[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: 32CFR651.35]

[Page 412-413]
 
                       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. 651.35  Decision process.

    (a) An EA results in either a FNSI or an NOI to prepare an EIS. 
Initiation of an NOI to prepare an EIS should occur at any time in the 
decision process when it is determined that significant effects may 
occur as a result of the proposed action. The proponent should notify 
the decision maker of any such determination as soon as possible.
    (b) The FNSI is a document (40 CFR 1508.13) that briefly states why 
an action (not otherwise excluded) will not significantly affect the 
environment, and, therefore, an EIS will not be prepared. It summarizes 
the EA, noting any NEPA documents that are related to, but are not part 
of, the scope of the EA under consideration. If the EA is attached, the 
FNSI may incorporate the EA's discussion by reference. The draft FNSI 
will be made available to the public for review and comment for 30 days 
prior to the initiation of an action (see Sec. 651.14(b)(2)(iii) for an 
exception). Following the comment period, the decision maker signs the 
FNSI, and the action can proceed. It is important that the final FNSI 
reflect the decision made, the response to public comments, and the 
basis for the final decision.
    (c) The FNSI must contain the following:
    (1) The name of the action.
    (2) A brief description of the action (including any alternatives 
considered).
    (3) A short discussion of the anticipated environmental effects.
    (4) The facts and conclusions that have led to the FNSI.
    (5) A deadline and POC for further information or receipt of public 
comments (see Sec. 651.47).
    (d) The FNSI is normally no more than two typewritten pages in 
length.

[[Page 413]]

    (e) The draft FNSI will be made available to the public prior to 
initiation of the proposed action, unless it is a classified action (see 
Sec. 651.13 for security exclusions). Draft FNSIs that have national 
interest should be submitted with the proposed press release, along with 
a Questions and Answers (Q&A) package, through command channels to 
ASA(I&E) for approval and subsequent publication in the FR. Draft FNSIs 
having national interest will be coordinated with OCPA. Local 
publication of the FNSI will not precede the FR publication. The text of 
the publication should be identical to the FR publication.
    (f) For actions of only regional or local interest, the draft FNSI 
will be publicized in accordance with Sec. 651.14(b)(2). Distribution of 
the draft FNSI should include any agencies, organizations, and 
individuals that have expressed interest in the project, those who may 
be affected, and others deemed appropriate.
    (g) Some FNSIs will require the implementation of mitigation 
measures to reduce potential impacts below significance levels, thereby 
eliminating the requirement for an EIS. In such instances, the following 
steps must be taken:
    (1) The EA must be made readily available to the public for review 
through traditional publication and distribution, and through the World 
Wide Web (WWW) or similar technology. This distribution must be planned 
to ensure that all appropriate entities and stakeholders have easy 
access to the material. Ensuring this availability may necessitate the 
distribution of printed information at locations that are readily 
accessible and frequented by those who are affected or interested.
    (2) Any identified mitigations must be tracked to ensure 
implementation, similar to those specified in an EIS and ROD.
    (3) The EA analysis procedures must be sufficiently rigorous to 
identify and analyze impacts that are individually or cumulatively 
significant.
    (h) The proponent is responsible for funding the preparation, 
staffing, and distribution of the draft FNSI and EA package, and the 
incorporation of public/agency review and comment. The proponent shall 
also ensure appropriate public and agency meetings, which may be 
required to facilitate the NEPA process in completing the EA. The 
decision maker will approve and sign the EA and FNSI documents. 
Proponents will ensure that the EA and FNSI, to include drafts, are 
provided in electronic format to allow for maximum information flow 
throughout the process.
    (i) The proponent should ensure that the decision maker is 
continuously informed of key findings during the EA process, 
particularly with respect to potential impacts and controversy related 
to the proposed action.