[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: 32CFR989.9]

[Page 246-247]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 989_ENVIRONMENTAL IMPACT ANALYSIS PROCESS (EIAP)--Table of Contents
 
Sec. 989.9  Cooperation and adoption.

    (a) Lead and cooperating agency (40 CFR 1501.5 and 1501.6). When the 
Air Force is a cooperating agency in the preparation of an EIS, the Air 
Force reviews and approves principal environmental documents within the 
EIAP as if they were prepared by the Air Force. The Air Force executes a 
ROD for its program decisions that are based on an EIS for which the Air 
Force is a cooperating agency. The Air Force may also be a lead or 
cooperating agency on an EA using similar procedures, but the MAJCOM EPC 
retains approval authority unless otherwise directed by HQ USAF. Before 
invoking provisions of 40 CFR 1501.5(e), the lowest authority level 
possible resolves disputes concerning which agency is the lead agency.
    (b) Adoption of EA or EIS. The Air Force, even though not a 
cooperating agency, may adopt an EA or EIS prepared by another entity 
where the proposed action is substantially the same as the action 
described in the EA or EIS. In this case, the EA or EIS must be 
recirculated as a final EA or EIS but

[[Page 247]]

the Air Force must independently review the EA or EIS and determine that 
it is current and that it satisfies the requirements of this part. The 
Air Force then prepares its own FONSI or ROD, as the case may be. In the 
situation where the proposed action is not substantially the same as 
that described in the EA or the EIS, the Air Force may adopt the EA or 
EIS, or a portion thereof, by circulating the EA or EIS as a draft and 
then preparing the final EA or EIS.