The Council on Environmental Quality (CEQ) established regulations (40 CFR Parts 1500-1508) to set the standard for NEPA compliance. These regulations required agencies to create their own NEPA implementation procedures. The Army's procedures, Environmental Analysis of Army Actions, are documented in 32 CFR Part 651. The process used in complying with NEPA is very similar to the Military Decision Making Process (MDMP) taught to Army leaders for years. However, NEPA requires open public access and encourages participation, as necessary, to ensure public concerns and issues are incorporated in Army decision making.
There are three categories of environmental review of actions.
-
A Categorical Exclusion (CX) is for those actions that the Army has determined do not individually or cumulatively have a substantial effect on the human environment. Screening criteria must be met. Examples can be found in subsection 651.28 (Subpart D of Appendix B) of the Environmental Analysis of Army Actions. Some CX will be documented with a Record of Environmental Consideration (REC).
-
An Environmental Assessment (EA) is prepared when no categorical exclusion is available, the proposed action is not covered adequately within the general scope of an existing EA or Environmental Impact Statement (EIS), and no significant impact are anticipated. If the proposed action is covered within an existing EA or EIS, a REC is sufficient to document the assessment. If the proposed action is covered within an existing EA or EIS, but additional information is needed, a supplemental EA or EIS may be warranted. An EA results in either a Finding of No Significant Impact (FNSI or FONSI) or a Notice of Intent (NOI) to prepare an EIS.
-
An EIS is necessary when an action clearly has significant impacts or when it is anticipated there will be significant public interest. The EIS process requires formal interaction with the public, a formal "scoping" process, and specified timelines for public review of the documentation and the incorporation of public comments.
The Army encourages the use of programmatic analysis for those programs or actions that are similar in nature or broad in scope. When a programmatic analysis has been completed, those actions covered under that analysis need only summarize issues already discussed in the programmatic documentation and will only concentrate on the site specific issues in the subsequent tiered documentation, saving both money and time, while still incorporating public participation.
USAEC has established guidelines, NEPA resource list, public access to final documents and a document repository for Army NEPA practitioners.