MEETING WITH MR. FOSTER KNIGHT, COUNSEL, COUNCIL OF ENVIRONMENTAL QUALITY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00759R000100180004-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 12, 2016
• Document Release Date: November 26, 2001
• Sequence Number: 4
• Publication Date: June 20, 1979
• Content Type: MFR

Approved Foelease 2002/01/08 : CIA-RDP85-0071000100180004-3
JUN
MEMORANDUM FOR THE RECORD
STATINTL FROM:
rro j ect I.ngineer, Field Eng i rrccr ing Branch
Real Estate and Construction Division, 01.
SUBJECT: Meeting with Mr. Foster Kn i cf It t , counsel
Council of Environmental Qu.r 1 i I.-,-
I. The undersigned met i"i.th,Mr. ter Knight, Counsel,
Council of Environmental Quality (CI:Q) , on 31 May 1979 to
deliver and discuss the Agency letter responding to Executive
Order 12114 (NEPA Abroad) per instruct.iocrs of Chief, Real
Estate and Construction Division. Originally, it was planned
to meet 1 b
t
h
IV i
s ot
Mr. N -.cholas Yost, General Counsel and
Mr. Knight, CEQ focal point for the CIA on NEPA matters;
however, Mr. Yost was on extended travel. Both are cleared
and have previously met with C/RECD to discuss the role of
NEPA overseas. They are familiar with a generalized concept
of how the Agency is affiliated overseas For support in getting
1ect~
STATINTL
2. Mr. Knight initially reviewed in ad-yanced xerox copy
of the Agency letter requesting final CEQ review of the CIA
internal procedures to implement the NEPA regulations. These
procedures recently completed the 30 day statutory period which
allowed for public commentary after being published in the
Federal Register on 18 April 1979. Since no public commentary
was received and since no internal Agency changes are contemplated,
the procedures stand as published, subject to final review by
CEQ. In his initial review, Mr. Knight indicated that only
minor comments have been made to date, generally with regard
to semantics relating to "NEPA" terminology. When asked when
CEQ comments would be forthcoming, it was indicated the
Agency procedure is queued. for review among many other agencies
who have not yet gone forward for initial publishing in the
Federal Register and consequently may he delayed. However, the
Agency would not he admonished For not, publishing by 30 June
due to delays caused by CEQ. Mr. Knight stated that the Central
Intelligence Agency was the first Agency to have their procedure
implementing NEPA published for public review.
OL 9 2480
Approved For Release 2002/01/08 : CIA-RDP85-00759R000100180004-3
 Approved For Rase 2002/01/08 : CIA-RDP85-00759100180004-3
3. After reading the Agency letter of 3]. May which
responded. to Executive Order 12111, Mr. Knight indicated that
the response citing "Agency operations overseas were classified"
and, in addition, that "Executive Order .1211.4 provides a
statutory exemption for intelligence operations" was satisfactory
(noting that this reply was accessible to the public through
the Freedom of Information Act). llor,:ever, lie and Mr. Yost
had discussed the matter of Agency operations overseas and
were still concerned on possible impact ()n the envircennrent which
might constitute an embarrassment to t.1H' President cf the United
States. Ile cited the article in the Nnn11 York Times of
27 May 1979 which described a nuclear pnij red spy dcv ice
in the Ilimalayian Mountains whi ch had lost due to a storm
and subsequent avalanche and was forte() by the Indians as a
potential threat by allowing i adioact i i ce runoff to 1)(,I-lute the
sacred Ganges River. Agency involvenmi I: was alluded to in the
above action. Particular emphasis was placed on potential
damaging economic, as well as political, effects of such
incidents in the future.
4. Mr. Knight was assured that in devices made by this
Agency all state of the art precautions for life safety and environ-
mental impact would be taken, not only for those handling the
equipment, but also to preserve the integrity of the equipment
in its surroundings. Mr. Knit ht stated that lie and Mr. Yost
would prefer that the Agency still have a procedure for overseas
operations even if it were an internal use only and classified
document. Protecting the environment under NEPA and Executive
Order 12114, as well as shielding the President from the
embarrassment of environment "incidents", a-)pears to be an
institutional obsession. The undersigned indicated to Mr.
Knight that such a procedure would be taken under advisement
by the Agency. RECD will prepare a position for review and
consideration by the Director of Logistics.
5. As directed by the Executive Officer/OL, the letter
from CEQ to the General Counsel, Department of Defense, elated
31 May 1979 which criticized the publication of the Dol)
procedures implement Executive Order 1211.1 (NEPA Abroad) was
reviewed. As background, the Doi) had elected to publish
"final" procedures in t:he Federal Reg istor without CF Q
review or allowing for pull is review and commentary. CL-'Q
is incensed and has involved, the Department of Justice in
reviewing this action. In addition, they have sent copies
2
Approved For Release 2002/01/08 : CIA-RDP85-00759R000100180004-3
 Approved For Release 2002/01/08 : CIA-RDP85-00759R00&0180004-3
of their letter to all major federal agencies. It would appear
that the broad, far reaching worI(-jw1de, activities of the
Department of Defense post major environmental problems as
viewed by CEQ which Doll would like to write off with exemptions,
statutory classifications or unilateral exclusions. These
questions will not quickly be resolved; however, in general
should not be of concern to the Central Intelligence Agency.
CIA activities are covered by exempt-ions within Executive
Order 12114 for intelligence activitie; :is well as Ihoing
classified by statutory law. There .> > yen rs "
in criticism of the Del) procedures wlrlich affects. ringers
STATINTL
STATI'NTL
Distribution:
Orig - OL/RECD Official
- OL/RECD/FEB Chrono
1 - OL Reader
1 - EO/0L
OL/RECD/FEB
(20 June 79)
Approved For Release 2002/01/08 : CIA-RDP85-00759R000100180004-3
 STATINTL Approved For Release 2002/01/08 : CIA-RDP85-00759R000100180004-3
Approved For Release 2002/01/08 : CIA-RDP85-00759R000100180004-3
 STATINTL
Notices
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 organizatiorv and
functions are examples of documents
appearing in this section.
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Sales of Certain Commodities, Monthly
Sales List (Period June 1, 1978
Through May 31, 1979); Nonfat Dry
Milk and Butter
The CCC Monthly Sales List for the
period June 1, 1978 through May 31, 1979,
published at 43 FR 29819 (July 11, 1978),
as amended at 43 FR 53737 (August 11,
1978), at 43 FR 46354 (October 6, 1978),
at 43 FR 51693 (November 6, 1978), at 43
FR 58396 (December 14, 1978), at 44 FR
4748 (January 23, 1979), at 44 FR 8319
(February 9, 1979), at 44 FR 10091
(February 16, 1979) is further amended
as follows:
1. Section 27. entitled "Nonfat Dry
Milk-Unrestricted Use Sales (instore -
Carlot Quantities)", Section 28. entitled
"Butter-Unrestricted Use Sales
(instore-Carlot Quantities)" are
deleted.
2. Section 27 is added which reads as
follows:
27. Nonfat Dry Milk-Unrestricted
Use Sales (instore-Carlot Quantities).
1. Market price, but not less than 83
cents per pound for U.S. Extra Grade
spray process in 50 pound bags. Sales
are made under Annoucement PV-DS-2.
2. Competitive offer basis: From time
to time an invitation will be issued for
competitive offers under Announcement
PV-DS-1 to purchase nonfat dry milk
which is 20 months old or older and/or
has moisture content of 4.2 percent. but
not more than 5.0 percent.
3. Section 28 is added which reads as
follows:
28, Butter-Unrestricted Use Sales
(instore-Carlot Quantities).
1. U.S. Grade A or higher: Market
price, but not less than 6.25 cents per
pound over CCC's purchase price at
each location in 60 to 68 pounds blocks.
Sales are made under Announcement-.
PV-DS-2.
e 2002/01/08 : CIA-RDP850W59R000100180004-3
Federal Register
Vol. 44, No. 76
Wednesday, April 18, 1979
2. U.S. Grade B: Market price, but not
less than 4.25 cents per pound over
CCC's purchase price for U.S. Grade A
butter at each location in 60 to 68 pound
blocks. Sales are made under
Announcement PV-DS-2.
(Sec. 4, 62 Stat. 1070, as amended (15 U.S.C.
714b); sec. 407, 83 Stat. 1055, as amended (7
U.S.C. 1427))
Effective date: Item 12:30 p.m. (EST) March
30, 1979. Items 2 and 3 8:00 a.m. (EST) April 2,
1979.
Signed at Washington, D.C. on April 9,
1979.
Ray Fitzgerald,
Executive Vice President, Commodity Credit Corporation.
[Arndt. 8]
[FR Doc. 79--12010 Filed 4-17-79; 8:45 am]
BILLING CODE 3410-05-M
CENTRAL INTELLIGENCE AGENCY
National Environmental Policy Act;
Revised Implementation Procedures
April 1, 1979.
AGENCY: Central Intelligence Agency.
ACTION: Proposed Agency implementing
procedures.
SUMMARY: These proposed Agency
procedures will supplement National
Environmental Policy Act (NEPA)
implementing procedures as required by
the Act.
DATE: Comments should be received on
or before May 18, 1979.
ADDRESS: Comments should be
forwarded to the Director of Logistics,
Central Intelligence Agency,
Washington, D.C. 20205.
FOR FURTHER INFORMATION CONTACT:
Director of logistics at the above
address or telephone [phone], ext.
8200.
Pursuant to the provisons of the
National Environmental Policy Act of
1969, as amended, (Public Law 91-190 as
amended), the Central Intelligence
Agency has revised internal procedures
to implement the provisions therein for
the preparation of environmental impact
statements for facility planning
programs.
Since this instruction is for intra-
Agency use, it will not be codified for
publication as a section of the Code of
Federal Regulations. The revised
implementation procedures follow;
1. Purpose
This Logistics Instruction prescribes
procedures for implementing the
National Environmental Policy Act
(Public Law 91-190 as amended)
hereinafter referred to as NEPA within
the Central Intelligence Agency.
2. Background
In carrying out national environmental
policy and goals, Section 1500.1(a) of the
NEPA regulations states that,
The 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 our 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 enviromental
review process is 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 Section 1500.6, Agency
Authority, states that,
Each agency shall interpret the provisions
of the Act as a supplement to its existing
authority and as a mandate to view
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
provisions of the Act. The phrase "to the
fullest extent possible" in Section 102 means
that each agency of the Federal Government
shall comply with that section unless existing
law applicable to the agency's operations
expressly prohibits or makes compliance
impossible.
(1) The Agency shall interpret the
provisions of the Act as a supplement to
its existing authority and as a mandate
to address traditional activities in view
of NEPA's national environmental
objectives.
b. NEPA Section 1501.2, Apply NEPA
Early in the Process, states that,
Agencies shall integrate the NEPA process
with other planning at the earliest possible
time to insure that planning and decisions
reflect environmental values, to avoid delays
Approved For Release 2002/01/08 : CIA-RDP85-00759R000100180004-3
 2:104 Approved off- 8gl
~.44'r 44, N. 76 ease 2002/0o1/08i tCIIAeRDP85-00e759R000(100180004-3
la'er in the process, and to head riff potential purchase, or otherwise, the operation of (1) Draft Imi,,ct Statements
conflicts. which have a significant impact on the After a de ,rmination has been made
(1) Types of actions initiated by environment, that the proposed action is a major
private parties, state, and local agencies (c) Major additions or renovations of Federal actin significantly affecting thi
aid other non-Governmental entities for existing Agency facilities that alter the environment, a draft EIS shall be
w'.Jich Agency involvement is basic functions of space and have a prepared. At he earliest possiible stage
reasonably foreseeable are as follows: significant impact on the environment. of draft EIS Irreparaticrn, Federal, State,
(a) When an environments! (d) Master plans for facilities and and local agrr ides shall be centacted to
assessment or environmental impact installations which involve a series of obtain viewf. comments and
statement is required to be prepared by actions for long-range planning and information about potential impacts of
another Federal agency for a proposed improvement having a significant impact the proposed action.
development, demolition, construction, on the environment.
changed use or rezoning of property (2) Projects or actions for which (2) Final Ens:ionnrenta! Impact
haned up to 500 yards beyond! the environmental assessments or Sta went
A,;ency property line. environmental impact statements are data; and the final sub' 3 must rcom en she site
b) When an environmental not normally required (categorical submitted sulrratantive conal,Sa
subm by ether Federal., n+.ate, ups
assessment or environmental impact xciusions) include the following: local ylrs
statement is required to be prepared by (a) Repair and improvements to and Agency individuals, to bud groups;
another Federal Agency for any existing facilities that do not alter the and Agency t? ,spnsEas to above 11 pr~iposed activity with the pcIcniial for tutu:tions of the space. comments.
elr,ctrical interferences within three (b) Additions to existing facilities (3) Supplemer: al Statements
mites of an Agency installation, when the present function of the facility A supplemr~~ital EIS shall be p epaired
1c) When an environmental s not changed and the addition has no when the Aggu.scy snakes substantial
asp;essment or environrr:ental impact appreciable effect on existing utilities, changes in thrr, proposed action that are
statement is required to be prepared by transportation, or clean air. relevant to & environmental concerns.
another Federal agency for proposed (c) New and replacement construction The supplemvirt shall only address those
mining operations, quarrying, blasting, on existing installations or locations new factors Eas d the concltrsiorrs of the
he.ivy construction, , or quarrying, tunneling within when new real estate is not required, original EIS Tie supplemental EIS shall
th~ee miles of an Agency installation i xisting transportation and utilities are be prepared, r. rculated and filed as an
th,t ee an app>reciable tznannia{Irt seismic tot appreciably affected, no significant addendum to I'ie original EI&
disturbance that may interfere with the hange in the skyline occurs when f. NEPA Serion 1505.1, Agernry
Ag ncy's operation of precise rwit ring fe1^ed from outside the installation Decisionnaekr g Procedures:
eqi ipment and the conduct of ease n property boundary, and no appreciable (1) The Dirt a for of Logistics has been
sensitive research, icrease in noise or air pollution occurs. designated the Responsible Official,
(.'.) This Instruction and the NE PA (d) Changes in function of existing who shall:
or icilities when no appreciable change or
pry;ass form the basic:. policy for'
advising potential applicants of i.ffect to existing utilities, transportation, do re uira r if proposed Agency
requirements for early applicants
toir )n in clean air, or noise occurs, actions nts, (h i environmental impact
(e) Acquisition, use, or disposal of real statements (fa 1 Ensure the fi
cri=es where Agency lnvolveamrvnt is practicable pr =vision of timely ly public
reasonably foreseeable. liroperty by lease assignment, purchase,
otherwise when no physical impact anof re! 'itiv pe er to Agency plans for
(:;)The Director of Logistics has been actions of the rrpe described d in
designated the responsible offs .-r for =curs to the environment..
(f) Actions that force displacement of humioanrneta, and will himpact on the
riiai ang the identifications and ersunnel, affect the social or economic
an env
e shall obtain
implementing the policies undo? ?vironment, but have no impact on the views and cortr,nen9s of interested
subr.r.rtions (1) and (2) above parties before r ikino finA
c. NEPA Section 1501.4, Weir her To physical environment.
(g) New construction covered by an administrative nReal
1're1wre an En vironrnentallrrprr~ ~t .istirig and approved Master Plaza
?Stat,?>nternt, states that, "In detksrrtinin (2)'i~ae Chao',, Rea Estate and
K ,hen the impact was previously Construction
of L lr. vision, viegassist the
wp anther to prepare an Environmental sessed during Master Plan preparation Director of Lot 'owl as required,
p: t Statement the Federal ra,;saucy d approval. including the f'Eoan ing;
shale Determine under itc, procedures (3) Projects or actions which are not (a) Provide ti ,:hnioal com eteace for
supllemeniing these regulations; P
upye n in Section a gul wkrether t `'vered by paragraphs (1) and (2) above assessment stui.Iies of pea:tposed projects
(described iwhich: (1) normally y which may be controversial shall and actions,
the
the proposal ro is one nwhich: (apart. I ,ve an environmental assessment (b) Develop E vironmcatal impact
an environmental
(2) omenta does ct. l 'pared. This assessment will be the statements whs.. they are deems-!d
equine an environmental (2smal mpaci asfs for a finding of "no significant necessary.
'u,rean or eta nnaim al aa-'apact" or a derision to prepare an (c) Maintain a list of actions for which
rtalemeernt (categorical eentala i:) ' E vironmental impact statement. envirorxmentaI,riatexuenta are being
(1) Projects at actions for whit la `1. NEPA Section 1502.5, Timing: prepared, revisaaig the list as proposed
tenvironmetal impact actions for hit~i would The preparation of the Enviroznental actions are add ri or dropped.
envi ony en made include the fol lowing: Ia rpact Statement (EIS) shall be started (3) The Logisti