The text of the National Environmental Policy Act (NEPA), our nation’s charter for environmental stewardship, and the Council on Environmental Quality (CEQ) regulations that guide the implementation of NEPA, apply to major federal actions with effects that occur within United States (US) territory. Presidential Executive Order (EO) 12114, Environmental Effects Abroad of Major Federal Actions, applies to major federal actions outside the 50 states, territories, and possessions of the US, including marine waters seaward of the US territorial seas.

The Department of the Navy (DoN) prepared, and in 2005 filed with the U S Environmental Protection Agency, a draft overseas environmental impact statement/environmental impact statement (Draft OEIS/EIS) to evaluate the construction and operation of an undersea warfare training range (USWTR) offshore of the east coast of the US. Because the proposed action involves impacts both within and outside US territory, the document was prepared as an OEIS/EIS under the authorities of both EO 12114 and NEPA , pursuant to:

The provisions of NEPA apply to major federal actions with effects that occur within US territory. EO 12114 applies to major federal actions outside the 50 states, territories, and possessions of the US, including marine waters seaward of the US territorial seas. The proposed action involves impacts both within and outside US territory; therefore, the document is being prepared as an OEIS/EIS under the authorities of both NEPA and EO 12114.