Army Environmental Law Division
(b) If granted, a formal letter will be submitted by ASA (I&E) stating the scope, conditions and requirements of the NEPA Action. Only the ASA(I&E) can delegate this authority and responsibility. If MACOM is mandated by the HQDA to sign, it is responsible for compliance with this part and the associated environmental policy of the army. This delegation may, at the discretion of the ASA (I&E), include specific authorities and responsibilities for the coordination and staffing of the following: (3) Initiate the preparation of required NEPA analyses, evaluate proposed programs and projects to determine their environmental impact, and initiate nePA documentation for dissemination and review with other planning or decision documents. These other documents may include Form 1391 completed with Military Construction (SD) Project Data, case study and rationale files, acquisition strategies, and other documents proposing or supporting the proposed programs or projects. (e) The publication of nePA analyses in the Financial Regulation should be limited to environmental impact assessments or agreements that are environmentally controversial or of national interest or concern. When the analyses focus on measures affecting many sites in the Continental United States (CONUS), the proponent will carefully assess the need to publish a Notice of Intent in the RF, as this will require a thorough review process as well as supporting documentation that will alert the EPA and members of Congress to the action. At a minimum and according to the sponsor`s command structure, the following checks shall be carried out: e) EIA. If a measure clearly has a significant impact or if an EA cannot be completed by an INSF, an EIA shall be created. An EIA will be initiated by the NOI (§ 651.22) and will examine the significant environmental impact of the proposed measure as well as the accompanying measures to mitigate these effects. This process requires formal interaction with the public, a formal “scoping” process, and the establishment of timelines for the public review of documentation and the inclusion of public comments. The format and requirements of the EIA are discussed in subsection F of this Part (see section 651.42 for measures normally requiring an EIA).
(f) The global, transboundary, and long-term nature of environmental problems is recognized and, where consistent with U.S. national security requirements and foreign policy, initiatives, resolutions, and programs aimed at maximizing international cooperation in protecting the quality of the world`s human and natural environment must be adequately supported. Foreign Environmental Effects of Major Federal Actions (January 4, 1979), the Final Host Country Standards, DOD Directive 6050.7 (ENVIRONMENTAL Effects Abroad of Major DOD Actions), the DOD Instructions (DODI), and the requirements of this Part are executed in accordance with military decisions affecting activities outside the United States (see § 651.1(e)). A process of ecological planning and evaluation is incorporated into the military`s actions, which can have a significant impact on global commons, the environment of other nations, or protected natural or ecological resources of global importance. (1) Unless otherwise specified in this Part, the Environmental Law Division shall have a direct association with the DOJ and shall represent DA in all civil proceedings involving tort claims for exposure to environmental contamination from federal entities owned or controlled by DA. (3) Ensure that each advocate at the MACOM level undertakes the required environmental scan early in the planning process, plans for the creation of the required NEPA documentation, and uses the analysis to support the final decision.  For example, a well-executed EA or EIA on a facility master plan can eliminate the need for extensive case-by-case analysis and documentation for construction projects. After approval of an adequate overall plan (which sufficiently takes into account the potential for environmental impacts), subsequent projects may emerge from the NEPA analysis of the master plan (RA 210-20).
A different integration of the NEPA process and large-scale planning can lead to NEPA `prioritisation`, allowing the promoter to minimise the effort for individual projects and include wider environmental aspects by reference. This prioritization allows for the development of EA (programmatic) and EIA at the program level, which can bring greater economies of scale. These assessments are discussed in more detail in point (c) of this section. (c) the proponent of a measure or project identifies and describes the range of reasonable alternatives to achieve the objective and necessity of the proposed action or project by closely examining the extent of the potential impact of implementing reasonable alternatives and assessing their significance; To help identify reasonable alternatives, the attorney should consult with the Environment Agency for the facility and relevant federal, tribal, state, and local authorities, as well as the public. (a) Early integration. The Army`s goal is to simultaneously integrate environmental assessments with other Army planning and decision-making measures, thereby avoiding delays in mission completion. To achieve this objective, proponents must conduct NEPA analysis as part of a recommendation or report to decision makers prior to the decision (subject to 40 CFR 1506.1). Early planning (inclusion in facility master plans, INRMP, ICRMP, acquisition strategies, strategic plans, etc.) allows for effective execution of the program or project in the subsequent process. (ii) Integrate the environmental analysis of the system (including NEPA) into the system acquisition strategy, stage review planning, system engineering and preliminary design, critical design and production readiness verification. (b) time limits. The timing of the preparation, dissemination, submission and public availability of NEPA documentation is important to ensure that environmental values are integrated into Army planning and decision-making.
(3) Chief Counsel, WCC, will establish a direct relationship with the DOJ and represent DA in civil litigation involving tort claims for exposure to pollution (including singular and discrete incidents) arising out of construction work under the jurisdiction of the Secretary of the Army. (1) Military facilities, agencies or activities, environmental officers or planners should establish a lasting relationship with other authorities, including personnel of neighbouring local, state, regional and tribal governments and agencies. This relationship will promote cooperation and the solution of mutual land use and environmental problems and will promote the concept of regional ecosystem management as well as general cooperative problem solving. Many of these “partners” will have specialized expertise and access to basic environmental data that will assist the Army in day-to-day planning as well as NEPA-related issues. Memoranda of Understanding are encouraged to identify areas of mutual interest, establish POCs, identify channels of communication between organizations, and establish dispute resolution procedures. Additional coordination is possible from the planning and development agencies of the state and the region.