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Weapons of Mass Destruction (WMD)

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Chapter 1



INTRODUCTION


The U.S. Department of Energy (DOE) proposes to continue managing the Nevada Test Site (NTS) and its resources in a manner that meets evolving DOE missions and that responds to the concerns of affected and interested individuals and agencies.

This sitewide Environmental Impact Statement (EIS) is a type of programmatic EIS, in that it analyzes the impacts from DOE programs at the following sites: the NTS, the Tonopah Test Range, portions of the Nellis Air Force Range Complex (NAFR Complex), the Central Nevada Test Area, and the Project Shoal Area. These programs include ongoing activities for the stewardship of the nation’s nuclear weapons stockpile, management of radioactive waste, and environmental restoration. Also examined in this EIS are newer programs, such as the proposed Solar Enterprise Zone facilities at the NTS, Eldorado Valley, Dry Lake Valley, and Coyote Spring Valley. In addition, Appendices F and J provide project specific analyses for the Big Explosives Experimental Facility and the activities conducted in the Lyner Complex, respectively.

This EIS examines existing and potential impacts to the environment that have resulted, or could result, from current and future DOE operations in Nevada during the next 10-year period. This 10-year planning period accounts for both short-term (0 to 5 years) and long-term (5 to 10 years) potential projects. However, it is a regulatory requirement of the DOE (10 CFR Part 1021) to review a sitewide EIS of multifacility sites at least every 5 years. The DOE Nevada Operations Office (DOE/NV), proposes to accomplish this review through the Resource Management Plan process. Although a framework for the Resource Management Plan is being published in conjunction with the NTS EIS, the Resource Management Plan will take longer to complete than the NTS EIS. In the future, it will be an integral part of the National Environmental Policy Act process on the NTS. The DOE is committed to completing the Resource Management Plan, which is estimated to take approximately 2 years. The 5-year sitewide review required byDOE policy will utilize the Resource Management Plan as part of the review of the EIS and in determining whether (1) the existing EIS remains adequate, or (2) a new EIS should be prepared or the existing EIS supplemented. A more detailed discussion on the relationship between the Resource Management Plan and the EIS is presented in the Framework for the Resource Management Plan (Volume 2, Section 1.4 of the EIS).

In September 1977, the Final Environmental Impact Statement, Nevada Test Site, Nye County, Nevada, a broadly scoped NTS EIS, was published (ERDA, 1977). Pursuant to the DOE’s mission responsibilities at that time, the 1977 EIS focused on an evaluation of the environmental impacts of underground nuclear tests with yields of less than one megaton. An analysis of other intermittent nuclear and non-nuclear activities that were conductedand continue to be conductedat the NTS was included in this earlier EIS. In recent years, nuclear testing policy changes have occurred. These policy changes have caused significant changes in NTS programs. These changes, together with the favorable environmental and infrastructure characteristics at the NTS, have resulted in additional DOE and non-DOE activities being proposed for siting at the NTS. These proposed changes in operations at the NTS, and the DOE policy of reviewing sitewide National Environmental Policy Act documents, have resulted in the preparation of a new NTS EIS. Preparing an EIS at this time responds to public concern and allows for a full dialogue among the DOE and state, tribal, county and municipal governments; other federal agencies; and the general public.

Initially, the DOE/NV planned to prepare two EISs to be separated along programmatic lines. The DOE/NV Environmental Restoration and Waste Management EIS was to address restoration and waste management activities at the NTS and other off-site test areas within Nevada. The sitewide NTS EIS was to address the future mix of Defense Program missions/activities, stockpile stewardship, and alternative uses of the NTS.

The Manager, DOE/NV, decided on May 15, 1994, that one EIS should be prepared for the Defense, Environmental Restoration, and Waste Management Programs, and other potential activities considered for the NTS. Work then began on the preparation of a Notice of Intent (NOI) for this EIS. The NOI was subsequently published in the Federal Register on August 10, 1994.

On June 28, 1994, the state of Nevada filed a Complaint for Declaratory Judgment and Injunction against the DOE in the U.S. District Court in Nevada. In its complaint, the state of Nevada sought declaratory judgments that the DOE has failed to comply with National Environmental Policy Act requirements at the NTS, and that the DOE must initiate a single sitewide EIS for all major federal actions at the NTS. Nevada also sought orders to halt shipments of low-level waste from Fernald (a DOE site located in Ohio), as well as all other transportation, receipt, storage, and disposal of mixed waste, hazardous waste, and other DOE approved waste to the NTS. In its complaint, Nevada sought to stop the DOE from pursuing any "Weapons Complex" activities, including nuclear testing, research, and development that would significantly impact the environment, until publication of the NTS EIS.

On July 14, 1994, the state of Nevada amended its original complaint to focus on enjoining only the receipt, disposal, and waste management activities related to off-site waste. The U.S. District Court in Nevada issued an Order on January 12, 1995, that dismissed Nevada’s claims regarding shipment of Fernald low-level waste to the NTS based on a pre-enforcement review bar under the Comprehensive Environmental Response, Compensation and Liability Act. The Court also dismissed claims regarding preparation of an Environmental Impact Statement because of mootness since this NTS EIS was underway. Claims regarding the contents of the new EIS were also dismissed as not yet ripe for adjudication. However, the Court did not dismiss Plaintiff’s claims seeking injunctive relief from the disposal of low-level waste from other off-site disposal facilities.

On April 29, 1996, the parties filed a Joint Stipulation to Stay Proceedings requesting court approval of their agreement that the complaint should be administratively dismissed from the docket until thirty days following the issuance of the NTS Record of Decision. The DOE agreed to store and dispose of all low-level waste not originating from Fernald at Area 5, rather than Area 3, of the NTS until 30 days following the issuance of the Record of Decision for this EIS. The parties also agreed that, thirty days following issuance of the Record of Decision, they would develop a schedule for filing a Third Amended Complaint, responding to such complaint if one is filed, preparing the Administrative Record and filing summary judgement briefings to the court. At a Status Conference on May 15, 1996, the Court approved the joint Stipulation to Stay Proceedings and scheduled a further Status Conference for Friday, August 30, 1996.

1.1 Organization of This Environmental Impact Statement


This EIS is organized into three volumes. Volume 1 contains the EIS, and Volume 2 presents the framework within which a Resource Management Plan will be developed. Volume 3 contains a compilation of comments received on the Draft NTS EIS and responses to those comments.

Volume 1 is organized into 9 chapters and 10 appendices. Chapter 2 provides a description of the purpose and need for the action analyzed in this EIS. Chapter 3 provides a description of the four alternatives analyzed in this EIS and brief reviews of the alternatives eliminated from further consideration, and identifies the DOE’s preferred alternative. Chapter 3 also provides a comparative summary of the impacts of the alternatives on the local communities and the natural environment. Chapter 4 contains a description of the affected environments under current conditions, and provides a baseline for analyzing the impacts of the alternatives. The results of the environmental impact analysis are presented in Chapter 5 . Chapter 6 contains the cumulative impacts discussions. Chapter 7 presents mitigation measures. Chapter 8 contains the list of individuals and organizations consulted during the preparation of this EIS. Chapter 9 contains the list of NTS EIS preparers and contributors. References are listed at the end of the chapter in which they are cited. A glossary and an index follow Chapter 9.

In addition to the body of this EIS, the following appendices are included:

As part of the process for this EIS, guidance on addressing American Indian concerns, provided in an Executive Policy Memorandum (DOE, 1994), was considered. For this EIS, the DOE implemented the executive policy by inviting representatives of the Consolidated Group of Tribes and Organizations to write sections of the document so that their concerns and viewpoints regarding the alternatives and the technical analyses would be presented. In many instances, viewpoints of the American Indians differ widely from the DOE’s. To facilitate review, the viewpoints of theConsolidated Group of Tribes and Organizations are included in the text of the NTS EIS as italicized sections. The full text of American Indian concerns related to the alternatives evaluated in this EIS is located in Appendix G.

Two additional studies were undertaken in support of this EIS: the Human Health Risk and Safety Impacts Study, and the Transportation Study. These studies are published as Appendices H and I of this EIS and contain the detailed information and analyses that led to the transportation, human health effects, and safety impacts conclusions contained in this EIS.

As part of this EIS the DOE prepared two project-specific appendices. Appendix F is a project-specific environmental analysis for the Big Explosive Experimental Facility and Appendix J is a classified appendix containing information on the activities conducted at the Lyner Complex. The Big Explosive Experimental Facility is an existing facility in Area 4 of the NTS and has appropriate National Environmental Policy Act compliance review for its ongoing bunker-certification tests and shaped-charge experiments (described as Alternative 1 in Appendix F). The project-specific impact analysis in Appendix F has been incorporated into Chapter 5 of the NTS EIS. This EIS is intended to complete the National Environmental Policy Act requirements for the Big Explosive Experimental Facility by evaluating the potential impacts resulting from the alternatives of ongoing or expanded use of the facility.

The classified appendix was completed concurrently with the unclassified portion of this NTS EIS. It discusses the potential for adverse impacts to the environment under routine operating conditions during experiments with special nuclear material at the Lyner Complex. The classified appendix contains information on material quantities and design concepts that are classified by the DOE for nonproliferation and national security reasons. The environmental impacts and public safety and health risks associated with these experiments are not classified and are included in Chapter 5 , Environmental Consequences, under Defense Program activities.


1.2 Alternatives Analyzed


This EIS analyzes the environmental impacts associated with managing the NTS and its resources. The alternatives are structured to provide scenarios of current and future uses of the DOE facilities in Nevada that range from discontinued use to expanded use. The use alternatives have been designed to allow the DOE to analyze and compare the potential environmental effects of a wide range of use options. The use the DOE ultimately selects, however, may not be one of the alternatives described in its entirety, but a hybrid created by selecting specific options from within the alternatives analyzed.

This EIS identifies the impacts of past, current, and potential programs of the DOE. The programs are included in one or more of the four alternatives and fall into three basic levels: (1) current activities, (2) planned projects, and (3) proposed projects. Current activities are those that are presently part of the normal operations of the NTS, the Tonopah Test Range, portions of the NAFR Complex, and other areas considered in this EIS, such as the Area 5 Radioactive Waste Management Site. Planned projects are those that are within the 5-year planning cycle and are likely to be implemented, such as a Solar Enterprise Zone facility. These projects arenot yet included in the 5-year planning window, but have undergone sufficient conceptual development to allow a reasonable assessment. The most reliable data are clearly derived from ongoing activities. Planned projects would present slightly less reliable data. Data for proposed projects would be the least defined, but were determined to be essential to a full and open evaluation and disclosure of the potential effects of the alternative. To provide an adequate analysis, conservative assumptions and parameter values were used to evaluate potential impacts of the less-defined activities.

Four alternatives are presented in this EIS:

  • Alternative 1 - Continue Current Operations (No Action) - Ongoing DOE and interagency programs and activities at the NTS and other associated areas in Nevada would be continued under this alternative

  • Alternative 2 - Discontinue Operations - All current and planned program activities and NTS operations would be discontinued under this alternative. Only the environmental monitoring and site-security functions necessary for human health, safety, and security would be maintained

  • Alternative 3 - Expanded Use - The NTS and its resources would be made available for increased use to support national programs of both a defense and nondefense nature

  • Alternative 4 - Alternate Use of Withdrawn Lands - All defense-related activities and most Work for Others Program activities would be discontinued at the NTS. Certain programs and activities that are not currently included in NTS mission responsibilities are also evaluated. This alternative could include other activities, such as the relinquishment of portions of the NTS, that would be dependent upon future land-use designations and withdrawal status.

1.3 Laws and Regulations


This document was prepared in accordance with the National Environmental Policy Act of 1969; the Council on Environmental Quality (CEQ) regulations, which implement the Act (Title 40 Code of Federal Regulations [CFR] Parts 1500-1508), and the DOE’s implementing regulations for the National Environmental Policy Act (10 CFR Part 1021).

Appendix C identifies and summarizes the primary federal and state laws, regulations, executive orders, and DOE orders that may apply to the proposed action and alternatives at the NTS. It also provides information on the current status of permits and regulatory compliance for the NTS and DOE off-site locations in Nevada.


1.4 Relationship of This Environmental Impact Statement and Other Statements


The DOE is preparing several other National Environmental Policy Act documents that may affect the scope of this EIS because they include the NTS as an alternative location for the action under consideration. The documents are discussed in the remainder of this section. In addition, Section 3.2.6.1 addresses the EIS that the DOE plans to prepare for the Yucca Mountain Repository Project.

The NTS EIS is a sitewide EIS. A sitewide EIS is intended to support decisionmaking at a given geographic location; this EIS addresses environmental impacts that occur as a result of past, present, and reasonably foreseeable future activities at the site. In some circumstances, a sitewide EIS must take into account proposals originating elsewhere (such as in other DOE program-level documents) that may affect facilities management or land use planning at the site. Such external proposals would be subject to separate National Environmental Policy Act review and decisionmaking processes, but would be identified, and their impacts incorporated in the sitewide EIS.

When the NTS has been proposed and analyzed as an alternative in one of these DOE program-level documents, the impact of additional activities is included as part of the Alternative 3, Expanded Use impacts of this sitewide EIS. The discussion of cumulative impacts in this EIS incorporates the analysis presented in other geographically-related environmental documents, and is intended to reflect the maximum expected impacts for each of the four alternatives considered in this EIS. The National Environmental Policy Act reviews considered for analysis in the NTS EIS include those discussed in the following paragraphs.

Waste Management Programmatic EISThe Waste Management Programmatic EIS provides a department-wide evaluation of management alternatives for treating, storing, and disposing of radioactive and hazardous waste. The NTS is a site considered for the central or regional management for DOE wastes; 13 other sites are also being considered. Under other options, the NTS would manage only its own wastes or ship some, or all, of its wastes to another DOE site. The Final Waste Management Programmatic EIS,which is in preparation, will more clearly define the role of the NTS within the DOE Waste Management Complex.

Stockpile Stewardship and Management Programmatic EISThe Stockpile Stewardship and Management Programmatic EIS addresses the activities required to ensure the safety and reliability of the nation’s nuclear weapons stockpile and the maintenance, evaluation and repair or replacement of weapons and associated components. This programmatic EIS provides information to assess the environmental impacts of alternatives for conducting the stockpile stewardship and management program, assist with decisions to identify specific capabilities and facilities for conducting the program, and help determine the configuration (or sites for facilities) of the nuclear weapons complex that would most efficiently implement the program.

Stockpile stewardship activities for which the NTS has been identified as an alternative, although not as part of the Preferred Alternative, include the National Ignition Facility and the next generation of nuclear weapons simulators. The next generation of simulators cannot be defined to the degree necessary to perform meaningful environmental analysis. However, two conceptual facilities are analyzed in this EIS for land-use planning purposes only: (1) Next Generation Radiographic Facility and (2) Next Generation Magnetic Flux Compression Generation Facility. In the Stockpile Stewardship and Management Programmatic EIS, these facilities are described as the Advanced Hydrotest Facility and the High-Explosive Pulsed Power Facility, respectively. Under stockpile management activities, the NTS Device Assembly Facility, and the P-Tunnel, located on Rainier Mesa, are proposed as alternative sites for weapons assembly and disassembly. The DOE began the Stockpile Stewardship and Management Programmatic EIS in June 1995 (60 FR 31291), and issued the Draft Programmatic EIS in February 1996. The Final NTS EIS is currently being prepared.

Disposition of Surplus Highly Enriched Uranium EIS The Disposition of Surplus Highly Enriched Uranium EIS evaluates the disposition alternatives of surplus highly enriched uranium. The NTS is a candidate for receipt of low-level waste generated by blending high-enriched uranium with low-enriched uranium. The Draft HighlyEnriched Uranium EIS was issued in October 1995; the final Highly Enriched Uranium EIS was issued in June, 1996. There are no functions or facilities for the NTS identified in the Preferred Alternative of this EIS. Decisions related to the disposal of any low-level waste generated by blending will be consistent with the Record of Decision issued after completion of the Waste Management Programmatic EIS.

Storage and Disposition of Weapons-Usable Fissile Materials Programmatic EISThe Storage and Disposition of Weapons-Usable Fissile Materials Programmatic EIS evaluates sites for the storage and several technologies considered for the dispositioning of plutonium and other weapons-usable fissile materials, except the surplus of highly enriched uranium. This programmatic EIS included consideration of strategic reserves of special nuclear materials; because the storage of strategic reserves is covered in both the Storage and Disposition of Weapons-Usable Fissile Materials Programmatic EIS and the Stockpile Stewardship and Management Programmatic EIS, the decision for location of storage of the strategic reserves will not be made until completion of both EIS documents, in a Record of Decision which will jointly consider both proposals.

The NTS is a candidate site for two of the storage alternatives considered in the Storage and Disposition of Weapons-Usable Fissile Materials Programmatic EIS; Consolidation of Plutonium Alternative and Collocation of Plutonium and Highly Enriched Uranium Alternative. The programmatic EIS also evaluates the technology or technology mix to be employed for achieving the Spent Fuel Standard for disposal. For the purpose of analysis, the programmatic EIS considered the NTS as a location for a disposal technology or technology mix including Pit Disassembly/Conversion Facility, Mixed Oxide Fuel Fabrication Facility, and an Evolutionary Light Water Reactor. However, the record of decision for the Storage and Disposition of Weapons-Usable Fissile Materials Programmatic EIS would only select the technology, not the site. This Draft Programmatic EIS was issued in Febru
ary 1996. The Final Programmatic EIS is currently being prepared.

Continued Operation of the Pantex Plant and Associated Storage of Nuclear Weapons and Components Draft EISThe Pantex Sitewide EIS addresses continued operations of the DOE’s Pantex Plant, located near Amarillo, Texas, as well as the possible relocation of the interim storage of these plutonium pits. A decision on the interim storage of pits is being considered as a contingency and will not be necessary if a decision on the long-term storage and disposition of plutonium is made following the Fissile Materials Programmatic EIS.An expanded Device Assembly Facility and the P-Tunnel, both located on the NTS, have been proposed as candidate sites for the interim relocation of up to 20,000 pitsalthough not as part of the Preferred Alternative. The DOE began this EIS in May 1994 (59 FR 26635). The Draft NTS EIS was issued for review in 1996.

Los Alamos National Laboratory Sitewide EISThe Los Alamos National Laboratory Sitewide EIS addresses continued operations of the Los Alamos National Laboratory in New Mexico. The EIS may also evaluate the use of the NTS facilities for disposal in the waste management section of the document. The DOE began this EIS inMay 1995 (60 FR 25697).

Medical Isotopes Production Project: Molybdenum-99 and Related Isotopes. In the Final NTS EIS, the DOE proposed to create a domestic source for the production of medical isotopes for maintaining a stable supply to the United States’ health care community. These isotopes would be produced in concert with the DOE’s national laboratories. The NTS was identified as the preferred location for the disposal of approximately 100 drums of low-level waste generated each year under this proposed medical isotope production project. The Final Molybdenum-99 and Related Isotopes EIS was issued in May 1996.

Nellis Air Force Range Legislative EISIn addition to the National Environmental Policy Act documents that the DOE is preparing, the U.S. Air Force will be preparing a legislative EIS for the NAFR Complex. This document will include a discussion of all activities on the Tonopah Test Range. The Tonopah Test Range will be evaluated as part of the 2001 land withdrawal review of the NAFR Complex. Under Public Law 99-606 (which consolidated the NAFR Complex under one withdrawal order) over 3 million acres of land in Clark, Nye, and Lincoln counties were withdrawn. The withdrawal and reservation terminates on November 6, 2001. Renewal actions require an EIS to address the environmental impacts of continued land withdrawal. The land withdrawal alternatives evaluated in the NAFR Complex Legislative EIS may result in proposed changes that could affect DOE operations, such as the use of Pahute Mesa by the DOE . It is anticipated that the NTS EIS will provide baseline informationand will be used in the cumulative impact analysis section for the NAFR Complex Legislative EIS.


1.5 Public Comment Process on the Draft NTS Environmental Impact Statement


The Draft NTS EIS was developed after a series of
public scoping meetings. The scoping process and issues raised during the scoping phase are described in the Final Implementation Plan (DOE/NV, 1995). This Draft EIS was distributed for review and comment to congressional members and committees; the state of Nevada; tribal governments; several county governments; other federal agencies; and the general public. The DOE invited comments to correct factual errors or to provide insights on any other matter related to this environmental analysis. During the comment period, public hearings were held in St. George, UT; Reno, Pahrump, and Las Vegas, NV; and additional workshops were held in Caliente, Tonopah, Boulder City, and North Las Vegas, NV. In addition, the public was encouraged to provide comments via mail, fax, e-mail, and telephone (toll-free 800 number).

In response to public feedback critical of DOE’s traditional hearing format, the public hearings and workshops held on the Draft NTS EIS were conducted using various formats selected by representatives of the host community.
The formats chosen allowed for a two-way interaction between the DOE and the public; increased public awareness and understanding on project-related impacts discussed in the Draft NTS EIS; and encouraged informed public input and comments on the document. Community facilitators were present atthe workshops to direct and clarify discussions and comments.

All public hearing and workshop comments received by mail, fax, e-mail, or telephone during the public comment period are presented in Volume 3 of this EIS, the comment response document. Volume 3 describes the public comment process in detail, presents broad issue summaries and responses, and includes copies of all comments received.

The DOE provided
thedraft classified Appendix J, "Classified Supplement: Project-Specific Environmental Impact Analysis (Lyner Complex)," for review by appropriately cleared parties. The parties included the EPA and the state of Nevada. Neither party had any recommendations for changes to the classified supplement.


1.6 Changes from the Draft Sitewide Environmental Impact Statement


The DOE has revised the Draft NTS EIS in response to comments received from the state of Nevada, the Consolidated Group of Tribes and Organizations and Indian Tribes, local governments and federal agencies (including the Department of the Interior and the Environmental Protection Agency), nongovernmental organizations, the general public, and the DOE and laboratory reviewers. The text of the NTS EIS has been changed in some areas to provide additional environmental baseline information, to correct inaccuracies and make editorial corrections, and provide additional discussion of technical considerations to respond to comments and to clarify text. In addition, the DOE has updated coverage due to events or decisions made in other documents since the Draft NTS EIS was provided for public comment in January, 1996. Finally, the DOE has identified a preferred alternative. New and changed text has been identified by a side-bar on the modified text
(In the electronic version, these changes are indicated in red text).


1.6.1 Alternatives


DOE has provided additional information to clarify the alternatives, including repeating material from Alternative 1 in Alternative 3.


1.6.2 Preferred Alternative


Alternative 3 has been identified as the DOE’s Preferred Alternative, with the addition of public education options from Alternative 4. This Preferred Alternative is viewed as the alternative which best meets the objectives of the DOE, and addresses comments from the public regarding other uses for the NTS. The Preferred Alternative satisfies the purpose and need cited as the reason DOE needs to take action. The Record of Decision may select this alternative or a combination of this alternative and the other alternatives for DOE’s future activities at the Nevada Test Site and off-site locations in the state of Nevada.


1.6.3 Summary of Significant Changes


Volume 3 of this EIS, the comment response volume, contains responses to individual comments. The comments can be grouped based on their content, and the changes resulting from them can be summarized. Below is a summary of changes made in Volumes 1 and 2 as a result of the comments and other considerations cited above:

With regard to the Defense Program, there were comments which questioned the rationale for conducting subcritical experiments, as well as the characterization of subcritical experiments as part of the No-Action Alternative. Information has been added that explains the historical basis for having conducted the tests in the past and defines the program for the future. The relationship to current Comprehensive Test Ban Treaty negotiations is also clarified. Changes have been made in various sections of Chapters 2, 3 and 4 to clarify the nature of these experiments.

With regard to waste management, many comments noted the differences in waste volume numbers cited in this EIS and in other DOE documents. The waste volume numbers have been updated and clarified. Changes in the waste volumes have resulted in changes in the values used in the Transportation Study (Appendix I) and the Human Health Risk and Safety Impacts Study Assessment (Appendix H) as well. Questions about waste categories and what is disposed on the NTS have been addressed and clarifying language has beenadded to the text. Changes have been made in various sections of Chapters 2, 3, 4, and 5 and Appendices A, H, and I of the NTS EIS.

Commentors raised questions about the radioactive source term data discussed in the groundwater and public health impacts sections. Additional information has been provided about the development of the source term and the models used in the evaluation of groundwater contaminant transport. This information has also been referenced in the Human Health Risk and Safety Impacts Study Assessment (Appendix H) to better clarify the results of consequence and impact assessments in the public environment off the NTS/NAFR Complex controlled lands. Changes have been made in Section 4.1.4.2 of the NTS EIS.

Comments regarding the impacts to biological resources have been addressed by adding clarifying information to the text. The recently completed Biological Opinion provided by the U.S. Fish and Wildlife Service has been referenced as well. Changes have been made in the text in various sections of Chapters 5 and 8 of the NTS EIS.

The Consolidated Group of Tribes and Organizations have continued their evaluation of the NTS EIS and development of their information pertaining to the DOE activities and conclusions. The American Indian Assessments: Final Environmental Impact Statement for the Nevada Test Site and Off-Site Locations in the State of Nevada (Appendix G), has been revised and additional assessments have been incorporated. These assessments have been added, in italics, to the text of the NTS EIS.

There were many comments on the cumulative impacts assessment. Chapter 6 has been revised to incorporate more information and to better reflect the role of DOE activities as contributing to the overall impacts of the region.

Many comments were received on DOE’s waste transportation activities and transportation-related issues. These issues have been addressed through revisions to the Transportation Study, and by fully incorporating and assessing the full scope of transporting defense program materials as well ashazardous materials in relation to activities at the NTS. The concerns of the local governments and the public have been addressed as well. American Indian concerns will be identified and addressed through a recently initiated American Indian Transportation Study and continued government-to-government consultation. The DOE will continue all dialogue initiated through the transportation study development.


1.7 Next Steps


The Record of Decision will explain all factors, including environmental impacts, that the DOE considered in reaching its decision (see inside back cover). The Record of Decision will also identify the environmentally preferred alternative, or alternatives. If mitigation measures, monitoring, or other conditions are adopted as part of the DOE’s decision, these will be summarized in the Record ofDecision, as applicable, and will be included in a Mitigation Action Plan that would be prepared following the issuance of the Record of Decision. The Mitigation Action Plan would explain how and when mitigation measures would be implemented and how the DOE would monitor the mitigation measures over time to judge their effectiveness. The Record of Decision and the Mitigation Action Plan will also be placed in the DOE Reading Room in Las Vegas and made available to interested parties upon request.

The DOE is committed to completing the Resource Management Plan in accordance with the Final Framework as described in Volume 2 of this Final EIS. During the Resource Management Plan process, consultation with federal agencies and sovereign nations, and interaction with local governments and interested members of the public will continue.


1.8 References


REGULATION, ORDER, LAW
10 CFR Part 1021 U.S. Department of Energy (DOE), "Energy: Compliance with the National Environmental Policy Act," Code of Federal Regulations, Office of the Federal Register, National Archives and Records Administration, U.S. Government Printing Office, Washington, DC, 1992.
40 CFR Part 1500-1508 Council on Environmental Quality (CEQ), "Protection of the Environment: Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act," Code of Federal Regulations, Office of the Federal Register, National Archives and Records Administration, U.S. Government Printing Office, Washington, DC, 1993.
59 FR 26635 DOE, "Preparation of an Environmental Impact Statement for the Continued Operation of the Pantex Plant and Associated Storage of Nuclear Weapon Components, Notice of Intent," Federal Register, Washington, DC, 1994.
60 FR 25697 DOE, "Notice of Intent to Prepare a Sitewide Environmental Impact Statement for the Los Alamos National Laboratory," Federal Register, Washington, DC, 1995.
60 FR 31291 DOE, "Stockpile Stewardship and Management Programmatic Environmental Impact Statement, Notice of Intent," Federal Register, Washington, DC, June 14, 1995.
GENERAL
DOE, 1994 DOE, Memorandum for the Heads of Executive Departments and Agencies, Government-to-Government Relations with Native American Tribal Governments, Washington, DC, 1994.
DOE/NV, 1995 U.S. Department of Energy, Nevada Operations Office (DOE/NV), Implementation Plan for the Nevada Test Site Environmental Impact Statement Revision O, DOE/NV-390, pp. 3 and 4, 3-14, Las Vegas, NV, 1995.
ERDA, 1977 U.S. Energy Research and Development Administration (ERDA), Nevada Test Site, Nye County, Nevada Final Environmental Impact Statement, Report No. ERDA-1551, Washington, DC, 1977.
MLWA, 1986 Military Lands Withdrawal Act of 1986, Public Law 99-606.
NEPA, 1969 National Environmental Policy Act (NEPA), Public Law 91-190, 42 U.S.C. 4341, et seq., amended by Public Laws 94-52 and 94-83, 1969.

1.8 References


REGULATION, ORDER, LAW
10 CFR Part 1021 U.S. Department of Energy (DOE), "Energy: Compliance with the National Environmental Policy Act," Code of Federal Regulations, Office of the Federal Register, National Archives and Records Administration, U.S. Government Printing Office, Washington, DC, 1992.
40 CFR Part 1500-1508 Council on Environmental Quality (CEQ), "Protection of the Environment: Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act," Code of Federal Regulations, Office of the Federal Register, National Archives and Records Administration, U.S. Government Printing Office, Washington, DC, 1993.
59 FR 26635 DOE, "Preparation of an Environmental Impact Statement for the Continued Operation of the Pantex Plant and Associated Storage of Nuclear Weapon Components, Notice of Intent," Federal Register, Washington, DC, 1994.
60 FR 25697 DOE, "Notice of Intent to Prepare a Sitewide Environmental Impact Statement for the Los Alamos National Laboratory," Federal Register, Washington, DC, 1995.
60 FR 31291 DOE, "Stockpile Stewardship and Management Programmatic Environmental Impact Statement, Notice of Intent," Federal Register, Washington, DC, June 14, 1995.
GENERAL
DOE, 1994 DOE, Memorandum for the Heads of Executive Departments and Agencies, Government-to-Government Relations with Native American Tribal Governments, Washington, DC, 1994.
DOE/NV, 1995 U.S. Department of Energy, Nevada Operations Office (DOE/NV), Implementation Plan for the Nevada Test Site Environmental Impact Statement Revision O, DOE/NV-390, pp. 3 and 4, 3-14, Las Vegas, NV, 1995.
ERDA, 1977 U.S. Energy Research and Development Administration (ERDA), Nevada Test Site, Nye County, Nevada Final Environmental Impact Statement, Report No. ERDA-1551, Washington, DC, 1977.
MLWA, 1986 Military Lands Withdrawal Act of 1986, Public Law 99-606.
NEPA, 1969 National Environmental Policy Act (NEPA), Public Law 91-190, 42 U.S.C. 4341, et seq., amended by Public Laws 94-52 and 94-83, 1969.

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