[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: 32CFR651.6]

[Page 391-392]
 
                       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 A--Introduction
 
Sec. 651.6  NEPA analysis staffing.

    (a) NEPA analyses will be prepared by the proponent using 
appropriate resources (funds and manpower). The proponent, in 
coordination with the appropriate NEPA program manager, shall determine 
what proposal requires NEPA analysis, when to initiate NEPA analysis, 
and what level of NEPA analysis is initially appropriate. The proponent 
shall remain intimately involved in determining appropriate milestones, 
timelines, and inputs required for the successful conduct of the NEPA 
process, including the use of scoping to define the breadth and depth of 
analysis required. In cases where the document addresses impacts to an 
environment whose management is not in the proponents' chain of command 
(for example, installation management of a range for MATDEV testing or 
installation management of a fielding location), the proponent shall 
coordinate the analysis and preparation of the document and identify the 
resources needed for its preparation and staffing through the command 
structure of that affected activity.
    (b) The approving official is responsible for approving NEPA 
documentation and ensuring completion of the action, including any 
mitigation actions needed. The approving official may be an installation 
commander; or, in the

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case of combat/materiel development, the MATDEV, MDA, or AAE.
    (c) Approving officials may select a lead reviewer for NEPA analysis 
before approving it. The lead reviewer will determine and assemble the 
personnel needed for the review process. Funding needed to accomplish 
the review shall be negotiated with the proponent, if required. Lead 
reviewer may be an installation EC or a NEPA POC designated by an MDA 
for a combat/materiel development program.
    (d) The most important document is the initial NEPA document (draft 
EA or draft EIS) being processed. Army reviewers are accountable for 
ensuring thorough early review of draft NEPA analyses. Any organization 
that raises new concerns or comments during final staffing will explain 
why issues were not raised earlier. NEPA analyses requiring public 
release in the FR will be forwarded to ASA(I&E), through the chain of 
command, for review. This includes all EISs and all EAs that are of 
national interest or concern. The activities needed to support public 
release will be coordinated with ASA(I&E). Public release will not 
proceed without ASA(I&E) approval.
    (e) Public release of NEPA analyses in the FR should be limited to 
EISs, or EAs that are environmentally controversial or of national 
interest or concern. When analyses address actions affecting numerous 
sites throughout the Continental United States (CONUS), the proponent 
will carefully evaluate the need for publishing an NOA in the FR, as 
this requires an extensive review process, as well as supporting 
documentation alerting EPA and members of Congress of the action. At a 
minimum, and depending on the proponent's command structure, the 
following reviews must be accomplished:
    (1) The NEPA analysis must be reviewed by the MACOM Legal Counsel or 
TJAG, ACSIM, ASA(I&E), and Office of General Counsel (OGC).
    (2) The supporting documentation must be reviewed by Office of the 
Chief of Legislative Liaison (OCLL) and Office of the Chief of Public 
Affairs (OCPA).
    (3) Proponents must allow a minimum of 30 days to review the 
documentation and must allow sufficient time to address comments from 
these offices prior to publishing the NOA.
    (4) The proponent may consider publishing the NOA in local 
publication resources near each site. Proponents are strongly advised to 
seek the assistance of the local environmental office and command 
structure in addressing the need for such notification.