J-1 Laws and Regs_25may2021.pdf

N62742‐21‐R‐1800 Attachment J‐1

Section J-1 Applicable Laws, Regulations, and References

The following lists laws, regulations, Executive Orders and references that may be applicable to this contract

American Indian Religious Freedom Act of 1978

The American Indian Religious Freedom Act of 1978 (PL 95-341; 42 USC § 1996) directs consultations with traditional leaders, where appropriate, to insure continuity in religious practices on Federal lands. The Act requires the Federal government to protect the right of American Indian, Eskimo, Aleut, and Native Hawaiian to exercise traditional religious practices.

Antiquities Act of 1906 The Antiquities Act of 1906 (PL 59-209; 16 USC §§ 431 et seq.) authorizes the President to designate as National Monuments historic and natural resources of national significance located on Federally owned or controlled lands. The act further provides for the protection of all historic and prehistoric ruins and objects of antiquity located on Federal lands by providing criminal sanctions against excavation, injury, or destruction of such antiquities without the permission of the Department having jurisdiction over such resources. The Secretaries of the Interior, Agriculture, and Defense are further authorized to issue permits for archaeological investigations on lands under their control to recognize educational and scientific institutions for the purposes of systematically and professionally gathering data of scientific value.

Archaeological and Historic Preservation Act of 1974

The Archaeological and Historic Preservation Act of 1974 (Moss-Bennett Act; 16 USC §§ 469 et seq.) provides for the protection of historic and archaeological sites threatened by Federal or Federally funded or assisted construction projects.

Archaeological Resources Protection Act of 1979

The Archaeological Resources Protection Act of 1979 (16 USC §§ 470 et seq., 1982) sets up penalties for destruction or removal of archaeological materials from Federal land without the proper permits. Requirements for obtaining these permits are also established by this regulation.

Carson-Foley Act of

The Carson-Foley Act (aka Noxious Plant Control Act) (PL 90-583; 43 USC § 1241) provides for the control of noxious plants on lands under control or jurisdiction of the Federal Government.

Clean Air Act The Clean Air Act (42 USC § 7401 et seq.) is the major federal legislation addressing air pollution control on a national level. It establishes national ambient air quality standards (NAAQS) for common air pollutants (“criteria pollutants”) and requires States to institute controls with established air quality control regions to achieve the NAAQS. The Act requires the US EPA to establish necessary air quality control where States fail to do so. Severity of controls increases as degree of nonattainment with NAAQS increases. Mandates EPA regulation of 138 identified “hazardous air pollutants.” Implements the Montreal Protocol on Ozone Depleting Substances (ODS), mandating phase out of ODS production, prohibiting intentional venting of ODS refrigerants during appliance servicing, and requires technician certification.

Clean Water Act The Clean Water Act regulates the discharge of pollutants to waters of the United States in order to protect water quality and the beneficial uses of these waters. Through a permit application process, CWA Section 401 regulates dredge and fill discharges to waters of the United States.

Coastal Zone Management Act

The Coastal Zone Management Act (CZMA) of 1972 (16 USC § 1451, et seq.) requires federal permit applicants to obtain a certification that verified activities proposed within the “coastal zone” are consistent with state coastal zone management programs; e.g. federal Clean Water Act and §404 applicants. The CZMA creates a broad program based on land development controls within coastal zones, incorporating State involvement through the development of programs for comprehensive state management. The CZMA also requires Federal agencies or licensees to carry out their activities in such a way that they conform to the maximum extent practicable with a state’s coastal zone management program.

Community Environmental Response Facilitation Act

The Community Environmental Response Facilitation Act (CERFA) (42 USC § 9601 note, 9620) amends CERCLA Section 120 (h) to allow expedition of reuse and redevelopment of Federal facilities being closed.

Comprehensive Environmental Response, Compensation, and Liability Act of 1980

The Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980 (CERCLA; 42 USC §§ 9601 et seq.), also known as Superfund, establishes programs for the cleanup of hazardous waste disposal and spill sites to ensure protection of human health and the environment. Designates the President as trustee for Federally protected or managed natural resources.

Comprehensive Environmental Response, Compensation, and Liability Act of 1980

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA; 42 USC §§ 9601 et seq.), also known as Superfund, establishes programs for the cleanup of hazardous waste disposal and spill sites to ensure protection of human health and the environment. Designates the President as trustee for Federally protected or managed natural resources.

Conservation Programs on Military Reservations

The Conservation Programs on Military Reservations (PL 90-465; 16 USC §§ 670 et seq.) amend PL 86-797 to include outdoor recreation programs on military lands. It requires each military department to manage natural resources and to ensure that services are provided which are necessary for management of fish and wildlife resources on each installation; to provide their personnel with professional training in fish and wildlife management; and, to give priority to contracting work with Federal and State Agencies that have responsibility for conservation or management of fish and wildlife. Authorizes cooperative agreements (with States, local governments, nongovernmental organizations, and individuals) which call for each party to provide matching funds or services to carry out natural resources projects/initiatives.

Defense Appropriations Act of 1991

The Defense Appropriations Act of 1991 (10 USC § 2701) establishes the Legacy Resource Management Program for the stewardship of biological, geophysical, cultural and historic resources on DoD lands.

Emergency Planning and Community Right to Know Act of 1986

The Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 USC §11001 et seq.) is also known as Title III of the Superfund Amendments and Reauthorization Act (SARA). EPCRA focuses on the hazards associated with toxic chemical releases. Most notably, specific sections of EPCRA require immediate notification of releases of oil and hazardous substances and CERCLA-defined hazardous substances to State and local emergency response planners. The Act requires State and local coordination in planning response actions to chemical emergencies, and certain industries to submit information on chemical inventories and fugitive emissions.

Endangered Species Act The Endangered Species Act (ESA) (PL 93-205; 7 USC § 136, 16 USC §§1531 et seq.), of 1973 requires that all Federal Agencies undertake programs for the conservation of endangered and threatened species. These agencies are prohibited from authorizing, funding, or carrying out any action that would jeopardize a listed species or destroy or modify its “critical habitat” (Section 7).

Critical habitat is usually designated concurrently with a listing. Section 9 prohibits the “taking” of endangered fish or wildlife, including direct killing, harming, harassing, or destruction of habitat.

Federal Flood Disaster Prevention Act

The Federal Flood Disaster Prevention Act (PL 93-234; 42 USC §§ 4001 et seq.) established the Federal Flood Insurance Program, which has provided some incentives for construction outside flood prone areas. To a limited degree, this has reduced destruction of riparian vegetation by developments. President Carter issued two executive orders in a related effort: EO 11988 (Floodplain Protection) directed Federal agencies to avoid construction in flood hazard areas and to seek restoration and preservation of the natural and beneficial values of floodplains; EO 11990 (Protection of Wetlands) directed Federal agencies to minimize the destruction, loss, or degradation of wetlands.

Federal Insecticide, Fungicide, and Rodenticide Act

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 USC §136 et seq.) provides the principal means for preventing environmental pollution from pesticides through product registration and applicator certification. The registration of all pesticide products by EPA results in label instructions on each container for use, storage, and disposal. Label instructions are legally applicable to all users. Under FIFRA, EPA is required to accept certain pesticides under recall for safe disposal. It is unlawful to purchase, distribute, or use any pesticide that does not have any EPA registration number or for which registration has been cancelled or suspended, or to apply, store, or dispose of any pesticide or container in any manner inconsistent with applicable regulations.

Federal Noxious Weed Act of 1974

The Federal Noxious Weed Act of 1974 (PL 93-629; 7 USC § 2801) provides for the control and eradication of noxious weeds and their regulation in interstate and foreign commerce.

Federal Water Pollution Control Act Amendments of 1972

The Federal Water Pollution Control Act Amendments of 1972 (see Clean Water Act; 33 USC §§ 1251 et seq.) sets up a Federal permit and license system to carry out certain pollution discharge activities in navigable waters.

Fish and Wildlife Conservation Act of

The Fish and Wildlife Conservation Act of 1980 (PL 96-366; 16 USC §§2901 et seq.) provides for conservation, protection, restoration and propagation of certain species, including migratory birds threatened with extinction.

Fish and Wildlife Conservation and Military Reservations Act

See Sikes Act.

Fish and Wildlife Coordination Act

The Fish and Wildlife Coordination Act (PL 85-624; 16 USC §§ 661 et seq.) mandates that wildlife conservation receive equal consideration and be coordinated with other features of water resource development. The intent is to prevent loss or damage of wildlife and provide for development and improvement of wildlife in conjunction with water development projects.

Federal agencies proposing to impound, divert, or control surface waters are required to consult with the USFWS and CDFG, to include and give full consideration to the recommendations of these agencies, and to provide justifiable means and measures for benefiting wildlife in project plans. ACOE must coordinate permit applications with USFWS and CDFG. Like NEPA, implementation of this Act is essentially procedural in that no particular outcome is mandated.

The Act authorizes project modification, land acquisition, and other measures necessary to protect wildlife.

Historic Sites Act of

The Historic Sites Act of 1935 (PL 74-292; 16 USC §§ 461 et seq., 1982) establishes as national policy the preservation for public use of historic resources, by giving the Secretary of the Interior the power to make historic surveys and to document, evaluate, acquire, and preserve archaeological and historic sites across the country. The Act led to the eventual establishment within the National Park Service of the Historic Sites Survey, the Historic Buildings Survey, and the Historic Sites Engineering Record.

Magnuson-Stevens Fishery Conservation Management Act

The statute includes a mandate that Federal agencies must consult with the Secretary of Commerce (through the National Marine Fisheries Service) on all activities, or proposed activities, authorized, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat.

Marine Protection, Research, and Sanctuaries Act

Titles I and II of the Marine Protection, Research, and Sanctuaries Act (MPRSA), also referred to as the Ocean Dumping Act, generally prohibits (1) transportation of material from the United States for the purpose of ocean dumping; (2) transportation of material from anywhere for the purpose of ocean dumping by U.S. agencies or U.S.-flagged vessels; (3) dumping of material transported from outside the United States into the U.S. territorial sea. A permit is required to deviate from these prohibitions.

Migratory Bird Treaty Act

The Migratory Bird Treaty Act (PL 65-186, as amended; 16 USC §§ 703 et seq.) protects most birds, whether or not they migrate. Birds, their nests, eggs, parts, or products may not be killed or possessed. Game birds are listed and protected except where specific seasons, bag limits, and other features govern their hunting. Exceptions are made for some agricultural pests, which require a USFWS permit (yellow-headed, red-winged, bi-colored red-winged, tricolored red-winged, Rusty and Brewer’s Blackbirds, cowbirds, all grackles, crows, and magpies). Some other birds that injure crops in California may be taken under the authority of the County Agricultural Commissioner (meadowlarks, horned larks, golden-crowned sparrows, white-and other crowned sparrows, goldfinches, house finches, acorn woodpeckers, Lewis woodpeckers, and flickers).

Permits may be granted for various noncommercial activities involving migratory birds and some commercial activities involving captive-bred migratory birds.

Military Construction Authorization Act – Military Reservation and Facilities-Hunting, Fishing and Trapping

The Military Construction Authorization Act – Military Reservation and Facilities-Hunting, Fishing and Trapping (10 USC § 2671) requires that all hunting, fishing, and trapping on military installations follow Fish and Game laws of the state in which it is located, and be issued appropriate state licenses for these activities.

Military Construction Authorization Act of

The Military Construction Authorization Act of 1975 (10 USC § 2665) allows the proceeds from the sale of recyclable material to be credited to the installation to cover specified costs.

National Environmental Policy Act of 1969

The National Environmental Policy Act of 1969 (NEPA) (42 USC §§ 4321 et seq.), evolved over 10 years from the desire of Congress to have a cohesive statement of the national environmental policy. Agencies must assess, in detail, the potential environmental impact of any proposal for legislation or other major Federal action that has the potential for significantly affecting the quality of the human environment. The Act is intended to help public officials and citizens make decisions that are based on understanding of environmental consequences and take action that protects, restores, and enhances the environment. NEPA mandates that agencies use a

“systematic, interdisciplinary approach” that integrates the natural and social sciences and environmental design. The courts have interpreted this mandate to be essentially “procedural,” that is, environmental impacts must be considered, but proposals with environmentally damaging consequences need not necessarily be rejected.

The law requires a detailed statement of “significant” environmental impact of “major” Federal actions. An action may be significant in terms of geographical extent, long-term impact, potential risk, or because of its effect on heritage resources or endangered species.

The process identifies reasonable alternatives to proposed actions that might have less or no environmental effect. Individual and cumulative impacts must be considered. A three-tiered approach is used to evaluate impacts: 1) The Environmental Assessment (EA) is the analysis to be completed when the government is uncertain as to whether an action will significantly affect the environment or the action is controversial. The result of an EA is either a Finding of No Significant Impact (FONSI) or a requirement to complete an Environmental Impact Statement (EIS); 2) The EIS is a full-disclosure document that presents a full and unbiased discussion of significant impacts, informing the public and decision makers of reasonable alternatives to the proposed action; and 3) A Categorical Exclusion (CATEX) is used for actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by the Department of the Navy in implementation of Federal regulations and for which, therefore, neither and EA nor an EIS is required.

National Historic Preservation Act of

The National Historic Preservation Act of 1966 (PL 89-665; 16 USC §§ 470 et seq.) expanded the National Register of Historic Places, provided a list of significant historic and pre-historic sites and districts, and gave them formal protection. Section 106 requires that Federal agencies with direct or indirect jurisdiction over such properties identify them for the Federal Register. It further directs agencies to consider historic and archaeological resources during planning, and allows the Advisory Council on Historic Preservation, established by this Act, an opportunity to comment when a Federal undertaking could affect historic properties.

National Trails Systems Act of 1968

National Trails Systems Act of 1968 (16 USC § 1271) promotes development of recreational, scenic, and historic trails for persons of diverse interest and abilities.

Native American Graves Protection and Repatriation Act of 1990

The Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) (PL 101-601;

25 USC §§ 3001 et seq.) provides requirements for treatment, determination of ownership, control of, and repatriation of human remains and cultural items on Federal or Tribal lands. The term “Indian Tribe” refers to any Tribe, band, nation, or other organized Indian group or community that is on the current list of recognized Indian Tribes published by the Bureau of Indian Affairs.

“Human remains” refers to all Native American human remains.

Noise Control Act of

The Noise Control Act of 1972 (42 USC § 4901 et seq.) (as amended by the Quiet Communities Act) authorizes establishment of Federal noise emission standards for products distributed in commerce, and coordinates Federal research efforts in noise control.

Oil Pollution Act of

The Oil Pollution Act of 1990 (OPA) (33 USC §§2701 et seq.) provides that the National Contingency Plan (NCP) include planning, rescue and minimization of damage to fish and wildlife in responding to oil pollution.

Occupational and Safety Health Act (1970)

Congress passed the Occupational and Safety Health Act (29 U.S.C. §651 et seq.) to ensure worker and workplace safety. Their goal was to make sure employers provide their workers a place of employment free from recognized hazards to safety and health, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. In order to establish standards for workplace health and safety, the Act also created the National Institute for Occupational Safety and Health (NIOSH) as the research institution for the Occupational Safety and Health Administration (OSHA). OSHA is a division of the U.S.

Department of Labor that oversees the administration of the Act and enforces standards in all 50 states.

Outdoor Recreation- Federal/State Program Act

The Outdoor Recreation-Federal/State Program Act (PL 88-29; 16 USC §§ 460(L) et seq.)

provides for the management of lands used for outdoor recreation. Requires consultations with US National Park Service regarding management.

Pollution Prevention Act of 1990

The Pollution Prevention Act of 1990 (PPA) (42 USC § 13101 et seq.) establishes the national policy that “pollution should be prevented or reduced at the source whenever feasible. Pollution that cannot be prevented should be recycled in an environmentally safe manner. Disposal or other release of pollutants into the environment should be employed only as a last resort and should be conducted in an environmentally sound manner.”

Program for Conservation and Rehabilitation of Natural Resources on Military Installations

The Program for Conservation and Rehabilitation of Natural Resources on Military Installations (PL 90-465; 16 USC §§ 670 et seq.) requires each military department to manage natural resources and to ensure that services are provided which are necessary for management of fish and wildlife resources on each installation; to provide their personnel with professional training in fish and wildlife management; and, to give priority to contracting work with Federal and State Agencies that have responsibility for conservation or management of fish and wildlife. This Program authorizes cooperative agreements (with States, local governments, non-governmental organizations, and individuals) which call for each party to provide matching funds or services to carry out natural resources projects/initiatives.

Resource Conservation and Recovery Act

The Resource Conservation and Recovery Act (RCRA) (42 USC §§ 6901 et seq.) establishes a comprehensive program which manages solid and hazardous waste. Subtitle C, Hazardous Waste Management, sets up a framework for managing hazardous waste from its initial generation to its final disposal. Waste pesticides are included under hazardous waste management requirements.

Safe Drinking Water Act

The Safe Drinking Water Act (SDWA) (42 USC §§300(f) et seq.) prescribes treatment and distribution control strategies for abating contamination of drinking water and also requires the establishment of a permit program to regulate injection of liquids into underground strata.

The SDWA provides for direct control of underground injection of fluids that may affect groundwater supplies. States may assume the predominant role in executing groundwater protection programs. The EPA had direct responsibility only if a State chooses not to participate in an underground injection control (UIC) program.

Sikes Act The Fish and Wildlife Conservation and Military Reservations Act (Sikes Act; 16 USC § 670) applies to any installation in the US with land or water suitable for conservation of fish and wildlife. It requires that fish and wildlife be part of, and integrated into a multiple use program for managing natural resources. This includes a requirement to develop a cooperative management plan with State and Federal fish and wildlife conservation agencies. The law sets the guidelines for charging user fees and retaining the funds to benefit the activity such as improving habitat or restocking a fishpond.

The Fish and Wildlife Conservation and Natural Resources Management Programs on Military Reservations amends the Sikes Act to require that trained professionals be used to integrate fish and wildlife into a balanced natural resource program.

Sikes Act Improvement Act

The Sikes Act Improvement Act (SAIA) of 1997 (PL 105-85) now requires implementation of the Integrated Natural Resources Management Plan (INRMP), not simply its preparation.

Additionally, the Navy Office of General Counsel (I & E) has determined that SAIA requirements for INRMP implementation necessitate the preparation of NEPA documentation prior to Plan approval. The preparation of an Environmental Assessment (EA) will suffice for most proposed installation INRMPs.

Soil Conservation Act The Soil Conservation Act (PL 74-46; 16 USC § 590A) provides for application of soil conservation practices on Federal lands. Requires Federal agencies to control and prevent soil erosion and preserve natural resources in managing Federal lands.

Stream Alteration Controls

The Department of Fish and Game’s authority over the use of suction dredges (Fish and Game Code, § 5653), alterations of fish spawning areas (Fish and Game Code, § 1505), and alterations of stream beds in general (Fish and Game Code, §§ 1601 et seq.) are all useful tools for the protection of in-stream resources (but generally not for riparian vegetation outside of the stream or overflow areas).

Toxic Substances Control Act of 1976

The Toxic Substances Control Act of 1976 (15 U.S.C. §2601 et seq.) provides EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics and pesticides. TSCA addresses the production, importation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), asbestos, radon and lead-based paint.

Wild and Scenic River Act

The Wild and Scenic River Act (PL 90-542; 16 USC § 1274) requires identification and protection of any river or stream that qualifies under the act.

EXECUTIVE

ORDERS (EO)

The following are executive orders that are relevant to Natural Resources.

EO 11644 – Use of Off- Road Vehicles on the Public Lands (8 Feb 1972). Amended by EO 11989 and EO 12608

This EO requires federal land managing agencies, including the Department of Defense, to issue regulations governing use of off-road vehicles on the public lands. Regulations shall be designed to protect natural resources and protect safety of individuals involved. Clarifies agency authority to define zones of use by off-road vehicles on public lands and amends EO 11644 of 8 February 1972, by exempting fire, military, emergency, law enforcement, or combat/combat support vehicles.

EO 13751 – Invasive Species

Safeguarding the Nation From the Impacts of Invasive Species. Amends EO 13112. Purpose is to prevent the introduction of invasive species and provide for their control and to minimize the economic, ecological, and human health impacts that invasive species cause.

EO 11988 – Floodplain Management

The Floodplain Management EO specifies that “Agencies shall encourage and provide appropriate guidance to applicants to evaluate the effects of their proposals in floodplains prior to submitting applications.” This order includes wetlands that are within the 100-year floodplain and especially discourages filling.

EO 11990 – Protection of Wetlands

Requires federal agencies to avoid undertaking or providing assistance for new construction located in wetlands unless there is no practicable alternative, and all practicable measures to minimize harm to wetlands have been implemented.

EO 11503 – Protection and Enhancement of the Cultural Environment

Protection and Enhancement of the Cultural Environment directs Federal agencies to take a leadership role in preserving, restoring, and maintaining the historic and cultural environment of the Nation. Federal agencies must locate, inventory, and nominate to the National Register all historic resources under their jurisdiction or control. Until these processes are completed, agency heads must exercise caution to ensure that potentially qualified Federal property is not inadvertently transferred, sold, demolished, or substantially altered. When planning projects, agencies are urged to request the opinion of the Secretary of the Interior as to the eligibility for National Register listing of properties whose resource value are questionable or has not been inventoried. Agencies are directed to institute procedures, in consultation with the President’s Advisory Council on Historic Preservation, to ensure that Federal plans and programs contribute to the preservation and enhancement of non- Federally owned historic resources. The Navy and Marine Corps achieve protection of National Register historic and Archaeological sources through implementation of the Historic and Archaeological Resources Protection (HARP) Plan. The plan facilitates compliance by providing management goals, priorities, and standard operating procedures for site protection.

EO 11514 – Protection and Enhancement of Environmental Quality

Protection and Enhancement of Environmental Quality directs issuance of instructions and guidelines relative to preparation of environmental impacts. This order created the Council on Environmental Quality to oversee the implementation of NEPA, mediate disputes and develop environmental policy.

EO 11991- Protection and Enhancement of Environmental Quality

Protection and Enhancement of Environmental Quality (EO 11991) amends EO 11514 to require Council on Environmental Quality to issue regulations to make environmental impact statements more effective.

EO 11990 – Protection of Wetlands

Directs all federal agencies to “take action to minimize the destruction, loss, or degradation of wetlands, and to preserve and enhance the natural and beneficial values of wetlands.” This applies to acquisition, management, and disposal of federal lands and facilities; to construction of improvements undertaken, financed, or assisted by the federal government; and to the conduct of federal activities and programs which affect land use. Section 4 of the EO requires that when federally owned lands are leased and easement is assigned, or when disposed of to a non-federal party, a reference be included in the conveyance to identify any wetlands and indicate those uses which are restricted in such areas.

EO 12088 – Federal Compliance with Pollution Control Standards

Provides that the head of each federal agency is responsible for compliance with “applicable pollution control standards,” defined as “the same substantive, procedural and other requirements that would apply to a private person.” Requires federal agencies to cooperate with the US EPA, States, and local agencies in the prevention, control and abatement of environmental pollution.

Requires the EPA Administrator to provide technical advice and assistance to Executive agencies in order to ensure their cost effective and timely compliance with applicable pollution control standards. Provides that disputes between the US EPA and another federal agency regarding environmental violations shall be elevated to the Office of Management and Budget for resolution.

EO 12780 – Federal Agency Recycling and the Council on Federal Agency Recycling and Procurement Policy

Requires federal agencies to promote cost-effective waste reduction and recycling of reusable materials, and to establish federal preferences for procurement of items made from recycled materials.

EO 13423 –

Strengthening Federal Environmental, Energy, and Transportation Management

The Executive Order requires each DoD component to adopt an EMS. An EMS is a formal management framework that provides a systematic way to review and improve operations, create awareness, and improve environmental performance. EO 13423 consolidates and strengthens the sustainable practices of the following existing EOs: 12780, 12088, 13101, 13123, 13134, 13148, and 13149.

EO 13514 – Federal Leadership in Environmental, Energy, and Economic Performance

The Executive Order expands upon the energy reduction and environmental performance requirements of EO 13423. This executive order sets numerous Federal energy requirements in several areas, including: Accountability and Transparency; Strategic Sustainability Performance Planning; Greenhouse Gas Management; Sustainable Buildings and Communities; Water Efficiency; Electronic Products and Services; Fleet and Transportation Management; Pollution Prevention and Waste Reduction.

EO 14008 – Tackling the Climate Crisis at Home and Abroad

Establishes policy that climate considerations shall be an essential element of United States foreign policy and national security, including rejoining the Paris Agreement. In implementing and building upon the Agreement’s three overarching objectives (a safe global temperature, increased climate resilience, and financial flows aligned with a pathway toward low greenhouse gas emissions and climate-resilient development), the United States will exercise its leadership to promote a significant increase in global climate ambition to meet the climate challenge.

Code of Federal Regulations (CFR)

The Code of Federal Regulations (CFR) consists of 50 titles representing broad areas subject to Federal regulation. All general and permanent regulations published in the daily Federal Register by executive agencies and departments of the Federal government appear in the CFR, which is updated annually. For example, all regulations issued by the EPA under the subject heading “Protection of the Environment” are codified in Title 40 of the CFR.

32 CFR 172 (DoD Instruction 7310.1) DoD Regulations for the Disposition of Proceeds from Sales of Surplus Property

22 CFR 190 Natural Resources Management Program 33 CFR 330 Dredge and Fill Nationwide Permit Program 36 CFR 800 National Historic Preservation Act (NHPA) Regulations for the Protection of Historic Properties 40 CFR 6 EPA Regulations on Implementation of National Environmental Policy Act Procedures 32 CFR 188 Environmental Effects in the United States of DoD Actions.

32 CFR 775 Procedures for Implementing the National Environmental Policy Act Dept. of the Navy policy to supplement DoD regulations (32 CFR 214) by providing policy and assigning responsibilities to the Navy and Marine Corps for implementing CEQ regulations and implementing NEPA.

36 CFR 60 National Register of Historic Places 40 CFR 1500 Council on Environmental Quality Regulations. Defines the methods of implementing the national Environmental Policy Act (NEPA) 50 CFR 10.13 List of Migratory Birds 50 CFR 17.11 and 17.12 Fish and Wildlife Service List of Endangered and Threatened Wildlife 50 CFR 402 Interagency Cooperation – Endangered Species Act of 1973 43 CFR 7 Archaeological Resources Protection Act of 1979; Uniform Regulations.

Department of Defense Directives and Instructions

The following are DoD Directives and Instructions

DoD 4700.1 of 6 November 1978

Natural Resources Conservation and Management (NOTAL). Provides for management of renewable natural resources on military lands.

DoD 4001.1 of 4 September 1986

Installation Management; (NOTAL)

DoD 4140.1 of 4 January

Material Management Policy (NOTAL)

DoD 4150.7 of 24 October 1983

DoD Pest Management Program (NOTAL)

DoD 4165.57 of 8 November 1977

Air Installations Compatible Use Zones (NOTAL)

DoD 4165.60 of 4 October 1976

Solid Waste Management – Collection, Disposal, Resource Recovery, and Recycling Program

(NOTAL)

DoD 4165.60 of 4 October 1976

Solid Waste Management – Collection, Disposal, Resource Recovery, and Recycling Program

(NOTAL)

DoD 4700.2 of 15 July

Secretary of Defense Award for Natural Resources and Environmental Management (NOTAL).

DoD 4710.1 of 21 June

Archaeological and Historic Resources Management. Establishes policies, procedures, and assigns responsibilities for the management of archaeological and historic resources located in and on waters and lands under DoD control. This Directive implements these guidelines consistent with Federal law, Executive Orders, and other DoD directives that deal with archaeological and historic preservation issues.

DoD 4751.DD-R of April 1996

Integrated natural resources management in the Department of Defense.

DoD 6050.1 of 1979 Environmental Effects in the US of DoD actions.

DoD 6050.2 of 19 April 1979, as amended

Use of Off-Road Vehicles on DoD Lands. Provides policy for use of off-road vehicles on DoD lands.

DODM 6055.09-M Establishes explosives safety standards for ammunition handling, storage and disposition for all Services Promulgated by the Department of Defense Explosives Safety Board (DDESB).

DoD Japan Environmental Governing Standards

Overseas environmental standards for DoD installations in Japan. Explains compliance criteria and management practices over multiple environmental media.

DoD Korea Environmental Governing Standards

This regulation provides specific criteria and management practices for environmental protection on United States Forces Korea (USFK) installations.

DoD Diego Garcia Final Governing Standards

Sets implementation guidance, procedures and standards for environmental compliance at US Naval support Facility, Diego Garcia. This is the sole source of guidance for environmental compliance, requirements, regulations and standards for service components including contractor support in Diego Garcia.

Manuals and Instructions Issued by

DON

The following are manuals and instructions issued by the Department of the Navy.

NAVFAC P-73 Real Estate Manual P-73. This manual sets forth the authority of the Commander, Naval Facilities Engineering Command (NAVFACENGCOM), for out grant of Navy controlled real property.

Responsibility for administration, management, and utilization of Navy real property lies with the Commanding Officer, and his superiors, of the installation to whose plant account the property belongs. NAVFACENGCOM does not have general responsibility for management of Navy real property, except for lands of installations under its command. However, NAVFACENGCOM has a technical responsibility for real estate action on lands which have been determined temporarily or partially excess.

NAVFACINST 6250.3H Applied Biology Program Services and Training. Requires the use of an integrated pest management approach to minimize the use of herbicides.

OPNAVINST 5090.1E

CH-1

Department of the Navy Environmental and Natural Resources Procedural Manual.

OPNAV 5090.1 CH-12 Natural Resources Management. Describes requirements, guidelines, and standards for conserving natural resources on Navy lands. Summarizes the natural resources management (NRM) program to include management of waters, forests, fish and wildlife, and outdoor recreation.

OPNAVINST 6250.4C Pest Management Programs. Requires Navy and Marine Corps to have a comprehensive Pest Management Plan. Discusses the need to control pest outbreaks which affect the military mission, damage property, or impact the welfare of people.

SECNAVINST 6240.6E Implementation of DoD directives under DoD Instruction 4700.4.