National Environmental Policy Act Implementing Procedures, 61200-61214 [2016-21294]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES 61200 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices now managed as the Brick Quarters Historic District (BQHD), and the NRHPeligible Foulois House constructed in 1874. WPAFB presently operates and maintains the BQHD and Foulois House under provisions of the National Historic Preservation Act (NHPA) Sections 106 and 110. Environmental studies and impact analysis will evaluate options for new construction, conveyance to a private developer, lease, and demolition of these last remaining government-owned homes. Public scoping meetings will be held to assist in identifying reasonable alternatives, potential impacts, and the relative significance of impacts to be analyzed in the EIS. The purpose of the action is to provide housing that meets Air Force standards for key and essential (K&E) personnel and their dependents stationed at WPAFB. The need for this action stems from mission requirements, Department of Defense (DOD) policy, and the USAF’s obligations under the NHPA and Executive Order (EO) 13287, Preserve America. At a minimum, this action must support the mission by providing residences for 30 K&E personnel and their dependents who are required to live on WPAFB. The current privatized housing inventory does not support these needs, as the homes are not of adequate square footage and are not proximate enough to K&E work locations to support the base’s housing requirements for the identified K&E personnel. The EIS will address concerns associated with modification, conveyance, lease, and/or demolition of historic homes within the BQHD. The EIS will analyze alternatives that could include military construction and continued government ownership, housing privatization of all or a portion of the homes, NHPA Section 111 Lease, reuse as temporary lodging facilities, demolition, and the No Action Alternative. Within the framework of these alternatives, the EIS will support Air Force decisions by identifying and evaluating potential impacts to land use, safety, noise, hazardous materials and solid waste, earth resources, water resources, air quality, transportation, cultural resources, biological resources, socioeconomics, and environmental justice. The USAF intends to use the EIS process and documentation to aid in fulfilling its NHPA, Section 106 consultation requirements (36 CFR 800.8) particularly regarding public participation in the planning process associated with this EIS. In addition, extensive consultation under NHPA Sec. 106 is ongoing with the OHPO, VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 WMD events, and develops and delivers cutting-edge technologies to assist with these endeavors. As a Department of Defense (DoD) agency, the DTRA/SCC–WMD does not own real property. Most agency actions typically occur on host military service Henry Williams, installations or ranges, or other Federal Acting Air Force Federal Register Officer. agency properties. DTRA/SCC–WMD [FR Doc. 2016–21274 Filed 9–2–16; 8:45 am] formerly relied upon host installation BILLING CODE 5001–10–P NEPA implementing procedures, including categorical exclusions to address potential environmental DEPARTMENT OF DEFENSE impacts of agency actions. With the issuance of CEQ guidance ‘‘Establishing, Office of the Secretary Applying, and Revising Categorical [Docket ID: DOD–2016–OS–0056] Exclusions under the National Environmental Policy Act’’ (Nov. 23, National Environmental Policy Act 2010) and after consulting with CEQ Implementing Procedures and other similar DoD components, DTRA/SCC–WMD determined the need AGENCY: Defense Threat Reduction to establish NEPA implementing Agency/USSTRATCOM Center for procedures and categorical exclusions Combating Weapons of Mass specific to DTRA/SCC–WMD projects Destruction, Department of Defense. and actions. The information assembled ACTION: Final guidance. while developing categorical exclusions SUMMARY: The Defense Threat Reduction is described in the ‘‘DTRA/SCC–WMD Administrative Record for Supporting Agency/USSTRATCOM Center for Categorical Exclusions’’ and is available Combating Weapons of Mass on the DTRA/SCC–WMD Web site at: Destruction (DTRA/SCC–WMD or the http://www.dtra.mil/Home/NEPA.aspx. Agency) is issuing procedures to The categorical exclusions describe implement the National Environmental the categories of actions that DTRA/ Policy Act (NEPA), Executive Order SCC–WMD determined to normally not (E.O.) 11514, and Council on individually or cumulatively have Environmental Quality (CEQ) significant impact on the environment. regulations for implementing the These and the other implementing procedural provisions of NEPA. procedures will serve as the agency’s DATES: This final guidance is effective guide for complying with the on September 6, 2016. requirements of NEPA for DTRA/SCC– FOR FURTHER INFORMATION CONTACT: Ms. WMD actions. Sherry Davis, Director, Environment, The text of the complete DTRA/SCC– Safety, and Occupational Health WMD NEPA implementing procedures Department, at (703) 767–7122 or by can be found on the DTRA/SCC–WMD email at sherry.j.davis3.civ@mail.mil. Web site at: http://www.dtra.mil/Home/ SUPPLEMENTARY INFORMATION: On NEPA.aspx and in this document. Thursday, May 5, 2016 (81 FR 27107– Dated: August 31, 2016. 27122), the Department of Defense Aaron Siegel, published proposed guidance titled Alternate OSD Federal Register Liaison ‘‘National Environmental Policy Act Officer, Department of Defense. Implementing Procedures’’ for a 30-day public comment period. The publicTable of Contents comment period ended on June 6, 2016. 1. Purpose No public comments were received. 2. Applicability Further administrative edits were 3. Policy made to the final guidance. References 4. Responsibilities to ‘‘J4/8C’’ were changed to ‘‘J4/8’’, and 5. Environmental Planning & Analysis references to the Environment, Safety, (a) Record of Environmental Review and Occupational Health (ESOH) Team (b) Categorical Exclusion (CATEX) (c) Environmental Assessment (EA) Web site were removed throughout the (d) Finding of No Significant Impact final guidance. (FONSI) DTRA/SCC–WMD is a combat support (e) Environmental Impact Statement (EIS) agency that counters weapons of mass (f) Record of Decision (ROD) destruction (WMD). DTRA/SCC–WMD 6. Mitigation and Monitoring keeps WMD out of the hands of 7. Subsequent Analyses terrorists and other enemies by locking (a) Tiering and Programmatic Review down, monitoring, and destroying (b) Supplemental EAs/EISs weapons and weapons-related material, (c) Adoption of EAs/EISs 8. Actions on Host Installations/Actions assists with plans and responses to ACHP and other interested parties. That consultation is expected to produce a Sec. 106 project Programmatic Agreement which will be executed prior to issuance of this EIS’s Record of Decision (ROD). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\06SEN1.SGM 06SEN1 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices Abroad (a) Actions on Host Installations (b) Actions Occurring Abroad 9. Classified Actions 10. Administrative Record 11. Glossary (a) Abbreviations and Acronyms (b) Definitions Appendix A: The NEPA Process Appendix B: Categorical Exclusions (CATEXs) Appendix C: Record of Environmental Consideration (REC) Appendix D: Notice of Intent (NOI) Appendix E: Notice of Availability (NOA) Appendix F: Record of Decision (ROD) Defense Threat Reduction Agency/ USSTRATCOM Center for Combating Weapons of Mass Destruction NEPA Implementing Procedures 1. Purpose Pursuant to DTRA/SCC–WMD Instruction 4715.5, ‘‘Environmental Compliance’’ (Aug. 22, 2014), this guide identifies requirements and provides procedures for implementing the provisions of the National Environmental Policy Act (NEPA) in accordance with Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act, 40 CFR parts 1500–1508, and E.O. 12114, ‘‘Environmental Effects Abroad of Major Federal Actions’’ (Jan. 4, 1979). It supplements 40 CFR parts 1500–1508 and E.O. 12114 by establishing policy, responsibilities, and procedures for fully considering environmental consequences of proposed actions, preparing necessary documentation for actions with the potential for significant environmental impact, and demonstrating transparency in decisionmaking. DTRA/SCC–WMD does not own real property or undertake projects or programs where actions are planned or funded by private applicants or other non-Federal entities. Therefore, this guide does not include provisions to account for such actions. mstockstill on DSK3G9T082PROD with NOTICES 2. Applicability The requirements and procedures of this guide apply to all entities of DTRA/ SCC–WMD and its executing agents. 3. Policy It is DTRA/SCC–WMD policy to: (a) Integrate environmental consideration into all Agency/Center activities at the earliest possible planning stage, make decisions considering environmental consequences, assess a range of reasonable alternative actions, and take actions that protect, restore, and enhance the environment. VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 (b) Prepare all necessary documentation required under NEPA and 40 CFR parts 1500–1508 whenever acting as the proponent or lead agency for a proposed action that has the potential for significant environmental impact. (c) Serve as a cooperating agency for activities in which DTRA/SCC–WMD participates but is not the proponent or lead agency and provide full cooperation and necessary technical expertise and documentation to the lead agency as requested. (d) Use programmatic and tiered analyses, when possible, to eliminate redundancies in future project/program analyses, effectively evaluate cumulative environmental effects, and reduce mission delays. (e) Periodically (at least every 7 years) review the effectiveness of its NEPA procedures including responsibilities, implementing procedures, and categorical exclusions (CATEXs), and when new information or circumstances warrant, review the currency of existing Programmatic Environmental Impact Statements (EISs) and Programmatic Environmental Assessments (EAs). (f) Involve the public in preparing and executing its NEPA procedures, and publish NEPA implementing procedures, CATEXs, and other relevant NEPA documentation as appropriate on the DTRA/SCC–WMD public Web site. (g) Prepare NEPA documentation and procedures that are written in plain language so that decision-makers and the public can readily understand them. (h) To the fullest extent possible, integrate NEPA requirements with other environmental review and consultation requirements including, but not limited to, Clean Water Act, Clean Air Act, Endangered Species Act, National Historic Preservation Act, Resource Conservation and Recovery Act, and Comprehensive Environmental Response, Compensation, and Liability Act. (i) Eliminate duplication with State and local procedures by providing for, as appropriate, joint planning processes and, where appropriate, joint preparation of NEPA reviews (analyses and documentation). (j) Eliminate duplication with other Federal procedures by jointly preparing NEPA reviews, or adopting other agencies’ EAs and EISs, or incorporating by reference material into an EA or EIS where appropriate. (k) Comply with host installation NEPA requirements in addition to the requirements set forth in this guide. Equivalent host installation documentation may be used to satisfy PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 61201 DTRA/SCC–WMD documentation requirements. 4. Responsibilities (a) Director, DTRA/SCC–WMD (J0) The J0 has final approval and signature authority of EIS Records of Decision (RODs) generated by DTRA/ SCC–WMD or its contractors. This authority may be delegated as deemed appropriate by the J0. (b) Joint Director (JDIR), Acquisition, Finance, and Logistics (J4/8) The JDIR, J4/8 monitors the effective implementation of these procedures through the Director, Environment, Safety, and Occupational Health (ESOH) Department (J4E) and hereby appoints the Director, J4E as the principal Agency/Center advisor on NEPA-related requirements. (c) Director, J4E The Director, J4E as the principal Agency advisor on NEPA-related requirements: (1) Provides guidance to Project/ Program Managers as necessary on the requirements in this guide and maintains direct oversight of the NEPA process. (2) Reviews project proposals to determine NEPA applicability and requirements, and provides qualified personnel to support Project/Program Managers with NEPA compliance. (3) Performs environmental compliance reviews of EISs/RODs, EAs/ Findings of No Significant Impact (FONSIs), and Records of Environmental Consideration (RECs) generated by DTRA/SCC–WMD or its contractors and provides initial approval by signature as the compliance authority. (4) When DTRA/SCC–WMD serves as a cooperating agency for activities in which it participates but is not the proponent or lead, reviews and approves NEPA documents as requested by the lead agency. (5) Maintains an organized administrative record of all NEPA documents generated by DTRA/SCC– WMD or its contractors, including documentation supporting Agency/ Center CATEXs. (6) Represents DTRA/SCC–WMD in NEPA-related matters with external organizations. (7) Ensures required NEPA mitigation measures are documented in the administrative record, performed, and monitored. E:\FR\FM\06SEN1.SGM 06SEN1 61202 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices (d) Office of the General Counsel (J0GC) The J0GC provides a legal review of EISs, RODs, EAs, and FONSIs generated by DTRA/SCC–WMD or its contractors. (e) Governmental and Public Affairs Office (J0XG) The J0XG: (1) Assists Project/Program Managers with engaging the public for scoping meetings, accepting comments, providing adjudications, outreach efforts, and other related interactions. (2) Coordinates the public release of DTRA/SCC–WMD NEPA documentation using various mediums including local newspapers, DTRA/SCC–WMD’s public Web sites, and the Federal Register (FR). (3) Approves, signs, and publishes Notices of Intent (NOI) and Notices of Availability (NOA). (f) Directorate JDIRs/Staff Office Chiefs/ SCC–WMD Divisions The Directorate JDIRS/Staff Office Chiefs/SCC–WMD Divisions: (1) Integrate environmental considerations early in the planning stages of all Directorate/Staff Office/ SCC–WMD Division activities with adequate time to ensure NEPA requirements can be met. (2) Provide project proposals to the Director, J4E for any planned DTRA/ SCC–WMD activity with potential for environmental impact. (3) Provide necessary funding to satisfy NEPA requirements for Directorate/Staff Office/SCC–WMD Division activities subject to compliance. 5. Environmental Planning & Analysis mstockstill on DSK3G9T082PROD with NOTICES (a) Record of Environmental Review (1) A flowchart outlining the general NEPA process can be found in Appendix A. (2) As early in the planning process as possible, the Project/Program Manager of a proposed action must provide to the J4E a project proposal by completing the top section of a REC (found in Appendix C) with information regarding the scope of the activity. (3) A REC is used to document the environmental analysis for an activity. The REC could indicate that a CATEX applies and there are no extraordinary circumstances requiring further analysis; that the activity is covered under a previous analysis (EA/EIS) and further analysis is not required, or that additional analysis is needed (EA/EIS). (4) Based on conclusions of the initial environmental analysis, additional analysis may be required. Project/ Program Managers must also comply VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 with other applicable statutory or regulatory requirements set out in DTRA/SCC–WMD Instruction 4715.5, including but not limited to environmental permits, consultations, and approvals such as those required for actions affecting federally-listed threatened or endangered species or their designated critical habitat, historic and cultural preservation, safe drinking water requirements, as well as other applicable state, DoD, or local regulatory requirements. (b) Categorical Exclusion (CATEX) (1) A CATEX is a category of Agency/ Center actions which have been determined to normally not individually or cumulatively have significant impact on the environment and therefore neither an EA nor EIS is required. Project/Program Managers may use a CATEX for a proposed action with approval from the J4E when there are no extraordinary circumstances that warrant further analysis in an EA or EIS. (i) A list of approved CATEXs can be found in Appendix B. DTRA/SCC– WMD must not use a CATEX that is not listed in the appendix. Proposals for additional CATEXs must be submitted to and approved by the J4E and CEQ, be reviewed through a public comment period, and be supported by appropriate substantiating documentation such as an EA/FONSI, impact demonstration projects, or information from professional staff, expert opinions, and scientific analyses. (ii) Extraordinary circumstances are also listed in Appendix B following the list of CATEXs. (2) If a CATEX applies, the J4E will document use of the specific CATEX on the REC, and the action may proceed. The REC should document any determination and conclusion where the issue of whether an extraordinary circumstance requires further review has been resolved. This determination can be made using current information and expertise, if available and adequate, or can be derived through conversation, as long as the basis for the determination is included in the REC. Copies of appropriate interagency correspondence can be attached to the REC. Example conclusions regarding screening criteria are as follows: (i) ‘‘U.S. Fish and Wildlife Service concurred in informal coordination that endangered or threatened species will not be adversely affected.’’ (ii) ‘‘Corps of Engineers determined action is covered by nationwide general permit.’’ (iii) ‘‘State Historic Preservation Officer concurred with action.’’ (iv) ‘‘State Department of Natural Resources PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 concurred that no adverse effects to state sensitive species are expected.’’ (3) If a CATEX does not apply, either by not including the proposed action or due to extraordinary circumstances, and the action is not covered under an existing document, then an EA or EIS must be prepared unless the proposed action is not further considered. (4) To use a CATEX, the proponent must satisfy the following three screening conditions: (i) The action has not been segmented. Determine that the proposed action has not been segmented to meet the definition of a CATEX and fits within the category of actions described in the CATEX. Segmentation can occur when an action is broken down into small parts in order to avoid the appearance of significance of the total action. An action can be too narrowly defined, minimizing potential impacts in an effort to avoid a higher level of NEPA documentation. The scope of an action must include the consideration of connected actions, and the effects when applying extraordinary circumstances must consider cumulative impacts. (ii) No exceptional circumstances exist. Determine if the action involves extraordinary circumstances that would preclude the use of a CATEX (see Appendix B). (iii) One CATEX encompasses the proposed action. Identify a CATEX that encompasses the proposed action (see Appendix B). If multiple CATEXs could be applicable, proceed when it is clear that the entire proposed action is covered by one CATEX. Any limitation in any potentially applicable CATEX should be considered when determining whether it is appropriate to proceed without further analysis in an EA or EIS. (c) Environmental Assessment (EA) (1) An EA is a concise public document used to provide sufficient evidence and analysis for determining whether to prepare an EIS or FONSI or to comply with NEPA when an EIS is not necessary. (2) The EA must include, at a minimum, the following: (i) Cover page, which identifies the proposed action and the geographic location. (ii) Purpose and need for the proposed action or activity. (iii) Description of the proposed action with sufficient detail in terms that are understandable to readers that are not familiar with DTRA/SCC– WMD activities. (iv) Discussion of alternative actions considered, including the preferred action and a ‘‘no action’’ alternative. There is no requirement for a specific number of alternatives or a specific range of alternatives to be included in an EA. An EA may limit the range of alternatives E:\FR\FM\06SEN1.SGM 06SEN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices to the proposed action and no action when there are no unresolved conflicts concerning alternative uses of available resources. For alternatives considered but eliminated from further study, the EA should briefly explain why these were eliminated. (v) Description of the affected environment. (vi) Analysis of the potential environmental impacts of the proposed action and alternatives. The EA must discuss, in comparative form, the reasonably foreseeable environmental impacts of the proposed action, the no action alternative, and any other reasonable alternatives necessary to address unresolved conflicts concerning the alternative use of resources. The discussion of environmental impacts must focus on substantive issues and provide sufficient evidence and analysis to support a FONSI unless a determination to prepare an EIS is made. (vii) Identification of any permits, licenses, approvals, reviews, or applicable special purpose laws. Although the NEPA process does not preclude separate compliance with these other requirements, DTRA/SCC–WMD will integrate applicable environmental review, consultation, and public involvement requirements under special purpose laws and requirements into its NEPA planning and documentation to reduce paperwork and delay. (viii) List of preparers, agencies, and persons consulted. (ix) Signature of the preparer(s) and the Director, J4E. (x) References and appendices. The appendices may include: (A) References that support statements and conclusions in the body of the EA, including methodologies used. Proper citations and, when available, hyperlinks to reference materials should be provided; (B) Evidence of coordination or required consultation with affected Federal, state, tribal, and local officials and copies or a summary of their comments or recommendations and the responses to such comments and recommendations; and (C) A summary of public involvement, including a summary of issues raised at any public hearing or public meeting. (3) The analysis of potential environmental impacts (item (c)(2)(vi) above) will include an assessment of the direct, indirect, and cumulative impacts that can reasonably be expected from taking the proposed action or alternatives, and the analysis should address substantive comments raised by interested Federal agencies, non-Federal agencies, and private parties. (i) When direct or indirect impacts exist, the EA must consider cumulative impacts. Cumulative impacts are impacts on the VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 environment resulting from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions. (ii) Actions by Federal agencies, nonFederal agencies, and private parties must be included when considering cumulative impacts. (4) DTRA/SCC–WMD must coordinate, as appropriate, preparation of the EA with other agencies (Federal, state, local, or tribal governments) when the action involves resources they manage or protect, and will invite agencies with jurisdiction by law or with special expertise to participate as cooperating agencies. (i) Agencies with jurisdiction by law are those with the authority to grant permits for implementing actions, approve or veto portions of the proposed action, or finance a portion of the proposed action. Federal agencies with jurisdiction by law must be a cooperating agency. Nonfederal agencies may be invited. (ii) Agencies with special expertise are those that have the expertise needed to help meet a statutory responsibility, to carry out in part the DTRA/SCC–WMD mission, or in the proposed actions’ relationship to the objectives of regional, state, or local land use plans, policies, and controls. Federal and nonfederal agencies may be invited. (5) DTRA/SCC–WMD must involve the public, to the extent practicable, in preparing EAs. (i) The appropriate level of involvement will vary based on the proposed action. A public scoping meeting, as described in 40 CFR 1501.7, is not required for an EA but is optional. Scoping can be particularly useful when an EA deals with uncertainty or controversy regarding potential conflicts over the use of resources or the environmental impacts of the proposed actions. The scoping process can provide a transparent way to identify environmental issues, focusing the analysis on the most pertinent issues and impacts. (ii) A draft EA should be circulated for 30 days of public comment and, if applicable, with the unsigned proposed FONSI, per paragraph (d)(7) of the FONSI provisions below. The length of comment period may be adjusted based on mission requirements. (6) DTRA/SCC–WMD will use the conclusions of an EA to determine whether to issue a FONSI or an NOI to prepare an EIS (found in Appendix D). (d) Finding of No Significant Impact (FONSI) (1) A FONSI is a document that briefly presents the reasons why a proposed action will not have a significant effect on the human PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 61203 environment and for which an EIS therefore will not be prepared. It must include the EA or a summary of it and note any other environmental documents related to it. (2) Mitigated FONSIs are appropriate where the J4E and Project/Program Manager, or other decision-maker for the project/program determine that mitigation measures can reduce potentially significant adverse impacts below the level of significance. These mitigation measures may be used to support a FONSI, provided that: (i) The relevant areas of environmental concern are identified in the EA; (ii) The EA supports the Agency’s determination that the potential impacts, including the impacts of any mitigation commitments, will be insignificant; and (iii) The Agency has identified mitigation measures that will be sufficient to reduce potential impacts below applicable significance thresholds and has ensured commitments to implement these measures. (3) Mitigation that is used to support a mitigated FONSI must be included as a condition of project approval. In these cases, if DTRA/SCC–WMD’s decision to act is not otherwise evidenced by a final decision document such as a rule, license, or approval, the J4E and the Project Manager or other decision-maker for the project/program must document the decision in the conclusion of the FONSI. The decision must identify those mitigation measures DTRA/SCC– WMD is adopting and identify any monitoring and enforcement program applicable to such measures (see Section 6: Mitigation and Monitoring). (4) A FONSI or Mitigated FONSI must document, in plain writing, the reasons why an action, not otherwise categorically excluded, would not have a significant impact on the human environment. The FONSI documents the basis for the determination that the proposed action would not have significant environmental impacts and the decision to implement the proposed action. The FONSI may be attached to an EA, or the EA and FONSI may be combined into a single document. If the FONSI is attached or combined with the EA, it need not repeat the discussion in the EA. If the FONSI is not attached or combined with the EA, the FONSI must include a summary of the EA and note any other environmental documents related to it. The FONSI must: (i) Briefly describe the proposed action, the purpose and need, and the alternatives considered (including the no action alternative), and assess and document all relevant matters necessary to support the conclusion that the proposed action would not significantly affect the E:\FR\FM\06SEN1.SGM 06SEN1 mstockstill on DSK3G9T082PROD with NOTICES 61204 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices quality of the human environment; (ii) Determine the proposed action’s consistency or inconsistency with community planning, and document the basis for the determination; (iii) Present any mitigation measures that are a condition of project approval. The FONSI should also reflect coordination of mitigation commitments (including any applicable monitoring program) with, and consent and commitment from, those entities with the authority to implement specific mitigation measures committed to in the FONSI; and (iv) Reflect compliance with all applicable environmental requirements, including interagency and intergovernmental coordination and consultation, public involvement, and documentation requirements. Findings and determinations required under special purpose laws and requirements, regulations, and orders, if not made in the EA, must be included in the FONSI. (v) If the FONSI is prepared following adoption of all or part of another agency’s NEPA document, the FONSI must identify the part(s) of the document being adopted and include documentation of DTRA/SCC–WMD’s independent evaluation of the document. (5) All FONSIs must include the following approval statement: After careful and thorough consideration of the facts contained herein, the undersigned finds that the proposed Federal action is consistent with existing national environmental policies and objectives as set forth in Section 101 of NEPA and other applicable environmental requirements and will not significantly affect the quality of the human environment. APPROVED: llllllllllll DATE: lllllllllllllll (6) Following preparation of the FONSI, the Project/Program Manager reviews and signs the FONSI. Issuance of a FONSI signifies that DTRA/SCC– WMD will not prepare an EIS and has completed the NEPA process for the proposed action. Following the approval of a FONSI, the Project/Program Manager may decide whether to take or approve the proposed action. Mitigation measures that were made as a condition of approval of the FONSI must be incorporated in the decision to implement the action. (7) The J0XG in coordination with the Project/Program Manager will publish an NOA (found in Appendix E) with local media to open a 30-day public comment period for the final draft EA and unsigned proposed FONSI. For actions with national interest, J0XG shall also publish the NOA in the FR. VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 The length of comment period may be adjusted based on mission requirements. (8) After closure of the public comment period, the Project/Program Manager in coordination with the J4E will adjudicate the comments received and update the EA as necessary. The Project/Program Manager in coordination with the J4E will decide to prepare an EIS, or terminate the proposed action. (9) Upon completing the adjudication, the final FONSI will be signed by the J4E and Project/Program Manager or other decision-maker for the project/ program, and the action may proceed. (10) The J0XG will make the final EA and signed FONSI available to the public and post on DTRA/SCC–WMD’s public Web site. (i) A copy of the FONSI and EA should be sent to reviewing agencies and organizations or individuals who made substantive comments or specifically requested copies. (ii) When a project involves a resource protected under a special purpose law or requirement, or other directive, the J0XG will send a signed copy of the FONSI and the EA supporting it to the agency(ies) with whom DTRA/SCC–WMD consulted to comply with the applicable law or directive and to any party requesting copies of those documents. (e) Environmental Impact Statement (EIS) (1) When a proposed action has the potential for significant environmental impact or when an EA does not result in a FONSI, an EIS will be prepared to examine the potential impacts of the proposed action, reasonable alternatives, and measures to mitigate those effects. (2) Prior to preparing an EIS, the Project/Program Manager in coordination with J0XG will publish an NOI (Appendix D) in the FR to initiate preparation of the EIS. (i) The NOI includes an overview of the proposed action, any reasonable alternatives being considered (including no action), and known potential environmental impacts associated with the action. If the NOI is also used to satisfy public notice and comment requirements of other environmental requirements in addition to NEPA that are applicable to the proposed action, the NOI should include a statement to that effect with a reference to the applicable laws, regulations, or Executive Orders. (ii) The NOI will also identify a DTRA/ SCC–WMD point of contact who can provide additional information about the action and to whom comments should be sent. (iii) There will be a PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 public scoping period of 30 days from the date of publication of the NOI in the FR to allow other interested agencies and the public to provide input and comments. If a scoping meeting is planned and sufficient information is available at the time of the NOI, the NOI should also announce the meeting, including the meeting time and location, and other appropriate information such as availability of a scoping document. (3) The Project/Program Manager must host a public EIS scoping meeting to identify the range of actions, alternatives, and impacts to consider for analysis. Scoping is a required part of the EIS process. Scoping is an early and open process for determining the scope of issues to be addressed in the EIS and identifying the significant issues related to a proposed action. The Project/ Program Manager shall tailor the scoping processes to match the complexity of the proposal. (i) DTRA/ SCC–WMD representatives must include at a minimum the Project/ Program Manager, the J4E, and program subject matter experts. The Project/ Program Manager will also invite interested members of the public and representatives from cooperating organizations, and may include other participants as necessary. (ii) Scoping serves additional purposes such as identifying those issues that do not require detailed analysis or that have been covered by prior environmental review, setting the temporal and geographic boundaries of the EIS, determining reasonable alternatives, and identifying available technical information. (iii) The Project/Program Manager with assistance from the J4E must take the lead in the scoping process, inviting the participation of potentially affected Federal, state, and local agencies, any potentially affected tribes, and other interested persons (including those who might oppose the proposed action). (4) An EIS must include the following components presented in the standard EIS format in accordance with 40 CFR parts 1500–1508: (i) A cover page that includes: (A) A list of the responsible lead and cooperating agencies (identifying the lead agency); (B) The title of the proposed action together with the state(s) and county(ies) where the action is located; (C) The name, address, and telephone number of the responsible DTRA/SCC–WMD official; (D) The designation of the statement as draft, final, or supplement; (E) A one paragraph abstract of the EIS; and (F) For draft EISs, a statement that this EIS is submitted for review pursuant to applicable public law requirements. (ii) E:\FR\FM\06SEN1.SGM 06SEN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices An executive summary that adequately and accurately summarizes the EIS. The summary describes the proposed action, stresses the major conclusions, areas of controversy (including issues raised by agencies and the public), and the issues to be resolved (including the choice among alternatives). It also discusses major environmental considerations and how these have been addressed, summarizes the analysis of alternatives, and identifies the agency preferred alternative. It discusses mitigation measures and any monitoring. (iii) A table of contents that lists the chapters and exhibits (including figures, maps, and tables) presented throughout the EIS. It will also list any appendices, acronym list, glossary, references, and index. (iv) A Purpose and Need section that briefly describes the underlying purpose and need for the Federal action. It presents the problem being addressed and describes what DTRA/SCC–WMD is trying to achieve with the proposed action. It provides the parameters for defining a reasonable range of alternatives to be considered. The purpose and need for the proposed action must be clearly explained and stated in terms that are understandable to individuals who are not familiar with DTRA/SCC–WMD activities. Where appropriate, the responsible DTRA/ SCC–WMD official should initiate early coordination with cooperating agencies in developing purpose and need. (v) An Alternatives section that includes the proposed action. This section is the heart of the EIS. It presents a comparative analysis of the no action alternative, the proposed action, and other reasonable alternatives to fulfill the purpose and need for the action, to sharply define the issues, and provide a clear basis for choice among alternatives by the approving official. Whether a proposed alternative is reasonable depends, in large part, upon the extent to which it meets the purpose and need for the proposed action. Reasonable alternatives not within the jurisdiction of the lead agency should be considered. DTRA/SCC–WMD may include alternatives proposed by the public or another agency. However, they must meet the basic criteria for any alternative: It must be reasonable, feasible, and achieve the project’s purpose. The extent of active participation in the NEPA process by the proponent of the alternative also bears on the extent to which a preferred alternative deserves consideration. Charts, graphs, and figures, if appropriate, may aid in understanding the alternatives. To provide a clear basis of choice among the alternatives, VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 graphic or tabular presentation of the comparative impact is recommended. This section also presents a brief discussion of alternatives that were not considered for detailed analysis (e.g., because they do not meet the purpose and need for the proposed action). The draft EIS must identify the preferred alternative or alternatives, if one or more exists at the time the draft EIS is issued. The final EIS must specifically and individually identify the preferred alternative. Criteria other than those included in the affected environment and environmental consequences sections of the EIS may be applied to identify the preferred alternative. Although CEQ encourages Federal agencies to identify the environmentally-preferred alternatives in the EIS, the CEQ Regulations do not require that discussion until the ROD. (vi) An affected environment section that describes the environmental conditions of the potentially affected geographic area or areas. The discussion of the affected environment should be no longer than is necessary. It should include detailed discussion of only those environmental impact categories affected by the proposed action or any reasonable alternatives to demonstrate the likely impacts; data and analyses should be presented in detail commensurate with the importance of the impact. To ensure that this section emphasizes the important aspects of the impacts on the environment, the discussion should summarize and incorporate by reference information or analysis that is reasonably available to the public. This section may include the following, if appropriate: (A) Location map, vicinity map, project layout plan, and photographs; (B) Existing and planned land uses and zoning, including: industrial and commercial growth characteristics in the affected vicinity; affected residential areas, schools, places of outdoor assemblies of persons, churches, and hospitals; public parks, wildlife and waterfowl refuges; federally listed or proposed candidate, threatened, or endangered species or federally designated or proposed critical habitat; wetlands; national and state forests; floodplains; farmlands; coastal zones, coastal barriers, or coral reefs; recreation areas; wilderness areas; wild and scenic rivers; Native American cultural sites, and historic and archeological sites eligible for or listed on the National Register of Historic Places; (C) State or local jurisdictions affected by the proposed action or any reasonable alternatives; (D) Population estimates and other relevant demographic information for the PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 61205 affected environment, including a census map where appropriate; and (E) Past, present, and reasonably foreseeable future actions, whether Federal or non-Federal, including related or connected actions to show the cumulative effects of these actions on the affected environment. (vii) An environmental consequences section, which forms the scientific and analytical basis for comparing the proposed action, the no action alternative, and other alternatives retained for detailed analysis. (A) The discussion of environmental consequences will include the environmental impacts of the alternatives including the proposed action; any adverse environmental impacts that cannot be avoided should the proposed action or any of the reasonable alternatives be implemented; the relationship between short-term uses of man’s environment and the maintenance and enhancement of longterm productivity; any irreversible or irretrievable commitments of resources that would be involved in the proposed action or any reasonable alternatives should they be implemented; and mitigation. It must include considerations of direct, indirect, and cumulative impacts and their significance and possible conflicts with the objectives of Federal, regional, state, tribal, and local land use plans, policies, and controls for the area concerned and other unresolved conflicts. To avoid excessive length, the environmental consequences section may incorporate by reference background data to support the impacts analysis. 40 CFR 1502.22 sets forth requirements for addressing situations in which information for assessing reasonably foreseeable significant adverse impacts is incomplete or unavailable. (B) Specific environmental impact categories must be discussed to the level of detail necessary to support the comparisons of impacts of each alternative retained for detailed analysis, including the no action alternative. The section should include the information required to demonstrate compliance with other applicable requirements and should identify any permits, licenses, other approvals, or reviews that apply to the proposed action or any reasonable alternatives, and indicate any known problems with obtaining them. This section should also provide the status of any interagency or intergovernmental consultation required, for example, under the National Historic Preservation Act, 16 U.S.C. 470–470x–6, the Endangered Species Act, 16 U.S.C. 1531–1544, the Coastal Zone E:\FR\FM\06SEN1.SGM 06SEN1 mstockstill on DSK3G9T082PROD with NOTICES 61206 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices Management Act, 16 U.S.C. 1451–1466, the American Indian Religious Freedom Act, 42 U.S.C. 1996, Executive Order 13084, Consultation and Coordination with Indian Tribal Governments, 63 Federal Register 27655 (May 14, 1998), the Wild and Scenic Rivers Act, 16 U.S.C. 1271–1287, and the Fish and Wildlife Coordination Act, 16 U.S.C. 661–667d. (viii) An EIS must describe mitigation measures considered or planned to minimize harm from the proposed action and reasonable alternatives. The EIS must discuss mitigation in sufficient detail to disclose that the environmental consequences have been fairly evaluated. Mitigation incorporated into project design must be clearly described in the proposed action and any reasonable alternatives. Environmental impacts resulting from mitigation must be considered in the EIS, when applicable. (A) The following types of mitigation measures should be considered: design and construction actions to avoid or reduce impacts; management actions that reduce impacts during operation of the facility; and replacement, restoration (reuse, conservation, preservation, etc.), and compensation measures. (B) Electronic data collection, tracking, and analysis may be useful in the consideration of appropriate mitigation measures. The DTRA/SCC–WMD ESOH Management System may also be used for tracking and monitoring mitigation commitments. (C) Mitigation and other conditions established in the EIS, or during review of the EIS, and that are committed to in the ROD, must be implemented by DTRA/SCC–WMD or another appropriate entity with authority to implement the identified mitigation measures or other conditions. DTRA/SCC–WMD ensures implementation of such mitigation measures through special conditions, funding agreements, contract specifications, directives, other review or implementation procedures, and other appropriate follow-up actions in accordance with 40 CFR parts 1500– 1508. (ix) The EIS must list the preparers of the NEPA document, including the names, and qualifications (e.g., expertise experience, professional disciplines) of DTRA/SCC–WMD staff that were primarily responsible for preparing the EIS or significant background material, and contractors who assisted in preparing the EIS or associated environmental studies. (x) The EIS must contain a list of agencies, organizations, and persons to whom copies of the EIS are sent. This list is included for reference and to demonstrate that the EIS is being VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 circulated, and thus, that the public review process is being followed. (xi) An index that reflects the key terms used throughout the EIS for easy reference. The index must include page numbers for each reference. (xii) An EIS must include appendices, if necessary. This section consists of material that substantiates any analysis that is fundamental to the EIS, but would substantially contribute to the length of the EIS or detract from the document’s readability, if included in the body of the EIS. This section should contain information about formal and informal consultation conducted and related agreement documents prepared, pursuant to other special purpose laws and requirements. (xiii) The Final EIS must assess and respond to comments received on the draft EIS. (xiv) If applicable, the EIS may include footnotes. Footnotes include the title, author, date of document, and page(s) relied upon for sources used. (5) An EIS may not include any final decisions regarding the Agency/Center’s course of action. (6) The J4E must file the draft EIS with the United States Environmental Protection Agency (EPA) through the eNEPA electronic filing system at: http:// www.epa.gov/oecaerth/nepa/submiteis/ index.html. As part of the draft EIS filing process, the EPA will issue an NOA in the FR to open a 45-day comment period for the public, federally recognized tribes, or other interested Federal, state, and local agencies. This starts the official comment period for the draft EIS. The J0XG shall also publish an NOA (Appendix E) in a local daily newspaper on the same day that EPA’s NOA is published. DTRA/SCC– WMD should send a press release to local media and, if the EIS is national in scope, to national media outlets. DTRA/SCC–WMD must notify EPA if it approves an extension of the public comment period so that EPA may provide an update in its FR notice. (i) The draft EIS should be available at local libraries or similar public depositories. Material used in developing or referenced in the draft EIS must be available for review at the appropriate DTRA/SCC–WMD office(s) or at a designated location. Upon request, copies of the draft EIS must be made available to the public without charge to the extent practical or at a reduced charge, which is not more than the actual cost of reproducing copies. The draft EIS may also be placed on the Internet and/or copies may be made available in digital form. (ii) The J0XG should use the following standard language in press releases and notices announcing the draft EIS’s availability PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 for comment and any public meetings or hearing(s) associated with the proposed project: DTRA/SCC–WMD encourages all interested parties to provide comments concerning the scope and content of the draft EIS. Comments should be as specific as possible and address the analysis of potential environmental impacts and the adequacy of the proposed action or merits of alternatives and the mitigation being considered. Reviewers should organize their participation so that it is meaningful and makes the agency aware of the reviewer’s interests and concerns using quotations and other specific references to the text of the draft EIS and related documents. Matters that could have been raised with specificity during the comment period on the draft EIS may not be considered if they are raised for the first time later in the decision process. This commenting procedure is intended to ensure that substantive comments and concerns are made available to DTRA/SCC–WMD in a timely manner so that DTRA/SCC– WMD has an opportunity to address them. Before including your address, phone number, email address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. (7) DTRA/SCC–WMD should hold public meetings or hearings on the draft EIS, when appropriate. If DTRA/SCC– WMD conducts a public meeting or hearing for the purpose of obtaining public comment on a draft EIS, DTRA/ SCC–WMD should ensure that the draft document is available for public review at least 15 days before the event occurs. (i) The Project/Program Manager must request comments on the draft EIS from appropriate Federal, state, and local agencies and from tribes when the impacts may be on a reservation or affect tribal interests. (ii) Draft EISs must be coordinated with the appropriate regional offices of other Federal agencies having jurisdiction by law or special expertise, appropriate state and local agencies including cooperating agencies, affected cities and counties, and others known to have an interest in the action, and appropriate tribal governments when the impacts may affect tribal interests. (8) After closure of the comment period, the Project/Program Manager and the J4E will adjudicate the comments received by considering the E:\FR\FM\06SEN1.SGM 06SEN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices input or concern and documenting a response, update the EIS as necessary, and complete an ROD (found in Appendix F) or terminate the proposed action. (i) DTRA/SCC–WMD must take into consideration all comments received on the draft EIS and comments recorded during public meetings or hearings, and respond to the substantive comments in the final EIS. All substantive comments received on the draft EIS (or summaries where the comments are voluminous) must be attached to the final EIS. Comments must be responded to in one or more of the following ways: (A) Written into the text of the final EIS; (B) Stated in an errata sheet attached to the final EIS; or (C) Included or summarized and responded to in an attachment to the final EIS, and if voluminous, may be compiled in a separate supplemental volume for reference. (ii) DTRA/SCC– WMD may, subject to the conditions set forth below, attach errata sheets to the draft EIS. If the modifications to the draft EIS in response to comments are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, then only the comments, responses, and errata sheets need to be circulated and the draft EIS and errata sheets may be filed as the final EIS as set out in 40 CFR1503.4(c). Use of errata sheets is subject to the condition that the errata sheets: (A) Cite the sources, authorities, or reasons that support the position of DTRA/SCC– WMD; and (B) If appropriate, indicate the circumstances that would trigger agency reappraisal or further response. (9) The cover page or summary of the final EIS or a draft EIS with errata sheets in lieu of a final EIS must include the following declaration language below. After careful and thorough consideration of the information contained herein and following consideration of the views of those Federal agencies having jurisdiction by law or special expertise with respect to the environmental impacts described, the undersigned finds that the proposed Federal action is consistent with existing national environmental policies and objectives as set forth in Section 101(a) of the National Environmental Policy Act of 1969. (10) Other required environmental findings and conclusions must be included in the summary, if not included in the body or at the end of the EIS. (11) The final EIS must be reviewed and approved by the Project/Program Manager and the J4E prior to generating an ROD. VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 (12) The J4E will file the final EIS with the EPA through the e-NEPA electronic filing system at: http:// www.epa.gov/oecaerth/nepa/submiteis/ index.html. The EPA will issue an NOA for the final EIS in the FR. The Project/ Program Manager may request that the J0XG also publish a more detailed availability notice in the FR, but the DTRA/SCC–WMD notice cannot be substituted for the EPA FR notice. The final EIS must be sent to: (i) The appropriate regional office of EPA; (ii) Any relevant DoD officials; (iii) Each Federal, state, and local agency, tribe, and private organization that made substantive comments on the draft EIS and to individuals who requested a copy of the final EIS or who made substantive comments on the draft EIS (one copy each); (iv) DOE headquarters for projects having major energy-related consequences (one copy); and (v) The appropriate state-designated single point of contact (or specific agency contacts when states have not designated a single contact point), unless otherwise designated by the governor (adequate number of copies, which varies by state). (vi) Additional copies must be sent to accessible locations to be made available to the general public such as state, metropolitan, and local public libraries to facilitate accessibility. The final EIS, comments received, and supporting documents must be made available to the public without charge to the fullest extent practical or at a reduced charge, which is not more than the actual cost of reproducing copies, at appropriate agency office(s) or at a designated location. (13) DTRA/SCC–WMD must wait a minimum of 30 days after the EPA NOA of the final EIS is published in the FR (and at least 90 days after filing of the draft EIS) before making a decision on the proposed action and issuing an ROD. The 30-day period provides time for the decision-maker to consider the final EIS and other pertinent information and make a decision; it is not for receiving public comments unless DTRA/SCC–WMD requests comments on the final EIS. At the conclusion of the 30-day waiting period, the J0 may issue the final decision in an ROD and implementation of the selected action may begin. (i) When DTRA/SCC– WMD is the lead Federal agency, the EPA, upon a showing by another Federal agency of compelling reasons of national policy, may extend prescribed periods up to 30 days, but no longer than 30 days without the permission of DTRA/SCC–WMD. The Project/Program Manager may also extend the waiting PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 61207 period or request the EPA to reduce this period for compelling reasons of national policy. The 90-day waiting period after the NOA of the draft EIS cannot be altered by the EPA. (ii) If DTRA/SCC–WMD unilaterally approves an overall extension of a comment period, the EPA must be notified so that the EPA may provide an update in its FR notice. (14) Under certain circumstances, DTRA/SCC–WMD may choose to terminate an EIS. This could occur, for example, when a proponent has decided not to go forward with the action or it is determined to be no longer needed. DTRA/SCC–WMD may also terminate an EIS and revert to an EA if the environmental analysis shows that there would not be significant impacts from the project. DTRA/SCC–WMD will provide notice of the determination to no longer conduct an EIS that is issued in a manner comparable to the publication and distribution used for the NOI to prepare the EIS. The notice should cite the date of the original NOI to prepare an EIS and state the reasons why DTRA/SCC–WMD has chosen to terminate the EIS. (f) Record of Decision (ROD) (1) The ROD (Appendix F) will state DTRA/SCC–WMD’s final decision on which action will be taken. The ROD may be prepared after the time periods outlined in the EIS section above. The Project/Program Manager and the J4E must provide concurrence on the ROD before submitting to the J0 for approval. Supplements to final EISs may be necessary (see Section (7)(b) Supplemental EAs/EISs) and must be reviewed and approved in the same manner as the original document, and a new draft ROD should be prepared, circulated, and approved. (i) DTRA/ SCC–WMD may select any alternative within the range of alternatives analyzed in the final EIS. The selected alternative may be an alternative other than the agency’s preferred alternative or the environmentally-preferred alternative. The selected action may not be implemented until the J0 has approved and signed the ROD. (ii) If DTRA/SCC–WMD selects an alternative other than the preferred alternative in the final EIS that involves special purpose laws and requirements, such as those related to Section 4(f) land, federally listed endangered species, wetlands, or historic sites, the Agency must first complete any required permit, evaluation, consultation, or other approval requirement prior to taking the action. (2) DTRA/SCC–WMD must provide public notice of availability of the ROD E:\FR\FM\06SEN1.SGM 06SEN1 mstockstill on DSK3G9T082PROD with NOTICES 61208 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices through appropriate means as required by 40 CFR 1506.6(b). Such means may include publication in the FR, other media, and on the Internet, although publication in the FR is only required for actions with effects of national concern. (3) The ROD must: (i) Present DTRA/ SCC–WMD’s decision on the proposed action, and identify and discuss all factors, including any essential considerations of national policy, that were balanced by the Agency in making its decision and state how those considerations entered into the decision; (ii) Identify all alternatives DTRA/SCC–WMD considered and which alternative(s) is/are considered to be environmentally-preferable. DTRA/ SCC–WMD may discuss preferences among alternatives based on relevant factors including economic and technical considerations, and agency statutory missions; (iii) Identify any mitigation measure(s) committed to as part of the decision and summarize any applicable mitigation monitoring and enforcement program. This must include any mitigation measure that was committed to as a condition of the approval of the final EIS; (iv) State whether all practicable means to avoid or minimize environmental harm from the selected alternatives have been adopted, and if not, why; and (v) Include any findings required by Executive Order, regulation, or special purpose law or requirement (e.g., wetlands, Section 4(f), etc.). (4) As necessary, the ROD can be used to clarify and respond to issues raised on the final EIS when those issues do not require supplementation of the final EIS. (5) If the ROD is prepared following adoption of all or part of another agency’s NEPA document (see Section (7)(c) Adoption of EAs/EISs), the ROD must incorporate by reference the part(s) of the document being adopted and include documentation of DTRA/SCC– WMD’s independent evaluation of the document. (6) The ROD must be signed by the J0 or delegated authority and posted with the EIS on the DTRA/SCC–WMD public Web site by the J0XG. (7) The action must proceed no less than 30 days after the EPA has published the NOA for the final EIS (see paragraph (5)(e)(13)). 6. Mitigation and Monitoring (a) DTRA/SCC–WMD must indicate whether mitigation measures will be implemented for the action selected in either a FONSI or ROD, the commitments the Agency/Center considered and selected, and who will VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 be responsible for implementing, funding, and monitoring the mitigation measures. (b) If the J4E and the Project Manager or other decision-maker for the project/ program determine that a mitigation measure stipulated in a FONSI has not been implemented or the implemented mitigation is failing to mitigate environmental impacts as predicted, and as a result a significant impact may occur, the J4E and the Project Manager or other decision-maker for the project/ program must initiate the EIS process by issuing an NOI to prepare an EIS if there remains discretionary DTRA/SCC–WMD action to be taken related to the project. (c) When possible, the Project/ Program Manager should include the cost of mitigation as a line item in the budget for a proposed project/program. DTRA/SCC–WMD ensures implementation of such mitigation measures through memorandums of agreement, funding agreements, contract specifications, directives, other review or implementation procedures, and other appropriate follow-up actions. (d) DTRA/SCC–WMD may ‘‘mitigate to insignificance’’ potentially significant environmental impacts found during preparation of an EA instead of preparing an EIS. The FONSI will include these mitigation measures, which must be implemented simultaneously with the project/ program action (see Sections 5(d)(i)(iii)). (e) Mitigation includes: (1) Avoiding the impact altogether by not taking a certain action or parts of an action. (2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (3) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. (4) Reducing or eliminating the impact over time by preservation and maintenance operation during the life of the action. (5) Compensating for the impact by replacing or providing substitute resources or environments. 7. Subsequent Analyses (a) Tiering and Programmatic Review (1) A programmatic review may assist decision-makers and the public in understanding the environmental impact from proposed broad federal actions and activities. A programmatic EIS or EA may be prepared to cover: (i) A broad group of related actions; or (ii) A program, policy, plan, system, or national level proposal that may later lead to individual actions, requiring subsequent NEPA analysis. (2) A programmatic document is useful in analyzing the cumulative PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 impacts of a group of related actions and when the proposed actions are adequately analyzed can serve as the NEPA review for those actions. Programmatic documents may also be useful in providing the basis for subsequent project-level specific environmental review. A programmatic EIS or EA may contain a broader, less specific, analysis than is done for a specific proposed project. If a programmatic EIS or EA is prepared, DTRA/SCC–WMD will determine whether project-specific EISs or EAs are needed for individual actions. Broad Federal actions analyzed in a programmatic EIS or EA may be evaluated geographically, generically, or by stage of technological development. (3) The use of a programmatic EIS or EA, and subsequent preparation of a project-specific EIS or EA is referred to as ‘‘tiering’’ the environmental review. Tiering can also be used to sequence environmental documents from the early stage of a proposed action (e.g., need for the action and site selection) to a subsequent stage (e.g., proposed construction) to help focus on issues that are ripe for decision and exclude from consideration issues not yet ripe or already decided. When this approach is used, DTRA/SCC–WMD must ensure that the proposed action is not being segmented by describing the independent utility of each stage. Programmatic and tiered EISs and EAs are subject to the same preparation and processing requirements as other EISs and EAs. (4) When a programmatic EIS or EA has been prepared, any subsequent EIS or EA for proposed projects within the scope of the programmatic document only needs to incorporate it by reference by summarizing the issues discussed in the programmatic document, providing access to the programmatic EIS or EA, and concentrating the subsequent project-specific EIS or EA on sitespecific impacts not covered by the programmatic document. The projectspecific document must state how to obtain a copy of the earlier programmatic document (i.e., a Web page or contact person/office). (b) Supplemental EAs/EISs (1) Project/Program Managers must prepare a supplemental EA, draft EIS, or final EIS if either of the following occurs: (i) There are substantial changes to the proposed action that are relevant to environmental concerns; or (ii) There are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts. E:\FR\FM\06SEN1.SGM 06SEN1 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES (2) Significant information is information that paints a dramatically different picture of impacts compared to the description of impacts in the EA or EIS. DTRA/SCC–WMD may also prepare supplements when the purposes of NEPA will be furthered by doing so. (3) Supplemental documents must be prepared following the same general process as the original EA or EIS addressing the new circumstances, information, or actions and incorporating by reference and summary the original EA or EIS. No new scoping is required for a supplemental EIS, but may be conducted at the discretion of the Project/Program Manager or the Director, J4E. (4) When a supplemental EA or EIS is completed, a new FONSI or ROD must be issued and made available to the public. the lead agency in the original document, then coordination with the public is not required. (c) Adoption of EAs/EISs (1) DTRA/SCC–WMD may adopt in whole or in part, another Federal agency’s draft or final EA, the EA portion of another agency’s EA/FONSI, or EIS in accordance with 40 CFR 1506.3 and CEQ Guidance, ‘‘Improving the Process for Preparing Efficient and Timely Environmental Reviews under the National Environmental Policy Act,’’ March 6, 2012, where DTRA/SCC– WMD’s proposed action is substantially the same as the action described in the existing EA or EIS. When another agency’s NEPA document does not adequately address DTRA/SCC–WMD’s proposed action or meet the applicable standards in the CEQ Regulations and these implementing procedures, then DTRA/SCC–WMD cannot adopt the EA or EIS and should consider which portions of that EA or EIS can be incorporated by reference. (2) The Project/Program Manager and J4E will independently review the EA or EIS and determine whether it is current, satisfies the requirements of NEPA, and covers the proposed action. In adopting all or part of another agency’s NEPA document, DTRA/SCC–WMD takes full responsibility for the scope and content that addresses the relevant DTRA/SCC– WMD action(s). (3) If the actions covered by the original NEPA analysis and the DTRA/ SCC–WMD proposed action are substantially the same, DTRA/SCC– WMD may reissue the EA or EIS as a final document and prepare its own FONSI or ROD. The EA or EIS will be recirculated and a public comment period will be provided per Section 5(e) above. When DTRA/SCC–WMD adopts an EA or EIS where it has acted as a cooperating agency and its comments and suggestions have been satisfied by (b) Actions Occurring Abroad VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 8. Actions on Host Installations/Actions Abroad (a) Actions on Host Installations DTRA/SCC–WMD must comply with the host installation NEPA implementing regulations, procedures, and guidance in addition to those set forth in this guide, and all environmental compliance actions must be coordinated with the appropriate host installation point of contact. Equivalent host installation documentation may be used to satisfy DTRA/SCC–WMD documentation requirements when signed and approved by DTRA/SCC–WMD and maintained in its administrative record. (1) Executive Order 12114 is based on the authority vested in the President by the Constitution and the laws of the United States. The objective of the Executive Order is to further foreign policy and national security interests while at the same time taking into consideration important environmental concerns. DTRA/SCC–WMD acts with care in the global commons because the stewardship of these areas is shared by all the nations of the world. DTRA/ SCC–WMD will take account of environmental considerations when it acts in the global commons in accordance with these procedures. (2) DTRA/SCC–WMD also acts with care within the jurisdiction of a foreign nation. Treaty obligations and the sovereignty of other nations must be respected, and restraint must be exercised in applying United States laws within foreign nations unless the Congress has expressly provided otherwise. DTRA/SCC–WMD will take account of environmental considerations in accordance with these procedures when it acts in a foreign nation. (3) Foreign policy considerations require coordination with the Department of State on communications with foreign governments concerning environmental agreements and other formal arrangements with foreign governments concerning environmental matters. Informal working-level communications and arrangements are not included in this coordination requirement. Consultation with the Department of State also is required in connection with the utilization of additional exemptions from these procedures. PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 61209 (4) Executive Order 12114, implemented by these procedures, prescribes the exclusive and complete procedural measures and other actions to be taken by DTRA/SCC–WMD to further the purpose of the National Environmental Policy Act with respect to the environment outside the United States. As such, actions with potential for significant environmental impact occurring abroad or in the global commons outside the jurisdiction of any nation (e.g., the ocean or Antarctica) are subject to the environmental analysis procedures set forth in this Guide with the exception of hosting public meetings. Project/Program Managers may choose to host public meetings in consideration of the following factors: (i) Foreign relations sensitivities. (ii) Whether the hearings would be an infringement or create the appearance of infringement on the sovereign responsibilities of another government. (iii) Requirements of domestic and foreign governmental confidentiality. (iv) Requirements of national security. (v) Whether meaningful information could be obtained through hearings; (vi) Time considerations. (vii) Requirements for commercial confidentiality. (5) Consideration will be given to whether any foreign government should be informed of the availability of environmental documents. Communications with foreign governments concerning environmental agreements and other formal arrangements with foreign governments concerning environmental matters must be coordinated by the J0XG with the Department of State through the Assistant Secretary of Defense (International Security Affairs). 9. Classified Actions (a) Classification of an action for national security does not relieve DTRA/SCC–WMD from the requirements of NEPA. DTRA/SCC– WMD will prepare, safeguard, and disseminate NEPA documents in accordance with DoD requirements for classified information. (b) Classified information in NEPA documents will be written in a separate appendix from unclassified information so that the unclassified portions of the documents can be made available to the public. (c) When classified information is an integral part of the analysis so that a meaningful unclassified NEPA analysis cannot be produced, the Project/ Program Manager in coordination with the J4E will form a team to review the classified NEPA analysis. This team will include environmental professionals and subject matter experts who will E:\FR\FM\06SEN1.SGM 06SEN1 61210 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices ensure the consideration of environmental effects is consistent with the intent of NEPA, including public participation requirements for unclassified portions. 10. Administrative Record (a) The J4E will maintain an administrative record for each environmental analysis performed and an administrative record to support these implementing procedures. (b) The administrative record for a proposed action must be retained for 7 years after completing the action, unless the action involves controversy concerning environmental effects or is of a nature that warrants keeping it longer as determined by the J4E. (c) The administrative records maintained will include, but are not limited to: (1) All supporting documentation used to generate DTRA/ SCC–WMD’s NEPA implementing procedures and CATEXs. (2) All supporting documentation and information used to make a decision for Agency actions with potential for significant environmental impact. (3) Maps and other documents relevant to developing an EA or EIS. (4) Formal communication by a consulting, coordinating, or cooperating agency. (5) Studies and inventories of affected environmental resources. (6) Correspondence with regulatory agencies, private citizens, tribes, State or local governments, and other individuals and agencies contacted during public involvement. 11. Glossary (a) Abbreviations and Acronyms mstockstill on DSK3G9T082PROD with NOTICES CATEX Categorical Exclusion CEQ Council on Environmental Quality DoD Department of Defense DTRA/SCC–WMD Defense Threat Reduction Agency and United States Strategic Command Center for Combating Weapons of Mass Destruction EA Environmental Assessment EIS Environmental Impact Statement EPA Environmental Protection Agency ESOH Environment, Safety, and Occupational Health FIRS Federal Information Relay Service FONSI Finding of No Significant Impact FR Federal Register JO Director, DTRA/SCC–WMD JOGC Office of the General Counsel JOXG Governmental and Public Affairs Office VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 J4/8 Acquisition, Finance, and Logistics Directorate J4E Environment, Safety, and Occupational Health Department JDIR Joint Director NEPA National Environmental Policy Act NOA Notice of Availability NOI Notice of Intent REC Record of Environmental Consideration ROD Record of Decision TDD telecommunication devices for the deaf (b) Definitions Unless otherwise noted, these terms and their definitions are for the purpose of this NEPA Procedures Guide. The definitions in 40 CFR parts 1500–1508 control in the event of any inconsistency or difference. CATEX. A CATEX is defined at 40 CFR 1508.4 as a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in Federal agency NEPA implementing procedures and, therefore, neither an EA nor an EIS is required. This Guide provides for extraordinary circumstances in which an action that is normally categorically excluded may have a significant effect and therefore merit further analysis in an EA or EIS. Cooperating agency. A cooperating agency, defined at 40 CFR 1508.5, is any Federal agency or State, tribal, or local governmental entity which has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposed action or a reasonable alternative. The selection and responsibilities of a cooperating agency are described at 40 CFR 1501.6. EA. An EA, defined at 40 CFR 1508.9, is a concise public document for which a Federal agency is responsible that serves to: (1) Briefly provide sufficient evidence and analysis for determining whether to prepare an EIS or a FONSI; and (2) aid an agency’s compliance with NEPA when no environmental impact is necessary. An EA includes an evaluation of whether a project’s potential environmental impacts may be significant. Includes an evaluation of the No Action Alternative and other alternatives to the proposed project, and results in either a FONSI or an NOI. EIS. An EIS, defined at 40 CFR 1508.11, is a detailed written evaluation PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 of the potential environmental impacts and socioeconomic impacts of a proposed action (project), including an evaluation of the No Action Alternative and other alternatives to the proposed project. The EIS identifies mitigation measures needed to address adverse environmental impacts. Environmental planning. The process of identifying and considering environmental factors that impact on, or are impacted by, planned DoD activities and operations. FONSI. A FONSI, defined at 40 CFR 1508.13, is a document briefly presenting the reasons why the proposed action, based on the EA findings, will not have a significant effect on the human environment and therefore an EIS is not required. Impact. Any change to the environment wholly or partially resulting from an organization’s activities, products, or services. Impact is synonymous with effect as defined at 40 CFR 1508.7 and 8. NEPA. The National Environmental Policy Act (NEPA) [42 U.S.C. 4321 et seq.] establishes national environmental policy and goals for the protection, maintenance, and enhancement of the environment and provides a process for implementing these goals within Federal agencies. NEPA also established the Council on Environmental Quality. NOA. A notice of availability is a document notifying the public and other government agencies that an EA or an EIS is available for review. NOI. A notice of intent, as defined at 40 CFR 1508.22, is a notice that an EIS will be prepared and considered. This notice includes a description of the proposed action and possible alternatives, a description of the agency’s proposed scoping process, and the name and address of an agency representative who can answer questions about the proposed action and the EIS. Proponent. The organization that exercises primary management responsibility for a proposed action or activity. REC. Document stating that the proposed action (project) does not require further NEPA documentation. Appendix A: The NEPA Process BILLING CODE 5001–06–P E:\FR\FM\06SEN1.SGM 06SEN1 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices 61211 BILLING CODE 5001–06–C Appendix B: Categorical Exclusions (CATEXS) This Appendix includes categorical exclusions (CATEXs) and extraordinary VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 circumstances for DTRA/SCC–WMD activities. Actions categorically excluded in the absence of extraordinary circumstances are: 1. Normal personnel, fiscal or budgeting, and administrative activities and decisions, including those involving military and PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 civilian personnel (for example, recruiting, processing, data collection, conducting surveys, payroll, and record keeping). 2. Preparing, revising, or adopting regulations, instructions, directives, or guidance documents, including those that implement without substantial change to the E:\FR\FM\06SEN1.SGM 06SEN1 EN06SE16.008</GPH> mstockstill on DSK3G9T082PROD with NOTICES The NEPA Process mstockstill on DSK3G9T082PROD with NOTICES 61212 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices regulations, instructions, directives, or guidance documents from higher headquarters or other Federal agencies. 3. Decreases, increases, relocation, and realignment of personnel into existing Federally-owned or commercially-leased space that does not involve a substantial change affecting the supporting infrastructure or use of space (e.g., no increase in traffic beyond the capacity of the supporting network to accommodate such an increase). 4. Routine procurement of goods and services conducted in accordance with applicable procurement regulations and green purchasing requirements including office supplies, equipment, mobile assets, and utility services for routine administration, operation, and maintenance. 5. Administrative study efforts involving no commitment of resources other than personnel and funding allocations. If any of these study efforts result in proposals for further action, those proposals must be considered separately by an appropriate CATEX or NEPA analysis. Examples include, but are not limited to: Studies and surveys conducted to further administrative, personnel-related, architectural, engineering, safety, security, siting, and facility audit activities. 6. Studies, monitoring, data and sample collection, and information gathering that involve no permanent physical change to the environment. If any of these activities result in proposals for further action, those proposals must be considered by an appropriate CATEX or NEPA analysis. Examples include, but are not limited to: Surveys for threatened and endangered species, wildlife and wildlife habitat, historic properties, and archeological sites; wetland delineations; minimal water, air, waste; material and soil sampling (e.g., grab samples). Environmental Baseline Surveys or Environmental Condition of Property Surveys. Topographical surveying and mapping that does not require cutting and/ or removal of trees. 7. Sampling, borehole drilling, well drilling and installation, analytical testing, site preparation, and minimally intrusive physical testing. These activities could involve minor clearing, grubbing, or movement of heavy equipment such as drill rigs. If any of these actions result in proposals for further actions, those proposals must be considered by an appropriate CATEX or NEPA analysis. Examples include, but are not limited to: Sampling for asbestoscontaining materials, polychlorinated biphenyls, and lead-based paint. Topographical surveys and surveys for unexploded ordnance. Minimally-intrusive (no more than 25 square feet of disturbed surface area) geological, geophysical surveys, geo-technical activities, and seismic studies. Minimally-intrusive sampling to determine if hazardous wastes, contaminants, pollutants, or special hazards are present. Ground water monitoring wells, subsurface soil sampling, and soil borings. 8. Immediate responses to the release or discharge of oil or hazardous materials in accordance with an approved Spill Prevention, Control and Countermeasure Plan or Spill Contingency Plan, or that is VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 otherwise consistent with the requirements of the EPA National Contingency Plan. 9. Temporary use of transportable power generators or operational support equipment when located in a previously disturbed area and when operated in compliance with applicable regulatory requirements. 10. Routine movement, handling, use, and distribution of materials, including hazardous materials or wastes that are moved, handled, or distributed in accordance with applicable regulations, such as Resource Conservation and Recovery Act, National Oil and Hazardous Substance Pollution Contingency Plan, Occupational Safety and Health Act, and Hazardous Materials Transportation Act. 11. Routine movement of mobile test assets (such as instrument trailers, cameras, portable antennas, etc.) for routine test and evaluation, for repair, overhaul, or maintenance where no new support facilities are required. 12. Activities and operations to be conducted in an existing non-historic structure which are within the scope of and are compatible with the present functional use of the building, will not result in a substantial increase in waste discharged to the environment, will not result in substantially different waste discharges from current or previous activities, and emissions will remain within established permit limits, if any. 13. Acquisition, installation, modification, routine repair and replacement, and operation of utility (e.g., water, sewer, and electrical) and communication systems, mobile antennas, data processing cable, and similar electronic equipment that use existing rights-of-way, easements, distribution systems, facilities, or previously disturbed land. 14. Acquisition, installation, or minor relocation, operation and maintenance or evaluation of physical security devices or controls to protect human or animal life and to enhance the physical security of existing critical assets in compliance with applicable Federal, tribal, state, and local requirements to protect the environment. Examples include, but are not limited to: Motion detection systems. Lighting. Remote video surveillance systems. Access controls. Physical barriers, fences, grating, on or adjacent to existing facilities. 15. Installation and maintenance of archaeological, historical, and endangered or threatened species avoidance markers, fencing, and signs. 16. Road or trail construction and repair on existing rights-of-ways or in previously disturbed areas which do not result in a change in functional use. Runoff, erosion, and sedimentation controlled through implementation of best management practices. 17. Routine repair and maintenance of buildings, grounds, and other facilities and equipment which do not result in a change in functional use or a significant impact on a historically significant element or setting. Examples include, but are not limited to: Repair of roofs, doors, windows, or fixtures, localized pest management, and minor erosion control measures. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 18. New construction or equipment installation or alterations (interior and exterior) to or construction of an addition to an existing structure that is similar to existing land use if the area to be disturbed has no more than five cumulative acres of new surface disturbance. 19. Demolition of non-historic buildings, structures, or other improvements and repairs that result in disposal of debris therefrom, or removal of a part thereof for disposal, in accordance with applicable regulations, including those regulations applying to removal of asbestos containing materials, polychlorinated biphenyls, leadbased paint, and other special hazard items. 20. Research, testing, and operations conducted at existing facilities (including contractor-operated laboratories and plants) and in compliance with all applicable safety, environmental, and natural conservation laws (because of these controls, these types of activities have little potential for significant environmental impacts). Examples include, but are not limited to: Nuclear weapons effects simulators, weapons performance measurement, wind tunnels, high energy lasers, remote sensing instruments, vacuum chambers, high altitude simulator facilities, and propellant testing facilities. 21. Routine installation and use of radars, cameras, communications equipment, and other essentially similar facilities and equipment within a launch facility, mobile platform, military installation, training area, or previously disturbed area that conform to current American National Standards Institute/Institute of Electrical and Electronics Engineers guidelines, Federal Communications Commission Radio Frequency Exposure Limits 1.1310, and Electric and Magnetic Fields Exposure Directive 99/519/EC for maximum permissible exposure to electromagnetic fields. 22. Routine law and order activities performed by military personnel, military police, or other security personnel, including physical plant protection and security. Extraordinary circumstances that preclude the use of a CATEX are: 1. A reasonable likelihood of significant impact on public health or safety. 2. A reasonable likelihood of significant environmental effects (direct, indirect, and cumulative). 3. A reasonable likelihood of involving effects on the environment that involve risks that are highly uncertain, unique, or are scientifically controversial. 4. A reasonable likelihood of violating any Executive Order, or Federal, state, or local law or requirements imposed for the protection of the environment. 5. A reasonable likelihood of adversely affecting ‘‘environmentally sensitive’’ resources, unless the impact has been resolved through another environmental process (e.g., Coastal Zone Management Act, National Historic Preservation Act, Clean Water Act, etc.) a CATEX cannot be used. Environmentally sensitive resources include: a. Proposed federally listed, threatened, or endangered species or their designated critical habitats. b. Properties listed or E:\FR\FM\06SEN1.SGM 06SEN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices eligible for listing on the National Register of Historic Places. c. Areas having special designation or recognition such as prime or unique agricultural lands; coastal zones; designated wilderness or wilderness study areas; wild and scenic rivers; National Historic Landmarks (designated by the Secretary of the Interior); floodplains; wetlands; sole source aquifers (potential sources of drinking water); National Wildlife Refuges; National Parks; areas of critical environmental concern; or other areas of high environmental sensitivity. d. Cultural, scientific or historic resources. 6. A reasonable likelihood of dividing or disrupting an established community or planned development, or is inconsistent with existing community goals or plans. 7. A reasonable likelihood of causing an increase in surface transportation congestion that will decrease the level of service below acceptable levels. 8. A reasonable likelihood of adversely impacting air quality or violating federal, state, local or tribal air quality standards under the Clean Air Act Amendments of 1990. 9. A reasonable likelihood of adversely impacting water quality, sole source aquifers, public water supply systems or state, local, or tribal water quality standards established under the Clean Water Act and the Safe Drinking Water Act. 10. A reasonable likelihood of effects on the quality of the environment that are highly controversial on environmental grounds. The term ‘‘controversial’’ means a substantial dispute exists as to the size, nature, or effect of the proposed action rather than to the existence of opposition to a proposed action, the effect of which is relatively undisputed. 11. A reasonable likelihood of a disproportionately high and adverse effect on low income or minority populations (see Executive Order 12898). 12. Limit access to and ceremonial use of Indian sacred sites on Federal lands by Indian religious practitioners or significantly adversely affect the physical integrity of such sacred sites (see Executive Order 13007). 13. Contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasive species known to occur in the area or actions that may promote the introduction, growth, or expansion of the range of such species (Federal Noxious Weed Control Act and Executive Order 13112). 14. A greater scope or size than is normal for this category of action. 15. A reasonable likelihood of degrading already existing poor environmental conditions. Also, initiation of a degrading influence, activity, or effect in areas not already significantly modified from their natural condition. 16. A precedent (or makes decisions in principle) for future or subsequent actions that have a reasonable likelihood of having a future significant effect. 17. Introduction or employment of unproven technology. 18. A reasonable likelihood of (i) releases of petroleum, oils, and lubricants (except from a properly functioning engine or vehicle) or reportable releases of hazardous VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 or toxic substances as specified in 40 CFR part 302, Designation, Reportable Quantities, and Notification); (ii) application of pesticides and herbicides; (iii) or where the proposed action results in the requirement to develop or amend a Spill Prevention, Control, or Countermeasures Plan. Appendix C: Record of Environmental Consideration (REC) DEFENSE THREAT REDUCTION AGENCY/ UNITED STATES STRATEGIC COMMAND CENTER FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC–WMD) RECORD OF ENVIRONMENTAL CONSIDERATION DATE OF REQUEST: lllllllllll PROJECT/PROGRAM MANAGER: lllll PHONE NUMBER: llllllllllll EMAIL: lllllllllllllllll ORGANIZATION ADDRESS: lllllllllllllllllllll lllllllllllllllllllll lllllllllllllllllllll PROJECT TITLE: llllllllllll PROPOSED PROJECT START DATE: lll END DATE: lllllllllllllll A. PURPOSE AND NEED FOR ACTION: B. PROJECT SPECIFIC DETAILS (PROPOSED LOCATION, etc.): C: LIST OF PREVIOUS NEPA DOCUMENTATION (EA/EIS) FOR THIS OR SIMILAR ACTIVITY PRINT NAME llllllllllllll SIGNED llllllllllllllll [Name of Project/Program Manager] DATE lllllllllllllllll J4E ENVIRONMENTAL REVIEW ACTION NOT SUBJECT TO NEPA REQUIREMENTS PROPOSED ACTION QUALIFIES FOR CATEGORICAL EXCLUSION (CATEX) # llll PROPOSED ACTION DOES NOT INVOLVE EXTRAORDINARY CIRCUMSTANCES THAT MERIT REVIEW IN AN EA OR EIS (IDENTIFY ANY ENVIRONMENTAL PROCESS THAT HAS RESOLVED AN IMPACT ARISING FROM AN EXTRAORDINARY CIRCUMSTANCE) lllllllllllll PROPOSED ACTION IS COVERED UNDER EXISTING ENVIRONMENTAL DOCUMENTATION (SPECIFY DOCUMENT AND SECTIONS) lllllllllllllll FURTHER ANALYSIS IS REQUIRED lll REMARKS: lllllllllllllll PRINT NAME llllllllllllll SIGNED llllllllllllllll DATE lllllllllllllllll Director, Environment, Safety, and Occupational Health Department DTRA/SCC–WMD 8725 John J. Kingman Rd. Ft. Belvoir, VA 22060 Appendix D: Notice of Intent (NOI) DEFENSE THREAT REDUCTION AGENCY/ UNITED STATES STRATEGIC COMMAND CENTER FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC–WMD) [Name of Office; Location; Short Title or Subject of the Notice] ACTION: Notice of intent to prepare an environmental impact statement. SUMMARY: [Briefly describe the nature and scope of the proposed action. Do not put PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 61213 legal citations or background information in the SUMMARY section; these belong in the SUPPLEMENTARY INFORMATION section.] DATES: Comments concerning the scope of the analysis must be received by [insert date 30 days from date of publication in the Federal Register]. The draft environmental impact statement is expected [insert estimated month and year] and the final environmental impact statement is expected [insert estimated month and year.] ADDRESSES: Send written comments to [insert address]. Comments may also be sent via email to [insert email address], or via facsimile to [insert fax number]. [In this section, you also may put additional addresses, locations of meetings, etc. Do not put more than four addresses in this section. If there are more than four pertinent addresses, create a heading for them under the SUPPLEMENTARY INFORMATION section of the notice.] It is important that reviewers provide their comments at such times and in such a way that they are useful to the Agency’s preparation of the EIS. Therefore, comments should be provided prior to the close of the comment period and should clearly articulate the reviewer’s concerns and contentions. Comments received in response to this solicitation, including names and addresses of those who comment, will be part of the public record for this proposed action. Comments submitted anonymously will be accepted and considered. FOR FURTHER INFORMATION CONTACT: [insert name(s) and contact information you wish to use, such as telephone number and email address]. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and 8 p.m. Eastern Time, Monday through Friday. SUPPLEMENTARY INFORMATION: Purpose and Need for Action [Describe why DTRA/SCC–WMD is proposing the action: Why here? Why now?] Proposed Action [Describe the proposed action. Consider who, what, how, where, and when.] Possible Alternatives [Include only if any have been identified (delete heading if not used or request input on any alternatives considered reasonable— including technically and economically feasible—that will meet the purpose and need).] Lead and Cooperating Agencies [Include only if there are other agencies to list as joint lead agencies and/or cooperating agencies (delete heading if not used).] Responsible Official [Provide the title and address of the official(s) responsible for the proposed action. Use of the responsible official’s name is optional.] Nature of Decision To Be Made [Describe the framework or scope of the decision(s) to be made by the responsible official(s).] E:\FR\FM\06SEN1.SGM 06SEN1 61214 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices Preliminary Issues [Include only if any have been identified (delete heading if not used). To the extent practicable, resolve internal issues before proposing the action.] Permits or Licenses Required [Include only if any have been identified (delete heading if not used).] Addresses [Include only if all addresses could not be included in the SUMMARY (delete heading if not used).] Scoping Process This notice of intent initiates the scoping process, which guides the development of the environmental impact statement. [Describe any other public comment opportunities, including whether, when, and where any scoping meetings will be held. Describe any additional information related to the scoping process and nature of comments being sought.] lllllllllllllllllllll [Name] lllllllllllllllllllll Date Chief, Governmental and Public Affairs Office DTRA/SCC–WMD mstockstill on DSK3G9T082PROD with NOTICES Appendix E: Notice of Availability (NOA) 17:04 Sep 02, 2016 Jkt 238001 Appendix F: Record of Decision (ROD) RECORD OF DECISION [Project Name] DEFENSE THREAT REDUCTION AGENCY/ UNITED STATES STRATEGIC COMMAND CENTER FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC–WMD) [Project Location] [County, State] Decision Based on my review of the Environmental Impact Statement (EIS), I have decided to implement Alternative [X], which [insert description of selected alternative. Include any permits, licenses, grants, or authorizations needed to implement the decision. Also include any mitigation and monitoring actions related to the decision.] Background [Provide a brief description of the purpose and need for action.] Decision Rationale DEFENSE THREAT REDUCTION AGENCY/ UNITED STATES STRATEGIC COMMAND CENTER FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC–WMD) AGENCY: [Office name], DTRA/SCC–WMD, Department of Defense ACTION: Notice of Availability of the [Draft EA, Final EA and FONSI, Draft EIS, Final EIS, or ROD] SUMMARY: DTRA/SCC–WMD announces the availability of the [insert type of NEPA document] for a proposed project in [insert location]. DATES: [As applicable, list dates of public scoping meetings, deadlines for comments, etc.] ADDRESSES: [As applicable, list addresses for public scoping meetings, availability of the document, etc.] The [insert Draft EIS, Final EIS, ROD as appropriate] is also available at [insert project Web site.] FOR FURTHER INFORMATION CONTACT: [insert name(s) and contact information you wish to use, such as telephone number and email address.] SUPPLEMENTARY INFORMATION: Effective [Date], the DTRA/SCC–WMD assumed environmental responsibilities for this project. DTRA/SCC–WMD as the agency responsible for the National Environmental Policy Act (NEPA) review has, in cooperation with [insert cooperating agencies], prepared a [insert type of NEPA document] on a proposal for [insert brief description of action] in [location]. [Provide additional details regarding the proposed action, description of the proposed alternatives, length of project, and any anticipated federal approvals, such as permits]. Issued on: [Date signed] VerDate Sep<11>2014 lllllllllllllllllllll [Name] Chief, Governmental and Public Affairs Office DTRA/SCC–WMD [Describe the reasons for the decision. Specifically, discuss the following: How the selected action/alternative best meets the purpose and need and why other alternatives were not selected. How significant issues and environmental impacts were considered and taken into account. Any factors other than environmental effects considered in making the decision. Discuss how the above factors influenced the decision (are some more important than others?) State whether all practical means to avoid or minimize environmental harm from the selected alternative have been adopted and if not, why not.] The [Project Name] EIS documents the analysis and conclusions upon which this decision is based. Public Involvement A notice of intent to prepare an EIS was published in the Federal Register on [date] ([Cite Federal Register volume and beginning page number (i.e. 73 FR 43084]). People were invited to review and comment on the proposal through [insert public notice methods and dates such as mailings, news releases, phone calls, etc.]. The EIS lists agencies, organizations, and people who received copies on page [X]. The following issues were identified from scoping comments and were used to determine the scope of the analysis. [Briefly describe the significant issues used in the analysis]. A full description of issues significant to the proposed action appears in the EIS on page [X]. A draft EIS was published for review and comment on [date of publication of EPA’s notice of availability in the Federal Register]. PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 Alternatives Considered In addition to the selected alternative, I considered [X] other alternatives, which are discussed below. A more detailed comparison of these alternatives can be found in the EIS on pages [X–X]. Alternative 1—[insert a brief description of the alternative; identify which is considered to be environmentally-preferable.] Alternative 2—[insert a brief description of the alternative] [Repeat for each alternative.] Mitigation [State (a) which mitigation measures have been adopted; (b) whether all practicable means to avoid or minimize have been adopted, and if not why they were not; and (c) whether monitoring and enforcement programs are adopted, and if so summarize them.] Implementation Date [Describe the expected date(s) of implementation]. Contact For additional information concerning this decision, contact: [contact name, title, office, mailing address, phone number, and email] Concurrence: lllllllllllllllllllll [Name] Project/Program Manager lllllllllllllllllllll Date lllllllllllllllllllll Director, J4E lllllllllllllllllllll Date Approval: lllllllllllllllllllll Director, DTRA/SCC–WMD lllllllllllllllllllll Date [FR Doc. 2016–21294 Filed 9–2–16; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF EDUCATION [Docket No.: ED–2016–ICCD–0096] Agency Information Collection Activities; Comment Request; Student Assistance General Provisions— Subpart K—Cash Management Federal Student Aid (FSA), Department of Education (ED). ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing a revision of an existing information collection. DATES: Interested persons are invited to submit comments on or before November 7, 2016. ADDRESSES: To access and review all the documents related to the information collection listed in this notice, please SUMMARY: E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Notices]
[Pages 61200-61214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21294]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2016-OS-0056]


National Environmental Policy Act Implementing Procedures

AGENCY: Defense Threat Reduction Agency/USSTRATCOM Center for Combating 
Weapons of Mass Destruction, Department of Defense.

ACTION: Final guidance.

-----------------------------------------------------------------------

SUMMARY: The Defense Threat Reduction Agency/USSTRATCOM Center for 
Combating Weapons of Mass Destruction (DTRA/SCC-WMD or the Agency) is 
issuing procedures to implement the National Environmental Policy Act 
(NEPA), Executive Order (E.O.) 11514, and Council on Environmental 
Quality (CEQ) regulations for implementing the procedural provisions of 
NEPA.

DATES: This final guidance is effective on September 6, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Sherry Davis, Director, 
Environment, Safety, and Occupational Health Department, at (703) 767-
7122 or by email at sherry.j.davis3.civ@mail.mil.

SUPPLEMENTARY INFORMATION: On Thursday, May 5, 2016 (81 FR 27107-
27122), the Department of Defense published proposed guidance titled 
``National Environmental Policy Act Implementing Procedures'' for a 30-
day public comment period. The public-comment period ended on June 6, 
2016. No public comments were received.
    Further administrative edits were made to the final guidance. 
References to ``J4/8C'' were changed to ``J4/8'', and references to the 
Environment, Safety, and Occupational Health (ESOH) Team Web site were 
removed throughout the final guidance.
    DTRA/SCC-WMD is a combat support agency that counters weapons of 
mass destruction (WMD). DTRA/SCC-WMD keeps WMD out of the hands of 
terrorists and other enemies by locking down, monitoring, and 
destroying weapons and weapons-related material, assists with plans and 
responses to WMD events, and develops and delivers cutting-edge 
technologies to assist with these endeavors.
    As a Department of Defense (DoD) agency, the DTRA/SCC-WMD does not 
own real property. Most agency actions typically occur on host military 
service installations or ranges, or other Federal agency properties. 
DTRA/SCC-WMD formerly relied upon host installation NEPA implementing 
procedures, including categorical exclusions to address potential 
environmental impacts of agency actions. With the issuance of CEQ 
guidance ``Establishing, Applying, and Revising Categorical Exclusions 
under the National Environmental Policy Act'' (Nov. 23, 2010) and after 
consulting with CEQ and other similar DoD components, DTRA/SCC-WMD 
determined the need to establish NEPA implementing procedures and 
categorical exclusions specific to DTRA/SCC-WMD projects and actions. 
The information assembled while developing categorical exclusions is 
described in the ``DTRA/SCC-WMD Administrative Record for Supporting 
Categorical Exclusions'' and is available on the DTRA/SCC-WMD Web site 
at: http://www.dtra.mil/Home/NEPA.aspx.
    The categorical exclusions describe the categories of actions that 
DTRA/SCC-WMD determined to normally not individually or cumulatively 
have significant impact on the environment. These and the other 
implementing procedures will serve as the agency's guide for complying 
with the requirements of NEPA for DTRA/SCC-WMD actions.
    The text of the complete DTRA/SCC-WMD NEPA implementing procedures 
can be found on the DTRA/SCC-WMD Web site at: http://www.dtra.mil/Home/NEPA.aspx and in this document.

    Dated: August 31, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Table of Contents

1. Purpose
2. Applicability
3. Policy
4. Responsibilities
5. Environmental Planning & Analysis
    (a) Record of Environmental Review
    (b) Categorical Exclusion (CATEX)
    (c) Environmental Assessment (EA)
    (d) Finding of No Significant Impact (FONSI)
    (e) Environmental Impact Statement (EIS)
    (f) Record of Decision (ROD)
6. Mitigation and Monitoring
7. Subsequent Analyses
    (a) Tiering and Programmatic Review
    (b) Supplemental EAs/EISs
    (c) Adoption of EAs/EISs
8. Actions on Host Installations/Actions

[[Page 61201]]

Abroad
    (a) Actions on Host Installations
    (b) Actions Occurring Abroad
9. Classified Actions
10. Administrative Record
11. Glossary
    (a) Abbreviations and Acronyms
    (b) Definitions
Appendix A: The NEPA Process
Appendix B: Categorical Exclusions (CATEXs)
Appendix C: Record of Environmental Consideration (REC)
Appendix D: Notice of Intent (NOI)
Appendix E: Notice of Availability (NOA)
Appendix F: Record of Decision (ROD)

Defense Threat Reduction Agency/USSTRATCOM Center for Combating Weapons 
of Mass Destruction NEPA Implementing Procedures

1. Purpose

    Pursuant to DTRA/SCC-WMD Instruction 4715.5, ``Environmental 
Compliance'' (Aug. 22, 2014), this guide identifies requirements and 
provides procedures for implementing the provisions of the National 
Environmental Policy Act (NEPA) in accordance with Council on 
Environmental Quality Regulations for Implementing the Procedural 
Provisions of the National Environmental Policy Act, 40 CFR parts 1500-
1508, and E.O. 12114, ``Environmental Effects Abroad of Major Federal 
Actions'' (Jan. 4, 1979). It supplements 40 CFR parts 1500-1508 and 
E.O. 12114 by establishing policy, responsibilities, and procedures for 
fully considering environmental consequences of proposed actions, 
preparing necessary documentation for actions with the potential for 
significant environmental impact, and demonstrating transparency in 
decision-making.
    DTRA/SCC-WMD does not own real property or undertake projects or 
programs where actions are planned or funded by private applicants or 
other non-Federal entities. Therefore, this guide does not include 
provisions to account for such actions.

2. Applicability

    The requirements and procedures of this guide apply to all entities 
of DTRA/SCC-WMD and its executing agents.

3. Policy

    It is DTRA/SCC-WMD policy to:
    (a) Integrate environmental consideration into all Agency/Center 
activities at the earliest possible planning stage, make decisions 
considering environmental consequences, assess a range of reasonable 
alternative actions, and take actions that protect, restore, and 
enhance the environment.
    (b) Prepare all necessary documentation required under NEPA and 40 
CFR parts 1500-1508 whenever acting as the proponent or lead agency for 
a proposed action that has the potential for significant environmental 
impact.
    (c) Serve as a cooperating agency for activities in which DTRA/SCC-
WMD participates but is not the proponent or lead agency and provide 
full cooperation and necessary technical expertise and documentation to 
the lead agency as requested.
    (d) Use programmatic and tiered analyses, when possible, to 
eliminate redundancies in future project/program analyses, effectively 
evaluate cumulative environmental effects, and reduce mission delays.
    (e) Periodically (at least every 7 years) review the effectiveness 
of its NEPA procedures including responsibilities, implementing 
procedures, and categorical exclusions (CATEXs), and when new 
information or circumstances warrant, review the currency of existing 
Programmatic Environmental Impact Statements (EISs) and Programmatic 
Environmental Assessments (EAs).
    (f) Involve the public in preparing and executing its NEPA 
procedures, and publish NEPA implementing procedures, CATEXs, and other 
relevant NEPA documentation as appropriate on the DTRA/SCC-WMD public 
Web site.
    (g) Prepare NEPA documentation and procedures that are written in 
plain language so that decision-makers and the public can readily 
understand them.
    (h) To the fullest extent possible, integrate NEPA requirements 
with other environmental review and consultation requirements 
including, but not limited to, Clean Water Act, Clean Air Act, 
Endangered Species Act, National Historic Preservation Act, Resource 
Conservation and Recovery Act, and Comprehensive Environmental 
Response, Compensation, and Liability Act.
    (i) Eliminate duplication with State and local procedures by 
providing for, as appropriate, joint planning processes and, where 
appropriate, joint preparation of NEPA reviews (analyses and 
documentation).
    (j) Eliminate duplication with other Federal procedures by jointly 
preparing NEPA reviews, or adopting other agencies' EAs and EISs, or 
incorporating by reference material into an EA or EIS where 
appropriate.
    (k) Comply with host installation NEPA requirements in addition to 
the requirements set forth in this guide. Equivalent host installation 
documentation may be used to satisfy DTRA/SCC-WMD documentation 
requirements.

4. Responsibilities

(a) Director, DTRA/SCC-WMD (J0)

    The J0 has final approval and signature authority of EIS Records of 
Decision (RODs) generated by DTRA/SCC-WMD or its contractors. This 
authority may be delegated as deemed appropriate by the J0.

(b) Joint Director (JDIR), Acquisition, Finance, and Logistics (J4/8)

    The JDIR, J4/8 monitors the effective implementation of these 
procedures through the Director, Environment, Safety, and Occupational 
Health (ESOH) Department (J4E) and hereby appoints the Director, J4E as 
the principal Agency/Center advisor on NEPA-related requirements.

(c) Director, J4E

    The Director, J4E as the principal Agency advisor on NEPA-related 
requirements:
    (1) Provides guidance to Project/Program Managers as necessary on 
the requirements in this guide and maintains direct oversight of the 
NEPA process.
    (2) Reviews project proposals to determine NEPA applicability and 
requirements, and provides qualified personnel to support Project/
Program Managers with NEPA compliance.
    (3) Performs environmental compliance reviews of EISs/RODs, EAs/
Findings of No Significant Impact (FONSIs), and Records of 
Environmental Consideration (RECs) generated by DTRA/SCC-WMD or its 
contractors and provides initial approval by signature as the 
compliance authority.
    (4) When DTRA/SCC-WMD serves as a cooperating agency for activities 
in which it participates but is not the proponent or lead, reviews and 
approves NEPA documents as requested by the lead agency.
    (5) Maintains an organized administrative record of all NEPA 
documents generated by DTRA/SCC-WMD or its contractors, including 
documentation supporting Agency/Center CATEXs.
    (6) Represents DTRA/SCC-WMD in NEPA-related matters with external 
organizations.
    (7) Ensures required NEPA mitigation measures are documented in the 
administrative record, performed, and monitored.

[[Page 61202]]

(d) Office of the General Counsel (J0GC)

    The J0GC provides a legal review of EISs, RODs, EAs, and FONSIs 
generated by DTRA/SCC-WMD or its contractors.

(e) Governmental and Public Affairs Office (J0XG)

    The J0XG:
    (1) Assists Project/Program Managers with engaging the public for 
scoping meetings, accepting comments, providing adjudications, outreach 
efforts, and other related interactions.
    (2) Coordinates the public release of DTRA/SCC-WMD NEPA 
documentation using various mediums including local newspapers, DTRA/
SCC-WMD's public Web sites, and the Federal Register (FR).
    (3) Approves, signs, and publishes Notices of Intent (NOI) and 
Notices of Availability (NOA).

(f) Directorate JDIRs/Staff Office Chiefs/SCC-WMD Divisions

    The Directorate JDIRS/Staff Office Chiefs/SCC-WMD Divisions:
    (1) Integrate environmental considerations early in the planning 
stages of all Directorate/Staff Office/SCC-WMD Division activities with 
adequate time to ensure NEPA requirements can be met.
    (2) Provide project proposals to the Director, J4E for any planned 
DTRA/SCC-WMD activity with potential for environmental impact.
    (3) Provide necessary funding to satisfy NEPA requirements for 
Directorate/Staff Office/SCC-WMD Division activities subject to 
compliance.

5. Environmental Planning & Analysis

(a) Record of Environmental Review

    (1) A flowchart outlining the general NEPA process can be found in 
Appendix A.
    (2) As early in the planning process as possible, the Project/
Program Manager of a proposed action must provide to the J4E a project 
proposal by completing the top section of a REC (found in Appendix C) 
with information regarding the scope of the activity.
    (3) A REC is used to document the environmental analysis for an 
activity. The REC could indicate that a CATEX applies and there are no 
extraordinary circumstances requiring further analysis; that the 
activity is covered under a previous analysis (EA/EIS) and further 
analysis is not required, or that additional analysis is needed (EA/
EIS).
    (4) Based on conclusions of the initial environmental analysis, 
additional analysis may be required. Project/Program Managers must also 
comply with other applicable statutory or regulatory requirements set 
out in DTRA/SCC-WMD Instruction 4715.5, including but not limited to 
environmental permits, consultations, and approvals such as those 
required for actions affecting federally-listed threatened or 
endangered species or their designated critical habitat, historic and 
cultural preservation, safe drinking water requirements, as well as 
other applicable state, DoD, or local regulatory requirements.

(b) Categorical Exclusion (CATEX)

    (1) A CATEX is a category of Agency/Center actions which have been 
determined to normally not individually or cumulatively have 
significant impact on the environment and therefore neither an EA nor 
EIS is required. Project/Program Managers may use a CATEX for a 
proposed action with approval from the J4E when there are no 
extraordinary circumstances that warrant further analysis in an EA or 
EIS. (i) A list of approved CATEXs can be found in Appendix B. DTRA/
SCC-WMD must not use a CATEX that is not listed in the appendix. 
Proposals for additional CATEXs must be submitted to and approved by 
the J4E and CEQ, be reviewed through a public comment period, and be 
supported by appropriate substantiating documentation such as an EA/
FONSI, impact demonstration projects, or information from professional 
staff, expert opinions, and scientific analyses. (ii) Extraordinary 
circumstances are also listed in Appendix B following the list of 
CATEXs.
    (2) If a CATEX applies, the J4E will document use of the specific 
CATEX on the REC, and the action may proceed. The REC should document 
any determination and conclusion where the issue of whether an 
extraordinary circumstance requires further review has been resolved. 
This determination can be made using current information and expertise, 
if available and adequate, or can be derived through conversation, as 
long as the basis for the determination is included in the REC. Copies 
of appropriate interagency correspondence can be attached to the REC. 
Example conclusions regarding screening criteria are as follows: (i) 
``U.S. Fish and Wildlife Service concurred in informal coordination 
that endangered or threatened species will not be adversely affected.'' 
(ii) ``Corps of Engineers determined action is covered by nationwide 
general permit.'' (iii) ``State Historic Preservation Officer concurred 
with action.'' (iv) ``State Department of Natural Resources concurred 
that no adverse effects to state sensitive species are expected.''
    (3) If a CATEX does not apply, either by not including the proposed 
action or due to extraordinary circumstances, and the action is not 
covered under an existing document, then an EA or EIS must be prepared 
unless the proposed action is not further considered.
    (4) To use a CATEX, the proponent must satisfy the following three 
screening conditions: (i) The action has not been segmented. Determine 
that the proposed action has not been segmented to meet the definition 
of a CATEX and fits within the category of actions described in the 
CATEX. Segmentation can occur when an action is broken down into small 
parts in order to avoid the appearance of significance of the total 
action. An action can be too narrowly defined, minimizing potential 
impacts in an effort to avoid a higher level of NEPA documentation. The 
scope of an action must include the consideration of connected actions, 
and the effects when applying extraordinary circumstances must consider 
cumulative impacts. (ii) No exceptional circumstances exist. Determine 
if the action involves extraordinary circumstances that would preclude 
the use of a CATEX (see Appendix B). (iii) One CATEX encompasses the 
proposed action. Identify a CATEX that encompasses the proposed action 
(see Appendix B). If multiple CATEXs could be applicable, proceed when 
it is clear that the entire proposed action is covered by one CATEX. 
Any limitation in any potentially applicable CATEX should be considered 
when determining whether it is appropriate to proceed without further 
analysis in an EA or EIS.

(c) Environmental Assessment (EA)

    (1) An EA is a concise public document used to provide sufficient 
evidence and analysis for determining whether to prepare an EIS or 
FONSI or to comply with NEPA when an EIS is not necessary.
    (2) The EA must include, at a minimum, the following: (i) Cover 
page, which identifies the proposed action and the geographic location. 
(ii) Purpose and need for the proposed action or activity. (iii) 
Description of the proposed action with sufficient detail in terms that 
are understandable to readers that are not familiar with DTRA/SCC-WMD 
activities. (iv) Discussion of alternative actions considered, 
including the preferred action and a ``no action'' alternative. There 
is no requirement for a specific number of alternatives or a specific 
range of alternatives to be included in an EA. An EA may limit the 
range of alternatives

[[Page 61203]]

to the proposed action and no action when there are no unresolved 
conflicts concerning alternative uses of available resources. For 
alternatives considered but eliminated from further study, the EA 
should briefly explain why these were eliminated. (v) Description of 
the affected environment. (vi) Analysis of the potential environmental 
impacts of the proposed action and alternatives. The EA must discuss, 
in comparative form, the reasonably foreseeable environmental impacts 
of the proposed action, the no action alternative, and any other 
reasonable alternatives necessary to address unresolved conflicts 
concerning the alternative use of resources. The discussion of 
environmental impacts must focus on substantive issues and provide 
sufficient evidence and analysis to support a FONSI unless a 
determination to prepare an EIS is made. (vii) Identification of any 
permits, licenses, approvals, reviews, or applicable special purpose 
laws. Although the NEPA process does not preclude separate compliance 
with these other requirements, DTRA/SCC-WMD will integrate applicable 
environmental review, consultation, and public involvement requirements 
under special purpose laws and requirements into its NEPA planning and 
documentation to reduce paperwork and delay. (viii) List of preparers, 
agencies, and persons consulted. (ix) Signature of the preparer(s) and 
the Director, J4E. (x) References and appendices. The appendices may 
include: (A) References that support statements and conclusions in the 
body of the EA, including methodologies used. Proper citations and, 
when available, hyperlinks to reference materials should be provided; 
(B) Evidence of coordination or required consultation with affected 
Federal, state, tribal, and local officials and copies or a summary of 
their comments or recommendations and the responses to such comments 
and recommendations; and (C) A summary of public involvement, including 
a summary of issues raised at any public hearing or public meeting.
    (3) The analysis of potential environmental impacts (item 
(c)(2)(vi) above) will include an assessment of the direct, indirect, 
and cumulative impacts that can reasonably be expected from taking the 
proposed action or alternatives, and the analysis should address 
substantive comments raised by interested Federal agencies, non-Federal 
agencies, and private parties. (i) When direct or indirect impacts 
exist, the EA must consider cumulative impacts. Cumulative impacts are 
impacts on the environment resulting from the incremental impact of the 
action when added to other past, present, and reasonably foreseeable 
future actions. (ii) Actions by Federal agencies, non-Federal agencies, 
and private parties must be included when considering cumulative 
impacts.
    (4) DTRA/SCC-WMD must coordinate, as appropriate, preparation of 
the EA with other agencies (Federal, state, local, or tribal 
governments) when the action involves resources they manage or protect, 
and will invite agencies with jurisdiction by law or with special 
expertise to participate as cooperating agencies. (i) Agencies with 
jurisdiction by law are those with the authority to grant permits for 
implementing actions, approve or veto portions of the proposed action, 
or finance a portion of the proposed action. Federal agencies with 
jurisdiction by law must be a cooperating agency. Non-federal agencies 
may be invited. (ii) Agencies with special expertise are those that 
have the expertise needed to help meet a statutory responsibility, to 
carry out in part the DTRA/SCC-WMD mission, or in the proposed actions' 
relationship to the objectives of regional, state, or local land use 
plans, policies, and controls. Federal and non-federal agencies may be 
invited.
    (5) DTRA/SCC-WMD must involve the public, to the extent 
practicable, in preparing EAs. (i) The appropriate level of involvement 
will vary based on the proposed action. A public scoping meeting, as 
described in 40 CFR 1501.7, is not required for an EA but is optional. 
Scoping can be particularly useful when an EA deals with uncertainty or 
controversy regarding potential conflicts over the use of resources or 
the environmental impacts of the proposed actions. The scoping process 
can provide a transparent way to identify environmental issues, 
focusing the analysis on the most pertinent issues and impacts. (ii) A 
draft EA should be circulated for 30 days of public comment and, if 
applicable, with the unsigned proposed FONSI, per paragraph (d)(7) of 
the FONSI provisions below. The length of comment period may be 
adjusted based on mission requirements.
    (6) DTRA/SCC-WMD will use the conclusions of an EA to determine 
whether to issue a FONSI or an NOI to prepare an EIS (found in Appendix 
D).

(d) Finding of No Significant Impact (FONSI)

    (1) A FONSI is a document that briefly presents the reasons why a 
proposed action will not have a significant effect on the human 
environment and for which an EIS therefore will not be prepared. It 
must include the EA or a summary of it and note any other environmental 
documents related to it.
    (2) Mitigated FONSIs are appropriate where the J4E and Project/
Program Manager, or other decision-maker for the project/program 
determine that mitigation measures can reduce potentially significant 
adverse impacts below the level of significance. These mitigation 
measures may be used to support a FONSI, provided that: (i) The 
relevant areas of environmental concern are identified in the EA; (ii) 
The EA supports the Agency's determination that the potential impacts, 
including the impacts of any mitigation commitments, will be 
insignificant; and (iii) The Agency has identified mitigation measures 
that will be sufficient to reduce potential impacts below applicable 
significance thresholds and has ensured commitments to implement these 
measures.
    (3) Mitigation that is used to support a mitigated FONSI must be 
included as a condition of project approval. In these cases, if DTRA/
SCC-WMD's decision to act is not otherwise evidenced by a final 
decision document such as a rule, license, or approval, the J4E and the 
Project Manager or other decision-maker for the project/program must 
document the decision in the conclusion of the FONSI. The decision must 
identify those mitigation measures DTRA/SCC-WMD is adopting and 
identify any monitoring and enforcement program applicable to such 
measures (see Section 6: Mitigation and Monitoring).
    (4) A FONSI or Mitigated FONSI must document, in plain writing, the 
reasons why an action, not otherwise categorically excluded, would not 
have a significant impact on the human environment. The FONSI documents 
the basis for the determination that the proposed action would not have 
significant environmental impacts and the decision to implement the 
proposed action. The FONSI may be attached to an EA, or the EA and 
FONSI may be combined into a single document. If the FONSI is attached 
or combined with the EA, it need not repeat the discussion in the EA. 
If the FONSI is not attached or combined with the EA, the FONSI must 
include a summary of the EA and note any other environmental documents 
related to it. The FONSI must: (i) Briefly describe the proposed 
action, the purpose and need, and the alternatives considered 
(including the no action alternative), and assess and document all 
relevant matters necessary to support the conclusion that the proposed 
action would not significantly affect the

[[Page 61204]]

quality of the human environment; (ii) Determine the proposed action's 
consistency or inconsistency with community planning, and document the 
basis for the determination; (iii) Present any mitigation measures that 
are a condition of project approval. The FONSI should also reflect 
coordination of mitigation commitments (including any applicable 
monitoring program) with, and consent and commitment from, those 
entities with the authority to implement specific mitigation measures 
committed to in the FONSI; and (iv) Reflect compliance with all 
applicable environmental requirements, including interagency and 
intergovernmental coordination and consultation, public involvement, 
and documentation requirements. Findings and determinations required 
under special purpose laws and requirements, regulations, and orders, 
if not made in the EA, must be included in the FONSI. (v) If the FONSI 
is prepared following adoption of all or part of another agency's NEPA 
document, the FONSI must identify the part(s) of the document being 
adopted and include documentation of DTRA/SCC-WMD's independent 
evaluation of the document.
    (5) All FONSIs must include the following approval statement: After 
careful and thorough consideration of the facts contained herein, the 
undersigned finds that the proposed Federal action is consistent with 
existing national environmental policies and objectives as set forth in 
Section 101 of NEPA and other applicable environmental requirements and 
will not significantly affect the quality of the human environment.

APPROVED:--------------------------------------------------------------

DATE:------------------------------------------------------------------

    (6) Following preparation of the FONSI, the Project/Program Manager 
reviews and signs the FONSI. Issuance of a FONSI signifies that DTRA/
SCC-WMD will not prepare an EIS and has completed the NEPA process for 
the proposed action. Following the approval of a FONSI, the Project/
Program Manager may decide whether to take or approve the proposed 
action. Mitigation measures that were made as a condition of approval 
of the FONSI must be incorporated in the decision to implement the 
action.
    (7) The J0XG in coordination with the Project/Program Manager will 
publish an NOA (found in Appendix E) with local media to open a 30-day 
public comment period for the final draft EA and unsigned proposed 
FONSI. For actions with national interest, J0XG shall also publish the 
NOA in the FR. The length of comment period may be adjusted based on 
mission requirements.
    (8) After closure of the public comment period, the Project/Program 
Manager in coordination with the J4E will adjudicate the comments 
received and update the EA as necessary. The Project/Program Manager in 
coordination with the J4E will decide to prepare an EIS, or terminate 
the proposed action.
    (9) Upon completing the adjudication, the final FONSI will be 
signed by the J4E and Project/Program Manager or other decision-maker 
for the project/program, and the action may proceed.
    (10) The J0XG will make the final EA and signed FONSI available to 
the public and post on DTRA/SCC-WMD's public Web site. (i) A copy of 
the FONSI and EA should be sent to reviewing agencies and organizations 
or individuals who made substantive comments or specifically requested 
copies. (ii) When a project involves a resource protected under a 
special purpose law or requirement, or other directive, the J0XG will 
send a signed copy of the FONSI and the EA supporting it to the 
agency(ies) with whom DTRA/SCC-WMD consulted to comply with the 
applicable law or directive and to any party requesting copies of those 
documents.

(e) Environmental Impact Statement (EIS)

    (1) When a proposed action has the potential for significant 
environmental impact or when an EA does not result in a FONSI, an EIS 
will be prepared to examine the potential impacts of the proposed 
action, reasonable alternatives, and measures to mitigate those 
effects.
    (2) Prior to preparing an EIS, the Project/Program Manager in 
coordination with J0XG will publish an NOI (Appendix D) in the FR to 
initiate preparation of the EIS. (i) The NOI includes an overview of 
the proposed action, any reasonable alternatives being considered 
(including no action), and known potential environmental impacts 
associated with the action. If the NOI is also used to satisfy public 
notice and comment requirements of other environmental requirements in 
addition to NEPA that are applicable to the proposed action, the NOI 
should include a statement to that effect with a reference to the 
applicable laws, regulations, or Executive Orders. (ii) The NOI will 
also identify a DTRA/SCC-WMD point of contact who can provide 
additional information about the action and to whom comments should be 
sent. (iii) There will be a public scoping period of 30 days from the 
date of publication of the NOI in the FR to allow other interested 
agencies and the public to provide input and comments. If a scoping 
meeting is planned and sufficient information is available at the time 
of the NOI, the NOI should also announce the meeting, including the 
meeting time and location, and other appropriate information such as 
availability of a scoping document.
    (3) The Project/Program Manager must host a public EIS scoping 
meeting to identify the range of actions, alternatives, and impacts to 
consider for analysis. Scoping is a required part of the EIS process. 
Scoping is an early and open process for determining the scope of 
issues to be addressed in the EIS and identifying the significant 
issues related to a proposed action. The Project/Program Manager shall 
tailor the scoping processes to match the complexity of the proposal. 
(i) DTRA/SCC-WMD representatives must include at a minimum the Project/
Program Manager, the J4E, and program subject matter experts. The 
Project/Program Manager will also invite interested members of the 
public and representatives from cooperating organizations, and may 
include other participants as necessary. (ii) Scoping serves additional 
purposes such as identifying those issues that do not require detailed 
analysis or that have been covered by prior environmental review, 
setting the temporal and geographic boundaries of the EIS, determining 
reasonable alternatives, and identifying available technical 
information. (iii) The Project/Program Manager with assistance from the 
J4E must take the lead in the scoping process, inviting the 
participation of potentially affected Federal, state, and local 
agencies, any potentially affected tribes, and other interested persons 
(including those who might oppose the proposed action).
    (4) An EIS must include the following components presented in the 
standard EIS format in accordance with 40 CFR parts 1500-1508: (i) A 
cover page that includes: (A) A list of the responsible lead and 
cooperating agencies (identifying the lead agency); (B) The title of 
the proposed action together with the state(s) and county(ies) where 
the action is located; (C) The name, address, and telephone number of 
the responsible DTRA/SCC-WMD official; (D) The designation of the 
statement as draft, final, or supplement; (E) A one paragraph abstract 
of the EIS; and (F) For draft EISs, a statement that this EIS is 
submitted for review pursuant to applicable public law requirements. 
(ii)

[[Page 61205]]

An executive summary that adequately and accurately summarizes the EIS. 
The summary describes the proposed action, stresses the major 
conclusions, areas of controversy (including issues raised by agencies 
and the public), and the issues to be resolved (including the choice 
among alternatives). It also discusses major environmental 
considerations and how these have been addressed, summarizes the 
analysis of alternatives, and identifies the agency preferred 
alternative. It discusses mitigation measures and any monitoring. (iii) 
A table of contents that lists the chapters and exhibits (including 
figures, maps, and tables) presented throughout the EIS. It will also 
list any appendices, acronym list, glossary, references, and index. 
(iv) A Purpose and Need section that briefly describes the underlying 
purpose and need for the Federal action. It presents the problem being 
addressed and describes what DTRA/SCC-WMD is trying to achieve with the 
proposed action. It provides the parameters for defining a reasonable 
range of alternatives to be considered. The purpose and need for the 
proposed action must be clearly explained and stated in terms that are 
understandable to individuals who are not familiar with DTRA/SCC-WMD 
activities. Where appropriate, the responsible DTRA/SCC-WMD official 
should initiate early coordination with cooperating agencies in 
developing purpose and need. (v) An Alternatives section that includes 
the proposed action. This section is the heart of the EIS. It presents 
a comparative analysis of the no action alternative, the proposed 
action, and other reasonable alternatives to fulfill the purpose and 
need for the action, to sharply define the issues, and provide a clear 
basis for choice among alternatives by the approving official. Whether 
a proposed alternative is reasonable depends, in large part, upon the 
extent to which it meets the purpose and need for the proposed action. 
Reasonable alternatives not within the jurisdiction of the lead agency 
should be considered. DTRA/SCC-WMD may include alternatives proposed by 
the public or another agency. However, they must meet the basic 
criteria for any alternative: It must be reasonable, feasible, and 
achieve the project's purpose. The extent of active participation in 
the NEPA process by the proponent of the alternative also bears on the 
extent to which a preferred alternative deserves consideration. Charts, 
graphs, and figures, if appropriate, may aid in understanding the 
alternatives. To provide a clear basis of choice among the 
alternatives, graphic or tabular presentation of the comparative impact 
is recommended. This section also presents a brief discussion of 
alternatives that were not considered for detailed analysis (e.g., 
because they do not meet the purpose and need for the proposed action). 
The draft EIS must identify the preferred alternative or alternatives, 
if one or more exists at the time the draft EIS is issued. The final 
EIS must specifically and individually identify the preferred 
alternative. Criteria other than those included in the affected 
environment and environmental consequences sections of the EIS may be 
applied to identify the preferred alternative. Although CEQ encourages 
Federal agencies to identify the environmentally-preferred alternatives 
in the EIS, the CEQ Regulations do not require that discussion until 
the ROD. (vi) An affected environment section that describes the 
environmental conditions of the potentially affected geographic area or 
areas. The discussion of the affected environment should be no longer 
than is necessary. It should include detailed discussion of only those 
environmental impact categories affected by the proposed action or any 
reasonable alternatives to demonstrate the likely impacts; data and 
analyses should be presented in detail commensurate with the importance 
of the impact. To ensure that this section emphasizes the important 
aspects of the impacts on the environment, the discussion should 
summarize and incorporate by reference information or analysis that is 
reasonably available to the public. This section may include the 
following, if appropriate: (A) Location map, vicinity map, project 
layout plan, and photographs; (B) Existing and planned land uses and 
zoning, including: industrial and commercial growth characteristics in 
the affected vicinity; affected residential areas, schools, places of 
outdoor assemblies of persons, churches, and hospitals; public parks, 
wildlife and waterfowl refuges; federally listed or proposed candidate, 
threatened, or endangered species or federally designated or proposed 
critical habitat; wetlands; national and state forests; floodplains; 
farmlands; coastal zones, coastal barriers, or coral reefs; recreation 
areas; wilderness areas; wild and scenic rivers; Native American 
cultural sites, and historic and archeological sites eligible for or 
listed on the National Register of Historic Places; (C) State or local 
jurisdictions affected by the proposed action or any reasonable 
alternatives; (D) Population estimates and other relevant demographic 
information for the affected environment, including a census map where 
appropriate; and (E) Past, present, and reasonably foreseeable future 
actions, whether Federal or non-Federal, including related or connected 
actions to show the cumulative effects of these actions on the affected 
environment. (vii) An environmental consequences section, which forms 
the scientific and analytical basis for comparing the proposed action, 
the no action alternative, and other alternatives retained for detailed 
analysis. (A) The discussion of environmental consequences will include 
the environmental impacts of the alternatives including the proposed 
action; any adverse environmental impacts that cannot be avoided should 
the proposed action or any of the reasonable alternatives be 
implemented; the relationship between short-term uses of man's 
environment and the maintenance and enhancement of long-term 
productivity; any irreversible or irretrievable commitments of 
resources that would be involved in the proposed action or any 
reasonable alternatives should they be implemented; and mitigation. It 
must include considerations of direct, indirect, and cumulative impacts 
and their significance and possible conflicts with the objectives of 
Federal, regional, state, tribal, and local land use plans, policies, 
and controls for the area concerned and other unresolved conflicts. To 
avoid excessive length, the environmental consequences section may 
incorporate by reference background data to support the impacts 
analysis. 40 CFR 1502.22 sets forth requirements for addressing 
situations in which information for assessing reasonably foreseeable 
significant adverse impacts is incomplete or unavailable. (B) Specific 
environmental impact categories must be discussed to the level of 
detail necessary to support the comparisons of impacts of each 
alternative retained for detailed analysis, including the no action 
alternative. The section should include the information required to 
demonstrate compliance with other applicable requirements and should 
identify any permits, licenses, other approvals, or reviews that apply 
to the proposed action or any reasonable alternatives, and indicate any 
known problems with obtaining them. This section should also provide 
the status of any interagency or intergovernmental consultation 
required, for example, under the National Historic Preservation Act, 16 
U.S.C. 470-470x-6, the Endangered Species Act, 16 U.S.C. 1531-1544, the 
Coastal Zone

[[Page 61206]]

Management Act, 16 U.S.C. 1451-1466, the American Indian Religious 
Freedom Act, 42 U.S.C. 1996, Executive Order 13084, Consultation and 
Coordination with Indian Tribal Governments, 63 Federal Register 27655 
(May 14, 1998), the Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287, 
and the Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d. (viii) 
An EIS must describe mitigation measures considered or planned to 
minimize harm from the proposed action and reasonable alternatives. The 
EIS must discuss mitigation in sufficient detail to disclose that the 
environmental consequences have been fairly evaluated. Mitigation 
incorporated into project design must be clearly described in the 
proposed action and any reasonable alternatives. Environmental impacts 
resulting from mitigation must be considered in the EIS, when 
applicable. (A) The following types of mitigation measures should be 
considered: design and construction actions to avoid or reduce impacts; 
management actions that reduce impacts during operation of the 
facility; and replacement, restoration (reuse, conservation, 
preservation, etc.), and compensation measures. (B) Electronic data 
collection, tracking, and analysis may be useful in the consideration 
of appropriate mitigation measures. The DTRA/SCC-WMD ESOH Management 
System may also be used for tracking and monitoring mitigation 
commitments. (C) Mitigation and other conditions established in the 
EIS, or during review of the EIS, and that are committed to in the ROD, 
must be implemented by DTRA/SCC-WMD or another appropriate entity with 
authority to implement the identified mitigation measures or other 
conditions. DTRA/SCC-WMD ensures implementation of such mitigation 
measures through special conditions, funding agreements, contract 
specifications, directives, other review or implementation procedures, 
and other appropriate follow-up actions in accordance with 40 CFR parts 
1500-1508. (ix) The EIS must list the preparers of the NEPA document, 
including the names, and qualifications (e.g., expertise experience, 
professional disciplines) of DTRA/SCC-WMD staff that were primarily 
responsible for preparing the EIS or significant background material, 
and contractors who assisted in preparing the EIS or associated 
environmental studies. (x) The EIS must contain a list of agencies, 
organizations, and persons to whom copies of the EIS are sent. This 
list is included for reference and to demonstrate that the EIS is being 
circulated, and thus, that the public review process is being followed. 
(xi) An index that reflects the key terms used throughout the EIS for 
easy reference. The index must include page numbers for each reference. 
(xii) An EIS must include appendices, if necessary. This section 
consists of material that substantiates any analysis that is 
fundamental to the EIS, but would substantially contribute to the 
length of the EIS or detract from the document's readability, if 
included in the body of the EIS. This section should contain 
information about formal and informal consultation conducted and 
related agreement documents prepared, pursuant to other special purpose 
laws and requirements. (xiii) The Final EIS must assess and respond to 
comments received on the draft EIS. (xiv) If applicable, the EIS may 
include footnotes. Footnotes include the title, author, date of 
document, and page(s) relied upon for sources used.
    (5) An EIS may not include any final decisions regarding the 
Agency/Center's course of action.
    (6) The J4E must file the draft EIS with the United States 
Environmental Protection Agency (EPA) through the e-NEPA electronic 
filing system at: http://www.epa.gov/oecaerth/nepa/submiteis/index.html. As part of the draft EIS filing process, the EPA will issue 
an NOA in the FR to open a 45-day comment period for the public, 
federally recognized tribes, or other interested Federal, state, and 
local agencies. This starts the official comment period for the draft 
EIS. The J0XG shall also publish an NOA (Appendix E) in a local daily 
newspaper on the same day that EPA's NOA is published. DTRA/SCC-WMD 
should send a press release to local media and, if the EIS is national 
in scope, to national media outlets. DTRA/SCC-WMD must notify EPA if it 
approves an extension of the public comment period so that EPA may 
provide an update in its FR notice. (i) The draft EIS should be 
available at local libraries or similar public depositories. Material 
used in developing or referenced in the draft EIS must be available for 
review at the appropriate DTRA/SCC-WMD office(s) or at a designated 
location. Upon request, copies of the draft EIS must be made available 
to the public without charge to the extent practical or at a reduced 
charge, which is not more than the actual cost of reproducing copies. 
The draft EIS may also be placed on the Internet and/or copies may be 
made available in digital form. (ii) The J0XG should use the following 
standard language in press releases and notices announcing the draft 
EIS's availability for comment and any public meetings or hearing(s) 
associated with the proposed project: DTRA/SCC-WMD encourages all 
interested parties to provide comments concerning the scope and content 
of the draft EIS. Comments should be as specific as possible and 
address the analysis of potential environmental impacts and the 
adequacy of the proposed action or merits of alternatives and the 
mitigation being considered. Reviewers should organize their 
participation so that it is meaningful and makes the agency aware of 
the reviewer's interests and concerns using quotations and other 
specific references to the text of the draft EIS and related documents. 
Matters that could have been raised with specificity during the comment 
period on the draft EIS may not be considered if they are raised for 
the first time later in the decision process. This commenting procedure 
is intended to ensure that substantive comments and concerns are made 
available to DTRA/SCC-WMD in a timely manner so that DTRA/SCC-WMD has 
an opportunity to address them. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, be advised that your entire comment--including your 
personal identifying information--may be made publicly available at any 
time. While you can ask us in your comment to withhold from public 
review your personal identifying information, we cannot guarantee that 
we will be able to do so.
    (7) DTRA/SCC-WMD should hold public meetings or hearings on the 
draft EIS, when appropriate. If DTRA/SCC-WMD conducts a public meeting 
or hearing for the purpose of obtaining public comment on a draft EIS, 
DTRA/SCC-WMD should ensure that the draft document is available for 
public review at least 15 days before the event occurs. (i) The 
Project/Program Manager must request comments on the draft EIS from 
appropriate Federal, state, and local agencies and from tribes when the 
impacts may be on a reservation or affect tribal interests. (ii) Draft 
EISs must be coordinated with the appropriate regional offices of other 
Federal agencies having jurisdiction by law or special expertise, 
appropriate state and local agencies including cooperating agencies, 
affected cities and counties, and others known to have an interest in 
the action, and appropriate tribal governments when the impacts may 
affect tribal interests.
    (8) After closure of the comment period, the Project/Program 
Manager and the J4E will adjudicate the comments received by 
considering the

[[Page 61207]]

input or concern and documenting a response, update the EIS as 
necessary, and complete an ROD (found in Appendix F) or terminate the 
proposed action. (i) DTRA/SCC-WMD must take into consideration all 
comments received on the draft EIS and comments recorded during public 
meetings or hearings, and respond to the substantive comments in the 
final EIS. All substantive comments received on the draft EIS (or 
summaries where the comments are voluminous) must be attached to the 
final EIS. Comments must be responded to in one or more of the 
following ways: (A) Written into the text of the final EIS; (B) Stated 
in an errata sheet attached to the final EIS; or (C) Included or 
summarized and responded to in an attachment to the final EIS, and if 
voluminous, may be compiled in a separate supplemental volume for 
reference. (ii) DTRA/SCC-WMD may, subject to the conditions set forth 
below, attach errata sheets to the draft EIS. If the modifications to 
the draft EIS in response to comments are minor and are confined to 
factual corrections or explanations of why the comments do not warrant 
additional agency response, then only the comments, responses, and 
errata sheets need to be circulated and the draft EIS and errata sheets 
may be filed as the final EIS as set out in 40 CFR1503.4(c). Use of 
errata sheets is subject to the condition that the errata sheets: (A) 
Cite the sources, authorities, or reasons that support the position of 
DTRA/SCC-WMD; and (B) If appropriate, indicate the circumstances that 
would trigger agency reappraisal or further response.
    (9) The cover page or summary of the final EIS or a draft EIS with 
errata sheets in lieu of a final EIS must include the following 
declaration language below. After careful and thorough consideration of 
the information contained herein and following consideration of the 
views of those Federal agencies having jurisdiction by law or special 
expertise with respect to the environmental impacts described, the 
undersigned finds that the proposed Federal action is consistent with 
existing national environmental policies and objectives as set forth in 
Section 101(a) of the National Environmental Policy Act of 1969.
    (10) Other required environmental findings and conclusions must be 
included in the summary, if not included in the body or at the end of 
the EIS.
    (11) The final EIS must be reviewed and approved by the Project/
Program Manager and the J4E prior to generating an ROD.
    (12) The J4E will file the final EIS with the EPA through the e-
NEPA electronic filing system at: http://www.epa.gov/oecaerth/nepa/submiteis/index.html. The EPA will issue an NOA for the final EIS in 
the FR. The Project/Program Manager may request that the J0XG also 
publish a more detailed availability notice in the FR, but the DTRA/
SCC-WMD notice cannot be substituted for the EPA FR notice. The final 
EIS must be sent to: (i) The appropriate regional office of EPA; (ii) 
Any relevant DoD officials; (iii) Each Federal, state, and local 
agency, tribe, and private organization that made substantive comments 
on the draft EIS and to individuals who requested a copy of the final 
EIS or who made substantive comments on the draft EIS (one copy each); 
(iv) DOE headquarters for projects having major energy-related 
consequences (one copy); and (v) The appropriate state-designated 
single point of contact (or specific agency contacts when states have 
not designated a single contact point), unless otherwise designated by 
the governor (adequate number of copies, which varies by state). (vi) 
Additional copies must be sent to accessible locations to be made 
available to the general public such as state, metropolitan, and local 
public libraries to facilitate accessibility. The final EIS, comments 
received, and supporting documents must be made available to the public 
without charge to the fullest extent practical or at a reduced charge, 
which is not more than the actual cost of reproducing copies, at 
appropriate agency office(s) or at a designated location.
    (13) DTRA/SCC-WMD must wait a minimum of 30 days after the EPA NOA 
of the final EIS is published in the FR (and at least 90 days after 
filing of the draft EIS) before making a decision on the proposed 
action and issuing an ROD. The 30-day period provides time for the 
decision-maker to consider the final EIS and other pertinent 
information and make a decision; it is not for receiving public 
comments unless DTRA/SCC-WMD requests comments on the final EIS. At the 
conclusion of the 30-day waiting period, the J0 may issue the final 
decision in an ROD and implementation of the selected action may begin. 
(i) When DTRA/SCC-WMD is the lead Federal agency, the EPA, upon a 
showing by another Federal agency of compelling reasons of national 
policy, may extend prescribed periods up to 30 days, but no longer than 
30 days without the permission of DTRA/SCC-WMD. The Project/Program 
Manager may also extend the waiting period or request the EPA to reduce 
this period for compelling reasons of national policy. The 90-day 
waiting period after the NOA of the draft EIS cannot be altered by the 
EPA. (ii) If DTRA/SCC-WMD unilaterally approves an overall extension of 
a comment period, the EPA must be notified so that the EPA may provide 
an update in its FR notice.
    (14) Under certain circumstances, DTRA/SCC-WMD may choose to 
terminate an EIS. This could occur, for example, when a proponent has 
decided not to go forward with the action or it is determined to be no 
longer needed. DTRA/SCC-WMD may also terminate an EIS and revert to an 
EA if the environmental analysis shows that there would not be 
significant impacts from the project. DTRA/SCC-WMD will provide notice 
of the determination to no longer conduct an EIS that is issued in a 
manner comparable to the publication and distribution used for the NOI 
to prepare the EIS. The notice should cite the date of the original NOI 
to prepare an EIS and state the reasons why DTRA/SCC-WMD has chosen to 
terminate the EIS.

(f) Record of Decision (ROD)

    (1) The ROD (Appendix F) will state DTRA/SCC-WMD's final decision 
on which action will be taken. The ROD may be prepared after the time 
periods outlined in the EIS section above. The Project/Program Manager 
and the J4E must provide concurrence on the ROD before submitting to 
the J0 for approval. Supplements to final EISs may be necessary (see 
Section (7)(b) Supplemental EAs/EISs) and must be reviewed and approved 
in the same manner as the original document, and a new draft ROD should 
be prepared, circulated, and approved. (i) DTRA/SCC-WMD may select any 
alternative within the range of alternatives analyzed in the final EIS. 
The selected alternative may be an alternative other than the agency's 
preferred alternative or the environmentally-preferred alternative. The 
selected action may not be implemented until the J0 has approved and 
signed the ROD. (ii) If DTRA/SCC-WMD selects an alternative other than 
the preferred alternative in the final EIS that involves special 
purpose laws and requirements, such as those related to Section 4(f) 
land, federally listed endangered species, wetlands, or historic sites, 
the Agency must first complete any required permit, evaluation, 
consultation, or other approval requirement prior to taking the action.
    (2) DTRA/SCC-WMD must provide public notice of availability of the 
ROD

[[Page 61208]]

through appropriate means as required by 40 CFR 1506.6(b). Such means 
may include publication in the FR, other media, and on the Internet, 
although publication in the FR is only required for actions with 
effects of national concern.
    (3) The ROD must: (i) Present DTRA/SCC-WMD's decision on the 
proposed action, and identify and discuss all factors, including any 
essential considerations of national policy, that were balanced by the 
Agency in making its decision and state how those considerations 
entered into the decision; (ii) Identify all alternatives DTRA/SCC-WMD 
considered and which alternative(s) is/are considered to be 
environmentally-preferable. DTRA/SCC-WMD may discuss preferences among 
alternatives based on relevant factors including economic and technical 
considerations, and agency statutory missions; (iii) Identify any 
mitigation measure(s) committed to as part of the decision and 
summarize any applicable mitigation monitoring and enforcement program. 
This must include any mitigation measure that was committed to as a 
condition of the approval of the final EIS; (iv) State whether all 
practicable means to avoid or minimize environmental harm from the 
selected alternatives have been adopted, and if not, why; and (v) 
Include any findings required by Executive Order, regulation, or 
special purpose law or requirement (e.g., wetlands, Section 4(f), 
etc.).
    (4) As necessary, the ROD can be used to clarify and respond to 
issues raised on the final EIS when those issues do not require 
supplementation of the final EIS.
    (5) If the ROD is prepared following adoption of all or part of 
another agency's NEPA document (see Section (7)(c) Adoption of EAs/
EISs), the ROD must incorporate by reference the part(s) of the 
document being adopted and include documentation of DTRA/SCC-WMD's 
independent evaluation of the document.
    (6) The ROD must be signed by the J0 or delegated authority and 
posted with the EIS on the DTRA/SCC-WMD public Web site by the J0XG.
    (7) The action must proceed no less than 30 days after the EPA has 
published the NOA for the final EIS (see paragraph (5)(e)(13)).

6. Mitigation and Monitoring

    (a) DTRA/SCC-WMD must indicate whether mitigation measures will be 
implemented for the action selected in either a FONSI or ROD, the 
commitments the Agency/Center considered and selected, and who will be 
responsible for implementing, funding, and monitoring the mitigation 
measures.
    (b) If the J4E and the Project Manager or other decision-maker for 
the project/program determine that a mitigation measure stipulated in a 
FONSI has not been implemented or the implemented mitigation is failing 
to mitigate environmental impacts as predicted, and as a result a 
significant impact may occur, the J4E and the Project Manager or other 
decision-maker for the project/program must initiate the EIS process by 
issuing an NOI to prepare an EIS if there remains discretionary DTRA/
SCC-WMD action to be taken related to the project.
    (c) When possible, the Project/Program Manager should include the 
cost of mitigation as a line item in the budget for a proposed project/
program. DTRA/SCC-WMD ensures implementation of such mitigation 
measures through memorandums of agreement, funding agreements, contract 
specifications, directives, other review or implementation procedures, 
and other appropriate follow-up actions.
    (d) DTRA/SCC-WMD may ``mitigate to insignificance'' potentially 
significant environmental impacts found during preparation of an EA 
instead of preparing an EIS. The FONSI will include these mitigation 
measures, which must be implemented simultaneously with the project/
program action (see Sections 5(d)(i)-(iii)).
    (e) Mitigation includes: (1) Avoiding the impact altogether by not 
taking a certain action or parts of an action. (2) Minimizing impacts 
by limiting the degree or magnitude of the action and its 
implementation. (3) Rectifying the impact by repairing, rehabilitating, 
or restoring the affected environment. (4) Reducing or eliminating the 
impact over time by preservation and maintenance operation during the 
life of the action. (5) Compensating for the impact by replacing or 
providing substitute resources or environments.

7. Subsequent Analyses

(a) Tiering and Programmatic Review

    (1) A programmatic review may assist decision-makers and the public 
in understanding the environmental impact from proposed broad federal 
actions and activities. A programmatic EIS or EA may be prepared to 
cover: (i) A broad group of related actions; or (ii) A program, policy, 
plan, system, or national level proposal that may later lead to 
individual actions, requiring subsequent NEPA analysis.
    (2) A programmatic document is useful in analyzing the cumulative 
impacts of a group of related actions and when the proposed actions are 
adequately analyzed can serve as the NEPA review for those actions. 
Programmatic documents may also be useful in providing the basis for 
subsequent project-level specific environmental review. A programmatic 
EIS or EA may contain a broader, less specific, analysis than is done 
for a specific proposed project. If a programmatic EIS or EA is 
prepared, DTRA/SCC-WMD will determine whether project-specific EISs or 
EAs are needed for individual actions. Broad Federal actions analyzed 
in a programmatic EIS or EA may be evaluated geographically, 
generically, or by stage of technological development.
    (3) The use of a programmatic EIS or EA, and subsequent preparation 
of a project-specific EIS or EA is referred to as ``tiering'' the 
environmental review. Tiering can also be used to sequence 
environmental documents from the early stage of a proposed action 
(e.g., need for the action and site selection) to a subsequent stage 
(e.g., proposed construction) to help focus on issues that are ripe for 
decision and exclude from consideration issues not yet ripe or already 
decided. When this approach is used, DTRA/SCC-WMD must ensure that the 
proposed action is not being segmented by describing the independent 
utility of each stage. Programmatic and tiered EISs and EAs are subject 
to the same preparation and processing requirements as other EISs and 
EAs.
    (4) When a programmatic EIS or EA has been prepared, any subsequent 
EIS or EA for proposed projects within the scope of the programmatic 
document only needs to incorporate it by reference by summarizing the 
issues discussed in the programmatic document, providing access to the 
programmatic EIS or EA, and concentrating the subsequent project-
specific EIS or EA on site-specific impacts not covered by the 
programmatic document. The project-specific document must state how to 
obtain a copy of the earlier programmatic document (i.e., a Web page or 
contact person/office).

(b) Supplemental EAs/EISs

    (1) Project/Program Managers must prepare a supplemental EA, draft 
EIS, or final EIS if either of the following occurs: (i) There are 
substantial changes to the proposed action that are relevant to 
environmental concerns; or (ii) There are significant new circumstances 
or information relevant to environmental concerns and bearing on the 
proposed action or its impacts.

[[Page 61209]]

    (2) Significant information is information that paints a 
dramatically different picture of impacts compared to the description 
of impacts in the EA or EIS. DTRA/SCC-WMD may also prepare supplements 
when the purposes of NEPA will be furthered by doing so.
    (3) Supplemental documents must be prepared following the same 
general process as the original EA or EIS addressing the new 
circumstances, information, or actions and incorporating by reference 
and summary the original EA or EIS. No new scoping is required for a 
supplemental EIS, but may be conducted at the discretion of the 
Project/Program Manager or the Director, J4E.
    (4) When a supplemental EA or EIS is completed, a new FONSI or ROD 
must be issued and made available to the public.

(c) Adoption of EAs/EISs

    (1) DTRA/SCC-WMD may adopt in whole or in part, another Federal 
agency's draft or final EA, the EA portion of another agency's EA/
FONSI, or EIS in accordance with 40 CFR 1506.3 and CEQ Guidance, 
``Improving the Process for Preparing Efficient and Timely 
Environmental Reviews under the National Environmental Policy Act,'' 
March 6, 2012, where DTRA/SCC-WMD's proposed action is substantially 
the same as the action described in the existing EA or EIS. When 
another agency's NEPA document does not adequately address DTRA/SCC-
WMD's proposed action or meet the applicable standards in the CEQ 
Regulations and these implementing procedures, then DTRA/SCC-WMD cannot 
adopt the EA or EIS and should consider which portions of that EA or 
EIS can be incorporated by reference.
    (2) The Project/Program Manager and J4E will independently review 
the EA or EIS and determine whether it is current, satisfies the 
requirements of NEPA, and covers the proposed action. In adopting all 
or part of another agency's NEPA document, DTRA/SCC-WMD takes full 
responsibility for the scope and content that addresses the relevant 
DTRA/SCC-WMD action(s).
    (3) If the actions covered by the original NEPA analysis and the 
DTRA/SCC-WMD proposed action are substantially the same, DTRA/SCC-WMD 
may reissue the EA or EIS as a final document and prepare its own FONSI 
or ROD. The EA or EIS will be recirculated and a public comment period 
will be provided per Section 5(e) above. When DTRA/SCC-WMD adopts an EA 
or EIS where it has acted as a cooperating agency and its comments and 
suggestions have been satisfied by the lead agency in the original 
document, then coordination with the public is not required.

8. Actions on Host Installations/Actions Abroad

(a) Actions on Host Installations

    DTRA/SCC-WMD must comply with the host installation NEPA 
implementing regulations, procedures, and guidance in addition to those 
set forth in this guide, and all environmental compliance actions must 
be coordinated with the appropriate host installation point of contact. 
Equivalent host installation documentation may be used to satisfy DTRA/
SCC-WMD documentation requirements when signed and approved by DTRA/
SCC-WMD and maintained in its administrative record.

(b) Actions Occurring Abroad

    (1) Executive Order 12114 is based on the authority vested in the 
President by the Constitution and the laws of the United States. The 
objective of the Executive Order is to further foreign policy and 
national security interests while at the same time taking into 
consideration important environmental concerns. DTRA/SCC-WMD acts with 
care in the global commons because the stewardship of these areas is 
shared by all the nations of the world. DTRA/SCC-WMD will take account 
of environmental considerations when it acts in the global commons in 
accordance with these procedures.
    (2) DTRA/SCC-WMD also acts with care within the jurisdiction of a 
foreign nation. Treaty obligations and the sovereignty of other nations 
must be respected, and restraint must be exercised in applying United 
States laws within foreign nations unless the Congress has expressly 
provided otherwise. DTRA/SCC-WMD will take account of environmental 
considerations in accordance with these procedures when it acts in a 
foreign nation.
    (3) Foreign policy considerations require coordination with the 
Department of State on communications with foreign governments 
concerning environmental agreements and other formal arrangements with 
foreign governments concerning environmental matters. Informal working-
level communications and arrangements are not included in this 
coordination requirement. Consultation with the Department of State 
also is required in connection with the utilization of additional 
exemptions from these procedures.
    (4) Executive Order 12114, implemented by these procedures, 
prescribes the exclusive and complete procedural measures and other 
actions to be taken by DTRA/SCC-WMD to further the purpose of the 
National Environmental Policy Act with respect to the environment 
outside the United States. As such, actions with potential for 
significant environmental impact occurring abroad or in the global 
commons outside the jurisdiction of any nation (e.g., the ocean or 
Antarctica) are subject to the environmental analysis procedures set 
forth in this Guide with the exception of hosting public meetings. 
Project/Program Managers may choose to host public meetings in 
consideration of the following factors: (i) Foreign relations 
sensitivities. (ii) Whether the hearings would be an infringement or 
create the appearance of infringement on the sovereign responsibilities 
of another government. (iii) Requirements of domestic and foreign 
governmental confidentiality. (iv) Requirements of national security. 
(v) Whether meaningful information could be obtained through hearings; 
(vi) Time considerations. (vii) Requirements for commercial 
confidentiality.
    (5) Consideration will be given to whether any foreign government 
should be informed of the availability of environmental documents. 
Communications with foreign governments concerning environmental 
agreements and other formal arrangements with foreign governments 
concerning environmental matters must be coordinated by the J0XG with 
the Department of State through the Assistant Secretary of Defense 
(International Security Affairs).

9. Classified Actions

    (a) Classification of an action for national security does not 
relieve DTRA/SCC-WMD from the requirements of NEPA. DTRA/SCC-WMD will 
prepare, safeguard, and disseminate NEPA documents in accordance with 
DoD requirements for classified information.
    (b) Classified information in NEPA documents will be written in a 
separate appendix from unclassified information so that the 
unclassified portions of the documents can be made available to the 
public.
    (c) When classified information is an integral part of the analysis 
so that a meaningful unclassified NEPA analysis cannot be produced, the 
Project/Program Manager in coordination with the J4E will form a team 
to review the classified NEPA analysis. This team will include 
environmental professionals and subject matter experts who will

[[Page 61210]]

ensure the consideration of environmental effects is consistent with 
the intent of NEPA, including public participation requirements for 
unclassified portions.

10. Administrative Record

    (a) The J4E will maintain an administrative record for each 
environmental analysis performed and an administrative record to 
support these implementing procedures.
    (b) The administrative record for a proposed action must be 
retained for 7 years after completing the action, unless the action 
involves controversy concerning environmental effects or is of a nature 
that warrants keeping it longer as determined by the J4E.
    (c) The administrative records maintained will include, but are not 
limited to: (1) All supporting documentation used to generate DTRA/SCC-
WMD's NEPA implementing procedures and CATEXs. (2) All supporting 
documentation and information used to make a decision for Agency 
actions with potential for significant environmental impact. (3) Maps 
and other documents relevant to developing an EA or EIS. (4) Formal 
communication by a consulting, coordinating, or cooperating agency. (5) 
Studies and inventories of affected environmental resources. (6) 
Correspondence with regulatory agencies, private citizens, tribes, 
State or local governments, and other individuals and agencies 
contacted during public involvement.

11. Glossary

(a) Abbreviations and Acronyms

CATEX Categorical Exclusion
CEQ Council on Environmental Quality
DoD Department of Defense
DTRA/SCC-WMD Defense Threat Reduction Agency and United States 
Strategic Command Center for Combating Weapons of Mass Destruction
EA Environmental Assessment
EIS Environmental Impact Statement
EPA Environmental Protection Agency
ESOH Environment, Safety, and Occupational Health
FIRS Federal Information Relay Service
FONSI Finding of No Significant Impact
FR Federal Register
JO Director, DTRA/SCC-WMD
JOGC Office of the General Counsel
JOXG Governmental and Public Affairs Office
J4/8 Acquisition, Finance, and Logistics Directorate
J4E Environment, Safety, and Occupational Health Department
JDIR Joint Director
NEPA National Environmental Policy Act
NOA Notice of Availability
NOI Notice of Intent
REC Record of Environmental Consideration
ROD Record of Decision
TDD telecommunication devices for the deaf

(b) Definitions

    Unless otherwise noted, these terms and their definitions are for 
the purpose of this NEPA Procedures Guide. The definitions in 40 CFR 
parts 1500-1508 control in the event of any inconsistency or 
difference.
    CATEX. A CATEX is defined at 40 CFR 1508.4 as a category of actions 
which do not individually or cumulatively have a significant effect on 
the human environment and which have been found to have no such effect 
in Federal agency NEPA implementing procedures and, therefore, neither 
an EA nor an EIS is required. This Guide provides for extraordinary 
circumstances in which an action that is normally categorically 
excluded may have a significant effect and therefore merit further 
analysis in an EA or EIS.
    Cooperating agency. A cooperating agency, defined at 40 CFR 1508.5, 
is any Federal agency or State, tribal, or local governmental entity 
which has jurisdiction by law or special expertise with respect to any 
environmental impact involved in a proposed action or a reasonable 
alternative. The selection and responsibilities of a cooperating agency 
are described at 40 CFR 1501.6.
    EA. An EA, defined at 40 CFR 1508.9, is a concise public document 
for which a Federal agency is responsible that serves to: (1) Briefly 
provide sufficient evidence and analysis for determining whether to 
prepare an EIS or a FONSI; and (2) aid an agency's compliance with NEPA 
when no environmental impact is necessary. An EA includes an evaluation 
of whether a project's potential environmental impacts may be 
significant. Includes an evaluation of the No Action Alternative and 
other alternatives to the proposed project, and results in either a 
FONSI or an NOI.
    EIS. An EIS, defined at 40 CFR 1508.11, is a detailed written 
evaluation of the potential environmental impacts and socioeconomic 
impacts of a proposed action (project), including an evaluation of the 
No Action Alternative and other alternatives to the proposed project. 
The EIS identifies mitigation measures needed to address adverse 
environmental impacts.
    Environmental planning. The process of identifying and considering 
environmental factors that impact on, or are impacted by, planned DoD 
activities and operations.
    FONSI. A FONSI, defined at 40 CFR 1508.13, is a document briefly 
presenting the reasons why the proposed action, based on the EA 
findings, will not have a significant effect on the human environment 
and therefore an EIS is not required.
    Impact. Any change to the environment wholly or partially resulting 
from an organization's activities, products, or services. Impact is 
synonymous with effect as defined at 40 CFR 1508.7 and 8.
    NEPA. The National Environmental Policy Act (NEPA) [42 U.S.C. 4321 
et seq.] establishes national environmental policy and goals for the 
protection, maintenance, and enhancement of the environment and 
provides a process for implementing these goals within Federal 
agencies. NEPA also established the Council on Environmental Quality.
    NOA. A notice of availability is a document notifying the public 
and other government agencies that an EA or an EIS is available for 
review.
    NOI. A notice of intent, as defined at 40 CFR 1508.22, is a notice 
that an EIS will be prepared and considered. This notice includes a 
description of the proposed action and possible alternatives, a 
description of the agency's proposed scoping process, and the name and 
address of an agency representative who can answer questions about the 
proposed action and the EIS.
    Proponent. The organization that exercises primary management 
responsibility for a proposed action or activity.
    REC. Document stating that the proposed action (project) does not 
require further NEPA documentation.

Appendix A: The NEPA Process

BILLING CODE 5001-06-P

[[Page 61211]]

[GRAPHIC] [TIFF OMITTED] TN06SE16.008

BILLING CODE 5001-06-C

Appendix B: Categorical Exclusions (CATEXS)

    This Appendix includes categorical exclusions (CATEXs) and 
extraordinary circumstances for DTRA/SCC-WMD activities.
    Actions categorically excluded in the absence of extraordinary 
circumstances are:
    1. Normal personnel, fiscal or budgeting, and administrative 
activities and decisions, including those involving military and 
civilian personnel (for example, recruiting, processing, data 
collection, conducting surveys, payroll, and record keeping).
    2. Preparing, revising, or adopting regulations, instructions, 
directives, or guidance documents, including those that implement 
without substantial change to the

[[Page 61212]]

regulations, instructions, directives, or guidance documents from 
higher headquarters or other Federal agencies.
    3. Decreases, increases, relocation, and realignment of 
personnel into existing Federally-owned or commercially-leased space 
that does not involve a substantial change affecting the supporting 
infrastructure or use of space (e.g., no increase in traffic beyond 
the capacity of the supporting network to accommodate such an 
increase).
    4. Routine procurement of goods and services conducted in 
accordance with applicable procurement regulations and green 
purchasing requirements including office supplies, equipment, mobile 
assets, and utility services for routine administration, operation, 
and maintenance.
    5. Administrative study efforts involving no commitment of 
resources other than personnel and funding allocations. If any of 
these study efforts result in proposals for further action, those 
proposals must be considered separately by an appropriate CATEX or 
NEPA analysis. Examples include, but are not limited to: Studies and 
surveys conducted to further administrative, personnel-related, 
architectural, engineering, safety, security, siting, and facility 
audit activities.
    6. Studies, monitoring, data and sample collection, and 
information gathering that involve no permanent physical change to 
the environment. If any of these activities result in proposals for 
further action, those proposals must be considered by an appropriate 
CATEX or NEPA analysis. Examples include, but are not limited to: 
Surveys for threatened and endangered species, wildlife and wildlife 
habitat, historic properties, and archeological sites; wetland 
delineations; minimal water, air, waste; material and soil sampling 
(e.g., grab samples). Environmental Baseline Surveys or 
Environmental Condition of Property Surveys. Topographical surveying 
and mapping that does not require cutting and/or removal of trees.
    7. Sampling, borehole drilling, well drilling and installation, 
analytical testing, site preparation, and minimally intrusive 
physical testing. These activities could involve minor clearing, 
grubbing, or movement of heavy equipment such as drill rigs. If any 
of these actions result in proposals for further actions, those 
proposals must be considered by an appropriate CATEX or NEPA 
analysis. Examples include, but are not limited to: Sampling for 
asbestos-containing materials, polychlorinated biphenyls, and lead-
based paint. Topographical surveys and surveys for unexploded 
ordnance. Minimally-intrusive (no more than 25 square feet of 
disturbed surface area) geological, geophysical surveys, geo-
technical activities, and seismic studies. Minimally-intrusive 
sampling to determine if hazardous wastes, contaminants, pollutants, 
or special hazards are present. Ground water monitoring wells, 
subsurface soil sampling, and soil borings.
    8. Immediate responses to the release or discharge of oil or 
hazardous materials in accordance with an approved Spill Prevention, 
Control and Countermeasure Plan or Spill Contingency Plan, or that 
is otherwise consistent with the requirements of the EPA National 
Contingency Plan.
    9. Temporary use of transportable power generators or 
operational support equipment when located in a previously disturbed 
area and when operated in compliance with applicable regulatory 
requirements.
    10. Routine movement, handling, use, and distribution of 
materials, including hazardous materials or wastes that are moved, 
handled, or distributed in accordance with applicable regulations, 
such as Resource Conservation and Recovery Act, National Oil and 
Hazardous Substance Pollution Contingency Plan, Occupational Safety 
and Health Act, and Hazardous Materials Transportation Act.
    11. Routine movement of mobile test assets (such as instrument 
trailers, cameras, portable antennas, etc.) for routine test and 
evaluation, for repair, overhaul, or maintenance where no new 
support facilities are required.
    12. Activities and operations to be conducted in an existing 
non-historic structure which are within the scope of and are 
compatible with the present functional use of the building, will not 
result in a substantial increase in waste discharged to the 
environment, will not result in substantially different waste 
discharges from current or previous activities, and emissions will 
remain within established permit limits, if any.
    13. Acquisition, installation, modification, routine repair and 
replacement, and operation of utility (e.g., water, sewer, and 
electrical) and communication systems, mobile antennas, data 
processing cable, and similar electronic equipment that use existing 
rights-of-way, easements, distribution systems, facilities, or 
previously disturbed land.
    14. Acquisition, installation, or minor relocation, operation 
and maintenance or evaluation of physical security devices or 
controls to protect human or animal life and to enhance the physical 
security of existing critical assets in compliance with applicable 
Federal, tribal, state, and local requirements to protect the 
environment. Examples include, but are not limited to: Motion 
detection systems. Lighting. Remote video surveillance systems. 
Access controls. Physical barriers, fences, grating, on or adjacent 
to existing facilities.
    15. Installation and maintenance of archaeological, historical, 
and endangered or threatened species avoidance markers, fencing, and 
signs.
    16. Road or trail construction and repair on existing rights-of-
ways or in previously disturbed areas which do not result in a 
change in functional use. Runoff, erosion, and sedimentation 
controlled through implementation of best management practices.
    17. Routine repair and maintenance of buildings, grounds, and 
other facilities and equipment which do not result in a change in 
functional use or a significant impact on a historically significant 
element or setting. Examples include, but are not limited to: Repair 
of roofs, doors, windows, or fixtures, localized pest management, 
and minor erosion control measures.
    18. New construction or equipment installation or alterations 
(interior and exterior) to or construction of an addition to an 
existing structure that is similar to existing land use if the area 
to be disturbed has no more than five cumulative acres of new 
surface disturbance.
    19. Demolition of non-historic buildings, structures, or other 
improvements and repairs that result in disposal of debris there-
from, or removal of a part thereof for disposal, in accordance with 
applicable regulations, including those regulations applying to 
removal of asbestos containing materials, polychlorinated biphenyls, 
lead-based paint, and other special hazard items.
    20. Research, testing, and operations conducted at existing 
facilities (including contractor-operated laboratories and plants) 
and in compliance with all applicable safety, environmental, and 
natural conservation laws (because of these controls, these types of 
activities have little potential for significant environmental 
impacts). Examples include, but are not limited to: Nuclear weapons 
effects simulators, weapons performance measurement, wind tunnels, 
high energy lasers, remote sensing instruments, vacuum chambers, 
high altitude simulator facilities, and propellant testing 
facilities.
    21. Routine installation and use of radars, cameras, 
communications equipment, and other essentially similar facilities 
and equipment within a launch facility, mobile platform, military 
installation, training area, or previously disturbed area that 
conform to current American National Standards Institute/Institute 
of Electrical and Electronics Engineers guidelines, Federal 
Communications Commission Radio Frequency Exposure Limits 1.1310, 
and Electric and Magnetic Fields Exposure Directive 99/519/EC for 
maximum permissible exposure to electromagnetic fields.
    22. Routine law and order activities performed by military 
personnel, military police, or other security personnel, including 
physical plant protection and security.
    Extraordinary circumstances that preclude the use of a CATEX 
are:
    1. A reasonable likelihood of significant impact on public 
health or safety.
    2. A reasonable likelihood of significant environmental effects 
(direct, indirect, and cumulative).
    3. A reasonable likelihood of involving effects on the 
environment that involve risks that are highly uncertain, unique, or 
are scientifically controversial.
    4. A reasonable likelihood of violating any Executive Order, or 
Federal, state, or local law or requirements imposed for the 
protection of the environment.
    5. A reasonable likelihood of adversely affecting 
``environmentally sensitive'' resources, unless the impact has been 
resolved through another environmental process (e.g., Coastal Zone 
Management Act, National Historic Preservation Act, Clean Water Act, 
etc.) a CATEX cannot be used. Environmentally sensitive resources 
include: a. Proposed federally listed, threatened, or endangered 
species or their designated critical habitats. b. Properties listed 
or

[[Page 61213]]

eligible for listing on the National Register of Historic Places. c. 
Areas having special designation or recognition such as prime or 
unique agricultural lands; coastal zones; designated wilderness or 
wilderness study areas; wild and scenic rivers; National Historic 
Landmarks (designated by the Secretary of the Interior); 
floodplains; wetlands; sole source aquifers (potential sources of 
drinking water); National Wildlife Refuges; National Parks; areas of 
critical environmental concern; or other areas of high environmental 
sensitivity. d. Cultural, scientific or historic resources.
    6. A reasonable likelihood of dividing or disrupting an 
established community or planned development, or is inconsistent 
with existing community goals or plans.
    7. A reasonable likelihood of causing an increase in surface 
transportation congestion that will decrease the level of service 
below acceptable levels.
    8. A reasonable likelihood of adversely impacting air quality or 
violating federal, state, local or tribal air quality standards 
under the Clean Air Act Amendments of 1990.
    9. A reasonable likelihood of adversely impacting water quality, 
sole source aquifers, public water supply systems or state, local, 
or tribal water quality standards established under the Clean Water 
Act and the Safe Drinking Water Act.
    10. A reasonable likelihood of effects on the quality of the 
environment that are highly controversial on environmental grounds. 
The term ``controversial'' means a substantial dispute exists as to 
the size, nature, or effect of the proposed action rather than to 
the existence of opposition to a proposed action, the effect of 
which is relatively undisputed.
    11. A reasonable likelihood of a disproportionately high and 
adverse effect on low income or minority populations (see Executive 
Order 12898).
    12. Limit access to and ceremonial use of Indian sacred sites on 
Federal lands by Indian religious practitioners or significantly 
adversely affect the physical integrity of such sacred sites (see 
Executive Order 13007).
    13. Contribute to the introduction, continued existence, or 
spread of noxious weeds or non-native invasive species known to 
occur in the area or actions that may promote the introduction, 
growth, or expansion of the range of such species (Federal Noxious 
Weed Control Act and Executive Order 13112).
    14. A greater scope or size than is normal for this category of 
action.
    15. A reasonable likelihood of degrading already existing poor 
environmental conditions. Also, initiation of a degrading influence, 
activity, or effect in areas not already significantly modified from 
their natural condition.
    16. A precedent (or makes decisions in principle) for future or 
subsequent actions that have a reasonable likelihood of having a 
future significant effect.
    17. Introduction or employment of unproven technology.
    18. A reasonable likelihood of (i) releases of petroleum, oils, 
and lubricants (except from a properly functioning engine or 
vehicle) or reportable releases of hazardous or toxic substances as 
specified in 40 CFR part 302, Designation, Reportable Quantities, 
and Notification); (ii) application of pesticides and herbicides; 
(iii) or where the proposed action results in the requirement to 
develop or amend a Spill Prevention, Control, or Countermeasures 
Plan.

Appendix C: Record of Environmental Consideration (REC)

DEFENSE THREAT REDUCTION AGENCY/UNITED STATES STRATEGIC COMMAND CENTER 
FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC-WMD)

RECORD OF ENVIRONMENTAL CONSIDERATION

DATE OF REQUEST:-------------------------------------------------------
PROJECT/PROGRAM MANAGER:-----------------------------------------------
PHONE NUMBER:----------------------------------------------------------
EMAIL:-----------------------------------------------------------------
ORGANIZATION ADDRESS:
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
PROJECT TITLE:---------------------------------------------------------
PROPOSED PROJECT START DATE:-------------------------------------------
END DATE:--------------------------------------------------------------
A. PURPOSE AND NEED FOR ACTION:

B. PROJECT SPECIFIC DETAILS (PROPOSED LOCATION, etc.):

C: LIST OF PREVIOUS NEPA DOCUMENTATION (EA/EIS) FOR THIS OR SIMILAR 
ACTIVITY

PRINT NAME-------------------------------------------------------------
SIGNED-----------------------------------------------------------------
[Name of Project/Program Manager]
DATE-------------------------------------------------------------------
J4E ENVIRONMENTAL REVIEW ACTION NOT SUBJECT TO NEPA REQUIREMENTS-------
PROPOSED ACTION QUALIFIES FOR CATEGORICAL EXCLUSION (CATEX) #----------
PROPOSED ACTION DOES NOT INVOLVE EXTRAORDINARY CIRCUMSTANCES THAT MERIT 
REVIEW IN AN EA OR EIS (IDENTIFY ANY ENVIRONMENTAL PROCESS THAT HAS 
RESOLVED AN IMPACT ARISING FROM AN EXTRAORDINARY CIRCUMSTANCE)---------
PROPOSED ACTION IS COVERED UNDER EXISTING ENVIRONMENTAL DOCUMENTATION 
(SPECIFY DOCUMENT AND SECTIONS)----------------------------------------
FURTHER ANALYSIS IS REQUIRED-------------------------------------------
REMARKS:---------------------------------------------------------------
PRINT NAME-------------------------------------------------------------
SIGNED-----------------------------------------------------------------
DATE-------------------------------------------------------------------
Director, Environment, Safety, and Occupational Health Department

DTRA/SCC-WMD
8725 John J. Kingman Rd.
Ft. Belvoir, VA 22060

Appendix D: Notice of Intent (NOI)

DEFENSE THREAT REDUCTION AGENCY/UNITED STATES STRATEGIC COMMAND CENTER 
FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC-WMD)

[Name of Office; Location; Short Title or Subject of the Notice]

ACTION: Notice of intent to prepare an environmental impact 
statement.

SUMMARY: [Briefly describe the nature and scope of the proposed 
action. Do not put legal citations or background information in the 
SUMMARY section; these belong in the SUPPLEMENTARY INFORMATION 
section.]

DATES: Comments concerning the scope of the analysis must be 
received by [insert date 30 days from date of publication in the 
Federal Register].
    The draft environmental impact statement is expected [insert 
estimated month and year] and the final environmental impact 
statement is expected [insert estimated month and year.]

ADDRESSES: Send written comments to [insert address]. Comments may 
also be sent via email to [insert email address], or via facsimile 
to [insert fax number]. [In this section, you also may put 
additional addresses, locations of meetings, etc. Do not put more 
than four addresses in this section. If there are more than four 
pertinent addresses, create a heading for them under the 
SUPPLEMENTARY INFORMATION section of the notice.]

    It is important that reviewers provide their comments at such 
times and in such a way that they are useful to the Agency's 
preparation of the EIS. Therefore, comments should be provided prior 
to the close of the comment period and should clearly articulate the 
reviewer's concerns and contentions.
    Comments received in response to this solicitation, including 
names and addresses of those who comment, will be part of the public 
record for this proposed action. Comments submitted anonymously will 
be accepted and considered.

FOR FURTHER INFORMATION CONTACT: [insert name(s) and contact 
information you wish to use, such as telephone number and email 
address].

    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8339 between 8 a.m. and 8 p.m. Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    [Describe why DTRA/SCC-WMD is proposing the action: Why here? 
Why now?]

Proposed Action

    [Describe the proposed action. Consider who, what, how, where, 
and when.]

Possible Alternatives

    [Include only if any have been identified (delete heading if not 
used or request input on any alternatives considered reasonable--
including technically and economically feasible--that will meet the 
purpose and need).]

Lead and Cooperating Agencies

    [Include only if there are other agencies to list as joint lead 
agencies and/or cooperating agencies (delete heading if not used).]

Responsible Official

    [Provide the title and address of the official(s) responsible 
for the proposed action. Use of the responsible official's name is 
optional.]

Nature of Decision To Be Made

    [Describe the framework or scope of the decision(s) to be made 
by the responsible official(s).]

[[Page 61214]]

Preliminary Issues

    [Include only if any have been identified (delete heading if not 
used). To the extent practicable, resolve internal issues before 
proposing the action.]

Permits or Licenses Required

    [Include only if any have been identified (delete heading if not 
used).]

Addresses

    [Include only if all addresses could not be included in the 
SUMMARY (delete heading if not used).]

Scoping Process

    This notice of intent initiates the scoping process, which 
guides the development of the environmental impact statement. 
[Describe any other public comment opportunities, including whether, 
when, and where any scoping meetings will be held. Describe any 
additional information related to the scoping process and nature of 
comments being sought.]
-----------------------------------------------------------------------
[Name]
-----------------------------------------------------------------------
Date
Chief, Governmental and Public Affairs Office

DTRA/SCC-WMD

Appendix E: Notice of Availability (NOA)

DEFENSE THREAT REDUCTION AGENCY/UNITED STATES STRATEGIC COMMAND CENTER 
FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC-WMD)

AGENCY: [Office name], DTRA/SCC-WMD, Department of Defense

ACTION: Notice of Availability of the [Draft EA, Final EA and FONSI, 
Draft EIS, Final EIS, or ROD]

SUMMARY: DTRA/SCC-WMD announces the availability of the [insert type 
of NEPA document] for a proposed project in [insert location].

DATES: [As applicable, list dates of public scoping meetings, 
deadlines for comments, etc.]

ADDRESSES: [As applicable, list addresses for public scoping 
meetings, availability of the document, etc.] The [insert Draft EIS, 
Final EIS, ROD as appropriate] is also available at [insert project 
Web site.]

FOR FURTHER INFORMATION CONTACT: [insert name(s) and contact 
information you wish to use, such as telephone number and email 
address.]

SUPPLEMENTARY INFORMATION: Effective [Date], the DTRA/SCC-WMD 
assumed environmental responsibilities for this project. DTRA/SCC-
WMD as the agency responsible for the National Environmental Policy 
Act (NEPA) review has, in cooperation with [insert cooperating 
agencies], prepared a [insert type of NEPA document] on a proposal 
for [insert brief description of action] in [location]. [Provide 
additional details regarding the proposed action, description of the 
proposed alternatives, length of project, and any anticipated 
federal approvals, such as permits].

Issued on: [Date signed]
-----------------------------------------------------------------------
[Name]

Chief, Governmental and Public Affairs Office

DTRA/SCC-WMD

Appendix F: Record of Decision (ROD)

RECORD OF DECISION

[Project Name]

DEFENSE THREAT REDUCTION AGENCY/UNITED STATES STRATEGIC COMMAND CENTER 
FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC-WMD)

[Project Location]

[County, State]

Decision

    Based on my review of the Environmental Impact Statement (EIS), 
I have decided to implement Alternative [X], which [insert 
description of selected alternative. Include any permits, licenses, 
grants, or authorizations needed to implement the decision. Also 
include any mitigation and monitoring actions related to the 
decision.]

Background

    [Provide a brief description of the purpose and need for 
action.]

Decision Rationale

    [Describe the reasons for the decision. Specifically, discuss 
the following:
    How the selected action/alternative best meets the purpose and 
need and why other alternatives were not selected.
    How significant issues and environmental impacts were considered 
and taken into account.
    Any factors other than environmental effects considered in 
making the decision.
    Discuss how the above factors influenced the decision (are some 
more important than others?)
    State whether all practical means to avoid or minimize 
environmental harm from the selected alternative have been adopted 
and if not, why not.]
    The [Project Name] EIS documents the analysis and conclusions 
upon which this decision is based.

Public Involvement

    A notice of intent to prepare an EIS was published in the 
Federal Register on [date] ([Cite Federal Register volume and 
beginning page number (i.e. 73 FR 43084]). People were invited to 
review and comment on the proposal through [insert public notice 
methods and dates such as mailings, news releases, phone calls, 
etc.]. The EIS lists agencies, organizations, and people who 
received copies on page [X].
    The following issues were identified from scoping comments and 
were used to determine the scope of the analysis. [Briefly describe 
the significant issues used in the analysis]. A full description of 
issues significant to the proposed action appears in the EIS on page 
[X].
    A draft EIS was published for review and comment on [date of 
publication of EPA's notice of availability in the Federal 
Register].

Alternatives Considered

    In addition to the selected alternative, I considered [X] other 
alternatives, which are discussed below. A more detailed comparison 
of these alternatives can be found in the EIS on pages [X-X].
    Alternative 1--[insert a brief description of the alternative; 
identify which is considered to be environmentally-preferable.]
    Alternative 2--[insert a brief description of the alternative]
    [Repeat for each alternative.]

Mitigation

    [State (a) which mitigation measures have been adopted; (b) 
whether all practicable means to avoid or minimize have been 
adopted, and if not why they were not; and (c) whether monitoring 
and enforcement programs are adopted, and if so summarize them.]

Implementation Date

    [Describe the expected date(s) of implementation].

Contact

    For additional information concerning this decision, contact: 
[contact name, title, office, mailing address, phone number, and 
email]

Concurrence:

-----------------------------------------------------------------------
[Name]
Project/Program Manager
-----------------------------------------------------------------------
Date
-----------------------------------------------------------------------
Director, J4E
-----------------------------------------------------------------------
Date

Approval:

-----------------------------------------------------------------------
Director, DTRA/SCC-WMD
-----------------------------------------------------------------------
Date

[FR Doc. 2016-21294 Filed 9-2-16; 8:45 am]
 BILLING CODE 5001-06-P