The National Environmental Policy Act (NEPA) is the basic national charter for the protection of the environment and requires Federal decision-makers, at all levels, to consider the environmental consequences of a proposed action in the decision-making process before deciding to take an action.  NEPA is a procedural law that requires full public disclosure of environmental impacts, alternatives, and mitigation measures expected from proposed actions.  Actions subject to NEPA include all new and some continuing or recurring activities, including projects, exercises and/or approved programs entirely or partly funded, assisted, conducted or regulated by a federal agency.  Typical actions may include implementation or approval of specific projects, such as construction or management activities located aboard MCLB Barstow (i.e., MILCON projects, public/private venture projects, special projects, and land acquisition) as well as training events and routine maintenance.

NEPA requirements apply to all actions which may have an impact on the human environment (i. e., those which may result in a change to the physical environment; social and economic impacts alone are not sufficient to trigger NEPA).  Any action meeting the NEPA threshold must be documented in accordance with the procedures established in the MCO 5090.2 and BO 5090.2B, unless the action is exempt from NEPA documentation per MCO P5090.2.  Any command/staff section planning to conduct an action, activity, or project shall complete and submit a NEPA Request for Environmental Impact Review (REIR) through the use of the NEPA PAMS Module to assist in determining the level and detail of NEPA required.  Information on project activities and location shall be provided with an emphasis on providing a clear, concise, and detailed description of the proposed action, the need and purposes (objectives) for the action, and its expected results. Informal consultation with Environmental Planning and Conservation Branch is highly encouraged to best identify the requirements to be addressed in the project description. 

42 U.S.C. 4321 (NEPA)
32 CFR 775 Procedures for Implementing NEPA
40 CFR 1500-1508 Purpose, Policy, & Mandate
MCO 5090.2 Environmental Compliance & Protection Program
BO 5090.2B MCLB Barstow Environmental Planning &  Review

Federal agencies "utilize a systematic, interdisciplinary approach which will ensure the integrated use of the natural and social sciences and the environmental design arts, in planning and in decision making that may have an impact on the human environment."

 

Federal agencies must "include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on the environmental impacts of the proposed action."  Further, section 102(E) of reference (a) requires that Federal agencies "study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources."

Plan of Actions and Milestones (POA&M) are created by the command for implementing and completing all mitigation and avoidance measures related to or required by any EA or EIS through the NEPA process.

The NEPA program is audited as part of the Headquarters Marine Corps (HQMC) tri-annual Environmental Compliance Evaluation (ECE).

If determined an Environmental Assessment (EA) is required and in the preparation of an EA, CEQ regulations require agencies to involve the public to the extent practicable.  Therefore, commands proposing an action will develop an appropriate public involvement strategy.  In determining the extent to which public participation is practicable, consider the following factors:

(1) What individuals and organizations would be interested in or affected by the proposed action.
(2) The magnitude of the environmental considerations associated with the proposed action.
(3) The extent of anticipated public interest.
(4) Methods that would most effectively notify and involve the public.
(5) Any relevant issues of national security or classification.

As soon as practicable after the cognizant command has determined that an Environmental Impact S is required and the proper chain of command has been notified, undertake the following efforts to involve agencies and the public appropriately and to focus the environmental analysis on the significant issues.

 

In reviewing an action for environmental considerations, the action sponsor and the decision-maker must determine applicability and requirements of statutes, regulations, Executive Orders, and environmental laws such as the Clean Water Act (CWA), Endangered Species Act (ESA), Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), etc., and factor these requirements into the overall decision to conduct an action.  Measures needed for compliance with these other requirements may be accomplished as part of the NEPA process or as separate actions (sometimes being completed after NEPA).  MCO P5090.2 and BO 5090.2B identify responsibilities under NEPA.  Specific responsibilities for action sponsors; staff sections; commanders stationed or operating aboard MCLB Barstow;  resident and non-resident federal agencies, and non-federal agencies, organizations and individuals operating aboard MCLB Barstow for complying with the NEPA planning and documentation process are identified in BO 5090.2B.