PROCEDURES FOR IMPLEMENTING SECTION 102 (2) (C) OF THE NATIONAL ENVIRONMENTAL POLICY ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00244R000100190012-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 9, 2016
• Document Release Date: September 27, 2000
• Sequence Number: 12
• Content Type: REGULATION

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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
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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.
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(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
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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.
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