[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: 32CFR651.45]

[Page 416-419]
 
                       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 F--Environmental Impact Statement
 
Sec. 651.45  Steps in preparing and processing an EIS.

    (a) NOI. The NOI initiates the formal scoping process and is 
prepared by the proponent.
    (1) Prior to preparing an EIS, an NOI will be published in the FR 
and in newspapers with appropriate or general circulation in the areas 
potentially affected by the proposed action. The OCLL will be notified 
by the ARSTAF proponent of pending EISs so that congressional 
coordination may be effected. After the NOI is published in the FR, 
copies of the notice may also be distributed to agencies, organizations, 
and individuals, as the responsible official deems appropriate.
    (2) The NOI transmittal package includes the NOI, the press release, 
information for Members of Congress, memorandum for correspondents, and 
a ``questions and answers'' (Q&A) package. The NOI shall clearly state 
the proposed action and alternatives, and state why the action may have 
unknown and/or significant environmental impacts.
    (3) The proponent forwards the NOI and the transmittal package to 
the appropriate HQDA (ARSTAF) proponent for coordination and staffing 
prior to publication. The ARSTAF proponent will coordinate the NOI with 
HQDA (ODEP), OCLL, TJAG, OGC, OCPA, relevant MACOMs, and others). Only 
the Deputy Assistant Secretary of the Army for Environment, Safety, and 
Occupational Health (DASA(ESOH)) can authorize release of an NOI to the 
FR for publication, unless that authority has been delegated. A cover 
letter (similar to Figure 5 in Sec. 651.46) will accompany the NOI. An 
example NOI is shown in Figure 6 in Sec. 651.46.
    (b) Lead and cooperating agency determination. As soon as possible 
after the decision is made to prepare an EIS, the proponent will contact 
appropriate federal, tribal, state, and local agencies to identify lead 
or cooperating agency responsibilities concerning EIS preparation. At 
this point, a public affairs plan must be developed. In the case of 
State ARNG actions that have federal funding, the NGB will be the lead 
agency for the purpose of federal compliance

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with NEPA. The State may be either a joint lead or a cooperating agency, 
as determined by NGB.
    (c) Scoping. The proponent will begin the scoping process described 
in Sec. 651.48. Portions of the scoping process may take place prior to 
publication of the NOI.
    (d) DEIS preparation and processing. Prior to publication of a DEIS, 
the proponent can prepare a PDEIS, allowing for internal organization 
and the resolution of internal Army consideration, prior to a formal 
request for comments.
    (1) PDEIS. Based on information obtained and decisions made during 
the scoping process, the proponent may prepare the PDEIS. To expedite 
headquarters review, a summary document is also required to present the 
purpose and need for the action, DOPAA, major issues, unresolved issues, 
major potential controversies, and required mitigations or monitoring. 
This summary will be forwarded, through the chain of command, to ODEP, 
the DASA(ESOH), and other interested offices for review and comment. If 
requested by these offices, a draft PDEIS can be provided following 
review of the summary. The PDEIS is not normally made available to the 
public and should be stamped ``For Internal Use Only-Deliberative 
Process.''
    (2) DEIS. The Army proponent will advise the DEIS preparer of the 
number of copies to be forwarded for final HQDA review and those for 
filing with the EPA. Distribution may include interested congressional 
delegations and committees, governors, national environmental 
organizations, the DOD and federal agency headquarters, and other 
selected entities. The Army proponent will finalize the FR NOA, the 
proposed news release, and the EPA filing letter for signature of the 
DASA(ESOH). A revised process summary of the contents (purpose and need 
for the action, DOPAA, major issues, unresolved issues, major potential 
controversies, and required mitigations or monitoring) will accompany 
the DEIS to HQDA for review and comment. If the action has been 
delegated by the ASA(I&E), only the process summary is required, unless 
the DEIS is requested by HQDA.
    (i) When the DEIS has been formally approved, the preparer can 
distribute the DEIS to the remainder of the distribution list. The DEIS 
must be distributed prior to, or simultaneously with, filing with EPA. 
The list includes federal, state, regional, and local agencies, private 
citizens, and local organizations. The EPA will publish the NOA in the 
FR. The 45-day comment period begins on the date of the EPA notice in 
the FR.
    (ii) Following approval, the proponent will forward five copies of 
the DEIS to EPA for filing and notice in the FR; publication of EPA's 
NWR commences the public comment period. The proponent will distribute 
the DEIS prior to, or simultaneously with, filing with EPA. Distribution 
will include appropriate federal, state, regional, and local agencies; 
Native American tribes; and organizations and private citizens who have 
expressed interest in the proposed action.
    (iii) For proposed actions that are environmentally controversial, 
or of national interest, the OCLL shall be notified of the pending 
action so that appropriate congressional coordination may be effected. 
The OCPA will coordinate public announcements through its chain of 
command. Proponents will ensure that the DEIS and subsequent NEPA 
documents are provided in electronic format to allow for maximum 
information flow throughout the process.
    (e) Public review of DEIS. The DEIS public comment period will be no 
less than 45 days. If the statement is unusually long, a summary of the 
DEIS may be circulated, with an attached list of locations where the 
entire DEIS may be reviewed (for example, local public libraries). 
Distribution of the complete DEIS should be accompanied by the 
announcement of availability in established newspapers of major 
circulation, and must include the following:
    (1) Any federal agency that has jurisdiction by law or special 
expertise with respect to any environmental impact involved and any 
appropriate federal, state, or local agency authorized to develop and 
enforce environmental standards.

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    (2) The applicant, if the proposed action involves any application 
of proposal for the use of Army resources.
    (3) Any person, organization, or agency requesting the entire DEIS.
    (4) Any Indian tribes, Native Alaskan organizations, or Native 
Hawaiian organizations potentially impacted by the proposed action.
    (5) Chairs/co-chairs of any existing citizen advisory groups (for 
example, Restoration Advisory Boards).
    (f) Public meetings or hearings. Public meetings or hearings on the 
DEIS will be held in accordance with the criteria established in 40 CFR 
1506.6(c) and (d) or for any other reason the proponent deems 
appropriate. News releases should be prepared and issued to publicize 
the meetings or hearings at least 15 days prior to the meeting.
    (g) Response to comments. Comments will be incorporated in the DEIS 
by modification of the text and/or written explanation. Where possible, 
similar comments will be grouped for a common response. The preparer or 
a higher authority may make individual response, if considered 
desirable.
    (h) The FEIS. If the changes to the DEIS are exclusively 
clarifications or minor factual corrections, a document consisting of 
only the DEIS comments, responses to the comments, and errata sheets may 
be prepared and circulated. If such an abbreviated FEIS is anticipated, 
the DEIS should contain a statement advising reviewers to keep the 
document so they will have a complete set of ``final'' documents. The 
final EIS to be filed with EPA will consist of a complete document 
containing a new cover sheet, the errata sheets, comments and responses, 
and the text of the draft EIS. Coordination, approval, filing, and 
public notice of an abbreviated FEIS are the same as for a draft DEIS. 
If extensive modifications are warranted, the proponent will prepare a 
new, complete FEIS. Preparation, coordination, approval, filing, and 
public notice of the FEIS are the same as the process outlined for the 
DEIS. The FEIS distribution must include any person, organization, or 
agency that submitted substantive comments on the DEIS. One copy 
(electronic) of the FEIS will be forwarded to ODEP. The FEIS will 
clearly identify the Army's preferred alternative unless prohibited by 
law.
    (i) Decision. No decision will be made on a proposed action until 30 
days after EPA has published the NWR of the FEIS in the FR, or 90 days 
after the NWR of the DEIS, whichever is later. EPA publishes NWRs 
weekly. Those NWRs ready for EPA by close of business Friday are 
published in the next Friday's issue of the FR.
    (j) ROD. The ROD documents the decision made and the basis for that 
decision.
    (1) The proponent will prepare a ROD for the decision maker's 
signature, which will:
    (i) Clearly state the decision by describing it in sufficient detail 
to address the significant issues and ensure necessary long-term 
monitoring and execution.
    (ii) Identify all alternatives considered by the Army in reaching 
its decision, specifying the environmentally preferred alternative(s). 
The Army will discuss preferences among alternatives based on relevant 
factors including environmental, economic, and technical considerations 
and agency statutory missions.
    (iii) Identify and discuss all such factors, including any essential 
considerations of national policy that were balanced by the Army in 
making its decision. Because economic and technical analyses are 
balanced with environmental analysis, the agency preferred alternative 
will not necessarily be the environmentally preferred alternative.
    (iv) Discuss how those considerations entered into the final 
decision.
    (v) State whether all practicable means to avoid or minimize 
environmental harm from the selected alternative have been adopted, and 
if not, why they were not.
    (vi) Identify or incorporate by reference the mitigation measures 
that were incorporated into the decision.
    (2) Implementation of the decision may begin immediately after 
approval of the ROD.
    (3) The proponent will prepare an NOA to be published in the FR by 
the HQDA proponent, following congressional notification. Processing and 
approval of the NOA is the same as for an NOI.

[[Page 419]]

    (4) RODs will be distributed to agencies with authority or oversight 
over aspects of the proposal, cooperating agencies, appropriate 
congressional, state, and district offices, all parties that are 
directly affected, and others upon request.
    (5) One electronic copy of the ROD will be forwarded to ODEP.
    (6) A monitoring and enforcement program will be adopted and 
summarized for any mitigation (see Appendix C of this part).
    (k) Pre-decision referrals. 40 CFR part 1504 specifies procedures to 
resolve federal agency disagreements on the environmental effects of a 
proposed action. Pre-decision referrals apply to interagency 
disagreement on a proposed action's potential unsatisfactory effects.
    (l) Changes during preparation. If there are substantial changes in 
the proposed action, or significant new information relevant to 
environmental concerns during the proposed action's planning process, 
the proponent will prepare revisions or a supplement to any 
environmental document or prepare new documentation as necessary.
    (m) Mitigation. All measures planned to minimize or mitigate 
expected significant environmental impacts will be identified in the EIS 
and the ROD. Implementation of the mitigation plan is the responsibility 
of the proponent (see Appendix C of this part). The proponent will make 
available to the public, upon request, the status and results of 
mitigation measures associated with the proposed action. For weapon 
system acquisition programs, the proponent will coordinate with the 
appropriate responsible parties before identifying potential mitigations 
in the EIS/ROD.
    (n) Implementing the decision. The proponent will provide for 
monitoring to assure that decisions are carried out, particularly in 
controversial cases or environmentally sensitive areas (Appendix C of 
this part). Mitigation and other conditions that have been identified in 
the EIS, or during its review and comment period, and made part of the 
decision (and ROD), will be implemented by the lead agency or other 
appropriate consenting agency. The proponent will:
    (1) Include appropriate conditions in grants, permits, or other 
approvals.
    (2) Ensure that the proponent's project budget includes provisions 
for mitigations.
    (3) Upon request, inform cooperating or commenting agencies on the 
progress in carrying out adopted mitigation measures that they have 
proposed and that were adopted by the agency making the decision.
    (4) Upon request, make the results of relevant monitoring available 
to the public and Congress.
    (5) Make results of relevant monitoring available to citizens 
advisory groups, and others that expressed such interest during the EIS 
process.