Regulatory Framework

This Environmental Impact Statement will be prepared in accordance with the requirements of the National Environmental Policy Act of 1969 (NEPA); the Council on Environmental Quality (CEQ) regulations implementing NEPA (40 Code of Federal Regulations (CFR) 1500-1508; and Department of the Navy procedures for implementing NEPA (32 CFR 775).

NEPA and the implementing regulations require the Navy to consider the environmental effects of its decision-making and to prepare a detailed environmental statement on any action that may significantly affect the quality of the environment.

The Navy is also required to comply with a number of other federal laws, regulations, and Executive Orders when considering the potential effect of a proposed action on the environment. Federal laws, regulations, and Executive Orders that will be considered when evaluating the proposed construction and operation of an OLF include:

Water Resources and Wetlands

• Section 401, 402 and 404 of the Federal Water Pollution Control Act (Clean Water Act)
• Section 10 of the Rivers and Harbors Act of 1899
• Executive Order 11990 – Protection of Wetlands
• Executive Order 11988 – Floodplain Management

Biological Resources

• Endangered Species Act of 1973
• Migratory Bird Treaty Act of 1918
• Fish and Wildlife Coordination Act of 1934, as amended in 1958
• Executive Order 13186 – Responsibility of Federal Agencies to Protect Migratory Birds
• Bald and Golden Eagle Protection Act of 1940
• Sikes Act of 1960, as amended in 1988
• Executive Order 13112 – Invasive Species

Archaeological and Historic Resources

• National Historic Preservation Act of 1966
• Archaeological and Historic Preservation Act of 1974
• Executive Order 11593 – Protection and Enhancement of the Cultural Environment
• Native American Graves Protection and Repatriation Act
• American Indian Religious Freedom Act of 1978
• Executive Order 13007 – Indian Sacred Sites

Air Quality

• Clean Air Act, as amended in 1990

Environmental Justice

• Executive Order 12898 – Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, as amended by Executive Order 12948
• Executive Order 13045 – Protection of Children from Environmental Health Risks and Safety Risks, as amended by Executive Order 13229

Land Use and Social Impacts

• Coastal Zone Management Act of 1972
• Farmland Protection Policy Act
• Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended by the Uniform Relocation Act of 1987
• Executive Order 12898 – Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, as amended by Executive Order 12948
• Executive Order 13045 – Protection of Children from Environmental Health Risks and Safety Risks, as amended by Executive Order 13229

Airspace

• 14 CFR Part 157 Notice of Construction of Airports
• Federal Aviation Administration 7400.2 Procedures for Handling Airspace Matters