Appendix 11: U.S. Army Corps of Engineers
| Author | Nicholas C. Yost |
| Pages | 161-201 |
U.S. Army Corps of Engineers Regulations and Procedures (Corps Part 230) Page 161
33 C.F.R. Pt. 230
Part 230—Procedures for
Implementing NEPA
Conten ts
§230.1 Purpose .
§230.2 Applica bility.
§230.3 Referen ces.
§230.4 Defini tions.
§230.5 Respons ible officials.
§230.6 Actions norm ally requiring an EIS.
§230.7 Actions norm ally requiring an Environ mental
Assess ment (EA) but n ot ne cessarily an EIS.
§230.8 Emerge ncy a ctions.
§230.9 Catego rical exclusions .
§230.1 0 Environ mental Assessme nts ( EA).
§230.1 1 Finding of No Significan t Impa ct (F ONSI).
§230.1 2 Notice of intent and scopin g.
§230.1 3 Environ mental Impact Stateme nt (E IS).
§230.1 4 Record of decisio n and impl ementation .
§230.1 5 Mitigat ion a nd mo nitoring.
§230.1 6 Lead and coopera ting agencies.
§230.1 7 Filing requir ements.
§230.1 8 Availabi lity.
§230.1 9 Commen ts.
§230.2 0 Integra tion with State and local procedures .
§230.2 1 Adoptio n.
§230.2 2 Limita tions on a ctions during the NEPA
proces s.
§230.2 3 Predecis ion r eferrals.
§230.2 4 Agency deci sion points.
§230.2 5 Environ mental review and consult ation
require ments.
§230.2 6 Genera l con sideration s in prepar ing C orps
EISs.
Appendi x A to Part 230—Proces sing Corps NEPA
Documen ts
Appendi x B to Part 230 [Reserved]
Appendi x C to Part 230—Notice of Intent To Prepa re
a Draft EIS
A : National Environmental Policy Act
(NEPA) (42 U.S.C. 4321 et seq.); E .O. 11514, Protec-
tion and Enhancement of Environmenta l Quality,
March 5, 1970, as amended by E.O. 11991, May 24,
1977; and CEQ Regulations Implementing the Proce-
dural Provisions of NEPA (40 CFR 1507.3).
S: 53 FR 3127, Feb. 3, 1988, unless otherw ise
noted.
§230.1 Purpose.
is regulat ion provides g uidance for implementation
of the procedural provisions of the Nationa l Envi-
ronmental Policy Act (NEPA) for the Civi l Works
Program of the U.S. Army Cor ps of Engineers. It sup-
plements Council on Environmental Qu ality (CEQ)
regulations 40 CFR pa rts 1500 t hrough 1508, Novem-
ber 29, 1978, in accordance with 40 CFR 1507.3, and
is intended to be used only in conjunction with t he
CEQ regulations. W henever the guidance in this reg u-
lation is unclear or not specic t he reader is referred
to the CEQ regulations . Appendix A provides guid-
ance on processing NE PA documents except for t hose
concerning regu latory actions. Appendix C (formally
ER 200-2-1) has been added to provide guidance on
preparing and proces sing a notice of intent to prepare
an EIS for publication in the F R for all
types of Corps a ctions. 33 CFR part 325, Appendix B
provides procedural gu idance for preparing and pro-
cessing NEPA documents for regu latory actions.
§230.2 Applicability.
is regulat ion is applica ble to al l HQUSACE ele-
ments and all Field Operating A ctivities (FOAs)
having responsibility f or prepar ing and processing
environmental documents in suppor t of Civi l Works
functions.
§230.3 References.
(a) Executive Order 12291, Federal Regulation, Febru-
ary 17, 1981 (46 FR 13193, Februar y 19, 1981).
(b) Executive Order 12114, Environmenta l Eects
Abroad of Major Federal Actions, Janua ry 4, 1979 (44
FR 1957, January 9, 1979).
(c) Clean Water Act (formerly known as the Federal
Water Pollution Control Act) 33 U.S.C. 134 4 (herein-
after referred to as s ection 404).
(d) Endangered Species Act of 1973, as amended, 16
U.S.C. 1531 et seq.
(e) Environmental Eects Abroad of Major Depar t-
ment of Defense Actions; Policies and Procedures 32
CFR part 197 (44 FR 21786-92, April 12, 1979).
(f) Fish and Wild life Coordination Act, 16 U.S.C. 661
et seq.
(g) National Envi ronmenta l Policy A ct of 1969, as
amended, 42 U.S.C. 4321 et seq.
(h) National Historic Preserv ation Act of 1966, as
amended, 16 U.S.C. 470 et seq.
(i) “Regulations for Implementing the Procedura l Pro-
visions of the National Environmenta l Polic y Act of
1969,” (40 CFR parts 1500 through 1508, November
29, 1978), Council on Environ menta l Quality.
Page 162 NEPA Deskbook
(j) Economic and Environmental Principles a nd
Guidelines for Water and Related Land R esource
Implementation Studies (48 CFR parts 10249 through
10258, March 10, 1983).
(k) Regulator y Progra ms of the Corps of Engineers 33
CFR parts 320 throug h 330, and 334.
(l) CEQ Information Memorandum to A gencies
Containing A nswers to 40 Most Asked Questions on
NEPA Regulations (46 FR 34263- 68, July 28, 1983).
(m) ER 310 -1-5. Federal Register Act Requi sitionin g.
(n) ER 1105-2-10 thru 60. Planning R egulations.
§230.4 Definitions.
Refer to 40 CFR part 1508; other denitions may be
found in the references given above.
§230.5 Responsible officials.
e district comma nder is the Corps NEPA ocial
responsible for compliance with NEPA for actions
within distr ict boundaries. e district comma nder
also provides agenc y views on other agencies’ environ-
mental impact statements (EIS). e Oce of Env i-
ronmental Policy HQUSACE (CECW-RE) WASH
DC 20314-1000 (phone number 202-272-0166) is
the point of contact for information on Corps N EPA
documents, NEPA oversight activities , review of other
agencies’ EISs and NEPA documents about legi slation,
regulations, nationa l program proposals or other major
policy issues. e A ssistant Chief Counsel for Envi-
ronmental Law and Reg ulatory Programs, HQUSACE
(CECC-E) WASH DC 20314-1000, is the point of
contact for legal questions i nvolvin g envi ronmenta l
matters. Requests for in formation on regulatory permit
actions should be directe d to HQUSACE (CECW-
OR) WASH DC 20314-1000.
§230.6 Actions normally requiring an EIS.
Actions normally requi ring an EIS are:
(a) Feasibility reports for authorizat ion and c onst ruc-
tion of major projects;
(b) Proposed changes in projects wh ich increase size
substantial ly or add add itiona l purposes; and
(c) Proposed major changes in the operation and /or
maintenance of completed projects.
District commander s may consider the use of an envi-
ronmental assessment (E A) on these types of actions if
early studies a nd coord ination show that a particular
action is not likely to have a signi cant impact on the
quality of the huma n environment.
§230.7 Actions normally requiring an
Environmental Assessment (EA)
but not necessarily an EIS.
Actions normally requi ring an EA, but not an EIS, are
listed below:
(a) Regulatory Actions. Most p ermits will normally
require only an EA .
(b) Authorized Projects and P rojects Under Construction.
Changes which m ay be approved under t he discretion-
ary authority of the Se cretary of the Army.
(c) Continuing Authorities Program . Project s recom-
mended for approval of the Chief of Engineers u nder
the following authorities:
(1) Section 205, Small Flood Control Authority;
(2) Section 208, Snagging a nd Clearing for Flood
Control Authority;
(3) Section 107, Smal l Navig ation Project A uthorit y;
(4) Section 103, Small Beach Erosion Control Project
Authority; and
(5) Section 111, Mitigation of Shore Dama ges Attrib-
utable to Navigation Projects.
(d) Construction and Operati ons and Maintenance.
Changes in environ menta l impacts which were not
considered in the project EIS or EA . Examples are
changes in pool leve l operat ions, u se of new disposal
areas, location of ba nk protection works, etc.
(e) Real Estate Management and Disposal Act ions.
(1) Disposal of a Civil Works project or portions of
project properties not reported as exc ess to the General
Services Ad ministration.
(2) Disposal of real property for public por t and indus-
trial purpose s.
(3) Grants of leases or easements for other th an minor
oil and gas tra nsmission lines, electric power transmis -
sion lines, road and highway ri ghts-of-way, and sewa ge
or water treatment facilities a nd land lls.
§230.8 Emergency actions.
In responding to emergency situat ions to prevent or
reduce imminent risk of life, he alth, property, or severe
economic losses, distr ict c omma nders may proceed
U.S. Army Corps of Engineers Regulations and Procedures (Corps Part 230) Page 163
without the specic documentat ion and proc edural
requirements of other sections of thi s regulation.
District commander s shall consider the probable envi-
ronmental consequences in deter mining appropriate
emergency actions and when reque sting approval to
proceed on emergency actions, w ill describe proposed
NEPA documentation or reasons for exclusion from
documentation. NEPA documentation should be
accomplished prior to initiation of emergency work if
time constrai nts render t his practicable. Such docu-
mentation may also be accomplished a fter the comple-
tion of emergency work, if appropriate. Emergency
actions include Flood Control and Coa stal Emergen-
cies Activities pur suant to Pub. L. 84-99, as amended,
and projects constructe d under sections 3 of the River
and Harbor Act of 1945 or 14 of the Flood Control Act
of 1946 of the Continuing Authorities Program. W hen
possible, emergency actions considered m ajor in scop e
with potentially sign icant environmental impacts
shall be referred t hrough the division commanders to
HQUSACE (CECW-RE) for consultation with CEQ
about NEPA arrangements.
§230.9 Categorical exclusions.
Actions listed below when considered i ndiv idually and
cumulatively do not have signi cant eects on the
quality of the huma n environment and are categori-
cally excluded from N EPA documentation. However,
district comma nders should be alert for extraordinar y
circumstanc es which may dictate the need to prepare
an EA or an EIS. Even thou gh an EA or EIS is not
indicated for a Federal act ion bec ause of a “cate gorical
exclusion”, that fact does not exempt the action from
compliance with any other Feder al law. For exa mple,
compliance with the End angered Species Act, the Fish
and Wildlife Coord ination Act, the National Historic
Preservation Act, t he Clea n Water Act, etc ., is a lways
mandatory, even for actions not requiring a n EA or
EIS.
(a) For a period of one year from the eective date of
these regulat ions, d istrict commanders should main-
tain an inform ation list on the type and number of
categorical exclu sion act ions wh ich due to ex traordi-
nary circu mstances triggered the need for an E A and
nding of no signic ant impact (FONSI) or an EIS.
If a district comm ander determines that a categorical
exclusion should be modied, the i nformation will be
furnished to the d ivision commander, who will review
and analy ze the actions and circumstance s to deter-
mine if there is a basis for rec ommend ing a modica-
tion to the list of categorica l exclusions. HQUSACE
(CECW-RE) will revie w recommended changes for
Corps-wide consistency a nd revise the list accordingly.
See 33 CFR part 325, appendix B for categorica l exclu-
sions for regulatory act ions.
(b) Activities at completed Corps projects w hich carry
out the authorized project purpose s. Examples include
routine operation and maintena nce ac tions, gen-
eral admini stration, equipment purchases, custodial
actions, erosion control, painting, re pair, rehabilita-
tion, replacement of existing st ructures and facilities
such as building s, roads, levees, groins and utilities,
and instal lation of new buildings utilities, or roadways
in developed areas.
(c) Minor maintenance dredging u sing existing dis-
posal sites.
(d) Planning and technic al studies which do not con-
tain recommendations for aut horiz ation or funding for
construction, but may recommend fu rther study. is
does not exclude consideration of environmental mat-
ters in the studies.
(e) All Operations and Maintena nce g rants, general
plans, agreements, etc ., nece ssary to carry out land use,
development and other measures proposed in project
authorization documents, project desi gn memo-
randa, master pla ns, or reected in the project NEPA
documents.
(f) Rea l estate grants for use of excess or surplus rea l
property.
(g) Real e state grants for Government-owned housing.
(h) Exchanges of exc ess real property and interests
therein for property required for project pu rposes.
(i) Real estate grants for ri ghts-of-way which involve
only minor disturba nces to earth, air, or water:
(1) Minor access roads, streets and boat ra mps.
(2) Minor utility distribution and c ollection lines,
including irrigat ion.
(3) Removal of sand, gravel, rock, and other mater ial
from existing borrow a reas.
(4) Oil and gas seismic and gr avit y meter survey for
exploration purposes.
(j) Real estate gra nts of consent to use Government-
owned easement areas .
(k) Real estate g rants for archeological and histori-
cal investig ations compatible with the Corps Historic
Preservation Act respon sibilitie s.
To continue reading
Request your trial