[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR651.11]

[Page 394-395]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 651--ENVIRONMENTAL ANALYSIS OF ARMY ACTIONS (AR 200-2)--Table of Contents
 
  Subpart B--National Environmental Policy Act and the Decision Process
 
Sec. 651.11  Environmental review categories.

    The following are the five broad categories into which a proposed 
action may fall for environmental review:
    (a) Exemption by law. The law must apply to DOD and/or the Army and 
must prohibit, exempt, or make impossible full compliance with the 
procedures of NEPA (40 CFR 1506.11). While some aspects of Army 
decision-making may be exempted from NEPA, other aspects of an action 
are still subject to NEPA analysis and documentation. The fact that 
Congress has directed the Army to take an action does not constitute an 
exemption.
    (b) Emergencies. In the event of an emergency, the Army will, as 
necessary, take immediate actions that have environmental impacts, such 
as those to promote national defense or security or to protect life or 
property, without the specific documentation and procedural requirements 
of other sections of this part. In such cases, at the earliest 
practicable time, the HQDA proponent will notify the ODEP, which in turn 
will notify the ASA(I&E). ASA(I&E) will coordinate with the Deputy Under 
Secretary of Defense for Installations and Environment (DUSD(IE)) and 
the CEQ regarding the emergency and subsequent NEPA compliance after the 
emergency action has been completed. These notifications apply only to 
actions necessary to control the immediate effects of the emergency. 
Other actions remain subject to NEPA review (40 CFR 1506.11). A public 
affairs plan should be developed to ensure open communication among the 
media, the public, and the installation. The Army will not delay an 
emergency action necessary for national defense, security, or 
preservation of human life or property in order to comply with this part 
or the CEQ regulations. However, the Army's on-site commander dealing 
with the emergency will consider the probable environmental consequences 
of proposed actions, and will minimize environmental damage to the 
maximum degree practicable, consistent with protecting human life, 
property, and national security. State call-ups of ARNG during a natural 
disaster or other state emergency are excluded from this notification 
requirement. After action reports may be required at the discretion of 
the ASA(I&E).
    (c) Categorical Exclusions (CXs). These are categories of actions 
that normally do not require an EA or an EIS. The Army has determined 
that they do not individually or cumulatively have a substantial effect 
on the human environment. Qualification for a CX is further described in 
Subpart D and Appendix B of this part. In accordance with

[[Page 395]]

Sec. 651.29, actions that degrade the existing environment or are 
environmentally controversial or adversely affect environmentally 
sensitive resources will require an EA.
    (d) Environmental Assessment. Proposed Army actions not covered in 
the first three categories (paragraphs (a) through (c) of this section) 
must be analyzed to determine if they could cause significant impacts to 
the human or natural environment (see Sec. 651.39). The EA determines 
whether possible impacts are significant, thereby warranting an EIS. 
This requires a ``hard look'' at the magnitude of potential impacts, 
evaluation of their significance, and documentation in the form of 
either an NOI to prepare an EIS or a FNSI. The format (Sec. 651.34) and 
requirements for this analysis are addressed in Subpart E of this part 
(see Sec. 651.33 for actions normally requiring an EA). The EA is a 
valuable planning tool to discuss and document environmental impacts, 
alternatives, and controversial actions, providing public and agency 
participation, and identifying mitigation measures.
    (e) EIS. When an action clearly has significant impacts or when an 
EA cannot be concluded by a FNSI, an EIS must be prepared. An EIS is 
initiated by the NOI (Sec. 651.22), and will examine the significant 
environmental effects of the proposed action as well as accompanying 
measures to mitigate those impacts. This process requires formal 
interaction with the public, a formal ``scoping'' process, and specified 
timelines for public review of the documentation and the incorporation 
of public comments. The format and requirements for the EIS are 
addressed in Subpart F of this part (see Sec. 651.42 for actions 
normally requiring an EIS).