ENVIRONMENTAL COMPLIANCE AND PROTECTION MANUAL

CHAPTER 12

THE NATIONAL ENVIRONMENTAL POLICY ACT

ENVIRONMENTAL COMPLIANCE AND PROTECTION MANUAL

CHAPTER 12

THE NATIONAL ENVIRONMENTAL POLICY ACT

SECTION 1: INTRODUCTION

12100. PURPOSE. This chapter establishes Marine Corps policy and responsibilities for compliance with the NEPA of 1969 (42 U. S. C. 4321 et seq.).

12101. APPLICABILITY

1. This chapter applies to all Marine Corps active and reserve installations, commands, detachments, and units located within the United States, its territories and possessions.

2. Marine Corps active and reserve installations, commands, units, and detachments may also need to comply with state environmental planning procedures when joint activities with non-Federal parties are conducted.

3. Marine Corps actions in foreign countries are not subject to the requirements of NEPA. Thus, the requirements of this chapter do not apply to Marine Corps actions abroad. However, certain Marine Corps actions are subject to the DoD specifications outlined in appendix Q on environmental effects abroad of major DoD actions. Commanders must comply with these requirements, which are reprinted at 32 CFR 187.

12102. BACKGROUND. NEPA is the basic national charter for the protection of the environment. It establishes policies, sets goals, and provides means for carrying out environmental policy.

12103. FEDERAL STATUTES

1. NEPA of 1969 (42 U. S. C. 4321 et seq.).

a. Basic National Charter. NEPA requires decision makers to consider the environmental consequences of an applicable action before making the decision to take the action. For certain actions, NEPA requires decision makers to open the decisionmaking process to public scrutiny and involvement.

b. "Action-Forcing" Provisions. Section 102(2) of NEPA contains "action-forcing" provisions to ensure that Federal agencies act according to the letter and the spirit of NEPA. Section 102(2)(A) of NEPA mandates that Federal agencies "utilize a systematic, interdisciplinary approach which will ensure the integrated use of the natural and social sciences and the environmental design arts, in planning and in decision making that may have an impact on man's environment." Section 102(C) of NEPA requires that Federal agencies "include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on the environmental impacts of the proposed action." Further, section 102(E) of NEPA requires that Federal agencies "study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources."

c. Council on Environmental Quality (CEQ). Section 202 of NEPA created the CEQ in the Executive Office of the President. CEQ promulgates regulations that implement section 102(2) of NEPA. CEQ's regulations (40 CFR 1500-1508) are binding on the Marine Corps. CEQ also provides guidance documents which aid Federal agencies in their implementation of NEPA's myriad procedural requirements.

d. Four Basic Tenets. The four basic tenets of NEPA and CEQ regulations follow:

(1) Procedures must be in place to ensure that environmental information is available to decision makers and citizens before decisions are made and before Federal actions are taken.

(2) The NEPA process should identify and assess reasonable alternatives to proposed actions that would avoid or minimize adverse environmental effects.

(3) NEPA's purpose is to help agency officials make decisions based on an understanding of environmental effects, enabling them to take actions that protect, restore, and enhance the environment.

(4) Agencies must integrate the NEPA process with other planning at the earliest possible time to ensure that planning and decisions reflect environmental values, to avoid delays later in the process, and to head off potential conflicts.

2. Interaction with other Environmental Statutes, Regulations, and Executive Orders (EO). A number of environmental statutes, implementing regulations, and EO's, which impose substantive and procedural requirements, may apply to a proposed action. The NEPA process facilitates the identification of applicable statutes, regulations, and EO's with which the action sponsor/cognizant command must also comply. The following is a representative, but not inclusive, list of environmental legislation and EO's which may apply to a proposed action:

a. Clean Air Act (CAA) of 1970, as Amended (42 U. S. C. 7401 et seq.);

b. Clean Water Act (CWA) of 1977, as Amended (33 U. S. C. 1251 et seq.);

c. Coastal Zone Management Act (CZMA) of 1972 (16 U. S. C. 1451 et seq.);

d. Endangered Species Act (ESA) of 1973 (16 U. S. C. 1531 et seq.);

e. Marine Mammal Protection Act of 1972, as Amended (6 U. S. C. 1361 et seq.);

f. Marine Protection Research and Sanctuaries Act of 1972, as Amended (33 U. S. C. 1401 et seq. and 16 U. S. C. 1431 et seq.);

g. Migratory Bird Treaty Act of 1918, as Amended (16 U. S. C. 703 et seq.);

h. National Historic Preservation Act (NHPA) of 1966, (16 U. S. C. 470 et seq.);

i. Pollution Prevention Act (PPA) of 1990 (42 U. S. C. 13101 et seq.);

j. Safe Drinking Water Act (SDWA) of 1974 (42 U. S. C. 300(f) et seq.);

k. EO 11988, Floodplain Management, July 20, 1979;

l. EO 11990, Protection of Wetlands, September 9, 1987; and

m. EO 12898, Environmental Justice, March 14, 1994. EO 12898 requires each Federal agency to make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority and low-income populations. The DoD Strategy on Environmental Justice identifies a strategy and implementation plan which focuses on the areas of emphasis that can best meet the intent of the EO, minimizes any adverse effects on the health and environment of minority and low-income populations, and carries out the defense mission. The DoD Strategy promotes the implementation of the EO principally through, though not restricted to, compliance with the provisions of NEPA. The Marine Corps will use NEPA as the primary mechanism to implement the provisions of EO 12898. When appropriate, the Marine Corps uses Environmental Assessments (EA) and Environmental Impact Statements (EIS) to evaluate the potential environmental effects of proposed actions on minority and low-income populations. The Marine Corps should also consider employing pollution prevention solutions to minimize the impacts of activities or projects on minority and low-income populations. When appropriate, mechanisms to improve opportunities for minority and low-income populations to participate in the NEPA process will be provided. Mechanisms will include, but are not limited to:

(1) Providing translation of crucial public document summaries and conducting language interpretation of hearings as appropriate for affected minority populations;

(2) Preparing documents using language that is nontechnical;

(3) Ensuring that document repositories are readily accessible to the public;

(4) Scheduling meetings with the public at times and places convenient to community members; and

(5) Increasing the use of community organizations and nontraditional news organizations that may be primary information sources for minority and low-income populations.

12104. REQUIREMENTS

1. NEPA Threshold. The requirements of this chapter apply to proposed Federal actions which may have an impact on the human environment (i. e., those which may result in a change to the physical environment; social and economic impacts alone are not sufficient to trigger NEPA). Any action meeting the NEPA threshold must be documented as appropriate by a decision memorandum when invoking the use of a categorical exclusion (CE), an EA with a Finding of No Significant Impact (FONSI), or an EIS as appropriate, unless:

a. The action is a "continuing activity" exempt from NEPA documentation requirements, as described in paragraph 12104.7a, and is not classified as an "extraordinary circumstance," per paragraph 12104.3c;

b. The proposed action is a Comprehensive Environmental Response, Compensation, and Liability Act cleanup action;

c. The proposed action is exempt from NEPA by statute; or

d. Compliance with NEPA would cause a clear and unavoidable conflict with another Federal law.

2. Process Methodology. Use the following methodology for each proposed action in determining whether the requirements of this chapter apply and, if so, what level of NEPA documentation the action sponsor should initiate.

a. Step 1: Determine whether the proposed action may have an impact on the quality of the human environment. (See paragraph 12104.1, above.) If not, the requirements of this chapter do not apply. If so, go to Step 2.

b. Step 2: Determine whether the proposed action is exempt from NEPA documentation pursuant to paragraph 12104.1a -d, above. If so, the requirements of this chapter do not apply. If not, go to Step 3.

c. Step 3: Determine whether the proposed action is contained in the list of CE's at paragraph 12104.3b. If not, go to Step 5 and prepare an EA or an EIS, as appropriate, per the applicable procedures. If so, go to Step 4.

d. Step 4: Determine whether any of the "extraordinary circumstances" listed at paragraph 12104.3c preclude the use of the pertinent CE(s). If so, go to Step 5 and prepare an EA or an EIS, as appropriate, per the applicable procedures. If not, the proposed action is categorically excluded from the requirement of preparing an EA or an EIS, but must be analyzed and documented per the procedures at paragraph 12104.4. Note that even if a proposed action technically qualifies for a CE, the action sponsor may prepare an EA if the circumstances are such that it would be prudent to do so.

e. Step 5: Determine whether the proposed action is one that requires either an EA under paragraph 12104.5 or an EIS under paragraph 12104.6. If so, analyze and document the impacts per the applicable procedures. If not, go to Step 4.

3. CE (40 CFR 1508.4)

a. Overview. CEQ regulations provide for the establishment of CE's for actions that the DON has found to have no significant effect individually or cumulatively on the human environment and, therefore, for which neither an EA nor an EIS is required. CE's apply to those kinds of actions that do not significantly affect the quality of the human environment, that result in no significant change from existing conditions at the site of the proposed action, or whose effect is primarily economic or social. The use of a CE is documented by a decision memorandum. DON's approved list of CE's is set forth in paragraph 12104.3b.

b. List of CE's (32 CFR 775.6(f)). Pursuant to DON regulations and under normal conditions, the following actions are categorically excluded from the requirement to prepare an EA or EIS, unless one or more of the circumstances in paragraph 12104.3c apply:

(1) Routine personnel, fiscal, and administrative activities involving military and civilian personnel, e. g., recruiting, processing, paying, and recordkeeping.

(2) Reductions in force wherein impacts are limited to socioeconomic factors.

(3) Routine movement of mobile assets, such as ships and aircraft, in home port reassignments (when no new support facilities are required) to perform as operational groups, and/or repair and overhaul.

(4) Relocation of personnel into existing Federally owned or commercially leased space which does not involve a substantial change in the supporting infrastructure (e. g., an increase in vehicular traffic beyond the capacity of the supporting road network to accommodate such an increase).

(5) Studies, data, and information-gathering that involve no physical change to the environment, e. g., topographic surveys, bird counts, wetland mapping, forest inventories, and timber cruising.

(6) Routine repair and maintenance of facilities and equipment in order to maintain existing operations and activities, including maintenance of improved and semi-improved grounds such as landscaping, lawn care, and minor erosion control measures.

(7) Alteration of and additions to existing structures to conform or provide conforming use specifically required by new or existing applicable legislation or regulations, e. g., hush houses for aircraft engines and scrubbers for air emissions.

(8) Routine actions normally conducted to operate, protect, and maintain Marine Corps-owned and/or -controlled properties, e. g., maintaining law and order, physical plant protection by military police and security personnel, and localized pest management activities on improved and semi-improved lands conducted in accordance with applicable Federal and state directives.

(9) New construction that is consistent with existing land use and, when completed, the use or operation of which complies with existing regulatory requirements and constraints, e. g., a building on a parking lot with associated discharges/runoff within existing handling capacities, a bus stop along a roadway, and a foundation pad for portable buildings within a building complex.

(10) Procurement activities that provide goods and support for routine operations.

(11) Day-to-day manpower resource management and research activities that are in accordance with approved plans and inter-agency agreements and which are designed to improve and/or upgrade Marine Corps ability to manage those resources.

(12) Decisions to close facilities, decommission equipment, and/or temporarily discontinue use of facilities or equipment (where such equipment is not used to prevent/control environmental impacts). This paragraph does not apply to permanent closure of public roads.

(13) Contracts for activities conducted at established laboratories and plants, to include contractor-operated laboratories and plants, within facilities where all airborne emissions, waterborne effluents, external radiation levels, outdoor noise, and solid and bulk waste disposal practices are in compliance with existing applicable Federal, state, and local laws and regulations.

(14) Routine movement, handling, and distribution of materials, including hazardous materials (HM)/hazardous wastes (HW) that when moved, handled, or distributed are in accordance with applicable regulations.

(15) Demolition, disposal, or improvements involving buildings or structures not on or eligible for listing on the National Register of Historic Places (NRHP) and when in accordance with applicable regulations, including those regulations applying to removal of asbestos, polychlorinated biphenyls, and other HM's.

(16) Acquisition, installation, and operation of utility and communication systems, data processing cable, and similar electronic equipment which use existing rights-of-way, easements, distribution systems, and/or facilities.

(17) Renewals and/or initial real estate ingrants and outgrants involving existing facilities and land wherein use does not change significantly. This includes, but is not limited to, existing Federally owned or privately owned housing, office, storage, warehouse, laboratory, and other special purpose space.

(18) Grants of license, easement, or similar arrangements for the use of existing rights-of-way or incidental easements complementing the use of existing rights-of-way for use by vehicles (not to include significant increases in vehicle loading); electrical, telephone, and other transmission and communication lines; water, wastewater, stormwater, and irrigation pipelines, pumping stations, and facilities; and for similar utility and transportation uses.

(19) Transfer of real property from the Marine Corps to another military department or to another Federal agency, and the granting of leases (including leases granted pursuant to the agricultural outleasing program where soil conservation plans are incorporated), permits, and easements where there is no substantial change in land use or where subsequent land use would otherwise be categorically excluded.

(20) Disposal of excess easement interests to the underlying fee owner.

(21) Renewals and minor amendments of existing real estate grants for use of Government-owned real property where no significant change in land use is anticipated.

(22) Pre-lease exploration activities for oil, gas, or geothermal reserves, e. g., geophysical surveys.

(23) Return of public domain lands to the Department of the Interior.

(24) Land withdrawal continuances or extensions which merely establish time periods and where there is no significant change in land use.

(25) Temporary closure of public access to Marine Corps property to protect human or animal life.

(26) Engineering effort undertaken to define the elements of a proposal or alternatives sufficiently so that the environmental effects may be assessed.

(27) Actions which require the concurrence or approval of another Federal agency where the action is a CE of the other Federal agency.

(28) Maintenance dredging and debris disposal where no new depths are required, applicable permits are secured, and disposal will be at an approved disposal site.

(29) Installation of devices to protect human or animal life, e. g., raptor electrocution prevention devices, fencing to restrict wildlife movement onto airfields, and fencing and grating to prevent accidental entry to hazardous areas.

(30) Natural resources management actions undertaken or permitted pursuant to agreement with or subject to regulation by Federal, state, or local organizations having management responsibility and authority over the natural resources in question, including hunting or fishing during hunting or fishing seasons established by state authorities pursuant to their state fish and game management laws. With regard to natural resources regulated by another Federal agency, the responsible command may cooperate in any environmental analysis that may be required by the other agency's regulations.

(31) Approval of recreational activities which do not involve significant physical alteration of the environment or increase human disturbance in sensitive natural habitats and which do not occur in or adjacent to areas inhabited by endangered or threatened species.

(32) Routine maintenance of timber stands, including issuance of down-wood firewood permits, hazardous tree removal, and sanitation salvage.

(33) Reintroduction of endemic or native species (other than endangered or threatened species) into their historic habitat when no substantial site preparation is involved.

c. Extraordinary Circumstances (32 CFR 775.6(e)). A CE will not be used if the proposed action:

(1) Adversely affects public health or safety.

(2) Involves an action that is determined to have the potential for significant environmental effects on wetlands, endangered or threatened species, critical habitat, historic or archaeological resources, HW sites, or air quality. Examples include:

(a) If the project cannot be accomplished under guidelines of a U. S. Army Corps of Engineers (COE) nationwide permit or would not otherwise meet COE or state/local regulatory resource agency requirements;

(b) If the National Marine Fisheries Service (NMFS) or the United States Fish and Wildlife Service (USFWS), as appropriate, would not concur with a "no adverse-effect" determination;

(c) If the State Historic Preservation Officer would not concur with a "no effect" or "no adverse-effect" determination;

(d) If the Installation Restoration program manager would not concur with the project; and

(e) If the action requires a conformity determination under the General Conformity Rule, section 176(c) of the CAA.

(3) Involves effects on the human environment that are highly uncertain, that involve unique or unknown risks, or that are scientifically controversial.

(4) Establishes precedents or makes decisions in principle for future actions with significant effects.

(5) Threatens to violate Federal, state, or local laws or requirements imposed for the protection of the environment.

4. Documentation. Document the decision to forgo preparation of an EA or EIS on the basis of one or more CE's. Documentation, in the form of a decision memorandum, must include the applicable exclusions, the facts supporting their use, and specific consideration of the extraordinary circumstances listed above. The decision memorandum should not be more than one or two pages and must be signed by the CG/CO or designee and the action sponsor. The decision memorandum, and any records of correspondence with regulatory agencies, must accompany the project file through project planning.

5. EA (40 CFR 1508.9)

a. Overview. An EA analyzes the potential environmental impacts of a proposed action. An EA is prepared for those proposed actions that meet the NEPA threshold, that are not included on the list of DON CE's, and when the action sponsor (a) initially predicts that the proposed action will not have a significant impact on the environment, or (b) is uncertain whether the effects of the proposed action will have a significant impact on the human environment, or (c) has reason to believe the proposed action will be environmentally controversial. Based on these criteria, an EA will result in either a FONSI or a decision to prepare an EIS.

b. Actions for which an EA Must Be Prepared. The following are examples of actions that under normal circumstances would require an EA:

(1) Training exercises on or over (airspace) nonmilitary property.

(2) Training exercises for which the impacts are unknown, are potentially significant, or have the potential for environmental degradation or controversy.

(3) Dredging projects that increase water depth over previously dredged or natural depths.

(4) Proposed land use that would impact the quality or quantity of tidelands or freshwater wetlands.

(5) Real estate acquisitions or outleases of land involving:

(a) New in/out-grants only (i. e., not renewals or continuances wherein land use remains the same).

(b) Where existing land use will substantially change.

(c) Renewals of agricultural or grazing leases that involve notably different animal stocking rates, agricultural practices, seasons of use, or conversions to or from cropland.

(6) Acquisition of any size or in/out-grants that may be considered environmentally controversial, regardless of the appropriation or intended use.

(7) Family housing projects when the resident population changes.

(8) New target ranges or range mission changes with new or increased environmental impact.

(9) Exercises conducted at the request of state or territorial governments wherein environmental impacts are expected.

(10) New low-altitude aircraft training routes or special use airspace and warning areas wherein overflights impact persons (particularly of low-income or minority populations), wildlife (particularly endangered species), or property.

(11) Mission changes, base closures, relocations, consolidations, or deployments that would cause major long-term population increases or decreases in affected areas. EA's are not required where impacts are purely socioeconomic and involve no potential for significant environmental impacts.

(12) Any proposed activity that may adversely affect a Federally listed threatened or endangered species, candidate species, or designated or recommended critical habitat of an endangered species. The EA does not replace the requirements for a biological assessment and consultation under the ESA (see chapter 11 of this Manual for a complete discussion of endangered species requirements).

(13) Any activity that would affect historic or cultural sites either listed, or eligible for listing in the NRHP (see chapter 8 of this Manual for a complete discussion of historic resources requirements).

(14) Permanent closure or limitation of access to any areas that were previously open to public use (e. g., roads and recreational areas).

(15) Construction or any other action resulting in discharges to, or potential contamination of, an aquifer, watershed, or recharge zone as described in the SDWA.

(16) Irreversible conversion of "prime or unique farmland" to other uses.

(17) Transportation of hazardous substances (HS), conventional munitions, or other wastes for intentional disposal into the ocean.

(18) Award or termination of contracts involving substantial quantities of natural resources, wherein the military is the contracting agency.

(19) Any action for which the environmental effect is controversial.

c. EA Public Participation (40 CFR 1501.4(2)(b)). In the preparation of an EA, CEQ regulations require agencies to involve the public to the extent practicable. Therefore, commands proposing an action will develop an appropriate public involvement strategy. In determining the extent to which public participation is practicable, consider the following factors:

(1) Those who would be interested in or affected by the proposal;

(2) The magnitude of the environmental considerations associated with the proposed action;

(3) The extent of anticipated public interest;

(4) Methods that would most effectively notify and involve the public; and

(5) Any relevant issues of national security or classification.

d. EA Procedures/Responsibilities

(1) Action Sponsor

(a) Following the determination that an EA should be prepared for a proposed action, the action sponsor must identify the following information and coordinate with the command environmental staff to initiate the environmental analysis process:

1 A clear, detailed description of the need, purpose (objectives) for action, the proposed action, and its expected results;

2 A brief description of all considered alternatives, including the reasons for eliminating them from further consideration.

3 A description of the likely results of canceling the proposal (e. g., "no action" alternative) and not meeting the need for action.

4 A description of the potential adverse impacts which might result from engaging in the proposed action and any alternative actions considered in detail;

5 A list of the supporters and likely opponents of the proposed action and alternatives;

6 A list of the names of persons and organizations familiar with the proposal, a summary of any current responses to the proposal, and a list of additional persons or agencies to be contacted during scoping;

7 A description of any associated support or facility requirements that would be necessary to accomplish the proposed action and any other connected actions, similar actions, or cumulative actions (see paragraph 12105.19 for the definition of "Scope");

8 A list of other past, present, or reasonably foreseeable future actions with the potential, together with the proposed action, to cause cumulative environmental impacts.

(b) The action sponsor is responsible for the EA preparation (exclusive of the EA conclusion and final recommendation) via contractor, Engineering Field Division/Activity (EFD/EFA) as a reimbursable service, installation environmental staff, or action sponsor staff (if the proposed action is not part of the mission of the affected Marine Corps activity). At the earliest opportunity, the action sponsor must determine which entity will prepare the EA. In preparing the EA, the action sponsor will accomplish the following:

1 Fully describe any impacts, including any potentially significant impacts, which may result from the proposed action or alternatives;

2 Identify potential mitigation measures which may be integrated into the proposed action's design; and

3 Conduct consultations and surveys required by other environmental laws, consider positions of the affected and interested public, identify regulatory requirements, and conduct the environmental impact analysis.

(2) Installation Environmental Staff. The command environmental staff will compile the EA documentation, including draft recommendations of findings, prepare a separate conclusion in the context of one of the alternatives identified below, and distribute all documentation to the command EIRB for appropriate action.

(3) Command EIRB

(a) The command EIRB will review the documentation and make one of the following determinations:

1 The proposed action will have no significant impact on the environment; a FONSI is appropriate, and the action may proceed as planned.

2 The proposed action as planned may have a significant impact on the environment unless prescribed mitigation measures are accomplished. The final recommendation will contain a full description of all required mitigation and monitoring necessary to ensure that no significant impacts will occur. These measures will be made a part of the FONSI and incorporated into project design.

3 The proposed action cannot proceed as planned without a significant impact on the environment. However, a reasonable alternative to the proposal that was not originally evaluated in the EA can proceed without a significant impact. The final recommendation from the EIRB will contain a full description of the new preferred alternative and direct the EA to be revised appropriately.

4 A FONSI for the proposed action is inappropriate; significant impacts can be avoided only if the "no action" alternative is selected. The final recommendation will be to begin an EIS if the action proponent wishes to continue with the proposal. The determination should describe the significant impacts that cannot be avoided.

(b) Upon considering the EA and the conclusion of the environmental staff, the EIRB will prepare a recommended course of action (to include a draft FONSI, if appropriate) for consideration by the CG/CO.

(4) CG/CO. The CG/CO, upon consideration of the EA conclusion and EIRB recommendation, will take one of the following three actions:

(a) Finalize, approve, and issue a FONSI and initiate a course of action for proceeding with the selected action.

(b) For proposed actions which fall within one of the following categories set forth in paragraph 12104.5e, forward the proposed FONSI, EA, and a recommended course of action to the CMC (LF) for review and approval before the CG/CO signs the FONSI.

(c) Direct the preparation of an EIS if the action sponsor intends to proceed with the proposed action.

e. Coordinate with the CMC (LF)

(1) A recommended finding by the CG/CO to proceed with an EIS will be coordinated with the CMC (LF).

(2) For proposed actions which fall within one or more of the following categories, the CG/CO will forward the proposed FONSI, EA, and recommended course of action to the CMC (LF) for review and appropriate action:

(a) The proposed action is, or is closely similar to, one which normally requires the preparation of an EIS;

(b) The proposed action is of a nature that is without precedent;

(c) The proposed action is to develop substantial acres of undeveloped land; and/or

(d) The proposed action has or can be expected to have substantial public or congressional interest.

(3) Commands must promptly submit a copy of all published FONSI's and related EIRB recommendations (in the form of minutes taken during board meetings) to the CMC (LF).

f. Content of EA (40 CFR 1508.9). EA preparation should follow the basic format provided in paragraph 12104.6e. Following this format, the EA should:

(1) Describe the proposed action,

(2) Briefly discuss the need for the action,

(3) Describe reasonable alternatives considered (including the "no-action" alternative),

(4) Describe the existing environment at the proposed site, and

(5) Describe the potential environmental impacts of the proposal and alternatives considered. Pay special attention to the following actions:

(a) Address the potential impact on endangered or threatened species, and/or their habitat.

(b) Satisfy the requirements of the General Conformity Rule under section 176(c) of the CAA.

(c) Satisfy EO 12898, March 14, 1994, and the DoD Strategy on Environmental Justice by identifying and addressing in the EA disproportionately high and adverse human health and environmental effects of Federal programs, policies, and activities on minority and low-income populations. See paragraph 12103.2m for more information on environmental justice.

(d) Address the potential impacts to: 1) property on, or eligible for, listing in the NRHP, and 2) archaeological resources to comply with the NHPA and the Archaeological Resources Protection Act.

(6) Describe any avoidance, mitigation, or environmental monitoring requirements.

(7) List the agencies and persons consulted.

(8) Include in the appendix substantive comments, replies, and consultation correspondence from agencies or entities with relevant expertise.

g. Preparation of a FONSI

(1) Signature Authority. If the CG/CO approves of the recommendation by the EIRB for a FONSI, the CG/CO will finalize and sign the FONSI. For actions described in paragraph 12104.5e above, the CG/CO will seek the CMC (LF) review and approval before signing the FONSI.

(2) Contents. The FONSI will consist of a brief summary of the EA. Each main section of the EA (as described in paragraph 12104.5f above) will be summarized in the FONSI, excluding the list of agencies, consultants, and correspondence. A Notice of the Availability (NOA) of a FONSI may be published in local newspapers vice the entire FONSI text.

(3) Publication

(a) Unless the proposed action meets one of the conditions in paragraph 12104.5g(3)(b) below, the action sponsor is responsible for publishing the signed FONSI or the NOA in local newspapers for at least 3 consecutive days if practicable (preferably over a weekend to ensure higher public visibility). The proposed action may begin once publication is effected.

(b) If the proposed action involves one of the following two conditions, the action sponsor must make the FONSI available for public review (including in state-and area-wide clearing-houses and forward the FONSI to the CMC (LF) for publication in the Federal Register) for 30 days before making the final determination whether to prepare an EIS and before the action may begin. The conditions are:

1 The proposed action is, or is closely similar to, one which normally requires the preparation of an EIS (e. g., there is a reasonable argument for the preparation of an EIS).

2 The nature of the proposed action is without precedent (e. g., if it is an unusual case, a new kind of action, or a precedent-setting case such as a first intrusion of even a minor development into a pristine area).

6. EIS (40 CFR 1502.1)

a. Overview. An EIS provides a full and unbiased discussion of significant environmental impacts and informs decision makers and the public of the reasonable alternatives that would avoid or minimize adverse impacts or enhance the quality of the human environment. Briefly, the EIS process includes public "scoping," the issuance of a draft EIS (DEIS), a final EIS (FEIS), a supplemental EIS (if applicable), and the opportunity for public comment. The process culminates in the issuance of a Record of Decision.

b. Significantly. As defined in paragraph 12105, Terms and Definitions, the term "significantly" provides a basis for determining whether a proposed action significantly affects the quality of the human environment. While all aspects of the definition are important, commands should pay special attention to the issues set forth below:

(1) The Geographical Extent of the Action (40 CFR 1508.27(b)(3)). For example, construction and land use modification to support a limited maneuver or training exercise by an individual command may not have a significant effect on the environment. However, training exercises on a broad geographic scale involving diverse natural areas could have a significant effect on environmental quality.

(2) The Long-Term Impact of the Action (40 CFR 1508.27(b)(6,7)). Maintain an objective overview toward the magnitude of environmental effects of both the immediately contemplated action and future actions for which the proposed action may serve as a precedent and which may result in a cumulatively significant impact.

(3) The Risk Potential (40 CFR 1502.22, 1508.27(b)(5)). For example, even though the environmental impact of an efficiently and safely operated fuel depot may not be significant, if a massive oil spill is reasonably foreseeable in the lifetime of the project, the effects of an oil spill could render significant the effects of construction or operation of such a depot.

(4) Sites having existing or possible historic, architectural, or archaeological interest (40 CFR 1508.27(b)(8)) (see chapter 8 of this Manual).

(5) The potential impact on endangered or threatened species, and/or their "critical habitat" as designated by USFWS or NMFS (40 CFR 1508.27(b)(9)) (see chapter 11 of this Manual).

c. Actions for which an EIS Must Be Prepared

(1) The following are examples of actions which probably will significantly impact the quality of the human environment or which may have controversial environmental effects:

(a) Large dredging projects or dredging projects where dredged material disposal may result in significant impacts;

(b) Proposed major construction and the filling of tidelands or wetlands;

(c) Establishment of major new installations;

(d) Major land acquisitions or military operations that will result in changed use of the properties;

(e) New sanitary landfills; and

(f) Disposal of biological or chemical munitions, pesticides, or herbicides other than in the manner in which they are authorized for use or disposal.

(2) When an action is among those listed above, closely analogous to the same, or when an EA indicates that impacts are significant or environmentally controversial, the action sponsor must prepare an EIS using the procedures outlined in this chapter.

d. EIS Preparation

(1) General (40 CFR 1502.2). To achieve the NEPA goal of preparing a concise and useful statement, action sponsors must prepare an EIS per the format in paragraph 12104.6e, following these guidelines:

(a) Write an analytic, rather than encyclopedic, EIS;

(b) Discuss impacts in proportion to their significance. Briefly discuss issues which are less significant. As in an FONSI, write only enough to show why more study is not warranted;

(c) Keep the EIS concise and no longer than is necessary to comply with NEPA, these regulations, and regulations issued by the CEQ. Length should vary first with potential environmental issues and then with project scope;

(d) Outline the criteria for selecting alternatives;

(e) Outline the range of alternatives, including a "no action" alternative, which are discussed in the EIS and which are to be considered by the ultimate decision maker or by the lead agency if the DoD is a cooperating agency;

(f) Cognizant commands must not make irreversible commitments of resources that change the physical environment before making a final decision;

(g) To satisfy EO 12898, March 14, 1994, and the DoD Strategy on Environmental Justice, identify and address in the EIS disproportionately high and adverse human health and environmental effects of Federal programs, policies, and activities on minority and low-income populations. See paragraph 12103.2m for more information on environmental justice.

(2) Document Length (40 CFR 1502.7). The text of the EIS normally should be less than 150 pages. For proposals of unusual scope or complexity, the EIS normally should be less than 300 pages. Restrict the document to pertinent facts, excluding material not directly applicable to the expected impact. The EIS must contain sufficient information and baseline data to support the conclusions reached. Data may be included in the EIS as appendices.

(3) Scoping (40 CFR 1501.7) and Lead and Cooperating Agencies (40 CFR 1501.5,6)

(a) The scoping process will:

1 Invite the participation of affected Federal, state, and local agencies, any Native American tribe, minority and low-income populations, and other interested persons.

2 Determine the scope and the significant issues to be analyzed in depth in the EIS.

3 Identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental review. Narrow the discussion of these issues in the statement to a brief presentation of why they will not have a significant effect on the human environment or provide a reference to their coverage elsewhere.

4 Allocate assignments for the preparation of the EIS among the lead and cooperating agencies, with the lead agency retaining responsibility for the statement.

5 Indicate any public EA's and other EIS's which are being, or will be, prepared and that are related to, but are not part of, the scope of the impact statement under consideration.

6 Indicate the relationship between the timing of the preparation of an EIS and the agency's tentative planning and decisionmaking schedule.

7 Identify other environmental review and consultation requirements (e. g., section 7 of the ESA, the compliance requirement of the NHPA, CAA Conformity, or the CZMA), so the lead and cooperating agencies may prepare other required analyses and studies concurrently with the EIS.

8 Identify environmental permits and regulatory agency approvals required for the project and the relationship between the timing of permits and approvals with the start of the proposed action.

(b) These scoping functions may be carried out in the context of a public, informal meeting at which written responses or oral presentations resulting from the public notices may be received. Such meetings, while not mandatory, may be held whenever practicable. There is no authority for the payment of expenses incurred by any person(s) in the preparation and presentation of information at these meetings.

(4) Public Notification (40 CFR 1506.6). As soon as practicable after the cognizant command has determined that an EIS is required and the proper chain of command has been notified, undertake the following efforts to involve agencies and the public appropriately and to focus the environmental analysis on the significant issues:

(a) The Command EIRB drafts a Notice of Intent (NOI) to prepare an EIS and forwards it to the installation CG/CO for approval. The CG/CO forwards the approved NOI to the CMC (LF) for HQEIRB review and approval. If approved, the Deputy Chief of Installations and Logistics (DC/S, I& L) or designee signs the NOI.

(b) The CMC (LF) must publish the NOI to prepare an EIS in the Federal Register.

(c) Action sponsors must mail the NOI to national organizations that the cognizant command reasonably expects to be interested in the matter. In all cases, the cognizant command must mail the notice to those who have requested it.

(d) The NOI will:

1 Solicit the comments and suggestions of affected Federal, state, and local agencies, any affected Native American tribes, Hawaiian interest groups, the proponent of the action, and any other interested persons (including those who might not be in accord with the action on environmental grounds).

2 Briefly describe the proposed action and the scoping process to be undertaken.

3 If a scoping meeting is to be held, include a public notice of such meeting. This notice may be published separately from the NOI, but must be published no less than 15 days before the scheduled meeting, regardless of whether it is an individual notice or part of the NOI.

4 Be mailed directly to concerned agencies, organizations, and individuals and may be published in local newspapers.

(e) Per EO 12898, March 14, 1994, whenever practicable and appropriate, the NOI and announcement of the scoping meeting must be translated for non-English speaking populations.

(f) In the case of an action with effects of local concern primarily, the notice may include compliance with the affected state's public notice procedures of comparable actions.

(5) Time Limits (40 CFR 1501.8)

(a) Commands commencing the preparation of an EIS are encouraged to set time limits with due regard for operational requirements and the public and agency comment periods established by CEQ regulations at 40 CFR 1506.10. State or local agencies or members of the public may request that the cognizant command set time limits on the NEPA process. In determining time limits for completing an EIS, the command may consider the following factors:

1 Potential for environmental harm;

2 Size of the proposed action;

3 State-of-the-art analytic techniques;

4 Degree of public need for the proposed action, including the consequences of delay;

5 Number of persons and agencies affected;

6 Degree to which relevant information is known, and if not known, the time required for obtaining it;

7 Degree to which the action is controversial; and/or

8 Other time limits imposed on the agency by law, regulation, or EO.

(b) Time limits may also be set for the NEPA process as a whole.

e. Format (40 CFR 1502.10-1502.18). Print the document on 8-1/2 by 11-inch bond paper; fold-out sheets may be used as long as the 11-inch vertical dimension is retained. Use the following format for all EIS documents and, as appropriate, for EA documents:

(1) Cover Sheet. The one-page cover sheet includes the following:

(a) A list of the responsible agencies, including the lead agency and any cooperating agencies;

(b) The title of the proposed action that is the subject of the environmental analysis (and if appropriate, the titles of related cooperating agency actions), together with states, counties, and other jurisdictions where the action is located;

(c) The name, address, and telephone number of the person at the responsible command who can supply further information;

(d) A designation of the analysis as an EA, DEIS, FEIS, or draft or final supplement;

(e) A one-paragraph abstract of the analysis; and

(f) The date by which comments must be received.

(2) Summary. The summary appears at the beginning of the document, immediately following the cover sheet, usually will not exceed 15 pages, and includes the following:

(a) Indication of whether the analysis is an EA, DEIS, or FEIS;

(b) The name of the action and whether it is administrative or legislative;

(c) A brief description of the action and what geographical region (including state and county, as applicable) is particularly affected;

(d) A summary of the adverse environmental impacts and mitigating actions considered. This summary includes a statement as to whether the action is subject to the General Conformity Rule under section 176(c) of the CAA, and if so, whether applicable requirements have been met.

(e) A list of considered alternatives;

(f) A statement as to whether the action may have a significant environmental impact or may be environmentally controversial;

(g) For DEIS's, a list of all Federal, state, and local agencies from which comments have been requested. For FEIS's, a list of all Federal, state, and local agencies and other sources from which written comments have been received; and

(h) The dates the DEIS and FEIS were made available to the CEQ and public.

(3) Purpose and Need. This section, which actually begins the body of the analytic portion of the document, briefly specifies the underlying need for the project and its objectives for which the Marine Corps or action sponsor is presenting the proposed action and alternatives. It succinctly and objectively justifies the proposed action and explains the essential requirements that must be satisfied to achieve the purposes of the proposed action.

(4) Alternatives, Including the Proposed Action

(a) This section is the heart of the EA or EIS. Based on the information and analysis presented in the next sections entitled "Existing Environment" and "Environmental Consequences," it presents the environmental impacts of the proposal and the alternatives in a comparative (matrix) form, thus sharply defining the issues and providing a basis for choice among the options by the decision makers and the public.

(b) Rigorously explore and objectively evaluate all reasonable alternative actions, particularly those actions that might enhance environmental quality or avoid some or all of the adverse environmental effects. Include, where relevant, alternatives to the proposed action not within the existing authority of the agency. If applicable, conduct an analysis of such alternatives, and report the results relating to their environmental benefits, costs, and risks. This analysis should accompany the proposed action through the agency review process. If a cost/benefit analysis relevant to the choice among environmentally different alternatives is prepared, discuss the relationship between the analysis and any analysis of unquantified environmental impacts, values, and amenities (40 CFR 1502.23). The analysis evaluates qualitative and quantitative considerations, including factors not related to environmental quality, that are likely to be relevant and important to a decision. This process will prevent a premature foreclosure of options that might enhance environmental quality or have less detrimental effects.

(c) Alternatives include, but are not limited to, the following examples:

1 Taking no action;

2 Postponing action;

3 Selecting actions of a substantially different nature that would meet mission and project objectives and have different environmental impacts;

4 Adopting different designs or details of the proposed action that would present different environmental impacts (including mitigation measures); and

5 Those alternatives not within the authority of the Marine Corps or action sponsor to implement but that would still meet project objectives.

(d) In each case, the analysis should be sufficiently detailed to reveal the agency's comparative evaluation of the proposed action and each reasonable alternative. In all cases, however, evaluate the alternatives of not proceeding with the proposed action. Throughout the EA or EIS, structure the discussion and analysis to prevent a premature foreclosure of options that might enhance environmental quality or have less detrimental effects.

(5) Existing Environment of the Proposed Action. The EA or EIS succinctly describes the environment of the affected area as it exists prior to consideration of the proposed action, including existing and anticipated uses and activities in the area (i. e., a baseline description from which to compare the probable impact). The descriptions will be no longer than necessary to understand the effects of the proposed action. In the analysis, present the interrelationship of other Federal and non-Federal actions that might cause cumulative environmental impacts with the proposed action. The amount of detail provided in such descriptions will be commensurate with the extent and impact of the action and with the amount of information required at the particular level of decisionmaking.

(6) Environmental Consequences. This section forms the scientific and analytic basis for the comparison of impacts presented in the alternatives section. The discussion will include the proposed action, any adverse environmental impacts that cannot be avoided should the proposal be implemented, the relationship between short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and any irreversible or irretrievable commitments of resources that would be involved in the proposal should it be implemented. This section does not duplicate the discussions in the alternatives section. It includes several discussions:

(a) Direct effects and their significance; i. e., an analysis of the positive and negative effects of the proposed action. The attention given to different factors varies according to the nature, scale, and location of proposed actions. Give primary attention to a discussion of those factors most evidently impacted by the proposed action.

(b) Indirect effects and their significance. Include secondary or indirect consequences for the environment in the analysis. Many major Federal actions, especially those that involve construction (e. g., new installation or joint use of an installation), stimulate or induce secondary effects in the form of associated investments and changed patterns of social and economic activities. Such secondary effects, by their impact on existing community facilities and activities, by inducing new facilities and activities, or by changes in natural conditions, often are more substantial than the primary effects of the original action. For example, estimate the effects of the proposed action on population and growth impacts, if they may be significant. Evaluate the effect of any possible change in population patterns or growth upon the resource base, especially those that may impact low-income and minority populations, including impacts on land use, water resources, and public services of the area in question. Consider major Federal actions that may cause indirect effects on the natural and physical environment off site or later in time.

(c) Possible conflicts between the proposed action and the objectives of Federal, state, and local (and in the case of a reservation, Native American tribe) land use plans, policies, and controls. Discuss how the proposed action will conform or conflict with the objectives and specific terms of approved or proposed Federal, state, and local land use plans, policies, and controls for the area affected, including those developed in response to environmental legislation. Where a conflict or inconsistency exists, describe the extent to which the agency has reconciled its proposed action with the plans, policies, or controls. In the absence of full reconciliation, document justification for any decision to proceed.

(d) The environmental effects of alternatives, including the proposed action. Base comparisons as outlined in paragraph 12104.6e(4) preceding.

(e) Energy requirements and conservation potential of various alternatives and mitigation measures. Address the energy impact of the proposed action and alternatives.

(f) Any irreversible or irretrievable commitments of resources that would be involved if the proposed action is implemented. From a survey of unavoidable impacts, identify the extent to which the action irreversibly curtails the range of potential uses of the environment. "Resources" (both renewable and nonrenewable) means the natural and cultural resources committed to, or lost by, the action, as well as labor, funds, and materials committed to the action.

(g) The relationship between local short-term use of the environment and maintenance and enhancement of long-term productivity. Briefly discuss the extent to which the proposed action involves trade-offs between short-term environmental gains and the expense of long-term losses (and vice versa). Discuss the extent to which the proposed action forecloses future options. In this context, "short-term" and "long-term" do not refer to any fixed time periods, but should be viewed in terms of the environmentally significant consequences of the proposed action.

(h) Urban quality, historic and cultural resources, and the design of the built environment, including the reuse and conservation potential of various alternatives and mitigation measures.

(i) Ways to mitigate and/or monitor adverse environmental impacts (if not previously discussed). When appropriate, discuss mitigation measures in the form of avoidance, design modification, rehabilitation, preservation, or compensation; address the extent of countervailing benefits derived from implementing mitigation measures and/or monitoring programs to avoid or reduce some or all of the adverse environmental effects. In the EIS, mitigation measures and monitoring programs, including implementing feasibility and funding availability, should be discussed in the context of "potential mitigation measures" and "potential monitoring programs." The decision to commit to a particular mitigation measure or monitoring program is made in the Record of Decision (ROD). In many cases, mitigation measures should also be coordinated with cognizant regulatory agencies.

(j) Cumulative impacts as appropriate and in context with the scope and magnitude of the proposed action.

(k) Any probable and unavoidably adverse environmental effects should the proposal be implemented. Briefly discuss those effects that are adverse, not amenable to mitigation, and unavoidable under the proposed action.

(7) List of Preparers. Prepare environmental statements using an interdisciplinary approach that will ensure the integrated use of the natural and social sciences and the environmental design arts. To verify that this approach was undertaken, list the names, together with the qualifications (expertise, experience, professional disciplines) of the persons primarily responsible for preparing the EA or EIS, or significant background papers, including basic components of the statement. Where possible, identify the persons who are responsible for the particular analysis, including analyses in background papers. Normally the list will not exceed two pages.

(8) Distribution List. Include in the document a complete distribution list, including the names and addresses of all the organizations, agencies, and individuals to whom copies of the statement are to be sent.

(9) Correspondence. List all Federal, state, and local agencies, and their records of correspondence related to the proposed action, from which comments and coordination have been requested.

(10) Appendix. An appendix to an EIS is optional; however, if used, it will:

(a) Consist of material prepared in connection with an EIS (as distinct from material that is not so prepared and that is incorporated by reference).

(b) Normally include material that substantiates any analysis fundamental to the impact statement.

(c) Normally be analytic and relevant to the decisions to be made.

(d) Circulate with the EIS or be readily available upon request.

f. Incorporation by Reference (40 CFR 1502.21). As much as possible, commands preparing environmental statements must incorporate material into an EIS by reference when the effect will cut down on bulk without impeding agency and public review of the action. Cite the incorporated material in the statement and briefly describe its contents. Do not incorporate material by reference unless it is reasonably available for inspection by potentially interested persons within the time allowed for comment. Do not incorporate by reference material based on proprietary data that is itself not available for review and comment.

g. Incomplete or Unavailable Information (40 CFR 1502.22). For the purposes of this section, "reasonably foreseeable significant adverse impacts" include those impacts which have catastrophic consequences, even if their probability of occurrence is low, provided that the analysis of the impacts is supported by credible scientific evidence, is not based on pure conjecture, and is within the rule of reason. When the command preparing the EIS is evaluating reasonably foreseeable significant adverse effects on the human environment and there is incomplete or unavailable information, it must make clear that such information is lacking. For such situations it can take the following actions:

(1) Include the information in the EIS if the incomplete information relevant to reasonably foreseeable significant adverse impacts is essential to a reasoned choice among alternatives and the overall costs of obtaining it are not exorbitant.

(2) Include the following items in the EIS, if the information relevant to reasonably foreseeable significant adverse impacts cannot be obtained because the overall costs of obtaining it are exorbitant or the means to obtain it are not known (e. g., the means for obtaining it are beyond the state of the art):

(a) A statement that such information is incomplete or unavailable;

(b) A statement of the relevance of the incomplete or unavailable information to evaluating reasonably foreseeable significant adverse impacts on the human environment;

(c) A summary of existing credible scientific evidence that is relevant to evaluating the reasonably foreseeable significant adverse impacts on the human environment; and

(d) The action sponsor's evaluation of such impacts based on theoretical approaches or research methods generally accepted in the scientific community.

h. The CMC (LF)/SECNAV Review of DEIS/FEIS. Following the Command EIRB recommendation, the installation CG/CO forwards the DEIS and FEIS to the CMC (LF) for HQEIRB approval. If approved by the HQEIRB, the DEIS or FEIS is forwarded to the DC/S(I& L) or designee for approval. If approved, the document is forwarded to SECNAV or a designee for signature. The CMC (LF) must deliver copies of the document to Environmental Protection Agency (EPA) Headquarters. The action sponsor distributes the DEIS or FEIS to interested parties.

i. ROD (40 CFR 1505.2)

(1) The ROD is a public record of the decision selecting one alternative for implementation from among the alternatives considered in detail in an EIS. The document, as proposed by the activity/action sponsor, will be finalized by the CMC (LF) on behalf of the HQEIRB and will state the decision, identify the alternatives considered (including those that were environmentally preferable), and discuss all factors, including non-environmental considerations, that influenced the decision. The ROD will commit the action sponsor to the appropriate mitigation, if applicable, to minimize environmental harm, and to identify those measures that were considered, but not selected, for implementation. Additionally, any monitoring program associated with selected mitigation measures will be addressed.

(2) The ROD must be drafted by the command in coordination with the CMC (LF) environmental planning staff. The Command EIRB must review the ROD and forward it with its recommendation to the installation CG/CO for approval. The CG/CO must forward the ROD to the CMC (LF) for consideration by the HQEIRB and approval. The CMC (LF) must forward the ROD to the SECNAV or a designee for signature. The CMC (LF) must publish the signed ROD in the Federal Register, and the command or action sponsor publishes the document in the local newspaper(s) and mails it to appropriate agencies, organization, and individuals.

7. Other Actions

a. Continuing Activity(ies)

(1) NEPA documentation is required for continuing activities (ongoing activities which are presently being carried out in fulfillment of the Marine Corps mission, including existing training functions) under the following circumstances:

(a) Where the currently occurring environmental effects of the activity have not been previously evaluated in a NEPA document, and there is a discovery that substantial environmental degradation is occurring, or is likely to occur, as a result of ongoing operations (e. g., a discovery that significant beach erosion is occurring as a result of continuing amphibious exercises, new designation of wetland habitat, or discovery of an endangered species residing in the area of the activity).

(b) There is a discovery that the environmental effects of an ongoing activity are significantly and qualitatively different or more severe than predicted in a NEPA document prepared in connection with the commencement of the activity.

(c) There is a substantial change in a continuing activity (such as a substantial change in operational tempo, area of use, or in methodology/equipment) which has the potential for significant environmental impacts. Such a change should be considered a proposal for a new action and be documented accordingly. Preparation of a NEPA document is not a necessary prerequisite, nor a substitute, for compliance with other environmental laws.

(2) Many installation operations may qualify as "continuing activities." Since NEPA documentation is required for continuing activities under certain circumstances, action sponsors must coordinate all continuing activities with the installation environmental planning staff. The environmental baseline for continuing activities is the present condition at the installation and not a pristine condition. Should an EA or an EIS be required for a continuing activity, the no-action alternative is to continue the activity under the current condition at the installation.

(3) When a continuing activity has the potential for significant environmental degradation, or when required by the affected installation environmental planning staff, the action sponsor must provide a brief on the action to the affected installation EIRB. This brief will include a description of the proposed action, the need for the proposed action, and the objectives to be obtained by the proposed action. The description of the proposed action should include the proposed training, its location, and its timing.

b. Contractor Involvement in NEPA Documentation (40 CFR 1506.5). An EIS, like an EA, frequently is prepared by a contractor. To obtain unbiased analyses, the contractor must be selected in a manner avoiding any conflict of interest. Therefore, contractors will execute disclosure statements prepared by the Marine Corps which specify that the contractors have no financial or other interest in the outcome of the project. Closely monitor contractor efforts throughout the contract to ensure an adequate document and also to avoid extensive, time consuming, and costly revisions. Continuously involve project planners, action sponsors, and area land managers.

c. Cooperation with Federal, State, and Local Agencies (40 CFR 1506.2). To eliminate duplication with Federal, state, and local procedures and to fully address their requirements, commands must cooperate with other agencies as much as possible. Such cooperation could include:

(1) Joint planning processes.

(2) Joint environmental research and studies, including assessments of the presence or special needs of minority and low-income groups (including foreign language interpretation and collection and analysis of demographic characteristics).

(3) Joint public hearings (except where otherwise provided by statute).

(4) Joint EA's or EIS's.

d. Administrative Record. The administrative record is a critical component of the NEPA process. The administrative record consists of all documents and materials (including intra-office e-mails) directly or indirectly considered by the decision maker. Should a decision be challenged, a reviewing court will review the decision primarily (if not solely) based on the administrative record. The decision maker is responsible for assembling and maintaining the administrative record. To this end, commanders/supervisors/officers-in-charge must ensure that all administrative record documents and materials are properly maintained and readily retrievable upon request.

e. Classified EA and EIS Documents (40 CFR 1507.3(c))

(1) The fact that a proposed action is of a classified nature does not relieve the action sponsor from complying with the requirements of this chapter. Prepare, safeguard, and disseminate the DEIS and FEIS, as well as the EA, per the requirements applicable to classified information. When feasible, organize these documents in such a manner that classified portions are included as appendices so the unclassified portions can be made available to the public. Coordinate the review of classified NEPA documentation with the EPA for requirements applicable to section 309 of the CAA.

(2) In rare circumstances where even public notice of the desired action would disclose classified information, there is no "proposal" under NEPA and neither an EA nor an EIS is required. Plans for actions that would disclose the presence of nuclear weapons, for example, do not constitute "proposals" under NEPA. The CMC (LF) must review and approve such instances and may direct that environmental factors be considered using other internal procedures that provide decision makers with information of an equivalent quality to that produced under NEPA. For actions involving nuclear weapons, the internal procedures ensure that the following elements are addressed:

(a) A description of the worst case accident considering the particular weapons involved,

(b) The best estimate of accident probabilities,

(c) Alternative site impact information, and

(d) Additional information on potential land contamination and cleanup.

(e) An EA or EIS containing classified information, or other information for which the public release is prohibited by law, serves the same purpose as an EA or EIS without classified material, even though not all of its contents are subject to public review and comment. The entire package must accompany the proposal through the decisionmaking process. The content of an EA or an EIS containing portions that cannot be released to the public must meet the same overall content requirements applicable to a fully published EA or EIS.

f. Emergency Actions. Where emergency circumstances outside Marine Corps control make it necessary to take an action with significant environmental impact without observing the provisions of CEQ regulations, the Marine Corps must consult with the CEQ about alternative arrangements. Action sponsors must contact the CMC (LF), as soon as practicable, to allow consultation with SECNAV and the CEQ. The CMC (LF) will consult with the CEQ and make alternative arrangements as appropriate with the CEQ to effect NEPA compliance for emergency actions. Alternative arrangements are limited to those aspects of a proposal that must proceed on an emergency basis. Remaining action to be taken is subject to normal NEPA review. Ordinarily, the failure to plan properly does not establish an emergency. Note: Regulations implementing other environmental laws (e. g., CWA and ESA) contain requirements for consultation with the applicable regulatory agencies for actions taken relative to emergency circumstances.

g. Acquisition Programs

(1) As described in DoD Regulation 5000.2-R, Mandatory Procedures for Major Acquisition Programs and Major Automated Information System Acquisition Programs, DoD policy sets forth a process that requires the program manager to manage the DoD Overseas Environmental Base Guidance Document and the Final Governing Standards/Japan Environmental Governing Standards requirements during the development of the EA/EIS documentation process, to manage environmental requirements throughout the life-cycle of the acquisition program, and to maintain a documented record called a Programmatic Environmental Safety and Health Evaluation (PESHE). Compliance with NEPA or EO 12114, Environmental Effects Abroad of Major Federal Actions, January 4, 1979, is required when a proposed action within an acquisition program will impose a physical effect on the natural environment.

(2) DoD Regulation 5000.2-R, Mandatory Procedures for Major Defense Acquisition Programs and Major Automated Information System Acquisition Programs, provides a format for the action sponsor's PESHE associated with an acquisition throughout its entire life cycle and measures to mitigate adverse effects. The PESHE is not a NEPA document. The purpose of the PESHE is to ensure that decision makers understand the nature, scope, and timing of an action's potential environmental impacts as that information becomes available. The PESHE describes the system and potential for significant environmental impacts associated with upcoming activities.

(3) Because environmental concerns may develop at any point during the acquisition process, DoD specifications (as described in DoD Regulation 5000.2-R, Mandatory Procedures for Major Defense Acquisition Programs and Major Automated Information System Acquisition Programs) require program managers to maintain the PESHE as current throughout the program life cycle. If the PESHE indicates the requirement of NEPA or EO 12114 documentation, such documentation must be completed before a decision can be made that would have an adverse environmental impact or would limit the choice of reasonable alternatives. Before each milestone, the program manager must summarize the PESHE in the Integrated Program Summary.

(4) Project-specific requirements determine when the potential for significant impacts exists. For example, concept development during early phases of acquisition programs (e. g., concept, exploration, and definition) may use techniques (e. g., computer simulation) that are known not to cause an environmental impact. In other cases, the potential for significant impact may occur during these early phases due to testing and evaluation requirements.

h. Pollution Prevention

(1) The EPA evaluates NEPA documentation for incorporation of pollution prevention measures to assist Federal agencies in acknowledging and receiving credit for commitment to pollution prevention.

(2) The term "pollution prevention" includes equipment or technology modifications; process or procedure modifications; reformulation or redesign of products; substitution of raw materials; and improvements in housekeeping, maintenance, training, or inventory control. During all stages of project formulation, from early planning and NEPA documentation through implementation, action proponents should seek opportunities to incorporate pollution prevention into their programs.

(3) The following list describes areas where pollution prevention opportunities may be appropriately addressed during the NEPA scoping and subsequent environmental review phases:

(a) The definition of the project's purpose and need (it should be clearly identified and not slanted to support the proponent's desires, which could limit pollution prevention options);

(b) The project design specification and standards; (c) The sizing of a project (e. g., a smaller project may affect less habitat, have fewer impacts on soil erosion and water quality, and/or result in less induced growth);

(d) The facility location;

(e) The range of alternatives (e. g., whether pollution prevention opportunities are included);

(f) Rejection of certain alternatives;

(g) Emphasis on environmental requirements (whether the focus is on pollution prevention, source reduction, innovative technologies, or traditional end-of-pipe, add-on controls);

(h) The proposed action's potential to prevent pollution;

(i) The secondary effects of a proposed action, which may discourage pollution prevention; and/or

(j) The mitigation measures incorporated into the proposal (e. g., some mitigation measures may have more pollution prevention benefits than others, and significant pollution prevention measures may require a basic change in the project).

(4) Further guidance on compliance with the PPA, as well as pollution prevention strategies, can be found in chapters 6, 7, and 15 of this Manual.

i. Tiering (40 CFR 1502.20 and 40 CFR 1502.28). CEQ regulations encourage the use of tiering whenever appropriate to eliminate repetitive discussions of the same issues and to focus on the actual issues ripe for discussion at each level of the environmental review. An EA or EIS of broad scope discussing the impacts of a wide-ranging or long-term phased program, referred to as a programmatic EA or EIS, can be followed by an EA or EIS of more narrow scope concentrating solely on issues specific to the actions being considered. Tiering is appropriate when it helps the action sponsor to focus on issues that are ripe for decision and excludes from consideration issues already decided or not yet ripe. This results in a stepped approach to planning and decision making.

(1) Tiering is appropriate when the sequence of statements or analysis is:

(a) From a broad program, plan, or policy (not necessarily site-specific) EIS to a program, plan, or policy statement of lesser scope or to a site-specific EA or EIS. For example, a national program providing for mineral exploration on military-held lands with a subsequent analysis tiered for each installation impacted, or the initiation of a new training apparatus where the use of the apparatus itself may impact the environment, with subsequent tiered analysis at each site proposed for locating such training.

(b) From an EIS on a specific action at an early stage (such as need and site selection) to a supplement (which is preferred) or a subsequent EIS or EA at a later stage (such as environmental mitigation).

(2) Content of Programmatic EIS. In addition to the discussion required by these procedures for inclusion in an EIS, the programmatic EIS will discuss:

(a) A description of the related stages, sites, or actions that may ultimately be proposed in as much detail as presently possible;

(b) The implementing program factors that are known at the time of EIS preparation;

(c) The environmental impacts resulting from establishing the overall program that would be similar for subsequent stages, sites, or actions as further implementation plans are proposed; and

(d) The appropriate mitigation measures that would be similarly proposed for subsequent stages, sites, or actions.

(3) Preparation of a Tiered Analysis

(a) When the subsequent tier itself may have significant impact on the quality of the human environment or when an impact statement is required by these procedures, use the EIS as the analytical document for a staged or site-specific analysis subsequent to the programmatic EIS. Otherwise, document the subsequent tiered analysis with an EA to fully assess the need for an EIS or a FONSI.

(b) In addition to the discussion required by these procedures for inclusion in EA and EIS documents, each subsequent tiered analysis must:

1 Summarize the program-wide issues discussed in the programmatic statements and incorporate discussions from the programmatic statement by reference,

2 Concentrate on the issues specific to the subsequent action, and

3 State where the programmatic document is available for review.

(4) Programmatic EIS's and all the subsequent tiered EIS's will be prepared, circulated, and distributed in the same fashion as required of any other EIS. Commands must prepare, circulate, and distribute tiered EA's and resulting FONSI's per the procedures applicable to EA's.

j. Supplemental Statements (40 CFR 1502.9). Prepare supplements to either a DEIS or FEIS if substantial changes are made in the proposed action and they are relevant to environmental concerns or if significant new circumstances or information arises that is relevant to environmental concerns. Prepare, circulate, and file such supplements in the same fashion as a DEIS or FEIS. Scoping is not required.

k. Procedures for Conducting Public Hearings under NEPA. Conduct hearings as follows:

(1) Guidelines and Standards. The action sponsor, in coordination with the CMC (LF), determines whether a public hearing will be held. Public hearings are appropriate in the following situations:

(a) When the proposed agency action will have a direct or peculiar environmental impact on the people residing in a particular geographic area;

(b) When public organizations or members of the public possess expertise concerning the environmental impact of the action that may not otherwise be available;

(c) When the proposed action is not a classified action, or when there is no overriding concern for national security associated with the proposed action;

(d) When a request for a hearing has been submitted by another agency with jurisdiction over the action and is supported by reasons why a hearing will be helpful; and/or

(e) When a minority or low-income population may be affected.

(2) Preparation

(a) The purpose of the public hearing on a proposed project is twofold. First, the hearing is intended to provide interested members of the general public with relevant information. Second, the hearing affords members of the public an opportunity to present their views of the proposed action. The two foregoing objectives dictate the format for conducting public hearings.

(b) If the proposed action dictates that a hearing be held, the public must be advised of the proposed hearing via the Federal Register at least 15 days prior to the scheduled hearing. This Federal Register notice is in addition to publication in local newspapers. Per EO 12898, March 14, 1994, provide notice, wherever practicable and appropriate, in foreign language local newspapers. Notification should include:

1 The date and time of the meeting, and the phone number of the hearing officer;

2 The request that speakers submit in writing their intention to participate;

3 The suggestion that technical statements or statements of considerable length be submitted in writing;

4 Any time limitation on the length of oral statements;

5 A summary of the proposed action, and the findings contained within the DEIS;

6 Offices/locations where the DEIS is available for examination; and/or

7 A request that any individual or groups with special needs (e. g., accessibility/transportation, need for foreign language interpretation, etc.) notify the agency conducting the hearing.

(c) If feasible, make copies of the DEIS available to the public at an appropriate regional or local location. Also, forward copies of the DEIS to the appropriate state, regional, and metropolitan clearing-house (unless the governor of the state involved has designated some other point for receipt of the information). At the same time the statement is sent to CEQ, the EPA, and other Federal agencies, make the DEIS available to the public at least 15 days prior to public hearings. Use local outlets such as libraries and county commissioners' offices whenever appropriate. As necessary, translate document summaries into languages other than English.

(d) Hold hearings at a time and place readily accessible to civilian organizations and individuals interested in the proposed action. Generally, hearings are preferable in a civilian facility such as a high school auditorium on a weekday evening when such groups can reasonably be expected to attend.

(e) The action sponsor must select a hearing officer who is of appropriate seniority, preferably military, thoroughly familiar with the proposed action, and of suitable temperament to preside at a public meeting at which the news media may attend. While there should be only one hearing officer, he/she may be assisted by other personnel who are also familiar with the proposed action or some phase of it. These personnel may help explain details or specialized portions of the proposed action. Foreign language interpreters should be present, as appropriate.

(f) An experienced court reporter or stenographer may prepare a verbatim or summary written record of the hearing, or the action sponsor may tape the hearing. Append to the record as exhibits all written statements submitted to the hearing officer during the hearing or prior to the record's completion. Add to the record the list of persons attending the hearing, along with the organizations or interests they represent and their addresses. Mail a copy of the hearing to persons who have indicated this desire, subject to the cost of the reproduction.

(3) Format. The following format for the conduct of a hearing is provided as a general guideline. Hearing officers should tailor the format for each hearing as the circumstances dictate to meet the objectives of the hearing. The objectives are to provide information to the public and to record the opinions of interested persons for later evaluation in conjunction with the proposed action.

(a) Apprise the hearing officer of those who attend the hearing. A record of attendance assists in preparing the record, in recognizing individuals who desire to make a statement, and in mailing written answers to persons who desire them. That record can be compiled by having each person attending the hearing complete an individual card indicating name, address, and organization represented, if any, and whether a statement will be made at the hearing. Use an appropriate number of attendants to distribute and collect the cards and to separate cards of those who desire to make a statement from those who do not. The hearing officer may then use the cards as an orderly system for calling upon individuals who desire to make statements. Additionally, those individuals responding to the announcement and requesting opportunity to speak should be asked to provide copies of any remarks for hearing proceedings.

(b) The hearing officer and any assistants first should be introduced, make a brief statement on the purpose of the hearing, state the general ground rules, and welcome any present dignitaries. Explaining the hearing's purpose will be simplified if written copies have been made available to attendees. The hearing officer should inform the attendees that he/she is not authorized to make any decision as to whether the project is to proceed, be modified, or abandoned.

(c) The hearing officer will fully explain what the proposed action entails, including information on alternative courses of action. The hearing officer may call upon one or more assistants to explain any particular phase of the program.

(d) The hearing officer only should answer questions that seek clarification of the action and should not attempt to respond to attacks on it. Include all questions asked in the record of the hearing.

(e) Offer the persons attending the hearing an opportunity to present oral and/or written statements and publicize this opportunity in the Notice of Public Hearing. The hearing officer will ensure that he/she has the name and address of each person submitting an oral or written statement. The attendees should be permitted to submit written statements during the hearing and within a reasonable time following the hearing (normally 2 weeks). Allot a reasonable length of time (3 to 5 minutes) for oral statements. After all other scheduled statements have been completed, offer an opportunity to speak to individuals who desire to make a written or oral statement but did not so indicate on the cards submitted when they entered the meeting.

(f) When it is time to adjourn the meeting, the hearing officer should first thank the attendees. Attendance may warrant an additional hearing, perhaps at another time and location. If so, the hearing officer should announce the intent, but not normally agree to repeat the entire procedure of publishing notice in the Federal Register, etc. At the conclusion of the meeting, the hearing officer should not express any opinion on the merits of the proposals or comments presented at the hearing.

8. Environmental Compliance. See chapter 4 of this Manual for information on policy, responsibility, and procedures for achieving compliance with applicable EO's, and Federal, state, interstate, and regional statutory and regulatory environmental requirements.

12105. TERMS AND DEFINITIONS

1. Action. Broadly interpreted as any proposal initiated by the Marine Corps, including:

a. New activities or projects entirely or partly funded, assisted, conducted, regulated, or approved by the Marine Corps.

b. Substantive changes in continuing actions, such as major changes in operation tempo, areas of use, or in methodology/equipment, where these changes have the potential for significant impact.

c. Specific projects, such as construction or management activities located in a defined geographic area (e. g., Military Construction projects, public/private venture projects, special projects, land acquisition, natural resources management projects, and locally funded projects).

2. Action Sponsor. That individual or organization proposing an action or responsible for implementing an action.

3. Administrative Record. The administrative record is a critical component of the NEPA process and consists of all documents and materials (including intra-office e-mails) directly or indirectly considered by the decisionmaker. Should a decision be challenged, a reviewing court will review the decision primarily (if not solely) based on the administrative record. The decision maker is responsible for assembling and maintaining the administrative record. To this end, commanders/supervisors/officers-in-charge must ensure that all administrative record documents and materials are properly maintained and readily retrievable upon request.

4. Categorical Exclusions (CE) (40 CFR 1508.4). Actions that the DON has determined do not have a significant effect, individually or cumulatively, on the human environment under normal circumstances and for which neither an EA nor an EIS is required. DON CE's are provided in 32 CFR 775.6(f).

5. Command EIRB. A selected group of subject matter experts appointed by the CG/CO of the command. The board reviews environmental documentation to determine if the potential for environmental degradation or public controversy exists. The composition of this Board will include a cross section of the command, and where appropriate, other Marine Corps commands/units and tenants. Members of the board should include the counsel or staff judge advocate; the heads of facilities, environment, and operations/training; the comptroller; public affairs; community plans and liaison office; and any others as determined by the CG/CO. The EIRB will ensure that the documentation is in compliance with NEPA.

6. Continuing Action. NEPA documentation is required for continuing activities (ongoing activities which are presently being carried out in fulfillment of the Marine Corps mission, including existing training functions) under the following circumstances:

a. Where the currently occurring environmental effects of the activity have not been previously evaluated in a NEPA document, and there is a discovery that substantial environmental degradation is occurring, or is likely to occur, as a result of ongoing operations (e. g., a discovery that significant beach erosion is occurring as a result of continuing amphibious exercises, new designation of wetland habitat, or discovery of an endangered species residing in the area of the activity); or

b. There is a discovery that the environmental effects of an ongoing activity are significantly and qualitatively different or more severe than predicted in a NEPA document prepared in connection with the commencement of the activity; or

c. There is a substantial change in a continuing activity (such as a substantial change in operational tempo, area of use, or in methodology/equipment) which has the potential for significant environmental impacts. Such a change should be considered a proposal for a new action and be documented accordingly. Preparation of a NEPA document is not a necessary prerequisite, nor a substitute, for compliance with other environmental laws.

7. Cooperating Agency. Any Federal agency other than a lead agency which has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal (or any reasonable alternative) for legislation or other major Federal action significantly affecting the quality of the human environment. A state or local agency of similar qualifications or, when the effects are on a reservation, a Native American tribe may by agreement with the lead agency become a cooperating agency.

8. Decision Memorandum. A one-page document prepared by/for the action sponsor for an action that is identified under the listed CE's. Generally, the decision memorandum includes a description of the proposed action and the reasons for categorically excluding it. If prepared for the action sponsor, the action sponsor must co-sign the decision memorandum.

9. Environmental Assessment (EA) (40 CFR 1508.9). An EA is a concise document that:

a. Briefly provides sufficient evidence and analysis for determining whether to prepare an EIS or FONSI.

b. Aids Marine Corps compliance with the NEPA when no EIS is necessary.

c. Facilitates preparation of an EIS when one is necessary (i. e., when the contemplated actions are considered to have a potential for significant environmental impact or environmental controversy, and therefore a FONSI is not appropriate).

d. Includes brief discussions of the need for the proposal, reasonable alternatives to the proposed action, environmental impacts of the proposed action, and a list of the agencies and persons consulted.

10. EIS (40 CFR 1502). A NEPA document that provides full and fair discussion of significant environmental impacts of major Federal actions and informs decision makers and the public of the reasonable alternatives that would avoid or minimize adverse impacts or enhance the quality of the human environment. It is used by Federal officials, in conjunction with other relevant materials, to plan actions and make decisions.

a. DEIS. A document normally prepared for actions potentially having a significant impact on the quality of the human environment or having potentially controversial environmental effects. DEIS's are filed with the EPA and distributed to cognizant Federal, state, local, and private agencies, organizations, and individuals for review and comment before preparation of an FEIS.

b. FEIS. A completed statement, normally a separate and additional document from the DEIS, incorporating all pertinent comments and information provided during public and agency review of the DEIS. Responses to all substantive review comments will be contained in the FEIS. The FEIS is filed with the EPA.

c. SEIS (40 CFR 1502.9). A document evaluating changes to either a DEIS or an FEIS necessitated by substantial modifications to the proposed action or significant new circumstances or information that would result in different environmental impacts than those evaluated in the original document. An SEIS may be prepared at any time after the preparation and filing of a DEIS or FEIS; it is filed with the EPA and distributed to recipients of the DEIS and FEIS.

11. FONSI (40 CFR 1508.13). A document in which the Marine Corps briefly presents reasons why an action, not otherwise categorically excluded, will not have a significant effect on the human environment and for which an EIS will not be prepared. A FONSI may be one result of the review of an EA.

12. HQEIRB. A selected group of subject matter experts established at the CMC (LF) to review and assess the content of submitted EIS's and selected EA's.

13. Human Environment (40 CFR 1508.14). The natural and physical environment and the relationship of people with that environment.

14. Impacts (40 CFR 1508.7 and 40 CFR 1508.8). Impacts are synonymous with effects and include direct, indirect, and cumulative impacts.

a. Direct Effect. Effect caused by an action and which occurs at the same time and place as the action.

b. Indirect Effect. Effect also caused by an action and which occurs later in time or farther removed in distance from the action. Indirect impacts include:

(1) Growth-inducing effects.

(2) Effects related to induced changes in the pattern of land use, population density, or growth rate.

(3) Related effects on the human environment, including the natural and physical environment.

c. Cumulative Impact. Impacts which result from the incremental impact of an action when added to other past, present, and reasonably foreseeable future actions, regardless of what agency (Federal or non-Federal) undertakes such actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time.

15. Lead Agency. The agency or agencies preparing or having taken primary responsibility for preparing an EIS.

16. Mitigation (40 CFR 1508.20). Activities that would lessen or modify the adverse impacts associated with a proposed action. Mitigation includes:

a. Avoiding the impact altogether by not taking a certain action or parts of an action. This mitigation measure is preferred.

b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation;

c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and

e. Compensating for the impact by replacing or providing substitute resources or environments.

17. Proposal (40 CFR 1508.23). A "proposal" exists at that stage in the development of an action when the action sponsor has a goal and is actively preparing to make a decision on one or more alternative means of accomplishing that goal and the effects can be meaningfully evaluated. A proposal may exist in fact as well as by agency declaration that one exists.

18. ROD. A concise public document providing a rationale for the alternative selected for implementation as presented in an FEIS. The document, as proposed by the activity/action sponsor, will be finalized by the CMC (LF) on behalf of the HQEIRB and will state the decision, identify the alternatives considered (including those that were environmentally preferable), and discuss all factors, including non-environmental considerations, that influenced the decision. The ROD will commit the action sponsor to the appropriate mitigation, if applicable, to minimize environmental harm, and to identify those measures that were considered, but not selected, for implementation. Additionally, any monitoring program associated with selected mitigation measures will be addressed.

19. Scope (40 CFR 1508.25). "Scope" consists of the range of actions, alternatives, and impacts to be considered in an EA or an EIS. The scope of an individual EA or EIS may depend on its relationships to other EA's or EIS's. To determine the scope of an EA or an EIS, action sponsors must consider 3 types of actions, 3 types of alternatives, and 3 types of impacts. They include:

a. Actions (other than unconnected single actions) which may be:

(1) Connected actions, which means that they are closely related and therefore should be discussed in the same impact statement. Actions are "connected" if they:

(a) Automatically trigger other actions which may require EIS's.

(b) Cannot or will not proceed unless other actions are taken previously or simultaneously, or

(c) Are interdependent parts of a larger action and depend on the larger action for their justification.

(2) Cumulative actions, which when viewed with other proposed actions have cumulatively significant impacts and should therefore be discussed in the same impact statement.

(3) Similar actions, which when viewed with other reasonably foreseeable or proposed agency actions, have similarities that provide a basis for evaluating their environmental consequences together, such as common timing or geography. An action sponsor may wish to analyze these actions in the same EA or EIS. It should do so when the best way to assess adequately the combined impacts of similar actions is to threat them in a single EA or EIS.

b. Alternatives, which include:

(1) No Action alternative.

(2) Other reasonable courses of action.

(3) Mitigation measures (not in the proposed action).

c. Impacts, which may be:

(1) Direct.

(2) Indirect.

(3) Cumulative.

20. Scoping. An early and open process for determining the scope of issues to be addressed and for identifying the significant issues related to a proposed action.

21. Significantly (40 CFR 1508.27). "Significantly" as used in NEPA requires consideration of both context and intensity:

a. Context. This means that the significance of an action must be analyzed in several contexts such as society as a whole (human, national), the affected region, the affected interests, and the locality. Significance varies with the setting of the proposed action. For instance, in the case of a site-specific action, significance would usually depend upon the effects in the locale rather than in the world as a whole. Both short-and long-term effects are relevant.

b. Intensity. This refers to the severity of impact. Responsible officials must bear in mind that more than one agency may make decisions about partial aspects of a major action. The following should be considered in evaluating intensity:

(1) Impacts that may be both beneficial and adverse. A significant effect may exist even if the Federal agency believes that on balance the effect will be beneficial.

(2) The degree to which the proposed action affects public health or safety.

(3) Unique characteristics of the geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas.

(4) The degree to which the effects on the quality of the human environment are likely to be highly controversial.

(5) The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks.

(6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration.

(7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. Significance exists if it is reasonable to anticipate a cumulatively significant impact on the environment. Significance cannot be avoided by terming an action temporary or by breaking it down into small component parts.

(8) The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places or may cause loss or destruction of significant scientific, cultural, or historical resources.

(9) The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of 1973.

(10) Whether the action threatens a violation of Federal, state, or local law or requirements imposed for the protection of the environment.

ENVIRONMENTAL COMPLIANCE AND PROTECTION MANUAL

CHAPTER 12

THE NATIONAL ENVIRONMENTAL POLICY ACT

SECTION 2: MARINE CORPS POLICY

12200. GENERAL

1. The CMC (LF) is the cognizant organization within the Marine Corps for effecting compliance with NEPA and should be consulted regarding Marine Corps interpretation of the procedures contained in this chapter, DON regulations at 32 CFR 775, and the CEQ regulations, as well as any procedural requirements related to NEPA analysis and decisionmaking within the chain of command.

2. As much as possible, the Marine Corps must ensure that it conducts its mission of providing for the national defense in a manner consistent with national environmental policies. In so doing, the Marine Corps recognizes that the NEPA process includes the systematic examination of the likely environmental consequences of implementing a proposed action. To use the NEPA process as an effective decisionmaking tool, action sponsors must integrate this process with other Marine Corps/Navy project planning at the earliest possible time. Doing so ensures that planning and decision making reflect environmental values and avoids delays and potential conflicts.

3. Whenever possible, action sponsors must include pollution prevention alternatives in the NEPA process. In particular, action sponsors must consider life-cycle costs and the options available in employing pollution prevention alternatives to minimize these costs while or when evaluating potential projects or actions.

4. Action sponsors must ensure that, consistent with other national policies and national security requirements, practical means and measures are used to protect, restore, and enhance the quality of the environment; to mitigate adverse consequences; and to attain the following NEPA (section 101) objectives:

a. Attain the widest range of beneficial uses of environmental resources without degradation, risk to health or safety, and other consequences that are undesirable and unintended.

b. Preserve important historic, cultural, and natural aspects of our national heritage and maintain, wherever possible, an environment that supports diversity and a variety of individual choices.

c. Enhance the quality and conservation of renewable resources and work toward the maximum attainable recycling of depletable resources.

d. Achieve a balance between resource use and development within the sustained carrying capacity of the ecosystem involved.

e. Provide the opportunity for public comment and involvement.

5. The command EIRB must include individuals with appropriate expertise to ensure that the document meets the requirements of NEPA, is consistent with the command's operational and master planning goals, and meets the policies and goals of the command in the military and civilian communities.

12201. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) COMPLIANCE. To comply with the NEPA procedural requirements, the Marine Corps must attain the following objectives:

1. Ensure compliance by beginning analysis of the effects of an action at the earliest planning stage.

2. Assess environmental consequences of proposed actions that could affect the quality of the environment in the United States, its territories, and its possessions per the regulations issued by CEQ (40 CFR 1500-1508) and DON (32 CFR 775).

3. Use a systematic, interdisciplinary approach that ensures integrated use of the natural and social sciences and environmental considerations in planning and decision making when an adverse impact on the environment could occur.

4. Consider reasonable alternatives (including the "no-action" alternative) to recommended courses of action in any proposal that involves unresolved conflicts concerning alternative uses of available natural resources.

5. Make available to states, counties, municipalities, institutions, and individuals any advice and information useful toward restoring, maintaining, and enhancing the quality of the environment.

6. Use ecological information when planning and developing resource-oriented projects.

7. Ensure that presently unmeasured environmental amenities are considered in the decisionmaking process.

8. Set time limits appropriate to the proposed action, considering operational requirements, as well as necessary time for public notice and comment periods required under the CEQ regulations (40 CFR 1506.10) as legally applied by the EPA. The EPA publishes a weekly notice in the Federal Register of the EIS's filed during the preceding week. The following time periods calculated from publication of the EPA notice must be followed:

a. The DEIS should be made available to the public 15 days prior to any public hearing or meeting on the DEIS.

b. The FEIS may not be filed less than 45 days after publication of the notice of availability of the DEIS.

c. Prior to any ROD on the proposed action, the DEIS must be available to the public for no less than 90 days, and the FEIS for no less than 30 days.

ENVIRONMENTAL COMPLIANCE AND PROTECTION MANUAL

CHAPTER 12

THE NATIONAL ENVIRONMENTAL POLICY ACT

SECTION 3: RESPONSIBILITIES

12300. CMC (LF)

1. Establish policy and procedures regarding NEPA compliance.

2. Coordinate the CMC (LF) review and disposition of EA's referred by activity CG/CO and all DEIS and FEIS documents through the HQEIRB.

3. Coordinate as appropriate with the CEQ, EPA, Deputy Under Secretary of Defense for Environmental Security, and Office of the Assistant Secretary of the Navy, Installations and Environment regarding NEPA actions elevated to Headquarters level.

4. Coordinate with the command EIRB during preparation of a ROD. The proposed ROD will be drafted to reflect the HQEIRB review of the FEIS and will be forwarded to SECNAV by the CMC (LF) for signature and final disposition.

5. Assist commands with the interpretation of policies, implementation of procedures, and compliance with NEPA in the Marine Corps.

6. Coordinate, as appropriate, with the director of public affairs, for releasing to the public environmental documents per NEPA and other applicable Federal laws.

7. Publish NOI's, announcements of public hearings, and ROD's in the Federal Register.

8. Provide assistance for actions initiated by private persons, state or local agencies, and other non-DON/DoD entities for which DON involvement may be foreseen.

9. Provide support to Marine Corps installations and Marine Corps commands/units and tenants by interpreting Federal, state, local, and overseas NEPA requirements and by uniformly applying Marine Corps policy as set forth in the Manual.

10. Assist installations in resolving disputes with Federal, state, local, and foreign regulatory agencies as required.

11. Ensure, through field visits and the ECE Program, Marine Corps cooperation and compliance with Federal, state, and local regulatory agencies with regard to NEPA regulations.

12301. HEADQUARTERS ENVIRONMENTAL IMPACT REVIEW BOARD (HQEIRB). Receive, review, and provide recommendations, as appropriate, to DC/S (I& L) on DEIS, FEIS, ROD, and those EA/FONSI documents elevated to Headquarters level.

12302. CG's/CO's OF INSTALLATIONS, and COMMANDER MARINE FORCES RESERVES (COMMARFORRES)

1. Designate, chair, and provide for establishing a command EIRB consisting of a cross section of command personnel, including both environmental and legal staff.

2. Designate an individual, not excluding CG's/CO's and commanders, responsible for approval and signature of decision memorandum, in cases where the action has been identified as a CE.

3. Promptly provide FONSI's and minutes of EIRB meetings to the CMC (LF).

4. Decide whether a FONSI is appropriate when the proposed action does not involve any of the circumstances listed at paragraph 12104.5, recommend preparation of a DEIS, or recommend that the action not proceed. The decision must be based on the command EIRB's recommendation.

5. Ensure that adequate funding and personnel are available for environmental review and that appropriate orders include the requirements of planning and funding environmental documents.

6. Ensure that analyses are conducted for the environmental effects of current and proposed actions per DoD regulations, CEQ regulations (40 CFR 1500-1508), and other applicable regulations.

7. As appropriate, encourage public participation in environmental evaluations of projects or programs.

8. Ensure that environmental analysis and the NEPA process are included at the initial planning stages and at each following procedural step or decision milestone in the development of a project or program.

9. Ensure that the administrative record supporting the NEPA process for the proposed action is assembled and maintained.

10. Identify and submit to the CMC (LFL) and the CMC (LFF) project documentation and funding requests for NEPA-related actions that are required to maintain compliance with applicable existing and emerging regulations and permits. Program and budget for personnel, equipment, materials, training, and monitoring required to comply with NEPA requirements. Pay appropriate Federal, state, and local fees. Ensure that the Environmental Management Hierarchy is employed, pollution prevention alternatives evaluated, and life-cycle cost impacts assessed, in evaluating and selecting projects that address compliance requirements.

12303. COMMAND ENVIRONMENTAL IMPACT REVIEW BOARD (EIRB)

1. Ensure that all NEPA documents fully comply with all legal and procedural requirements through a review for technical sufficiency, including but not limited to:

a. Complete analysis of alternatives and their associated impacts,

b. Appropriateness of alternatives analyzed, and c. Appropriateness of proposal as required to coexist with other actions on the installation.

2. Ensure that all NEPA documents have undergone appropriate staff review.

3. Assist the action sponsor in determining whether the proposed action requires the preparation of an EA or EIS.

4. Review the completed EA, and make recommendation to CG/CO for a FONSI, a DEIS, or no-action. The EIRB will draft the proposed FONSI and forward both the EA and FONSI to the CG/CO for signature.

5. If the EA meets one of the requirements discussed in paragraph 12104.5, the EIRB will forward, for the CG/CO, the EA and proposed FONSI to HQEIRB for review and concurrence for approval.

6. Draft NOI, DEIS, and EIS, and forward NOI to CG/CO for approval.

7. Retain on file, for no less than 10 years, copies of all decision memoranda, completed EA's and EIS's, published FONSI statements, ROD's, and minutes taken during EIRB meetings.

8. The EIRB will include the CG's/CO's designated chair, a legal representative, the heads of facilities, environment, operations/training, comptroller, public affairs, community plans and liaison departments, as appropriate, and any others as determined by the CG/CO.

12304. COMMAND ENVIRONMENTAL STAFF

1. Assist the action sponsor to effect NEPA.

2. Provide specific installation guidance related to NEPA.

3. Review NEPA documents and provide technical assistance.

12305. ACTION SPONSORS

1. Provide funds for NEPA documentation and all related ancillary studies and mitigation costs. NEPA funding is not centrally managed. Action sponsors must program funds for NEPA compliance.

2. Coordinate with the command environmental staff at the earliest possible opportunity to determine the level of NEPA documentation required. The command environmental staff will consult with counsel and/or the EIRB when the level of NEPA documentation may be subject to legal or other qualifying interpretations.

3. Prepare or co-sign a decision memorandum if an action is to be categorically excluded. Provide the proposed decision memorandum to the designated signatory for approval. The action sponsor is to maintain the original documentation. Copies of the CE must be made available to the CMC (LF) upon request.

4. Coordinate with the installation environmental staff and fund for the development of an EA or EIS, as appropriate for actions not identified on the list of CE's. 5. Coordinate with the installation environmental staff and fund for the publication of the FONSI, NOI, or ROD, as appropriate, in local newspapers.