§ 1216.800 — Procedures for non-Federal project sponsor-prepared environmental documents.

§ 1216.800 Procedures for non-Federal project sponsor-prepared environmental documents.

(a) A non-Federal project sponsor may request to prepare an environmental assessment or environmental impact statement. If the request is approved, the non-Federal project sponsor shall undertake preparation of the environmental document under the supervision of NASA.

(b) The non-Federal project sponsor shall ensure that the environmental document's analysis is sufficient to meet the requirements of NEPA and this part, including the potential impacts on the natural and human environments and sufficient information that complies with all applicable Federal, Tribal, and State requirements for the protection of the environment.

(c) The non-Federal project sponsor shall coordinate with NASA on communications to other Federal, State, local, and Tribal agencies with respect to permits, licenses, consultations, approvals, and authorizations associated with the proposed action.

(d) A non-Federal project sponsor must include a lifecycle analysis of the proposed action and alternatives (i.e., construction, operation, and decommissioning of the proposed project).

(e) NASA must approve the scope of analysis (e.g., natural, cultural, and socioeconomic resources; and environmental media) required for completion of the appropriate environmental document. NASA will provide appropriate guidance and assist in environmental document preparation, to the extent that NASA's resources and policy priorities admit. NASA will work with the non-Federal project sponsor to define the purpose and need, and, when appropriate, to develop a reasonable range of alternatives to meet that purpose and need.

(f) NASA will decide whether an environmental assessment or environmental impact statement requires public engagement. If required, the non-Federal project sponsor shall coordinate with NASA in all aspects of the public engagement process, including, but not limited to, the publication of notices (intent, public meetings, availability of environmental documents) in publicly available media (i.e., local, regional, national news outlets of broad circulation; social media outlets; public-facing websites); the preparation of a public engagement plan; the preparation of all public meeting materials or media packages; and any other materials that support public engagement in the NEPA process.

(g) The non-Federal project sponsor shall allow the participation of joint, cooperating, or participating agencies, as appropriate.

(h) The non-Federal project sponsor may prepare a “confidential business information” (CBI) or “proprietary information” annex to the environmental document which it prepares. Upon review and approval by NASA, this information may be withheld from public dissemination, but the CBI/proprietary information annex will be incorporated as part of the final administrative record.

(i) The non-Federal project sponsor shall meet all requirements of this part, including the timeframes for completion of the environmental document as set forth in §§ 1216.400(e) and 1216.504(a). Major changes to the schedule or related matters will be documented through written correspondence.

(j) NASA shall assist in the preparation of the non-Federal project sponsor's environmental document, independently evaluate the environmental document, and be responsible for the environmental document's analytical and legal sufficiency. NASA shall be responsible for issuing any record of decision or finding of no significant impact as may be required.

(k) Non-Federal project sponsors intending to pay a fee for an expedited environmental impact statement or environmental assessment deadline pursuant to section 112 of NEPA for which NASA would be the lead agency should consult with NASA before submitting a request to the CEQ. NASA will use such consultation to assist the non-Federal project sponsor in providing an accurate description of the project as it relates to the anticipated environmental impact statement or environmental assessment-associated government costs and understanding the anticipated scope of the environmental review including whether to prepare an environmental assessment or an environmental impact statement.