[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: 32CFR651.33]

[Page 410-411]
 
                       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 E--Environmental Assessment
 
Sec. 651.33  Actions normally requiring an EA.

    The following Army actions normally require an EA, unless they 
qualify for the use of a CX:
    (a) Special field training exercises or test activities in excess of 
five acres on Army land of a nature or magnitude not within the annual 
installation training cycle or installation master plan.
    (b) Military construction that exceeds five contiguous acres, 
including contracts for off-post construction.

[[Page 411]]

    (c) Changes to established installation land use that generate 
impacts on the environment.
    (d) Alteration projects affecting historically significant 
structures, archaeological sites, or places listed or eligible for 
listing on the National Register of Historic Places.
    (e) Actions that could cause significant increase in soil erosion, 
or affect prime or unique farmland (off Army property), wetlands, 
floodplains, coastal zones, wilderness areas, aquifers or other water 
supplies, prime or unique wildlife habitat, or wild and scenic rivers.
    (f) Actions proposed during the life cycle of a weapon system if the 
action produces a new hazardous or toxic material or results in a new 
hazardous or toxic waste, and the action is not adequately addressed by 
existing NEPA documentation. Examples of actions normally requiring an 
EA during the life cycle include, but are not limited to, testing, 
production, fielding, and training involving natural resources, and 
disposal/demilitarization. System design, development, and production 
actions may require an EA, if such decisions establish precedent (or 
make decisions, in principle) for future actions with potential 
environmental effects. Such actions should be carefully considered in 
cooperation with the development or production contractor or government 
agency, and NEPA analysis may be required.
    (g) Development and approval of installation master plans.
    (h) Development and implementation of Integrated Natural Resources 
Management Plans (INRMPs) (land, forest, fish, and wildlife) and 
Integrated Cultural Resources Management Plans (ICRMPs).
    (i) Actions that take place in, or adversely affect, important 
wildlife habitats, including wildlife refuges.
    (j) Field activities on land not controlled by the military, except 
those that do not alter land use to substantially change the environment 
(for example, patrolling activities in a forest). This includes firing 
of weapons, missiles, or lasers over navigable waters of the United 
States, or extending 45 meters or more above ground level into the 
national airspace. It also includes joint air attack training that may 
require participating aircraft to exceed 250 knots at altitudes below 
3000 feet above ground level, and helicopters, at any speed, below 500 
feet above ground level.
    (k) An action with substantial adverse local or regional effects on 
energy or water availability. Such impacts can only be adequately 
identified with input from local agencies and/or citizens.
    (l) Production of hazardous or toxic materials.
    (m) Changes to established airspace use that generate impacts on the 
environment or socioeconomic systems, or create a hazard to non-
participants.
    (n) An installation pesticide, fungicide, herbicide, insecticide, 
and rodenticide-use program/plan.
    (o) Acquisition, construction, or alteration of (or space for) a 
laboratory that will use hazardous chemicals, drugs, or biological or 
radioactive materials.
    (p) An activity that affects a federally listed threatened or 
endangered plant or animal species, a federal candidate species, a 
species proposed for federal listing, or critical habitat.
    (q) Substantial proposed changes in Army-wide doctrine or policy 
that potentially have an adverse effect on the environment (40 CFR 
1508.18 (b)(1)).
    (r) An action that may threaten a violation of federal, state, or 
local law or requirements imposed for the protection of the environment.
    (s) The construction and operation of major new fixed facilities or 
the substantial commitment of installation natural resources supporting 
new materiel at the installation.