[Federal Register Volume 65, Number 223 (Friday, November 17, 2000)]
[Notices]
[Pages 69558-69560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29263]


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GENERAL SERVICES ADMINISTRATION

[GSA Order ADM 1095.1F]


Environmental Considerations in Decisionmaking

AGENCY: Public Buildings Service, General Services Administration.

ACTION: Notice of final revisions to internal procedures.

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SUMMARY: This notice announces that GSA is publishing final revised 
internal GSA procedures to be followed in implementing the requirements 
of section 102(2) of the National Environmental Policy Act of 1969, as 
amended (NEPA) (42 U.S.C. 4321, ital.); Executive Order 11514 of March 
5, 1970, entitled ``Protection and Enhancement of Environmental 
Quality,'' and in compliance with regulations of the Council on 
Environmental Quality (40 CFR parts 1500-1508). The intended effect of 
these documents is to enhance GSA's ability to comply with NEPA, to 
exclude certain program actions from the requirement to prepare an 
environmental assessment (EA) or an environmental impact statement 
(EIS), to focus NEPA analysis to those actions that may be major 
Federal actions significantly affecting the quality of the human 
environment, and to make changes reflecting current GSA organization 
structure. These changes affect GSA internal procedures only.

EFFECTIVE DATE: October 19, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. Colin Wagner, NEPA Liaison, 
Environmental Business Strategies, PXE 4046, Public Buildings Service, 
U.S. General Services Administration, 1800 F Street, N.W., Washington, 
D.C. 20405 (202-501-2888).

SUPPLEMENTARY INFORMATION: This revision updates and supercedes the 
February 25, 1985, [FR 7648] and December 8, 1995 GSA Order ADM 
1095.1E. A draft of the procedures was published for public review and 
comment on June 26, 1998. Interested persons were asked to submit 
comments by July 27, 1998. The U.S. Environmental Protection Agency 
(EPA) requested and was given additional time to submit comments. No 
other requests for an extended comment period were received. Responses 
to comments plus other technical changes are described below. Copies of 
the PBS NEPA Desk Guide are available from GSA (see For Further 
Information, above) or on the Internet at: http://www.gsa.gov/pbs/pt/call-in/erlsub4.htm.

(1) Summary

    The revised ADM Order 1095.1F and the PBS NEPA Desk Guide are 
administrative and procedural improvements intended to enhance GSA's 
ability to comply with NEPA and related legal authorities and Executive 
Orders, while also ensuring public involvement in decisionmaking. These 
improvements result from more than 25 years of agency experience with 
NEPA. Development of the revised ADM Order 1095.1F and the PBS NEPA 
Desk Guide was a multi-year process involving GSA National Office and 
Regional Office personnel who represent the agency's collective 
technical and managerial expertise in environmental quality and NEPA 
compliance. Members of the Environmental Quality Advisory Group (EQAG) 
represented GSA business lines and the 11 GSA regions.

(2) Comments and Responses

    GSA received two comments on the proposed revisions, one from a 
Federal agency [USEPA] and one from a State agency.
    a. USEPA provided no specific comments, stating: ``In general, we 
find the revised orders and NEPA Desk Guide to be well written, 
comprehensive, clear and understandable. It serves as a good model for 
other agencies who may need to develop NEPA guidance specific to their 
mission.''
    GSA appreciates the comment.
    b. GSA received a comment from the Wyoming State Geological Survey 
stating that ``studies involving the identification and evaluation of 
paleontologic resources`` on GSA property should be considered an 
automatic categorical exclusion from NEPA.
    GSA disagrees with this comment. GSA believes that under certain 
circumstances evaluation of palentologic resources may involve 
excavations that have the potential to significantly affect the human 
environment, and therefore should be subject to more rigorous NEPA 
review. The NEPA review process is a practical planning tool in which 
GSA identifies other regulatory compliance issues. While excavations of 
paleontologic and archaeological resources are specifically governed by 
other legal authorities (such as the Archaeological Resources 
Protection Act), the integration of NEPA with other legal authorities 
is a policy established in the CEQ regulations. 40 CFR 1500.2(c) 
directs Federal agencies to ``integrate the requirements of NEPA with 
other planning and environmental review procedures required by law or 
by

[[Page 69559]]

agency practice so that all such procedures run concurrently rather 
than consecutively.'' By including other planning and environmental 
reviews within the NEPA process, the process becomes comprehensive and 
cohesive, and issues may be identified. GSA has added a new Checklist 
CATEX that specifically addresses excavations and which requires 
preparation of the CATEX Checklist: 5.4(m): ``Archaeological studies 
permitted under the Archaeological Resources Protection Act (ARPA) and 
paleontological studies.''

(3) Other Changes

    GSA has also identified other paragraphs in the ADM and PBS NEPA 
Desk Guide that needed to be revised. The more substantive changes 
include the following:
    a. Questions were raised as to why GSA needs to issue the new 
guidance in the form of an ADM order, a PBS order, and a PBS NEPA Desk 
Guide. There was substantial duplication between the PBS order and the 
PBS NEPA Desk Guide. The suggestion was to place the information 
contained in the PBS order in either the ADM or the PBS NEPA Desk 
Guide. This change would have no effect on the content or authority of 
the GSA orders.
    This change has been made.
    b. The title ``NEPA Center of Expertise (NCE)'' has been changed to 
``Regional Environmental Quality Advisor (REQA)''
    c. Automatic CATEX 5.3 (a) has been narrowed from ``Issuance of 
easements, licenses, or outleases for use of space in existing Federal 
office buildings, where consistent with local planning and zoning, 
provided Section 106 of the NHPA is complied with where applicable'' to 
``Outleases, licenses, and other arrangements for non-federal use of 
space in existing Federal office buildings, where such use is 
consistent with local planning and zoning, where Section 106 of the 
NHPA is complied with where applicable; and there is no evidence of 
community controversy or unresolved environmental issues.''
    d. Automatic CATEX 5.3(m) has been narrowed by adding the following 
text: ``* * * where there is no evidence of unresolved environmental 
issues.''
    e. One new Automatic CATEX has been added:
    5.3(k) ``Other repair and alteration projects where: 1) no toxic or 
hazardous substances are involved with the project or exist in or on 
the property where the project takes place; 2) no properties listed on 
or eligible for the National Register of Historic Places are involved; 
3) the building envelope or foot-print will not be increased; 4) there 
is no evidence of community controversy; and 5) there is no evidence of 
other unresolved environmental issues.''
    f. Checklist CATEX Section 5.4(d) has been changed from ``Transfer 
of real property to government agencies'' to ``Transfer of real 
property to Federal, State, and local agencies, and Indian tribes.''
    g. Checklist CATEX Section 5.4(h) has been changed from ``Issuance 
of easements, licenses, or outleases for use of space in Federal 
facilities other than existing office buildings'' to ``Outleases, 
licenses, and other arrangements for non-federal use of land or space 
in facilities other than existing Federal office buildings.''
    h. One new Checklist CATEX has been added to Section 5.4 and the 
section has been renumbered accordingly: 5.4(n) Installation of 
antennae consistent with FPMPD-242.
    i. Additional circumstances which trigger a 30-day public review 
period for a FONSI before going ahead with the proposed action or 
deciding to prepare an EIS have been added to Desk Guide Section 
6.10.3. The additional circumstances are based on the Council on 
Environmental Quality's ``Forty Frequently Asked Questions,'' Number 
37b [46 FR 18026, March 23, 1981]:
    (a) If the proposal is a borderline case, i.e., when there is a 
reasonable argument for preparation of an EIS;
    (b) If it is an unusual case, a new kind of action, or a precedent 
setting case such as a first intrusion of even a minor development into 
a pristine area;
    (c) When there is a scientific or public controversy over the 
proposal; or
    (d) When it involves a proposal which is or is closely similar to 
one which normally requires preparation of an EIS.
    (e) If the proposed action would be located in a floodplain or 
wetland.

    Dated: October 19, 1999.
David J. Barram,
Administrator, General Services Administration.

GSA Order

Subject: Environmental Considerations in Decisionmaking

    1. Purpose. This order establishes policy and assigns 
responsibility for implementing the National Environmental Policy Act 
(NEPA), its implementing regulations, and related laws, executive 
orders, and regulations in the decisionmaking processes of the General 
Services Administration (GSA).
    2. Cancellation. ADM 1095.1E, dated December 8, 1995, is canceled.
    3. Background. The National Environmental Policy Act (NEPA) and the 
Government wide implementing regulations of the Council on 
Environmental Quality (40 CFR 1500-1508, hereinafter, the CEQ 
regulations) require that each Federal agency consider the impact of 
its actions on the human environment, and prescribes procedures to be 
followed in doing so. Other laws, executive orders, and regulations 
provide related direction. Each Federal agency is required to implement 
internal procedures to ensure that the requirements of NEPA are met. 
Existing orders are out of date and do not provide for current 
requirements.
    4. Nature of revision. This revision reflects a thorough internal 
review of GSA's systems for implementing NEPA. It replaces an interim 
order, ADM 1095.1E, which was adopted to govern GSA's compliance with 
NEPA while this review took place. This revised order is issued in 
coordination with an explanatory desk guide to NEPA review, which 
together provide GSA with an efficient, up-to-date NEPA compliance 
system that is consistent with principles of accountability, 
flexibility, and environmental responsibility.
    5. Policy: In all its decisionmaking, GSA will attend carefully to 
the National Environmental Policy set forth in Section 101 of NEPA. To 
the maximum extent practicable, GSA will ensure that its actions 
protect and where possible improve the quality of the human 
environment, including the built and sociocultural environments of the 
nation's urban areas. GSA decisionmakers will use the NEPA review 
process prescribed in the CEQ regulations as a practical planning tool, 
and integrate both the NEPA review process and the Section 101 National 
Environmental Policy into decisionmaking in an efficient, cost-
effective manner. The NEPA review process will be initiated at the 
earliest possible stage in planning any GSA action, and will be carried 
forward in coordination with other planning activities. Decisionmakers 
will ensure that they have reviewed and fully understand the 
environmental impacts of each decision, before making any such 
decision. All managers responsible for decisionmaking on GSA actions 
will be accountable for being knowledgeable about, and attendant to, 
the requirements of NEPA and the National Environmental Policy that 
these requirements are designed to advance.
    6. Responsibilities.
    6a. Commission, Public Buildings Service (PBS).
    6.a.(1) The Commissioner acts for the Administrator, GSA, on 
matters relating to NEPA implementation, and oversees

[[Page 69560]]

implementation of this order. This ADM, the NEPA Desk Guide, and 
related direction governs GSA compliance with NEPA and related legal 
authorities.
    6.b. NEPA Liaison.
    6.b.(1) Is the principal GSA advisor on NEPA-related requirments, 
including but not limited to compliance with NEPA and the coordination 
of NEPA compliance with the requirements of the laws and regulations 
listed in Appendix 1 of the NEPA Desk Guide.
    6.b.(2) Provides expert advise on NEPA-related matters to GSA Heads 
of Services, Business Lines, and Regional Administrators.
    6.b.(3) Provides intra-agency and interagency liaison and 
coordination on NEPA-related matters on a national basis.
    6.b.(4) Provides the periodically updates GSA program guidance, 
after consultation with the General Counsel, Heads of Services, 
Business Lines, and Regional Administrators.
    6.b.(5) Provides education and training within GSA pertinent to 
implementation of NEPA and related authorities.
    6.b.(6) Coordinates with GSA's Environmental Executive in 
maintaining a record of GSA's environmental activities, and in 
advancing the national environmental policy articulated in NEPA and 
other statues and executive orders.
    6.b.(7) Serves as GSA representative in coordination with outside 
groups at the national level regarding NEPA-related matters.
    6.c. Regional Administrators.
    6.c.(1) Are accountable for execution of GSA's responsibilities 
under NEPA and related authorities with respect to actions under their 
jurisdiction.
    6.c.(2) Serve as the responsible agency official under CEQ 
regulations with respect to the environmental effects of actions under 
their jurisdiction.
    6.c.(3) Maintain NEPA Regional Environmental Quality Advisors 
(REQA) within their staffs, augmented as necessary through interagency 
agreements and contracts, to ensure regional interdisciplinary 
competence in environmental matters.
    6.c.(4) In consultation with the NEPA Liaison, ensure that all 
regional staff with responsibility for planning, approving, and 
implementing construction, repair, alteration, site and facility 
acquisition, real property management, maintenance, and real property 
disposal receive appropriate training in how to carry out GSA's 
responsibilities under NEPA and related authorities.
    6.d. GSA Environmental Executive.
    6.d.(1) Serves as GSA's Environmental Executive under Executive 
Order 12873.
    6.d.(2) Coordinates with the NEPA Liaison to ensure agency-wide 
consistency in areas of shared or related responisiblity, and in 
advancing the national environmental policy articulated in NEPA and 
other statutes and executive orders.
    6.e. Heads of Services and Business Lines.
    6.e.(1) Serve as the responsible agency officials under CEQ 
regulations for actions subject to their approval.
    6.e.(2) Ensure accountability for implementation of the policy set 
forth in this order.
    6.e.(3) In consultation with the NEPA Liaison, ensure that staff 
responsible for supporting the functions of the responsible agency 
official under CEQ and related authorities receive appropriate training 
in how to carry out GSA's responsibilities.
    6.f. The Office of General Counsel.
    6.f.(1) Is responsible for legal interpretation of NEPA and related 
authorities, and represents GSA in litigation under such authorities.
    6.f.(2) Advises the NEPA Liaison during the development and 
delivery of guidance and training.
    7. Administrative Guidance.
    7.a. The NEPA Liaison has overall program responsibility for 
establishing procedures, training, and professional standards, and for 
maintaining interagency administrative responsibilities and 
relationships. These functions will be carried out at the working level 
by a professional NEPA Liaison staff.
    7.b. Heads of Services and Business Lines will assist and cooperate 
with the NEPA Liaison in the development and delivery of training, as 
well as procedural and program guidance, and act as coordinators for 
program needs of the Services and Business lines on a national basis.
    7.c. Regional Business Lines have responsibility for ensuring that 
NEPA compliance responsibilities are satisfied, and the policy 
articulated in paragraph 5 of this order is followed, with respect to 
their programs and projects. In consultation with the REQA, the 
Business Lines will utilize interdisciplinary professional expertise in 
their implementation of NEPA responsibilities.
    8. Implementation of NEPA and Related Authorities.
    8.a. In accordance with applicable regulations and standards, and 
with program guidance provided by the NEPA Liaison, the responsible 
agency official shall:
    8.a.(1) Ensure that the applicable requirements of NEPA and related 
authorities are met in a timely manner during planning for any GSA 
action, in a manner consistent with the policy articulated in paragraph 
5 of this order.
    8.a.(2) Ensure that mitigation measures established through review 
of actions under NEPA and related authorities are carried out as part 
of implementing the actions.
    8.a.(3) Ensure that the means by which GSA has met its 
responsibilities, and the costs involved in doing so, are fully 
documented.
    8.b. All Heads of Service, Business Lines, and Regional Offices 
will employ the PBS NEPA Desk Guide, issued and periodically updated by 
the NEPA Liaison, as guidance in carrying out this order.
    9. Effective Date. Every effort shall be made to implement the 
provisions of this order immediately.

[FR Doc. 00-29263 Filed 11-16-00; 8:45 am]
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