LETTER TO MR. JAMES H. MCDONALD FROM NICHOLAS C. YOST

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00759R000100180001-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 12, 2016
• Document Release Date: November 26, 2001
• Sequence Number: 1
• Publication Date: July 31, 1979
• Content Type: LETTER

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EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY
722 JACKSON PLACE, N. W.
WASHINGTON, D. C. 20006
JUL 31 1979
Mr. James H. McDonald
Director of Logistics
Central Intelligence Agency
Washington, D.C. 20505
Section 1507.3 of the "Regulations for Implementing The
Procedural Provisions of the National Environmental Policy
Act," 40 CFR 1500, et se q. provides that each agency shall
as necessary adopt procedures to supplement the regulations.
Section 1507.3 also provides that final agency procedures
shall be adopted only after review by the Council on Environ-
mental Quality.
On April 18, 1979 the CIA published its proposed procedures
in the Federal Register for public review and comment. The
comment period concluded on May 19, 1979. No public comments
were received. Subsequently these proposed procedures were
forwarded to the Council for its final review.
The Council has completed its review of the procedures
developed by the CIA. Based on that review, the Council has
determined that the procedures address all of the sections
of the regulations required to be addressed by Section
1507.3(b) of the regulations. The procedures will take
effect and supplement the NEPA regulations once they are
published in final form in the Federal Register.
Yours truly,
14'4
NICHOLAS C . YOST
General Counsel
oL. 9 3239
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 Notices
reaeral nc&,a....
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'*ursday, August 2. 1979
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and
investigations, committee meetings, agency
decisions and rulings, delegations of
authority, filing of petitions and
applications and agency statements of
organization and functions are examples
of documents appearing in this section.
ADVISORY COUNCIL ON HISTORIC
PRESERVATION
Agreement Regarding National Park
Service Planning Documents
AGENCY: Advisory Council on Historic
Preservation.
ACTION: Notice. SUMMARY: The Advisory Council on
Historic Preservation proposes to
execute a Programmatic Memorandum
of Agreement pursuant to ? 800.8 of the
regulations for the "Protection of
Historic and Cultural Resources" (36
CFR Part 800) with the Department of
the Interior, National Park Service, and
the National Conference of State
Historic Preservation Officers
concerning planning documents for
areas of the National Park System which
call for action that will affect properties
included in or eligible for inclusion in
the National Register of Historic Places.
The agreement updates the existing
Memorandum of Understanding and
renders it consistent with the Council's
recently amended regulations.
COMMENTS DUE: September 4, 1979.
ADDRESS: Comments should be
addressed to Executive Director,
Advisory Council on Historic
Preservation, 1522 K Street, NW., Suite
536, Washington, D.C. 20005.
FOR FURTHER INFORMATION CONTACT:
Peter H. Smith, Chief, Division of
Federal Program Review, Advisory
Council on Historic Preservation, 1522 K
Street. NW., Washington, D.C. 20005,-
[phone].
SUPPLEMENTARY INFORMATION: This
notice of the proposed agreement invites
comments from interested parties.
Copies of the proposed agreement are
available from the Council. The
agreement concerns the manner in
which the National Park Service will
meet its responsibilities under Section
106 of the National Historic Preservation
Act and the Council's implementing
regulations. 36 CFR Part 800. Section 106
requires that the head of any Federal
agency having indirect or direct
jurisdiction over a proposed Federal or
Federally assisted or licensed
undertaking affecting properties listed in
or eligible for listing in the National
Register of Historic Places shall afford
the Council a reasonable opportunity for
comment. The proposed agreement
updates an existing agreement which
provides that the National Park Service
will submit basic planning documents
for the National Park System to the
Council for review if they call for actin,
that would affect properties listed or
eligible for listing in the National
Register. Once planning documents
been approved by the Council,
subsequent implementing actions and
not require individual review in most
cases.
The proposed agreement will be
reviewed on an annual basis to
determine whether it should be
continued or modified. The parties to the
agreement believe that it provides a
workable system for expediting
planning and implementation of actions
within the National Park System.
Robert It. Garvey, Jr.,.
Executive Director.
It Dec. 79-23819 Filed 8-1-79; 8:45 amt
BILLING CODE 4310-10-M
National Environmental Policy Act;
Revised Implementation Procedures
AGENCY: Central Intelligence Agency.
ACTION: Final Agency Implementing
Procedures.
SUMMARY: These final Agency
procedures supplement National
Environmental Policy Act (NEPA)
Environmental Quality's NEPA
regulations, 40 CFR 1500, the Central
Intelligence Agency has revised internal
procedures to supplement the Council's
regulations implementing the procedural
provisions of NEPA. (44 FR 23103, April
18, 1979).
Since this instruction is for intra-
A enc t 1Iobe codified for
publication as a yection of the Code of
Federal Regulations. The revised
Implementation procedures follow:
rpose
This Logistics Instruction prescribes
procedures for use within the Central
Intelligence Agency, supplementing the
Council on Environmental Quality's
regulations inplementing the National
Environmental Policy Act (Public Law
91-190 as amended) hereinafter referred
2. Background
In carrying out national environmental
policy and goals, ? 1500.1(a) of the
NEPA regulations states that:
"rhe National Environmental Policy Act
(NEPA) is our basic national charter for
protection of the environment. It establishes
policy, sets goals (Section 101). and provides
means (Section 102) for carrying out the
policy. Section 102(2) contains "action-
forcing" provisions to make sure that Federal
agencies act according to the letter and spirit
of the Act.."
The NEPA regulations are designed to
ensure that the data and analysis
developed during the environmental
review process are made available to
Agency planners and decisionmakers at
the time when it will be of most value to
them in formulating, reviewing, and
deciding upon proposals for agency
action.
3. Implementing Procedures
a. NEPA Regulations ? 1500.6, Agency
Authority, states that:
"Each agency shall interpret the provisions
DATE: Effective July 30, 1979.
FOR FURTHER INFORMATION CONTACT:
Director of Logistics at the Central
Intelligence Agency, Washington, D.C.
2025, or telephone [phone], ext.
8200. -
traditional policies and missions in the light
of the Act's national environmental
objectives. Agencies shall review their
policies, procedures, and regulations
accordingly and revise them as necessary to
insure full compliance with the purposes and
i
i
f
h
A
Th
h
-
s
ons o
t
e
ct
e p
o the
Pursuant to the provisions of the prov
rase t fullest extent possible" in Section 102 means
National Environmental Policy Act of that each agency of the Federal Government
1969, as amended, (Public Law 91-190 as shall comply with that section unless existing
amended), and the Council on - law applicable to the agency's operations,
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45432 Federal Register / Vol. 44, No. 150 / Thursday, August 21979 / Notices.
expressly prohibits or makes compliance 11) Normally requires an environmental
impossible," impact statement, or (2) Normally does not
1 The Agency shall interpret 1hs require an environmental impact statement or
O an environmental assessment (categorical
its existing authority and as a mandate
to address traditional activities in view
of NEPA's national environmental
prepared. This assessment will-be the
basis for a finding of "no significant
impact" or a decision to prepare an
envrronmental impact statement.
d- NEPA Regulations ;: 1502.5. Timing,
states that:
The preparation of the Environmental
Impact Statement (EIS) shall be started
as close to the time the Agency is
developing a proposal so that the EIS
can be included in any recommendation
or final report on the proposal.
e. NEPA Regulations ? 1502.9. Draft.
Final, and Supplemental Statements,
states that
(1) Draft Impact Statements.-After a
determination has been made that the
proposed action is a major Federal
action significantly affecting the
environment, a draft EIS shall be
prepared. At the earliest possible stage
of draft EIS preparation, Federal, State,
and local agencies shall contacted to
obtain views, comments and
information about potential impacts of
the proposed actions.
(2) Final Environmental Impact
Statement.-The final EIS must reflect
all the site data; and substantive
comments submitted by other Federal,
State, and local officials, individuals,
and groups; and Agency responses to
above comments.
(1) Project or actions for which
environmental impact statements would
11 1- d 1d
h f11
t
objectives. - I norms y e ma a Inc u e e o owing.
b. NEPA Regulations ? 1501.2, Apply (a) Proposed construction of major
bNEPA early in Regulations ? theprocess, 1states thatz 501.2, Apply new facilities by the Agency that have a
significant impact on the environment.
"Agencies shall integrate the NEPA process (b) Agency acquisition or disposal of
with other planning at the earliest possible real property, by lease, assignment.
time to insure that planning and decisions purchase, or otherwise, the operation of
reflect environmental values, to avoid delays
later in the process. and to'head off potential which has a significant impact on the
conflicts" environment.
(1) Types of actions initiated by (c) Major additions or renovations of
existing Agency facilities that alter the
private parties, state, and local agencies basic functions of space and have a
and other non-Governmental entities for significant impact on the environment.
reasonably foreseeable are as follows:
(a) When an environmental
assessment or environmental impact_
statement is required to be prepared by
another Federal agency for a proposed
development; demolition, construction,
changed use or rezoning of property
located up to 500 yards beyond the
Agency property line.
fb) When an environmental
assessment or environmental impact
statement is required to be prepared by
another Federal Agency for any
proposed activity with the potential for
-electrical interferences within three
miles of an Agency installation.
'(c3 When'an environmental
assessment or environmental impact -
statement is required to be prepared by
another Federal agency for proposed
mining operations, quarrying, blasting,
heavy construction, or tunneling within
three miles of an Agency installation
having an appreciable manmade seismic
disturbance that may interfere with the
Agency's operation of precise measuring
equipment and the conduct of vibration
sensitive research.
(2) This Instruction and the NEPA
process form the basic policy for
advising potential applicants of
requirements for early consultation in
cases where Agency involvement is
reasonably foreseeable.
(3) The Director of Logistics has been
designated the responsible officer for
making the identifications and
implementing the policies under
subsections (1) and (2) above.
c. NEPA Regulations ? 1501.4.
Whether To Prepare an Egvironniental
Impact Statement, states Thal:
-_ (d) Master plans for facilities and
installations which involve a series of
actions for long-range planning and
improvement having a significant impact
on the environment.
(2) Projects or actions for which -
environmental assessments or
environmental impact statements are
not normally required (categorical .
exclusions) include the following:
(a) Repair and improvements to
existing facilities that do not .alter the
functions of the space.'
(b) Additions to existing facilities
when the present function of the facility (3) Supplemental Statements. 'A
is not changed and the addition has no supplemental EIS shall be prepared
appreciable effect on existing utilities, when the Agency makes substantial
transportation, or clean air. changes in the proposed action that are
(c) New and replacement construction relevant to the environmental concerns.
on existing installations or locations The supplement shall only address those
when new real estate is not required, new factors and the conclusions of the
existing transportation and utilities are original EIS. The supplemental EIS shall
not appreciably affected, no significant be prepared, circulated and filed as an
change in the skyline occurs when addendum to the original EIS:
viewed from outside the installation F. NEPA Regulations 115053, Agency
property boundary, and no appreciable 'Decisionmakin P dures, states that: -E-7 7
increase in noise or air pollution occurs. (1) e Director of Logistics as een
(d) Changes in function of existing
facilities when no appreciable change designated the Responsible Official who
or
effect to existing utilities, transportation, shall:
-
clean air, or noise occurs. (a) Detyrmine i~,f proposed Agency
(e) Acquisition, use, or disposal of real actions require environmental impact
property by lease assignment, purchase, stRements. (b) Ensure the fullest
or otherwise when no physical impact practicable provision of timely public
occurs to the environment. information relative to AQ ncy plans for
(f) Actions that force displacement of actions the t y e described in
personnel, affect the social or economic paragraph 3.c. w tc will impact on the
environment, but have no impact on the human environment, and he shall obtain
physical environment. - t views and comments of interested
(g) New construction covered by an parties before taking final
existing and approved Master Plan administrative action.
when-thie impact was previously (2) The Chief, Real Estate and
assessed during Master Plan preparation Construction Division, will assist the
"In determining whether to prepare an and approval. Director of Logistics as required,
Environmental Impact Statement the Federal (3) Projects or actions which are not including the following:
agency shall: Determine under its procedures covered by paragraphs (1) and (2) above (a) Provide technical competence for
supplementing these regulations (described in or which may be controversial shall assessment studies of proposed projects
t -eQ cz~-t fir'
 (b) Develop environmental impact
ec} ;Maintain a list of actions for which
' environmental statements are being
prepared, revising the list as proposed
Counsel) shall review and approve all
environmental assessments,
environmental impact statements, and
supplements as well as other matters
pertaining to environmental law.
(4) Independent Operating Officials
shall review proposed projects with the
Director of Logistics at the earliest
possible stage of the proposal.
g. NEPA Regulations ? 1506.6, Public
environmental impact statements which
safeguarded and restricted from public
dissemination in accordance with agencies'
own regulations applicable to classified
information. These documents may be
organized so that classified portions can be
included as annexes in order that the
unclassified portions can be made available
to the public."
(4) The following points are to be
covered in draft and final environmental
impact statements:
(a) Describe the proposed action and
its purpose.
(b) Describe the existing environment
to be affected, supplemented with,maps,
photos, charts, and other graphic media
commensurate with the extent of the
? 1506.6(e), interested persons can required at the particular level of
obtain information or status reports on decisionmaking.
environmental impact statements and (c) State relationship of proposed
other elements of the NEPA process
except for classified information
provided under NEPA Regulations
Section 1507.3. This information can be
obtained by contacting Director of
Logistics, Central Intelligence Agency,
Washington, D.C. 20505, Tel. (703) 351-
1100, ext. 8200.
h. NEPA Regulations ? 1507.3(b).
Agency Procedures, states that: "Agency
procedures shall comply with these
regulations except where compliance
would be inconsistent with statutory
requirements and shall include:"
(1) Those procedures required by
paragraphs 3.b. (NEPA Regulations
? 1501.2, Apply NEPA Early in the
Process). 3.c.(3) (NEPA Regulations
? 1502.9. Supplemental Statements), 31
(NEPA Regulations ? 1505.1, Agency
Decisionmaking Procedures), 3.g. (NEPA
Regulations ? 1506.6, Public
Involvement) above, and NEPA
Regulations ? 1508.4 (Categorical
Exclusions).
(2) Criteria for typical classes of
actions are included in paragraphs
3.c.(1), 3.c.(2), and 3.c.(3) above and
respectively represent actions which
normally require an environmental
impact statement, categorical
exclusions, and environmental
assessments.
(3) NEPA Regulations ? 1507.3(c),
states:
"Agency procedures may include specific
criteria for providing limited exceptions to
the provisions of these regulations for
classified proposals. They are proposed
actions which are specifically authorized
under criteria established by an Excecutive
Order or statute to be kept secret in the
interest of national defense or foreign policy
and are, in fact, properly classified pursuant
Federal Register I Vol. 41. No. 150 ( Thursday. August 2. 1979
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5_ _...-t, r,.~,-?i,.?,. order or s atu .
action to land-use plans, policies, and
controls for the affected area.
(d) Describe the probable impact on
the environment in both positive and
negative aspects. Include primary and
secondary consequences which cannot
be avoided such as pollution, urban
congestion, and threats to
environmental goals.
(e) State alternatives to the proposed
action and illustrate desirability relative
to the recommended course of action
proposed. Discuss alternative measures
to compensate for losses to wildlife and
alternate design approaches that
significantly affect consumption of
energy or other resources.
(f) Discuss the relationship between
local, short-term use, and the
maintenance and enhancement of long-
term productivity of man's environment.
(g) 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.
(h) indicate other interests and
considerations of Federal policy which
are thought to offset the proposed
action's adverse effects.
(i) Where appropriate, discuss
problems and objections raised by other
Federal, State, and local agencies and _
by_ the public during the review process.
(5) Review of Environmental
Statements by Federal, State, and Local
Agencies: -
(a) To meet statutory requirements of
making environmental statements
available to the President, draft
statements and final statements,
together with the substance of all
5,qR9.0AJ00J 8 00d 46e Office of
EnWnmentat Review. Environmental
Protection Agency. 401 M Street, S.W.,
A-104. Washington, D.C. 20460. as soon
as they are prepared. Transmit
statements to the EPA in ten copies.
Simultaneously. copies being sent to
other agencies for review and comment
should be issued.
(b) Draft environmental statements
should be circulated for review to
Federal and State agencies with
relevant expertise.
(c) Draft environmental statements
should be submitted in all cases to the
Environmental Protection Agency for
review and written comment. ,
(d) 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.
(e) Inquiries regarding these Agency
procedures, environmental impact
statements, or assessments are to be
directed to: Director of Logistics, Central
Intelligence Agency. Washington, D.C.
20505, Tel. [phone]. ext. 8200.
James H. McDonald,
Director of Logistics.
IFR Doc. -9-23869 Filed 8--1-79,,8.45 ..ml
BILLING CODE 6310-02-M
CIVIL AERONAUTICS BOARD
Applications for Certificates of Public
Convenience and Necessity and -
Foreign Air Carrier Permits Filed Under
Subpart 0 of the Board's Procedural
Regulations
Notice is hereby given that, during the
week ended July 27,1979 CAB has
received the applications listed below,
which request the issuance, amendment,
or renewal of certificates of public
convenience and necessity or foreign air
carrier permits under Subpart Q of 14
CFR 302.
Answers to foreign permit
applications are due 28 days after the
application is filed. Answers to
certificate applications requesting
restriction removal are due within 14, days of the filing of the application.
?Answers to conforming applications in a
restriction removal proceeding are due
28'days after the filing of the original
application. Answers to certificate
applications (other than restriction
removals) are due 28 days after the
filing of the application. Answers to
conforming applications or those filed in
conjunction with a motion to modify
scope are due within 42 days after the
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