NAIS Environmental Planning
Congressional Mandate
Although mandated by Congress, consideration of the NAIS project includes analysis of the proposed project's natural and human environmental impacts. The Coast Guard is the lead agency for determining the scope of this review, and in this case the Coast Guard determined that the review had to include preparing a Programmatic Environmental Impact Statement (PEIS). The purpose of a PEIS is to evaluate the expected impacts across the entire program as it is implemented. It is not intended to describe in great detail the impacts at a specific site or location, because at the time the PEIS was prepared, no implementation sites had been identified. As implementation sites are identified, additional environmental documentation will be prepared that evaluates and describes the impacts expected.
Range of Environmental Compliance
The list below represents the environmental laws, regulations, and executive orders that the NAIS project must comply with during project development, implementation, and operation. Each implementation site for each increment will be evaluated to determine if it is in compliance with all of the applicable laws, regulations, and executive orders.
Applicable Laws and Executive Orders1- Archaeological and Historical Preservation Act, 16 United States Code (U.S.C.) 469
- Clean Air Act, 42 U.S.C. 7401–7671q, as amended
- Clean Water Act, 33 U.S.C. 1251–1387 (also known as the Federal Water Pollution Control Act)
- Coastal Barrier Resources Act, 16 U.S.C. 3501–3510
- Coastal Zone Management Act of 1972, 16 U.S.C. 1451–1464
- Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601–9675 (also known as “Superfund”)
- Endangered Species Act of 1973, 16 U.S.C. 1531–1543, as amended
- Farmlands Protection Policy Act, P.L. 97-98, 7 U.S.C. 4201, et seq.
- Fish and Wildlife Coordination Act, 16 U.S.C. 661–667e, as amended
- Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801–1883, as amended
- Marine Mammal Protection Act of 1972, 16 U.S.C. 1361–1389, 1401–1407, 1538, 4107
- Maritime Transportation Security Act of 2002, Public Law (P. L.) 107-295
- Migratory Bird Treaty Act, 16 U.S.C. 703–712
- National Environmental Policy Act of 1969, 42 U.S.C. 4321– 4370e, as amended
- National Historic Preservation Act, 16 U.S.C. 470–470x-6
- National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq.
- Noise Control Act of 1972, 42 U.S.C. 4901–4918
- Nonindigenous Aquatic Nuisance Prevention Control Act of 1990, 16 U.S.C. 4701–4751
- Occupational Safety and Health Act of 1970, 29 U.S.C. 651–678
- Port and Waterways Safety Act, 33 U.S.C. 1221–1232
- Wild and Scenic Rivers Act, P.L. 90-542, 16 U.S.C. 1271, et seq.
- Resource Conservation and Recovery Act, 42 U.S.C. 6901–6992k
- Executive Order (EO) 11988, Floodplain Management, May 24, 1977
- EO 11990, Protection of Wetlands, May 24, 1977
- EO 12372, Intergovernmental Review of Federal Programs, July 14, 1982, 47 Federal Register (FR) 30959 (6/16/82), as supplemented
- EO 12898, Environmental Justice, February 11, 1994, 59 FR 7629 (2/16/94), as amended
- EO 13148, Greening the Government Through Leadership in Environmental Management, April 21, 2000, 65 FR 24595 (4/26/00)
- EO 13175, Consultation and Coordination with Indian Tribal Governments, November 6, 2000, 65 FR 67249 (11/09/00)
- EO 13186, Responsibilities of Federal Agencies to Protect Migratory Birds, January 10, 2001, 66 FR 3853 (1/17/01)
- EO 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971, 6 FR 8921 (5/15/71)
A number of other laws and Executive Orders may be relevant to individual installations sites and will be evaluated on a case-by case basis include, but are not limited to:
- Abandoned Shipwreck Act, 43 U.S.C. 2102, et seq.
- American Indian Religious Freedom Act, 42 U.S.C. 1996, et seq.
- Antiquities Act, 16 U.S.C. 433, et seq.
- Archaeological Resources Protection Act, 16 U.S.C. 470 aa-ll, et seq.
- Architectural Barriers Act, 42 U.S.C. 4151, et seq.
- Community Environmental Response Facilitation Act, 42 U.S.C. 9620, et seq.
- Department of Transportation Act, P.L. 89-670, 49 U.S.C. 303, Section 4(f), et seq.
- Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11001–11050, et seq.
- Environmental Quality Improvement Act, P.L. 98-581, 42 U.S.C. 4371, et seq.
- Federal Insecticide, Fungicide, and Rodenticide Act, P.L. 86-139, 7 U.S.C. 135, et seq.
- Federal Records Act, 44 U.S.C. 2101–3324, et seq.
- Fish and Wildlife Act of 1956, P.L. 85-888, 16 U.S.C. 742, et seq.
- Flood Disaster Protection Act, 42 U.S.C. 4001, et seq.
- Marine Protection, Research, and Sanctuaries Act of 1972, 33 U.S.C. 1401–1445
- Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001, et seq.
- Northwest Atlantic Fisheries Convention Act of 1995, 16 U.S.C. 5601–5610
- Outer Continental Shelf Lands Act of 1953, 43 U.S.C. 1331–1356, as amended
- Pollution Prevention Act of 1990, 42 U.S.C. 13101-13109, et seq.
- Safe Drinking Water Act, P.L. 93-523, 42, U.S.C. 201, et seq.
- Toxic Substances Control Act, 7 U.S.C. 136, et seq.
- EO 11514, Protection and Enhancement of Environmental Quality, March 5, 1970, 35 FR 4247, as amended by EO 11541, July 1,1970, 35 FR 10737 and EO 11991, May 24, 1977, 42 FR 26967
- EO 12088, Federal Compliance with Pollution Control Standards, 43 FR 47707, October 13, 1978, as amended by EO 12580, January 23, 1987, and revoked (in part) by EO 13148, April 21, 2000
- EO 12114, Environmental Effects Abroad of Major Federal Actions, January 9, 1979, 44 FR 1957
- EO 12902, Energy Efficiency and Water Conservation at Federal Facilities, March 8, 1994, 59 FR 11463
- EO 12962, Recreational Fisheries, June 7, 1995, 60 FR 307695
- EO 13007, Historic Sites Act, May 24, 1996, 16 U.S.C. 46, et seq.; Indian Sacred Sites, 61 FR 26771
- EO 13045, Protection of Children from Environmental Health and Safety Risks, 62 FR 19885, April 21, 1997, as amended by EO 13229, October 9, 2001, 66 FR 52013 and EO 13296, April 18, 2003, 68 FR 19931
- EO 13089, Coral Reef Protection, June 11 1998, 64 FR 232, December 3, 1999
- EO 13112, Invasive Species, February 3, 1999, 64 FR 6183, as amended by EO 13286, February 28, 2003, 68 FR 10619
- EO 13123, Greening the Government Through Efficient Energy Management, June 3, 1999, 64 FR 30851
- EO 13132, Federalism, August 4, 1999, 64 FR 43255
- EO 13158, Marine Protected Areas, May 26, 2000, 65 FR 2490
Siting Process
Increment 1 - Receive Only in Critical Ports and Coastal Areas
Only collocations onto existing USCG-owned or leased structures will be used for Increment 1. No new structures will be built.
- Step 1: Determine Operational Requirements
- Designated 55 Critical Ports and Coastal Areas
- Step 2: Investigate Collocation on Existing USCG-owned or leased Towers
and other USCG-owned Structures
- Evaluate for technical compatibility
- Visual examination for acceptable site by a site survey and evaluation team
- Accept or eliminate existing tower and structure locations based on technical performance, structural or environmental constraints.
Increment 2 - Coastal Transmit and Receive Nationwide
New structures may be built as part of Increment 2 to meet the performance specifications needed to meet mission requirements.
- Step 1: Determine Operational Requirements
- 95,000 miles of U.S. Coastline
- Specified inland rivers and lakes
- Guam, Puerto Rico, Virgin Islands
- Step 2: Investigate Collocation on Existing Towers and other Structures
- Identify potential installation sites that meet mission needs
- Complete initial evaluation for technical compatibility and determine if sites are available for use
- Visual examination of candidate sites by a site survey and evaluation to verify that the site is suitable and available for use
- Select the site that best meets mission requirements, environmental requirements, and that represents the best cost-value for the U.S. Coast Guard
- Step 3: If Collocation is not Possible, Search for Acceptable New Site for
New Construction
- 1st Choice, land owned by the Coast Guard
- 2nd Choice, other federally owned land
- 3rd Choice, lease non-federally owned land
- 4th Choice, acquire new land
Increment 3 - Long Range Receive Nationwide
The Coast Guard is presently evaluating options for how best to achieve long-range NAIS coverage. The coverage requirements and coverage mechanisms discussed in the Programmatic Environmental Impact Statement form the basis of this evaluation. Mechanisms that are being evaluated include installing AIS equipment on existing offshore platforms and data buoys, satellites, or aircraft.
Current Environmental Documents Available for Review
Presently, there are no active environmental documents available for public review. As documents are completed, they will be posted on this page and will be available for review and comment by the public for the time period required by the applicable law or regulation.
Completed Environmental Documents
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- Programmatic Environmental Impact Statement (PEIS), October 6, 2006
- PEIS Record of Decision Notice
- Record of Decision, November 6, 2006