Environmental Considerations in Decisionmaking and Compliance With the National Environmental Policy Act

GENERAL SERVICES ADMINISTRATION

Environmental Considerations in Decisionmaking and Compliance

With the National Environmental Policy Act

SUMMARY: The General Services Administration (GSA) has rewritten its

Orders establishing policy and assigning responsibilities for

implementing the National Environmental Policy Act (NEPA), its

implementing regulations, related laws, executive orders, and

regulations in the decisionmaking process of the GSA GSA. Order ADM

1095.1E, ``Environmental Preparation of Environmental Assessments and

Environmental Impact Statements,'' July 24, 1985, have been revised and

are to be reissued as GSA Order ADM 1095.1F and GSA PBS 1095.4C. Few

changes were made to GSA Order ADM 1095.1E. Revisions to this document

are mainly in the Responsibility section. Substantial changes were made

to PBS P 1095.4B. The revision, PBS 1095.4C, was reduced to an overview

of GSA's NEPA procedural requirements. The instructional step-by-step

portion of the document has been removed and expanded into a new

comprehensive PBS NEPA Desk Guide. The PBS NEPA Desk Guide, used in

conjunction with PBS 1095.4C, is intended to provide an increased level

of NEPA guidance to GSA.

WRITTEN COMMENTS/FURTHER INFORMATION: As part of the public review

process required prior to the implementation of new orders by Title 40

CFR 1507.3, ``Agency Procedures'', GSA solicits your written comments

on the revised orders at the following address: Colin Wagner, NEPA

Liaison, GSA, PBS, PXSC, room 2312, 1800 F Street, Washington, DC

20007. Written comments should be received no later than July 27, 1998.

Requests for the PBS NEPA Desk Guide and/or further information may

also be forwarded to this address. Both the Orders and the accompanying

PBS NEPA Desk Guide can be found and downloaded from the GSA NEPA CALL-

IN web site at www.gsa.gov/pbs/pt/call-in/nepa.htm.

MAILING LIST: If you wish to be placed on the project mailing list to

receive the final Orders and Desk Guide, contact Colin Wagner at the

address noted above.

Dated: June 11, 1998.

Wm. Colin Wagner,

GSA NEPA Liaison.

ADM 1095.1F

GSA ORDER

SUBJECT: Environmental considerations in decisionmaking

1. Purpose. This order establishes policy and assigns

responsibility for implementing the National Environmental Policy

Act (NEPA), its implementing regulations, and related laws,

executive orders, and regulations in the decisionmaking processes of

the General Services Administration (GSA).

2. Cancellation. ADM 1095.1E, dated December 8, 1995, is

canceled.

3. Background. The National Environmental Policy Act (NEPA) and

the Government wide implementing regulations of the Council on

Environmental Quality (40 CFR 1500-1508, hereinafter, the CEQ

regulations) require that each Federal agency consider the impact of

its actions on the human environment, and prescribes procedures to

be followed in doing so. Other laws, executive orders, and

regulations provide related direction. Each Federal agency is

required to implement internal procedures to ensure that the

requirements of NEPA are met. Existing orders are out of date and do

not provide for current requirements.

4. Nature of revision. This revision reflects a thorough

internal review of GSA's systems for implementing NEPA. It replaces

an interim order, ADM 1095.1E, which was adopted to govern GSA's

compliance with NEPA while this review took place. This revised

order is issued in coordination with

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PBS 1095.4C and an explanatory desk guide to NEPA review, which

together provide GSA with an efficient, up-to-date NEPA compliance

system that is consistent with principles of accountability,

flexibility, and environmental responsibility.

5. Policy: In all its decisionmaking, GSA will attend carefully

to the National Environmental Policy set forth in Section 101 of

NEPA. To the maximum extent practicable, GSA will ensure that its

actions protect and where possible improve the quality of the human

environment, including the built and sociocultural environments of

the nation's urban areas. GSA decisionmakers will use the NEPA

review process prescribed in the CEQ regulations as a practical

planning tool, and integrate both the NEPA review process and the

Section 101 National Environmental Policy into decisionmaking in an

efficient, cost-effective manner. The NEPA review process will be

initiated at the earliest possible stage in planning any GSA action,

and will be carried forward in coordination with other planning

activities. Decisionmakers will ensure that they have reviewed and

fully understand the environmental impacts of each decision, before

making any such decision. All managers responsible for

decisionmaking on GSA actions will be accountable for being

knowledgeable about, and attendant to, the requirements of NEPA and

the National Environmental Policy that these requirements are

designed to advance.

6. Responsibilities.

6.a. Commissioner, Public Buildings Service (PBS). The

Commissioner acts for the Administrator, GSA, on matters relating to

NEPA implementation, and oversees implementation of this order. PBS

orders and related direction governs GSA compliance with NEPA and

related legal authorities.

6.b. Assistant Commissioner, Office of Business Performance

(PX).

6.b.(1) Is the principal GSA advisor on NEPA-related

requirements, including but not limited to compliance with NEPA and

the coordination of NEPA compliance with the requirements of the

laws and regulations listed in Appendix 1 of the NEPA Desk Guide.

6.b.(2) Provides expert advise on NEPA-related matters to GSA

Heads of Services, Business Lines, and Regional Administrators.

6.b.(3) Provides intra-agency and interagency liaison and

coordination on NEPA-related matters on a national basis.

6.b.(4) Provides and periodically updates GSA program guidance,

after consultation with the General Counsel, Heads of Services,

Business Lines, and Regional Administrators.

6.b.(5) Provides education and training within GSA pertinent to

implementation of NEPA and related authorities.

6.b.(6) Coordinates with the Office of Business Performance's

(PX) Environmental Executive regarding areas of shared or related

responsibility, in maintaining a record of GSA's environmental

activities, and in advancing the national environmental policy

articulated in NEPA and other statutes and executive orders.

6.b.(7) Serves as GSA representative in coordination with

outside groups at the national level regarding NEPA-related matters.

6.c. Regional Administrators.

6.c.(1) Are accountable for execution of GSA's responsibilities

under NEPA and related authorities with respect to actions under

their jurisdiction.

6.c.(2) Serve as the responsible agency official under CEQ

regulations with respect to the environmental effects of actions

under their jurisdiction.

6.c.(3) Maintain NEPA Regional Environmental Quality Advisors

(REQA) within their staffs, augmented as necessary through

interagency agreements and contracts, to ensure regional

interdisciplinary competence in environmental matters. To promote

nationwide consistency, the REQA should reside in Portfolio

Management (PT), although each business line should maintain its own

environmental expertise for project development and execution.

6.c.(4) In consultation with PT, ensure that all regional staff

with responsibility for planning, approving, and implementing

construction, repair, alteration, site and facility acquisition,

real property management, maintenance, and real property disposal

receive appropriate training in how to carry out GSA's

responsibilities under NEPA and related authorities.

6.d. GSA Environmental Executive.

6.d.(1) Serves as GSA's Environmental Executive under Executive

Order 12873.

6.d.(2) Coordinates with PT Liaison to ensure agency-wide

consistency in areas of shared or related responsibility, and in

advancing the national environmental policy articulated in NEPA and

other statutes and executive orders.

6.e. Heads of Services and Business Lines.

6.e.(1) Serve as the responsible agency officials under CEQ

regulations for actions subject to their approval.

6.e.(2) Ensure accountability for implementation of the policy

set forth in this order.

6.e.(3) In consultation with PT, ensure that staff responsible

for supporting the functions of the responsible agency official

under CEQ and related authorities receive appropriate training in

how to carry out GSA's responsibilities.

6.f. The Office of General Counsel.

6.f.(1) Is responsible for legal interpretation of NEPA and

related authorities, and represents GSA in litigation under such

authorities.

6.f.(2) Advises PT during the development and delivery of

guidance and training.

7. Administrative Guidance.

7.a. Central Office, Office of Business Performance (PX) is the

Agency center of expertise for NEPA and, as such, has overall

program responsibility for establishing procedures, training, and

professional standards, and for maintaining interagency

administrative responsibilities and relationships. These functions

will be carried out at the working level by a professional NEPA

Liaison staff.

7.b. Heads of Services and Business Lines will assist and

cooperate with PT in the development and delivery of training, as

well as procedural and program guidance, and act as coordinators for

program needs of the Services and Business lines on a national

basis.

7.c. Regional Business Lines have responsibility for ensuring

that NEPA compliance responsibilities are satisfied, and the policy

articulated in paragraph 5 of this order is followed, with respect

to their programs and projects. In consultation with the REQA, the

Business Lines will utilize interdisciplinary professional expertise

in their implementation of NEPA responsibilities.

8. Implementation of NEPA and related authorities.

8.a. In accordance with applicable regulations and standards,

and with program guidance provided by PT, the responsible agency

official shall:

8.a.(1) Ensure that the applicable requirements of NEPA and

related authorities are met in a timely manner during planning for

any GSA action, in a manner consistent with the policy articulated

in paragraph 5 of this order.

8.a.(2) Ensure that mitigation measures established through

review of actions under NEPA and related authorities are carried out

as part of implementing the actions.

8.a.(3) Ensure that the means by which GSA has met its

responsibilities, and the costs involved in doing so, are fully

documented.

8.b. The procedures set forth in PBS Order P 1095.4C shall be

followed in implementing NEPA and related authorities.

9. Effective Date. Every effort shall be made to implement the

provisions of this order immediately.

Administrator

PBS 1095.4C

COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT

1. Purpose. This order provides direction for carrying out the

procedural requirements of the National Environmental Policy Act

(NEPA) and related legal authorities, in furtherance of the policy

and direction provided in ADM 1095.1F.

2. Background. NEPA establishes as policy that the Federal

government will: ``use all practicable means, consistent with other

essential considerations of national policy, to improve and

coordinate Federal plans, functions, programs, and resources to the

end that the Nation may:

(1) Fulfill the responsibilities of each generation as trustee

of the environment for succeeding generations;

(2) Assure for all Americans safe, healthful, productive, and

esthetically and culturally pleasing surroundings;

(3) Attain the widest range of beneficial uses of the

environment without degradation, risk to health or safety, or other

undesirable and unintended consequences;

(4) Preserve important historic, cultural, and natural aspects

of our national heritage, and maintain, wherever possible, an

environment which supports diversity, and variety of individual

choice;

(5) Achieve a balance between population and resource use which

will permit high standards of living and a wide sharing of life's

amenities; and

(6) Enhance the quality of renewable resources and approach the

maximum

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attainable recycling of depletable resources.'' (42 U.S.C. 4321(a))

As an important means of carrying out this policy, NEPA requires

Federal agencies to analyze the impacts of their proposed actions

(activities, programs, projects, legislation) on the environment,

and on the relationship of people with the environment. This

analysis is to be undertaken early in planning any such action, as

an aid to deciding whether or not the action will go forward, and if

so how. Consideration must be given to practicable alternative means

of achieving the purpose and need for the proposed action, and to

the alternative of not taking any action. The analysis is to be

completed, and used to inform the decisionmaker and make the public

aware of the action's potential impacts, before the decision is made

about whether and how to proceed with the action.

Analysis of environmental impacts must:

``utilize a systematic, interdisciplinary approach which will

insure the integrated use of the natural and social sciences and the

environmental design arts in planning and in decisionmaking which

may have an impact on man's environment'' (42 U.S.C. 4322(2)(A))

NEPA also requires that, to the fullest extent possible,

analyses and consultations required by other environmental laws be

coordinated with those required under NEPA, to reduce redundancy,

paperwork, time, and cost.

Requirements for compliance with the procedural provisions of

NEPA are set forth in regulations issued by the Council on

Environmental Quality (40 CFR 1500-11508, hereinafter the CEQ

regulations). ADM 1095.1.F contains GSA's general policy regarding

NEPA implementation, and assigns responsibilities to the

Administrator, the Regional Administrators, Heads of Services and

Business Lines, the Commissioner, Public Buildings Service (PBS),

and the Office of Business Performance (PX) in PBS. This order

provides further detail regarding the conduct of NEPA impact

analyses.

3. Responsibilities

3.a. Assistant Commissioner, Office of Business Performance (PX)

3.a.(1) Advises the Commissioner, other Heads of Services and

Business Lines, Regional Administrators, and other GSA managers and

staff regarding NEPA implementation and related matters.

3.a.(2) Maintains a professional NEPA Liaison staff to carry out

this responsibility.

3.b. NEPA Liaison

3.b.(1) Coordinates compliance with NEPA and related authorities

throughout GSA on a day-to-day basis.

3.b.(2) Provides advice and assistance to Regional Office NEPA

Regional Environmental Quality Advisor (REQA).

3.b.(3) With the cooperation of Services, Business Lines, and

Regional Offices, provides guidance, education and training, and

advice about education and training standards and opportunities to

GSA personnel who have responsibilities to which NEPA requirements

may pertain.

3.b.(4) Coordinates with the Council on Environmental Quality

(CEQ) and other national oversight bodies;

3.b.(5) Represents GSA in interagency coordination on NEPA and

related matters on a national basis.

3.b.(6) Routinely solicits and acts upon the advice of REQAs in

developing program direction and carrying out the responsibilities

of the NEPA Liaison.

3.b.(7) Promulgates, maintains, and when necessary updates a

``NEPA Desk Guide'' providing detailed direction and advice

regarding NEPA implementation.

3.c. Regional Administrators.

3.c.(1) Are the responsible officials for compliance with NEPA

on actions under their jurisdiction.

3.c.(2) Maintain a NEPA Regional Environmental Quality Advisor

(REQA) as described below.

3.c.(3) Ensure that the REQA is empowered to advise and assist

in planning and decisionmaking on actions that could affect the

human environment, in a way and at a time in the planning and

decisionmaking process that maximizes the effectiveness of the

REQA's advice and assistance.

3.c.(4) Ensure that all Regional program staff involved in

planning and decisionmaking about actions that could affect the

human environment are made aware of GSA's responsibilities under

NEPA and related authorities, are acquainted with this order, ADM

1095.1F, and the NEPA Desk Guide, are held accountable for the

quality of their actions and decisions, and are required to

coordinate effectively with the REQA.

3.d. NEPA Regional Environmental Quality Advisor (REQA).

3.d.(1) Is the center of expertise maintained at the Regional

Office (RO) in which expertise in NEPA and related authorities such

as the National Historic Preservation Act and the Endangered Species

Act is maintained.

3.d.(2) Is located within PT or elsewhere in the RO

organizations where it can influence decisionmaking early in GSA's

planning or preparation for any action subject to review under NEPA

and related authorities.

3.d.(3) Is responsible for participation in GSA planning and

decisionmaking, for advising the Regional Administrator (RA),

Assistant Regional Administrator (ARA), and other decisionmakers,

and for providing training and technical assistance to all pertinent

GSA employees and contractors.

3.d.(4) Maintains interdisciplinary expertise in environmental

matters, through the employment of qualified staff and/or by

interagency agreement or under contract.

3.d.(5) Reviews all documentary products of GSA NEPA analyses,

and assists program staff in ensuring that such products, and the

analyses they report, are adequate and defensible.

3.d.(6) Maintains records of GSA NEPA compliance activities.

3.d.(7) Routinely interacts with and is assisted by, the NEPA

Liaison.

3.d.(8) Maintains an up-to-date NEPA Desk Guide and other

needed guidance material.

3.d.(9) Develops and maintains an up-to-date checklist for use

in determining whether an action requires an environmental

assessment or impact statement (the CATEX Checklist; see paragraph

4.b.(2)(a).

3.e. Program Staff.

3.e.(1) For the purposes of this order, include all GSA

employees responsible for the management and implementation of

program actions, such as project planning and development, project

management, leasing, and disposal of real property.

3.e.(2) Are responsible for:

3.e.(2)(a) With the assistance of the NEPA Liaison and REQAs,

developing and maintaining a thorough understanding of NEPA

requirements and the requirements of related authorities, and of the

policy articulated in ADM 1095.1F, as these pertain to their program

areas.

3.e.(2)(b) Ensuring that NEPA and related authorities are

complied with to the best of their abilities, as early as possible

in planning any action within their program areas.

3.e.(2)(c) Coordinating their programs, activities, and

projects with REQAs.

3.e.(2)(d) Implementing all mitigation and other commitments

resulting from NEPA compliance for actions under their authority.

4. Implementation of NEPA and related authorities.

4.a. Classification of GSA actions.

4.a.(1) All GSA actions fall into one of the following three

classes, in terms of requirements for review under NEPA: categorical

exclusions, environmental assessments, and environmental impact

statements.

4.a.(2) Program staff, in consultation with the REQA, are

responsible for classifying actions and undertaking the level of

analysis, consultation, and review appropriate to each.

4.b. Categorical Exclusions (CATEX)

4.b.(1) A categorical exclusion (CATEX) is a category of

actions which do not individually or cumulatively have a significant

effect on the human environment, except under extraordinary

circumstances (42 CFR 1508.4). Because they lack the potential for

effect, they do not require detailed analysis under NEPA.

4.b.(2) GSA recognizes two types of CATEX:

4.b.(2)(a) The Automatic CATEX: a category of action that is so

unlikely to have an effect on the environment that an action falling

into this category may be automatically assumed to require no

further review under NEPA, unless the responsible program staff

determine that an extraordinary circumstance may exist, whereupon a

CATEX Checklist must be prepared (see below). The likelihood of such

a circumstance is judged to be so low that no specific environmental

analysis is required.

4.b.(2)(b) The Checklist CATEX: a category of action that is

generally very unlikely to have a significant effect on the

environment, but that requires a cursory review to ensure that no

extraordinary circumstances exist. For an action falling into such a

category, a CATEX Checklist is completed, leading to a conclusion by

program staff, concurred in by the REQA, as to whether the action

needs further review under NEPA. The CATEX Checklist is developed

and maintained by the REQA, based on a model in the NEPA Desk Guide.

4.b.(3) Both Automatic and Checklist CATEXs are listed in

Appendix 1 and in the NEPA Desk Guide.

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4.c. Environmental Assessment (EA).

4.c.(1) An Environmental Assessment (EA) is a concise public

document prepared by or on behalf of GSA that assists GSA in

deciding whether there may be significant effects requiring a more

detailed Environmental Impact Statement is necessary, and where such

a Statement is not necessary, supports GSA's compliance with the

requirements of NEPA and related authorities.

4.c.(2) The analysis required for an EA leads either to a

Finding of No Significant Impact (FONSI) or a Notice of Intent (NOI)

to prepare an Environmental Impact Statement.

4.c.(3) Directions for preparing an EA are found in the NEPA

Desk Guide.

4.d. Environmental Impact Statement (EIS).

4.d.(1) An Environmental Impact Statement (EIS) is a detailed

analysis and report, meeting standards set forth in the CEQ

regulations, that details the environmental effects of a proposed

action and its alternatives. An EIS is prepared for any GSA action

that may have significant effects on the quality of the human

environment.

4.d.(2) Certain actions always are likely to have significant

effects on the quality of the human environment, and hence always

require an EIS. These classes of action are listed in Appendix 2.

4.d.(3) Where an action does not fall into one of the classes

listed in Appendix 2, the responsible GSA official shall ensure that

an EIS is prepared if it appears that the action is likely to have

significant effects on the quality of the human environment. An EA

may be prepared to aid in deciding whether an EIS is needed, or the

responsible official may decide to prepare an EIS without preparing

an EA.

4.d.(4) Direction for preparing, circulating, finalizing, and

using an EIS in decisionmaking are found in the NEPA Desk Guide, and

in the CEQ regulations.

4.e. Using NEPA in decisionmaking.

4.e.(1) Each Head of Service, Business Line, and Regional

Office shall establish internal systems to ensure that the

requirements of NEPA, related authorities, the CEQ regulations, ADM

1095.1F, and this order are carried out.

4.e.(2) Each such system shall ensure that:

4.e.(2)(a) Compliance with NEPA and related authorities begins

at the earliest point in planning any action, when the widest

reasonable range of alternatives is open for consideration.

4.e.(2)(b) The NEPA review process is carried out in

coordination with continued planning.

4.e.(2)(c) All personnel involved in planning actions should

view NEPA review as part of effective planning, not as a mere

documentation requirement.

4.e.(2)(d) Outside agencies, state and local governments,

Indian tribes, and the public are afforded reasonable opportunities

to participate in NEPA review, and to influence GSA decisions.

4.e.(2)(e) The results of NEPA review are fully considered by

each GSA decisionmaker before making a decision on an action subject

to such review.

4.e.(2)(f) Executives and other employees responsible for

aspects of NEPA review are held accountable for the performance of

such responsibilities, through performance reviews and other

administrative mechanisms.

5. Coordination with other authorities.

5.1. To the maximum extent feasible, NEPA review shall be

coordinated with review of proposed actions under other

environmental legal authorities, including but not limited to the

Comprehensive Environmental Response, Compensation, and Liability

Act (CERCLA), the National Historic Preservation Act (NHPA), the

Endangered Species Act (ESA), Executive Orders 11988 and 13006, and

other authorities listed in the NEPA Desk Guide.

5.2. In effecting such coordination, responsible GSA officials

will ensure that the substantive and procedural requirements of each

other authority are met, together with the requirements of NEPA. It

will be explicitly understood that compliance with NEPA does not

substitute for compliance with another authority, nor does

compliance with such other authority substitute for compliance with

NEPA.

6. Public involvement.

6.1. As part of its system for NEPA compliance, each Head of

Service, Business Line, and Regional Office shall provide for levels

and kinds of public involvement appropriate to the class of action

and its likely effects, taking into account the recommendations

regarding public involvement found in the NEPA Desk Guide.

6.2. Where a related authority provides specific procedures for

public involvement, the responsible GSA official shall ensure that

such procedures are addressed in the process of NEPA review.

6.3. Public involvement in GSA decisionmaking shall have as its

purpose the full disclosure of GSA actions and alternatives to the

public, within the constraints of GSA program authorities, and

giving the public a full opportunity to influence GSA decisions,

subject to the same constraints and the requirements of the Federal

Advisory Committees Act (FACA).

6.4. Pursuant to Executive Order 12898, special efforts will be

made to involve members of potentially affected low-income and

minority communities in NEPA review and decisionmaking. Such efforts

may include, but are not limited to, special programs of community

outreach, including cross-cultural programs, translations of

pertinent documents, and ensuring that translators are available at

public meetings.

7. Cooperating agencies.

7.1. The responsible GSA official may invite other agencies to

serve as cooperating agencies in the conduct of NEPA review on a GSA

action.

7.2. At a minimum, GSA will invite agency customers for GSA

services to participate as cooperating agencies. Other agencies with

jurisdiction by law or expertise may also be invited to serve as

cooperating agencies.

8. GSA Participation in NEPA compliance by other agencies.

8.1. GSA may participate in the NEPA process as a cooperating

agency for another lead agency's project, or as a commenter /

reviewer of another agency's NEPA document. GSA may also participate

in environmental studies carried out by non-federal parties (for

example, a local government conducting studies under a State

environmental policy law) where such studies are relevant to GSA's

interests or may be incorporated by GSA into its own studies under

NEPA. Where GSA will be responsible for a decision on a project that

is the subject of such a study, and has the authority to do so, GSA

will require that the study and its resulting documents meet the

standards set forth in the NEPA Desk Guide and related GSA

standards.

8.2. As a cooperating agency, GSA participates in the NEPA

process as requested by the lead agency, in accordance with 40 CFR

1501.6 of the CEQ regulations. Tasks may include participating in

meetings and providing specific information relevant to the matters

over which it has jurisdiction by law or expertise.

8.3. The responsible GSA official (Head of Service, Business

Line, or Regional Office) may provide comments and/or reviews of

another agency's NEPA documents, and/or other Federal and State

environmental documents. Such comments or reviews shall be provided

where the other agency so requests and the responsible official

determines that GSA has jurisdiction by law or special expertise,

and may be provided in other cases where the responsible official or

designee determines that GSA has an interest in the action covered

by the environmental document.

8.4. GSA has jurisdiction by law or expertise on the following

topics, as listed in 40 CFR Ch. V, Appendix II of the CEQ

regulations: Federal land management, Community development,

Historic, architectural, and archaeological resources.

8.5. GSA comments shall be in provided in accordance with 40 CFR

1503.3 of the CEQ regulations.

8.6. GSA comments shall be prepared in consultation with, or by,

the pertinent REQA and/or the Central Office NEPA Liaison.

9. NEPA Desk Guide.

All Heads of Service, Business Lines, and Regional Offices will

employ the NEPA Desk Guide issued and periodically updated by the

NEPA Liaison as guidance in carrying out this order and ADM 1095.1F.

Robert Peck,

Commissioner.

Appendix 1: Categorical Exclusions

1.1 PURPOSE

The stated purpose of Categorical Exclusions (CATEXs) is to

limit extensive NEPA analysis to those actions that may be major

Federal actions significantly affecting the quality of the human

environment, thus streamlining the NEPA process, saving time,

effort, and taxpayer dollars.

1.2 DEFINITION

An action is categorically excluded from the requirement to

prepare an EA or an EIS if it meets the following definition:

``Categorical exclusion'' means a category of actions which do

not individually or cumulatively have a significant effect on the

human environment and which have been

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found to have no such effect in procedures adopted by a Federal

agency [. . .] and for which, therefore, neither an Environmental

Assessment nor an Environmental Impact Statement is required. 40 CFR

1508.4

GSA has identified two types of CATEXs: (1) the ``automatic''

CATEX, that by its very nature cannot be a major Federal action

significantly affecting the quality of the human environment, and

(2) the ``checklist'' CATEX, which requires completion of an

environmental checklist to ensure no ``extraordinary circumstances''

exist indicating the need for an EA or EIS.

1.3 AUTOMATIC CATEXs

The following are automatic CATEXs, requiring no checklist.

(a) Issuance of easements, licenses, or outleases for use of

space in existing Federal office buildings, where consistent with

local planning and zoning, provided Section 106 of the NHPA is

complied with where applicable.

(b) Acquisition of space within an existing structure, either by

purchase or lease, where no change in the general type of use and

only minimal change from previous occupancy level is proposed

(previous occupant need not have been a Federal tenant).

(c) Relocation of employees into existing Federally controlled

space, that does not involve a substantial change in the number of

employees or motor vehicles.

(d) Reductions in force or other personnel, administrative, or

ministerial actions, including bargaining with employee unions and

managing routine activities normally conducted to protect or

maintain GSA-controlled properties (e.g., security and custodial

services).

(e) Lease extensions, renewals, or succeeding leases.

(f) Outlease or license of government-controlled space, or

sublease of government-leased space to a non-Federal tenant when the

use will remain substantially the same.

(g) Acquisition of land or easements that result in no immediate

change in use and where subsequent compliance with NEPA and other

applicable laws and regulations will take place as needed.

(h) Site characterization studies and environmental monitoring,

including siting, construction, operation, and dismantling or

closing of characterization and monitoring devices. Such activities

include, but are not limited to:

(1) Site characterization and environmental monitoring

activities under RCRA and CERCLA;

(2) Geological, geophysical, geochemical, and engineering

surveys and mapping, including the establishment of survey marks;

(3) Installation and operation of field instruments, such as

streamgauging stations or flowmeasuring devices, telemetry systems,

geochemical monitoring tools, and geophysical exploration tools;

(4) Drilling of wells for sampling or monitoring of groundwater,

well logging, and installation of waterlevel recording devices in

wells;

(5) Aquifer response testing;

(6) Installation and operation of ambient air monitoring

equipment;

(7) Sampling and characterization of water, soil rock, or

contaminants;

(8) Sampling and characterization of water effluents, air

emissions, or solid waste streams;

(9) Sampling of flora or fauna; and

(10) Archeological, historic, and cultural resource

identification and evaluation studies in compliance with 36 CFR part

800 and 43 CFR part 7.

(i) Administrative actions such as procurement of consultant

services for appraisal or environmental analysis.

(j) Repair and alteration projects involving, but not adversely

affecting, properties listed on or eligible for the National

Register of Historic Places, when there is no evidence of community

controversy or other environmental issues. The process required by

Section 106 of the National Historic Preservation Act (NHPA) must be

followed; see ADM 1020.2.

(k) Repairs and alterations or modernization conducted in

accordance with applicable plans, such as Facility Master Plans,

where such plans have been reviewed under NEPA and there is no

evidence of community controversy or unresolved environmental

issues. The process required by Section 106 of the NHPA must be

followed; see ADM 1020.2.

(l) Repair to or replacement in kind of equipment or components

in GSA-controlled facilities without change in location, e.g. HVAC,

electrical distribution systems, windows, doors or roof.

(m) Facility maintenance, custodial, and groundskeeping

activities not involving environmentally sensitive areas (such as

eroded areas, wetlands, cultural sites, etc.), including window

washing, lawn mowing, trash collecting, and snow removal.

(n) Procurement contracts for professional services and supplies

not addressed elsewhere here.

(o) Preparation of implementation guidance.

(p) Studies that involve no commitment of resources other than

manpower and funding.

(q) Assisting Federal agencies in public utilities management

(excluding communications), negotiating for public utility services

on behalf of Federal agencies, and providing expert testimony before

public utility regulatory bodies.

r. Federal real property utilization surveys in accordance with

Executive Order 12348.

s. Real property inspections for compliance with deed

restrictions.

t. Administrative action by GSA to remove clouds on titles.

u. Disposal of real property required by public law wherein

Congress has specifically exempted the action from the requirements

of NEPA.

1.4 CHECKLIST CATEXs

The following are categorical exclusions that require

preparation of a checklist to ensure that no extraordinary

circumstances exist that would require preparation of an EA or EIS.

a. Acquisition of land which is not in a floodplain or other

environmentally sensitive area and does not result in condemnation.

b. Acquisition of space by Federal construction or lease

construction, or expansion or improvement of an existing facility

where all of the following conditions are met:

1. The structure and proposed use are substantially in

compliance with local planning and zoning and any applicable State

or Federal requirements;

2. The proposed use will not substantially increase the number

of motor vehicles at the facility;

3. The site and the scale of construction are consistent with

those of existing adjacent or nearby buildings; and

4. There is no evidence of community controversy or other

environmental issues.

c. Property disposal actions undertaken for another Federal

agency, where that agency has already documented compliance with

applicable legal requirements such as NEPA, NHPA, CERCLA, Endangered

Species Act. (See ADM 1095.1d.)

d. Transfers of real property to Federal, State, and local

agencies, and Indian Tribes.

e. Assignments of real property to another Federal agency for

subsequent conveyance to a State or local agency, or to eligible

non-profit institutions for health, educational, or park and

recreation uses.

f. Disposal of real property to State or local agencies for

wildlife conservation and historic monument purposes.

g. Disposal of real property required by public law wherein

Congress has not specifically exempted the action from the

requirements of NEPA.

h. Issuance of easements, licenses, or outleases for use of

space in Federal facilities other than existing office buildings.

i. Disposal of related personal property, demountable

structures, transmission lines, utility poles, railroad ties, and

track.

j. Disposal of properties where the size, area, topography, and

zoning are similar to existing surrounding properties and/or where

current and reasonable anticipated uses are or would be similar to

current surrounding uses (e.g., commercial store in a commercial

strip, warehouse in an urban complex, office building in downtown

area, row house or vacant lot in an urban area).

k. Abrogation of use restrictions contained in the conveyance

documents of previous disposals when:

l. Upon request of another Federal agency for concurrence, GSA

only provides concurrence subject to the requesting agency's

compliance with NEPA, or

m. GSA has no reason to believe that the abrogation will result

in a significant change in property use, or

n. The abrogation is for a reduction in time only.

o. Sale of improvements to underlying property fee owner and

disposal of fee ownership to parties who have had possession and/or

use of the property for five years or more through permit, lease,

license, or easement.

Appendix 2: Actions Requiring Environmental Impact Statement

The following actions are considered to be major Federal actions

significantly affecting the quality of the human environment, and

therefore must be the subjects of Environmental Impact Statements

(EIS), as

[[Page 34900]]

must any other action that an Environmental Assessment (EA)

indicates may have significant environmental effects:

Master plans for Federally owned major buildings,

building complexes, and sites (Note: EIS should be designed so that

subsequent EISs and EAs can be tiered off it).

Acquisition of space by Federal construction or lease

construction, or expansion or improvement of an existing facility,

where one or more of the following applies:

--The structure and/or proposed use are not substantially consistent

with local planning and zoning or any applicable State or Federal

requirements.

--The proposed use will substantially increase the number of motor

vehicles at the facility.

--The site and scale of construction are not consistent with those

of existing adjacent or nearby buildings.

--There is evidence of current or potential community controversy

about environmental justice or other environmental issues.

Space acquisition programs projected for a substantial

geographical area (e.g., a metropolitan area) for a 3-to-5-year

period or greater (Note: a PEIS is often appropriate here, off which

subsequent EISs and EAs can be tiered).

[FR Doc. 98-16304 Filed 6-25-98; 8:45 am]

BILLING CODE 6820-BR-U