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Department of the Army, Dod Pt. 651, App. B

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Department of the Army, Dod Pt. 651, App. B Department of the Army, DoD Pt. 651, App. B Executive Order 11988 As amended (CERCLA, Superfund) (42 U.S.C. 9601 et seq.) Endangered Species Act of Floodplain Management, 3 CFR, 1977 1973. Comp., p. 117 Public Law 93–205, 87 Stat. 884. Executive Order 11990 Fish and Wildlife Coordination Act Protection of Wetlands, 3 CFR, 1977 Comp., Public Law 85–624, Sec. 2, 72 Stat. 563 and p. 121. Public Law 89–72, Sec. 6(b), 79 Stat. 216. Executive Order 12114 National Environmental Policy Act of 1969 Environmental Effects Abroad of Major Federal Actions, 3 CFR, 1979 comp., p. 356. Public Law 91–190, 83 Stat. 852. Executive Order 12778 National Historic Preservation Act Civil Justice Reform, 3 CFR, 1991 Comp., p. Public Law 89–665, 80 Stat. 915. 359. Native American Graves Protection and Executive Order 12856 Repatriation Act Federal Compliance with Right-to-Know Public Law 101–601, 104 Stat. 3048. Laws and Pollution Prevention Require- Pollution Prevention Act of 1990 ments, 3 CFR, 1993 Comp., p. 616. Public Law 101–508, Title VI, Subtitle G, Executive Order 12861 104 Stat. 13880–321. Elimination of One-Half of Executive Resource Conservation and Recovery Act of Branch Internal Regulations, 3 CFR, 1993 1976 Comp., p. 630. Public Law 94–580, 90 Stat. 2795. Executive Order 12866 Sikes Act Regulatory Planning and Review, 3 CFR, 1993 Comp., p. 638. Public Law 86–797, 74 Stat. 1052. NOTE. The following CFRs may be found in Executive Order 12898 your legal office or law library. Copies may Federal Actions to Address Environmental be purchased from the Superintendent of Justice in Minority and Low-Income Popu- Documents, Government Printing Office, lations, 3 CFR, 1994 Comp., p. 859. Washington, DC 20401. Executive Order 13007 36 CFR Part 800 Indian Sacred Sites, 3 CFR, 1996 Comp., p. Advisory Council on Historic Preservation. 196. 40 CFR Parts 1500–1508 Executive Order 13045 Council on Environmental Quality. Protection of Children from Environ- Section III—Prescribed Forms mental Health Risks and Safety Risks, 3 CFR, 1997 Comp., p. 198. This section contains no entries. Executive Order 13061 Section IV—Referenced Forms Federal Support of Community Efforts DA Form 2028 Along American Heritage Rivers, 3 CFR, 1997 Comp., p. 221. Recommended Changes to Publications and Blank Forms. Executive Order 13083 DD Form 1391 Federalism, 3 CFR, 1998 Comp., p. 146. Public Laws: American Indian Religious Military Construction Project Data. Freedom Act. 42 U.S.C. 1996. APPENDIX B TO PART 651—CATEGORICAL EXCLUSIONS Clean Air Act Section I—Screening Criteria As amended (42 U.S.C. 7401, et seq.). Before any CXs can be used, Screening Cri- Clean Water Act of 1977 teria as referenced in § 651.29 must be met. Public Law 95–217, 91 Stat. 1566 and Public Section II—List of CXs Law 96–148, Sec. 1(a)–(c), 93 Stat. 1088. Comprehensive Environmental Response, (a) For convenience only, the CXs are Compensation, and Liability Act of 1980. grouped under common types of activities 359 VerDate Mar<15>2010 09:07 Sep 07, 2011 Jkt 223127 PO 00000 Frm 00369 Fmt 8010 Sfmt 8002 Y:\SGML\223127.XXX 223127 tkelley on DSKG8SOYB1PROD with CFR Pt. 651, App. B 32 CFR Ch. V (7–1–11 Edition) (for example, administration/ operation, con- community participation projects and law struction/demolition, and repair and mainte- enforcement activities. nance). Certain CXs require a REC, which (11) Ceremonies, funerals, and concerts. will be completed and signed by the pro- This includes events such as state funerals, ponent. Concurrence on the use of a CX is re- to include flyovers. quired from the appropriate environmental (12) Reductions and realignments of civil- officer (EO), and that signature is required ian and/or military personnel that: fall below on the REC. The list of CXs is subject to con- the thresholds for reportable actions as pre- tinual review and modification. Requests for scribed by statute (10 U.S.C. 2687) and do not additions or changes to the CXs (along with involve related activities such as construc- justification) should be sent, through chan- tion, renovation, or demolition activities nels, to the ASA (I&E). Subordinate Army that would otherwise require an EA or an headquarters may not modify the CX list EIS to implement (REC required). This in- through supplements to this part. Proposed cludes reorganizations and reassignments modifications to the list of CXs will be pub- with no changes in force structure, unit re- lished in the FR by HQDA, to provide oppor- tunity for public comment. designations, and routine administrative re- (b) Administration/operation activities: organizations and consolidations (REC re- quired). (1) Routine law and order activities per- formed by military/military police and phys- (13) Actions affecting Army property that ical plant protection and security personnel, fall under another federal agency’s list of and civilian natural resources and environ- categorical exclusions when the other fed- mental law officers. eral agency is the lead agency (decision (2) Emergency or disaster assistance pro- maker), or joint actions on another federal vided to federal, state, or local entities (REC agency’s property that fall under that agen- required). cy’s list of categorical exclusions (REC re- (3) Preparation of regulations, procedures, quired). manuals, and other guidance documents that (14) Relocation of personnel into existing implement, without substantive change, the federally-owned (or state-owned in the case applicable HQDA or other federal agency of ARNG) or commercially-leased space, regulations, procedures, manuals, and other which does not involve a substantial change guidance documents that have been environ- in the supporting infrastructure (for exam- mentally evaluated (subject to previous ple, an increase in vehicular traffic beyond NEPA review). the capacity of the supporting road network (4) Proposed activities and operations to be to accommodate such an increase is an ex- conducted in an existing non-historic struc- ample of substantial change) (REC required). ture which are within the scope and compat- (c) Construction and demolition: ibility of the present functional use of the (1) Construction of an addition to an exist- building, will not result in a substantial in- ing structure or new construction on a pre- crease in waste discharged to the environ- viously undisturbed site if the area to be dis- ment, will not result in substantially dif- turbed has no more than 5.0 cumulative ferent waste discharges from current or pre- acres of new surface disturbance. This does vious activities, and emissions will remain not include construction of facilities for the within established permit limits, if any (REC transportation, distribution, use, storage, required). treatment, and disposal of solid waste, med- (5) Normal personnel, fiscal, and adminis- ical waste, and hazardous waste (REC re- trative activities involving military and ci- quired). vilian personnel (recruiting, processing, pay- (2) Demolition of non-historic buildings, ing, and records keeping). structures, or other improvements and dis- (6) Routinely conducted recreation and posal of debris therefrom, or removal of a welfare activities not involving off-road rec- part thereof for disposal, in accordance with reational vehicles. applicable regulations, including those regu- (7) Deployment of military units on a tem- lations applying to removal of asbestos, pol- porary duty (TDY) or training basis where existing facilities are used for their intended ychlorinated biphenyls (PCBs), lead-based purposes consistent with the scope and size paint, and other special hazard items (REC of existing mission. required). (8) Preparation of administrative or per- (3) Road or trail construction and repair on sonnel-related studies, reports, or investiga- existing rights-of-ways or on previously dis- tions. turbed areas. (9) Approval of asbestos or lead-based paint (d) Cultural and natural resource manage- management plans drafted in accordance ment activities: with applicable laws and regulations (REC (1) Land regeneration activities using only required). native trees and vegetation, including site (10) Non-construction activities in support preparation. This does not include forestry of other agencies/organizations involving operations (REC required). 360 VerDate Mar<15>2010 09:07 Sep 07, 2011 Jkt 223127 PO 00000 Frm 00370 Fmt 8010 Sfmt 8002 Y:\SGML\223127.XXX 223127 tkelley on DSKG8SOYB1PROD with CFR Department of the Army, DoD Pt. 651, App. B (2) Routine maintenance of streams and there is no change from the original product ditches or other rainwater conveyance struc- design and there are no unusual disposal re- tures (in accordance with USACE permit au- quirements. The development and use by the thority under Section 404 of the Clean Water military of non-lethal munitions and re- Act and applicable state and local permits), straints which are similar to those used by and erosion control and stormwater control local police forces and in which there are no structures (REC required). unusual disposal requirements (REC re- (3) Implementation of hunting and fishing quired). policies or regulations that are consistent (f) Real estate activities: with state and local regulations. (1) Grants or acquisitions of leases, li- (4) Studies, data collection, monitoring censes, easements, and permits for use of and information gathering that do not in- real property or facilities in which there is volve major surface disturbance. Examples no significant change in land or facility use. include topographic surveys, bird counts, Examples include, but are not limited to, wetland mapping, and other resources inven- Army controlled property and Army leases tories (REC required). of civilian property to include leases of (5) Maintenance of archaeological, histor- training, administrative, general use, special ical, and endangered/threatened species purpose, or warehouse space (REC required). avoidance markers, fencing, and signs. (2) Disposal of excess easement areas to the (e) Procurement and contract activities: underlying fee owner (REC required).
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