PROCEDURES FOR IMPLEMENTING SECTION 102 (2) (C) OF THE NATIONAL ENVIRONMENT POLICY ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00244R000100190035-8
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: December 9, 2016
• Document Release Date: September 27, 2000
• Sequence Number: 35
• Content Type: REGULATION

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SUI3JECT: Procedures for Implementing Section 102 (2) (C) of the National
Environmental Policy Act
1. PURPOSE
This Logistics Instruction prescribes procedures for implementing Section 102 (2) (C)
of the National Environmental Policy Act of 1969 (Public Law 91-190), hereinafter
referred to as the Act, with regard to the design, construction, alteration, operation,
and use of public buildings and sites, and the lease or purchase of commercial facilities
to house Agency activities.
-2. BACKGROUND
Section 102 (2) (C) of the National Environmental Policy Act directs all Federal agencies
to identify and develop methods and procedures which will insure that environmental
amenities and values are given appropriate consideration in decisionmaking along with
economic and technical considerations, and to prepare a detailed statement on major
Federal actions that significantly affect the quality of the human environment. Executive
Order 11514 of March 5, 1970, "Protection and Enhancement of Environmental Quality, "
implements the purpose and policy of this Act, and "Interim Guidelines, " implementing
its provisions, have been issued by the Council on Environmental Quality (CEQ).
3. PROCEDURES
The following procedures are established for complying with the Act:
a. Officials Responsible for the Environmental Statements. Statements shall be
prepared by the Director of Logistics, who has been designated as the responsible
official referred to in Section 102 (2) (C) of the Act. The Chief, Real Estate and
Construction Division, OL, will assist the D/L as required and provide appropriate
technical competence to develop statements in a timely manner consistent with the
actions identified in subparagraphs 3b, 3c, and 3d of this Instruction.
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b. Identifying Agency Actions Requiring Environmental Statements. Environmental
statements shall be provided when it is concluded that an Agency action will have
a significant (by itself or cumulative) effect on the quality of the human environ-
ment. Dollar value alone is not a sufficient indicator; a small repair and improve-
ment project may have significant impact on the environment. Actions requiring
environmental statements will include, but not be limited to:
(1)
Awards of contracts or other agreements for repair, maintenance, or
operation of a facility which may, through the processes involved, the
residue caused or collected, and disposal thereof, adversely affect the
environment.
(2) Acquisition of real property by lease, assignment, purchase, construction,
or otherwise, the operation of which, by the process involved, adversely
affect the environment.
(3) Actions involving the moving or displacement of people which would
materially affect population density.
c. Information for Environmental Statements. A broad spectrum of pertinent infor-
mation shall be used in the preparation of the five -point environmental statement
required by Section 102 (2) (C) of the Act. Special attention is to be given to the
pro and con presentation of alternatives that relate to the short- and long-term
environmental decisions. As part of these information gathering efforts, approaches
being used by other Federal agencies to similar environmental problems will be
.examined with the view of utilizing a systematic and interdisciplinary approach.
d. Content of Environmental Statement.
(1) The following points are to be covered:
(a) The probable impact of the proposed action on the environment, including
impact on ecological systems such as wild life, fish, and other marine
life, as well as the impact on historic, archaeological, architectural, and
cultural resources. Both primary and secondary significant consequences
for the environment should be included in the analysis.
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(b)
Any probable adverse environmental impact which cannot be avoided
(such as water or air pollution, damage to life systems, urban
congestion, threats to health, or other consequences adverse to the
environmental goals set out in Section 101 (b) of P.L. 91-190).
(c) Alternatives to the proposed action (Section 102 (2) (D) of the Act)
require the responsible agency to "study, develop, and describe
appropriate alternatives to recommended courses of action in any
proposal which involves unresolved conflicts concerning alternative
uses of available resources." A rigorous exploration and objective
evaluation of alternative actions that might avoid some or all of the
adverse environmental effects is essential. Sufficient analysis of
such alternatives and their costs and impact on the environment
should accompany the proposed action through the review process
in order not to foreclose prematurely options which might have less
detrimental effects.
(d) The relationship between local short-term uses of man's environment
and the maintenance and enhancement of long-term productivity.
This requires assessment of the action for cumulative and long-term
effects from the perspective that each generation is trustee of the
environment for succeeding generations.
(e) Any irreversible and irretrievable commitments of resources which
would be involved in the proposed action should it be implemented.
This requires identification of the extent to which the action curtails
the range of beneficial uses of the environment.
(f) Where appropriate, a discussion of problems and objections raised
by other Federal agencies and State and local entities in the review
process and the disposition of the issues involved.
(2) Each environmental statement shall be prepared in accordance with the
precept in Section 102 (2) (A) of the Act that all agencies of the Federal
Government "utilize a systematic, interdisciplinary approach which
will insure the integrated use of the natural and social sciences and the
environmental design arts in planning and decisionmaking which may
have an impact on man's environment."
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e. Consulting with Federal, State, and Local Agencies. Where appropriate, prior to
completing a detailed draft of an environmental statement, adequate consultation
shall be made with the regional offices of the Federal agencies and such State and
local agencies as have jurisdiction by law or expertise for specific areas of
environmental quality.
f. Existing Projects and Programs. The Section 102 (2) (C) procedure shall be applied
to further Agency actions having significant effect on the environment even though
they arise from projects or programs initiated prior to enactment of P. L. 91-190.
4. PREPARATION AND SUBMISSION OF THE DRAFT TEXT OF ENVIRONMENTAL
STATEMENT
a. Ten copies of draft environmental statements shall be forwarded to the CEQ by
the responsible officer simultaneously with distribution for comment to relevant
State and local agencies and the public, as appropriate.
b. A minimum of 30 days is to be allowed for agency comment (45 days for Environ-
mental Protection Agency comment), followed by preparation of a final environ-
mental statement.
5. PREPARATION AND SUBMISSION OF FINAL TEXT OF ENVIRONMENTAL
STATEMENT
a. Any comments received from Federal, State, regional, or local officials shall be
reconciled, where practicable, with the draft environmental statement through
coordination with the particular agency concerned. The environmental statement
shall be revised to reflect, when appropriate, the additional data and comments
obtained from those agencies. In any event, a discussion of problems and objections
raised by other Federal agencies and State and local entities in the review process,
together with the responsible official's recommended disposition of the issues
involved, shall be appended to the final text of the environmental statement.
b. Ten copies of the final environmental statement shall be forwarded to the CEQ
and other interested parties as in paragraph 4a, above.
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c. To the maximum extent possible, no administrative action will be taken prior to
30 days after the final statement has been presented to the CEQ or sooner than
90 days after the submission of the draft statement as per paragraph 4a, above.
John F. Blake
Director of Logistics
ADMINISTRATIVE - INTERNAL USE ONLY
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