INTERIM GUIDELINES ON ENVIRONMENTAL STATEMENTS, RCS OSD- (OT) -1570

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP86-00244R000100190011-4
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
13
Document Creation Date: 
December 9, 2016
Document Release Date: 
September 27, 2000
Sequence Number: 
11
Case Number: 
Publication Date: 
September 11, 1970
Content Type: 
MEMO
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PDF icon CIA-RDP86-00244R000100190011-4.pdf870.41 KB
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Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190011-4 TAB Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190011-4 DEPARTMENT OF THE ARMY pproved For-Re .O &W 24 00.010 S-30 September 1970 Approved For Release 2001108/09 : CIA-RDP86-002441 Q00100j0011-4 IN REPLY REFER TO AGDA (M) (10 Sep 70) LOG-C-PDBB-8316 :B 11 September 1970 SUBJECT: Interim Guidelines on Environmental Statements, RCS OSD-(OT)-1570 SEE DISTRIBUTIQN a. AR 11-21, Army Programs, Environmental Pollution Abatement, dated 3 November 1967 with 2 changes thereto. b. PL 91-190, 91st Congress, 1 January 1970, entitled "The National Environmental Policy Act." c. PL 91-224, 91st Congress, 3 April 1970, entitled "The Environment- al Quality Improvement Act of 1970." d. Council on Environmental'Quality (CEQ) Interim Guidelines. 2. The National Environmental Policy Act of 1969 (NEPA) established the Federal policy on environmental quality. Section 102 of the NEPA directs that the policies, regulations and public laws.of the United States will be interpreted and administered to the fullest extent possible in accord- ance with the NEPA. Section 102(2)(C) of the NEPA 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. The NEPA further directs that prior to submitting the final environment- al statement, the responsible Federal official 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 are 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 agency review processes. The Council on Environmental Quality has provided Interim Guidelines to assist the Federal departments, agencies and establishments to implement the National SUBJECT: Interim C' delines on Environmental Stateme- Approved For lease 2001/08/09 : CIA-RDP86-0024400100190011-4 Environmental Policy Act. A copy of the Interim Guidelines is attached as inclosure 1. 3. The purpose of this letter is to provide Interim Guidance to concerned commands and agencies pending pul7licat?on of DOD directives and revisions to AR 11-21 relating to requirements for impact statements. 4. 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 the Army, The Army proponent agency shall make an assessment of the probable ecological and environmental impacts of that action. In'the continuation of an existing program which was initiated prior to the passage of the NEPA, the proponent will similarly assess-the environmental impact of the proposed continuing action. 5. If the appraisals indicate that (a) a significant adverse environ- mental effect will result from a proposed action or a proposed legis- lation or (b) 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 letter. 6. 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 proponent agency, 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 sub- stantial controversy, submission of an environmental statement is required. To assure that the requirements of the NEPA are met, proponent agencies will interpret broadly the scope of the term "significant adverse environmental effect." - 7. Activities or actions of the following types, in particular, should be assessed carefully for the necessity of preparing an environmental statement: .a. Real estate acquisitions, outleases of land, and developments of new installations; b. Construction at installations or major mission changes which will result in a significant impact on the surrounding communities or natural resources; c. Initiation of the development of new weapon systems whose non- combat.use may adversely affect the environment; d. Programs for weapons testing; e. Large scale training operations; .Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190011-4 AGDA (M) (10 Sep 70) LOG-C-PDBB-8316-B 11 September 1970 $UBJEC~pp~ ~~ sb6fto Y ' x ' f 8~t~1~~ R~b0100190011-4 f. Programs for utilization of pesticides and herbicides;' g. Proposed legislation which, if enacted, would initiate commitments of natural resources, result in.possi-le degradations'of the environment, forecast changes in the use of land, or alter population concentrations. 8. Examples of some activities or actions which normally would not require submission of an environmental statement include the following: a. Improvement projects for the abatement of air and water pollution; c. Routine training operations; Combat operations; d. Transportation of munitions; (except lethal chemical). e. Activities or actions in foreign countries. 9. Separate guidance will be issued regarding environmental protection requirements of contractors in their performance of contracts with the Army. 10. Consistent with the above guidelines, an environmental statement shall be filed.on actions significantly adversely affecting the quality of the environment even though the actions arise from projects or programs initiated prior to enactment of the NEPA on 1 January 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. 11. In cases where the proponent agency has any doubt about the necessity of preparing an environmental statement for a particular proposed action, `.Headquarters, Department of the Army (DCSLOG) should be consulted. 12' An environmental statement shall be prepared by the agency 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. Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190011-4 SUBJECT: Interim Guidelines on Environmental Statements proAv~pe tt~~Ye11g?ein'~i4~QaLQ1nnot be C-My avoided should the proposal be implemented. This would inclqde an evalu- ation of the extent to which aesthetically or culturally valuable surround- ings, human health, high standards of living, and. other of life's amenities would be sacrificed. those not affecting succeeding generations. tivity. For this exposition, assessment of the action's cumulative and long-term effects is required. Short-term uses are to be construed as -d. Exposition of the relationship between"local short-term uses of the environment and'the maintenance and enhancement of long-term produc- impact considerations, as well as their environmental .- -avoid some or all of the adverse environmental effects. c?IncTude with these"alte nattves-economic--- -technical and operational c. A list of carefully developed alternatives to the proposed action e. An inventory of all irreversible and irretrievable commitments of natural resources which would be involved if the proposed. action should be implemented. This section should identify the extent to which the action curtails beneficial uses of the environment. 13. The cognizant Army component shall prepare a draft environmental statement in accordance with paragraph 12 above and submit 7 copies td the DA. This'submission will be=accomplished prior to any formal review outside the Army. The draft statement shall be submitted through normal command channels for the type of action which requires the statement. The statement will be reviewed by DA and if no modifications are consider- ed necessary it will be submitted to OSD. 14. Subsequent to review and approval of the statement, Headquarters, DA will request publication of a summary notice in the Federal Register. This notice willspecify that comments of the relevant State and local Agencies must be submitted within 60 days of publication of the notice. 15. It is requested addressees comply with the provisions of this letter, identify new and continuing actions, and advise Headquarters, DA (DCSLOG) no later than 30 September 1970 of all environmental statements pending preparation or submission. BY ORDER OF THE SECRETARY OF THE ARMY: Incl Interim Guidelines See page 5 for Distribution KENNETH G. WICKHAM Major General, USA The Adjutant General Approved For Release 2001198/09 : CIA-RDP86-002448000100190011-4 Approved For Release 2001-108/09 : CIA-RDP86-00244R000100190011-4 AGDA (M) (10 Sep 70) LOG-C-PDBB83l6-8T,';: SUBJECT: Interim C delines,an Environmental Stateme DISTRIBUTION: Chief of Legislative Liaison Deputy Chiefs of Staff Comptroller of the Army Chief of Research-and Development Chief, Office of Reserve Components. Assistant Chiefs of Staff -The Adjutant General Chief of Engineers The Surgeon General Chief of Chaplains The Judge Advocate General The Inspector General Chief, National Guard Bureau Chief of Information Chief, Army Reserve The Provost Marshal General Chief of Personnel Operations Chief of Support Services Chief, US_Army Audit Agency Commanding Generals US Continental. Army Command US Army Materiel Command US Army Combat Developments Command US Army Strategic Communications Command US Army Security Agency US Army Intelligence Command US Army Air Defense Command US Army, Alaska US Army SAFEGUARD System Command Commanders US Army Forces Southern Command Superintendent US Military Academy Military Traffic Management and Terminal Service Copies furnished: Office, Secretary of the Army Assistant Secretary of the Army (FM) Assistant Secretary of the Army (I&L) Office, Chief of Staff, US Army _ Commanders in Chief US Army, Europe US Army, Pacific" Commandants US Army Command and General Staff College US Army War College 11 September 1970 Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190011-4 9. State and Local Re-rie. Whore no public hearing has bey held on the propdsed artio~q o e ~ ele~gEC QQb/flB/~9t~t l ~$$a90 90~~Q1b99 1-4 invited, and where review of the proposed action by State and local agencies authorized to develop and enforce environmental standards is relevant, such State and local review shall be provided for as follo:?s: (a) For direct Federal development projects?and projects assisted > .under programs listed in Attachment D of the Br:'-eau of the Budget Circular ado. A-95j review by State and local governments will be through d proce ures set forth under Part 1 of Circular No. A-95. (b} State and local review of agency procedures, regulations and , policies for the administration of Federal programs of assistance to State and local governments will be conducted pursuant to procedures established ...(c) Where these procedures are not appropriate and where the ro osed p p -'action affects matters within their jurisdiction, review of the proposed action by State and local agencies authorized to develop and enforce environmental standards and their comments on the draft environmental statement may be obtained directly or by publication of a summary notice in the Federal Register (with a copy of the environmental statement and comments of Federal agencies thereon to be supplied on renuest). 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. 10. Use of Statements in Agency Review Processes; Distribution to Council on Environmental Quality. (a) Agencies will need to identify at what stage or stages of a series of actions relating to a particular matter the environmental statement procedures of this directive will be applied. It will often be necessary to use the procedures both in the development of a national program and in -the review of proposed' projects within the national program. However, where .a grant-in-aid program does not entail prior approval by Federal agencies of specific projects, the view of Federal, State and local agencies in the legislative. and possibly appropriation, process may have to suffice. The principle to be applied is to obtain views of other agencies at the earliest feasible time in the development of program and project proposals. Care should be exercised so as not to duplicate the clearance process, but when .,''actions being considered differ signif icantl?r from those that have already i-, been reviewed an environi::erill al stater::cnt should be provided. (b) Seven (7) copies of draft environmental statements (when -repared), seven (7) copies of all cdrm ents received thereon (when received), and .seven (7) copies of the final text of envirer:- 'craal statements should be supplied to the Council on Enviror.,r.~ental Quality in the Executive Office of the President (this will serve as making environmental statements available Incl Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190011-4 to the President). It is important that draft environmental statements be prepared id circulated for comment and fu--ished to the Council early erlavhd fleas 20D/98/QS p~IIAsR-0Q(~OA1