NASA Procedural Requirements

NPR 8580.1A Effective Date: August 01, 2012 Expiration Date: August 01, 2024

Subject: Implementing the National Environmental Policy Act and Executive Order 12114 (Revalidated with Change 1 on 9/6/2017)

Responsible Office: Office of Strategic Infrastructure

Chapter 3. Related NEPA Requirements

3.1 Supplemental NEPA Documents

3.1.1 The program or project manager in consultation with the CNM shall prepare an appropriate supplemental NEPA document (EIS and EA) when NASA makes a substantial change in the proposed action that is relevant to environmental concerns or there are significant new circumstances or information relevant to environmental concerns that bear on the proposed action or its impacts. For missions, funding extension or small hardware additions that have no environmental impact are not considered substantial changes.

3.1.2 The focus of a supplemental NEPA document shall be the change in the proposed action or the new information or circumstances.

3.1.3 Supplemental NEPA documents shall be prepared in the same manner as the original NEPA document.

3.1.4 The CNM shall coordinate the decision to prepare a supplemental EIS with the NASA NEPA Manager.

3.1.5 Supplemental EISs shall commence with a Notice of Intent (NOI) and be completed with a new, updated ROD.

3.2 Emergency Circumstances

3.2.1 The program or project manager shall notify the CNM as soon as practicable of any emergency circumstance that precludes standard pre-action compliance with NEPA.

3.2.2 The program or project manager shall, to the extent practicable, mitigate foreseeable adverse environmental impacts when taking emergency response actions.

3.2.3 The CNM shall immediately notify the NASA NEPA Manager of all emergency circumstances.

3.2.4 The NASA NEPA Manager will consult with the SEO, Director EMD, OGC, and other appropriate NASA entities before coordinating with CEQ.

3.2.5 The NASA NEPA Manager shall advise the CNM and program or project manager of the Agency's NEPA requirements for actions associated with the emergency circumstance.

3.2.6 The CNM shall assist the program or project manager in completing any required NEPA documentation.

3.3 Classified Actions

3.3.1 Classified actions or classified portions of actions are not exempt from NEPA; rather, they are treated differently in accordance with 14 C.F.R. subpart 1216.310. The program or project manager of a classified action shall ensure compliance with 14 C.F.R. subpart 1216.310.

3.3.2 The program or project manager shall consult with the NASA NEPA Manager whenever classified NEPA documentation is prepared.

3.4 Signatory/Approval Authorities for NEPA Documentation

3.4.1 Table 3-1 indicates signatory and approval authority based on the level of NEPA documentation. If an acting manager signs notices to be published in the Federal Register, their name shall be listed on the notice.

Table 3-1. Signatories/Approval Authorities for NEPA Documents

3.5 Electronic Media

3.5.1 Electronic media shall be used to the maximum extent practical to provide easier access to publically available NEPA documents.

3.5.2 The only NEPA documents that should be considered for public posting are completed and/or signed public documents, such as NOIs, NOAs, FONSIs, RODs, and draft and final EAs and EISs.

3.5.3 The CNM shall approve all public postings for NEPA documents dealing with local or Center lead activities.

3.5.4 The CNM shall receive concurrence by the NASA NEPA Manager and OGC before approving public posting of EISs and multisite EAs.

3.6 Executive Order 12114, Environmental Effects Abroad of Major Federal Actions

3.6.1 EO 12114 is not mandated by NEPA, but it shall be considered when contemplating an action with the potential for global environmental effects or effects outside the territorial jurisdiction of the United States.

3.6.2 The program or project manager shall consult with the CNM in preparing an environmental evaluation to be used to determine the level of documentation needed.

3.6.3 If the environmental evaluation indicates that the effects of the proposed actions are not significant as defined in CEQ NEPA Regulations (40 C.F.R. subpart 1508.27), the program or project manager shall, in coordination with the CNM, prepare a memorandum for the record (MFR) or a REC.

3.6.4 If it is determined that effects of the proposed action are significant, the program or project manager shall, in coordination with the CNM, prepare the appropriate EO 12114 documentation, which could include an EIS, bilateral or multilateral environmental study, concise environmental assessments, summary environmental analyses, or other appropriate documents.

3.6.5 The program or project manager shall coordinate the review and concurrence of the MFR, REC, or EO 12114 documentation by the NASA NEPA Manager, OGC, External Relations, and other organizations as appropriate.

3.7 Deviations from this NPR

3.7.1 The program or project manager seeking to deviate from this NPR shall consult with the CNM and the NASA NEPA Manager prior to submitting a written request for deviation.

3.7.2 The NASA NEPA Manager shall consult with OGC for all requests for deviation from this NPR.

3.7.3 The NASA NEPA Manager shall provide a written evaluation of the deviation request to the SEO for disposition.

3.7.4 The program or project manager shall not initiate the proposed action until written approval of the deviation is received from the SEO.

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This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.