[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR230.25]



[Page 320]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 230_PROCEDURES FOR IMPLEMENTING NEPA--Table of Contents

 

Sec.  230.25  Environmental review and consultation requirements.



    See 40 CFR 1502.25.

    (a) For Federal projects, NEPA documents shall be prepared 

concurrently with and utilize data from analyses required by other 

environmental laws and executive orders. A listing of environmental laws 

and orders is contained in table 3.4.3 of Economic and Environmental 

Principles and Guidelines for Water and Related Land Resources 

Implementation Studies. Reviews and consultation requirements, analyses, 

and status of coordination associated with applicable laws, executive 

orders and memoranda will be summarized in the draft document. The 

results of the coordination completed or underway pursuant to these 

authorities will be summarized in the final document. Where the results 

of the ongoing studies are not expected to materially affect the 

decision on the proposed action, the filing of the final EIS need not be 

delayed.

    (b) Executive Order 12114, Environmental Effects Abroad of Major 

Federal Actions, 4 January 1979. For general policy guidance, see 

Federal Register of April 12, 1979, 32 CFR part 197. Procedural 

requirements for Civil Works studies and projects are discussed below.

    (1) The district commander through the division commander will 

notify CECW-PE, PN, PS or PW as appropriate, of an impending action 

which may impact on another country and for which environmental studies 

may be necessary to determine the extent and significance of the impact. 

The district commander will inform CECW-P whether entry into the country 

is necessary to study the base condition.

    (2) CECW-P will notify the State Department, Office of Environment 

and Health (OES/ENH) of the district commander's concern, and whether a 

need exists at this point to notify officially the foreign nation of our 

intent to study potential impacts. Depending on expected extent and 

severity of impacts, or if entry is deemed necessary, the matter will be 

referred to the appropriate foreign desk for action.

    (3) As soon as it becomes evident that the impacts of the proposed 

actions are considered significant, CECW-P will notify the State 

Department. The State Department will determine whether the foreign 

embassy needs to be notified, and will do so if deemed appropriate, 

requesting formal discussions on the matter. When the International 

Joint Commission (IJC) or the International Boundary and Water 

Commission, United States and Mexico (IBWC) is involved in a study, the 

State Department should be consulted to determine the foreign policy 

implications of any action and the proper course of action for formal 

consultations.

    (4) Prior to public dissemination, press releases or reports dealing 

with impact assessments in foreign nations should be made available to 

the appropriate foreign desk at the State Department for clearance and 

coordination with the foreign embassy.



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