[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR989.14]

[Page 247-249]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 989_ENVIRONMENTAL IMPACT ANALYSIS PROCESS (EIAP)--Table of Contents
 
Sec. 989.14  Environmental assessment.

    (a) When a proposed action is one not usually requiring an EIS but 
is not categorically excluded, the EPF supports the proponent in 
preparing an EA (40 CFR 1508.9). Every EA must lead to either a FONSI, a 
decision to prepare an EIS, or no action on the proposal.
    (b) Whenever a proposed action usually requires an EIS, the EPF 
responsible for the EIAP may prepare an EA

[[Page 248]]

to definitively determine if an EIS is required based on the analysis of 
environmental impacts. Alternatively, the EPF may choose to bypass the 
EA and proceed with preparation of an EIS.
    (c) An EA is a written analysis that:
    (1) Provides analysis sufficient to determine whether to prepare an 
EIS or a FONSI.
    (2) Aids the Air Force in complying with the NEPA when no EIS is 
required.
    (d) The length of an EA should be as short and concise as possible, 
while matching the magnitude of the proposal. An EA briefly discusses 
the need for the proposed action, reasonable alternatives to the 
proposed action, the affected environment, the environmental impacts of 
the proposed action and alternatives (including the ``no action'' 
alternative), and a listing of agencies and persons consulted during 
preparation. The EA should not contain long descriptions or lengthy, 
detailed data. Rather, incorporate by reference background data to 
support the concise discussion of the proposal and relevant issues.
    (e) The format for the EA may be the same as the EIS. The 
alternatives section of an EA and an EIS are similar and should follow 
the alternatives analysis guidance outlined in Sec. 989.8.
    (f) The EPF should design the EA to facilitate rapidly transforming 
the document into an EIS if the environmental analysis reveals a 
significant impact.
    (g) As a finding contained in the draft FONSI, a Finding of No 
Practicable Alternative (FONPA) must be submitted (five hard copies and 
an electronic version) to the MAJCOM EPF when the alternative selected 
could be located in wetlands or floodplains, and must discuss why no 
other practicable alternative exists to avoid impacts. See AFI 32-7064, 
Integrated Natural Resources Management.
    (h) EAs and accompanying FONSIs that require the Air Force to make 
Clean Air Act General Conformity Determinations shall be submitted (five 
hard copies and an electronic version) through the MAJCOM EPF to HQ 
USAF/ILEB for SAF/MIQ approval. SAF/MIQ signs all General Conformity 
Determinations and will also sign the companion FONSIs, when requested 
by the MAJCOM (see Sec. 989.30).
    (i) In cases potentially involving a high degree of controversy or 
Air Force-wide concern, the MAJCOM, after consultation with HQ USAF/
ILEB, may request HQ USAF ESOHC review and approval of an EA, or HQ USAF 
may direct the MAJCOM to forward an EA (five hard copies and an 
electronic version) for HQ USAF ESOHC review and approval.
    (j) As a minimum, the following EAs require MAJCOM approval because 
they involve topics of special importance or interest. Unless directed 
otherwise by HQ USAF/ILEB, the installation EPF must forward the 
following types of EAs to the MAJCOM EPF, along with an unsigned draft 
FONSI: (MAJCOMs can require other EAs to receive MAJCOM approval in 
addition to those types specified here.)
    (1) All EAs on non-Air Force proposals that require an Air Force 
decision, such as use of Air Force property for highways, space ports, 
and joint-use proposals.
    (2) EAs where mitigation to insignificance is accomplished in lieu 
of initiating an EIS (Sec. 989.22(c)).
    (k) A few examples of actions that normally require preparation of 
an EA (except as indicated in the CATEX list) include:
    (1) Public land withdrawals of less than 5,000 acres.
    (2) Minor mission realignments and aircraft beddowns.
    (3) New building construction on base within developed areas.
    (4) Minor modifications to Military Operating Areas (MOAs), air-to-
ground weapons ranges, and military training routes.
    (l) The Air Force will involve other federal agencies, state, 
Tribal, and local governments, and the public in the preparation of EAs 
(40 CFR 1501.4(b) and 1506.6). The extent of involvement usually 
coincides with the magnitude and complexity of the proposed action and 
its potential environmental effect on the area. For proposed actions 
described in Sec. 989.15(e)(2), use either the scoping process 
described in

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Sec. 989.18 or the public notice process in Sec. 989.24.

[64 FR 38129, July 15, 1999; 66 FR 16868, Mar. 28, 2001]