Environmental Protection
The U.S. DoW, including the U.S. Pacific Air Forces, U.S. Pacific Fleet, and U.S. Indo-Pacific Command, is preparing a Draft EIS in accordance with Section 161(a)(3) of the Compact of Free Association (CoFA), which dictates that the U.S. shall apply the National Environmental Policy Act (NEPA) to its activities under the CoFA as if the FSM were the U.S.
The COFA between the US and FSM promotes efforts to prevent or eliminate damage to the environment in FSM. The agreement calls for applying NEPA to US activities under the COFA as if the FSM were the United States. When an EIS is prepared, standards substantively similar to those required by certain US laws listed in Section 161 (a)(3) shall be complied with subject to mutual agreement between US and FSM. Therefore, the process coordinated between the US and FSM to include Yap State considers NEPA and the following laws:
- Endangered Species Act of 1973, as amended
- Clean Air Act, as amended
- Clean Water Act, as amended (Federal Water Pollution Control Act)
- Title I of the Marine Protection, Research and Sanctuaries Act of 1972 (Ocean Dumping Act)
- Toxic Substances Control Act, as amended
- Solid Waste Disposal Act, as amended
The DoW and Yap State have developed Standard Operating Procedures (SOPs) to implement these requirements, as well as those of Section 402 of the U.S. National Historic Preservation Act (NHPA). Per the Cultural Resource SOP that encompasses the similar standards from NHPA found in Section 402 (54 USC 307101(e)), the DoW has initiated consultation with FSM (through Yap State Government) regarding the Proposed Action.