# National Environmental Policy Act Revised Implementing Procedures > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A00-21245 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** August 28, 2000 - **Citation:** 65 FR 52212 ## Text DEPARTMENT OF THE INTERIOR [516 DM 1-15] National Environmental Policy Act Revised Implementing Procedures AGENCY: Department of the Interior. ACTION: Notice of proposed revised procedures. SUMMARY: This notice proposes revised Departmental policies and procedures for compliance with the National Environmental Policy Act (NEPA), as amended, Executive Order 11514, as amended, and the Council on Environmental Quality's regulations. This action is necessary to update these procedures and to make them available to the public on the Department's Internet site. When adopted, these procedures will be published in Part 516 of the Departmental Manual (DM) and will be added to the Electronic Library of Interior Policies (ELIPS). ELIPS is located at: ­ http://elips.doi.gov/ . DATES: Submit comments on or before October 12, 2000. ADDRESSES: Comments may be mailed to: Willie R. Taylor, Director, Office of Environmental Policy and Compliance; Mail Stop (MS) 2340; 1849 C Street, NW; Washington, DC 20240. Electronic comments may be submitted in WordPerfect or MicroSoft Word format to: Willie_R_Taylor@ios.doi.gov. FOR FURTHER INFORMATION CONTACT: Terence N. Martin, Team Leader, Natural Resources Management; Office of Environmental Policy and Compliance; 1849 C Street, NW; Washington, DC 20240. Telephone: 202-208-5465. E-mail: Terry_Martin@ios.doi.gov. SUPPLEMENTARY INFORMATION: These procedures address policy as well as procedure in order to assure compliance with the spirit and intent of NEPA. They update our policies and procedures in order to stay current with changing environmental laws and programs of the Federal government. It is the intent of these procedures to continue to set forth one set of broad Departmental directives and instructions to all bureaus and offices of the Department to follow in their NEPA compliance activities. In previous publications of these chapters the Department's bureaus published appendices to Chapter 6 to further describe each bureau's special compliance program. In order to more efficiently handle these appendices in the ELIPS system, it has been decided to republish them as new chapters to this DM part. Therefore, this publication includes new Chapters 8 through 15 which represent the old bureau appendices. These chapters have already received public review and are final. Comments are not being requested on these chapters. In accordance with 1507.3 of the CEQ Regulations, this Department submitted these proposed revisions to CEQ for review. In a letter dated June 14, 1999, CEQ commented on the proposed revisions, and those comments have been addressed here. Authority: NEPA, the National Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq. ); E.O. 11514, March 5, 1970, as amended by E.O. 11991, May 24, 1977; and CEQ Regulations 40 CFR 1507.3 Willie R. Taylor, Director, Office of Environmental Policy and Compliance. Department of the Interior Departmental Manual Effective Date: Series: Environmental Quality Part 516: National Environmental Policy Act of 1969 Chapter 1: Protection and Enhancement of Environmental Quality Originating Office: Office of Environmental Policy and Compliance 516 DM 1 1.1 Purpose This Chapter establishes the Department's policies for complying with Title I of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347) (NEPA); Section 2 of Executive Order 11514, Protection and Enhancement of Environmental Quality, as amended by Executive Order 11991; and the regulations of the Council on Environmental Quality (CEQ) implementing the procedural provisions of NEPA (40 CFR 1500-1508; identified in Chapters 1-7 as the CEQ Regulations). 1.2 Policy It is the policy of the Department: A. To provide leadership in protecting and enhancing those aspects of the quality of the Nation's environment which relate to or may be affected by the Department's policies, goals, programs, plans, or functions in furtherance of national environmental policy; B. To use all practicable means, consistent with other essential considerations of national policy, to improve, coordinate, and direct its policies, plans, functions, programs, and resources in furtherance of national environmental goals; C. To interpret and administer, to the fullest extent possible, the policies, regulations, and public laws of the United States administered by the Department in accordance with the policies of NEPA; D. To consider and give important weight to environmental factors, along with other essential considerations, in developing proposals and making decisions in order to achieve a proper balance between the development and utilization of natural, cultural, and human resources and the protection and enhancement of environmental quality; E. To consult, coordinate, and cooperate with other Federal agencies and State, local, and Indian tribal governments in the development and implementation of the Department's plans and programs affecting environmental quality and, in turn, to provide to the fullest practicable extent, these entities with information concerning the environmental impacts of their own plans and programs; F. To provide, to the fullest practicable extent, timely information to the public to better assist in understanding Departmental plans and programs affecting environmental quality and to facilitate their involvement in the development of such plans and programs; and G. To cooperate with and assist the CEQ. 1.3 General Responsibilities The following responsibilities reflect the Secretary's decision that the officials responsible for making program decisions are also responsible for taking the requirements of NEPA into account in those decisions and will be held accountable for that responsibility: A. Assistant Secretary—Policy, Management and Budget (PMB) . (1) Is the Department's focal point on NEPA matters and is responsible for overseeing the Department's implementation of NEPA. (2) Serves as the Department's principal contact with the CEQ. (3) Assigns to the Director, Office of Environmental Policy and Compliance (OEPC) the responsibilities outlined for that Office in this Part. B. Solicitor . Is responsible for providing legal advice in the Department's compliance with NEPA. C. Assistant Secretaries . (1) Are responsible for compliance with NEPA, E.O. 11514, as amended, the CEQ Regulations, and this Part for bureaus and offices under their jurisdiction. (2) Will insure that, to the fullest extent possible, the policies, regulations, and public laws of the United States administered under their jurisdiction are interpreted and administered in accordance with the policies of NEPA. D. Heads of Bureaus and Offices . (1) Must comply with the provisions of NEPA, E.O. 11514, as amended, the CEQ Regulations and this Part. (2) Will interpret and administer, to the fullest extent possible, the policies, regulations, and public laws of the United States administered under their jurisdiction in accordance with the policies of NEPA. (3) Will continue to review their statutory authorities, administrative regulations, policies, programs, and procedures, including those related to loans, grants, contracts, leases, licenses, or permits, in order to identify any deficiencies or inconsistencies therein which prohibit or limit full compliance with the intent, purpose, and provisions of NEPA and, in consultation with the Solicitor and the Office of Congressional and Legislative Affairs shall take or recommend, as appropriate, corrective actions as may be necessary to bring these authorities and policies into conformance with the intent, purpose, and procedures of NEPA. (4) Will monitor, evaluate, and control on a continuing basis their activities so as to protect and enhance the quality of the environment. Such activities will include those directed to controlling pollution and enhancing the environment and designed to accomplish other program objectives which may affect the quality of the environment. They will develop programs and measures to protect and enhance environmental quality and assess progress in meeting the specific objectives of such activities as they affect the quality of the environment. 1.4 Consideration of Environmental Values A. In Departmental Management . (1) In the management of the natural, cultural, and human resources under its jurisdiction, the Department must consider and balance a wide range of economic, environmental, and social objectives at the local, regional, national, and international levels, not all of which are quantifiable in comparable terms. In considering and balancing these objectives, Departmental plans, proposals, and decisions often require recognition of complements and resolution of conflicts among interrelated uses of these natural, cultural, and human resources within technological, budgetary, and legal constraints. (2) Departmental project reports, program proposals, issue papers, and other decision documents must carefully analyze the various objectives, resources, and constraints, and comprehensively and objectively evaluate the advantages and disadvantages of the proposed actions and their reasonable alternatives. Where appropriate, these documents will utilize and reference supporting and underlying economic, environmental, and other analyses. (3) The underlying environmental analyses will factually, objectively, and comprehensively analyze the environmental effects of proposed actions and their reasonable alternatives. They will systematically analyze the environmental impacts of alternatives, and particularly those alternatives and measures which would reduce, mitigate or prevent adverse environmental impacts or which would enhance environmental quality. However, such an environmental analysis is not, in and of itself, a program proposal or the decision document, is not a justification of a proposal, and will not support or deprecate the overall merits of a proposal or its various alternatives. B. In Internally Initiated Proposals . Officials responsible for development or conduct of planning and decision making systems within the Department shall incorporate to the maximum extent necessary environmental planning as an integral part of these systems in order to insure that environmental values and impacts are fully considered and in order to facilitate any necessary documentation of those considerations. C. In Externally Initiated Proposals . Officials responsible for development or conduct of loan, grant, contract, lease, license, permit, or other externally initiated activities shall require applicants, to the extent necessary and practicable, to provide environmental information, analyses, and reports as an integral part of their applications. This will serve to encourage applicants to incorporate environmental considerations into their planning processes as well as provide the Department with necessary information to meet its own environmental responsibilities. 1.5 Consultation, Coordination, and Cooperation With Other Agencies and Organizations A. Departmental Plans and Programs. (1) Officials responsible for planning or implementing Departmental plans and programs will develop and utilize procedures to consult, coordinate, and cooperate with relevant State, local, and Indian tribal governments; other bureaus and Federal agencies; and public and private organizations and individuals concerning the environmental effects of these plans and programs on their jurisdictions or interests. (2) Bureaus and offices will utilize, to the maximum extent possible, existing notification, coordination and review mechanisms established by the Office of Management and Budget and CEQ. However, use of these mechanisms must not be a substitute for early and positive consultation, coordination, and cooperation with others, especially State, local, and Indian tribal governments. B. Other Departmental Activities . (1) Technical assistance, advice, data, and information useful in restoring, maintaining, and enhancing the quality of the environment will be made available to other Federal agencies, State, local, and Indian tribal governments, institutions, and individuals as appropriate. (2) Information regarding existing or potential environmental problems and control methods developed as a part of research, development, demonstration, test, or evaluation activities will be made available to other Federal agencies, State, local, and Indian tribal governments, institutions and other entities as appropriate. (3) Recognizing the worldwide and long-range character of environmental problems, where consistent with the foreign policy of the United States, appropriate support will be made available to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of the world environment. C. Plans and Programs of Other Agencies and Organizations. (1) Officials responsible for protecting, conserving, developing, or managing resources under the Department's jurisdiction shall coordinate and cooperate with State, local, and Indian tribal governments, other bureaus and Federal agencies, and public and private organi zations and individuals, and provide them with timely information concerning the environmental effects of these entities' plans and programs. (2) Bureaus and offices are encouraged to participate early in the planning processes of other agencies and organizations in order to insure full cooperation with and understanding of the Department's programs and interests in natural, cultural, and human resources. (3) Bureaus and offices will utilize to the fullest extent possible, existing Departmental review mechanisms to avoid unnecessary duplication of effort and to avoid confusion by other organizations. 1.6 Public Involvement Bureaus and offices, in consultation with the Office of Communications will develop and utilize procedures to insure the fullest practicable provision of timely public information and understanding of their plans and programs with environmental impact including information on the environmental impacts of alternative courses of action. These procedures will include, wherever appropriate, provision for public meetings or hearings in order to obtain the views of interested parties. Bureaus and offices will also encourage State and local agencies and Indian tribal governments to adopt similar procedures for informing the public concerning their activities affecting the quality of the environment. (See also 301 DM 2.) 1.7 Mandate A. This Part provides Department-wide instructions for complying with NEPA and Executive Orders 11514, as amended by 11991 (Protection and Enhancement of Environmental Quality) and 12114 (Environmental Effects Abroad of Major Federal Actions). B. The Department hereby adopts the CEQ Regulations implementing the procedural provisions of NEPA (Sec. 102(2)(C)) except where compliance would be inconsistent with other statutory requirements. In the case of any apparent discrepancies between these procedures and the mandatory provisions of the CEQ Regulations, the regulations shall govern. C. Instructions supplementing the CEQ Regulations are provided in Chapters 2-7 of this Part. Citations in brackets refer to the CEQ Regulations. Instructions specific to each bureau are currently found in Chapters 8 through 15. This portion of the manual may expand or contract depending on the number of bureaus existing at any particular time. In addition, bureaus may prepare a handbook(s) or other technical guidance for their personnel on how to apply this Part to principal programs. Department of the Interior Departmental Manual Effective Date: Series: Environmental Quality Part 516: National Environmental Policy Act of 1969 Chapter 2: Initiating the NEPA Process Originating Office: Office of Environmental Policy and Compliance 516 DM 2 2.1 Purpose This Chapter provides supplementary instructions for implementing those portions of the CEQ Regulations pertaining to initiating the NEPA process. The numbers in parentheses signify the appropriate citation in the CEQ Regulations. 2.2 Apply NEPA Early (1501.2) A. Bureaus will initiate early consultation and coordination with other bureaus and any Federal agency having jurisdiction by law or special expertise with respect to any environmental impact involved, and with appropriate Federal, State, local and Indian tribal agencies authorized to develop and enforce environmental standards. B. Bureaus will also consult early with interested private parties and organizations, including when the Bureau's own involvement is reasonably foreseeable in a private or non-Federal application. C. Bureaus will revise or amend program regulations, requirements, or directives to insure that private or non-Federal applicants are informed of any environmental information required to be included in their applications and of any consultation with other Federal agencies, and State, local or Indian tribal governments required prior to making the application. A discussion and a list of these regulations, requirements, or directives are found in 516 DM 6.4 and 6.5. The specific regulations, requirements, or directives for each bureau are found in separate chapters of this part beginning with Chapter 8. 2.3 Whether to prepare an EIS (1501.4) A. Categorical Exclusions (CX) (1508.4). (1) The following criteria will be used to determine actions to be categorically excluded from the NEPA process: (a) The action or group of actions would have no significant effect on the quality of the human environment; and (b) The action or group of actions would not involve unresolved conflicts concerning alternative uses of available resources. (2) Based on the above criteria, the classes of actions listed in Appendix 1 to this Chapter are categorically excluded, Department-wide, from the NEPA process. A list of CX specific to Bureau programs will be found in the bureau chapters beginning with Chapter 8. (3) The exceptions listed in Appendix 2 to this Chapter apply to individual actions within CX. Environmental documents must be prepared for any actions involving these exceptions when such actions would cause material impacts. (4) Notwithstanding the criteria, exclusions and exceptions above, extraordinary circumstances may dictate or a responsible Departmental or Bureau official may decide to prepare an environmental document. B. Environmental Assessment (EA) (1508.9). See 516 DM 3. C. Finding of No Significant Impact (FONSI) (1508.13). A FONSI will be prepared as a separate covering document based upon a review of an EA. Accordingly, the words include(d) in Section 1508.13 should be interpreted as attach(ed) . D. Notice of Intent (NOI) (1508.22.). An NOI will be prepared as soon as practicable after a decision to prepare an environmental assessment or an environmental impact statement and shall be published in the Federal Register , with a copy to the Office of Environmental Policy and Compliance (OEPC) and made available to the affected public in accordance with Section 1506.6. Publication of an NOI may be delayed if there is proposed to be more than three (3) months between the decision to prepare an environmental impact statement and the time preparation is actually initiated. The notice, at a minimum, identifies key personnel, sets forth a schedule, and invites early comment. Scoping requests generally announce a schedule for scoping meetings where the agencies and the public can participate in the formal scoping process. These notices are also usually published in the Federal Register and may contain the text of a draft scoping document. The draft scoping document may also be made available upon request to a contact usually named in the notice. E. Environmental Impact Statement (EIS) (1508.11). See 516 DM 4. Decisions/actions which would normally require the preparation of an EIS will be identified in each bureau chapter beginning with Chapter 8. 2.4 Lead Agencies (1501.5) A. The Assistant Secretary—Policy, Management and Budget (PMB) will designate lead Bureaus within the Department when Bureaus under more than one Assistant Secretary are involved and will represent the Department in consultations with CEQ or other Federal agencies in the resolution of lead agency determinations. B. Bureaus will inform the of any agreements to assume lead agency status. C. To eliminate duplication with State and local procedures, a non-Federal agency may be designated as a joint lead agency when it has a duty to comply with State or local requirements that are comparable to the NEPA requirements. In general, bureaus will not become joint lead agencies with another Federal agency but will utilize the cooperating agency mechanism outlined in 40 CFR 1501.6. 2.5 Cooperating Agencies (1501.6) A. The will assist Bureaus and coordinate requests from non-Interior agencies in determining cooperating agencies. B. Bureaus will inform the of any agreements to assume cooperating agency status or any declinations pursuant to Section 1501.6(c). C. Any non-Federal agency may be a cooperating agency by agreement and bureaus are urged to utilize this process. Bureaus will consult with the Solicitor's Office in cases where such non-Federal agencies are also applicants before the Department to determine relative lead/cooperating agency responsibilities. 2.6 Scoping (1501.7) A. The invitation requirement in Section 1501.7(a)(1) may be satisfied by including such an invitation in the NOI. B. Scoping is a process which continues throughout the planning and early stages of preparation of an EIS. Scoping is encouraged by bureaus to engage the public in the early identification of concerns, potential impacts, and possible alternative actions. C. If scoping meetings are held, it should be made clear that the lead agency is ultimately responsible for the scope of an EIS and that suggestions obtained during scoping are considered to be advisory. 2.7 Time Limits (1501.8) When time limits are established they should reflect the availability of personnel and funds. Chapter 2; Appendix 1 Departmental Categorical Exclusions The following actions are categorical exclusions (CX) pursuant to 516 DM 2.3A(2). However, environmental documents will be prepared for individual actions within these CX if the exceptions listed in 516 DM 2, Appendix 2, apply. 1.1 Personnel actions and investigations and personnel services contracts. 1.2 Internal organizational changes and facility and office reductions and closings. 1.3 Routine financial transactions including such things as salaries and expenses, procurement contracts, guarantees, financial assistance, income transfers, audits, fees, bonds and royalties. 1.4 Departmental legal activities including but not limited to such things as arrests, investigations, patents, claims, and legal opinions. This does not include bringing judicial or administrative civil or criminal enforcement actions which are already excluded in 40 CFR 1508.18(a). 1.5 Regulatory and enforcement actions, including inspections, assessments, administrative hearings and decisions; when the regulations themselves or the instruments of regulations (leases, permits, licenses, etc.) have previously been covered by the NEPA process or are exempt from it. 1.6 Nondestructive data collection, inventory (including field, aerial and satellite surveying and mapping), study, research and monitoring activities. 1.7 Routine and continuing government business, including such things as supervision, administration, operations, maintenance and replacement activities having limited context and intensity; e.g., limited size and magnitude or short-term effects. 1.8 Management, formulation, allocation, transfer and reprogramming of the Department's budget at all levels. (This does not exclude the preparation of environmental documents for proposals included in the budget when otherwise required.) 1.9 Legislative proposals of an administrative or technical nature, including such things as changes in authorizations for appropriations, and minor boundary changes and land transactions; or having primarily economic, social, individual or institutional effects; and comments and reports on referrals of legislative proposals. 1.10 Policies, directives, regulations and guidelines of an administrative, financial, legal, technical or procedural nature; or the environmental effects of which are too broad, speculative or conjectural to lend themselves to meaningful analysis and will later be subject to the NEPA process, either collectively or case-by-case. 1.11 Activities which are educational, informational, advisory or consultative to other agencies, public and private entities, visitors, individuals or the general public. Chapter 2; Appendix 2 Exceptions to Categorical Exclusions The following exceptions apply to individual actions within categorical exclusions (CX). Environmental documents must be prepared for actions which may: 2.1 Have material adverse effects on public health or safety. 2.2 Have adverse effects on such unique geographic characteristics as historic or cultural resources, park, recreation or refuge lands, wilderness areas, wild or scenic rivers, national natural landmarks, sole or principal drinking water aquifers, prime farmlands, wetlands, floodplains, and ecologically significant or critical areas. 2.3 Have highly controversial environmental effects. 2.4 Have highly uncertain and potentially significant environmental effects or involve unique or unknown environmental risks. 2.5 Establish a precedent for future action or represent a decision in principle about future actions with potentially significant environmental effects. 2.6 Be directly related to other actions with individually insignificant but cumulatively significant environmental effects. 2.7 Have adverse effects on properties listed or eligible for listing on the National Register of Historic Places. 2.8 Have adverse effects on species listed or proposed to be listed on the List of Endangered or Threatened Species, or have adverse effects on designated Critical Habitat for these species. 2.9 Have material adverse effects on resources requiring compliance with Executive Order 11988 (Floodplain Management), Executive Order 11990 (Protection of Wetlands), or the Fish and Wildlife Coordination Act. 2.10 Threaten to violate a Federal, State, local or tribal law or requirement imposed for the protection of the environment. 2.11 Involve unresolved conflicts concerning alternative uses of available resources (NEPA Sec. 102(2)(E)). 2.12 Have a disproportionate, significant adverse effect on low income or minority populations (EO 12898). 2.13 Restrict access to and ceremonial use of Indian sacred sites by Indian religious practitioners or adversely affect the physical integrity of such sacred sites (EO 13007). 2.14 Contribute to the introduction, continued existence or spread of Federally listed noxious weeds (Federal Noxious Weed Control Act). 2.15 Contribute to the introduction, continued existence or spread of non- native invasive species or actions that may promote the introduction, growth, or expansion of the range of non-native invasive species (EO 13112). Department of the Interior Departmental Manual Effective Date: Series: Environmental Quality Part 516: National Environmental Policy Act of 1969 Chapter 3: Environmental Assessments Originating Office: Office of Environmental Policy and Compliance 516 DM 3 3.1 Purpose This Chapter provides supplementary instructions for implementing those portions of the CEQ Regulations pertaining to environmental assessments (EA). 3.2 When To Prepare (1501.3) A. An EA will be prepared for all actions, except those covered by a categorical exclusion, covered sufficiently by an earlier environmental document, or for those actions for which a decision has already been made to prepare an EIS. The purpose of such an EA is to allow the responsible official to determine whether to prepare an EIS. B. In addition, an EA may be prepared on any action at any time in order to assist in planning and decision making. 3.3 Public Involvement A. Public notification must be provided and, where appropriate, the public involved in the EA process (1506.6). B. The scoping process may be applied to an EA (1501.7). 3.4 Content A. At a minimum, an EA will include brief discussions of the need for the proposal, of alternatives as required by Section 102(2)(E) of NEPA, of the environmental impacts of the proposed action and such alternatives, and a listing of agencies and persons consulted (1508.9(b)). B. In addition, an EA may be expanded to describe the proposal, a broader range of alternatives, and proposed mitigation measures if this facilitates planning and decision making. C. The level of detail and depth of impact analysis should normally be limited to that needed to determine whether there are significant environmental effects. D. An EA will contain objective analyses which support its environmental impact conclusions. It will not, in and of itself, conclude whether or not an EIS will be prepared. This conclusion will be made upon review of the EA by the responsible official and documented in either an NOI or FONSI. 3.5 Format A. An EA may be prepared in any format useful to facilitate planning and decision making. B. An EA may be combined with any other planning or decision making document; however, that portion which analyzes the environmental impacts of the proposal and alternatives will be clearly and separately identified and not spread throughout or interwoven into other sections of the document. 3.6 Adoption A. An EA prepared for a proposal before the Department by another agency, entity or person, including an applicant, may be adopted if, upon independent evaluation by the responsible official, it is found to comply with this Chapter and relevant provisions of the CEQ Regulations. B. When appropriate and efficient, a responsible official may augment such an EA when it is essentially but not entirely in compliance in order to make it so. C. If such an EA or augmented EA is adopted, responsible officials must prepare their own NOI or FONSI which also acknowledges the origin of the EA and takes full responsibility for its scope and content. Department of the Interior Departmental Manual Effective Date: Series: Environmental Quality Part 516: National Environmental Policy Act of 1969 Chapter 4: Environmental Impact Statements Originating Office: Office of Environmental Policy and Compliance 516 DM 4 4.1 Purpose This Chapter provides supplementary instructions for implementing those portions of the CEQ regulations pertaining to environmental impact statements (EIS). 4.2 Statutory Requirements (1502.3) NEPA requires that an EIS be prepared by the responsible Federal official. This official is normally the lowest-level official who has overall responsibility for formulating, reviewing, or proposing an action or, alternatively, has been delegated the authority or responsibility to develop, approve, or adopt a proposal or action. Preparation at this level will insure that the NEPA process will be incorporated into the planning process and that the EIS will accompany the proposal through existing review processes. 4.3 Timing (1502.5) A. The feasibility analysis (go/no-go) stage, at which time an EIS is to be completed, is to be interpreted as the stage prior to the first point of major commitment to the proposal. For example, this would normally be at the authorization stage for proposals requiring Congressional authorization, the location or corridor stage for transportation, transmission, and communication projects, and the leasing stage for mineral resources proposals. B. An EIS need not be commenced until an application is essentially complete; e.g., any required environmental information is submitted, any consultation required with other agencies has been conducted, and any required advance funding is paid by the applicant. 4.4 Page Limits (1502.7) Where the text of an EIS for a complex proposal or group of proposals appears to require more than the normally prescribed limit of 300 pages, bureaus will insure that the length of such statements is no greater than necessary to comply with NEPA, the CEQ regulations, and this Chapter. 4.5 Supplemental Statements (1502.9) A. Supplements are only required if such changes in the proposed action or alternatives, new circumstances, or resultant significant effects are not adequately analyzed in the previously prepared EIS. B. A bureau and/or the appropriate program Assistant Secretary will consult with the Office of Environmental Policy and Compliance (OEPC) and the Office of the Solicitor prior to proposing to CEQ to prepare a final supplement without preparing an intervening draft. C. If, after a decision has been made based on a final EIS, a described proposal is further defined or modified and if its changed effects are minor or still within the scope of the earlier EIS, an EA and FONSI may be prepared for subsequent decisions rather than a supplement. 4.6 Format (1502.10) A. Proposed departures from the standard format described in the CEQ regulations and this Chapter must be approved by the OEPC. B. The section listing the preparers of the EIS will also include other sources of information, including a bibliography or list of cited references, when appropriate. C. The section listing the distribution of the EIS will also briefly describe the consultation and public involvement processes utilized in planning the proposal and in preparing the EIS, if this information is not discussed elsewhere in the document. D. If CEQ's standard format is not used or if the EIS is combined with another planning or decision making document, the section which analyzes the environmental consequences of the proposal and its alternatives will be clearly and separately identified and not interwoven into other portions of or spread throughout the document. 4.7 Cover Sheet (1502.11) The cover sheet will also indicate whether the EIS is intended to serve any other environmental review or consultation requirements pursuant to Section 1502.25. 4.8 Summary (1502.12) The emphasis in the summary should be on those considerations, controversies, and issues which significantly affect the quality of the human environment. 4.9 Purpose and Need (1502.13) This section may introduce a number of factors, including economic and technical considerations and Departmental or bureau statutory missions, which may be beyond the scope of the EIS. Care should be taken to insure an objective presentation and not a justification. 4.10 Alternatives Including the Proposed Action (1502.14) A. As a general rule, the following guidance will apply: (1) For internally initiated proposals; i.e., for those cases where the Department conducts or controls the planning process, both the draft and final EIS shall identify the bureaus' proposed action. (2) For externally initiated proposals; i.e., for those cases where the Department is reacting to an application or similar request, the draft and final EIS shall identify the applicant's proposed action and the bureau's preferred alternative unless another law prohibits such an expression. (3) Proposed departures from this guidance must be approved by the OEPC and the Office of the Solicitor. B. Mitigation measures are not necessarily independent of the proposed action and its alternatives and should be incorporated into and analyzed as a part of the proposal and appropriate alternatives. Where appropriate, major mitigation measures may be identified and analyzed as separate alternatives in and of themselves where the environmental consequences are distinct and significant enough to warrant separate evaluation. 4.11 Appendix (1502.18) If an EIS is intended to serve other environmental review or consultation requirements pursuant to Section 1502.25, any more detailed information needed to comply with these requirements may be included as an appendix. 4.12 Incorporation by Reference (1502.21) Citations of specific topics will include the pertinent page numbers. All literature references will be listed in the bibliography. 4.13 Incomplete or Unavailable Information (1502.22) The references to overall costs in this section are not limited to market costs, but include other costs to society such as social costs due to delay. 4.14 Methodology and Scientific Accuracy (1502.24) Conclusions about environmental effects will be preceded by an analysis that supports that conclusion unless explicit reference by footnote is made to other supporting documentation that is readily available to the public. 4.15 Environmental Review and Consultation Requirements (1502.25) A. A list of related environmental review and consultation requirements is available from the OEPC. B. If the EIS is intended to serve as the vehicle to fully or partially comply with any of these requirements, the associated analyses, studies, or surveys will be identified as such and discussed in the text of the EIS and the cover sheet will so indicate. Any supporting analyses or reports will be referenced or included as an appendix and shall be sent to reviewing agencies as appropriate in accordance with applicable regulations or procedures. 4.16 Inviting Comments (1503.1) A. Comments from State agencies will be requested through procedures established by the Governor pursuant to Executive Order 12372, and may be requested from local agencies through these procedures to the extent that they include the affected local jurisdictions. See 511 DM and the current OEPC guidance on this topic. B. When the proposed action may affect the environment of an Indian reservation, comments will be requested from the Indian tribe through the tribal governing body, unless the tribal governing body has designated an alternate review process. C. The comments of other Departmental bureaus and offices must also be requested. In order to do this, the preparing bureau must furnish copies of the environmental document to the other bureaus in quantities sufficient to allow simultaneous review. Guidance is found in the Environmental Statement Memoranda Series (ESM) periodically updated by the OEPC. 4.17 Response to Comments (1503.4) A. Preparation of a final EIS need not be delayed in those cases where a Federal agency, from which comments are required to be obtained (1503.1(a)(1)), does not comment within the prescribed time period. Informal attempts will be made to determine the status of any such comments and every reasonable attempt should be made to include the comments and a response in the final EIS. B. When other commentors are late, their comments should be included in the final EIS to the extent practicable. C. For those EISs requiring the approval of the Assistant Secretary—Policy, Management and Budget (PMB) pursuant to 516 DM 6.3, bureaus will consult with the OEPC when they propose to prepare an abbreviated final EIS (1503.4(c)). 4.18 Elimination of Duplication With State and Local Procedures (1506.2) Bureaus will incorporate in their appropriate program regulations provisions for the preparation of an EIS by a State agency to the extent authorized in Section 102(2)(D) of NEPA. Eligible programs are listed in Appendix I to this Chapter. 4.19 Combining Documents (1506.4) See 516 DM 4.6D. 4.20 Departmental Responsibility (1506.5) Following the responsible official's preparation or independent evaluation of and assumption of responsibility for an environmental document, an applicant may print it provided the applicant is bearing the cost of the document pursuant to other laws. 4.21 Public Involvement (1506.6) See 516 DM 1.6 and 301 DM 2. 4.22 Further Guidance (1506.7) The OEPC may provide further guidance concerning NEPA pursuant to its organizational responsibilities (110 DM 22) and through supplemental directives (381 DM 4.5B) 4.23 Proposals for Legislation (1506.8) The Office of Congressional and Legislative Affairs, in consultation with the OEPC, shall: A. Identify in the annual submittal to OMB of the Department's proposed legislative program any requirements for and the status of any environmental documents. B. When required, insure that a legislative EIS is included as a part of the formal transmittal of a legislative proposal to the Congress. 4.24 Time Periods (1506.10) A. The minimum review period for a draft EIS will be forty-five (45) days from the date of publication by the Environmental Protection Agency of the notice of availability. B. For those ElSs requiring the approval of the Assistant Secretary—PMB pursuant to 516 DM 6.3, the OEPC will be responsible for consulting with the Environmental Protection Agency and/or CEQ about any proposed reductions in time periods or any extensions of time periods proposed by those agencies. Chapter 4, Appendix 1 Programs of Grants to States in Which Agencies Having Statewide Jurisdiction May Prepare EISs 1.1 Fish and Wildlife Service. A. Anadromous Fish Conservation (=15.600). B. Fish Restoration (=15.605). C. Wildlife Restoration (=15.611). D. Endangered Species Conservation (=15 612). E. Marine Mammal Grant Program (=15.613). 1.2 Bureau of Land Management. A. Wildlife Habitat Management Technical Assistance (=15.219). 1.3 National Park Service. A. Historic Preservation Grants-in-Aid (=15.904). B. Outdoor Recreation-Acquisition Development and Planning (=15.916). 1.4 Bureau of Reclamation. A. National Water Research and Development Program (=15.505). 1.5 Office of Surface Mining. A. Regulation of Surface Coal Mining and Surface Effects of Underground Coal Mining (=15.250). B. Abandoned Mine Land Reclamation (AMLR) Program (=15.252). 1.6 Office of Territorial and International Affairs. A. Economic and Political Development of the Territories and the Trust Territory of the Pacific Islands (=15.875). Note. —Citations in parentheses refer to the Catalog of Federal Domestic Assistance. Office of Management and Budget. 1983. Department of the Interior Departmental Manual Effective Date: Series: Environmental Quality Part 516: National Environmental Policy Act of 1969 Chapter 5: Relationship to Decision Making Originating Office: Office of Environmental Policy and Compliance 516 DM 5 5.1 Purpose This Chapter provides supplementary instructions for implementing those portions of the CEQ Regulations pertaining to decision making. 5.2 Predecision Referrals to CEQ [1504.3] A. Upon receipt of advice that another Federal agency intends to refer a Departmental matter to CEQ, the lead bureau will immediately meet with that Federal agency to attempt to resolve the issues raised and expeditiously notify its Assistant Secretary and the Office of Environmental Policy and Compliance (OEPC). B. Upon any referral of a Departmental matter to CEQ by another Federal agency, the OEPC will be responsible for coordinating the Department's role with CEQ. The lead bureau will be responsible for developing and presenting the Department's position at CEQ including preparation of briefing papers and visual aids. 5.3 Decision Making Procedures [1505.1] A. Procedures for decisions by the Secretary/Deputy Secretary are specified in 301 DM 1. Assistant Secretaries should follow a similar process when an environmental document accompanies a proposal for their decision. B. Bureaus will incorporate in their formal decision making procedures and NEPA handbooks provisions for consideration of environmental factors and relevant environmental documents. The major decision points for principal programs likely to have significant environmental effects will be identified in the bureau chapters on “Managing the NEPA Process” beginning with Chapter 8 of this Part. C. Relevant environmental documents, including supplements, will be included as part of the record in formal rulemaking or adjudicatory proceedings. D. Relevant environmental documents, comments, and responses will accompany proposals through existing review processes so that Departmental officials use them in making decisions. E. The decision maker will consider the environmental impacts of the alternatives described in any relevant environmental document and the range of these alternatives must encompass the alternatives considered by the decision maker. 5.4 Record of Decision [1505.2] A. Any decision documents prepared pursuant to 301 DM 1 for proposals involving EIS may incorporate all appropriate provisions of Section 1505.2(b) and (c). B. If a decision document incorporating these provisions is made available to the public following a decision, it will serve the purpose of a record of decision. 5.5 Implementing the Decision [1505.3] The terms “monitoring” and “conditions” will be interpreted as being related to factors affecting the quality of the human environment. 5.6 Limitations on Actions [1506.1] A bureau will notify its Assistant Secretary, the Solicitor, and the OEPC of any situations described in Section 1506.1(b). 5.7 Timing of Actions [1506.10] For those EISs requiring the approval of the Assistant Secretary—Policy, Management and (PMB) pursuant to 516 DM 6.3, the responsible official will consult with the OEPC before making any request for reducing the time period before a decision or action. 5.8 Emergencies [1506.11] In the event of an unanticipated emergency situation, a bureau will immediately take any necessary action to prevent or reduce risks to public health or safety or serious resource losses then expeditiously consult with its Assistant Secretary, the Solicitor, OEPC, and CEQ about compliance with NEPA. Upon learning of the emergency situation, the OEPC will immediately notify CEQ. During followup activities OEPC and the bureau will jointly be responsible for consulting with CEQ. Additional guidance is available in the OEPC Environmental Statement Memoranda Series periodically updated by and available from OEPC. Department of the Interior Departmental Manual Effective Date: Series: Environmental Quality Part 516: National Environmental Policy Act of 1969 Chapter 6: Managing the NEPA Process Originating Office: Office of Environmental Policy and Compliance 516 DM 6 6.1 Purpose This Chapter provides supplementary instructions for implementing those provisions of the CEQ Regulations pertaining to procedures for implementing and managing the NEPA process. 6.2 Organization for Environmental Quality A. Office of Environmental Policy and Compliance. The Director, Office of Environmental Policy and Compliance (OEPC), reporting to the Assistant Secretary—Policy, Management and Budget (PMB), is responsible for providing advice and assistance to the Department on matters pertaining to environmental quality and for overseeing and coordinating the Department's compliance with NEPA, E.O. 11514, the CEQ Regulations, and this Part. (See also 110 DM 22.) B. Bureaus and Offices. Heads of bureaus and offices will designate organizational elements or individuals, as appropriate, at headquarters and regional levels to be responsible for overseeing matters pertaining to the environmental effects of the bureau's plans and programs. The individuals assigned these responsibilities should have management experience or potential, understand the bureau's planning and decision making processes, and be well trained in environmental matters, including the Department's policies and procedures so that their advice has significance in the bureau's planning and decisions. These organizational elements will be identified in Chapters 8-15 which contain all bureau NEPA requirements. 6.3 Approval of EISs A. A program Assistant Secretary is authorized to approve an EIS in those cases where the responsibility for the decision for which the EIS has been prepared rests with the Assistant Secretary or below. The Assistant Secretary may further assign the authority to approve the EIS if he or she chooses. The Assistant Secretary—PMB will make certain that each program Assistant Secretary has adequate safeguards to assure that the EISs comply with NEPA, the CEQ Regulations, and the Departmental Manual. B. The Assistant Secretary—PMB is authorized to approve an EIS in those cases where the decision for which the EIS has been prepared will occur at a level in the Department above an individual program Assistant Secretary. 6.4 List of Specific Compliance Responsibilities A. Bureaus and offices shall: (1) Prepare NEPA handbooks providing guidance on how to implement NEPA in principal program areas. (2) Prepare program regulations or directives for applicants. (3) Propose categorical exclusions. (4) Prepare and approve EAs. (5) Decide whether to prepare an EIS. (6) Prepare and publish NOIs and FONSIs. (7) Prepare and, when assigned, approve EISs. B. Assistant Secretaries shall: (1) Approve bureau handbooks. (2) Approve regulations or directives for applicants. (3) Approve categorical exclusions. (4) Approve EISs pursuant to 516 DM 6.3. C. The Assistant Secretary—PMB shall: (1) Concur with regulations or directives for applicants. (2) Concur with categorical exclusions. (3) Approve EISs pursuant to 516 DM 6.3. 6.5 Bureau Requirements A. Requirements specific to bureaus appear as separate chapters beginning with Chapter 8 of this Part and include the following: (1) Identification of officials and organizational elements responsible for NEPA compliance. (2) List of program regulations or directives which provide information to applicants. (3) Identification of major decision points in principal programs for which an EIS is normally prepared. (4) List of categorical exclusions. B. Bureau requirements are found in the following chapters for the current bureaus: (1) Fish and Wildlife Service (Chapter 8; formerly Appendix 1). (2) Geological Survey (Chapter 9; formerly Appendix 2). (3) Bureau of Indian Affairs (Chapter 10; formerly Appendix 4). (4) Bureau of Land Management (Chapter 11; formerly Appendix 5). (5) National Park Service (Chapter 12; formerly Appendix 7). (6) Office of Surface Mining (Chapter 13; formerly Appendix 8). (7) Bureau of Reclamation (Chapter 14; formerly Appendix 9). (8) Minerals Management Service (Chapter 15; formerly Appendix 10). C. The Office of the Secretary and other Departmental Offices do not have separate chapters but must comply with this Part and will consult with the OEPC about compliance activities. 6.6 Information About the NEPA Process The OEPC will publish periodically a Departmental list of contacts where information about the NEPA process and the status of EISs may be obtained. Department of the Interior Departmental Manual Effective Date: Series: Environmental Quality Part 516: National Environmental Policy Act of 1969 Chapter 7: Review of Environmental Impact Statements and Project Proposals Prepared by Other Federal Agencies Originating Office: Office of Environmental Policy and Compliance 516 DM 7 7.1 Purpose A. These procedures implement the policy and directives of Section 102(2)(C) of the National Environmental Policy Act of 1969 (P.L. 91-190, 83 Stat. 852, January 1, 1970, NEPA); Section 2(f) of Executive Order No. 11514 (March 5, 1970); the CEQ Regulations (43 F.R. 55990, November 28, 1978; CEQ); Bulletin No. 72-6 of the Office of Management and Budget (September 14, 1971); and provide guidance to bureaus and offices of the Department in the review of environmental impact statements prepared by and for other Federal agencies. B. In accordance with 112 DM 4.1F, these procedures further govern the Department's environmental review of non-Interior proposals such as regulations, applications, plans, reports, and other environmental documents which affect the interests of the Department. Such proposals are prepared, circulated, and reviewed under a wide variety of statutes and regulations. These procedures assure that the Department responds to these review requests with coordinated comments and recommendations under Interior's various authorities. 7.2 Policy The Department considers it a priority to provide competent and timely review comments on environmental impact statements and other project review documents prepared by other Federal agencies for their major actions which significantly affect the quality of the human environment. All such documents are hereinafter referred to as “environmental review documents.” The term “environmental review document” or “environmental document” as used in this chapter is separate from and broader than the same term found in 40 CFR 1508.10 of the CEQ Regulations. These reviews are predicated on the Department's jurisdiction by law or special expertise with respect to the environmental impact involved and shall provide constructive comments to other Federal agencies to assist them in meeting their environmental responsibilities. 7.3 Responsibilities A. The Assistant Secretary—Policy, Management and Budget (PMB): Shall be the Department's contact point for the receipt of requests for reviews of environmental documents prepared by or for other Federal agencies. This authority shall be carried out through the Director, Office of Environmental Policy and Compliance (OEPC). B. Director, Office of Environmental Policy and Compliance (1) Shall determine whether such review requests are to be answered by a Secretarial Officer, the Director, OEPC, or by a Regional Environmental Officer, and determine which bureaus and/or offices shall perform such reviews; (2) Shall prepare, or where appropriate, shall designate a lead bureau responsible for preparing the Department's review comments. The lead bureau may be a bureau, Secretarial office, other Departmental office, or task force and shall be that organizational entity with the most significant jurisdiction or environmental expertise in regard to the requested review; (3) Shall establish review schedules and target dates for responding to review requests and monitor their compliance; (4) Shall review, sign, and transmit the Department's review comments to the requesting agency; (5) Shall consult with the requesting agency on the Department's review comments on an “as needed” basis to ensure resolution of the Department's concerns; and (6) Shall consult with the Legislative Counsel and the Solicitor when environmental reviews pertain to legislative or legal matters, respectively. C. The Legislative Counsel: Shall ensure that requests for reviews of environmental documents prepared by other Federal agencies that accompany or pertain to legislative proposals are immediately referred to the Assistant Secretary—PMB. D. Regional Environmental Officers: When designated by the Director, OEPC, shall review, sign, and transmit the Department's review comments to the requesting agency. E. Assistant Secretaries and Heads of Bureaus and Offices: (1) Shall designate officials and organizational elements responsible for the coordination and conduct of environmental reviews and report this information to the Director, OEPC; (2) Shall provide the Director, OEPC with appropriate information and material concerning their delegated jurisdiction and special environmental expertise in order to assist in assigning review responsibilities; (3) Shall conduct reviews based upon their areas of jurisdiction or special environmental expertise and provide comments to the designated lead bureau or office assigned responsibilities for preparing Departmental comments; (4) When designated lead bureau by the Director, OEPC, shall prepare and forward the Department's review comments as instructed; (5) Shall assure that review schedules for discharging assigned responsibilities are met and promptly inform other concerned offices if established target dates cannot be met and when they will be met; (6) Shall provide a single, unified bureau response to the lead bureau, as directed; (7) Shall assure that the policies of 516 DM 7.2 regarding competency and timeliness are carried out; and (8) Shall provided the necessary authority to those designated in E.1 above to carry out all the requirements of 516 DM 7. 7.4 Types of Reviews A. Descriptions of Proposed Actions: (1) Descriptions of proposed actions are not substitutes for environmental statements. Federal agencies and applicants for Federal assistance may circulate such descriptions, for the purpose of soliciting information concerning environmental impact in order to determine whether or not to prepare environmental impact statements. (2) Requests for reviews of descriptions of proposed actions are not required to be processed through the OEPC. Review comments may be handled independently by bureaus and offices, with the Regional Environmental Officer or Director, OEPC being advised of significant or highly controversial issues. Review comments are for the purpose of providing informal technical assistance to the requesting agency and should state that they do not represent the views and comments of the Department. B. Environmental Assessments or Reports: (1) Environmental assessments or reports are not substitutes for environmental statements. These assessments or reports may be prepared by Federal agencies, their consultants, or applicants for Federal assistance. They are prepared either to provide information in order to determine whether or not an environmental statement should be prepared, or to provide input into an environmental statement. If they are separately circulated, it is generally for the purpose of soliciting additional information concerning environmental impact. (2) Requests for reviews of environmental assessments or reports are not required to be processed through the OEPC. Review comments may be handled independently by bureaus and offices, with the Regional Environmental Officer or Director, OEPC being advised of significant or highly controversial issues. Review comments are for the purpose of providing informal technical assistance to the requesting agency and should state that they do not represent the views and comments of the Department. C. Findings of No Significant Impact: (1) Findings of No Significant Impact are prepared in lieu of environmental statements by Federal agencies and, in some cases, by applicants for Federal assistance. A Finding of No Significant Impact is a statement for the record by the proponent Federal agency that it has reviewed the environmental impact of its proposed action (generally in an environmental assessment), that it determines that the action will not significantly affect the quality of the human environment, and that an environmental statement is not required. Such findings are not normally circulated. (2) Findings of No Significant Impact are not required to be processed through the OEPC. Review comments may be handled independently by bureaus and offices and shall concur or not concur with the requesting agency. If a bureau or office does not concur, the Regional Environmental Officer or Director, OEPC will be advised promptly by copy of the comments with a copy of the Finding of No Significant Impact attached. D. Notices of Intent and Scoping Requests: (1) Notices of intent and scoping requests mark the beginning of the formal review process. Notices of intent are published in the Federal Register and announce that an agency plans to prepare an environmental compliance document under NEPA. Often the notice of intent and notice of scoping meetings and/or requests are combined into one Federal Register notice. (2) Reviews of notices of intent and scoping requests are processed through the OEPC with instructions to bureaus to comment directly to the requesting agency. Review comments are for the purpose of providing informal technical assistance to the requesting agency and should state that they do not represent the views and comments of the Department. E. Preliminary, Proposed, or Working Draft Environmental Impact Statements: (1) Preliminary, proposed, or working draft environmental impact statements are sometimes prepared and circulated by Federal agencies and applicants for Federal assistance for consultative purposes. (2) Requests for reviews of these types of draft environmental impact statements are not required to be processed through the OEPC. Review comments may be handled independently by bureaus and offices with the Regional Environmental Officer or Director, OEPC being advised of significant or highly controversial issues. Review comments are for the purpose of providing informal technical assistance to the requesting agency and should state that they do not represent the views and comments of the Department. F. Draft Environmental Impact Statements: (1) Draft environmental impact statements are prepared by Federal agencies under the provisions of Section 102(2)(C) of NEPA and provisions of the CEQ Regulations. They are filed with the Environmental Protection Agency and officially circulated to other Federal agencies for review from their jurisdiction by law or special environmental expertise. (2) All requests from other Federal agencies for review of draft environmental impact statements shall be made through the Director, OEPC. Review comments shall be handled in accordance with the provisions of this chapter and guidance memoranda issued and updated by the OEPC. This guidance is found in the Environmental Review Memoranda Series (ERM) periodically updated by the OEPC. G. Final Environmental Impact Statements: (1) Final environmental impact statements are prepared by Federal agencies following receipt and consideration of review comments. They are filed with the Environmental Protection Agency and are generally circulated for information purposes and sometimes for comment. (2) The Director, OEPC shall review final environmental impact statements to determine whether they reflect adequate consideration of the Department's comments. Bureaus and offices shall not comment independently on final environmental impact statements, but shall inform the Director, OEPC of their views. Any review comments shall be handled in accordance with the instructions of the OEPC. H. License and Permit Applications: (1) The Department receives draft and final environmental review documents associated with applications for other Federal licenses and permits. This activity largely involves the regulatory program of the Corps of Engineers and the hydroelectric and natural gas pipeline licensing programs of the Federal Energy Regulatory Commission. (2) Environmental review of applications is generally handled in the same manner as for draft and final environmental impact statements. Additional review guidance may be made available as necessary through the ERMs to efficiently manage this activity. Bureau reviewers should consult with the OEPC for the most current review guidance. I. Project Plans and Reports without Associated Environmental Documents: (1) The Department receives draft and final project plans and reports under various authorities which do not have environmental documents circulated with them. This may be because NEPA compliance has been completed or will be completed on a slightly different schedule or because NEPA does not apply. (2) Environmental review of these documents is handled in the same manner as for draft and final environmental impact statements. Additional review guidance may be made available as necessary through the ERMs to efficiently manage this activity. Bureau reviewers should consult with the OEPC for the most current review guidance. J. Federal Regulations: (1) The Department circulates and controls the review of advance notices of proposed rulemaking, proposed rulemaking, and final rulemaking which are environmental in nature and may impact the Department's natural resources and programs. (2) Environmental review of these documents is handled in the same manner as for draft and final environmental impact statements. Additional review guidance may be made available as necessary through the ERMs to efficiently manage this activity. Bureau reviewers should consult with the OEPC for the most current review guidance. K. Documents Prepared Pursuant to Other Environmental Statutes: (1) The Department receives draft and final project plans prepared pursuant to other environmental statutes [ e.g. , Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); Resource Conservation and Recovery Act (RCRA), and the Oil Pollution Act (OPA)], which may not have environmental documents circulated with them. (2) Environmental review of these documents is handled consistently with the policies and provisions of this part, and in accordance with further guidance from the Director, OEPC. Additional review guidance may be made available as necessary through the ERMs to efficiently manage this activity. Bureau reviewers should consult with the OEPC for the most current review guidance. L. Section 4(f) Documents: (1) Under Section 4(f) of the Department of Transportation Act, the Secretary of Transportation may approve a transportation program or project requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national, State or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if there is no prudent and feasible alternative to using that land and the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use. (2) Environmental review of Section 4(f) documents is handled in the same manner as for draft and final environmental impact statements. Additional review guidance may be made available as necessary through the ERMs to efficiently manage this activity. Bureau reviewers should consult with the OEPC for the most current review guidance. 7.5 Content of Comments on Environmental Documents A. Departmental Comments: (1) Departmental comments on environmental documents prepared by other Federal agencies shall be based upon the Department's jurisdiction by law or special expertise with respect to the environmental impact of the proposed action or alternatives to the action. The adequacy of the document in regard to applicable statutes is the responsibility of the agency that prepared the document and any comments on its adequacy shall be limited to the Department's jurisdiction or environmental expertise. (2) Reviews shall be conducted in sufficient detail to ensure that both potentially beneficial and adverse environmental effects of the proposed action and alternatives, including cumulative and secondary effects, are adequately identified. Wherever possible, and within the Department's competence and resources, other agencies will be advised on ways to avoid or minimize adverse impacts of the proposed action and alternatives, and on alternatives to the proposed action that may have been overlooked or inadequately treated. (3) Review comments should not capsulize or restate the environmental review document, but should provide clear, concise, substantive, fully justified, and complete comments on the stated or unstated environmental impacts of the proposed action and, if appropriate, on alternatives to the action. Comments, either positive or negative, shall be objective and constructive. (4) Departmental review comments shall be organized as follows: (a) Control Number. The Departmental review control number shall be typed in the upper lefthand corner below the Departmental seal on the letterhead page of the comments. (b) Introduction. The introductory paragraph shall reference the other Federal agency's review request, including the date, the type of review requested, the subject of the review; and, where appropriate, the geographic location of the subject and the other agency's control number. (c) General Comments, if any. This section will include those comments of a general nature and those which occur throughout the review which ought to be consolidated in order to avoid needless repetition. (d) Detailed Comments. The format of this section shall follow the organization of the other agency's environmental document. These comments shall not approve, disapprove, support, or object to proposed actions of other Federal agencies, but shall constructively and objectively comment on the environmental impact of the proposed action, and on the adequacy of the statement in describing the environmental impacts of the action, the alternatives, and the impacts of the alternatives. Comments shall specify any corrections, additions, or other changes required to make the statement adequate. (e) Summary Comments, if any. In general, the Department will not take a position on the proposed action of another Federal agency, but will limit its comments to those above. However, in those cases where the Department has jurisdiction by statute, executive order, memorandum of agreement, or other authority the Department may comment on the proposed action. These comments shall be provided in this section and may take the form of support for, concurrence with, concern over, or objection to the proposed action and/or the alternatives. B. Bureau and Office Comments: Bureau and office reviews of environmental impact statements prepared by other Federal agencies are considered informal inputs to the Department's comments and their content will generally conform to paragraph 7.5A of this chapter with the substitution of the bureau's or office's delegated jurisdiction or special environmental expertise for that of the Department. C. Relationship to Other Concurrent Reviews: (1) Where the Department, because of other authority or agreement, is concurrently requested to review a proposal as well as its environmental impact statement, the Department's comments on the proposal shall be separately identified and precede the comments on the environmental impact statement. A summary of the Department's position, if any, on the proposal and its environmental impact shall be separately identified and follow the review comments on the environmental impact statement. (2) Where another Federal agency elects to combine other related reviews into the review of the environmental impact statement by including additional or more specific information into the statement, the introduction to the Department's review comments will acknowledge the additional review request and the review comments will be incorporated into appropriate parts of the combined statement review. A summary of the Department's position, if any, on the environmental impacts of the proposal and any alternatives shall be separately identified and follow the detailed review comments on the combined statement. (3) In some cases, the concurrent review is not an integral part of the environmental compliance review but is being processed within weeks of the environmental review. If there is also an environmental review being processed by the OEPC, there is potential for two sets of conflicting comments to reach the requesting agency within days. Bureaus must recognize that this possibility exists and must check with the Regional Environmental Officer to determine the status of any environmental review prior to forwarding the concurrent review comments to the requesting agency. Any conflicts must be resolved before the separate comments may be filed. One review may be held up pending completion of the concurrent review and consideration of filing a single comment letter. A time extension may be necessary and must be obtained if a review is to be held up pending completion of a concurrent review. (4) The Department's intervention in another agency's adjudicatory process is also a concurrent review. Such reviews are governed by 452 DM 2 which must be consulted in applicable cases. The most common cases involve the Department's review of hydroelectric and natural gas applications to the Federal Energy Regulatory Commission. In these cases, it is recommended that bureaus consult frequently with the appropriate attorney of record in the Office of the Solicitor. 7.6 Availability of Review Comments A. Prior to the public availability of another Federal agency's final environmental impact statement, the Department shall not independently release to the public its comments on that agency's draft environmental impact statement. In accordance with Section 1506.6(f) of the CEQ Regulations, the agency that prepared the statement is responsible for making the comments available to the public, and requests for copies of the Department's comments shall be referred to that agency. Exceptions to this procedure shall be made by the OEPC. B. Various internal Departmental memoranda, such as the review comments of bureaus, offices, task forces, and individuals, which are used as inputs to the Department's review comments are generally available to the public in accordance with the Freedom of Information Act (5 U.S.C. Section 552) and the Departmental procedures established by 43 C.F.R. 2. Upon receipt of such requests and in addition to following the procedures above in A., the responsible bureau or office shall notify and consult their bureau Freedom of Information Act Officer and the OEPC to coordinate any responses. 7.7 Procedures for Processing Environmental Reviews A. General Procedures: (1) All requests for reviews of environmental documents prepared by or for other Federal agencies shall be received and controlled by the Director, OEPC. (2) If a bureau or office, whether at headquarters or field level, receives an environmental document for review directly from outside of the Department, it should ascertain whether the document is a preliminary, proposed, or working draft circulated for technical assistance or input in order to prepare a draft document or whether the document is in fact a draft environmental document being circulated for official review. (a) If the document is a preliminary, proposed, or working draft, the bureau or office should handle independently and provide whatever technical assistance possible, within the limits of their resources, to the requesting agency. The response should clearly indicate the type of assistance being provided and state that it does not represent the Department's review of the document. Each bureau or office should provide the Regional Environmental Officer and the Director, OEPC copies of any comments involving significant or controversial issues. (b) If the document is a draft or final environmental document circulated for official review, the bureau or office should inform the requesting agency of the Department's procedures in subparagraph (1) above and promptly refer the request and the document to the Director, OEPC for processing. (3) All bureaus and offices processing and reviewing environmental documents of other Federal agencies will do so within the time limits specified by the Director, OEPC. From thirty (30) to forty-five (45) days are normally available for responding to other Federal agency review requests. Whenever possible the Director, OEPC shall seek a forty-five (45) day review period. Further extensions shall be handled in accordance with paragraph 7.7B(3) of this chapter. (4) The Department's review comments on other Federal agencies' environmental documents shall reflect the full and balanced interests of the Department in the protection and enhancement of the environment. Lead bureaus shall be responsible for resolving any intra-Departmental differences in bureau or office review comments submitted to them. The OEPC is available for guidance and assistance in this regard. In cases where agreement cannot be reached, the matter shall be referred through channels to the Assistant Secretary—PMB with attempts to resolve the disagreement at each intervening management level. The OEPC will assist in facilitating this process. B. Processing Environmental Reviews: (1) The OEPC shall secure and distribute sufficient copies of environmental documents for Departmental review. Bureaus and offices should keep the OEPC informed as to their needs for review copies, which shall be kept to a minimum, and shall develop internal procedures to efficiently and expeditiously distribute environmental documents to reviewing offices. (2) Reviewing bureaus and offices which cannot meet the review schedule shall so inform the lead bureau and shall provide the date that the review will be delivered. The lead bureau shall inform the OEPC in cases of headquarters-level response, or the Regional Environmental Officer in cases of field-level response, if it cannot meet the schedule, why it cannot, and when it will. The OEPC or the Regional Environmental Officer shall be responsible for informing the other Federal agency of any changes in the review schedule. (3) Reviewing offices shall route their review comments through channels to the lead bureau, with a copy to the OEPC. When, in cases, of headquarters-level response, review comments cannot reach the lead bureau within the established review schedule, reviewing bureaus and offices shall send a copy marked “Advance Copy” directly to the lead bureau. Review comments shall also be sent to the lead bureau by electronic means to facilitate meeting the requesting agency's deadline. (4) In cases of headquarters-level response: (a) The lead bureau shall route the completed comments through channels to the OEPC in both paper copy and electronic wordprocessor format. Copies shall be prepared and attached for all bureaus and offices from whom review comments were requested, for the OEPC, and for the Regional Environmental Officer when the review pertains to a project within a regional jurisdiction. In addition, original copies of all review comments received or documentation that none were provided shall accompany the Department's comments through the clearance process and shall be retained by the OEPC. (b) The OEPC shall review, secure any necessary additional surnames, surname, and either sign the Department's comments or transmit the Department's comments to another appropriate Secretarial Officer for signature. Upon signature, the OEPC shall transmit the comments to the requesting agency. (5) In cases of field-level response: (a) The lead bureau shall provide the completed comments to the appropriate Regional Environmental Officer in both paper-copy and electronic wordprocessor format. In addition, original copies of all review comments received or documentation that none were provided shall be attached to the paper copy. (b) The Regional Environmental Officer shall review, sign, and transmit the Department's comments to the agency requesting the review. In addition they shall reproduce and send the Department's comments to the regional bureau reviewers. The entire completed package including the bureau review comments shall be sent to the OEPC for recording and filing. (c) If the Regional Environmental Officer determines that the review involves policy matters of Secretarial significance, they shall not sign and transmit the comments as provided in subparagraph (b) above, but shall forward the review to the OEPC in headquarters for final disposition. C. Referrals of Environmentally Unsatisfactory Proposals to the Council on Environmental Quality: (1) Referral to CEQ is a formal process provided for in the CEQ Regulations (40 CFR 1504). It is used sparingly and only when all other administrative processes have been exhausted in attempting to resolve issues between the project proponent and one or more other Federal agencies. These issues must meet certain criteria (40 CFR 1504.2), and practice has shown that these issues generally involve resource concerns of national importance to the Department. (2) A bureau or office intending to recommend referral of a proposal to CEQ must, at the earliest possible time, advise the proponent Federal agency that it considers the proposal to be a possible candidate for referral. If not expressed at an earlier time, this advice must be outlined in the Department's comments on the draft environmental impact statement. (3) CEQ referral is a high level activity that must be conducted in an extremely short time frame. A referring bureau or office has 25 days after the final environmental impact statement has been made available to the Environmental Protection Agency in which to file the referral. The referral documents must be signed by the Secretary of the Interior. (4) Additional review guidance may be made available as necessary through the ERMs to efficiently manage this activity. Bureau reviewers should consult with the OEPC for the most current review guidance. Department of the Interior Departmental Manual Effective Date: Series: Environmental Quality Part 516: National Environmental Policy Act of 1969 Chapter 8: Managing the NEPA Process—Fish and Wildlife Service Originating Office: Office of Environmental Policy and Compliance 516 DM 8 8.1 Purpose This Chapter provides supplementary requirements for implementing provisions of 516 DM 1 through 6 within the Department's Fish and Wildlife Service. This Chapter is referenced in 516 DM 6.5. 8.2 NEPA Responsibility A. The Director is responsible for NEPA compliance for Fish and Wildlife Service (Service) activities, including approving recommendations to the Assistant Secretary (FW) for proposed referrals to the Council on Environmental Quality (CEQ) of other agency actions under 40 CFR 1504. B. Each Assistant Director (Refuges and Wildlife, Fisheries, International Affairs, External Affairs, and Ecological Services) is responsible for general guidance and compliance in their respective areas of responsibility. C. The Assistant Director for Ecological Services has been delegated oversight responsibility for Service NEPA compliance. D. The Division of Habitat Conservation (DHC—Washington), which reports to the Assistant Director for Ecological Services, is responsible for internal control of the environmental review and analysis of documents prepared by other agencies and environmental statements prepared by the various Service Divisions. This office is also responsible for preparing Service NEPA procedures, guidelines, and instructions, and for supplying technical assistance and specialized training in NEPA compliance, in cooperation with the Service Office of Training and Education, to Service entities. The Washington Office Environmental Coordinator, who reports to DHC, provides staff assistance on NEPA matters to the Director, Assistant Directors, and their divisions and offices, and serves as the Service NEPA liaison to the CEQ, the Department's Office of Environmental Policy and Compliance (OEPC), and NEPA liaisons in other Federal agencies, in accordance with 516 DM 6.2. E. Each Regional Director is responsible for NEPA compliance in his/her area of responsibility. The Regional Director should ensure that Service decisionmakers in his/her area of responsibility contact affected Federal agencies and State, Tribal and local governments when initiating an action subject to an EA or EIS. An individual in each Regional Office, named by title and reporting to the Assistant Regional Director for Ecological Services, other appropriate Assistant Regional Director, or the Regional Director, will have NEPA coordination duties with all program areas at the Regional level similar to those of the Washington Office Environmental Coordinator, in accordance with 516 DM 6.2. 8.3 General Service Guidance Service guidance on internal NEPA matters is found in 30 AM 2-3 (organizational structure and internal NEPA compliance), 550 FW1-3 (in preparation), 550 FW 3 (documenting and implementing Service decisions on Service actions), and 550 FW 1-2 (replacement to 30 AM 2-3 in preparation). These guidance documents encourage Service participation as a cooperating agency with other Federal agencies, encourage early coordination with other agencies and the public to resolve issues in a timely manner, and provide techniques for streamlining the NEPA process and integrating the NEPA process with other Service programs, environmental laws, and executive orders. Some Service programs have additional NEPA compliance information related to specific program planning and decisionmaking activities. Service program guidance on NEPA matters must be consistent with the Service Manual on NEPA guidance and Departmental NEPA procedures. For example, additional NEPA guidance is found in the Federal Aid Handbook (521-523 FW), refuge planning guidance (602 FW 1-3), Handbook for Habitat Conservation Planning and Incidental Take Processing, and North American Wetlands Conservation Act Grant Application Instructions. 8.4 Guidance to Applicants A. Service Permits. The Service has responsibility for issuing permits to Federal and State agencies and private parties for actions which would involve certain wildlife species and/or use of Service-administered lands. When applicable, the Service may require permit applicants to provide additional information on the proposal and on its environmental effects as may be necessary to satisfy the Service's requirements to comply with NEPA, other Federal laws, and executive orders. (1) Permits for the Taking, Possession, Transportation, Sale, Purchase, Barter, Exportation, or Importation of Certain Wildlife Species. The Code of Federal Regulations, Part 13, Title 50 (50 CFR 13) contains regulations for General Permit Procedures. Section 13.3 lists types of permits and the pertinent Parts of 50 CFR. These include: Importation, Exportation, and Transportation of Wildlife (Part 14); Exotic Wild Bird Conservation (Part 15); Injurious Wildlife (Part 16); Endangered and Threatened Wildlife and Plants (Part 17); Marine Mammals (Part 18); Migratory Bird Hunting (Part 20); Migratory Bird Permits (Part 21); Eagle Permits (Part 22); Endangered Species Convention (Part 23); and Importation and Exportation of Plants (Part 24). Potential permit applicants should request information from the appropriate Regional Director, or the Office of Management Authority, U.S. Fish and Wildlife Service, Department of the Interior, Washington, DC 20240, as outlined in the applicable regulation. (2) Federal Lands Managed by the Service. Service lands are administered under the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee), the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4), and the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 410hh-3233, 43 U.S.C. 1602-1784). Inherent in these acts is the requirement that only those uses that are compatible with the purposes of the refuge system unit may be allowed on Service lands. The Service also complies with Executive Order 12996, signed March 25, 1996, entitled “Management and General Public Use of the National Wildlife Refuge System.” This Executive Order identifies general public uses that will be given priority consideration in refuge planning and management, subject to meeting the compatibility requirement and if adequate funding is available to administer the use. Detailed procedures regarding comprehensive management planning and integration with NEPA are found in the Service Manual (602 FW 1-3). Reference to this and other National Wildlife Refuge System requirements are found in the Code of Federal Regulations, Title 50 parts 25-29, 31-36, 60, and 70-71. Under these regulations, these protections are extended to all Service-administered lands, including the National Fish Hatchery System. B. Federal Assistance to States, Local or Private Entities. (1) Federal Assistance Programs. The Service administers financial assistance (grants and/or cooperative agreements) to State, local, and private entities under the Anadromous Fish Conservation Act (CFDA #15.600); North American Wetlands Conservation Act; Fish and Wildlife Act of 1956; Migratory Bird Conservation Act; Food Security Act of 1985; Food, Agriculture, Conservation and Trade Act of 1990; Partnerships for Wildlife Act of 1992; and Consolidated Farm and Rural Development Act. The Service administers financial assistance to States under the Sport Fish Restoration Act (CFDA #15.605), Wildlife Restoration Act (CFDA #15.611), Endangered Species Act (CFDA #15.612 and 15.615), Coastal Wetlands Planning Protection and Restoration Act (CFDA #15.614), and Clean Vessel Act of 1992 (CFDA #15.616). (2) Program Information and NEPA Compliance. Information on how State, local, and private entities may request funds and assist the Service in NEPA compliance relative to the Anadromous Fish Conservation Act may be obtained through the Division of Fish and Wildlife Management Assistance, U.S. Fish and Wildlife Service, Department of the Interior, Arlington Square Building, Room 840, Washington, D.C. 20240. Similar information regarding the North American Wetlands Conservation Act may be obtained through the North American Waterfowl and Wetlands Office. U.S. Fish and Wildlife Service, Department of the Interior, Arlington Square Building, Room 110, Washington, D.C. 20240. All other requests for information on how funds may be obtained and guidance on how to assist the Service in NEPA compliance may be obtained through the Chief, Division of Federal Aid, U.S. Fish and Wildlife Service, Department of the Interior, Arlington Square Building, Room 140, Washington, D.C. 20240. 8.5 Categorical Exclusions Categorical exclusions are classes of actions which do not individually or cumulatively have a significant effect on the human environment. Categorical exclusions are not the equivalent of statutory exemptions. If exceptions to categorical exclusions apply, under 516 DM 2, Appendix 2 of the Departmental Manual, the departmental categorical exclusions cannot be used. In addition to the actions listed in the departmental categorical exclusions outlined in Appendix 1 of 516 DM 2, the following Service actions are designated categorical exclusions unless the action is an exception to the categorical exclusion. A. General. (1) Changes or amendments to an approved action when such changes have no or minor potential environmental impact. (2) Personnel training, environmental interpretation, public safety efforts, and other educational activities, which do not involve new construction or major additions to existing facilities. (3) The issuance and modification of procedures, including manuals, orders, guidelines, and field instructions, when the impacts are limited to administrative effects. (4) The acquisition of real property obtained either through discretionary acts or when acquired by law, whether by way of condemnation, donation, escheat, right-of-entry, escrow, exchange, lapses, purchase, or transfer and that will be under the jurisdiction or control of the United States. Such acquisition of real property shall be in accordance with 602 DM 2 and the Service's procedures, when the acquisition is from a willing seller, continuance of or minor modification to the existing land use is planned, and the acquisition planning process has been performed in coordination with the affected public. B. Resource Management. Prior to carrying out these actions, the Service should coordinate with affected Federal agencies and State, Tribal, and local governments. (1) Research, inventory, and information collection activities directly related to the conservation of fish and wildlife resources which involve negligible animal mortality or habitat destruction, no introduction of contaminants, or no introduction of organisms not indigenous to the affected ecosystem. (2) The operation, maintenance, and management of existing facilities and routine recurring management activities and improvements, including renovations and replacements which result in no or only minor changes in the use, and have no or negligible environmental effects on-site or in the vicinity of the site. (3) The construction of new, or the addition of, small structures or improvements, including structures and improvements for the restoration of wetland, riparian, instream, or native habitats, which result in no or only minor changes in the use of the affected local area. The following are examples of activities that may be included. (a) The installation of fences. (b) The construction of small water control structures. (c) The planting of seeds or seedlings and other minor revegetation actions. (d) The construction of small berms or dikes. (e) The development of limited access for routine maintenance and management purposes. (4) The use of prescribed burning for habitat improvement purposes, when conducted in accordance with local and State ordinances and laws. (5) Fire management activities, including prevention and restoration measures, when conducted in accordance with departmental and Service procedures. (6) The reintroduction or supplementation ( e.g. , stocking) of native, formerly native, or established species into suitable habitat within their historic or established range, where no or negligible environmental disturbances are anticipated. (7) Minor changes in the amounts or types of public use on Service or State-managed lands, in accordance with existing regulations, management plans, and procedures. (8) Consultation and technical assistance activities directly related to the conservation of fish and wildlife resources. (9) Minor changes in existing master plans, comprehensive conservation plans, or operations, when no or minor effects are anticipated. Examples could include minor changes in the type and location of compatible public use activities and land management practices. (10) The issuance of new or revised site, unit, or activity-specific management plans for public use, land use, or other management activities when only minor changes are planned. Examples could include an amended public use plan or fire management plan. (11) Natural resource damage assessment restoration plans, prepared under sections 107, 111, and 122(j) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA); section 311(f)(4) of the Clean Water Act; and the Oil Pollution Act; when only minor or negligible change in the use of the affected areas is planned. C. Permit and Regulatory Functions. (1) The issuance, denial, suspension, and revocation of permits for activities involving fish, wildlife, or plants regulated under 50 CFR Chapter 1, Subsection B, when such permits cause no or negligible environmental disturbance. These permits involve endangered and threatened species, species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), marine mammals, exotic birds, migratory birds, eagles, and injurious wildlife. (2) The issuance of ESA section 10(a)(1)(B) “low-effect” incidental take permits that, individually or cumulatively, have a minor or negligible effect on the species covered in the habitat conservation plan. (3) The issuance of special regulations for public use of Service-managed land, which maintain essentially the permitted level of use and do not continue a level of use that has resulted in adverse environmental effects. (4) The issuance or reissuance of permits for limited additional use of an existing right-of-way for underground or above ground power, telephone, or pipelines, where no new structures ( i.e. , facilities) or major improvement to those facilities are required; and for permitting a new right-of-way, where no or negligible environmental disturbances are anticipated. (5) The issuance or reissuance of special use permits for the administration of specialized uses, including agricultural uses, or other economic uses for management purposes, when such uses are compatible, contribute to the purposes of the refuge system unit, and result in no or negligible environmental effects. (6) The denial of special use permit applications, either initially or when permits are reviewed for renewal, when the proposed action is determined not compatible with the purposes of the refuge system unit. (7) Activities directly related to the enforcement of fish and wildlife laws, not included in 516 DM 2, Appendix 1.4. These activities include: (a) Assessment of civil penalties. (b) Forfeiture of property seized or subject to forfeiture. (c) The issuance or reissuance of rules, procedures, standards, and permits for the designation of ports, inspection, clearance, marking, and license requirements pertaining to wildlife and wildlife products, and for the humane and healthful transportation of wildlife. (8) Actions where the Service has concurrence or coapproval with another agency and the action is a categorical exclusion for that agency. This would normally involve one Federal action or connected actions where the Service is a cooperating agency. D. Recovery Plans. Issuance of recovery plans under section 4(f) of the ESA. E. Financial Assistance. (1) State, local, or private financial assistance (grants and/or cooperative agreements), including State planning grants and private land restorations, where the environmental effects are minor or negligible. (2) Grants for categorically excluded actions in paragraphs A, B, and C, above; and categorically excluded actions in Appendix 1 of 516 DM 2. 8.6 Actions Normally Requiring an EA A. Proposals to establish most new refuges and fish hatcheries; and most additions and rehabilitations to existing installations. B. Any habitat conservation plan that does not meet the definition of “low-effect” in the Section 10(a)(1)(B) Handbook. C. If, for any of the above proposals, the EA determines that the proposal is a major Federal action significantly affecting the quality of the human environment, an EIS will be prepared. The determination to prepare an EIS will be made by a notice of intent in the Federal Register and by other appropriate means to notify the affected public. 8.7 Major Actions Normally Requiring an EIS A. The following Service proposals, when determined to be a major Federal action significantly affecting the quality of the human environment, will normally require the preparation of an EIS. (1) Major proposals establishing new refuge system units, fish hatcheries, or major additions to existing installations, which involve substantive conflicts over existing State and local land use, significant controversy over the environmental effects of the proposal, or the remediation of major on-site sources of contamination. (2) Master or comprehensive conservation plans for major new installations, or for established installations, where major new developments or substantial changes in management practices are proposed. B. If, for any of the above proposals it is initially determined that the proposal is not a major Federal action significantly affecting the quality of the human environment, an EA will be prepared and handled in accordance with 40 CFR 1501.4(e)(2). If the EA subsequently indicates the proposed action will cause significant impacts, an EIS will be prepared. Department of the Interior Departmental Manual Effective Date: Series: Environmental Quality Part 516: National Environmental Policy Act of 1969 Chapter 9: Managing the NEPA Process—Geological Survey Originating Office: Office of Environmental Policy and Compliance 516 DM 9 9.1 Purpose This Chapter provides supplementary requirements for implementing provisions of 516 DM 1 through 6 within the Department's Geological Survey. This Chapter is referenced in 516 DM 6.5. 9.2 NEPA Responsibility A. The Director of the U.S. Geological Survey (USGS) is responsible for National Environmental Policy Act (NEPA) compliance for USGS activities. B. The Assistant Director for Engineering Geology produces policy guidance, direction and oversight for environmental activities including implementation of NEPA, and approves Environmental Impact Statements (EIS) prepared by the USGS. The Assistant Director is also responsible for approving USGS reviews of environmental documents, regulations or rules proposed by other agencies. C. The Chief, Environmental Affairs Progam (Reston, VA), is the focal point for NEPA matters and develops NEPA-related policy and guidance for the USGS. The Chief is responsible for: assuring the quality control of USGS environmental documents; monitoring USGS-wide activities to ensure NEPA compliance, reviewing and commenting on other bureaus' and agencies' environmental documents; managing the assignment of USGS personnel to assist other agencies in developing EISs; and assisting in the performance of specialized studies to support environmental analyses. Information about USGS environmental documents or the NEPA process can be obtained by contacting the Environmental Affairs Program. D. The Chiefs of the Divisions or Independent Offices are responsible within their respective organizations for ensuring compliance with NEPA and applicable consultation requirements. 9.3 Guidance to Applicants Because the USGS does not have any regulatory responsibilities in this area, the USGS has no applicable programs requiring guidance to applicants. 9.4 Actions Normally Requiring an EIS or Environmental Assessment (EA) A. Approval of construction of major new USGS research centers or test facilities normally will require the preparation of an EIS. B. An EA will be prepared to aid in deciding whether a finding of no significant impact is appropriate, or whether an EIS is required prior to implementing any action. The EA will be prepared in accordance with guidance provided in 516 DM 3.1. Specifically, an EA is required for all actions which are: (a) Not categorically excluded; (b) listed as exceptions to the Departmental categorical exclusions in 516 DM 2 Appendix 2; (c) not being addressed by an EIS. 9.5 Categorical Exclusions In addition to the actions listed in the Departmental categorical exclusions specified in Appendix 1 of 516 DM 2, many of which the USGS also performs, the following USGS actions are designated categorical exclusions unless the action qualifies as an exemption from the Department's categorical exclusions under Appendix 2 of 516 DM 2. The exclusions shall apply to internal program initiatives performed in the United States and its Trust Territories and Possessions. including Federal lands and the Outer Continental Shelf (OCS). A. Topographic, land use and land cover, geological, mineralogic, resources evaluation, and hydrologic mapping activities, including aerial topographic surveying, photography, and geophysical surveying. B. Collation of data and samples for geologic, paleontologic, hydrologic, mineralogic, geochemical and surface or subsurface geophysical investigations, and resource evaluation, including contracts therefor. C. Acquisition of existing geological, hydrological or geophysical data from private exploration ventures. D. Well logging, aquifer response testing, digital modeling, inventory of existing wells and water supplies, water-sample collection. E. Operation, construction and installation of: (a) Water-level or waterquality recording devices in wells; (b) pumps in wells; (c) surface-water flow measuring equipment such as weirs and stream-gaging stations, and (d) telemetry systems, including contracts therefor. F. Routine exploratory or observation groundwater well drilling operations which do not require a special access road, and which use portable tanks to recycle and remove drilling mud, and create no significant surface disturbance. G. Test or exploration drilling and downhole testing, including contracts therefor. H. Establishment of survey marks, placement and operation of field instruments, and installation of any research/monitoring devices. I. Digging of exploratory trenches requiring less than 20 cubic yards of excavation. J. Establishment of seasonal and temporary field camps. K. Off-road travel to drilling, data collection or observation sites which does not impact ecologically sensitive areas such as wilderness areas, wetlands, or areas of critical habitat for listed endangered or threatened species. L. Hydraulic fracturing of rock formations for the singular purpose of in situ stress measurements. M. Reports to Surface Management Agencies, or any State, Territorial, Commonwealth or Federal Agencies concerning mineral and water resources appraisals. N. Other actions where USGS has concurrence or coapproval with another Department of the Interior bureau and the action is a categorical exclusion for that bureau. O. Minor, routine, or preventive maintenance activities at USGS facilities and lands, and geological, hydrological, or geophysical data collection stations. P. Minor activities required to gain or prepare access to sites selected for completion of exploration drilling operations or construction of stations for hydrologic, geologic, or geophysical data collection. Department of the Interior Departmental Manual Effective Date: Series: Environmental Quality Part 516: National Environmental Policy Act of 1969 Chapter 10: Managing the NEPA Process—Bureau of Indian Affairs Originating Office: Office of Environmental Policy and Compliance 516 DM 10 10.1 Purpose This Chapter provides supplementary requirements for implementing provisions of 516 DM 1 through 6 within the Department's Bureau of Indian Affairs. This Chapter is referenced in 516 DM 6.5. 10.2 NEPA Responsibility A. Deputy Commissioner of Indian Affairs is responsible for NEPA compliance of Bureau of Indian Affairs (BIA) activities and programs. B. Director, Office of Trust Responsibilities (OTR) is responsible for oversight of the BIA program for achieving compliance with NEPA, program direction, and leadership for BIA environmental policy, coordination and procedures. C. Environmental Services Staff, reports to the Director (OTR). This office is the Bureau-wide focal point for overall NEPA policy and guidance and is responsible for advising and assisting Area Offices, Agency Superintendents, and other field support personnel in their environmental activities. The office also provides training and acts as the Central Office's liaison with Indian tribal governments on NEPA and other environmental compliance matters. Information about BIA NEPA documents or the NEPA process can be obtained by contacting the Environmental Services Staff. D. Other Central Office Directors and Division Chiefs are responsible for ensuring that the programs and activities within their jurisdiction comply with NEPA. E. Area Directors and Project Officers are responsible for assuring NEPA compliance with all activities under their jurisdiction and providing advice and assistance to Agency Superintendents and consulting with the Indian tribes on environmental matters related to NEPA. Area Directors and Project Officers are also responsible for assigning sufficient trained staff to ensure NEPA compliance is carried out. An Environmental Coordinator is located at each Area Office. F. Agency Superintendents and Field Unit Supervisors are responsible for NEPA compliance and enforcement at the Agency or field unit level. 10.3 Guidance to Applicants and Tribal Governments A. Relationship with Applicants and Tribal Governments. (1) Guidance to Applicants. (a) An “applicant” is an entity which proposes to undertake any activity which will at some point require BIA action. These may include tribal governments, private entities, state and local governments or other Federal agencies. BIA compliance with NEPA is Congressionally mandated. Compliance is initiated when a BIA action is necessary in order to implement a proposal. (b) Applicants should contact the BIA official at the appropriate level for assistance. This will be the Agency Superintendent, Area Director or the Director, Office of Trust Responsibilities. (c) If the applicant's proposed action will affect or involve more than one tribal government, one government agency, one BIA Agency, or where the action may be of State-wide or regional significance, the applicant should contact the respective Area Director(s). The Area Director(s), using sole discretion, may assign the lead NEPA compliance responsibilities to one Area Office or, as appropriate, to one Agency Superintendent. From that point, the Applicant will deal with the designated lead office. (d) Since much of the applicant's planning may take place outside the BIA system, it is the applicant's responsibility to prepare a milestone chart for BIA use at the earliest possible stage in order to coordinate the efforts of both parties. Early communication with the responsible BIA office will expedite determination of the appropriate type of NEPA documentation required. Other matters such as the scope, depth and sources of data for an environmental document will also be expedited and will help lead to a more efficient and more timely NEPA compliance process. (2) Guidance to Tribal Governments. (a) Tribal governments may be applicants, and/or be affected by a proposed action of BIA or another Federal agency. Tribal governments affected by a proposed action shall be consulted during the preparation of environmental documents and, at their option, may cooperate in the review or preparation of such documents. Notwithstanding the above, the BIA retains sole responsibility and discretion in all NEPA compliance matters. (b) Any proposed tribal actions that do not require BIA or other Federal approval, funding or “actions” are not subject to the NEPA process. B. Prepared Program Guidance. BIA has implemented regulations for environmental guidance for surface mining in 25 CFR Part 216 (Surface Exploration, Mining and Reclamation of Lands.) Environmental guidance for Forestry activities is found in 25 CFR 163.27 and 53 BIAM Supplements 2 and 3. C. Other Guidance. Programs under 25 CFR for which BIA has not yet issued regulations or directives for environmental information for applicants are listed below. These programs may or may not require environmental documents and could involve submission of applicant information to determine NEPA applicability. Applicants for these types of programs should contact the appropriate BIA office for information and assistance: (1) Partial payment construction charges on Indian irrigation projects (25 CFR Part 134). (2) Construction assessments, Crow Indian irrigation project (25 CFR Part 135). (3) Fort Hall Indian irrigation project, Idaho (25 CFR Part 136). (4) Reimbursement of construction costs, San Carlos Indian irrigation project, Arizona (25 CFR Part 137). (5) Reimbursement of construction costs, Ahtanum Unit, Wapato Indian irrigation project, Washington CFR Part 138). (6) Reimbursement of construction costs, Wapato-Satus Unit, Wapato Indian Irrigation project, Washington (25 CFR Part 139). (7) Land acquisitions (25 CFR Part 151). (8) Leasing and permitting (Lands) (25 CFR Part 162). (9) Sale of lumber and other forest products produced by Indian enterprises from the forests on Indian reservation (25 CFR Part 164). (10) Sale of forest products, Red Lake Indian Reservation, Minn. (25 CFR Part 165). (11) General grazing regulations (25 CFR Part 166). (12) Navajo grazing regulations (25 CFR Part 167). (13) Grazing regulations for the Hopi partitioned lands (25 CFR Part 168). (14) Rights-of-way over Indian lands (25 CFR Part 169). (15) Roads of the Bureau of Indian Affairs (25 CFR Part 170). (16) Concessions, permits and leases on lands withdrawn or acquired in connection with Indian irrigation projects (25 CFR Part 173). (17) Indian Electric Power Utilities (25 CFR Part 175). (18) Resale of lands within the badlands Air Force Gunnery Range (Pine Ridge Aerial Gunnery Range) (25 CFR Part 178). (19) Leasing of tribal lands for mining (25 CFR Part 211). (20) Leasing of allotted lands for mining (25 CFR Part 212). (21) Leasing of restricted lands of members of Five Civilized Tribes, Oklahoma, for mining (25 CFR Part 213). (22) Leasing of Osage Reservation lands, Oklahoma, for mining, except oil and gas (25 CFR Part 214). (23) Lead and zinc mining operations and leases, Quapaw Agency (25 CFR Part 215). (24) Leasing of Osage Reservation lands for oil and gas mining (25 CFR Part 226). (25) Leasing of certain lands in Wind River Indian Reservation, Wyoming, for oil and gas mining (25 CFR Part 227). (26) Indian fishing in Alaska (25 CFR Part 241). (27) Commercial fishing on Red Lake Indian Reservation (25 CFR 242). (28) Use of Columbia River in-lieu fishing sites (25 CFR Part 248). (29) Off-reservation treaty fishing (25 CFR Part 249). (30) Indian fishing—Hoopa Valley Indian Reservation (25 CFR Part 150). (31) Housing Improvement Program (25 CFR Part 256). (32) Contracts under Indian Self-Determination Act (25 CFR Part 271). (33) Grants under Indian Self-Determination Act 25 CFR Part 272). (34) School construction or services for tribally operated previously private schools (25 CFR Part 274). (35) Uniform administration requirements for grants (25 CFR 276). (36) School construction contracts for public schools (25 CFR Part 277). 10.4 Major Actions Normally Requiring an EIS A. The following BIA actions normally require the preparation of an Environmental Impact Statement (EIS): (1) Proposed mining contracts (for other than oil and gas), or the combination of a number of smaller contracts comprising a mining unit for: (a) New mines of 640 acres or more, other than surface coal mines. (b) New surface coal mines of 1,280 acres or more, or having an annual full production level of 5 million tons or more. (2) Proposed water development projects which would, for example, inundate more than 1,000 acres, or store more than 30,000 acre-feet, or irrigate more than 5,000 acres of undeveloped land. (3) Construction of a treatment, storage or disposal facility for hazardous waste or toxic substances. (4) Construction of a solid waste facility for commercial purposes. B. If, for any of these actions, it is proposed not to prepare an EIS, an Environmental Assessment (EA) will be developed in accordance with 40 CFR 1501.4(a)(2). 10.5 Categorical Exclusions In addition to the actions listed in the Department's categorical exclusions in Appendix 1 of 516 DM 2, many of which the BIA also performs, the following BIA actions are hereby designated as categorical exclusions unless the action qualifies as an exception under Appendix 2 of 516 DM 2. These activities are single, independent actions not associated with a larger, existing or proposed, complex or facility. If cases occur that involve larger complexes or facilities, an EA or supplement should be accomplished. A. Operation, maintenance, and replacement of existing facilities. Examples are normal renovation of buildings, road maintenance and limited rehabilitation of irrigation structures. B. Transfer of Existing Federal Facilities to Other Entities. Transfer of existing operation and maintenance activities of Federal facilities to tribal groups, water user organizations, or other entities where the anticipated operation and maintenance activities are agreed to in a contract, follow BIA policy, and no change in operations or maintenance is anticipated. C. Human resources programs. Examples are social services, education services, employment assistance, tribal operations, law enforcement and credit and financing activities not related to development. D. Administrative actions and other activities relating to trust resources. Examples are: Management of trust funds (collection and distribution), budget, finance, estate planning, wills and appraisals. E. Self-Determination and Self-Governance. (1) Self-Determination Act contracts and grants for BIA programs listed as categorical exclusions, or for programs in which environmental impacts are adequately addressed in earlier NEPA analysis. (2) Self-Governance compacts for BIA programs which are listed as categorical exclusions or for programs in which environmental impacts are adequately addressed in earlier NEPA analysis. F. Rights-of-Way. (1) Rights-of-Way inside another right-of-way, or amendments to rights-of-way where no deviations from or additions to the original right-of-way are involved and where there is an existing NEPA analysis covering the same or similar impacts in the right-of-way area. (2) Service line agreements to an individual residence, building or well from an existing facility where installation will involve no clearance of vegetation from the right-of-way other than for placement of poles, signs (including highway signs), or buried power/cable lines. (3) Renewals, assignments and conversions of existing rights-of-way where there would be essentially no change in use and continuation would not lead to environmental degradation. G. Minerals. (1) Approval of permits for geologic mapping, inventory, reconnaissance and surface sample collecting. (2) Approval of unitization agreements, pooling or communitization agreements. (3) Approval of mineral lease adjustments and transfers, including assignments and subleases. (4) Approval of royalty determinations such as royalty rate adjustments of an existing lease or contract agreement. H. Forestry. (1) Approval of free-use cutting, without permit, to Indian owners for on-reservation personal use of forest products, not to exceed 2,500 feet board measure when cutting will not adversely affect associated resources such as riparian zones, areas of special significance, etc. (2) Approval and issuance of cutting permits for forest products not to exceed $5,000 in value. (3) Approval and issuance of paid timber cutting permits or contracts for products valued at less than $25,000 when in compliance with policies and guidelines established by a current management plan addressed in earlier NEPA analysis. (4) Approval of annual logging plans when in compliance with policies and guidelines established by a current management plan addressed in earlier NEPA analysis. (5) Approval of Fire Management Planning Analysis detailing emergency fire suppression activities. (6) Approval of emergency forest and range rehabilitation plans when limited to environmental stabilization on less than 10,000 acres and not including approval of salvage sales of damaged timber. (7) Approval of forest stand improvement projects of less than 2000 acres when in compliance with policies and guidelines established by a current management plan addressed in earlier NEPA analysis. (8) Approval of timber management access skid trail and logging road construction when consistent with policies and guidelines established by a current management plan addressed in earlier NEPA analysis. (9) Approval of prescribed burning plans of less than 2000 acres when in compliance with policies and guidelines established by a current management plan addressed in earlier NEPA analysis. (10) Approval of forestation projects with native species and associated protection and site preparation activities on less than 2000 acres when consistent with policies and guidelines established by a current management plan addressed in earlier NEPA analysis. I. Land Conveyance and Other Transfers. Approvals or grants of conveyances and other transfers of interests i [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A00-21245. Public record. Not legal advice.