Chapter 13 NEPA Proces and  Resource P

CHAPTER 13 

NEPA Process and 

Resource Planning

This chapter summarizes:

 The importance of environmental reviews

 Actions subject to environmental reviews

 Natural and cultural resource planning

13.1 Regulatory Background

The National Environmental Policy Act (NEPA) of 1969 was signed into law on

January 1, 1970, following increased appreciation and concern for the environment. NEPA established a national policy promoting the enhancement of t

environment and established the President’s Council on Environmental Qualit

(CEQ). The essential purpose of NEPA is to ensure that environmental factors

weighted equally when compared to other factors in the decision-making process undertaken by federal agencies. The NEPA process provides the means 

federal agencies to assess the potential environmental impacts of their proposed 

actions and to identify ways to minimize and mitigate those impacts.

The NEPA regulations issued by the CEQ are contained in Title 40 of the Co

Federal Regulations, Parts 1500 through 1518 (40 CFR 1500 through 1518). T

U.S. Air Force Environmental Impact Analysis Process (EIAP) is prov

CFR 989, and environmental analysis of U.S. Army actions is outlined in 3

651. U.S. Department of the Navy Procedures for Implementing the Nati

Environmental Policy Act are outlined in 32 CFR 775. Subordinate departm

and agencies within the U.S. Department of Defense (DoD) follow addit

internal regulations, instructions, and policies. The primary DoD regulatio

applicable to NEPA implementation y DLA Energy include DoD In

(DoDI) 4715.9, Environmental Planning and Analysis, DoDI 4715.05 Environm

Compliance at Installations Outside the United States, and LAR 1000.

Environmental Considerations in Defense Logistics Agency Actions.

13.2 Planning and Review Considerations

All federal facilities, including fuel facilities, must actively integrate environmental

considerations into decision-making in accordance with NEPA. The timely implementation of the NEPA process during planning prevents delays and allow

for actions to be planned in a manner that minimizes environmental impacts to 

the greatest extent practicable.

Almost every type of action, whether it’s construction, real estate, or contracts,

undertaken by federal facilities is subject to environmental review. The environmental review process determines whether the action requires NEPA analysis 

documentation. Federal facility actions that may be subject to environmental 

review include:

 Publication of policies, regulations, and procedure

 The federal government is 

required to use all practicable 

means to create and maintain 

conditions under which man and 

nature can exist in productive 

harmony (40 CFR 1500.2).

 Federal agencies must 

incorporate environmental 

considerations into their planning 

and decision-making through 

a systematic, interdisciplinary 

approach (40 CFR 1501.2).

 There are three levels of 

environmental analysis (40 CFR 

1508): categorical exclusion (CE)

determination; preparation of 

an environmental assessment/ 

finding of no significant impact 

(EA/FONSI); and preparation 

of an environmental impact 

statement (EIS).

The Law Says
13-2 Chapter 13 NEPA Process and Resou

 Changes in mission

 New management processes, including logistics, research development test 

and evaluation, and/or procurement

 Personnel relocatio

 Real property and facility management (including master plans) and

environmental programs and plans

 Facility and structure construction, modification, or demolition

 Operations and activities including individual and unit training, overall

operation of installations, or facility test and evaluation programs

 Material development, operation and support, disposal, and/or modification

 Lease, permit, license or other entitlements for use of real property (for

example, grant of easement for utilities)

 Request for approval to use or store materials, radiation sources, and

hazardous and toxic materials or wastes that belong to DoD component

other than LA Energyon DLA Energy permitted 

Environmental review may be required for non-federal facility actions that are

facilitated through a federal facility’s contract or equipment loan. For such actions, the federal facility reviews any environmental analyses and documentation 

that has been prepared by the requesting agency to determine compliance with 

NE

13.3 Overview of the NEPA Process

The NEPA process begins when a federal agency develops a proposal to undertake an action and develops sufficient detail on the proposal to allow for analy

of that action. The NEPA process mandates that a federal agency consider 

environmental consequences of its proposed action before deciding whether 

and in what form to take an action. In simplest terms, the NEPA review proc

can take one of three forms:

 Categorical exclusion (CE

 Environmental assessment (

 Environmental impact statement (

The NEPA environmental review process for a proposed action consists of sequential decisions to be made as shown in Exhibit 13−1. One of the first quest

to ask is: Are the environmental effects of the action likely to be significant? This

helps determine the level of environmental review that is required for the proposed action. Action not normally expected to have the potential for much of an

impact may qualify for a CE while those expected to result in significant impacts

would typically require an E

13.3.1 Exclusions

A proposed action may be exempt from NEPA analysis by law or may have b

analyzed under a designated CE

The responsibility for performing 

NEPA reviews and documentation 

falls on the proponent proposing to 

initiate the action.

Don’t Forget...
Chapter 13 NEPA Process and Resource P

13.3.1.1 Actions Exempt by Law

The applicability of a law that would exempt a federal facility proposed action

from NEPA analysis must be approved by legal counsel (such s DLA Ene

military service General Counsel). If legal approval is obtained, no further revie

is required, and the action may be implemented. For an action that is exempted 

by law, a record documenting the decision must be completed and is often 

referred to as a Record of Environmental Consideration (REC). For example, 

Defense Logistics Agency (DLA)uses DLA Form 1664, Record of Dete

Environmental Evaluation. The REC must include sufficient information 

supports the determination that the action can be exempted by law from N

analysis and must be retained in the administrative record for the project.

EXHIBIT 13−1

The NEPA Process Need for Proposed Action is Identified

Execute Proposed Action (if allowed)

Prepare an Environmental 

Assessment (EA)

Approx. 12 months

Environmental Impact 

Statement (EIS) Required

Approx. 24 months

Publish Notice of Intent to 

Prepare EIS

Approx. 30 days

Finding of No Significant 

Impact (FONSI)

Conduct Scoping Process 

with Public

Approx. 60 days

Public Review and Comment

Approx. 30 days

Distribute Draft EIS

Approx. 12 months

Final EIS

Approx. 5 months

Record of Decision

Approx. 2 months

No EIS Required

Does a Categorical 

Exclusion (CE) Apply? 

Significant 

environmental 

effects?

Yes

Yes

Yes

No

No

No

Does 

the 

proposal have 

extraordinary 

circumstances?
13-4 Chapter 13 NEPA Process and Resou

13.3.1.2 Categorical Exclusions

Certain types of actions or activities may be given a CE from further environmental review because they are deemed to have insignificant environmental impacts.

Examples of a CE include issuing administrative personnel procedures or makin

minor facility renovations (such as installing energy-efficient lighting). If a federal

facility proposed action is determined to meet the qualifications of a designated 

CE, the applicability of the CE is documented, no further review is required, an

the action may be implemented. Although a proposed action may qualify for a

CE, this exclusion does not relieve the proponent of the responsibility for complying with all other environmental requirements, including local ordinances and

state or federal permits and regulations. Preparation of the necessary documentation for a CE takes approximately 2 week

Although there is overlap in the types of activities covered, specific CEs ar

developed and promulgated as part of the regulations for each military branch. 

For instance, the list of CEs can be found in the following regulations

 Air Force: 32 CFR Part 989, Append

 Army: 32 CFR Part 651, Append

 Navy: 32 CFR 775.

 DL: DLAR 

13.3.2 Environmental Assessments

When a CE is not appropriate, and it is uncertain whether a proposed action will

cause significant environmental effects, an A is prepared. The purpose of 

is to determine the significance of the environmental impacts of the proposed 

action and to analyze reasonable alternatives to the proposed action that would 

meet its overall objectives. AnEA should include an analysis or discussion 

 The purpose and need for the proposed actio

 The proposed action and a no action alternativ

 Additional alternative courses of action for any proposal that involves

unresolved conflicts concerning alternative uses of available resources

 The environmental consequences of the proposed action and alternative

  listing of agencies and persons consulte

 Conclusion regarding the impacts of the proposed action

When preparing an EA, the federal facility has discretion as to the level of publi

involvement, but generally it is considered desirable. At minimum, public and

stakeholder notification is required prior to signing the decision document for 

the A (either a FONSI or Notice of Intent (NOI) to prepa

AnEA may be either a programmatc EA or an individul EA. A progr

is prepared for broad-scope actions, such as policies, regulations, or agencywide 

programs. Such actions typically affect all or most federal facilities’ activities and

have relevant similarities across the activities, such as common timing, impacts, 

alternatives, methods of implementation, or subject matter. For such actions, a 

single programmatic A should be prepared instead of multiple individual 

Federal agencies may from time to 

time update their list of categorical 

exclusions, so be sure to refer to 

the current list in the appropriate 

military branch’s regulation.

Don’t Forget...
Chapter 13 NEPA Process and Resource P

Federal facility proposed actions that typically require preparation of an individual A includ

 Construction that may significantly alter land use or may result in significant 

environmental consequences when the constructed entity is operated

 Change in installation land use that may alter environmental conditions

 Repair or alteration projects that may affect culturally significant sites or

structures

 Actions that may affect prime or unique agricultural land, wetlands, surface

waters, floodplains, coastal zones, or other sensitive area

 Development of installation master plans, resource management plans, or

pest management plans

 Disposition of excess real property that may result in significant

environmental impacts (for example, potential contamination or presence of 

cultural resources)

 Personnel actions requiring notification of Congress under 10 United States

Code (U.S.C.) 2687 (that is, base closures and realignment

If the impacts are determined to be significant, anEIS would be required. If

EA indicates the environmental impacts would not be significant, a FONSI

be prepared for the action, and the action may be implemented.  FONSI i

document that presents the reasons why the agency has concluded that there 

are no significant environmental impacts projected upon implementation of the 

action. TheEA is either summarized in the FONSI or attached to it. It woul

approximately 12 months to prepare and complete the entire A proces

13.3.3. Environmental Impact Statements

AnEIS is the most intensive level of NEPA analyis. An EIS is prepa

federal facility proposed action is considered to likely result in significant environmental impacts or serious public controversy. AnEIS is a detailed writ

statement that fully discloses the environmental impacts of a proposed action 

and reasonable alternatives. It involves more formal preparation and processing

and engages stakeholders and the public.

Specifically, anEIS is required when a proposed action has the potential

 Significantly impact environmental quality or public health or safet

 Significantly impact historical (listed or eligible for listing in the National

Register of Historic Places), cultural, archaeological, or scientific resource

public parks or recreation areas; wildlife refuge or wilderness areas; wild and 

scenic rivers; or aquifers

 Result in significant or uncertain environmental effects or unique or unknown

environmental risks

 Significantly impact a plant or animal species that is federally listed as

threatened or endangered; a species that is a candidate for federal listing; a 

species proposed for federal listing; or critical habitat

If a federal agency anticipates that 

an action may significantly impact 

the environment, or if a project is 

environmentally controversial, the 

agency may prepare an EIS without 

first preparing an EA.

Don’t Forget...
13-6 Chapter 13 NEPA Process and Resou

 Create substantial controversy concerning the significance or nature of the 

environmental impact of a proposed action

Federal facility proposed actions that typically, but not always, require preparation of an IS inclu

 Construction or major expansion of a facility that would significantly alter 

land use or result in environmental consequences when operational

 Major construction and operation of a facility in or near wetlands, inland 

waterways, floodplains, coastal zones, or other ecologically sensitive areas, 

including protected species habitat

 Major land acquisition, outleasing, or land excessing and disposition actions 

that may significantly alter land use

 Closure of a major installation, except where the only significant impacts are 

socioeconomic, or the action is otherwise exempt by law

Some proposed actions involve only one agency, the lead agency, while other

more complex proposals require engagement from multiple agencies. For 

example, at LA Energy facilities, the host installation may engage to address 

NEPA proce

It is possible that some proposed actions may also warrant cooperation from

other federal agencies (for example, U.S. Fish and Wildlife Service [USFWS

Army Corps of Engineers [USACE], U.S. Environmental Protection A

and state and local agencies.

AnEIS includes an early and extensive public involvement process. It begin

publishing an NOI in the Federal Register stating the intent to prepare a EIS

a particular proposal. The public is then engaged in the scoping process where

a description of the proposed action and alternatives are provided. At points

during the development of the EIS, the public can comment on the draft and fin

versions of the IS and attend public meetings and public hearin

The CEQ regulations provide for a process for determining the scope or rang

of actions, alternatives, and impacts to be considered in an EIS. This proce

often called scoping, is to foster collaboration with stakeholders, integrate decision-making, identify information gaps, establish the schedule, and focus the 

NEPA revi

The next step in the process is preparing the draftEIS for public comment.

draft IS is submitted to te EPA electronically via eNEPA,and the 

Notice of Availability in the Federal Register. The comment period is at least 4

days, and public meetings or hearings may be hosted during this time as a way to 

solicit feedback.

Comments are addressed in the final EIS, and it is uploaded via eNEPA fo

to issue a second Notice of Availability with a 30-day waiting period. At the end o

this time period, the decision on the environmentally preferred action is documented in a Record of Decision (ROD). The preparation of an EIS, from sc

the issuance of the ROD, usually take approximately 24 months in addition to t

time needed to prepare an E
Chapter 13 NEPA Process and Resource P

13.3.4 Actions Similar to an Existing EA or EIS

If a federal facility proposed action is determined to be similar in scope and

impact potential to an action that has been analyzed in an existing A o EIS

that determination is documented, no further review is required and the action 

may be implemented. For an action that has been analyzed in an existing A o

EIS, a record, such as a REC or equivalent, must be completed to document

decision. This record must include sufficient information that supports the determination and must be retained in the proposed action administrative record

13.3.5 Emergency Actions

DLA Energy may immediately implement an action that has the potential

result in significant environmental impact only for reasons of national defense or 

for protection of life or property. Emergency responses to mitigate harm to life,

property, or important resources do not exempt federal facilities from complying 

with NEPA but do allow emergency actions while completing the NEPA anal

Federal facilities must coordinate with pertinent agencies and the public on 

emergency actions having significant environmental impacts to the extent that 

time allows. As the immediate emergency is being controlled, the federal facility

must work with CEQ to develop alternative arrangements for compliance with

NEPA as soon as practicab

13.3.6 Actions Abroad

The potential environmental impacts of federal facility actions conducted abroad

are required by law to be considered and analyzed via a process that is analogous 

to and consistent with the NEPA process. Actions abroad are those conduc

outside the U.S. (in other nations and in the global commons, which are geographical areas outside the jurisdiction of any nation, without any impacts in th

U.S.). DoD facility actions abroad and must comply w

 Executive Order (EO) 12114, Environmental Effects Abroad of Major Fede

Actions

 32 CFR 187, Environmental Effects Abroad of Major Department of Defense

Actions

 DoDI 4715.05, Environmental Compliance at Installations Outside the Unit

States

 Final governing standards for the host nation, if applicable

In addition,DLA facilities abroad must comply with SubartD of DLAR

Environmental Considerations in Defense Logistics Agency Actions. 

Military service NEPA requirements for actions abroad are specified by branc

and guidance is included in the following documents:

 Chief of Naval Operations Instruction (OPNAVINST) 5090.1D, Envir

Readiness Program Manual

 Marine Corps Order (MCO) 5090.2, Environmental Compliance and Protectio

Program

 Air Force NEPA regulations (32 CFR 989.37 and 98

 Army NEPA regulations (32 CFR 65
13-8 Chapter 13 NEPA Process and Resou

13.4 DLA Energy Projects and Review

When a military service’s proposed action involves LA Energy and triggers 

NEPA process, the military service (typically the installation) is responsible f

ensuring appropriate NEPA documentation is prepared and signed by personn

with appropriate authority. Refer to Appendix E forDLA Energy environme

program staff contact information. 

Military construction (MILCON) projects sometimes require n E or EIS

the size, scope, and/or location of the project; however, MILCON projects c

be categorically excluded (where appropriate), as they are often constructed 

on previously disturbed sites. NEPA documentation for MILCON projects

mandatory component of the requirements document package that the military 

service must submit for a project to be included in the LA Energy 

program. While it’s the military service’s responsibility to prepare NEPA documentatio, DLA will provide funding upon req

The host facility is responsible for funding any necessary environmental mitigation (for example, wetland mitigation or air credits).DLA Energy will fund

necessary cleanup of capitalized product.

The Sustainment, Restoration and Modernization (SRM) Program addr

preventive maintenance, functional and engineering reviews, and associated 

projects for repair or replacement of facility components. SRM projects requir

NEPA analysis and typically qualify for a CE. SRM projects that cannot be categorically excluded include those that disturb more than 5,000 square feet of 

impact natural or cultural resources, result in major impacts to the surrounding 

area (for example, surrounding transportation system), or involve something 

controversial that should have public input. NEPA for SRM projects is the responsibility of the host facility in accordance with the host facility’s NEPA gu

however, LA funding will be provided upon reques. DLA Energy may r

copies of SRM NEPA documents for recordkeeping purpose. If DLA Energy funding is used for NEPA, a copy of the NEPA documentation will

Energy . The host facility is responsible for funding any necessary environmenta

mitigation (for example, wetland mitigation or air credits). However,DLA En

will fund any necessary cleanup of capitalized product. 

Note that NEPA must be completed for the MILCON and SRM projects before funds 

for the project are released or allocated. Refer to Chapter 14, DLA Energy Funding

Support for more information on funding.
Chapter 13 NEPA Process and Resource P

13.5 Integration with Environmental Resource 

Planning

The NEPA process can serve to support or meet other environmental rev

requirements. For instance, actions that require the NEPA process may have 

impact on endangered species, historic properties, or environmental justice 

communities. The NEPA analysis, which takes into account the potential impa

of the proposed action and investigates alternative actions, may serve as a 

framework to meet other environmental review requirements.

NEPA requirements for federal facility actions should be integrated concurrent

with other planning and review procedures, such as those for the Endangered

Species Act (ESA); the National Historic Preservation Act; the Envir

Justice O 12898; and other federal, state, tribal, and local laws and regulations

The NEPA process does not replace the procedural or substantive requirements

other environmental statutes and regulations. The analyses, documentation, and

consultation requirements of other statutes and regulations may duplicate those 

of NEPA. To avoid confusion, duplication of effort, omission, and unnecessary c

and delay, federal facility personnel should identify opportunities to integrate 

NEPA requirements with other environmental requirements during the ear

planning stages of proposed projects. Some additional environmental requirements that could require evaluation by federal facility personnel in conjunction

with NEPA include those associated with the following statutes and

 Clean Air A

 Clean Water Ac

 Endangered Species 

 National Historic Preservation 

 Comprehensive Environmental Response, Compensation, and Liability

 Resource Conservation and Recovery 

 Pollution Prevention 

 Sikes A

 Fish and Wildlife Coordination Ac

 Migratory Bird Treaty A

 Protection of Historic Properties

 Archaeological Resources Protection

 Rivers and Harbors 

 Coastal Zone Management Ac

 Noise Control Ac

 O 11514, Protection and Enhancement of Environmental Quality (amended b

EO 1199

 O 13186, Responsibilities of Federal Agencies to Protect Migratory Bir

 O 11990, Protection of Wetlan

 O 11988, Floodplain Manageme
13-10 Chapter 13 NEPA Process and Resou

 O 12898, Federal Actions to Address Environmental Justice in Minorit

Populations and Low-Income Populations

 O 13045, Protection of Children from Environmental Health Risks and Safet

Risk

 O 12372, Intergovernmental Review of Federal Progra

 O 13834, Efficient Federal Operatio

A few of the more common planning documents, statutes, and EOs that m

either overlap the NEPA process or lead to a requirement for NEPA analysis

project are briefly discussed below.

13.5.1 Natural Resources Integrated Management and 

Planning

Natural resources include plants, animals, water, soils, and other resources 

that occur naturally in the environment. The Sikes Act, as amended, an

4715.03, Natural Resources Conservation Program, requires DoD installations t

develop an Integrated Natural Resources Management Plan (INRMP) to inte

natural resources management with mission activities and other installation 

management programs. The INRMP contains information on the natural resources present on an installation and provides guidance on how to protect, conser

and enhance those resources in compliance with federal, state, and local regulations. INRMPs are developed and implemented in coordination with the U

state wildlife agencies, and other appropriate stakeholders. NEPA documentation is prepared for the initial INRMP and when subsequent INRMP r

include substantial changes to natural management programs and policies.

13.5.2 Cultural Resources Integrated Management and 

Planning

Cultural resources include historic properties, archaeological artifacts, and other 

evidence of the past activities and accomplishments of people. DoD installation

are required by DoDI 4715.16, Cultural Resources Management, to develop 

Integrated Cultural Resources Management Plan (ICRMP) to integrate cultural resources management with mission activities and other installation manag

programs. The ICRMP provides guidance on how to identify and protect cultu

resources on the installation in compliance with federal and state regulations. As

with the INRMP, NEPA documentation is prepared for the initial ICRMP 

subsequent revisions include substantial changes to management programs and 

policies.

13.5.3 Protection of Federally Listed Species and Migratory 

Birds

Plant and animal species that are federally listed as endangered or threatened

are legally protected under the ESA. he ESA requires federal agencies to 

that actions they authorize, fund, or carry out won’t likely jeopardize the continued existence of federally listed species, or result in the destruction or adverse 

modification of designated critical habitat of such species. It also requires that

federal agencies implement measures to conserve, protect, and, where possible, 
Chapter 13 NEPA Process and Resource Pl

enhance any listed species and its habitat. TheESA is administered by USF

the National Marine Fisheries Service (NMFS

Section 9 of theESA prohibits any taking of a listed species. The definition of 

under the SA includes to harass, harm, hunt, shoot, wound, kill, trap, captur

or collect, or attempt to engage in any such conduct. Harm under this definition 

may include an act that indirectly results in the killing or injuring of a species via 

habitat modification or degradation that impairs essential behavior patterns, 

including breeding, feeding, or sheltering (50 CFR 17.3). Agency Consultatio

Sections 7 and 10 of theESA allow USFWS and NMFS to approve except

the federal prohibition against taking of a listed species.

Migratory birds are protected under the Migratory Bird Treaty Act (MBTA) 

EO 13186, Responsibilities of Federal Agencies to Protect Migratory Birds EO 13

requires that federal agencies avoid or minimize the impacts of their activities 

on migratory birds and make efforts to protect migratory birds and their habitat. 

There are over 800 species of migratory birds in the U.S. protected by international treaty and the MBTA. Criminal penalties may be issued for taking or kil

migratory birds and damaging their nests. More specifically, the MBTA prohibit

pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting 

any migratory bird (as egg, chick, or adult). Taking is prohibited regardless if it is

intentional, accidental, or incidental, including failure to exercise care. It’s also

a violation of the MBTA if an active nest is abandoned by the adult birds whe

new work activities (for example, people, vehicles, or noise) begin in the area.

Breeding season is specific to each species and should be considered in developing the field work and construction schedule. Projects may need some activities

to be delayed until after breeding season.  pre-activity survey needs to be

conducted to look for signs of migratory birds. If migratory birds and their habitat are identified, then a mitigation plan needs to be developed. Some example

of mitigation measures for consideration include lowering cranes and drill rig 

derricks when not in use, prohibiting after-hours lighting directly on trees, and 

protecting and isolating nests with buffers and barriers until chicks fledge.

Potential impacts to protected species, migratory birds, and habitat that could

support such species from proposed actions are identified as part of the N

process, enabling the proper agency coordination, documentation, and approval 

processes to occur.

13.5.4 Protection of Water Resources

There are a number of statutes, regulations, and EOs that could be potential

applicable to a LA Energy projects and trigger NEPA. These include th

Water Act (CWA), Rivers and Harbors Act, and Coastal Zone Management

Section 404 of the CWA establishes a permit program to regulate the discharg

of dredged or fill material into the waters of the U.S., including wetlands. Secti

10 of the Rivers and Harbors Act prevents the creation of any obstruction n

authorized by Congress to the navigable capacity of any of the waters of the U.S.

except as authorized by USACE. Section 307 of the Coastal Zone Manage

Act requires that activities that have reasonably foreseeable effects on any land

or water use or natural resource of the coastal zone must be consistent with 

The Palos Verdes blue butterfly is 

an endangered species living at 

DFSP (DFSP) San Pedro. DLA is a 

key member of the conservationist 

team trying to increase the Palos 

Verdes blue butterfly population by 

raising them in captivity and releasing them back to the environment.

Did You Know?
13-12 Chapter 13 NEPA Process and Resou

the applicable state’s coastal management program. In addition,EO 1199

Protection of Wetlands, and O 11988, Floodplain Management, require tha

activities (for example, construction) that would adversely affect wetlands and 

floodplains be avoided unless there is no practicable alternative.

Proposed actions atDLA Energy or military service marine terminals coul

subject to these statutes and EOs. For example, the issuance of a permit unde

Section 404 or Section 10 constitutes a federal action subject to the requirement

of NEPA, including the preparation of n EIS if the environmental effects o

permit issuance are deemed to be significant.

13.5.5 Environmental Justice and Protection of Children

EO 12898, Federal Actions to Address Environmental Justice in Minority Population

and Low-Income Populations, was issued in 1994 to focus attention on the environmental and human health effects of federal actions on minority and low-income populations. TheEO directs federal agencies to determine if their actions 

potential actions could have disproportionately high and adverse human health 

or environmental effects on minority and low-income populations. O 13045

Protection of Children from Environmental Health Risks and Safety Risk, was issued 

in 1997. TheEO requires identification of environmental health risks and safe

risks that may disproportionately affect children. Under these EOs, proposed federal actions need to include a determination of whether children or minority 

low-income populations are present and could be adversely impacted. Examples

of potential impacts include noise, air emissions, or increased traffic that affect 

areas adjacent to facilities.

Early identification of potential environmental justice and children’s health issues

via the NEPA process provides both project proponents and local communiti

more time and flexibility in finding solutions adequate for all parties.

13.6 State Requirements

Several states have environmental statutes and processes that are analogous and

similar to NEPA. These state statutes require branches of government within 

respective state (state agencies, counties, cities) to follow a protocol of analysis 

and public disclosure of environmental impacts of proposed actions by the state 

agency and to implement measures to mitigate those impacts. Federal agency 

projects are usually not subject to the state NEPA process, but federal agenci

may be asked to coordinate and review certain state projects.

Cooperation with state and local agencies should occur when feasible to reduce 

duplication between NEPA and comparable state and local requirements. S

cooperation may include the preparation of joint EAs and EISs, participatin

a cooperating agency, and holding joint public hearings. In such cases, federal

agencies cooperate with the state, tribal, and local governments to integrate 

environmental impact analysis and documentation requirements so that one 

document will suffice for complying with as many applicable environmental laws 

and requirements as practicable. States with programs similar to NEPA incl

 The California Environmental Quality Act (CEQA) does not apply to fed

facilities or federal actions unless the state of California or a local California 

State Requirements
Chapter 13 NEPA Process and Resource Pl

governmental body has a separate state-specific discretionary approval of 

a project (for example, approval of an operating or discharge permit). If no

state or local discretionary approval authority exists for a project, CEQA doe

not apply. For remedial activities subject to state discretionary approval in 

California, the California Department of Toxic Substances Control (

will establish whether the project is categorically exempt from or subject 

to CEQA review. Some minor remedial activities are explicitly exempt fr

CEQA under Title 14 of California Code of Regulations, Chapter 3, Art

19 (Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate 

Release or Threat of Release of Hazardous Water or Hazardous Substan

For projects not considered exempt from CEQA, DTSC will deter

whether and the extent to which the project requires CEQA review

Examples of CEQA compliance formats include checklists of environment

impacts, Initial Studies (IS), and Environmental Impacts Reports (

type of CEQA compliance document is at the discretion of the DTSC as

agency with approval authority over a project.

 New York’s State Environmental Quality Review Act (SEQR) does not ap

federal facilities or federal actions. However, NEPA and SEQR reviews 

coordinated to reduce duplication and potential conflict between the two 

levels of government. Specifically, for federally funded projects implemented

by non-federal entities, a coordinated SEQR and NEPA review proces

include joint procedures to satisfy both state and federal requirements, 

such as EAs, scoping and preparing EISs, conducting public hearings,

preparing and publishing public notices.

 Washington’s State Environmental Policy Act (SEPA) does not a

federal facilities or federal actions; however, NEPA ad SEPA reviews 

coordinated as described above for NEPA and SEQR re

13.7 For More Information

For Information On... See...

Regulatory Agency

EPA NEPA website www.epa.gov/complianc

EIS Filing Guidance www.epa.gov/nepa/environmental-impact-statement-filing-guid

EIS Database https://cdxnodengn.epa.gov/cdx-enepa-pub

action/eis/search

Fed Center NEPA website https://www.fedcenter.gov/programs/n

Council on Environmental Quality www.whitehouse.gov/ceq

Documents and References

DoDI 4715.03, Natural Resourc

Conservation Program

www.dodnaturalresources.net/files/

DoDI_4715_03.pdf

DoDI 4715.9, Environmental Planni

and Analysis

www.denix.osd.mil/nepa/

home/nepa-home-documents/

existing-dod-policy-dod-directive-4715-6/

DoDI 4715.16, Cultural Resourc

Management

www.esd.whs.mil/Portals/54/Documents/

DD/issuances/dodi/471516p.pdf?ver=2017-11-21-114100-670 471516p.pdf

For More Information
13-14 Chapter 13 NEPA Process and Resou

For Information On... See...

DoDI 4715.05 Environmen

Compliance at Installations Outside th

United State

https://www.esd.whs.mil/Portals/54/

Documents/DD/issuances/dodi/471505p.

pdf?ver=2017-10-05-073242-057

Department of Defense Regulations, 

CFR 187, Environmental Effects Abr

of Major Defense Department Acti

www.gpo.gov/fdsys/pkg/CFR-2011-title32-vol1/

pdf/CFR-2011-title32-vol1-part187.pdf

Army Environmental Command,

Suppor

www.aec.army.mil/index.php?cID=340

Army NEPA Regulations: 32 CFR 651 https://www.gpo.gov/fdsys/pkg/CFR

title32-vol4/pdf/CFR-2011-title32-vol4-part651.

pdf

Air Force Civil Engineer Center,

Suppor

https://www.afcec.af.mil/Home/Environment/

National-Environmental-Policy-Act-Center/

Air Force NEPA Regulations: 32 CFR 989 www.gpo.gov/fdsys/pkg/CFR-2011-title32

pdf/CFR-2011-title32-vol6-part989.pdf

OPNAVINST 5090.1C, Environ

Readiness Program Manu

www.public.navy.mil/surfor/

Documents/5090_1C_CHANGE_1.pdf

Navy NEPA Regulations, 32 CFR 775 www.gpo.gov/fdsys/pkg/CFR-2011-title32-

pdf/CFR-2011-title32-vol5-part775.pdf

MCO 5090.2, Environmental Complianc

and Protection Manua

https://www.marines.mil/

Portals/59/Publications/MCO%20

5090.2.pdf?ver=2018-06-18-114045-040

DLAR 1000.22, Environme

Considerations in Defense Logistic

Agency Actio

www.dla.mil/Portals/104/Documents/

J5StrategicPlansPolicy/PublicIssuances/

r1000.22.pdf

EO 11988, Floodplain Management www.archives.gov/federal−register/ codification/executive−order/11988.ht

EO 11990, Protection of Wetlands www.archives.gov/federal−register/ codification/executive−order/11990.ht

EO 12114,Environmental effects abroa

of major Federal actions

www.archives.gov/federal−register/EO12114

EO 12898, Federal Actions to Addres

Environmental Justice in Minority 

Populations and Low−Income Populations

www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf

EO 13045, Protection of Children fro

Environmental Health Risks and Safety 

Risk

www.gpo.gov/fdsys/pkg/FR−1997−04−23/ 

pdf/97−10695.pdf

EO 13186, Responsibilities of Federa

Agencies to Protect Migratory Birds

www.gpo.gov/fdsys/pkg/FR−2001−01−17/ 

pdf/01−1387.pdf

Environmental Justice, Guidance Und

the National Environmental Policy 

www.epa.gov/sites/production/files/2015-02/

documents/ej_guidance_nepa_ceq1297.pdf
Chapter 13 NEPA Process and Resource Pl

13.8 Action Items

Item

Date 

Started

Date 

Completed N/A Comment(s)

Integrate NEPA concurrently with other planning a

review procedures.



Determine if your 

proposed action qualifies 

for a CE



Conduct an A if a CE 

not applicable (unless an 

EIS is more appropriat



Prepare a FONSI for a

that determined there are 

no significant effects from 

the proposed action.



Prepare an IS when significant impacts or publ

controversy is likely.



Coordinate with 

Energy environmental

staff for LA Ene

projects or impacts by

submitting appropriate 

public and PA notifications during te EIS e



Implement final action 

per NEPA proce



Action Items
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