PROCEDURES FOR IMPLEMENTING SECTION 102(2) (C) OF THE NATIONAL ENVIROMENTAL POLICY ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-05399A000200040043-4
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 8
• Document Creation Date: December 12, 2016
• Document Release Date: November 9, 2001
• Sequence Number: 43
• Publication Date: January 22, 1974
• Content Type: REGULATION

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ADMINISTRATIVE - INTERNAL USE ONLY
INSTRUCTION NO. LI 45-16
LI 45-16 LOGISTICS
Revised 22 January 1974
SUBJECT: Procedures for Implementing Section 102(2)(C) of the
National Environmental Policy Act
1. PURPOSE
This Logistics Instruction prescribes procedures for implementing Section
102(2)(C) of the National Environmental Policy Act of 1969 (Public Law
91-190), hereinafter referred to as the Act, with regard to:
a. The design, construction, alteration, operation, and use of public
buildings and sites.
b. The lease, purchase, or operation of other facilities or properties.
c. The operation or use of property, equipment, vehicles, and other
means of transportation.
2. BACKGROUND
a. Section 102(2)(C) of the Act directs all Federal agencies to identify
and develop methods and procedures which will ensure that environmen-
tal amenities and values are given appropriate consideration in deci-
sionmaking, along with economic and technical considerations, and to
prepare a detailed statement on major Federal actions that signifi-
cantly affect the quality of the human environment. Executive Order
11514 of 5 March 1970, "Protection and Enhancement of Environmental
Quality," implements the purpose and policy of this Act, and "Guide-
lines," implementing its provisions, have been issued by the Council
on Environmental Quality.
b. The Act does not prohibit projects which are determined to have ad-
verse impact but only insists that the environmental statements
address each of these impacts and consider possible alternatives.
3. RESPONSIBLE OFFICIALS
a. The Director of Logistics has been designated the Responsible Official,
referred to in Section 102(2)(C) of the Act, who shall:
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LI 45-16 LOGISTICS
Revised 22 January 1974
(1) Determine if proposed Agency actions require environmental
impact statements.
(2) Ensure the fullest practicable provision of timely public
information relative to Agency plans for actions of the type
described in paragraph 1 which will impact on the human envi-
ronment, and he shall obtain views of interested parties
before committing final administrative action.
b. The Chief, Real Estate and Construction Division, will assist the
Director of Logistics, as required, including the following:
(1) Provide technical competence for assessment studies of proposed
projects and actions.
(2) Develop environmental impact statements when they are deemed
necessary.
(3) Maintain a list of actions for which environmental statements
are being prepared, revising the list as proposed actions are
added or dropped.
(4) Report revision of the list to the Council on Environmental
Quality quarterly, along with any negative determinations.
c. Independent Operating Officials shall review proposed projects with
the Director of Logistics at the earliest possible stage of the pro-
posal.
4. DEFINITION OF TERMS
In the context of this Instruction, the following terms are defined as
stated below:
a. Determination - a formal decision by the Director of Logistics that
an environmental statement is to be prepared for a proposed action.
A negative determination is a decision that preparation of a state-
ment is not merited.
b. Environmental Assessment Study - an organized investigation of a
proposed Agency action undertaken to evaluate the significance of
the impact that the action may have on the environment.
c. Environmental Assessment - a written analysis describing environ-
mental impacts of Agency actions which is submitted to the Director
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INSTRUCTION NO. LI 45-16
LI 45-16 LOGISTICS
Revised 22 January 1974
of Logistics to assist determination decisions. Information required
in the assessment shall parallel the contents required in an environ-
mental impact statement - see paragraph 6.
d. Environmental Impact Statement - a report prepared by the Agency
which identifies and analyzes in detail the environmental impact of
an Agency action. Statements are to be prepared in draft and final
forms. See paragraph 6 for detailed listing of required contents.
5. INTERNAL REVIEW OF PROPOSED AGENCY ACTIONS AND DETERMINATIONS
a. For each proposed action or project of a type listed in paragraph 1,
an assessment shall be made as early as possible, before a final
determination is made, as to the significance of and the controver-
siality of the action along with its probable environmental impact.
b. If the preliminary assessment indicates a potential for impact in
the categories of pollution (air and water), land use, and use of
energy resources, further detailed studies shall be conducted to
such a point that will allow a clear determination or negative deter-
mination to be made.
c. Projects or actions for which environmental impact statements would
normally be made include the following:
(1) Construction of new facilities and the legislative requests
for appropriation for new construction.
(2) Acquisition or disposal of real property, by lease, assignment,
purchase, or otherwise, the operation of which, by the process
involved, adversely affects the environment.
(3) Actions that would force displacement of people or relocation
of employees naturally affecting population density. Facility
relocations within the Washington metropolitan area shall be
examined relative to policies of the National Capital Planning
Commission.
(4) Major renovations of existing Agency facilities that alter the
basic functions of space in excess of 10,000 gross square feet.
d. Basis for Determination:
(1) "Major Federal Actions" shall be construed to include Agency
actions viewed against the cumulative impact of related actions
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LI 45-16 LOGISTICS
Revised 22 January 1974
by other agencies in the project area. If there is potential
that the environment may be significantly affected, a state-
ment is to be prepared.
(2) Agency actions likely to be controversial should be covered
by an environmental statement in all cases.
6. CONTENT OF ENVIRONMENTAL STATEMENTS
a. The following points are to be covered in draft and final environ-
mental impact statements:
(1) Describe the proposed action and its purpose.
(2) Describe the existing environment to be affected, supplemented
with maps, photos, charts, and other graphic media commensurate
with the extent of the impact and with amount of information
required at the particular level of decisionmaking.
(3) State relationship of proposed action to land use plans, pol-
icies, and controls for the affected area.
(4) Describe the probable impact on the environment in both posi-
tive and negative aspects. Include primary and secondary
consequences which cannot be avoided such as pollution, urban
congestion, and threats to environmental goals.
(5) State alternatives to the proposed action and illustrate
desirability relative to the recommended course of action pro-
posed. Discuss alternative measures to compensate for losses
to wildlife and alternative design approaches that significantly
affect consumption of energy or other resources.
(6) Discuss the relationship between local, short-term use and the
maintenance and enhancement of long-term productivity of man's
environment.
(7)
Identify any irreversible and irretrievable commitments of
resources should the action be implemented. This requires
identification of the extent to which the action would curtail
the range of beneficial use of the environment and affect his-
toric features to be preserved.
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LI 45-16 LOGISTICS
Revised 22 January 1974
(8) Indicate other interests and considerations of Federal policy
which are thought to offset the proposed action's adverse
effects.
(9) Where appropriate, discuss problems and objections raised by
other Federal, state, and local agencies and by the public
during the review process.
b. Each environmental statement shall be prepared in accordance with
the precept of Section 102(2)(C) of the Act that all agencies
utilize a systematic interdisciplinary approach which will ensure
the integrated use of the natural and social sciences in concert
with environmental design arts in planning and decisionmaking which
may have impact on man's environment. The preparation process in-
volves circulation of statements to other Federal agencies for
review and comment, dissemination of information to the public,
publishing statements in the Federal Register and the submitting
of statements to the Council on Environmental Quality as required
by the Council guidelines.
c. Each draft and final statement shall be accompanied by a summary in
the format stipulated in Appendix I of the Council on Environmental
Quality guidelines dated 1 August 1973.
7. REVIEW OF ENVIRONMENTAL STATEMENTS BY FEDERAL, STATE, AND LOCAL
AGENCIES AND BY THE PUBLIC
a. To meet statutory requirements of making environmental statements
available to the President, draft statements and final statements,
together with the substance of all comments, shall be sent to the
Council on Environmental Quality as soon as they are prepared.
Transmit statements to the Council in 10 copies. Simultaneously,
copies being sent to other agencies for review and comment should
be issued.
b. The Council will publish weekly in the Federal Register lists of
statements received for public review. -Teed date of publications of
such lists shall be the date from which minimum periods for review
and advance availability are calculated.
c. Draft environmental statements should be circulated for review to
Federal and state agencies with relevant expertise. Refer to Appen-
dices II, III, and IV of the Council on Environmental Quality guide-
lines dated 1 August 1973 for a listing of such agencies.
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INSTRUCTION NO. LI 45-16
LI 45-16 LOGISTICS
Revised 22 January 1974
d. Draft environmental statements should be submitted in all cases to
the Environmental Protection Agency for review and written comment.
e. Public review of environmental impact statements shall be acc o public
plished by making draft and final statements available P
free of charge or at no more than actual cost of reproduction. The
intent to prepare environmental impact statements, the holding of
public hearings, and the availability of draft and final statements
shall be announced by public notices in local news media serving
the geographical area wherein the environmental impact is being
assessed. Such public notices shall be timely and contain suffi-
cient information about the action contemplated and its possible
impact, so the public can determine whether it should seek access
to the impact statement. The notices shall also inform the public
how it may gain access to, or obtain, copies of the statement.
f. When requesting review and comment from entities external to the
Agency, project managers shall establish an appropriate time period
based on the complexity of the statement but not less than 45 days
from the date of-publication of the statement in the Federal Reister.
Requests for extensions of time by reviewing bodies up to 15 days
should be honored.
Final environmental statements shall be published and circulated to
all organizations and individuals that made substantive comments on
the draft statement. In all cases, copies shall be sent to the
Environmental Protection Agency.
8. ADMINISTRATIVE" ACTIONS'RELATIVE TO REVIEWS OF ENVIRONMENTAL STATEMENTS
a. To the maximum extent possible, execution of actions and projects of
the types identified in paragraphs 1 and Sc shall not start sooner
than 90 days after a draft statement has been furnished the Council,
circulated for comment, and made available to the public.
b. Similarly, execution of proposed actions and projects shall not start
sooner than 30 days after a final statement has been made available
to the Council, commenting agencies, and the public.
c. The final statement with its appended comments shall accompany the
proposal through the existing review processes internal to the Agency
prior to execution.
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LI 45-16 LOGISTICS
Revised 22 January 1974
9. SUMMARY OF PROCEDURAL STEPS FOR ENVIRONMENTAL IMPACT REVIEW OF PRO-
POSED ACTIONS
a. Preliminary Agency review process:
(1) RECD/OL review of proposed action for assessment relative to
the Act and the necessity for preparation of an environmental
impact statement.
(2) Director of Logistics determination to prepare an environmental
impact statement.
(3) Publish the intent to prepare an environmental impact statement,
or report to the Council on Environmental Quality a negative
determination in case of an action that normally requires an
environmental impact statement.
b. Environmental impact statement process:
(1) Prepare draft environmental impact statement.
(2) Issue draft to the Council on Environmental Quality, commenting
agencies, and make available to the public. Publish availa-
bility of the draft in the Federal Rem and by public
notices in appropriate local news me 7a.
(3) After 45 days minimum, collect comments and revise the draft,
as required.
(4) Issue final text of the environmental statement with comments
on the draft to the Council on Environmental Quality and com-
menting parties. Publish availability of the final environmen-
tal impact statement in the Federal Re ister and by public
notices in appropriate local news me ia.
(5) After 45 days minimum, collect the final comments and conduct
an internal Agency review.
c. Final Agency review:
(1) The environmental impact statement, with relevant comments,
shall accompany the proposal during review.
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LI 45-16 LOGISTICS
Revised 22 January 1974
(2) Modify the proposal, as required, to satisfy environmental
impact statement reviews.
(3) Authorize the project for execution.
Director of Logistics
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