[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR230.25]

[Page 311]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 230--PROCEDURES FOR IMPLEMENTING NEPA--Table of Contents
 
Sec. 230.25  Environmental review and consultation requirements.

    See 40 CFR 1502.25.
    (a) For Federal projects, NEPA documents shall be prepared 
concurrently with and utilize data from analyses required by other 
environmental laws and executive orders. A listing of environmental laws 
and orders is contained in table 3.4.3 of Economic and Environmental 
Principles and Guidelines for Water and Related Land Resources 
Implementation Studies. Reviews and consultation requirements, analyses, 
and status of coordination associated with applicable laws, executive 
orders and memoranda will be summarized in the draft document. The 
results of the coordination completed or underway pursuant to these 
authorities will be summarized in the final document. Where the results 
of the ongoing studies are not expected to materially affect the 
decision on the proposed action, the filing of the final EIS need not be 
delayed.
    (b) Executive Order 12114, Environmental Effects Abroad of Major 
Federal Actions, 4 January 1979. For general policy guidance, see 
Federal Register of April 12, 1979, 32 CFR part 197. Procedural 
requirements for Civil Works studies and projects are discussed below.
    (1) The district commander through the division commander will 
notify CECW-PE, PN, PS or PW as appropriate, of an impending action 
which may impact on another country and for which environmental studies 
may be necessary to determine the extent and significance of the impact. 
The district commander will inform CECW-P whether entry into the country 
is necessary to study the base condition.
    (2) CECW-P will notify the State Department, Office of Environment 
and Health (OES/ENH) of the district commander's concern, and whether a 
need exists at this point to notify officially the foreign nation of our 
intent to study potential impacts. Depending on expected extent and 
severity of impacts, or if entry is deemed necessary, the matter will be 
referred to the appropriate foreign desk for action.
    (3) As soon as it becomes evident that the impacts of the proposed 
actions are considered significant, CECW-P will notify the State 
Department. The State Department will determine whether the foreign 
embassy needs to be notified, and will do so if deemed appropriate, 
requesting formal discussions on the matter. When the International 
Joint Commission (IJC) or the International Boundary and Water 
Commission, United States and Mexico (IBWC) is involved in a study, the 
State Department should be consulted to determine the foreign policy 
implications of any action and the proper course of action for formal 
consultations.
    (4) Prior to public dissemination, press releases or reports dealing 
with impact assessments in foreign nations should be made available to 
the appropriate foreign desk at the State Department for clearance and 
coordination with the foreign embassy.

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