WHEREAS, the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. (“NEPA”) and regulations implementing NEPA promulgated by the Council on Environmental Quality, 40 CFR Part 1500 et seq. (“CEQ Regulations”) at 40 CFR § 1507.3 provide that federal agencies “shall as necessary adopt procedures to supplement” the CEQ Regulations and implement NEPA; and
WHEREAS, by Resolution 98-27, the Presidio Trust as a federal agency has previously adopted, on an interim basis, the NEPA procedures of the National Park Service (“NPS”) and has utilized planning and project review assistance from the NPs pursuant to interagency agreement; and
WHEREAS, the Executive Director, in consultation with the Presidio Trust Board of Directors Ad Hoc Committee and the General Counsel, has prepared and published proposed regulations implementing NEPA in the Federal Register, solicited comment thereon for a period of more than 60 days, considered the comments that were received, and prepared final NEPA regulations for consideration by the Board of Directors; and
WHEREAS, the Council on Environmental Quality has reviewed the proposed version of such regulations as well as a draft final version prepared by staff of the Presidio Trust following receipt of comments, and has provided its comments to the Presidio Trust;
NOW, THEREFORE, BE IT RESOLVED, that the Executive Director, in consultation with the General Counsel, shall take such steps as may be necessary to have the final NEPA regulations (including such non-substantive changes as may be necessary thereto) published in the Federal Register forthwith as final regulations of the Presidio Trust, together with a preamble describing their import and otherwise responding to the comments received on the draft regulations, to be effective 30 days following publication in the Federal Register; and
BE IT FURTHER RESOLVED, that the Presidio Trust hereby rescinds its interim adoption, under Resolution 98-27, of the procedures and guidelines that the NPs has adopted and ordinarily follows in fulfilling its obligations under NEPA, including the current versions of “Standard Operating Procedure 601” and “NPS-12: National Environmental Policy Act Guidelines,” with such rescission to take effect upon the effective date of the Presidio Trust’s final NEPA regulations; and
BE IT FURTHER RESOLVED, that the Executive Director is authorized to bring about the timely termination of the interagency agreement with the NPs under which the Presidio Trust received project review and planning services from the NPs; and
BE IT FURTHER RESOLVED, that the Executive Director, in consultation with the General Counsel and the Presidio Trust Board of Directors, shall prepare detailed guidelines for the benefit of the Presidio Trust’s staff and the public concerning the Presidio Trust’s implementation of NEPA, the CEQ Regulations, and the Presidio Trust’s final NEPA regulations and shall implement such guidelines; and
BE IT FURTHER RESOLVED, that the Executive Director shall have the authority and the responsibility to implement NEPA, the CEQ Regulations, the Presidio Trust’s final NEPA regulations and the Presidio Trust’s NEPA guidelines.
Adopted: August 23, 2000