[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: 32CFR989.22]

[Page 252-253]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 989_ENVIRONMENTAL IMPACT ANALYSIS PROCESS (EIAP)--Table of Contents
 
Sec. 989.22  Mitigation.

    (a) When preparing EIAP documents, indicate clearly whether 
mitigation measures (40 CFR 1508.20) must be implemented for the 
alternative selected. If using Best Management Practices (BMPs), 
identify the specific BMPs being used and include those BMPs in the 
mitigation plan. Discuss mitigation measures in terms of ``will'' and

[[Page 253]]

``would'' when such measures have already been incorporated into the 
proposal. Use terms like ``may'' and ``could'' when proposing or 
suggesting mitigation measures. Both the public and the Air Force 
community need to know what commitments are being considered and 
selected, and who will be responsible for implementing, funding, and 
monitoring the mitigation measures.
    (b) The proponent funds and implements mitigation measures in the 
mitigation plan that is approved by the decision-maker. Where possible 
and appropriate because of amount, the proponent should include the cost 
of mitigation as a line item in the budget for a proposed project. The 
proponent must ensure compliance with mitigation requirements, 
monitoring their effectiveness, and must keep the EPF informed of the 
mitigation status. The EPF reports its status, through the MAJCOM, to HQ 
USAF/ILEB when requested. Upon request, the EPF must also provide the 
results of relevant mitigation monitoring to the public.
    (c) The proponent may ``mitigate to insignificance'' potentially 
significant environmental impacts found during preparation of an EA, in 
lieu of preparing an EIS. The FONSI for the EA must include these 
mitigation measures. Such mitigations are legally binding and must be 
carried out as the proponent implements the project. If, for any reason, 
the project proponent later abandons or revises in environmentally 
adverse ways the mitigation commitments made in the FONSI, the proponent 
must prepare a supplemental EIAP document before continuing the project. 
If potentially significant environmental impacts would result from any 
project revisions, the proponent must prepare an EIS.
    (d) For each FONSI or ROD containing mitigation measures, the 
proponent prepares a plan specifically identifying each mitigation, 
discussing how the proponent will execute the mitigations, identifying 
who will fund and implement the mitigations, and stating when the 
proponent will complete the mitigation. The mitigation plan will be 
forwarded, through the MAJCOM EPF to HQ USAF/ILEB for review within 90 
days from the date of signature of the FONSI or ROD.

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