[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR775.4]

[Page 502]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 775_PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY 
ACT--Table of Contents
 
Sec. 775.4  Responsibilities.

    (a) The Assistant Secretary of the Navy (Installations and 
Environment) (ASN (I&E)) shall:
    (1) Act as principal liaison with the Office of the Secretary of 
Defense, the Council on Environmental Quality, the Environmental 
Protection Agency, other Federal agencies, Congress, state governments, 
and the public with respect to significant NEPA matters.
    (2) Direct the preparation of appropriate environmental analysis and 
documentation and, with respect to those matters governed by SECNAV 
Instruction 5000.2 series, advise the Assistant Secretary of the Navy 
(Research Development and Acquisition) (ASN (RD&A)) concerning 
environmental issues and the appropriate level of environmental analysis 
and NEPA documentation needed in any particular circumstance.
    (3) Except for proposed acquisition-related actions addressed in 
paragraph (b)(2) of this section, review, sign, and approve for 
publication, as appropriate, documents prepared under NEPA.
    (4) Establish and publish a list of categorical exclusions for the 
DON.
    (b) The Assistant Secretary of the Navy (Research, Development and 
Acquisition (ASN (RD&A)) shall, in accordance with SECNAV Instruction 
5000.2 series:
    (1) Ensure that DON acquisition programs, research programs, and 
procurements comply with NEPA.
    (2) Review, sign, and approve for publication, as appropriate, 
environmental documents prepared under NEPA for proposed acquisition or 
research and development related actions.
    (c) The General Counsel of the Navy and the Judge Advocate General 
of the Navy shall:
    (1) Ensure that legal advice for compliance with environmental 
planning requirements is available to all decision-makers.
    (2) Advise the Secretary of the Navy, the Chief of Naval Operations, 
and the Commandant of the Marine Corps as to the legal requirements that 
must be met, and the conduct and disposition of all legal matters 
arising in the context of environmental planning.
    (d) The Chief of Naval Operations (CNO) and the Commandant of the 
Marine Corps (CMC) shall:
    (1) Implement effective environmental planning throughout their 
respective services.
    (2) Prepare and issue instructions or orders to implement 
environmental planning policies of the DON. Forward proposed CNO/CMC 
environmental planning instructions or orders to ASN (I&E) and, when 
appropriate, ASN (RD&A) for review and comment prior to issuance.
    (3) Make decisions on environmental assessments as to whether a 
Finding of No Significant Impact is appropriate or preparation of an 
environmental impact statement is required.
    (4) Ensure that subordinate commands establish procedures for 
implementing mitigation measures described in NEPA documents.
    (5) Provide coordination as required for the preparation of NEPA 
documents for actions initiated by non-DON/DOD entities, state or local 
agencies and/or private individuals for which service involvement may be 
reasonably foreseen.
    (6) Bring environmental planning matters that involve controversial 
issues or which may affect environmental planning policies or their 
implementation to the attention of ASN (I&E) and, where appropriate, ASN 
(RD&A) for coordination and determination.
    (7) Notify ASN (I&E), and when appropriate, ASN (RD&A) of any 
proposed EIS, and of any EA that may involve potentially sensitive 
public interest issues. EIS notification shall occur prior to commencing 
NEPA document preparation or receiving any public or regulatory agency 
involvement. EA notification shall be made as soon as it becomes 
apparent that potentially sensitive public issues are involved.

[69 FR 8109, Feb. 23, 2004]