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December 9, 2016
Document Release Date: 
September 27, 2000
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PDF icon CIA-RDP86-00244R000100190012-3.pdf237.37 KB
Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190012-3 TAB Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190012-3 Approved FocRelease 2001/08/09 : CIA-RDP86-00244R000100190012-3 INSTRUCTION NO. LI ----- - LI ------- 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 the design, construction, alteration, operation, and use of public buildings and sites, and the lease or purchase of commercial facilities to house Agency activities. 2. Background. Section 102(2)(C) of the National Environmental Policy Act directs all Federal agencies to identify and develop methods and procedures which will ensure that environmental amenities and values are given appropriate consideration in decision making along with economic and technical considerations and to prepare a detailed statement on major Federal actions that significantly affect the quality of the human environment. Executive Order 11514 of March 5, 1970, Protection and Enhance- ment of Environmental Quality, reinforces the purpose and policy of this Act, and Interim Guidelines, implementing its provisions have been issued by the Council on Environmental Quality. 3. Procedures. The following procedures are established for complying to the Act: a. Officials responsible for the environmental statements. Statements shall be prepared by the Director of Logistics who has been designated the responsible official referred to in Section 102(2)(C) of the Act. The Chief, Real Estate and Construction Division will assist the D/L as required and provide appropriate technical competence to develop statements in a timely manner con- sistent with the actions identified in subparagraph 3b, 3c and 3d of this Instruction. b. Identifying Agency actions requiring environmental statements. As a general principle environmental state- ments shall be provided when it is concluded that an Agency action will have a significant (by itself or Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190012-3 A Approved Fq)elease 2001/08/09 : CIA-RDP86-0024AR000100190012-3 INSTRUCTION NO. LI ------- LI ------- cumulatively) impact on the environment. Dollar value alone is not a sufficient indicator; a small repair and improvement project may have significant impact on the environment. Actions requiring environmental statements will include but not be limited to: (1) Awards of contracts or other agreements for repair, maintenance or operation of a facility which may through the processes involved, the residue caused or collected, and disposal thereof adversely affect the environment. (2) Acquisition of real property by lease, assign- ment, purchase, construction, or otherwise, the operation of which, by the process involved, adversely affect the environment. (3) Issuance of permits, licenses, or certificates for use of land or water for structures, dumping, or other actions that could affect the quality of the environment. (4) Actions involving the moving or displacement of people which would materially affect population density. c. Information for environmental statements. A broad spectrum of pertinent information shall be used in the preparation of the five-point environmental statement required by Section 102(2)(C) of the Act. Special attention is to be given to the pro-con presentation of alternatives that relate to the short- and long-term en- vironmental decisions. As part of these information gathering efforts, approaches being used by other Federal agencies to similar environmental problems will be ex- amined with the view of utilizing a systematic and inter- disciplinary approach. d. Content of environmental statement. (1) The following points are to be covered: (a) The probable impact of the proposed action on the environment, including impact on ecological systems such as wild life, fish as well as other marine life. Both primary and secondary significant consequences for the environment should be included in the analysis. Approved For Release 2001/08/09 : OIA-RDP86-00244R000100190012-3 Approved For..Release 2001/08/09 : CIA-RDP86-002448000100190012-3 INSTRUCTION NO. LI ------- LI ------- (b) Any probable adverse environmental impact which cannot be avoided (such as water or air pollution, damage to life systems, urban congestion, threats to health or other consequences adverse to the environmental goals set out in Section 101(b) of P .L . 91-190). (c) Alternatives to the proposed action (Section 102(2)(D) of the Act) requires the re- sponsible agency to "study, develop and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources". A rigorous exploration and objective evaluation of alternative actions that might avoid some or all of the adverse environmental effects is essential. Sufficient analysis of such alternatives and their costs and impact on the environment should accompany the proposed action through the review process in order not to foreclose prematurely options which might have less detrimental effects. (d) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity. This re- quires assessment of the action for cumulative and long-term effects from the perspective that each generation is trustee of the environment for succeed- ing generations. (e) Any irreversible and irretrievable commit- ments of resources which would be involved in the proposed action should it be implemented. This re- quires identification of the extent to which the action curtails the range of beneficial uses of the environment. (f) Where appropriate, a discussion of problems and objections raised by other Federal agencies and State and local entities in the review process and the disposition of the issues involved. (2) With respect to aspects of the proposed action which have been previously certified by the appropriate Approved For Release 2001/08/09 : CIA-RDP86-00244R000100190012-3 Approved For-Release 2001/08/09 : CIA-RDP86-0024.48000100190012-3 INSTRUCTION NO. LI ------- LI ------- State or inter-state organization as being in sub- stantial compliance with applicable standards, mere reference to the previous certification is sufficient. (3) Each environmental statement shall be prepared in accordance with the precept in Section 102(2)(A) of the Act that all agencies of the Federal Govern- ment "utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and decision making which may have an impact on man's environment." e. Consulting with Federal, State, and local agencies. Where appropriate, prior to completing a detailed draft of an environmental statement, adequate con- sultation shall be made with the regional offices of the Federal agencies which have jurisdiction by law or expertise for specific areas of environmental quality. f. Existing projects and programs. The Section 102(2)(C) procedure shall be applied to further Agency actions having significant effect on the environment even though they arise from projects or programs initiated prior to enactment of PL 91-190. 4. Preparation of final text of environmental statement. Any comments received from Federal, State, regional, or local offi- cials shall be reconciled, where practicable, with the draft environmental statement through coordination with the particular agency concerned. The environmental statement shall be revised to reflect, when appropriate, the additional data and comments obtained from those agencies. In any event a discussion of problems and objections raised by other Federal agencies and State and local entities in the review process, together with the responsible official's recommended disposition of the issues involved, shall be appended to the final text of the environmental statement. 5. Distribution of copies of final draft. After review and approval, the necessary copies of the final text of the environmental statement will be submitted by the responsible official to the Council on Environmental Quality. Approved For Release 2001/08/09 : ,CIA-RDP86-00244R000100190012-3