[Federal Register Volume 65, Number 167 (Monday, August 28, 2000)]
[Notices]
[Pages 52212-52241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21245]



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Part III





Department of the Interior





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National Environmental Policy Act Revised Implementing Procedures; 
Notice

  Federal Register / Vol. 65, No. 167 / Monday, August 28, 2000 / 
Notices  

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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.

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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: 
[email protected].

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: [email protected].

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

[[Page 52213]]

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

[[Page 52214]]

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.

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    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-

[[Page 52216]]

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

[[Page 52217]]

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.

[[Page 52218]]

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.

[[Page 52219]]

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.

[[Page 52220]]

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.

[[Page 52221]]

    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:

[[Page 52222]]

    (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

[[Page 52223]]

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

[[Page 52224]]

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

[[Page 52225]]

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

[[Page 52226]]

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.

[[Page 52227]]

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

[[Page 52228]]

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

[[Page 52229]]

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 in land where no change in 
land use is planned.
    J. Reservation Proclamations. Lands established as or added to a 
reservation pursuant to 25 U.S.C. 467, where no change in land use is 
planned.
    K. Waste Management.
    (1) Closure operations for solid waste facilities when done in 
compliance with other federal laws and regulations and where cover 
material is taken from locations which have been approved for use by 
earlier NEPA analysis.
    (2) Activities involving remediation of hazardous waste sites if 
done in compliance with applicable federal laws such as the Resource 
Conservation and Recovery Act (P.L. 94-580), Comprehensive 
Environmental Response, Compensation, and Liability Act (P.L. 96-516) 
or Toxic Substances Control Act (P.L. 94-469).
    L. Roads and Transportation.
    (1) Approval of utility installations along or across a 
transportation facility located in whole within the limits of the 
roadway right-of-way.
    (2) Construction of bicycle and pedestrian lanes and paths adjacent 
to existing highways and within the existing rights-of-way.
    (3) Activities included in a ``highway safety plan'' under 23 CFR 
402.
    (4) Installation of fencing, signs, pavement markings, small 
passenger shelters, traffic signals, and railroad warning devices where 
no substantial land acquisition or traffic disruption will occur.
    (5) Emergency repairs under 23 U.S.C. 125.
    (6) Acquisition of scenic easements.
    (7) Alterations to facilities to make them accessible for the 
elderly or handicapped.
    (8) Resurfacing a highway without adding to the existing width.
    (9) Rehabilitation, reconstruction or replacement of an existing 
bridge structure on essentially the same alignment or location (e.g. 
widening, adding shoulders or safety lanes, walkways, bikeways or 
guardrails).
    (10) Approvals for changes in access control within existing right-
of-ways.
    (11) Road construction within an existing right-of-way which has 
already been acquired for a HUD housing project and for which earlier 
NEPA analysis has already been prepared.
    M. Other.

[[Page 52230]]

    (1) Data gathering activities such as inventories, soil and range 
surveys, timber cruising, geological, geophysical, archeological, 
paleontological and cadastral surveys.
    (2) Establishment of non-disturbance environmental quality 
monitoring programs and field monitoring stations including testing 
services.
    (3) Actions where BIA has concurrence or co-approval with another 
Bureau and the action is categorically excluded for that Bureau.
    (4) Approval of an Application for Permit to Drill for a new water 
source or observation well.
    (5) Approval of conversion of an abandoned oil well to a water well 
if water facilities are established only near the well site.
    (6) Approval and issuance of permits under the Archaeological 
Resources Protection Act (16 U.S.C. 470aa-ll) when the permitted 
activity is being done as a part of an action for which a NEPA analysis 
has been, or is being prepared.

Department of the Interior

Departmental Manual

Effective Date: 
Series: Environmental Quality
Part 516: National Environmental Policy Act of 1969
Chapter 11: Managing the NEPA Process--Bureau of Land Management
Originating Office: Office of Environmental Policy and Compliance

516 DM 11

11.1  Purpose

    This Chapter provides supplementary requirements for implementing 
provisions of 516 DM 1 through 6 within the Department's Bureau of Land 
Management. This Chapter is referenced in 516 DM 6.5.

11.2  NEPA Responsibility

    A. The Director/Deputy Director are responsible for National 
Environmental Policy Act compliance for Bureau of Land Management 
activities.
    B. The Assistant Director, Support Services, is responsible for 
policy interpretation, program direction, leadership, and line 
management for Bureau environmental policy, coordination and 
procedures. The Division of Planning and Environmental Coordination 
(P&EC) which reports to the Assistant Director, Support Services, has 
Bureauwide environmental compliance responsibilities. These 
reponsibilities include program direction for environmental compliance 
and ensuring the incorporation and integration of the NEPA compliance 
process into Bureau environmental documents.
    C. The Assistant Directors, Renewable Resources, Energy and 
Minerals Resources, and Management Services are responsible for 
cooperating with the Assistant Director, Support Services, to ensure 
that the environmental compliance process operates as prescribed within 
their areas of responsibility. This includes managing and ensuring the 
quality of environmental analyses, assigned environmental documents and 
records of decisions.
    D. The State Directors are responsible to the Director/Deputy 
Director for overall direction and integration of the NEPA process into 
their activities and for NEPA compliance in their States. The P&EC unit 
provides major staff support and is the key focal point for NEPA 
matters at the State level.
    (1) The District Managers are responsible for implementing the NEPA 
process at the District level. The P&EC unit provides major support and 
is the key focal point for NEPA matters at the District level.
    (2) The Area Managers are responsible for implementing the NEPA 
process at the resource area level.

11.3  Guidance to Applicants

    A. General.
    (1) Applicants should make initial contact with the line manager 
(Area Manager, District Manager or State Director) of the office where 
the affected public lands are located.
    (2) If the application will affect responsibilities of more than 
one State Director, an applicant may contact any State Director whose 
jurisdiction is involved. In such cases, the Director may assign 
responsibility to the Headquarters Office or to one of the State 
offices. From that point, the applicant will deal with the designated 
lead office.
    (3) Potential applicants may secure from State Directors a list of 
program regulations or other directives/guidance providing advice or 
requirements for submission of environmental information. The purpose 
of making these regulations known to potential applicants, in advance, 
is to assist them in presenting a detailed, adequate and accurate 
description of the proposal and alternatives when they file their 
application and to minimize the need to request additional information. 
This is a minimum list and additional requirements may be identified 
after detailed review of the formal submission and during scoping.
    (4) Since much of an applicant's planning may take place outside of 
BLM's planning system, it is important for potential applicants to 
advise BLM of their planning at the earliest possible stage. Early 
communication is necessary to properly conduct our stewardship role on 
the public lands and to seek solutions to situations where private 
development decisions may conflict with public land use decisions. 
Early contact will also allow the determination of basic data needs 
concerning environmental amenities and values, potential data gaps that 
could be filled by the application, and a modification of the list or 
requirements to fit local situations. Scheduling of the environmental 
analysis process can also be discussed, as well as various ways of 
preparing any environmental documents.
    B. Regulations. The following partial list provides guidance to 
applicants on program regulations which may apply to a particular 
application. Many other regulations deal with proposals affecting 
public lands, some of which are specific to BLM while others are 
applicable across a broad range of Federal programs (e.g., Protection 
of Historic and Cultural Programs--36 CFR part 800).
    (1) Resource Management Planning--43 CFR 1610;
    (2) Withdrawals--43 CFR 2300;
    (3) Land Classification--43 CFR 2400;
    (4) Disposition: Occupancy and Use--43 CFR 2500;
    (5) Disposition: Grants--43 CFR 2600;
    (6) Disposition: Sales--43 CFR 2700;
    (7) Use: Rights-of-Way--43 CFR 2800;
    (8) Use: Leases and Permits--43 CFR 2900;
    (9) Oil and Gas Leasing--43 CFR 3100;
    (10) Geothermal Resources Leasing--43 CFR 3200;
    (11) Coal Management--43 CFR 3400;
    (12) Leasing of Solid Minerals Other than Coal/Oil Shale--43 CFR 
3500;
    (13) Mineral Materials Disposal--43 CFR 3600;
    (14) Mining Claims Under the General Mining Laws--43 CFR 3800;
    (15) Grazing Administration--43 CFR 4100;
    (16) Wild Free-Roaming Horse and Burro Management--43 CFR 4700;
    (17) Forest Management--43 CFR 5000;
    (18) Wildlife Management--43 CFR 6000; and
    (19) Recreation Management--43 CFR 8300.

11.4  Major Actions Normally Requiring an EIS

    A. The following types of Bureau actions will normally require the 
preparation of an EIS:

[[Page 52231]]

    (1) Approval of Resource Management Plans.
    (2) Proposals for Wilderness, Wild and Scenic Rivers, and National 
Historic Scenic Trails.
    (3) Approval of regional coal lease sales in a coal production 
reason.
    (4) Decision to issue a coal preference right lease.
    (5) Approval of applications to the BLM for major actions in the 
following categories:
    (a) Sites for steam electric powerplants, petroleum refineries, 
synfuel plants, and industrial facilities.
    (b) Rights-of-way for major reservoirs, canals, pipelines, 
transmission lines, highways and railroads.
    (6) Approval of operations that would result in liberation of 
radioactive tracer materials or nuclear stimulation.
    (7) Approval of any mining operation where the area to be mined, 
including any area of distrubance, over the life of the mining plan is 
640 acres or larger in size.
    B. If, for any of these actions it is anticipated that an EIS is 
not needed based on potential Impact significance, an environmental 
assessment will be prepared and processed in accordance with 40 CFR 
1501.4(e)(2).

11.5  Categorical Exclusions

    The Departmental Manual [516 DM 2.3A(3) & Appx 2] requires that 
before any action described in the following list of categorical 
exclusions is used, the exceptions must be reviewed for applicability 
in each case. The proposed action cannot be categorically excluded if 
one or more of the exceptions apply, thus requiring either an EA or on 
EIS. When no exceptions apply, the following types or bureau actions 
normally do not require the preparation of an EA or EIS.
    A. Fish and Wildlife.
    (1) Modification of existing fences to provide improved wildlife 
ingress and egress.
    (2) Minor modification of water developments to improve or 
facilitate wildlife use (e.g. modify enclosure fence, install flood 
value, or reduce ramp access angle).
    (3) Construction of perches, nesting platforms, islands and similar 
structures for wildlife use,
    (4) Temporary emergency feeding of wildlife during periods of 
extreme adverse weather conditions.
    (5) Routine augmentations such as fish stocking, providing no new 
species are introduced.
    (6) Relocation of nuisance or depredating wildlife, providing the 
relocation does not introduce new species into the ecosystem.
    (7) Installation of devices on existing facilities to protect 
animal life such as raptor electrocution prevention devices.
    B. Fluid Minerals.
    (1) Issuance of future interest leases under the Mineral Leasing 
Act of Acquired Lands where the subject lands are already in 
production.
    (2) Approval of mineral lease adjustments and transfers, including 
assignments and subleases.
    (3) Approval of minor modifications or minor variances from 
activities described in approved development/production plans (e.g. the 
approved plan identifies no new surface disturbance outside the area 
already identified to be disturbed).
    (4) Approval of unitization agreements, communitization agreements, 
drainage agreements, underground gas storage agreements, compensatory 
royalty agreements, or development contracts.
    (5) Approval of suspensions of operations, force majeure 
suspensions, and suspensions of operations and production.
    (6) Approval of royalty determinations such as royalty rate 
reductions.
    C. Forestry.
    (1) Land cultivation and silvicultural activities (excluding 
herbicides) in forest tree nurseries, seed orchards, and progeny test 
sites.
    (2) Sale and removal of individual trees or small groups of trees 
which are dead, diseased, injured, or which constitute a safety hazard, 
and where access for the removal requires no more than maintenance to 
existing roads.
    (3) Seeding or reforestation of timber sales or burn areas where no 
chaining is done, no pesticides are used, and there is no conversion of 
timber type or conversion of nonforest to forest land. Specific 
reforestation activities covered include: seeding and seedling 
plantings, shading, tubing (browse protection), paper mulching, bud 
caps, ravel protection, application of non-toxic big game repellant, 
spot scalping, rodent trapping, fertilization of seed trees, fence 
construction around out-planting sites, and collection of pollen, 
scions and cones.
    (4) Precommercial thinning and brush control using small mechanical 
devices.
    (5) Disposal of small amounts of miscellaneous vegetation products 
outside established harvest areas, such as Christmas trees, wildings, 
floral products (ferns, boughs, etc.), cones, seeds, and personal use 
firewood.
    D. Rangeland Management.
    (1) Approval of transfers of grazing preference.
    (2) Placement and use of temporary (not to exceed one month) 
portable corrals and water troughs, providing no new road construction 
is needed.
    (3) Temporary emergency feeding of livestock or wild horses and 
burros during periods of extreme adverse weather conditions.
    (4) Removal of wild horses or burros from private lands at the 
request of the landowner.
    (5) Processing (transporting, sorting, providing veterinary care 
to, vaccinating, testing for communicable diseases, training, gelding, 
marketing, maintaining, feeding, and trimming of hooves of) excess wild 
horses and burros.
    (6) Approval of the adoption of healthy, excess wild horses and 
burros.
    (7) Actions required to ensure compliance with the terms of Private 
Maintenance and Care Agreements.
    (8) Issuance of title to adopted wild horses and burros.
    (9) Destroying old, sick, and lame wild horses and burros as an act 
of mercy.
    E. Realty.
    (1) Withdrawal extensions or modifications which only establish a 
new time period and entail no changes in segregative effect or use.
    (2) Withdrawal revocations, terminations, extensions, or 
modifications and classification terminations or modifications which do 
not result in lands being opened or closed to the general land laws or 
to the mining or mineral leasing laws.
    (3) Withdrawal revocations, terminations, extensions, or 
modifications; classification terminations or modifications; or opening 
actions where the land would be opened only to discretionary land laws 
and where subsequent discretionary actions (prior to implementation) an 
in conformance with and are covered by a Resource Management Plan/EIS 
(or plan amendment and EA or EIS).
    (4) Administrative conveyances from the Federal Aviation 
Administration (FAA) to the State of Alaska to accommodate airports on 
lands appropriated by the FAA prior to the enactment of the Alaska 
Statehood Act.
    (5) Actions taken in conveying mineral interest where there are no 
known mineral values in the land, under Section 209(b) of the Federal 
Land policy and Management Act of 1976 (FLPMA).
    (6) Resolution of class one color-of-title cases.
    (7) Issuance of recordable disclaimers of interest under Section 
315 of FLPMA.
    (8) Corrections of patents and other conveyance documents under 
section 316 of FLPMA and other applicable statutes.

[[Page 52232]]

    (9) Renewals and assignments of leases, permits or rights-of-way 
where no additional rights are conveyed beyond those granted by the 
original authorizations.
    (10) Transfer or conversion of leases, permits, or rights-of-way 
from one agency to another (e.g., conversion of Forest Service permits 
to a BLM Title V Right-of-way).
    (11) Conversion of existing right-of-way grants to Title V grants 
or existing leases to FLPMA section 302(b) leases where no new 
facilities or other changes are needed.
    (12) Grants of right-of-way wholly within the boundaries of other 
compatibly developed rights-of-way.
    (13) Amendments to existing rights-of-way such as the upgrading of 
existing facilities which entail no additional disturbances outside the 
rights-of-way boundary.
    (14) Grants of rights-of-way for an overhead line (no pole or tower 
on BLM land) crossing over a corner of public land.
    (15) Transfer of land or interest in land to or from other Bureaus 
or Federal agencies where current management will continue and future 
changes in management will be subject to the NEPA process.
    (16) Acquisition of easements for an existing road or issuance of 
leases, permits, or rights-of-way for the use of existing facilities, 
improvements, or sites for the same or similar purposes.
    (17) Grant of a short rights-of-way for utility service or terminal 
access roads to an individual residence, outbuilding, or water well.
    (18) Temporary placement of a pipeline above ground.
    (19) Issuance of short-term (3 years or less) rights-of-way or land 
use authorizations for such uses as storage sites, apiary sites, and 
construction sites where the proposal includes rehabilitation to 
restore the land to its natural or original condition.
    (20) One-time issuance of short-term (3 years or less) rights-of-
way or land use authorizations which authorize trespass action where no 
new use or construction is allowed, and where the proposal includes 
rehabilitation to restore the land to its natural or original 
condition.
    F. Solid Minerals.
    (1) Issuance of future interest leases under the Mineral Leasing 
Act for Acquired Lands where the subject lands are already in 
production.
    (2) Approval of mineral lease readjustments, renewals and transfers 
including assignments and subleases.
    (3) Approval of suspensions of operations, force majeure 
suspensions, and suspensions of operations and production.
    (4) Approval of royalty determinations such as royalty rate 
reduction and operations reporting procedures.
    (5) Determination and designation of logical mining units (LMUs).
    (6) Findings of completeness furnished to the Office of Surface 
Mining Reclamation and Enforcement for Resource Recovery and Protection 
Plans.
    (7) Approval of minor modifications to or minor variances from 
activities described in an approved exploration plan for leasable, 
salable and locatable minerals. (e.g. the approved plan identifies no 
new surface disturbance outside the areas already identified to be 
disturbed.)
    (8) Approval of minor modifications to or minor variances from 
activities described in an approved underground or surface mine plan 
for leasable minerals. (e.g. change in mining sequence or timing.)
    (9) Digging of exploratory trenches for mineral materials, except 
in riparian areas.
    (10) Disposal of mineral materials such as sand, stone, gravel, 
pumice, pumicite, cinders, and clay, in amounts not exceeding 50,000 
cubic yards or disturbing more than 5 acres, except in riparian areas.
    G. Transportation Signs.
    (1) Placing existing roads in any transportation plan when no new 
construction or upgrading is needed.
    (2) Installation of routine signs, markers, culverts, ditches, 
waterbars, gates, or cattleguards on/or adjacent to existing roads.
    (3) Temporary closure of roads.
    (4) Placement of recreational, special designation or information 
signs, visitor registers, kiosks and portable sanitation devices.
    H. Other.
    (1) Maintaining plans in accordance with 43 CFR 1610.5-4.
    (2) Acquisition of existing water developments (e.g. wells and 
springs) on public land.
    (3) Conducting preliminary hazardous materials assessments and site 
investigations, site characterization studies and environmental 
monitoring. Included is siting, construction, installation and/or 
operation of small monitoring devices such as wells, particulate dust 
counters and automatic air or water samples.
    (4) Use of small sites for temporary field work camps where the 
sites will be restored to their natural or original condition within 
the same work season.
    (5) Issuance of special recreation permits to individuals or 
organized groups for search and rescue training, orienteering or 
similar activities and for dog trials, endurance horse races or similar 
minor events.
    (6) A single trip in a one month period to data collection or 
observation sites.
    (7) Construction of snow fences for safety purposes or to 
accumulate snow for small water facilities.
    (8) Installation of minor devices to protect human life (e.g. 
grates across mines).
    (9) Construction of small protective enclosures including those to 
protect reservoirs and springs and those to protect small study areas.
    (10) Removal of structures and materials of nonhistorical value, 
such as abandoned automobiles, fences, and buildings, including those 
built in trespass and reclamation of the site when little or no surface 
disturbance is involved.
    (11) Actions where BLM has concurrence or coapproval with another 
DOI agency and the action is categorically excluded for that DOI 
agency.
    (12) Rendering formal classification of lands as to their mineral 
character and waterpower and water storage values.

Department of the Interior

Departmental Manual

Effective Date:
Series: Environmental Quality
Part 516: National Environmental Policy Act of 1969
Chapter 12: Managing the NEPA Process--National Park Service
Originating Office: Office of Environmental Policy and Compliance

516 DM 12

12.1  Purpose

    This Chapter provides supplementary requirements for implementing 
provisions of 516 DM 1 through 6 within the Department's National Park 
Service. This Chapter is referenced in 516 DM 6.5.

12.2  NEPA Responsibility

    A. The Director is responsible for NEPA compliance for National 
Park Service (NPS) activities.
    B. Regional Directors are responsible to the Director for 
integrating the NEPA process into all regional activities and for NEPA 
compliance in their regions.
    C. The Denver Service Center performs most major planning efforts 
for the National Park Service and integrates NEPA compliance and 
environmental considerations with project planning, consistent with 
direction and oversight

[[Page 52233]]

provided by the appropriate Regional Director.
    D. The Environmental Compliance Division (Washington), which 
reports to the Associate Director--Planning and Development, serves as 
the focal point for all matters relating to NEPA compliance; 
coordinates NPS review of NEPA documents prepared by other agencies; 
and provides policy review and clearance for NPS EISs. Information 
concerning NPS NEPA documents or the NEPA process can be obtained by 
contacting this office.

12.3  Guidance to Applicants

    Actions in areas of NPS jurisdiction that are initiated by private 
or non-Federal entities include the following:
    A. Minerals, Mineral exploration, leasing and development 
activities are not permitted in most units of the National Park System. 
There are exceptions where mineral activities are authorized by law and 
all mineral activities conducted under these exceptions require 
consolation with and evaluation by officials of the NPS and are subject 
to NEPA compliance. Some procedures whereby mineral activities are 
authorized are outlined below. For site-specific proposals, interested 
parties should contact the appropriate NPS Regional Director for a 
determination of whether authorities for conducting other types of 
mineral activities in particular areas exist and, if so, how to obtain 
appropriate permits. For further information about NPS minerals policy, 
interested parties should contact the Energy, Mining, and Minerals 
Division (Denver, Colorado).
    (1) Mining Claims and Associated Mining Operations. All Units of 
the National Park System are closed to mineral entry under the 1872 
Mining Law, and mining operations associated with mining claims are 
limited to the exercise of valid prior existing rights. Prior to 
conducting mining operations on patented or unpatented mining claims 
within the National Park System, operators must obtain approval of the 
appropriate NPS Regional Director. The Regional Directors base approval 
on information submitted by potential operators that discusses the 
scope of the proposed operations, evaluates the potential impacts on 
park resources, identifies measures that will be used to mitigate 
adverse impacts, and meets other requirements contained in 36 CFR Part 
9, Subpart A, which governs mining operations on mining claims under 
the authority of the Mining in the Parks Act of 1976.
    (2) Non-Federal Mineral Rights. Privately held Oil, gas and mineral 
rights on private land or split estates (Federally-owned subsurface 
estate) exist within some park boundaries. Owners of outstanding 
subsurface oil and gas rights are granted reasonable access on or 
across park units through compliance with 36 CFR Part 9, Subpart B. 
These procedures require an operator to file a plan of operations for 
approval by the appropriate NPS Regional Director. An approved plan of 
operations serves as the operator's access permit.
    (3) Federal Mineral Leasing and Mineral Operations.
    (a) Leasing of Federally-owned minerals is restricted to five 
national recreation areas in the National Park System, where leasing is 
authorized in the enabling legislation of the units. According to 
current regulations (43 CFR 3100.03(g)(4); 43 CFR 3500.0-3(c)(7)). 
These areas are: Lake Mead, Glen Canyon, Ross Lake, Lake Chelan, and 
Whiskeytown National Recreation Areas. However, Lake Chelan was 
designated in 1981 as an excepted area under the regulations and is 
closed to mineral leasing. The Bureau of Land Management (BLM) issues 
leases on these lands and controls and monitors operations. Applicable 
general leasing and operating procedures for oil and gas are contained 
in 43 CFR Part 3100, et seq. And for minerals other than oil and gas in 
43 CFR 3500 et seq. Within units of the National Park System the NPS, 
as the surface management agency, must consent to the permitting and 
leasing of park lands and concur with operating conditions established 
in consultation with the BLM. Leases and permits can only be granted 
upon a finding by the NPS Regional Director that the activities 
authorized will not have a significant adverse effect on the resources 
and administration of the unit. The NPS can also require special lease 
and permit stipulations for protecting the environment and other park 
resources. In addition, the NPS participates with BLM in preparing 
environmental analyses of all proposed activities and in establishing 
reclamation requirements for park unit lands.
    (b) Glen Canyon National Recreation Area is the only unit of the 
National Park System containing special tar sands areas as defined in 
the Combined Hydrocarbon Leasing Act of 1981. In accordance with the 
requirements of this Act, the BLM has promulgated regulations governing 
the conversion of existing oil and gas leases located in special tar 
sands areas to combined hydrocarbon (oil, gas, and tar sands) leases 
and for instituting a competitive combined hydrocarbon leasing program 
in the special tar sands areas. Both of these activities, lease 
conversions and new leasing, may occur within the Glen Canyon NRA 
provided that they take place commensurate with the unit's minerals 
management plan and that the Regional Director of the NPS makes a 
finding of no significant adverse impact on the resources and 
administration of the unit or on other contiguous units of the National 
Park System. If the Regional Director does not make such a finding, 
then the BLM cannot authorize lease conversions or issue new leases 
within the Glen Canyon NRA. The applicable regulations are contained in 
43 CFR 3140.7 and 3141.4-2, respectively. Intra-Departmental procedures 
for processing conversion applications have been laid out in a 
Memorandum of Understanding (MOU) between the BLM and the NPS. For 
additional information about combined hydrocarbon leasing, interested 
parties should contact the Energy, Mining and Minerals Division 
(Denver, Colorado).
    B. Grazing. Grazing management plans for NPS units subject to 
legislatively-authorized grazing are normally prepared by the NPS or 
jointly with the BLM. Applicants for grazing allotments must provide 
the NPS and/or the BLM with such information as may be required to 
enable preparation of environmental documents on grazing management 
plans. Grazing is also permitted in some NPS areas as a condition of 
land acquisition in instances where grazing rights were held prior to 
Federal acquisition. The availability of these grazing rights is 
limited and information should be sought through individual Park 
Superintendents.
    C. Permits, Rights-of-Way, and Easements for Non-Park Uses. 
Informational requirements are determined on a case-by-case basis, and 
applicants should consult with the Park Superintendent before making 
formal application. The applicant must provide sufficient information 
on the proposed non-park use, as well as park resources and resource-
related values to be affected directly and indirectly by the proposed 
use in order to allow the Service to evaluate the application, assess 
the impact of the proposed use on the NPS unit and other environmental 
values, develop restrictions/stipulations to mitigate adverse impacts, 
and reach a decision on issuance of the instrument. Authorities for 
such permits, rights-of-way, and etc., are found in the enabling 
legislation for individual National Park System units and 16 U.S.C. 5 
and 79 and 23 U.S.C. 317. Right-of-way and easement regulations are 
found at 36 CFR Part 14. Policies concerning regulation of special uses 
are described

[[Page 52234]]

in the NPS Management Policies Notebook.
    D. Archaeological Permits. Permits for the excavation or removal of 
archaeological resources on public and Indian lands owned or 
administered by the Department of the Interior, and by other agencies 
that may delegate this responsibility to the Secretary, are issued by 
the Director of the NPS. These permits are required pursuant to the 
Archaeological Resources Protection Act of 1979 (Pub. L. 96-95) and 
implementing regulations (43 CPR Part 7), whenever materials of 
archaeological interest are to be excavated or removed. These permits 
are not required for archaeological work that does not result in any 
subsurface testing and does not result in the collection of any surface 
or subsurface archaeological materials. Applicants should contact the 
Departmental Consulting Archaeologist in Washington about these 
permits.
    E. Federal Aid. The NPS administers financial and land grants to 
States, local governmental and private organizations/individuals for 
outdoor recreation acquisition, development and planning (Catalog of 
Federal Domestic Assistance (CDFA #15.916), historic preservation (CDFA 
#15.904), urban park and recreation recovery (CDFA #15.919) and Federal 
surplus real property for park recreation and historic monument use 
(CDFA #15.403). The following program guidelines and regulations list 
environmental requirements which applicants must meet:
    (1) Land and Water Conservation Fund Grants Manual, Part 650.2;
    (2) Historic Preservation Grants-in-Aid Manual, Chapter 4;
    (3) Urban Park and Recreation Recovery Guidelines, NPS-37;
    (4) Policies and Responsibilities for Conveying Federal Surplus 
Property Manual, Part 271. Copies of documents related to the Land and 
Water Conservation Fund and the Historic Preservation Fund have been 
provided to all State Liaison Officers for outdoor recreation and all 
State Historic Preservation Officers. Copies of these documents related 
to the Urban Park and Recreation Recovery Program are available for 
inspection in each NPS Regional Office as well as the NPS Office of 
Public Affairs in Washington, D.C. Many State agencies which seek NPS 
grants may prepare related EISs pursuant to section 102(2)(D) of NEPA. 
Such agencies should consult with the NPS Regional Office.
    F. Conversion of Acquired and Developed Recreation Lands. The NPS 
must approve the conversion of certain acquired and developed lands 
prior to conversion. These include:
    (1) All State and local lands and interests therein, and certain 
Federal lands under lease to the States, acquired or developed in whole 
or in part with monies from the Land and Water Conservation Fund Act 
are subject to section 6(f) of the Act which requires approval of 
conversion of use.
    (2) All recreation areas and facilities (as defined in section 
1004), developed or improved, in whole or in part, with a grant under 
the Urban Park and Recreation Recovery Act of 1978 (Pub. L. 95-625, 
Title 10) are subject to section 1010 of the Act which requires 
approval for a conversion to other than public recreation uses.
    (3) Most Federal surplus real property which has been conveyed to 
State and local governments for use as recreation demonstration areas, 
historic monuments or public park and recreation areas (under the 
Recreation Demonstration Act of 1942 or the Federal Property and 
Administrative Services Act of 1949, as amended) are subject to 
approval of conversion of use.
    (4) All abandoned railroad rights-of-way acquired by State and 
local governments for recreational and/or conservation uses with grants 
under section 809(b) of the Railroad Revitalization and Regulatory 
Reform Act of 1976, are subject to approval of conversion of use. 
Application for approval of conversion of use of these lands must be 
submitted to the appropriate Regional Director of the NPS. Early 
consultation with the Regional Office is encouraged to insure that the 
application is accompanied by any required environmental documentation. 
If the property was acquired through the Land and Water Conservation 
Fund, then the application must be submitted through the appropriate 
State Liaison Officer for Outdoor Recreation. If the property was 
acquired under the Federal Property and Administrative Services Act of 
1949, as amended, approval of an application for conversion of use must 
also be concurred in by the General Services Administration.

12.4  Major Actions Normally Requiring Environmental Impact Statements

    A. The following types of NPS proposals will normally require the 
preparation of an EIS:
    (1) Wild and Scenic River proposals;
    (2) National Trail proposals;
    (3) Wilderness proposals;
    (4) General Management Plans for major National Park System units;
    (5) Grants, including multi-year grants, whose size and/or scope 
will result in major natural or physical changes, including 
interrelated social and economic changes and residential and land use 
changes within the project area or its immediate environs;
    (6) Grants which foreclose other beneficial uses of mineral, 
agricultural, timber, water, energy or transportation resources 
important to National or State welfare.
    B. If for any of these proposals it is initially decided not to 
prepare an EIS, and EA will be prepared and made available for public 
review in accordance with section 1501.4(e)(2).

12.5  Categorical exclusions

    In addition to the actions listed in the Departmental categorical 
exclusions in Appendix 1 of 516 DM 2, many of which the Service also 
performs, the following NPS actions are designated categorical 
exclusions unless the action qualifies as an exception under Appendix 2 
to 516 DM 2.
    A. Actions Related to General Administration
    (1) Changes or amendments to an approved action when such changes 
would cause no or only minimal environmental impact.
    (2) Land and boundary surveys,
    (3) Minor boundary changes,
    (4) Reissuance/renewal of permits, rights-of-way or easements not 
involving new environmental impacts,
    (5) Conversion of existing permits to rights-of-way, when such 
conversions do not continue or initiate unsatisfactory environmental 
conditions,
    (6) Issuances, extensions, renewals, reissuances or minor 
modifications of concession contracts or permits not entailing new 
construction,
    (7) Commercial use licenses involving no construction,
    (8) Leasing of historic properties in accordance with 36 CFR Part 
18 and NPS-38,
    (9) Preparation and issuance of publications,
    (10) Modifications or revisions to existing regulations, or the 
promulgation of new regulation for NPS-administered areas, provide the 
modifications, revisions or new regulation do not:
    (a) Increase public use to the extent of compromising the nature 
and character of the area or causing physical damage to it,
    (b) Introduce noncompatible uses which might compromise the nature 
and characteristics of the area, or cause physical damage to it,
    (c) Conflict with adjacent ownerships or land uses, or
    (d) Cause a nuisance to adjacent owners or occupants.

[[Page 52235]]

    (11) At the direction of the NPS responsible official, actions 
where NPS has concurrence or coapproval with another bureau and the 
action is a categorical exclusion for that bureau.
    B. Plans, Studies and Reports.
    (1) Changes or amendments to an approved plan, when such changes 
would cause no or only minimal environmental impact.
    (2) Cultural resources maintenance guides, collection management 
plans and historic furnishings reports.
    (3) Interpretive plans (interpretive prospectuses, audio-visual 
plans, museum exhibit plans, wayside exhibit plans).
    (4) Plans, including priorities, justifications and strategies, for 
non-manipulative research, monitoring, inventorying and information 
gathering.
    (5) Statements for management, outlines of planning requirements 
and task directives for plans and studies.
    (6) Technical assistance to other Federal, State and local agencies 
or the general public.
    (7) Routine reports required by law or regulation.
    (8) Authorization, funding or approval for the preparation of 
Statewide Comprehensive Outdoor Recreation Plans.
    (9) Adoption or approval of surveys, studies, reports, plans and 
similar documents which will result in recommendations or proposed 
actions which would cause no or only minimal environmental impact.
    (10) Preparation of internal reports, plans, studies and other 
documents containing recommendations for action which NPS develops 
preliminary to the process of preparing a specific Service proposal or 
set of alternatives for decision.
    (11) Land protection plans which propose no significant change to 
existing land or visitor use.
    (12) Documents which interpret existing mineral management 
regulations and policies, and do not recommend action.
    C. Actions Related to Development.
    (1) Land acquisition within established park boundaries.
    (2) Land exchanges which will not lead to significant changes in 
the use of land.
    (3) Routine maintenance and repairs to non-historic structures, 
facilities, utilities, grounds and trails.
    (4) Routine maintenance and repairs to cultural resource sites, 
structures, utilities and grounds under an approved Historic Structures 
Preservation Guide or Cyclic Maintenance Guide; or if the action would 
not adversely affect the cultural resource.
    (5) Installation of signs, displays, kiosks, etc.
    (6) Installation of navigation aids.
    (7) Establishment of mass transit systems not involving 
construction, experimental testing of mass transit systems, and changes 
in operation of existing systems (e.g. routes and schedule changes).
    (8) Replacement in kind of minor structures and facilities with 
little or no change in location, capacity or appearance.
    (9) Repair, resurfacing, striping, installation of traffic control 
devices, repair/replacement of guardrails, etc. on existing roads.
    (10) Sanitary facilities operation.
    (11) Installation of wells, comfort stations and pit toilets in 
areas of existing use and in developed areas.
    (12) Minor trail relocation, development of compatible trail 
networks on logging roads or other established routes, and trail 
maintenance and repair.
    (13) Upgrading or adding new overhead utility facilities to 
existing poles, or replacement poles which do not change existing pole 
line configurations.
    (14) Issuance of right-of-way for overhead utility lines to an 
individual building or well from an existing line where installation 
will not result in significant visual intrusion and will involve no 
clearance of vegetation other than for placement of poles.
    (15) Issuance of right-of-way for minor overhead utility lines not 
involving placement of poles or towers and not involving vegetation 
management or significant visual intrusion in an NPS-administered area.
    (16) Installation of underground utilities in previously disturbed 
areas having stable soils, or in an existing utility right-of-way.
    (17) Construction of minor structures, including small improved 
parking lots, in previously disturbed or developed areas.
    (18) Construction or rehabilitation in previously disturbed or 
developed areas, required to meet health or safety regulations, or to 
meet requirements for making facilities accessible to the handicapped.
    (19) Landscaping and landscape maintenance to previously disturbed 
or developed areas.
    (20) Construction of fencing enclosures or boundary fencing posing 
no effect on wildlife migrations.
    D. Actions Related to Visitor Use.
    (1) Carrying capacity analysis.
    (2) Minor changes in amounts or types of visitor use for the 
purpose of ensuring visitor safety or resource protection in accordance 
with existing regulations.
    (3) Changes in interpretive and environmental education programs.
    (4) Minor changes in programs and regulation pertaining to visitor 
activities.
    (5) Issuance of permits for demonstrations, gathering, ceremonies, 
concerts, arts and crafts shows, etc. entailing only short-term or 
readily mitigable environmental disturbance.
    (6) Designation of trail side camping zones with no or minimal 
improvements.
    E. Actions Related to Resource Management and Protection.
    (1) Archeological surveys and permits involving only surface 
collection or small-scale test excavations.
    (2) Day-to-day resource management and research activities.
    (3) Designation of environmental study areas and research natural 
areas.
    (4) Stabilization by planting native plant species in disturbed 
areas.
    (5) Issuance of individual hunting and/or fishing licenses in 
accordance with State and Federal regulations.
    (6) Restoration of noncontroversial native species into suitable 
habitats within their historic range and elimination of exotic species.
    (7) Removal of park resident individuals of non-threatened/
endangered species which pose a danger to visitors, threaten park 
resources or become a nuisance in areas surrounding a park, when such 
removal is included in an approved resource management plan.
    (8) Removal of non-historic materials and structures in order to 
restore natural conditions.
    (9) Development of standards for and identification, nomination, 
certification and determination of eligibility of properties for 
listing in the National Register of Historic Places and the National 
Historic Landmark and National Natural Landmark Programs.
    F. Actions Related to Grant Programs.
    (1) Proposed actions essentially the same as those listed in 
paragraphs A-E above.
    (2) Grants for acquisition of areas which will continue in the same 
or lower density use with no additional disturbance to the natural 
setting.
    (3) Grants for replacement or renovation of facilities at their 
same location without altering the kind and amount of recreational, 
historical or cultural resources of the area; or the integrity of the 
existing setting.
    (4) Grants for construction of facilities on lands acquired under a 
previous NPS or other Federal grant provided that the development is in 
accord with plans submitted with the acquisition grant.
    (5) Grants for the construction of new facilities within an 
existing park or

[[Page 52236]]

recreation area, provided that the facilities will not:
    (a) Conflict with adjacent ownerships or land use or cause a 
nuisance to adjacent owners or occupants; e.g. extend use beyond 
daylight hours;
    (b) Introduce motorized recreation vehicles;
    (c) Introduce active recreation pursuits into a passive recreation 
area;
    (d) Increase public use or introduce noncompatible uses to the 
extent of compromising the nature and character of the property or 
causing physical damage to it; or
    (e) Add or alter access to the park from the surrounding area.
    (6) Grants for the restoration, rehabilitation, stabilization, 
preservation and reconstruction (or the authorization thereof) of 
properties listed on or eligible for listing on the National Register 
of Historic Places at their same location and provided that such 
actions:
    (a) Will not alter the integrity of the property or its setting;
    (b) Will not increase public use of the area to the extent of 
compromising the nature and character of the property; and
    (c) Will not cause a nuisance to adjacent property owners or 
occupants.

Department of the Interior

Departmental Manual

Effective Date:
Series: Environmental Quality
Part 516: National Environmental Policy Act of 1969
Chapter 13: Managing the NEPA Process--Office of Surface Mining
Originating Office: Office of Environmental Policy and Compliance

516 DM 13

13.1  Purpose

    This Chapter provides supplementary requirements for implementing 
provisions of 516 DM 1 through 6 within the Department's Office of 
Surface Mining. This Chapter is referenced in 516 DM 6.5.

13.2  NEPA Responsibility

    A. Director. Is responsible for NEPA compliance for Office of 
Surface Mining (OSM).
    B. Assistant Directors.
    (1) Are responsible to the Director for supervision and 
coordination of NEPA activities in their program areas of 
responsibility.
    (2) Are responsible, within their program areas, for OSM 
Headquarters review of EISs for compliance with program area policy 
guidance.
    (3) Are responsible for assuring that environmental concerns are 
identified early in the planning stages and appropriate policy and 
program guidance is disseminated.
    C. Regional Directors.
    (1) Are responsible to the Director for integrating the NEPA 
process into all Regional activities and for NEPA compliance activities 
in their Regions.
    (2) Will designate a staff position to be responsible to the 
Regional Director for the consistency, adequacy, and quality of all 
NEPA documents prepared by the Region's staff. The position will also 
be responsible to the Regional Director for providing information, 
guidance, training, advice, and coordination on NEPA matters, and for 
oversight of the Region's NEPA process.
    D. Chief, Branch of Environmental Analysis (Washington). Is 
designated by the Director to be responsible for overall policy 
guidance for NEPA compliance for OSM. Information about OSM NEPA 
documents or the NEPA process can be obtained by contacting this 
Branch.

13.3  Guidance to Applicants

    OSM personnel are available to meet with all applicants for permits 
on Federal lands or under a Federal program for a State to provide 
guidance on the permitting procedures. Permit applications under 
approved State programs are excluded from NEPA compliance. In addition, 
OSM's regulations implementing the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA) provide requirements for applicants to 
submit environmental information. The following parts of the 
regulations (30 CFR) describe the information requirements.
    A. Parts 770 and 771 outline the content requirements of permit 
applications on Federal lands or under a Federal program for a State, 
including: the procedures for coal exploration operations required by 
30 CFR 776; the permit application contents for surface coal mining 
activities required by 30 CFR 778, 779, and 780; the permit application 
contents for underground coal mining required by 30 CFR 782, 783, and 
784; the requirements for special categories of surface coal mining 
required by 30 CFR 785; and the procedures for review, revision, and 
renewal of permits and for the transfer, sale, or assignment of rights 
granted under permits, as required by 30 CFR 788.
    B. Part 776 identifies the minimum requirements for coal 
exploration activities outside the permit area. Part 776 is 
complemented by Part 815 of Subchapter K which provides environmental 
protection performance standards applicable to these operations.
    C. Part 778 provides the minimum requirements for legal, financial, 
compliance, and general nontechnical information for surface mining 
activities applications. Information submitted in permit applications 
under Part 778 will be used primarily to enable the regulatory 
authority and interested members of the public to ascertain the 
particular nature of the entity which will mine the coal and those 
entities which have other financial interests and public record 
ownership interests in both the mining entity and the property which is 
to be mined.
    D. Part 779 establishes the minimum standards for permit 
applications regarding information on existing environmental resources 
that may be impacted by the conduct and location of the proposed 
surface mining activities. With the information required under Part 
779, the regulatory authority is to utilize information provided in 
mining and reclamation plans under Part 780, in order to determine what 
specific impacts the proposed surface mining activities will have on 
the environment.
    E. Part 780 establishes the heart of the permit application: the 
mining operations and reclamation plan for surface mining activities. 
The regulatory authority will utilize this information, together with 
the description of the existing environmental resources obtained under 
Part 779, to predict whether the lands to be mined can be reclaimed as 
required by the Act.
    F. Part 782 contains permit application requirements for 
underground mining activities. This corresponds to Part 778 for surface 
mining. As such, Part 782 sets forth the minimum requirements for 
general, legal, financial, and compliance information required to be 
contained in applications for permits.
    G. Part 783 describes the minimum requirements for information on 
existing environmental resources required in the permit application for 
underground mining and corresponds to Part 779 for surface mining 
activities.
    H. Part 784 contains a discussion of the minimum requirements for 
reclamation and operation plans related to underground mining permit 
applications and corresponds to Part 780 for surface mining activities.
    I. Part 785 contains requirements for permits for special 
categories of mining, including anthracite, special bituminous, 
experimental practices, mountainstop removal, steep slope, variances 
from approximate original contour restoration requirements, prime 
farmlands, alluvial valley floors,

[[Page 52237]]

augering operation, and in situ activities. The provisions of Part 785 
are interrelated to the performance standards applicable to the special 
categories covered in Subchapter K and must be reviewed together with 
the preamble and text for Parts 818 through 828 of Subchapter K.
    J. Part 788 specifies the responsibilities of persons conducting 
surface coal mining and reclamation operations with respect to changes, 
modifications, renewals, and revisions of permits after they are 
originally granted, and of persons who attempt to succeed to rights 
granted under permits by transfer, sale, or assignment of rights.

13.4  Major Actions Normally Requiring an EIS

    A. The following OSM actions will normally require the preparation 
of an EIS:
    (1) Approval of the Abandoned Mine Lands Reclamation Program, 
(SMCRA, Title IV). Completed in March 1980.
    (2) Promulgation of the permanent regulatory program for surface 
coal mining and reclamation operations (SMCRA, Title V). Completed in 
February 1979.
    (3) Approval of a proposed mining and reclamation plan that 
includes any of the following:
    (a) Mountaintop removal operations.
    (b) Mining within high use recreation areas.
    (c) Mining that will cause population increases that exceed the 
community's ability to absorb the growth.
    (d) Mining that would require a major change in existing coal 
transportation facilities.
    (4) Approval of a proposed mining and reclamation plan for a 
surface mining operation that meets the following:
    (a) The environmental impacts of the proposed mining operation are 
not adequately analyzed in an earlier environmental document covering 
the specific leases or mining activity: and
    (b) The area to be mined is 1280 acres or more, or the annual full 
production level is 5 million tons or more; and
    (c) Mining and reclamation operations will occur for 15 years or 
more.
    B. If for any of these actions it is proposed not to prepare an 
EIS, an EA will be prepared and handled in accordance with Section 
1501.4(e)(2).

13.5  Categorical Exclusions

    A. The following OSM actions are deemed not to be major Federal 
actions within the meaning of Section 102(2)(C) of NEPA under Sections 
501(a) or 702(d) of the SMCRA. They are hereby designated as 
categorical exclusions from the NEPA process and are exempt from the 
exceptions under 516 DM 2.3A(3):
    (1) Promulgation of interim regulations.
    (2) Approval of State programs.
    (3) Promulgation of Federal programs where a State fails to submit, 
implement, enforce, or maintain an acceptable State program.
    (4) Promulgation and implementation of the Federal lands program.
    B. In addition to the actions listed in the Departmental 
categorical exclusions outlined in Appendix 1 of 516 DM 2, many of 
which OSM also performs, the following OSM actions (SMCRA sections are 
in parentheses) are designated categorical exclusions unless the 
actions qualify as an exception under 516 DM 2.3A(3):
    (1) Monetary allotments to States for mining and mineral resources 
institutes (301).
    (2) Allocation of research funds to institutes (302).
    (3) Any research effort associated with ongoing abandoned mine land 
reclamation projects where the research is coincidental to the 
reclamation (401(c)(6)).
    (4) Collection of reclamation fees from operators (402(a)).
    (5) Findings of fact and entries on land adversely affected by past 
coal mining (407(a)).
    (6) Acquisition of particular parcels of abandoned mine lands for 
reclamation (407(c)).
    (7) Filing liens against property adversely affected by past coal 
mining (408).
    (8) Interim regulatory grants (502(e)(4)).
    (9) Disapproval of a proposed State program (503(c)).
    (10) Review of permits issued under a previously approved State 
program (504(d)).
    (11) Five-year permit renewal on life-of-mine plans under the 
Federal lands program or the Federal program for a State where the 
environmental impacts of continued mining are adequately analyzed in a 
previous environmental document for the mining operation (506(d)).
    (12) Small operator assistance program (507(c)).
    (13) Issuance of public notices and holding public hearings on 
permit applications involving Federal lands or under a Federal program 
for a State (513).
    (14) Routine inspection and enforcement activities (517).
    (15) Conflict of interest regulations (517(g)).
    (16) Assessment of civil penalties (518).
    (17) Releases of performance bonds or deposits for mining on 
Federal lands or under a Federal program for a State (519).
    (18) Issuance of cessation orders for coal mining and reclamation 
operations (521(a)(2) and (3)).
    (19) Suspension or revocation of permits(521(a)(4)).
    (20) Federal oversight and enforcement of ineffective State 
programs (521(b)).
    (21) Cooperative agreements between a state and the Secretary to 
provide for State regulation of surface coal mining and reclamation 
operations on Federal lands (523(c)).
    (22) Development of a program to assure that, with respect to the 
granting of permits, leases, or contracts for Federally-owned coal, no 
one shall be unreasonably denied purchase of the mined coal (523(d)).
    (23) Annual grants programs to States for program development, 
administration, and enforcement (705(a)).
    (24) Assistance to States in the development, administration, and 
enforcement of State programs (705(b)).
    (25) Increasing the amount of annual grants to States (705(c)).
    (26) Submission of the Secretary's annual report to the Congress 
(706).
    (27) The proposal of legislation to allow Indian tribes to regulate 
surface coal mining on Indian lands (710(a)).
    (28) The certification and training of blasters (719).
    (29) Approval of State Reclamation Plans for abandoned mine lands 
(405).
    (30) Development of project proposals for AML grants, including 
field work only to the extent necessary for the preparation and design 
of the proposal.
    (31) Use of AML funds to allow States or Tribes to set aside State 
share funds in a special trust for future ANFL projects.
    (32) Use of AML funds in an insurance pool for the purposes of 
compensation for damage caused by mining prior to the date of the Act.
    (33) AML reclamation projects involving: No more than 100 acres; no 
hazardous wastes; no explosives; no hazardous or explosive gases; no 
dangerous impoundments; no mine fires and refuse fires; no undisturbed, 
noncommercial borrow or disposal sites, no dangerous slides where 
abatement has the potential for damaging inhabited property; no 
subsidences involving the placement of material into underground mine 
voids through drilled holes to address more than one structure, and no 
unresolved issues with agencies, persons, or groups or adverse effects 
requiring specialized mitigation.

[[Page 52238]]

Departmental exceptions in 516 DM 2, appendix 2 apply to this 
exclusion. All sites considered in this categorical exclusion would 
have to first meet the eligibility test in sections 404, 409 and 411 of 
SMCRA. Also projects that have been declared an emergency pursuant to 
section 410 of SMCRA, may be candidates for this exclusion.

Department of the Interior

Departmental Manual

Effective Date:
Series: Environmental Quality
Part 516: National Environmental Policy Act of 1969
Chapter 14: Managing the NEPA Process--Bureau of Reclamation
Originating Office: Office of Environmental Policy and Compliance

516 DM 14

14.1  

    Purpose This Chapter provides supplementary requirements for 
implementing provisions of 516 DM 1 through 6 within the Department's 
Bureau of Reclamation. This Chapter is referenced in 516 DM 6.5.

14.2  NEPA Responsibility

    A. Commissioner. Is responsible for NEPA compliance for Bureau of 
Reclamation (BuRec) activities.
    B. Assistant Commissioners.
    (1) Are responsible to the Commissioner for supervising and 
coordinating NEPA activities in their assigned areas of responsibility.
    (2) Are responsible, in assigned areas of responsibility, for the 
Washington level review of EISs prepared in the regions or E&R Center 
for compliance with program area policy guidance.
    (3) Provide supervision and coordination in assigned areas of 
responsibility to insure that environmental concerns are identified in 
the planning stages and to see that Regional Directors follow through 
with environmental commitments during the construction and operation 
and maintenance stages.
    (4) May designate a staff position to be responsible for NEPA 
oversight and coordination in their assigned areas of responsibility.
    C. Regional Directors.
    (1) Are fully responsible to the Commissioner for integrating the 
NEPA compliance activities in their regional area.
    (2) Will designate a staff position with the full responsibility to 
the Regional Director for providing direction of the NEPA process 
including information, guidance, training, advice, consistency, 
quality, adequacy, oversight, and coordination on NEPA documents or 
matters.
    D. Division and Office Chiefs in E&R Center.
    (1) Are responsible for integrating the NEPA process into their 
activities.
    (2) Will designate a staff position to be responsible to the 
division or office chief for providing guidance, advice, consistency, 
quality, adequacy, oversight, and coordination on NEPA documents for 
matters originating in the E&R Center.
    (3) Will provide a technical review within their area of expertise 
of environmental documents directed to their office for review and 
comment.
    E. Director, Office of Environmental Affairs (Washington). Is the 
position designated by the Commissioner to be responsible for overall 
policy review of BuRec NEPA compliance. Information about BuRec NEPA 
documents of the NEPA process can be obtained by contacting this 
office.

14.3  Guidance to Applicants

    A. Types of Applicants.
    (1) Actions that are initiated by private or non-Federal entities 
through applications include the following: Repayment contracts, water 
service contracts, Small Reclamation Projects Act Loans, Emergency 
Loans, Rehabilitation and Betterment Loans, Distribution System Loans, 
land use permits, licenses, easements, crossing agreements, permits for 
removal of sand and gravel, renewal of grazing, recreation management, 
or cabin site leases.
    (2) Applicants will be provided information by the regional office 
on what environmental reports, analysis, or information are needed when 
they initiate their application. The environmental information 
requested may, of necessity, be related to impacts on private lands or 
other lands not under the jurisdiction of the Bureau to allow the BuRec 
to meet its environmental responsibilities.
    B. Prepared Program Guidance for Applicants.
    (1) Loans under the Small Reclamation Projects Act of 1958, U.S. 
Department of the Interior, Bureau of Reclamation, March 1976 (35 
pages).
    (2) Guidelines for Preparing Applications for Loans and Grants 
under the Small Reclamation Projects Act, Public Law 84-984, U.S. 
Department of the Interior, Bureau of Reclamation, December 1973 (121 
pages).
    (3) The Rehabilitation and Betterment Program, U.S. Department of 
the Interior, Bureau of Reclamation, September 1978 (14 pages).
    (4) Guidelines for Preparation of Reports to Support Proposed 
Rehabilitation and Betterment Programs, U.S. Department of the 
Interior, Bureau of Reclamation, September 1978 (8 pages).

14.4  Major Actions Normally Requiring an EIS

    A. The following types of BuRec proposals will normally require the 
preparation of an EIS:
    (1) Proposed Feasibility Reports on water resources projects.
    (2) Proposed Definite Plan Reports (DPR) on water resources 
projects if not covered by an EIS at the feasibility report stage or if 
there have been major changes in the project plan which may cause 
significantly different or additional new impacts.
    (3) Proposed repayment contracts and water service contracts or 
amendments thereof or supplements thereto, for irrigation, municipal, 
domestic, or industrial water where NEPA compliance has not already 
been accomplished.
    (4) Proposed modifications to existing projects or proposed changes 
in the programmed operation of an existing project that may cause a 
significant new impact.
    (5) Proposed initiation of construction of a project or major unit 
thereof, if not already covered by an EIS, or if significant new 
impacts are anticipated.
    (6) Proposed major research projects where there may be significant 
impacts resulting from experimentation or other such research 
activities.
    B. If, for any of these proposals it is initially decided not to 
prepare an EIS, an EA will be prepared and handled in accordance with 
Section 1501.4(e)(2).

14.5  Categorical Exclusions

    In addition to the actions listed in the Departmental categorical 
exclusions outlined in Appendix 1 of 516 DM 2, many of which the Bureau 
also performs, the following Bureau actions are designated categorical 
exclusions unless the action qualifies as an exception under 516 DM 
2.3A(3):
    A. General Activities.
    (1) Changes in regulations or policy directives and legislative 
proposals where the impacts are limited to economic and/or social 
effects.
    (2) Training activities of enrollees assigned to the various youth 
programs. Such training may include minor construction activities for 
other entities.
    (3) Research activities, such as nondestructive data collection and 
analysis, monitoring, modeling,

[[Page 52239]]

laboratory testing, calibration, and testing of instruments or 
procedures and nonmanipulative field studies.
    B. Planning Activities.
    (1) Routine planning investigation activities where the impacts are 
expected to be localized, such as land classification surveys, 
topographic surveys, archeological surveys, wildlife studies, economic 
studies, social studies, and other study activity during any planning, 
preconstruction, construction, or operation and maintenance phases.
    (2) Special, status, concluding, or other planning reports that do 
not contain recommendations for action, but may or may not recommend 
further study.
    (3) Data collection studies that involve test excavations for 
cultural resources investigations for cultural resources investigations 
or test pitting, drilling, or seismic investigations for geologic 
purposes where the impacts will be localized.
    C. Project Implementation Activities.
    (1) Classification and certification of irrigable lands.
    (2) Minor acquisition of land and rights-of-way or easements.
    (3) Minor construction activities associated with authorized 
projects which correct unsatisfactory environmental conditions or which 
merely augment or supplement, or are enclosed within existing 
facilities.
    (4) Approval of land management plans where implementation will 
only result in minor construction activities and resultant increased 
operation and maintenance activities.
    D. Operation and Maintenance Activities.
    (1) Maintenance, rehabilitation, and replacement of existing 
facilities which may involve a minor change in size, location, and/or 
operation.
    (2) Transfer of the operation and maintenance of Federal facilities 
to water districts, recreation agencies, fish and wildlife agencies, or 
other entities where the anticipated operation and maintenance 
activities are agreed to in a contract or a memorandum of agreement, 
follow approved Reclamation policy, and no major change in operation 
and maintenance is anticipated.
    (3) Administration and implementation of project repayment and 
water service contracts, including approval of organizational or other 
administrative changes in contracting entities brought about by 
inclusion or exclusion of lands in these contracts.
    (4) Approval, execution, and implementation of water service 
contracts for minor amounts of long-term water use or temporary or 
interim water use where the action does not lead to long-term changes 
and where the impacts are expected to be localized.
    (5) Approval of changes in pumping power and water rates charged 
contractors by the Bureau for project water service or power.
    (6) Execution and administration of recordable contracts for 
disposal of excess lands.
    (7) Withdrawal, termination, modification, or revocation where the 
land would be opened to discretionary land laws and where such future 
discretionary actions would be subject to the NEPA process, and 
disposal and sale of acquired lands where no major change in usage is 
anticipated.
    (8) Renewal of existing grazing, recreation, management, or cabin 
site leases which do not increase the level of use or continue 
unsatisfactory environmental conditions.
    (9) Issuance of permits for removal of gravel or sand by an 
established process from existing quarries.
    (10) Issuance of permits, licenses, easements, and crossing 
agreements which provide right-of-way over Bureau lands where the 
action does not allow for or lead to a major public or private action.
    (11) Implementation of improved appearance and soil and moisture 
conservation programs where the impacts are localized.
    (12) Conduct of programs of demonstration, educational, and 
technical assistance to water user organizations for improvement of 
project and on-farm irrigation water use and management.
    (13) Follow-on actions such as access agreements, contractual 
arrangements, and operational procedures for hydropower facilities 
which are on or appurtenant to Bureau facilities or lands which are 
permitted or licensed by the Federal Energy Regulatory Commission 
(FERC), when FERC has accomplished compliance with NEPA (including 
actions to be taken by the Bureau) and when the Bureau's environmental 
concerns have been accommodated in accordance with the Bureau/FERC 
Memorandum of Understanding of June 22, 1981.
    (14) Approval, renewal, transfer, and execution of an original, 
amendatory, or supplemental water service or repayment contract where 
the only result will be to implement an administrative or financial 
practice or change.
    (15) Approval of second party water sales agreements for small 
amounts of water (usually less than 10 acre-feet) where the Bureau has 
an existing water sales contract in effect.
    (16) Approval and execution of contracts requiring the repayment of 
funds furnished or expended on behalf of an entity pursuant to the 
Emergency Fund Act of June 26, 1948 (43 U.S.C. 502), where the action 
taken is limited to the original location of the damaged facility.
    (17) Minor safety of dams construction activities where the work is 
confined to the dam, abutment areas, or appurtenant features, and where 
no major change in reservoir or downstream operation is anticipated as 
a result of the construction activities.
    E. Grant and Loan Activities.
    (1) Rehabilitation and Betterment Act loans and contracts which 
involve repair, replacement, or modification of equipment in existing 
structures or minor repairs to existing dams, canals, laterals, drains, 
pipelines, and similar facilities.
    (2) Small Reclamation Projects Act grants and loans where the work 
to be done is confined to areas already impacted by farming or 
development activities, work is considered minor, and where the impacts 
are expected to be localized.
    (3) Distribution System Loans Act loans where the work to be done 
is confined to areas already impacted by farming or developing 
activities, work is considered minor, and where the impacts are 
expected to be localized.

Department of the Interior

Departmental Manual

Effective Date:
Series: Environmental Quality
Part 516: National Environmental Policy Act of 1969
Chapter 15: Managing the NEPA Process--Minerals Management Service
Originating Office: Office of Environmental Policy and Compliance

516 DM 15

15.1 Purpose

    This Chapter provides supplementary requirements for implementing 
provisions of 516 DM 1 through 6 within the Department's Minerals 
Management Service. This Chapter is referenced in 516 DM 6.5.

15.2 NEPA Responsibility

    A. The Director/Deputy Director are responsible for NEPA compliance 
for Minerals Management Service (MMS) activities.
    B. The Associate Director for Offshore Minerals Management is 
responsible for

[[Page 52240]]

ensuring NEPA compliance for all offshore MMS activities.
    C. The Chief, Offshore Environmental Assessment Division (OEAD), is 
responsible for NEPA-related policy and guidance for MMS activities, 
including monitoring MMS activities to ensure NEPA compliance, assuring 
the quality control of MMS environmental documents, and managing the 
review of non-MMS environmental documents. The office is the focal 
point for all NEPA matters and information about MMS environmental 
documents or the NEPA process can be obtained by contacting it or the 
appropriate Region.
    D. The Regional Directors are responsible to the Associate Director 
for Offshore Minerals Management for overall direction and integration 
of the NEPA process into their activities and for NEPA compliance in 
their Regions.

15.3 Guidance to Applicants

    A. General.
    (1) Applicants should make initial contact with the Regional 
Director of the office where the affected action is located.
    (2) Potential applicants may secure from Regional Directors a list 
or program regulations or other directives/guidance providing advice or 
requirements for submission of environmental information. The purpose 
of making these regulations known to potential applicants in advance is 
to assist them in presenting a detailed, adequate, and accurate 
description of the proposal and alternatives when they file their 
application and to minimize the need to request additional information. 
This is a minimum list, and additional requirements may be identified 
after detailed review of the formal submission and during scoping.
    B. Regulations. The following partial list identifies MMS Outer 
Continental Shelf (OCS) regulations and other guidance which may apply 
to a particular application.
    (1) Grants of pipeline rights-of-way and related facilities on the 
OCS (30 CFR Part 256, Subpart N).
    (2) Exploration, development and production activities, 
Environmental Report (30 CFR Part 250, Sec. 250.34-3).
    (3) Air quality (30 CFR Part 250, Sec. 250,57).
    (4) Geological and geophysical explorations of the OCS (30 CFR Part 
251. Sec. 251.6-2(b)).
    (5) OCS Pipelines Rights-of-Ways. A Procedure Handbook.
    (6) Guidelines for Preparing OCS Environmental Reports.

15.4 Major Actions Normally Requiring an EIS

    A. The following proposals will normally require the preparation of 
an EIS:
    (1) Approval of a 5-year offshore oil and gas leasing program.
    (2) Approval of offshore lease sales.
    (3) Approval of an offshore oil and gas development and production 
plan in any area or region of the offshore, other than the central or 
western Gulf of Mexico, when the plan is declared to be a major Federal 
action in accordance with section 25(e)(1) of the OCS Lands Act 
Amendments of 1978.
    B. If, for any of these actions, it is proposed not to prepare an 
EIS, an environmental assessment will be prepared and handled in 
accordance with Section 1501.4(e)(2).

15.4  Categorical Exclusions

    In addition to the actions listed in the Departmental categorical 
exclusions outlined in Appendix I of 516 DM 2, many of which the MMS 
also performs, the following MMS actions are designated categorical 
exclusions unless the action qualifies as an exception under Appendix 2 
of 516 DM 2:
    A. General.
    (1) Inventory, data, and information collection, including the 
conduct of environmental monitoring and nondestructive research 
programs.
    (2) Actions for which MMS has concurrence or co-approval with 
another Bureau if the action is a categorical exclusion for that 
Bureau.
    B. Internal Program Initiatives.
    (1) All resource evaluation activities including surveying, 
mapping, and geophysical surveying which do not use solid or liquid 
explosives.
    (2) Collection of geologic data and samples including geologic, 
paleontologic, mineralogic, geochemical, and geophysical investigations 
which does not involve drilling beyond 50 feet of consolidated rock or 
beyond 300 feet of unconsolidated rock, including contracts therefor.
    (3) Acquisition of existing geological or geophysical data from 
otherwise private exploration ventures.
    (4) Well logging, digital modeling. inventory of existing wells, 
and installation of recording devices in wells.
    (5) Establishment and installation of any research/monitoring 
devices.
    (6) Test or exploration drilling and downhole testing included in a 
project previously subject to the NEPA process.
    (7) Insignificant revisions to the approved 5-year leasing program.
    (8) Prelease planning steps such as the Call for Information and 
Area Identification.
    C. Permit and Regulatory Functions.
    (1) Issuance and modification of regulations, Orders, Standards, 
Notices to Lessees and Operators. Guidelines and field rules for which 
the impacts are limited to administrative, economic, or technological 
effects and the environmental impacts are minimal.
    (2) Approval of production measurement methods, facilities, and 
procedures.
    (3) Approval of off-lease storage in existing facilities.
    (4) Approval of unitization Agreements, pooling, or communitization 
agreements.
    (5) Approval of commingling of production.
    (6) Approval of suspensions of operations and suspensions of 
production.
    (7) Approval of lease consolidation applications, lease assignments 
or transfers, operating rights, operating agreements, lease extensions, 
lease relinquishments, and bond terminations.
    (8) Administration decisions and actions and record keeping such 
as:
    (a) Approval of applications for pricing determinations under the 
Natural Gas Policy Act.
    (b) Approval of underground gas storage agreements from a presently 
or formerly productive reservoir.
    (c) Issuance of paying well determinations and participating area 
approvals.
    (d) Issuance of drainage determinations.
    (9) Approval of offshore geological and geophysical mineral 
exploration activities, except when the proposed activity includes the 
drilling of deep stratigraphic test holes or uses solid or liquid 
explosives.
    (10) Approval of an offshore lease or unit exploration. 
development/production plan or a Development Operation Coordination 
Document in the central or western Gulf of Mexico (30 CFR ZSO.2) except 
those proposing facilities: (1) In areas of high seismic risk or 
seismicity, relatively untested deep water, or remote areas, or 
(2)within the boundary of a proposed or established marine sanctuary, 
and/or within or near the boundary of a proposed or established 
wildlife refuge or areas of high biological sensitivity; or (3) in 
areas of hazardous natural bottom conditions; or (4) utilizing new or 
unusual technology.
    (11) Approval of minor revisions of or minor variances from 
activities described in an approved offshore

[[Page 52241]]

exploration or development/production plan, including pipeline 
applications.
    (12) Approval of an Application for Permit to Drill (APD) an 
offshore oil and gas exploration or development well, when said well 
and appropriate mitigation measures are described in an approved 
exploration plan, development plan, production plan, or Development 
Operations Coordination Document.
    (13) Preliminary activities conducted on-a lease prior to approval 
of an exploration or development/production plan or a Development 
Operations Coordination Plan. These are activities such as geological, 
geophysical, and other surveys necessary to develop a comprehensive 
exploration plan, development/production plan, or Development 
Operations Coordination Plan.
    (14) Approval of Sundry Notices and Reports on Wells.
    (15) Rights-of-ways, easements, temporary use permits, and any 
revisions thereto that do not result in a new pipeline corridor to 
shore.
    D. Royalty Functions. All functions of the Associate Director for 
Royalty Management including, but not limited to, such activities as: 
approval of royalty payment procedures, including royalty oil 
contracts; and determinations concerning royalty quantities and values, 
such as audits, royalty reductions, collection procedures, reporting 
procedures, and any actions taken with regard to royalty collections 
(including similar actions relating to net profit and windfall profit 
taxes).

[FR Doc. 00-21245 Filed 8-25-00; 8:45 am]
BILLING CODE 4310-RG-P