14 C.F.R. PART 1216—ENVIRONMENTAL QUALITY
Title 14 - Aeronautics and Space
Authority: The National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2451 et seq.); the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.); the Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.); sec. 309 the Clean Air Act, as amended (42 U.S.C. 7609); E.O. 11514 (Mar. 5, 1970, as amended by E.O. 11991, May 24, 1977); the Council on Environmental Quality NEPA Regulations (40 CFR part 1500–1508); and E.O. 12114, Jan. 4, 1979 (44 FR 1957).
Source: 44 FR 44485, July 30, 1979, unless otherwise noted.
This subpart sets forth NASA policy on environmental quality and control and the responsibilities of NASA officials in carrying out these policies. This subpart is applicable to NASA Headquarters and field installations. NASA policy is to: (a) Use all practicable means, consistent with NASA's statutory authority, available resources, and the national policy, to protect and enhance the quality of the environment; (b) Provide for proper attention to and ensure that environmental amenities and values are given appropriate consideration in all NASA actions, including those performed under contract, grant, lease, or permit; (c) Recognize the worldwide and long-range character of environmental concerns and, when consistent with the foreign policy of the United States and its own responsibilities, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of the world environment; (d) Use systematic and timely approaches which will ensure the integrated use of the natural and social sciences and environmental design arts in planning and decisionmaking for actions which may have an impact on the human environment; (e) Pursue research and development, within the scope of NASA's authority or in response to authorized agencies, for application of technologies useful in the protection and enhancement of environmental quality; (f) Initiate and utilize ecological and other environmental information in the planning and development of resource-oriented projects; and (g) Invite cooperation, where appropriate, from Federal, State, local, and regional authorities and the public in NASA planning and decisionmaking processes. (a) The Associate Administrator for Management or designee shall: (1) Coordinate the formulation and revision of NASA policies and positions on matters pertaining to environmental protection and enhancement; (2) Represent NASA in working with other governmental agencies and interagency organizations to formulate, revise, and achieve uniform understanding and application of governmentwide policies relating to the environment; (3) Develop and ensure the implementation of agencywide standards, procedures, and working relationships for protection and enhancement of environmental quality and compliance with applicable laws and regulations; (4) Develop, as an integral part of NASA's basic decision processes, procedures to ensure that environmental factors are properly considered in all proposals and decisions; (5) Establish and maintain working relationships with the Council on Environmental Quality, Environmental Protection Agency, and other national, state, and local governmental agencies concerned with environmental matters; (6) Acquire information for and ensure the preparation of appropriate NASA reports on environmental matters. (b) Officials-in-Charge of Headquarters Offices and NASA Field Installation Directors are responsible for: (1) Identifying matters under their cognizance which may affect protection and enhancement of environmental quality and for employing the proper procedures to ensure that necessary actions are taken to meet the requirements of applicable laws and regulations; (2) Coordinating environmental quality-related activities under their cognizance with the Associate Administrator for Management; and (3) Supporting and assisting the Associate Administrator for Management on request. (c) Officials-in-Charge of Headquarters Offices are additionally responsible for: (1) Giving high priority, in the pursuit of program objectives, to the identification, analysis, and proposal of research and development which, if conducted by NASA or other agencies, may contribute to the achievement of beneficial environmental objectives; and (2) In coordination with the Associate Administrator for Management, making available to other parties, both governmental and nongovernmental, advice and information useful in protecting and enhancing the quality of the environment. (d) NASA Field Installation Directors are additionally responsible for: (1) Implementing the NASA policies, standards and procedures for the protection and enhancement of environmental quality and supplementing them as appropriate in local circumstances; (2) Specifically assigning responsibilities for environmental activities under the installation's cognizance to appropriate subordinates, while providing for the coordination of all such activities; and (3) Establishing and maintaining working relationships with national, state, regional and governmental agencies responsible for environmental regulations in localities in which the field installations conduct their activities. [44 FR 44485, July 30, 1979, as amended at 53 FR 9760, Mar. 25, 1988] Authority: E.O. 11988 and E.O. 11990, as amended; 42 U.S.C. 2473(c)(1).
Source: 44 FR 1089, Jan. 4, 1979, unless otherwise noted.
This subpart 1216.2 prescribes procedures to: (a) Avoid long- and short-term adverse impacts associated with the occupancy and modification of floodplains and wetlands; (b) Avoid direct or indirect support of floodplain and wetlands development wherever there is a practicable alternative; (c) Reduce the risk of flood loss; (d) Minimize the impact of floods on human health, safety and welfare; (e) Restore, preserve and protect the natural and beneficial values served by floodplains and wetlands; (f) Develop an integrated process to involve the public in the floodplain and wetlands management decision-making process; (g) Incorporate the Unified National Program for Flood Plain Management; and, (h) Establish internal management controls to monitor NASA actions to assure compliance with the Orders. These procedures are applicable to Federal lands and facilities under the management control of NASA Headquarters and field installations regardless of location. (a) Directors of Field Installations and, as appropriate, the Associate Administrator for Management at NASA Headquarters, are responsible for implementing the requirements and procedures prescribed in §§1216.204 and 1216.205. (b) The Assistant Associate Administrator for Facilities Engineering, NASA Headquarters, is responsible for overall coordination of floodplain and wetlands management activities, and for conducting periodic on-site reviews of each Installation's floodplain and wetlands management activities, and for conducting periodic on-site reviews of each Installation's floodplain and wetlands management activities to assure compliance with the Executive orders. [53 FR 9760, Mar. 25, 1988, as amended at 56 FR 50506, Oct. 7, 1991] (a) Action—any NASA activity including, but not limited to, acquisition, construction, modification, changes in land use, issuance of facilities use permits, and disposition of Federal lands and facilities. (b) Base flood—is that flood which has a one percent chance of occurrence in any given year (also known as a 100-year flood). This term is used in the National Flood Insurance Program (NFIP) to indicate the minimum level of flooding to be used by a community in its floodplain management regulations. (c) Base floodplain—the 100-year floodplain (one percent chance floodplain). Also see definition of floodplain. (d) Critical action—any activity for which even a slight chance of flooding would be too great, such as storing lunar samples or highly toxic or water reactive materials. (e) Facility—any item made or placed by a person including buildings, structures and utility items, marine structures, bridges and other land development items, such as levees and drainage canals. (f) Flood or flooding—a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland and/or tidal waters, and/or the unusual and rapid accumulation or runoff of surface waters from any source. (g) Flood fringe—that portion of the floodplain outside of the regulatory floodway (often referred to as “floodway fringe”). (h) Floodplain—the lowland and relatively flat areas adjoining inland and coastal waters including flood-prone areas of offshore islands, including at a minimum, that area subject to a one percent or greater chance of flooding in any given year. The base floodplain shall be used to designate the 100-year floodplain (one percent chance floodplain). The critical action floodplain is defined as the 500-year floodplain (0.2 percent chance floodplain). A large portion of NASA coastal floodplains also encompasses wetlands. (i) Floodproofing—the modification of individual structures and facilities, their sites, and their contents to protect against structural failure, to keep water out or to reduce the effects of water entry. (j) Minimize—to reduce to the smallest possible amount or degree. (k) One percent chance flood—the flood having one chance in 100 of being exceeded in any one-year period (a large flood). The likelihood of exceeding this magnitude increases in a time period longer than one year, e.g., there are two chances in three of a larger flood exceeding the one percent chance flood in a 100-year period. (l) Practicable—capable of being done within existing constraints. The test of what is practicable depends upon the situation and includes consideration of the pertinent factors, such as environment, cost or technology. (m) Preserve—to prevent modification to the natural floodplain environment or to maintain it as closely as possible to its natural state. (n) Regulatory floodway—the area regulated by Federal, State or local requirements; the channel of a river or other watercourse and the adjacent land areas that must be reserved in an open manner; i.e., unconfined or unobstructed either horizontally or vertically to provide for the discharge of the base flood so the cumulative increase in water surface elevation is no more than a designated amount (not to exceed one foot as set by the National Flood Insurance Program (NFIP)). (o) Restore—to re-establish a setting or environment in which the natural functions of the floodplain can again operate. (p) Wetlands—those areas that are frequently inundated by surface or ground water and normally support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, river overflows, mud flats, wet meadows, and natural ponds. Because all NASA wetlands lie in floodplains, and for purposes of simplifying the procedures of this subpart, floodplains will be understood as to encompass wetlands, except in cases where wetlands factors require special consideration. (Also, see definition of floodplain.) (q) Support—actions which encourage or otherwise provide incentives to undertake floodplain or wetlands development, such as extending roads or utilities into or near a floodplain, therefore making floodplain development more feasible. (a) Each NASA Field Installation shall prepare, if not already available, an Installation base floodplain map based on the latest information and advice of the appropriate District Engineer, Corps of Engineers, or, as appropriate, the Director of the Federal Emergency Management Agency. The map shall delineate the limits of both the 100-year and 500-year floodplains. A copy of the map, approved by the Field Installation Director, will be provided to the Assistant Associate Administrator for Facilities Engineering, NASA Headquarters, by February 28, 1979. The map will conform to the definitions and requirements specified in the Floodplain Management Guidelines for Implementing Executive Order 11988. (b) For any proposed action or critical action, as defined in §1216.203(a), using the approved floodplain map, the Field Installation Director, while concurrently seeking to avoid the floodplain, shall determine if the proposed action will or will not be located in, or may indirectly impact or indirectly support development in, the base (substitute “500-year” for “base” in critical action cases) floodplain and proceed accordingly: (1) If the action or critical action will be located in the base floodplain or may indirectly impact or indirectly support floodplain development, and is not excepted under §1216.204(h), field installations will adhere to the procedures prescribed in §1216.205. (2) If such action or critical action will not be located in the base floodplain, or is the type of action that will clearly nor indirectly impact or indirectly support floodplain development, the action may be implemented without further review or coordination, provided all other applicable NASA requirements and policies have been met. (c) Any request for new authorizations or appropriations transmitted to the Office of Management and Budget shall indicate, on a case-by-case basis, if the action proposed will be located in a floodplain and whether the proposed action is in accordance with Executive Orders 11988 and 11990. (d) Each field installation shall: Take floodplain management and wetlands protection into account when formulating its water and land use plans—and when evaluating like plans of others—as an integral part of its facilities master planning activities; Restrict the use of land and water resources appropriate to the degree of flood hazard involved; and, Incorporate recommended Federal and State actions for the continuing unified program for planning and action at all levels of government to reduce the risk of flood losses in accordance with the Unified National Program for Flood Plain Management (U.S. Water Resources Council, 1978). (1) Descriptive documentation supporting these planning matters shall be included in the “land use” section of each field installation's facilities master plan, as prescribed in NASA Management Instruction 7232.1, Master Planning of NASA Facilities. The evaluation and quantification of flood hazards should be expressed in terms of: (i) Potential for monetary loss; (ii) Human safety, health, and welfare; (iii) Shifting of costs, damage or other adverse impacts to off-site properties; and, (iv) Potential for affecting the natural and beneficial floodplain values. (2) NASA shall provide appropriate guidance to applicants for facilities use permits and grants to enable them to similarly evaluate, in accordance with the Orders, the effects of their proposals in floodplains and wetlands. This evaluation will be a precondition of any NASA approval of such permit or grant involving floodplains or wetlands. (e) Facilities to be located in floodplains will be constructed in accordance with the standards and criteria promulgated under the National Flood Insurance Program (NFIP). Deviations are allowed only to the extent that these standards are inappropriate for NASA operations, research and test activities. Because construction of NASA facilities will rarely be necessary in floodplains and wetlands, expertise in the latest flood proofing measures, standards and criteria will not be normally maintained within the NASA staff. To assure full compliance with the NFIP regulations, and that the Order's key requirement to minimize harm to or within the floodplain or wetlands is met, field installations will: (1) Consult with the appropriate local office of the Corps of Engineers or Federal Emergency Management Agency and/or U.S. Fish and Wildlife Service, as applicable, on a regular basis throughout the facility design or action planning phase. Documentation of this consultation will be recorded in the Field Installation's project file. (2) Submit evidence of the successful completion of this consultation to the Assistant Associate Administrator for Facilities Engineering, NASA Headquarters, prior to the start of project construction. (f) If NASA property used or visited by the general public is located in an identified flood hazard area, the Installation shall provide on structures, in this area and other places where appropriate (such as where roads enter the flood hazard area), conspicuous delineation of the 100-year and 500-year flood levels, flood of record, and probable flood height in order to enhance public awareness of flood hazards. In addition, Field Installations shall review their storm control and disaster plans to assure that adequate provision is made to warn and evacuate the general public as well as employees. These plans will include the integration of adequate warning time into such plans. The results of this review shall be submitted to the Assistant Associate Administrator for Facilities Engineering, NASA Headquarters, by February 28, 1979. (g) When property in floodplains is proposed for lease, permit, out-grant, easement, right-of-way, or disposal to non-Federal public or private parties, the field installation shall: (1) Reference in the conveyance document (prepared by the General Services Administration in disposal actions) those uses that are restricted under identified Federal, State, and local floodplain regulations, such as State coastal management plans. (2) Except where prohibited by law, attach other appropriate restrictions, equal to the Order's in scope and strictness, to the uses of properties by the grantee or purchaser and any successors which assure that: (i) Harm to lives, property and floodplain values are identified; and (ii) Such harm is minimized and floodplain values are restored and preserved. (3) Withhold such properties from conveyance if the requirements of paragraphs (g)(1) and (2) of this section cannot be met. (h) The NASA Administrator has determined that certain types of actions taken in coastal floodplains and wetlands typically do not possess the potential to result in long- or short-term adverse impacts associated with the occupancy or modification of floodplains, or result in direct or indirect support of floodplain development. Nevertheless, in undertaking these actions, any opportunities to minimize, restore, and preserve floodplain and wetlands values must be considered and implemented. With this understanding, for the following types of actions, Directors of Field Installations in coastal locations may determine that undertaking such actions does not warrant full application of the procedures prescribed in §1216.205. (1) Hazard mitigation actions taken by a field installation on an emergency basis to reduce and control hazards associated with established NASA test or operations activities in accordance with the field installation's approved Safety Plan. Any such action must be approved in writing by the Field Installation's Safety Officer, and the approval document retained in the Safety Office files. (2) Repair, maintenance or modification to existing roadways, bridges and utility systems in coastal floodplains or wetlands which provide long-term support for major NASA operations and test facilities (usually located out of the base floodplain), provided such repair, maintenance or modification activities are of a routine or emergency nature for which the “no action” alternative is not practicable; and it is ostensibly evident that: (i) The proposed action would not impact the floodplain or wetlands. (ii) The only alternative would be to construct new duplicate facilities near the same site with attendant impacts on the floodplain or wetlands area. (3) Rehabilitation and modification of existing minor technical facilities (such as camera pads, weather towers, repeater buildings), including the repair of such damaged facilities to a condition closely matching the original construction, provided it can be readily determined by Directors of Field Installations that there is no practicable alternative but to continue the activity in its current coastal floodplain site. In such cases, the sitings of such facilities must be rigidly constrained by nationally recognized master planning criteria, such as “line-of-sight, quantity-distance, and acoustic sound-pressure-level” factors. In addition, certification of these determinations by Directors of Field Installations will be retained in the project file. [44 FR 1089, Jan. 4, 1979, as amended at 56 FR 50506, Oct. 7, 1991] (a) Before taking any action a determination shall first be made whether the proposed action will occur in or may adversely affect a floodplain or wetlands, using the method prescribed in §1216.204(b). (b) These procedures apply only to evaluations of those proposed actions which are to be located in or may adversely impact floodplains. These evaluations shall be made at the earliest practicable stage of advance planning, such as during facilities master plan development or when preparing preliminary engineering reports. These evaluations shall include analyses of harm to lives and property, the natural and beneficial values of floodplains and wetlands, and the cumulative impacts of multiple actions over the long term. (1) Early public notice is the next step in the evaluation process and will normally be accomplished using only the appropriate Single State Point of Contact and coordinating with that party pursuant to Executive Order (E.O.) 12372, as amended, “Intergovernmental Review of Federal Programs,” as appropriate. If, however, actions involving land acquisition or a major change in land or water use is proposed, the overall public audience will be as broad as reasonably possible including, but not limited to, adjacent property owners and residents, near-by floodplain residents and local elected officials. To assure their continuous interaction and involvement, the Field Installation will issue public notices and newsletters, and hold public hearing and/or work shops on a formalized scheduled basis to provide the opportunity for public input and understanding of the proposed action. Regardless of the scope of action proposed, initially a notice will be provided to the appropriate State Single Point of Contact pursuant to E.O. 12372 that will not exceed three pages and will include: (i) A location map of the proposed action. (ii) The reasons why the action is proposed to be located in a floodplain. (iii) A statement indicating whether the action conforms to applicable state and local floodplain protection standards. (iv) A list of any NASA identified alternatives to be considered. (v) A statement explaining the timing of public notice review actions to provide opportunities for the public to provide meaningful input. (2) Working with the appropriate State Single Point of Contact pursuant to E.O. 12372 and, if applicable, other public groups and officials, to identify practicable alternatives in addition to those already identified by NASA. The alternatives will include: (i) Carrying out the proposed action at a location outside the base floodplain (alternative sites). (ii) Other means which accomplish the same purpose as the proposed action (alternative actions). (iii) Taking no action, if the resulting hazards and/or harm to or within the floodplain overbalances the benefits to be provided by the proposed action. (3) The costs and impacts of all practicable alternatives must now be fully determined to properly assess the practicability of avoiding the base floodplain, or of minimizing harm to the floodplain if alternatives directly or indirectly support floodplain development or have other adverse impacts. (i) The basic criteria to be used in determining the impacts of the various alternatives appear in the Floodplain Management Guidelines for Implementing Executive Order 11988 (43 FR 6030). These criteria discuss in detail the three basic types of impacts which are to be addressed: (A) Positive and negative impacts (beneficial and harmful); (B) Concentrated and dispersed impacts (impacts on-site, near-site, and remote from the installation); and (C) Short and long-term impacts (include temporary changes and those that take the form of delayed changes resulting from the cumulative effects of many individual actions). (ii) Also to be determined is the nature of resulting hazards and risk to lives and property; and the restoration and preservation of natural and beneficial floodplain and wetlands values. (iii) In determining the type, magnitude, costs, timing factors, etc., of the impacts, it is emphasized that subjective assessments have little value. To qualify for inclusion in the evaluation process, an impact must be fully described and quantified in a measurable way compatible with good scientific or engineering practice. Briefly stated, an impact is effected by or based on, and limited to, a quantified alteration of existing coastal or riverine systems including: (A) Anticipated flood levels, sheet flow, coursing and velocity of flood caused surface water; (B) Ground water flows and recharge; (C) Tidal flows; (D) Topography; and, (E) Ecology, including water quality, vegetation and the terrestrial and aquatic habitats. (4) For the proposed action and those alternatives which will impact the floodplain or wetlands, additional analysis must be undertaken to minimize, restore and preserve the natural and beneficial floodplain or wetlands values. Because NASA does not retain expertise in these areas of floodplain management, field installations will consult, on a case-by-case basis, with the appropriate local office of the U.S. Fish and Wildlife Service to assure that, for each of the above alternatives, methods are prescribed which will: (i) Minimize harm to lives and property from flood hazards; (ii) Minimize harm to natural and beneficial values of floodplains and wetlands; and (iii) Restore floodplains or wetlands values, if applicable, to the proposed action. (5) The proposed action and alternatives shall now be comparatively evaluated taking into account the identified impacts, the steps necessary to minimize these impacts and opportunities to restore and preserve floodplain and wetlands values. The comparison will emphasize floodplain values. (i) If this evaluation indicates that the proposed action in the base floodplain is still practicable, consider limiting the action so that a non-floodplain site could be more practicable. (ii) If the proposed action is outside the floodplain but has adverse impacts or supports floodplain development, consider modifying or relocating the action to eliminate or reduce these effects or even taking no action. (6) If, upon completing the comparative evaluation, the Field Installation Director determines that the only practicable alternative is locating in the base floodplain, a statement of fundings and public explanation must be provided to all those who have received the early public notice, and specifically to the appropriate State Single Point of Contact pursuant to E.O. 12372, and will include as a minimum: (i) The reasons why the proposed action must be located in the floodplain. (ii) A statement of all significant facts considered in making the determination including alternative sites and actions. (iii) A statement indicating whether the actions conform to applicable State and local floodplain protection standards. (iv) In cases where land acquisition or major changes in land use are involved, it may also be appropriate to include: (A) A provision for publication in the (B) A description of how the activity will be designed or modified to minimize harm to or within the floodplain. (C) A statement indicating how the action affects natural or beneficial floodplain or wetlands values. (D) A statement listing other involved agencies and individuals. (7) After a reasonable period (15 to 30 days) to allow for public response, the proposed action may proceed through the normal NASA approval process, or if disposal is anticipated, the action can be implemented in accordance with Federal Property Management Regulations real property disposal procedures. If, however, significant new information is revealed in comments by the public, the field installation shall re-evaluate the proposed action in accordance with the provisions of paragraph (b)(5) of this section. (8) For major NASA actions significantly affecting the quality of the human environment, the evaluations required above will be included in any statement prepared under Section 102(2)(C) of the National Environmental Policy Act. (9) In accordance with §1216.202(b), the Assistant Associate Administrator for Facilities Engineering, NASA Headquarters, will conduct periodic on-site reviews to assure that the action is carried out in accordance with the stated findings and plans for the proposed action, in compliance with the Executive orders. [44 FR 1089, Jan. 4, 1979, as amended at 56 FR 50506, Oct. 7, 1991] Authority: The National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2451 et seq.); the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.); the Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.); sec. 309 the Clean Air Act, as amended (42 U.S.C. 7609); E.O. 11514 (Mar. 5, 1970, as amended by E.O. 11991, May 24, 1977); the Council on Environmental Quality NEPA Regulations (40 CFR part 1500–1508); and E.O. 12114, Jan. 4, 1979 (44 FR 1957).
Source: 44 FR 44485, July 30, 1979, unless otherwise noted.
This subpart sets forth NASA procedures implementing the provisions of section 102(2) of the National Environmental Policy Act (NEPA). The NASA procedures of this subpart supplement the regulations of the Council on Environmental Quality (43 FR 55978) which establish uniform procedures for implementing those provisions of NEPA. (a) This subpart is applicable to NASA Headquarters and field installations. (b) The procedures established by this subpart apply to all NASA actions which may have an impact on the quality of the environment. These actions may fall within any of the four NASA budget categories: Research and Development (R&D), Construction of Facilities (CoF), Research and Program Management (R&PM), and Space Flight Control and Data Communications (SFCDC), or, if not involving budget authority or other congressional approval, may be separate from the categories. [44 FR 44485, July 30, 1979, as amended at 53 FR 9760, Mar. 25, 1988] The definitions contained within part 1508, Terminology and Index, CEQ Regulations, 43 FR 55978, apply to subpart 1216.3. Additional definitions, necessary for the purpose of this subpart, are as follows: (a) Budget line items. The individual items in the annual NASA authorization legislation which are used here to classify the range of NASA actions. The four main budget line items are: (1) Research and Development (R&D). Those activities directed towards attaining the objectives of a specific mission, project, or program. All NASA's aeronautics and space program elements are categorized within the R&D program categories. R&D funds are expended chiefly for contracted research and development and for research grants. Some R&D funds are also expended in support of in-house research (e.g., equipment purchases and other research support, but not civil service salaries). (2) Research and Program Management (R&PM). Those activities directed towards the general support of the NASA institution charged with the conduct of the aeronautics and space program. R&PM funds are expended for the NASA civil service work force (both for performing in-house R&D and for planning, managing, and supporting contractor and grantee R&D), and for other general supporting functions. (3) Construction of Facilities (C of F). Those activities directed towards construction of new facilities; repair, rehabilitation, and modification of existing facilities; acquisition of related facility equipment; design of facilities projects; and advance planning related to future facilities needs. (4) Space Flight, Control and Data Communications (SFCDC). Has similar scope to R&D but covers activities which are primarily of a production and operational nature related to space flight. The content includes the national fleet of Space Shuttle orbiters, including main engines, launch site and mission operations, initial spares, production tooling and supporting activities, launch operations and tracking and data acquisition. (b) Construction of facilities project. The consolidation of applicable specific individual types of facility work, including related collateral equipment, which is required to fully reflect all of the needs, generally relating to one facility, which have been or may be generated by the same set of events or circumstances which are required to be accomplished at one time in order to provide for the planned initial operational use of the facility or a discrete portion thereof. Facility projects are subject to the NASA decision processes of §1216.304. (c) Environmental analysis. The analysis of the environmental effects of proposed actions, including alternative proposals. The analyses are carried out from the very earliest of planning studies for the action in question, and are the materials from which the more formal environmental assessments, environmental impact statements, and public record of decisions are made. (d) Institutional action. An action to establish, change, or terminate an aspect of the NASA institution, defined as the total NASA resource (plant, employees, skills). (e) R&D project. A discrete research and development activity, with a scheduled beginning and ending, which normally involves one of the following primary purposes: (1) The design, development, and demonstration of major advanced technology hardware items; (2) The design, construction, and operation of a new launch vehicle (and associated ground support) during its research and development phase; and (3) The construction and operation of one or more aeronautics or space vehicles (and necessary ground support) in order to accomplish a scientific or technical objective. R&D projects are each subelements in the NASA R&D budget line item. R&D projects are subject to the decision processes of §1216.304. (f) SFCDC project. R&D type projects authorized under the SFCDC budget line item. [44 FR 44485, July 30, 1979, as amended at 53 FR 9761, Mar. 25, 1988] (a) The Associate Administrator for Management or designee, who is responsible for developing the procedures of this subpart and for ensuring that environmental factors are properly considered in all NASA planning and decisionmaking, shall: (1) Monitor these processes to ensure that the agency procedures are achieving their purposes; (2) Advise line management and inform NASA employees of technical and management requirements of environmental analysis, of appropriate expertise available in and out of NASA, and—with the assistance of the NASA General Counsel—of relevant legal developments; and (3) Consolidate and transmit to the appropriate parties NASA comments on environmental impact statements and other environmental reports prepared by other agencies. (b) Officials-in-Charge of Headquarters Offices (hereafter termed “Headquarters officials”) are responsible for implementing the procedures established by these regulations for the consideration and documentation of the environmental aspects of the decision processes in their respective areas of responsibility. (c) The Assistant Administrator for Legislative Affairs is responsible for ensuring that the legislative environmental impact statements accompany NASA recommendations or reports on proposals for legislation submitted to Congress. The Associate Administrator for Management, the Chief Financial Officer (CFO)/Comptroller and the General Counsel will provide guidance as required. [44 FR 44485, July 30, 1979, as amended at 53 FR 9761, Mar. 25, 1988; 56 FR 50507, Oct. 7, 1991] The possible environmental effects of a proposed action must be considered, along with technical, economic, and other factors, in the earliest planning. At that stage, the responsible Headquarters official shall begin the necessary steps to comply with all the requirements of section 102(2) of the National Environmental Policy Act of 1969. Major NASA activities, particularly R&D (or SFCDC) and facility projects, generally have four distinct phases: The conceptual study phase; the detailed planning/definition phase; the development/construction phase; and the operation phase. (Other NASA activities have fewer, less well-defined phases, but can still be characterized by phases representing general or feasibility study, detailed planning or definition, and implementation.) Environmental documentation shall be linked to major decision points as follows: (a) Completion of an environmental assessment and the determination as to whether an environmental impact statement is required must be made prior to the decision to proceed from the conceptual study phase to the detailed planning/definition phase of the proposed action. For example, this determination must be concurrent with: (1) Proposal of an R&D (or SFCDC) project for detailed planning and project definition; (2) Proposal of a major Construction of Facilities project for detailed planning and project definition; (3) Proposal of an institutional action (other than a facility project) for detailed planning and definition; and (4) Proposal of a plan to define changes in an approved project. (b) The final environmental impact statement (EIS) should be completed and circulated prior to the decision to proceed from the detailed planning/definition phase to the development/construction (or implementation) phase of the proposed action. For example, the EIS should be completed by, and incorporated with: (1) Proposal of an R&D (or SFCDC) project for development/construction; (2) Proposal of a major Construction of Facilities project for development/construction; (3) Proposal to undertake a significant institutional action (other than a facility project); and (4) Proposal to implement a program change. [44 FR 44485, July 30, 1979, as amended at 53 FR 9761, Mar. 25, 1988] (a) Whether a proposed NASA action within the meaning of the CEQ Regulations (43 FR 55978) requires the preparation of an environmental assessment, an environmental impact statement, both, or neither, will depend upon the scope of the action and the context and intensity of any environmental effects expected to result. A NASA action shall require the preparation of an environmental assessment (§§1501.3 and 1508.9 of the CEQ Regulations) provided the action is not one normally requiring an environmental impact statement (paragraph (c)) or it is not categorically excluded from the requirement for an environmental assessment and an environmental impact statement (paragraph (d)). (b) Specific NASA actions normally requiring an environmental assessment are: (1) Specific spacecraft development and flight projects in space science. (2) Specific spacecraft development and flight projects in space and terrestrial applications. (3) Specific experimental projects in aeronautics and space technology and energy technology applications. (4) Development and operation of new space transportation systems and advanced development of new space transportation and spacecraft systems. (5) Reimbursable launches of non-NASA spacecraft or payloads. (6) Major Construction of Facilities projects. (7) Actions to alter ongoing operations at a NASA installation which could lead, either directly or indirectly, to natural or physical environmental effects. (c) NASA actions expected to have a significant effect upon the quality of the human environment shall require an environmental impact statement. For these actions an environmental assessment is not required. Criteria to be used in determining significance are given in §1508.27 of the CEQ Regulations (43 FR 55978). Specific NASA actions requiring environmental impact statements, all in the R&D budget category, are as follows: (1) Development and operation of new launch vehicles. (2) Development and operation of space vehicles likely to release substantial amounts of foreign materials into the earth's atmosphere, or into space. (3) Development and operation of nuclear systems, including reactors and thermal devices used for propulsion and/or power generation. Excluded are devices with millicurie quantities or less of radioactive materials used as instrument detectors and small radioisotope heaters used for local thermal control, provided they are properly contained and shielded. (d) NASA actions categorically excluded from the requirements to prepare either an environmental assessment or an EIS (§1508.4 of the CEQ Regulations) fit the following criteria: They are each sub-elements of an approved broadbased level-of-effort NASA science and technology program (basic research, applied research, development of technology, ongoing mission operations), facility program, or institutional program; and they are each managed relatively independently of other related sub-elements by means of separate task orders, Research and Technology Operating Plans, etc. Specific NASA actions fitting these criteria and thus categorically excluded from the requirements for environmental assessments and environmental impact statements are: (1) R&D (or SFCDC) activities in space science (e.g., Physics and Astronomy Research and Analysis, Planetary Exploration Mission Operations and Data Analysis) other than specific spacecraft development and flight projects. (2) R&D activities in space and terrestrial applications (e.g., Resource Observations Applied Research and Data Analysis, Technology Utilization) other than specific spacecraft development and flight projects. (3) R&D activities in aeronautics and space technology and energy technology applications (e.g., Research and Technology Base, Systems Technology Programs) other than experimental projects. (4) R&D (or SFCDC) activities in space transportation systems engineering and scientific and technical support operations, routine transportation operations, and advanced studies. (5) R&D (or SFCDC) activities in space tracking and data systems. (6) Facility planning and design (funding). (7) Minor construction of new facilities including rehabilitation, modification, and repair. (8) Continuing operations of a NASA installation at a level of effort, or altered operations, provided the alterations induce only social and/or economic effects but no natural or physical environmental effects. (e) Even though an action may be categorically excluded from the need for a formal environmental assessment or environmental impact statement, it is not excluded from the requirement for an environmental analysis conducted during the earliest planning phases. If that analysis shows that the action deviates from the criteria for exclusion and it is concluded that there may be significant environmental effects, an environmental assessment must be carried out. Based upon that assessment, a determination must then be made whether or not to prepare an environmental impact statement. [44 FR 44485, July 30, 1979, as amended at 53 FR 9761, Mar. 25, 1988] (a) For each NASA action meeting the criteria of 14 CFR 1216.305(b) and for other actions as required, the responsible Headquarters official shall prepare an environmental assessment (40 CFR 1501.3 and 1508.9 of the CEQ Regulations) and, on the basis of that assessment, determine if an EIS is required; except where action meeting the criteria is strictly of a local nature under the purview of the Field Installation Director. (b) If the determination is that no environmental impact statement is required, the Headquarters official or Field Installation Director, shall, in coordination with the Associate Administrator for Management, prepare a “Finding of No Significant Impact.” (See 40 CFR 1508.13 of the CEQ Regulations.) The “Finding of No Significant Impact” shall be made available to the affected public through direct distribution and publication in the (c) If the determination is that an environmental impact statement is required, the Headquarters official shall proceed with the “notice of intent to prepare an EIS” (see 40 CFR 1508.22 of the CEQ Regulations). The Headquarters official shall transmit this notice to the Associate Administrator for Management for review and subsequent publication in the (d) Environmental assessments may be prepared for any actions, even those which meet the criteria for environmental impact statements (§1216.305(c)) or for categorical exclusion (§1216.305(d)), if the responsible Headquarters official believes that the action may be an exception or that an assessment will assist in planning or decisionmaking. [44 FR 44485, July 30, 1979, as amended at 53 FR 9761, Mar. 25, 1988] The responsible Headquarters official shall conduct an early and open process for determining the scope of issues to be addressed in environmental impact statements and for identifying the significant issues related to a proposed action. The elements of the scoping process are defined in §1501.7 of the CEQ Regulations and the process must include considerations of the range of actions, alternatives, and impacts discussed in §1508.25 of the CEQ Regulations. The range of environmental categories to be considered in the scoping process shall include, but not be limited to: (a) Air quality; (b) Water quality; (c) Waste generation, treatment, transportation disposal and storage; (d) Noise, sonic boom, and vibration; (e) Toxic substances; (f) Biotic resources; (g) Radioactive materials and non-ionizing radiation; (h) Endangered species; (i) Historical, archeological, and recreational factors; (j) Wetlands and floodplains; and (k) Economic, population and employment factors, provided they are interrelated with natural or physical environmental factors. (a) The responsible Headquarters official shall prepare the draft environmental impact statement in the manner provided in 40 CFR part 1502 of the CEQ Regulations and shall submit the draft statement and any attachments to the Associate Administrator for Management for NASA review prior to any formal review outside NASA. This submission shall be accompanied by a list of Federal, State, and local officials (40 CFR part 1503 of the CEQ Regulations) and a list of other interested parties (40 CFR 1506.6 of the CEQ Regulations) from whom comments should be requested. (b) After the NASA review is completed, the Associate Administrator for Management shall submit the approved draft statement to the Environmental Protection Agency (EPA), Office of Federal Activities, and shall seek the views of appropriate agencies and individuals in accordance with 40 CFR part 1503 and §1506.6 of the CEQ Regulations. (c) Comments received shall be provided to the originating official for consideration in preparing the final statement. To the extent possible, requirements for review and consultation with other agencies on environmental matters established by statutes other than NEPA, such as the review and consultation requirements of the Endangered Species Act of 1973, as amended, should be met prior to or through this review process (§1216.320). [44 FR 44485, July 30, 1979, as amended at 53 FR 9761, Mar. 25, 1988] (a) Interested persons can get information on NASA environmental impact statements and other aspects of NASA's NEPA process by contacting the Assistant Associate Administrator for Facilities Engineering, Code NX, NASA Headquarters, Washington, DC 20546, 202–453–1965. Pertinent information regarding any aspect of the NEPA process may also be mailed to the above address. (b) Responsible Headquarters officials and NASA Field Installation Directors shall identify those persons, community organizations, and environmental interest groups who may be interested or affected by the proposed NASA action and who should be involved in the NEPA process. They shall submit a list of such persons and organizations to the Associate Administrator for Management at the same time they submit: (1) A recommendation regarding a “Finding of No Significant Impact,” (2) A “Notice of Intent to Prepare an EIS,” (3) A recommendation for public hearings, (4) A preliminary draft EIS, (5) A preliminary final EIS, (6) Other preliminary environmental documents (14 CFR 1216.321(d)). (c) The Associate Administrator for Management may modify such lists referred to in paragraph (b) of this section as appropriate to ensure that NASA shall comply, to the fullest extent practicable, with 40 CFR 1506.6 of the CEQ Regulations and section 2–4(d) of Executive Order 12114. (d) The decision whether to hold public hearings shall be made by the Associate Administrator for Management in consultation with the General Counsel. [53 FR 9762, Mar. 25, 1988, as amended at 56 FR 50507, Oct. 7, 1991] (a) After conclusion of the review process with other Federal, State, and local agencies and the public, the responsible Headquarters official shall consider all suggestions, revise the statement as appropriate, and forward the proposed final statement to the Associate Administrator for Management. The Associate Administrator for Management shall submit the approved final statement to the EPA Office of Federal Activities, to all parties who commented, and to other interested parties in accordance with CEQ Regulations. (b) Each draft and final statement, the supporting documentation, and the record of decision shall be available for public review and copying at the office of the responsible Headquarters official, or at the office of a suitable designee. Copies of draft and final environment impact statements shall also be available at the NASA Information Center, 600 Independence Avenue, SW., Washington, DC 20546; at information centers at appropriate NASA field installations; and at appropriate state and local clearinghouses. [44 FR 44485, July 30, 1979, as amended at 53 FR 9762, Mar. 25, 1988] At the time of the decision on the proposed action, the originating Headquarters official shall consult with the Associate Administrator for Management and prepare a concise public record of the decision. (See 40 CFR 1505.2 of the CEQ Regulations.) [53 FR 9762, Mar. 25, 1988] (a) Environmental impact statements are drafted when the Headquarters official has determined that the statement shall be prepared. No decision to proceed to the development/construction (or implementation) phase of the proposed action (the major decision point of §1216.304(b)) shall be made by NASA until the later of the following dates (§1506.10 of the CEQ Regulations); (1) Ninety days after publication of an EPA notice of a NASA draft EIS. (2) Thirty days after publication of an EPA notice of a NASA final EIS. (b) When necessary to comply with other specific statutory requirements, NASA shall consult with and obtain from EPA time periods other than those specified by the Council for timing of agency action. (a) Section 1505.3 of the CEQ Regulations provides for agency monitoring to assure that mitigation measures and other commitments associated with the decision and its implementation and described in the EIS are carried out and have the intended effects. (b) The responsible Headquarters official shall, as necessary, conduct the required monitoring and shall provide periodic reports as required by the Associate Administrator for Management. (c) If the monitoring activity indicates that resulting environmental effects differ from those described in the current documents, the Headquarters official shall reassess the environmental impact and consult with the Associate Administrator for Management to determine the need for additional mitigation measures and whether to prepare a supplement to the EIS (see 40 CFR 1502.9 of the CEQ Regulations). [44 FR 44485, July 30, 1979, as amended at 53 FR 9762, Mar. 25, 1988] Actions which are the subject of an environmental impact statement and which represents projects of broad scope may contain within them component actions of narrower scope, perhaps restricted to individual sites of activity or sequential stages of a mission, and which themselves may require environmental assessments and, where necessary, environmental impact statements. The CEQ Regulations provide that agencies may use “Tiering” (§1508.28 of the CEQ Regulations) of environmental impact statements to relate such broad and narrow actions. When employing tiering, Headquarters officials shall, by reference, make maximum use of environmental documentation already available, and avoid repetition. (a) Preparation of a legislative environmental impact statement shall conform to the requirements of 40 CFR 1506.8 of the CEQ Regulations. The responsible Headquarters official, in coordination with the Associate Administrator for Management, shall identify those NASA recommendations or reports on legislation that would require preparation of environmental impact statements in accordance with criteria set forth in 14 CFR 1216.305. (b) For the purposes of this provision, “legislation” not only excludes requests for appropriations (40 CFR 1508.17 of the CEQ Regulations), but also excludes the annual authorization bill submitted to the Congress. [53 FR 9762, Mar. 25, 1988] (a) The Associate Administrator for Management, in coordination with the Associate Administrator for External Relations, shall ensure that NASA officials have an opportunity to cooperate with other agencies and individuals. He/she shall keep abreast of the activities of Federal, state, and local agencies, particularly activities in which NASA has expertise or jurisdiction by law (see 40 CFR 1508.15 of the CEQ Regulations). He/she shall inform the responsible Headquarters official of the need for cooperation as necessary. (b) At the request of the Associate Administrator for Management, Headquarters officials shall initiate discussions with another Federal agency concerning those activities which may be the subject of that agency's EIS on which NASA proposes to comment. (c) At the request of the Associate Administrator for Management, the responsible Headquarters official shall, in the interest of eliminating duplication, prepare joint analyses, assessments, and statements with state and local agencies. These joint environmental documents shall conform with the requirements of these procedures and overall NASA policy. (d) Because of the uniqueness of the NASA's aerospace activities, it is unlikely that NASA will have the opportunity to “adopt” environmental statements prepared by other agencies (40 CFR 1506.3 of the CEQ Regulations). However, should the responsible NASA offical wish to adopt a Federal draft or final environmental impact statement or portion thereof, he/she shall consult with the Associate Administrator for Management to determine whether that statement meets NASA requirements. (e) From time to time, there may be disagreements between NASA and other Federal agencies regarding which agency has primary responsibility to prepare an environmental impact statement in which both parties are involved. The Headquarters official with primary responsibility for the activity in question shall consult with the Associate Administrator for Management to resolve such questions in accordance with 40 CFR 1501.5 of the CEQ Regulations. (f) Responsibility for the environmental analyses and any necessary environmental assessments and environmental impact statements required by permits, leases, easements, etc., proposed for issuance to non-Federal applicants rests with the Headquarters official responsible for granting of that permit, lease, easement, etc. The responsible Headquarters official shall consult with the Associate Administrator for Management for advice on the type of environmental information needed from the applicant and on the extent of the applicant's participation in the necessary environmental studies and their documentation. [53 FR 9762, Mar. 25, 1988] Environmental assessments and impact statements which contain classified information to be withheld from public release in the interest of national security or foreign policy shall be organized so that the classified portions are appendices to the environmental document itself. The classified portion shall not be made available to the public. From time to time there will arise good and valid reasons for a deviation from these procedures. These procedures are not intended to be a substitute for sound professional judgment. Accordingly, if and as problems arise which justify a deviation, the proposed deviation and supporting rationale shall be forwarded to the Associate Administrator for Management. Unless such documentation is received, it will be assumed that each planning and decisionmaking action is in accordance with these procedures. [53 FR 9763, Mar. 25, 1988] Each Field Installation Director shall ensure that there exists an environmental resources document which describes the current environment at that field installation, including current information on the effects of NASA operations on the local environment. This document shall include information on the same environmental effects as included in an environmental impact statement (see 14 CFR 1216.307). This document shall be coordinated with the Associate Administrator for Management and shall be published in an appropriate NASA report category for use as a reference document in preparing other environmental documents (e.g., environmental impact statements for proposed actions to be located at the NASA field installation in question). The Director of each NASA field installation shall ensure that existing resource documents are reviewed and updated, if necessary, by December 31, 1980, and at appropriate intervals thereafter. [53 FR 9763, Mar. 25, 1988] (a) Headquarters officials and Field Installation Directors shall, to the maximum extent possible, conduct environmental analyses, assessments, and any impact statement preparation concurrently with environmental reviews required by the laws and regulations listed below: (1) Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470(f)) requires identification of National Register properties, eligible properties, or properties which may be eligible for the National Register within the area of the potential impact of a NASA proposed action. Evaluation of the impact of the NASA action on such properties shall be discussed in draft environmental impact statements and transmitted to the Advisory Council on Historic Preservation for comments. (2) Section 7 of the Endangered Species Act (16 U.S.C. 1531 et seq.) requires indentification of and consultation on aspects of the NASA action that may affect listed species or their habitat. A written request for consultation, along with the draft statement, shall be conveyed to the Regional Director of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, as appropriate, for the Region where the action will be carried out. (3) Executive Order 11988 (Floodplains Management) and Executive Order 11990 (Wetlands), as amended, and implemented by 14 CFR subpart 1216.2—Floodplains and Wetlands Management, prescribe procedures to avoid adverse impacts associated with the occupancy and modification of floodplains and wetlands and require identification and evaluation of actions which are proposed for location in or which may affect a floodplain or wetland. A comparative evaluation of such actions shall be discussed in draft environmental impact statements and transmitted to appropriate State Single Point of Contact for comments. (b) Other environmental review and consultation requirements peculiar to NASA, if any, may be identified in the NASA environmental impact implementation handbook. [44 FR 44485, July 30, 1979, as amended at 53 FR 9763, Mar. 25, 1988] (a) In accordance with these procedures and E.O. 12114, “Environmental Effects Abroad of Major Federal Actions” (44 FR 1957), dated January 4, 1979, the Headquarters official shall analyze actions under his/her cognizance with due regard for the environmental effects abroad of such actions. The Headquarters official shall consider whether such actions involve: (1) Potential environmental effects on the global commons (i.e., oceans and the upper atmosphere); (2) Potential environmental effects on a foreign nation not participating with or not otherwise involved in the NASA activity; (3) The export of products or facilities producing products (or emission/effluents) which in the United States are prohibited or strictly regulated because their effects on the environment create a serious public health risk. The Associate Administrator for Management will provide additional guidance regarding the types of chemical, physical, and biological agents involved. (4) A physical project which, in the U.S., would be prohibited or strictly regulated by Federal law to protect the environment against radioactive substances; (5) Potential environmental effects on natural and ecological resources of global importance and which the President in the future may designate (or which the Secretary of State designates pursuant to international treaty). A list of any such designations will be available from the Associate Administrator for Management. (b) Prior to decisions (§1216.304) on any action falling into the categories specified in paragraph (a), the Headquarters official shall make a determination whether such action may have a significant environmental effect abroad. (c) If the Headquarters official determines that the action will not have a significant environmental effect abroad, he/she shall prepare a memorandum for the record which states the reasoning behind such a determination. A copy of the memorandum shall be forwarded to the Associate Administrator for Management. Note that these procedures do not allow for categorical exclusions (E.O. 12114, section 2–5(d)). (d) If the Headquarters official determines that an action may have a significant environmental effect abroad, he/she shall consult with the Associate Administrator for Management and the Director, International Relations Division. The Associate Administrator for Management, in coordination with the Director, International Relations Division, shall (as specified in E.O. 12114) make a determination whether the subject action requires: (1) An environmental impact statement, (2) Bilateral or multilateral environmental studies, or (3) Concise reviews of environmental issues. (e) When informed of the determination of the Associate Administrator for Management, the Headquarters official shall proceed to take the necessary actions in accordance with these implementing procedures. (f) The Associate Administrator for Management shall, in coordination with the Associate Administrator for External Relations, determine when an affected nation shall be informed regarding the availability of documents referred to in paragraph (d) of this section and coordinate with the Department of State all NASA communications with foreign governments concerning environmental matters as related to E.O. 12114. [44 FR 44485, July 30, 1979, as amended at 53 FR 9763, Mar. 25, 1988]
Title 14: Aeronautics and Space
PART 1216—ENVIRONMENTAL QUALITY
Section Contents
§ 1216.100 Scope.
§ 1216.101 Applicability.
§ 1216.102 Policy.
§ 1216.103 Responsibilities of NASA officials.
§ 1216.200 Scope.
§ 1216.201 Applicability.
§ 1216.202 Responsibility of NASA officials.
§ 1216.203 Definition of key terms.
§ 1216.204 General implementation requirements.
§ 1216.205 Procedures for evaluating NASA actions impacting floodplains and wetlands.
§ 1216.300 Scope.
§ 1216.301 Applicability.
§ 1216.302 Definition of key terms.
§ 1216.303 Responsibilities of NASA officials.
Agency Procedures
§ 1216.304 Major decision points.
§ 1216.305 Criteria for actions requiring environmental assessments.
§ 1216.306 Preparation of environmental assessments.
§ 1216.307 Scoping.
§ 1216.308 Preparation of draft statements.
§ 1216.309 Public involvement.
§ 1216.310 Preparation of final statements.
§ 1216.311 Record of the decision.
§ 1216.312 Timing.
§ 1216.313 Implementing and monitoring the decision.
§ 1216.314 Tiering.
§ 1216.315 Processing legislative environmental impact statements.
§ 1216.316 Cooperating with other agencies and individuals.
§ 1216.317 Classified information.
§ 1216.318 Deviations.
Other Requirements
§ 1216.319 Environmental resources document.
§ 1216.320 Environmental review and consultation requirements.
§ 1216.321 Environmental effects abroad of major Federal actions.
Subpart 1216.1—Policy on Environmental Quality and Control
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§ 1216.100 Scope.
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§ 1216.101 Applicability.
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§ 1216.102 Policy.
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§ 1216.103 Responsibilities of NASA officials.
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Subpart 1216.2—Floodplain and Wetlands Management
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§ 1216.200 Scope.
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§ 1216.201 Applicability.
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§ 1216.202 Responsibility of NASA officials.
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§ 1216.203 Definition of key terms.
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§ 1216.204 General implementation requirements.
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§ 1216.205 Procedures for evaluating NASA actions impacting floodplains and wetlands.
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Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA)
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§ 1216.300 Scope.
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§ 1216.301 Applicability.
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§ 1216.302 Definition of key terms.
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§ 1216.303 Responsibilities of NASA officials.
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Agency Procedures
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§ 1216.304 Major decision points.
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§ 1216.305 Criteria for actions requiring environmental assessments.
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§ 1216.306 Preparation of environmental assessments.
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§ 1216.307 Scoping.
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§ 1216.308 Preparation of draft statements.
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§ 1216.309 Public involvement.
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§ 1216.310 Preparation of final statements.
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§ 1216.311 Record of the decision.
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§ 1216.312 Timing.
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§ 1216.313 Implementing and monitoring the decision.
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§ 1216.314 Tiering.
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§ 1216.315 Processing legislative environmental impact statements.
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§ 1216.316 Cooperating with other agencies and individuals.
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§ 1216.317 Classified information.
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§ 1216.318 Deviations.
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Other Requirements
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§ 1216.319 Environmental resources document.
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§ 1216.320 Environmental review and consultation requirements.
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§ 1216.321 Environmental effects abroad of major Federal actions.
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