HEADQUARTERS, US EUROPEAN COMMAND
UNIT 30400, BOX 1000
APO AE 09128
APPENDIX 2 TO ANNEX L TO STANDARD PLAN 4000 (U)
ENVIRONMENTAL ASSESSMENTS - EXEMPTIONS OR EXCLUSIONS (U)
(U) REFERENCES: See Annex L.
1. ( U) Purpose. An exemption or exclusion to conducting an environmental assessment is being requested in accordance with references a. and b. of Annex L. Consequently, Appendix 2 is not applicable.
2. ( U) Background of Action. State the legal precedence for the operation. State facts identified in the planning process which support an exemption or exclusion from the requirement to conduct an environmental assessment. The desired end state for this operation will be achieved when the Force/JTF has reestablished security or performed its mission and all U.S. Forces have been redeployed to home stations in Europe and CONUS. International agreements regarding the status of forces and transit rights of US Forces and all other national contingents supporting the operation will be executed by appropriate parties. The operation will, most likely, require that US Forces in support of the operation transit through and stage out of several countries. Such transit and staging will be conducted under international agreements and with the consent of the host nation.
1. ( U) Discussion. Provide factual rationale for invoking an exemption. Reference a. and b. of Annex L specifically exempt "actions taken by or pursuant to the direction of the President or a cabinet officer when the action occurs in the course of armed conflict". Document if actions contemplated under this operation will occur in the course of armed conflict. Reference a. applies to "major Federal actions significantly affecting the environment of a foreign nation not participating with the United States and otherwise involved in the action." Reference b. states "No action is required .... with respect to federal actions that affect only the environment of a participating or otherwise involved foreign nation..." Document if actions contemplated under this operation are with the consent, participation, and involvement of the foreign nations potentially affected by the action. The consent, participation and involvement must be evidenced by international agreements authorizing the actions which will be undertaken by US Forces/JTF. References a. and b. provide other requirements for exemptions or exclusions that must be appropriately documented.
U) Determination. Document the specific authority from reference a. and b. of Annex L that allows for a determination that an environmental assessment is exempted or excluded. None-the-less, as stated previously in Annex L, consideration of environmental impacts and efforts to minimize adverse environmental impacts are to be accomplished during all aspects of the operation.
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