Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
December 9, 2016
Document Release Date: 
September 27, 2000
Sequence Number: 
Case Number: 
Publication Date: 
August 8, 1970
Content Type: 
PDF icon CIA-RDP86-00244R000100190009-7.pdf443.99 KB
Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190009-7 TAB Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190009-7 ;.,Approved Fo elea$~ ~'1/ 199 1 f' ~, " \ c ~1 ?e . fR8~~Og 4 00100190009-7 F-! L am: ~~ III ~ p ' f r ~e ~. ?~"-?,' 7' WASH{ CTON, D. C. 20301 PUG $ Ialu MEMORANDUM FOR: Secretaries' ecr taries of the Milit:try Departments Chairman of the Joint Chiefs of Starf' Director of Defense Research and Engin-_;ring Assistant Secretaries of Defense Assistants to the Secretary of.Defense Directors of Defense Agencies SUBJECT: Interim Guidelines on Environmental Statements 1. Purpose. Pending the publication of a DoD Directive on the National Environmental Policy, this memorandum provides interim guidance with regard to the general policies and procedures Section 102(2)(C) of Public Law 91-190, the ~;ational Environmental Policy Act of 1969 (DEPA); Executive Order 11514; and the Interim Guidelines for Statements on Major Federal Actions Affecting the Environment published by the Council on Environmental Quality (CEQ). This memorandum will amplify these documents by (a) identifying actions requiring environmental statements; (b) clarifying procedures for obtaining the information and reviews required for -their p=eperation; (c) designating officials responsible for the preparation, review and disposition of environmental statements; (d) insuring proper coordi- nation of such actions, including consultation. with appropriate Federal, State and' local agen_c_es: and (e) extiaimir~_ require-._ !nen for p ~,s r_ovidin timely public information on proposals for legislation and othci major actions having potential significant adverse Meets on the natural environment. 2. Background Inf ors: ation . Section 101 of the NEPA has established the Federal policy on environmental quality. Section 102 of the WPA directs that the policies, regulations and public laws of the United States will be interpreted and administered to the fullest extent possible in accordance with the = _PA. Section 102(2) (C) of the 17-EPA requires,, among other things, that there be included with every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the natural environment a. detailed five-point statement of the environmental impact of the intended action. Approved For Release 2001/08/09 : CIA;RDP86-00244R000100190009-7 has ` 66 8n ~' CSI'-jp~-p L ' p 1 ervi~"Onmenta s -ate~nent, e respons-iLLLe Fcc era of icia shall consult with and obtain the comments of..any Federal agency which has jurisdiction by law or special expertise. Copies.of such statements and the'comments and views of the appropriate Federal, State and local agencies which axe authorized to develop and enforce environmental standards will be made available to the President, the CEQ and the public, and will accompany the proposal through the existing agencj review processes. ,The CEQ has provided Interim Guidelines herewith attached to assist Federal departments, agencies and establishments-to implement the IEPA. 3. Policy. a. At the inception of a major action, including the preparation of recommendations on reports or proposals for legislation of primary concern to the Department of Defense, the Office of the Secretary of Defense, Military Departments, Organization of the Joint Chiefs of Staff, and Department of Defense Agencies (hereafter referred to-as DoD components) shall make an assessment of the probable ecological and environmental impacts of that action, b. In the continuation of an existing program which was initiated prior to the passage of the PTEPA, DoD components will similarly assess the environmental. impact of the proposed continuing action. a. If these appraisals indicate that (1) a significant adverse environmental effect will result from a proposed action or a proposed legislation or (2) a proposed action is likely to be controversial with respect to environmental effects, a five-point draft environmental statement will be prepared in accordance with this memorandum. 4. Actions Requiring Environmental Statements. a. The necessity for submitting an environmental impact statement should be evaluated in accordance with the attached CEQ guidelines. If in the best judgment of the DoD component, the proposed action will cause important adverse changes in natural surroundings, including effects on man, wild life, plants, fish and marine life, or will result in substantial controversy, submission of an environmental statement is required. To assure that.the requirements of the 1EPd are met, DoD components will interpret broadly the scope of the term ? "significant adverse environmental effect." Approved For Release 2001/08/09: CIA-RDP86-00244R00010-0190009-7 b. Activities or actions of the follow in; tunes, in -particular, show p c vetl' dx.~teie 64 R~lpsg`rib'2t4 t ioc o`o~i obi -7~n enviro menca. statement: C .(1) Real estate acquisitions,. outleases of land, and developments of new installations; (2) Construction at installations or major mission changes which will result in a significant impact on the surrounding communities or natural resources; (3) Initiation of the development of new weapon systems whose noncombat use may adversely affect the environment; (4+) Programs for weapons testing; (5) Large scale training operations; (6) Programs for utilization of pesticides and herbicides; (7) Proposed legislati6n which, if enacted, would initiate. commitments of natural resources, result in possible degradations of the environment, forecast changes in the use of land, or alter population concentrations, c. Examples of some activities or actions which normally would not require submission of an environmental statement include the following: (1) Improvement projects for the abatement of air and water pollution; (2) Routine training operat' oru3; (3) Combat operations; (?~) Transportation of munitions; (5) Activities or actions in foreign countries (However, the requirements of Section V, I of DoD Directive 5100.50 are to be complied with.); d. Separate guidance will be issued, regarding environmental protection requirements of contractors in their performance of contracts with'the Department of Defense. ? e. Projects or Pro reins Initiated Before January 1, 1970. Consistent with the above guidelines, an environmental statement shall be filed Approved For Release 2001/08/09 CIA-RDP86-00244R000100190009-7 on ~ O-e~ OOR 3' 9~ lA~r- i2 `~'~ ~~ I~o~b9 e. environment even though the actions arise from projects or proroms initiated prior to enactment of the NEPA on,January 1, 1970. Where it is not practicable to reassess the basic course of action, further incremental major actions should take into account environmental consequences not fully evaluated at the outset of the project or program. f. In cases where the DoD component has any doubt about the necessity of preparing an environmental statement for a particular proposed action, the Office of the Assistant Secretary of Defense (Health and Environment) (OASD(H&E)) should be consulted. 5? Preparation of an Environmental Statement. An environmental statement shall be prepared by the DoD component which is proposing the intended activity, is proposing the legislation, or is the principal agency concerned with the proposed legislation. The statement must include, the following information: a. Predictions of the probable total impact of the proposed action on the environment. This shall include commentary on the direct impact on some part of the environment such as the clearing of forests or the pollution of air or water resources, as well as the more threatening dangers associated with changes in existing ecosystems. Likewise, any benefits to the environment resulting from the proposed action shall be mentioned. b. A statement of any adverse environmental effects which cannot be avoided should the proposal be V : Demented. This would tnclude an evaluation of the extent to which aesthetically or culturally valuable surroundings, human health, high standards of living, and other of life's amenities would be sacrificed. e. A list of carefully developed alternatives to the proposed.action that might avoid some or all of the adverse environmental effects. Include with these alternatives economic, technical and operational considerations, as well as their environmental impact. d. Exposition of the relationship bet-?een local short-term uses of the environment and the traintenance and cihancement of lonc;--terra productivity. For this exposition, assossment of the action's cu_:ulative and long-term effects is required. Short-term uses are to be cons',rued as those not affecting succeeding generations. e'. An inventory of all irreversible and irretrievable commitments of natural resources which would be involved if the proposed -action should be impi "entcd. hi section should identify the extent to which the action curtails beneficial uses of the environment. Approved For Release 2001/08/09: CIA-RDP86-00244R000100190009-7 Approved Fd Release 2001/08/09 : CIA-RDP86-0024 000100190009-7 6. Processing; Fnvi rormental Statement Ori ~;innted try a DoD Component. a. Submission of Draft Statement to rthe OASD(H.-.)O The cognizant DOD component shall prepare a drai't environmental statement in accordance with paragraph 5 above and submit 3 copies to the OASD(II :E). This submission will be acco-,:mplished prior to any formal review outside the DoD. . b. Review of Draft Statement by the OASD(FI?;T~-' . The OASD(118:F,) shall review the draft statement and obtain continents from other appropriate elements of OSD. The OASD(H&:E) shall then communicate with the originating DoD component, indicating concurrence or recommending changes. c. Submission of Draft Statement to the CEQ,. Following receipt of the OASD H revie:?w and concurrence, the originating DoD component shall submit 10 copies of the draft or revised draft statement to the CEQ. A copy of revised draft, statements shall be sent to the OASD(H&). d. Review of Draft Statement by Other Federal Agencies. Immediately after submission of the draft statement to the CEQ, the originating DoD component shall solicit the views of other Federal agencies having jurisdiction by law or special expertise with any of the environmental problems associated with the proposed action in accordance with paragraph 8 of the attached. CE'Q guidelines.' e. Review of Draft Statement by State and Local Agencies; Concurrently with solicitation of the vi ewrws of other F ~--czeral agencies, the originating DoD component shall solicit comments from State and local agencies when the environmental imrac t of a pro-cosed action is pertinent to those agencies. A.significant degree of public interest in the proposed action or similar previous actions would be one indication of the pertinence of the issue to State and local agencies. Also, the need for State or local authorizations to enforce environmental standards would necessitate solicitation of their remarks. Comments on the draft environmental statement may "-e obtained directly or by publication of a summary notice in the Federal e ister. The notice in the Federal Register may specify that comments of the relevant State and local agencies must be submitted :within 60 days of publication of the notice. f. Submission of the Final Statement to the CEQ. After concluding, the review process with other Federal, State and local agencies, 10 copies of the final environmental statement including 10 copies of ..all comments received shall be forwarded to the CEQ. When appropriate, a presentation of the problems and objections raised by other agencies in the review process and the disposition of those issues should be Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190009-7 Approved Fo lease 2001/08/09 : CIA-RDP86-0024400100190009-7 included with thc f ir::i.l environmental statement. Concurrently, a copy. of the final subrIi:,sion will be provided too the OASD(H&) by the originating DoD component. 7. Processing Environmental Statements Originated by Other Federal Agencies. a. When a request for review and comment on an environmental statement prepared by another Federal agency is received by OASD(H&:E), the following procedure shall be followed: (1) The OASD(H&E) shall determine which DoD components or elements within DoD should review the environmental statement. This determination. shall be based upon the nature of the environmental impact involved and the DoD expertise available. (2) The appropriate DoD components or elements will be requested to review environmental statements and shall provide OA.SD(HH&) with comments. (3) The OASD(H E) shall prepare a consolidated review report or designate the DoD component or element with primary interest to prepare such a report. The consolidated review' report shall be forwarded to the requesting Federal agency by the OASD(H&). b. Should a request for review and comment on an environmental statement from another Federal agency be received directly by, a DoD component, these procedures shall be follo,,ed. If the DoD component: (i) Concurs with or without comment - reply directly to the requester and?prollide the O='*---FE)_ Y:ith an information copy; (2) Nonconcurs - send the proposed comments to the OASD(H&:E) c. If it is determined that more than one DoD component has been requested to review and comment on an environmental statement prepared by a Federal agency, the reply shall be fcr;:ex ed through the OASD(H&E) for preparation of a consolidated response. 8. Processing of Legislative Actions. -Pending definitive Guidance from the. Off ice of r.ianageI .ent and Budget, the present methods for accomplishing coordinating actions on proposed legislation shall be continued. Necessary comments indicating the impact on the environment shall be included in DoD legislative proposals and in comments prepared by DoD Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190009-7 Approved Felease 2001/08/09 : CIA-RDP86-00240001001900.09;7 components on legislation prepared by other Fecera agencies or introduced by members of Congress and of primary concern to the DoD. 9. Availability of Environmental Irn;oact Statements and Comments to public. The DoD compo,en b which has prepared an environmental statement is responsible for making its statement and all comments pertinent to it available to the public pursuant to the provisions of the Freedom of Information Act (5 U.S.C. Sec. 552). 10. Implementing Actions. DoD components shall comply with the provisions of this memorandum and shall: a. Designate an individual who will act as liaison with the OASD(H&E) with respect to environmental impact statements. b. Identify new and continuing actions and advise the 0ASD(E ) no later than 60 days from the date of this memorandum of all environmental statements pending preparation or. submission. c. Submit 2 copies of implementing instructions to OASD(H&E) within 60 days of date of this memorandum. and procedures delineated in this memorandum within 90 days d. Provide OASD(HP:E) with recommended changes in the policies of the date of this memorandum. Attachment Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190009-7