[Federal Register Volume 68, Number 171 (Thursday, September 4, 2003)]
[Notices]
[Pages 52595-52608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22489]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

[516 DM 1-15]


National Environmental Policy Act Revised Implementing Procedures

AGENCY: Department of the Interior.

ACTION: Notice of proposed revised procedures.

-----------------------------------------------------------------------

SUMMARY: This notice proposes revised Departmental policies and 
procedures for compliance with the National Environmental Policy Act 
(NEPA), as amended, Executive Order 11514, as amended, Executive Order 
12114, 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/. 
For comparison purposes, the 1980 chapters that are currently in force 
presently appear at this Web site. These proposed procedures do not 
change any bureau procedures (see SUPPLEMENTARY INFORMATION below).

DATES: Submit comments on or before October 6, 2003.

ADDRESSES: Comments may be mailed to: Department of the Interior; NEPA 
Revised Implementing Procedures; c/o The Content Analysis Team; US 
Forest Service; P.O. Box 221150; Salt Lake City, UT 84122. Comments may 
also be faxed to the Content Analysis Team at: 801-517-1015. Finally 
comments may be e-mailed to the team at: [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 the current chapters, the Department's 
bureaus published appendices to Chapter 6 to further describe each 
bureau's NEPA compliance program. In order to more efficiently handle 
these appendices in the ELIPS system, it has been decided to rename 
them as new chapters to this DM part. Therefore, this publication 
expands the chapter numbering system from 516 DM 8 through 516 DM 15 to 
contain the old bureau appendices. These chapters have already received 
public review and are final. They may be viewed and downloaded from 
ELIPS. Comments are not being requested on these chapters. Chapters 8 
through 15 may be revised in the future to further conform to the 
revised Chapters 1-7. If so, they will each appear for comment in the 
Federal Register at the appropriate time. In accordance with 1507.3 of 
the CEQ Regulations, this Department is consulting with CEQ and is 
hereby requesting public review and comment on the proposed procedures.
    Background: On August 28, 2000, the Department published these 
procedures in draft form and invited the public to make comments. 
Several reviewers requested a time extension, and a time extension was 
granted through the close of business on November 13, 2000. That 
publication has never been made final, and all comments received to 
date on that publication have been read, analyzed, and considered in 
the revision process. Internal Departmental review and revision has 
continued throughout 2001 and 2002. In early 2003, the Department held 
four listening sessions to seek views and comments on this process. 
Those sessions were held in Washington, DC; Denver, CO; Portland, OR; 
and Anchorage, AK. Again, those comments have been taken into account 
in revising these chapters. The procedures have also been recirculated 
in the Department for further review and clearance by each bureau and 
assistant secretary.
    Procedural Requirements: The following list of procedural 
requirements has been assembled and addressed to contribute to this 
open review process. Today's publication is a notice of draft, internal 
Departmental action and not a rulemaking. However, we have addressed 
the various procedural requirements that are generally applicable to 
proposed and final rulemaking to show how they would affect this notice 
if it were a rulemaking.

Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) it has 
been determined that this action is the implementation of policy and 
procedures applicable only to the Department of the Interior and not a 
significant regulatory action. These policies and procedures would not 
impose a compliance burden on the general economy.

Administrative Procedures Act

    This document is not subject to prior notice and opportunity to 
comment because it is a general statement of policy and procedure [(5 
U.S.C. 553(b)(A)]. However, notice and opportunity to comment is 
required by the CEQ Regulations [40 CFR 1507.3(a)].

Regulatory Flexibility Act

    This document is not subject to notice and comment under the 
Administrative Procedures Act, and, therefore, is not subject to the 
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.). This document provides the Department with policy and 
procedures under NEPA and does not compel any other party to conduct 
any action.

Small Business Regulatory Enforcement Fairness Act

    These policies and procedures do not comprise a major rule under 5 
U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. 
The document will not have an annual effect on the economy of $100 
million or more and is expected to have no significant economic 
impacts. Further, it will not cause a major increase in costs or prices 
for consumers, individual industries, Federal, State, or local 
government agencies, or geographic regions and will

[[Page 52596]]

impose no additional regulatory restraints in addition to those already 
in operation. Finally, the document does not have significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or the ability of United States based enterprises to 
compete with foreign based enterprises.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501, 
et seq.), this document will not significantly or uniquely affect small 
governments. A Small Government Agency Plan is not required. The 
document does not require any additional management responsibilities. 
Further, this document will not produce a Federal mandate of $100 
million or greater in any year, that is, it is not a significant 
regulatory action under the Unfunded Mandates Reform Act. These 
policies and procedures are not expected to have significant economic 
impacts nor will they impose any unfunded mandates on other Federal, 
State, or local government agencies to carry out specific activities.

Federalism

    In accordance with Executive Order 13132, this document does not 
have significant Federalism effects; and, therefore, a Federalism 
assessment is not required. The policies and procedures will not have 
substantial direct effects on the States, on the relationship between 
the Federal government and the States, or on the distribution of power 
and responsibilities among the various levels of government. No 
intrusion on State policy or administration is expected, roles or 
responsibilities of Federal or State governments will not change, and 
fiscal capacity will not be substantially, directly affected. 
Therefore, the document does not have significant effects or 
implications on Federalism.

Paperwork Reduction Act

    This document does not require information collection as defined 
under the Paperwork Reduction Act. Therefore, this document does not 
constitute a new information collection system requiring Office of 
Management and Budget (OMB) approval under the Paperwork Reduction Act 
(44 U.S.C. 3501 et seq.).

National Environmental Policy Act

    The Council on Environmental Quality does not direct agencies to 
prepare a NEPA analysis or document before establishing agency 
procedures that supplement the CEQ regulations for implementing NEPA. 
Agency NEPA procedures are internal procedural guidance to assist 
agencies in the fulfillment of agency responsibilities under NEPA, but 
are not the agency's final determination of what level of NEPA analysis 
is required for a particular proposed action.

Essential Fish Habitat

    We have analyzed this document in accordance with section 305(b) of 
the Magnuson-Stevens Fishery Conservation and Management Act and 
determined that issuance of this document will not affect the essential 
fish habitat of Federally managed species; and, therefore, an essential 
fish habitat consultation on this document is not required.

Consultation and Coordination with Indian Tribal Governments

    In accordance with Executive Order 13175 of November 6, 2000, and 
512 DM 2, we have assessed this document's impact on tribal trust 
resources and have determined that it does not directly affect tribal 
resources since it describes the Department's procedures for its 
compliance with NEPA.

Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use

    Executive Order 13211 of May 18, 2001, requires a Statement of 
Energy Effects for significant energy actions. Significant energy 
actions are actions normally published in the Federal Register that 
lead to the promulgation of a final rule or regulation and may have any 
adverse effects on energy supply, distribution, or use. We have 
explained above that this document is an internal Departmental Manual 
part which only affects how the Department conducts its business under 
the National Environmental Policy Act. This manual part is not a 
rulemaking; and, therefore, not subject to Executive Order 13211.

Actions to Expedite Energy-Related Projects

    Executive Order 13212 of May 18, 2001, requires agencies to 
expedite energy-related projects by streamlining internal processes 
while maintaining safety, public health, and environmental protections. 
Today's publication is in conformance with this requirement as it 
promotes existing process streamlining requirements and revises the 
text to emphasize this concept (see Chapter 4, subpart 4.16).

Government Actions and Interference with Constitutionally Protected 
Property Rights

    In accordance with Executive Order 12630 (March 15, 1988) and Part 
318 of the Departmental Manual, the Department has reviewed today's 
notice to determine whether it would interfere with constitutionally 
protected property rights. Again, we believe that as internal 
instructions to bureaus on the implementation of the National 
Environmental Policy Act, this publication would not cause such 
interference.

    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; Executive Order 12114, 
Environmental Effects Abroad of Major Federal Actions; and the 
regulations of the Council on Environmental Quality (CEQ) 
implementing the procedural provisions of NEPA (40 CFR 1500-1508; 
identified in this Part 516 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 the fullest practicable extent, to encourage public 
involvement in the development of Departmental plans and programs 
through local partnerships at the beginning of the NEPA process, and 
to provide timely information to the public to better assist in 
understanding such plans and programs affecting environmental 
quality and those aspects of the human environment as identified in 
Section 101 of NEPA;
    C. To interpret and administer, to the fullest extent possible, 
the policies,

[[Page 52597]]

regulations, and public laws of the United States administered by 
the Department in accordance with the requirements of NEPA;
    D. To consider and give important weight to environmental 
factors, along with other societal needs, 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, particularly, State, local, Alaska Native 
Corporations, and Indian tribal governments in the development and 
implementation of the Department's plans and programs affecting 
environmental quality and, in turn, to give consideration to those 
activities that succeed in best addressing State and local concerns;
    F. To be innovative in natural resource protection and 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;
    G. To rigorously integrate systematic, interdisciplinary 
approaches into the design of all activities and to base decision 
making on adequate environmental data in order to identify 
reasonable alternatives to proposed actions that will avoid or 
minimize adverse environmental impacts;
    H. Where necessary, to monitor, evaluate, and control activities 
to protect and enhance the quality of the environment and to base 
decision making on monitoring data and evaluation results; and
    I. 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 (AS/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, Executive Order 
11514, as amended, the CEQ Regulations, and this Part for bureaus 
and offices under their jurisdiction.
    (2) Shall ensure that, to the fullest extent possible, the 
policies, regulations, and public laws of the United States 
administered under their jurisdiction are interpreted and 
administered in accordance with the requirements of NEPA.

D. Heads of Bureaus and Offices

    (1) Must comply with the provisions of NEPA, Executive Order 
11514, as amended, the CEQ Regulations, and this Part.
    (2) Shall 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 
requirements of NEPA.
    (3) Shall 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) Shall monitor, evaluate, and control on a continuing basis 
their activities as needed to protect and enhance the quality of the 
environment. Such activities will include both those directed to 
controlling pollution and enhancing the environment and those 
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. They will assess 
progress in meeting the specific objectives of such activities as 
they affect the quality of the environment.
    (5) Shall, in furtherance of public participation practices (see 
1.2B, above), ensure that consensus-based management \1\ and 
community-based NEPA training \2\ are made available and used in all 
NEPA compliance activities. Will ensure that the Department's 
collaborative efforts under this part comply with the Federal 
Advisory Committee Act (FACA), 5 U.S.C., Appendix.\3\
---------------------------------------------------------------------------

    \1\ Consensus-based management in the NEPA context is the full 
inclusion of all stakeholders with some assurance for the 
participants that the results of their work will be given serious 
consideration by the decision maker in selecting a course of action. 
It is a logical outgrowth of public participation.
    \2\ Community-based training in the NEPA context is the training 
of local participants in the intricacies of the environmental 
planning and decision making effort as it relates to the local 
community(ies). It should de-mystify the process and inform 
participants how to become effectively involved.
    \3\ To ensure FACA compliance, each bureau and office will 
verify whether FACA applies, and will ensure that the FACA 
requirements are followed anytime the Department utilizes (i.e. 
manages and controls) or establishes a group to be consulted or to 
provide recommendations to a Departmental official.
---------------------------------------------------------------------------

    (6) Shall use tiered and transferred analyses to help avoid 
needless repetition. They will require decision makers to produce 
NEPA documents that save resources and reduce the public's 
perception that NEPA documents merely accomplish compliance with a 
process and do not add to the general knowledge of environmental 
impacts to natural resources.
    (7) Shall use adaptive management (see 516 DM 4.16) to fully 
comply with 40 CFR 1505.2 which requires a monitoring and 
enforcement program to be adopted, where applicable, for any 
mitigation activity.

E. Heads of Regional, Field, or Area Offices

    (1) Shall comply fully with NEPA policies and procedures.
    (2) Shall use information obtained in the NEPA process, 
including pertinent information provided by State and local 
agencies, Indian tribal governments, and interest groups, to 
identify reasonable alternatives to proposed actions that will avoid 
or minimize adverse impacts to the human environment while improving 
overall environmental results.
    (3) Shall monitor, evaluate, and control their activities on a 
continuing basis to further protect and enhance 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 societal needs 
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. Various Departmental conflict resolution mechanisms are 
available to assist this balancing effort.
    (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 contain or reference supporting 
and underlying economic, environmental, technological, and other 
societal analyses in language that all participants can understand 
and use.
    (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 that would reduce, 
mitigate or prevent adverse environmental impacts or that 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.
    (4) Environmental analyses shall strive to provide baseline data 
where possible and shall provide monitoring and evaluation tools as 
necessary to ensure that an activity

[[Page 52598]]

is implemented as contemplated by the NEPA analysis. Baseline data 
gathered for these analyses may include pertinent social, economic, 
and environmental data.
    (5) If proposed actions are planned for the same geographic area 
or are otherwise closely related, environmental analysis should be 
integrated to ensure adequate consideration of resource use 
interactions, to reduce resource conflicts, to establish baseline 
data, to monitor and evaluate changes in such data, to adapt actions 
or groups of actions accordingly, and to comply with NEPA and the 
CEQ Regulations. Proposals shall not be segmented in order to reduce 
the levels of environmental impacts reported in NEPA documents.
    (6) When proposed actions involve approval processes of other 
agencies, the Department shall use its lead role to identify 
opportunities to consolidate those processes.

B. In Internally Initiated Proposals

    Officials responsible for development or conduct of planning and 
decisionmaking systems within the Department shall incorporate 
environmental planning as an integral part of these systems in order 
to ensure that environmental values and impacts are fully 
considered, facilitate any necessary documentation of those 
considerations, and identify reasonable alternatives in the design 
and implementation of activities that minimize adverse environmental 
impacts. An interdisciplinary approach shall be initiated at the 
earliest possible time to provide for consultation among all 
participants for each planning or decision making endeavor. This 
interdisciplinary approach should, to the extent possible, have the 
capacity to consider innovative and creative solutions from all 
participants.

C. In Externally Initiated Proposals

    Officials responsible for the 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. As 
with internally initiated proposals, officials shall encourage 
applicants and other interested parties to consult with the 
Department and provide their comments, recommendations, and 
suggestions for improvement.

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. Such efforts should, in accordance with 
FACA, include consensus-based management whenever possible. This is 
a planning process that incorporates direct community involvement 
into bureau activities from initial scoping to implementation of the 
bureau or office decision. All bureau NEPA and planning procedures 
will be made available to the public.
    (2) Bureaus and offices will use, 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 
consultation, coordination, and cooperation with others, especially 
State, local, and Indian tribal governments.
    (3) Bureaus and offices are encouraged to expand, develop, and 
use new forms of notification, coordination, and review, 
particularly by electronic means and the Internet. Bureaus are also 
encouraged to stay abreast of and use new technologies in 
environmental data gathering and problem solving.

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 other 
entities 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 and consistent with the foreign policy of the 
United States, appropriate support will be made available (in 
consultation with States or Tribal governments, if applicable) 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 organizations 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 ensure full cooperation with, and understanding of, the 
Department's programs and interests in natural, cultural, and human 
resources.
    (3) Bureaus and offices will use, to the fullest extent 
possible, existing Departmental review mechanisms to avoid 
unnecessary duplication of effort and to avoid confusion by other 
organizations.
    (4) Bureaus and offices will work closely with other Federal 
agencies to ensure that similar or related proposed actions in the 
same geographic area are fully evaluated to determine if agency 
analyses can be integrated so that one NEPA compliance document can 
be used by all for their individual permitting and licensing needs.

1.6 Public Involvement

    A. Bureaus and offices, in consultation with the Office of 
Communications, will develop and implement procedures to ensure the 
fullest practicable provision of timely public information and 
understanding of their plans and programs with environmental impacts 
including information on the environmental impacts of alternative 
courses of action. This is to include public involvement in the 
development of NEPA analyses and documents.
    B. These procedures will include, wherever appropriate, 
provision for public meetings in order to obtain the views of 
interested parties, newsletters, and status reports of NEPA 
compliance activities. Public information shall include all 
necessary policies and procedures concerning plans and programs in a 
readily accessible, consistent format.
    C. Bureaus and offices will also coordinate and collaborate with 
State and local agencies and Indian tribal governments in developing 
and using 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, Executive Orders 11514, as amended by 11991 (Protection 
and Enhancement of Environmental Quality) and 12114 (Environmental 
Effects Abroad of Major Federal Actions), and the CEQ Regulations.
    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 NEPA statute; Executive Orders 11514, 11991, and 12114; or 
the mandatory provisions of the CEQ Regulations, the laws, executive 
orders, and 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.
    D. Instructions specific to each bureau are 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 handbooks or other technical 
guidance for their personnel on how to apply this Part to principal 
programs. In the case of any apparent discrepancies between these 
procedures and bureau handbooks or technical guidance, 516 DM 2-7 
shall govern.

Department of the Interior

Departmental Manual

    Effective Date:

[[Page 52599]]

    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 (40 CFR 1501.2)

    A. Bureaus shall initiate early consultation and coordination 
with other bureaus and any Federal agency having jurisdiction by law 
or special expertise with respect to any environmental issue that 
should be addressed, and with appropriate Federal, State, local and 
Indian tribal governments authorized to develop and enforce 
environmental standards or to manage and protect natural resources.
    B. Bureaus shall also initiate the consultation process with 
interested parties and organizations at the time an application is 
received, or when the bureau initiates action on an agency plan or 
project requiring NEPA compliance.
    C. Bureaus shall revise or amend program regulations, 
requirements, and directives to ensure 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, or State, local, or Indian tribal governments 
required prior to making the application. A discussion and a list of 
these regulations, requirements, and directives are found in 516 DM 
6.4 and 6.5. The specific regulations, requirements, and directives 
for each bureau are found in separate chapters of this Part 
beginning with Chapter 8.
    D. It is imperative that bureaus enlist the participation of all 
stakeholders as early as possible (including any necessary 
community-based training) in order to reduce costs, prevent delays, 
and to promote efficiency in the NEPA process. It is the intent of 
these procedures to achieve early consensus on the scope of NEPA 
compliance and the methodologies for collecting needed baseline 
data. Consensus-based management [as described in 516 DM 1.5(A)(1)] 
should be used to facilitate this process. Further, it is the intent 
of these procedures to avoid the late introduction of issues and 
alternatives that should have been identified initially during 
scoping.
    E. Bureaus shall engage in a rigorous interdisciplinary approach 
at the earliest possible time to ensure adequate identification and 
consideration of the wide variety of environmental factors and 
considerations inherent in NEPA compliance activities.

2.3 Whether To Prepare an Environmental Impact Statement (EIS) (40 
CFR 1501.4)

A. Categorical Exclusions (CX) (40 CFR 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 individual or cumulative 
effect on the quality of the human environment [NEPA; Section 
102(2)(c)]; and (b) The action or group of actions would not involve 
unresolved conflicts concerning alternative uses of available 
resources [NEPA; Section 102(2)(e)].
    (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. Note that 1508.18(a) excludes judicial or administrative 
civil or criminal enforcement actions.
    (3) The CEQ Regulations at 40 CFR 1508.4 require agency 
procedures to provide for extraordinary circumstances in which a 
normally excluded action may have a significant environmental effect 
thus requiring additional analysis and action. The exceptions to 
categorical exclusions listed in Appendix 2 of this Chapter apply to 
extraordinary circumstances in which a normally excluded action may 
have a significant environmental effect. Any action that is normally 
categorically excluded must be subjected to sufficient environmental 
review to determine whether it meets any of the extraordinary 
circumstances, in which case, environmental documents must be 
prepared for the action. Bureaus are reminded and encouraged to work 
within existing administrative frameworks, including any existing 
programmatic agreements, when deciding how to apply any of the 
Appendix 2 extraordinary circumstances.

B. Environmental Assessment (EA) (40 CFR 1508.9)

    See 516 DM 3. Decisions/actions which would normally require the 
preparation of an EA will be identified in each bureau chapter 
beginning with Chapter 8.

C. Finding of No Significant Impact (FONSI) (40 CFR 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)4 in reference to the EA.

D. Notice of Intent (NOI) (40 CFR 1508.22.).

    An NOI will be prepared as soon as practicable after a decision 
to prepare an EIS and shall be published in the Federal Register, 
with a copy to the 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 EIS 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 (40 CFR 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.
    F. Existing environmental analyses should be used in analyzing 
impacts of a proposed action to the extent possible and appropriate. 
CEQ Regulations encourage agencies to make the best use of existing 
NEPA documents and to avoid redundancy and unneeded paperwork 
through supplementing, incorporating by reference, or adopting 
previous environmental analyses. Use of existing documents carries 
with it a presumption that the bureaus will determine, in a 
deliberative manner and through agency procedures, that existing 
environmental analyses still adequately cover current actions.

2.4 Lead Agencies (40 CFR 1501.5)

    A. The AS/PMB shall designate lead bureaus within the Department 
when bureaus under more than one Assistant Secretary are involved 
and cannot reach agreement on lead bureau status. The AS/PMB shall 
represent the Department in consultations with CEQ or other Federal 
agencies in the resolution of lead agency determinations.
    B. Bureaus will inform the OEPC of any agreements to assume lead 
agency status. OEPC will assist in the coordination and 
documentation of any AS/PMB designations made in 2.4A.
    C. To eliminate duplication with State and local procedures, a 
non-Federal agency (including Indian tribal governments) 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.
    D. In general, 40 CFR 1501.5 describes the selection of lead 
agencies, the settlement of lead agency disputes, and the concept of 
joint lead. While the joint lead relationship is not precluded among 
several Federal agencies, the Department recommends that it be 
applied sparingly. Instead, the Department recommends that one 
Federal agency be selected as the lead with the remaining Federal, 
State, Indian tribal governments, and local agencies assuming the 
role of cooperating agency. In this manner, the other Federal, 
State, and local agencies can ensure themselves that the ensuing 
NEPA document will meet their needs for adoption and application to 
their related decision, if one exists. If joint lead is dictated by 
other law, regulation, policy, or practice, then only one Federal 
agency may be the official filing agency for the EIS.
    E. Lead agency designations may be required by law in certain 
circumstances.

[[Page 52600]]

2.5 Cooperating Agencies (40 CFR 1501.6)

    A. The OEPC will assist Bureaus in determining cooperating 
agencies and coordinate requests from non-Interior agencies.
    B. Bureaus will inform the OEPC of any agreements to assume 
cooperating agency status or any declinations pursuant to Section 
1501.6(c).
    C. Upon the request of the lead agency, any Federal agency with 
jurisdiction by law shall, and any Federal agency with special 
expertise may, be a cooperating agency. Any non-Federal agency 
(State, tribal, or local) may be a cooperating agency by agreement 
when it has jurisdiction by law (40 CFR 1508.15) or special 
expertise (40 CFR 1508.26) and meets the requirements of 40 CFR 
1501.6. 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.\4\
---------------------------------------------------------------------------

    \4\ CEQ guidance to agencies dated July 28, 1999, and January 
30, 2002, urges agencies to more actively solicit participation of 
Federal, State, tribal, and local governments as cooperating 
agencies.
---------------------------------------------------------------------------

    D. Bureaus and potential cooperating agencies may determine by 
letter or memorandum their respective roles, assignment of issues, 
and commitment to keeping the NEPA process on track and within time 
schedules.

2.6 Scoping (40 CFR 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. Bureaus are encouraged 
through scoping to engage the public in the early identification of 
concerns, potential impacts, and possible alternative actions. 
Scoping requires interdisciplinary considerations. Scoping is an 
opportunity to bring agencies and applicants together to lay the 
groundwork for setting time limits, expediting reviews where 
possible, integrating other environmental reviews, and identifying 
any major obstacles that could delay the process.
    C. Scoping should encourage the responsible official to 
integrate analyses required by other environmental laws. Scoping 
should also be used to integrate other planning activities for 
separate projects that may have similar or cumulative impacts. 
Integrated analysis facilitates the resolution of resource conflicts 
and minimizes redundancy.
    D. Through scoping meetings, newsletters, or other communication 
methods, it should be made clear that the lead agency is ultimately 
responsible for the scope of an EIS and that suggestions obtained 
during scoping (see B and C above) are considered to be advisory.

2.7 Time Limits (40 CFR 1501.8)

    A. Time limits are an important consideration and, when used 
diligently, can contribute greatly to a more efficient NEPA process. 
Bureaus are encouraged to set time limits of their own and to 
respond favorably to applicant requests for time limits and set them 
consistent with the requirements of 40 CFR 1501.8. Bureaus should 
work with cooperating agencies and agencies with which they must 
consult in setting time limits and encourage their commitment in 
meeting the time frames established.
    B. When time limits are established, they should reflect the 
availability of personnel and funds. Efficiency of the NEPA process 
is dependent on the management capabilities of the lead bureau, 
which is encouraged to assemble a sufficiently well qualified staff 
to ensure timely completion of NEPA documents.

Chapter 2; Appendix 1

Departmental Categorical Exclusions

    The following actions are CXs pursuant to 516 DM 2.3A(2). 
However, environmental documents will be prepared for individual 
actions within these CX if any of the extraordinary circumstances 
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 (in accordance with applicable 
procedures for sustainable or ``green'' procurement), 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 Nondestructive data collection, inventory (including field, 
aerial, and satellite surveying and mapping), study, research, and 
monitoring activities.
1.6 Routine and continuing government business, including such 
things as supervision, administration, operations, maintenance, 
renovations, and replacement activities having limited context and 
intensity (e.g., limited size and magnitude or short-term effects).
1.7 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.)
1.8 Legislative proposals of an administrative or technical nature 
(including such things as changes in authorizations for 
appropriations, minor boundary changes, and land title transactions) 
or having primarily economic, social, individual, or institutional 
effects; and comments and reports on referrals of legislative 
proposals.
1.9 Policies, directives, regulations, and guidelines that are of an 
administrative, financial, legal, technical, or procedural nature 
and whose environmental effects 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.
1.10 Activities which are educational, informational, advisory, or 
consultative to other agencies, public and private entities, 
visitors, individuals, or the general public.
1.11 Hazardous fuels reduction activities using prescribed fire not 
to exceed 4,500 acres, and mechanical methods for crushing, piling, 
thinning, pruning, cutting, chipping, mulching, and mowing, not to 
exceed 1,000 acres. Such activities: Shall be limited to areas (1) 
in wildland-urban interface and (2) Condition Classes 2 or 3 in Fire 
Regime Groups I, II, or III, outside the wildland-urban interface; 
Shall be identified through a collaborative framework as described 
in ``A Collaborative Approach for Reducing Wildland Fire Risks to 
Communities and the Environment 10-Year Comprehensive Strategy 
Implementation Plan;'' Shall be conducted consistent with agency and 
Departmental procedures and applicable land and resource management 
plans; Shall not be conducted in wilderness areas or impair the 
suitability of wilderness study areas for preservation as 
wilderness; Shall not include the use of herbicides or pesticides or 
the construction of new permanent roads or other new permanent 
infrastructure; and may include the sale of vegetative material if 
the primary purpose of the activity is hazardous fuels reduction.\5\
---------------------------------------------------------------------------

    \5\ Refer to the Environmental Statement Memoranda Series for 
additional, required guidance.
---------------------------------------------------------------------------

1.12 Post-fire rehabilitation activities not to exceed 4,200 acres 
(such as tree planting, fence replacement, habitat restoration, 
heritage site restoration, repair of roads and trails, and repair of 
damage to minor facilities such as campgrounds) to repair or improve 
lands unlikely to recover to a management approved condition from 
wildland fire damage, or to repair or replace minor facilities 
damaged by fire. Such activities: Shall be conducted consistent with 
agency and Departmental procedures and applicable land and resource 
management plans; Shall not include the use of herbicides or 
pesticides or the construction of new permanent roads or other new 
permanent infrastructure; and Shall be completed within three years 
following a wildland fire.\6\
---------------------------------------------------------------------------

    \6\ Ibid.
---------------------------------------------------------------------------

Chapter 2; Appendix 2

Categorical Exclusions: Extraordinary Circumstances

    Extraordinary circumstances exist for individual actions within 
CXs which may:

2.1 Have significant adverse effects on public health or safety.
2.2 Have adverse effects on such natural resources and unique 
geographic characteristics as historic or cultural

[[Page 52601]]

resources; park, recreation or refuge lands; wilderness areas; wild 
or scenic rivers; national natural landmarks; sole or principal 
drinking water aquifers; prime farmlands; wetlands (Executive Order 
11990); floodplains (Executive Order 11988); national monuments; and 
other ecologically significant or critical areas.
2.3 Have highly controversial environmental effects or involve 
unresolved conflicts concerning alternative uses of available 
resources [NEPA Section 102(2)(E)].
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, in 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 the potential to violate a Federal law, or a State, local, 
or tribal law or requirement imposed for the protection of the 
environment.
2.10 Have the potential for a disproportionately high and adverse 
effect on low income or minority populations (Executive Order 
12898).
2.11 Restrict access to and ceremonial use of Indian sacred sites by 
Indian religious practitioners or adversely affect the physical 
integrity of such sacred sites (Executive Order 13007).
2.12 Significantly contribute to the introduction, continued 
existence, or spread of noxious weeds or non-native invasive species 
known to occur in the area or actions that may promote the 
introduction, growth, or expansion of the range of such species 
(Federal Noxious Weed Control Act and Executive Order 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 
EAs.

3.2 When To Prepare (40 CFR 1501.3)

    A. An EA will be prepared for all actions, except those covered 
by a categorical exclusion, those covered sufficiently by an earlier 
environmental document, or those actions for which a decision has 
already been made to prepare an EIS. The purpose of an EA is to 
allow the responsible official to determine whether to prepare an 
EIS or a FONSI.
    B. In addition, an EA may be prepared on any action at any time 
in order to assist in planning and decision making, to aid an 
agency's compliance with NEPA when no EIS is necessary, or to 
facilitate EIS preparation.

3.3 Public Involvement

    A. The public must be provided notice of the availability of EAs 
(40 CFR 1506.6).
    B. Bureaus and offices, when conducting the EA process, shall 
provide the opportunity for public participation and shall consider 
the public comments on the pending plan or program.
    C. The scoping process may be applied to an EA (40 CFR 1501.7).

3.4 Content

    A. At a minimum, an EA will include brief discussions of the 
proposal, the need for the proposal, alternatives [as required by 
Section 102(2)(E) of NEPA], 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 describe a broader range of 
alternatives and proposed mitigation measures to facilitate 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 would 
be significant environmental effects.
    D. An EA will contain objective analyses that support its 
environmental impact conclusions. It will not conclude whether an 
EIS will be prepared. This conclusion will be made upon review of 
the EA by the responsible bureau official and documented in either a 
NOI or a FONSI.
    E. Previous NEPA analyses should be used in a tiered analysis or 
transferred and used in a subsequent analysis to enhance the content 
of an EA whenever possible.

3.5 Format

    A. An EA may be prepared in any format useful to facilitate 
planning, decision making, and appropriate public participation.
    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 that acknowledges the 
origin of the EA and takes full responsibility for its scope and 
content.
    D. Adoption or augmentation of an EA shall receive the same 
public participation that the EA would have received if it had 
originated with the adopting or augmenting bureau or office.

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 
EIS.

4.2 Statutory Requirements (40 CFR 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 ensure 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 (40 CFR 1502.5)

    A. For such actions as broad programmatic decisions, 
rulemakings, or resource management plans, an EIS should be 
commenced whenever a proposed action has been defined. These types 
of actions can be inherently vague and difficult to analyze until 
the proposed action is defined. At that point, concurrent drafting 
of the proposal and its accompanying EIS should be commenced.
    B. The feasibility analysis (go/no-go) stage, at which time an 
EIS is to be prepared for proposed projects undertaken by DOI, 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 notice of sale 
stage for offshore mineral resources proposals [40 CFR 1502.5(a)].
    C. For situations involving applications to DOI or the bureaus, 
an EIS need not be commenced until an application is essentially 
complete; i.e., any required environmental information is submitted 
and any required advance funding is paid by the applicant [40 CFR 
1502.5(b)].

[[Page 52602]]

4.4 Page Limits (40 CFR 1502.7)

    Bureaus will ensure that the length of EISs is no greater than 
necessary to comply with NEPA, the CEQ regulations, and this 
Chapter.

4.5 Supplemental Statements (40 CFR 1502.9)

    A. Supplements are required if an agency makes substantial 
changes in the proposed action relevant to environmental concerns or 
there are significant new circumstances or information relevant to 
environmental concerns and bearing on the proposed action or its 
impacts.
    B. A bureau and/or the appropriate program Assistant Secretary 
will consult with the OEPC and the Office of the Solicitor prior to 
proposing to CEQ to prepare a supplemental statement using 
alternative arrangements such as issuing 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 not significant and still within the scope of the 
earlier EIS, an EA, and a FONSI may be prepared for subsequent 
decisions rather than a supplement.

4.6 Format (40 CFR 1502.10)

    A. Proposed departures from the standard format described in the 
CEQ regulations and this Chapter must be approved by the OEPC.
    B. The section listing the preparers of the EIS will also 
include other sources of information, including a bibliography or 
list of cited references, when appropriate.
    C. The section listing the distribution of the EIS will also 
fully describe the consultation and public involvement processes 
used in planning the proposal and in preparing the EIS, if this 
information is not discussed elsewhere in the document. The section 
will also describe the level to which the public contributed usable 
data for 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 (40 CFR 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 (40 CFR 1502.12)

    The emphasis in the summary should be on those considerations, 
controversies, and issues that significantly affect the quality of 
the human environment.

4.9 Purpose and Need (40 CFR 1502.13)

    This section shall present the purpose of and need for the 
agency action. The purpose and need shall be described in sufficient 
detail to aid in the development of an appropriate range of 
alternatives. Care should be taken to ensure an objective 
presentation and not a justification.

4.10 Alternatives Including the Proposed Action (40 CFR 1502.14)

    A. The following terms are commonly used in NEPA compliance 
activities and are described below for clarification.
    (1) Range of Alternatives--This term means all reasonable 
alternatives that will be rigorously explored and objectively 
evaluated as well as other alternatives that are eliminated from 
detailed study after providing reasons for their elimination.
    (2) Reasonable Alternatives--This term means alternatives that 
are technically and economically practical or feasible and that meet 
the purpose and need of the proposed action.
    (3) Proposed Action--This term means the agency activity to be 
undertaken. It also means a non-Federal entity's planned activity 
which falls under a Federal agency's authority to issue permits, 
licenses, grants, rights-of-way, or other common Federal regulatory 
instruments. The proposed action is generally the earliest known 
description of the action to be taken. The proposed action is not 
necessarily, but may become, through the NEPA process, a preferred 
alternative or an environmentally preferred alternative. The 
proposed action must be fully and clearly described in order to 
proceed with NEPA analysis.
    (4) Preferred Alternative--This term means the alternative which 
the agency believes would best fulfill its statutory mission and 
responsibilities, while giving consideration to economic, 
environmental, technical, and other factors. It may or may not be 
the same as the agency's or the non-Federal entity's proposed 
action.
    (5) Environmentally Preferred Alternatives--This term means 
alternatives that will promote the national environmental policy as 
expressed in NEPA's Section 101 and can be characterized as causing 
the least damage to the biological and physical environment and best 
protect, preserve, and enhance the nation's historic, cultural, and 
natural resources.
    (6) No Action Alternative--This term has two interpretations. 
First ``no action'' means ``no change'' from a current management 
direction or level of management intensity. Second ``no action'' 
means ``no project'' in cases where a new project is proposed for 
construction. Regardless of the interpretation, the ``no action'' 
alternative is required to be analyzed in an EIS.
    B. 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 bureau's proposed action.
    (2) For externally initiated proposals, i.e., for those cases 
where the Department is reacting to an application or similar 
request,
    (a) the draft and final EIS shall identify the applicant's 
proposed action, and
    (b) the draft EIS should also identify the bureau's preferred 
alternative, if one or more exists, and the final EIS should 
identify the bureau's preferred alternative unless another law 
prohibits the expression of a preference.
    (3) Proposed departures from this guidance must be approved by 
the OEPC and the Office of the Solicitor.
    C. Certain mitigation measures can be clearly integral to the 
proposed action and its alternatives and should be incorporated into 
and analyzed as a part of the proposal and appropriate alternatives. 
When this is done, these measures are no longer considered 
independently with other mitigation. Where appropriate, major 
mitigation measures may be identified and analyzed as separate 
alternatives where the environmental consequences are distinct and 
significant enough to warrant separate evaluation.
    D. In practicing consensus-based management during the 
development of an EIS, bureaus should give full consideration to any 
alternative(s) put forth by participating communities. While there 
can be no guarantee that a community's proposed alternative will be 
taken as the agency proposed action, bureaus must be able to show 
that a community's work is reflected in the evaluation of the 
proposed action and the final decision. To be considered, the 
community's alternative must be fully consistent with NEPA, the CEQ 
Regulations, this Departmental Manual part, and all applicable 
Departmental and bureau written policies and guidance.

4.11 Appendix (40 CFR 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 Tiering (40 CFR 1502.20)

    A. Tiering is a tool to prevent repetitive discussions and to 
focus on issues currently before the decision maker. In this 
process, earlier documents from which later documents are tiered, 
must be reliable and kept current. Tiered documents must make a 
finding that conditions described in earlier documents are still in 
effect or must revise any analyses that are out of date.
    B. In some cases, transferring or combining information from 
previous NEPA documents can be done to reduce repetitive discussions 
and duplication of effort (see 4.20, below).
    C. Bureaus must maintain access to such things as: sources of 
similar information, examples of tiered and transferred analyses, a 
set of procedural steps to make the most of tiered and transferred 
analyses, knowledge of when to use previous material, and how to 
used tiered and transferred analyses without sacrificing references 
to original sources.

4.13 Incorporation by Reference (40 CFR 1502.21)

    Citations of specific topics will include the pertinent page 
numbers. All literature references will be listed in the 
bibliography.

4.14 Incomplete or Unavailable Information (40 CFR 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.

4.15 Methodology and Scientific Accuracy (40 CFR 1502.24)

    Conclusions about environmental effects will be preceded by an 
analysis that supports

[[Page 52603]]

that conclusion unless explicit reference by footnote is made to 
other supporting documentation that is readily available to the 
public.

4.16 Adaptive Management

    Adaptive management is a system of management practices based on 
clearly identified outcomes, monitoring to determine if management 
actions are meeting outcomes, and, if not, facilitating management 
changes that will best ensure that outcomes are met or to re-
evaluate the outcomes. Adaptive management recognizes that knowledge 
about natural resource systems is sometimes uncertain and is the 
preferred method of management in these cases. Bureaus are 
encouraged to build adaptive management practice into their proposed 
actions and NEPA compliance activities and train personnel in this 
important environmental concept.

4.17 Environmental Review and Consultation Requirements (40 CFR 
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.
    C. The draft EIS should list all Federal permits, licenses, or 
approvals that must be obtained to implement the proposal. To the 
fullest extent possible, the environmental analyses for these 
related permits, licenses, and approvals shall be integrated and 
performed concurrently. Bureaus shall ensure that they have a 
process in place to make integrated analyses a standard part of 
their NEPA compliance efforts.

4.18 Inviting Comments (40 CFR 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.
    B. When the proposed action may affect the environment of Indian 
trust or restricted land or other Indian trust resources, trust 
assets, or tribal health and safety, comments will be requested from 
the Indian tribal government unless the Indian tribal government 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. Bureaus may be 
removed from this circulation following consultation with, and 
concurrence of, a bureau.

4.19 Response to Comments (40 CFR 1503.4)

    A. Preparation of a final EIS need not be delayed in those cases 
where a Federal agency, external to DOI and from which comments are 
required to be obtained [40 CFR 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 commenters are late, their comments should be 
included in the final EIS to the extent practicable.
    C. For those EISs requiring the approval of the AS/PMB pursuant 
to 516 DM 6.3, bureaus will consult with the OEPC when they propose 
to prepare an abbreviated final EIS [40 CFR 1503.4(c)].

4.20 Elimination of Duplication with State and Local Procedures (40 
CFR 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 1 to this Chapter.

4.21 Combining Documents (40 CFR 1506.4). See 516 DM 4.6D.

4.22 Departmental Responsibility (40 CFR 1506.5)

    A. Bureaus are responsible for preparation of their 
environmental documents and independent evaluation of environmental 
documents prepared by others for a bureau.
    B. A contractor may be used to prepare any environmental 
document in accordance with the standards of 40 CFR 1506.5(c).

4.23 Public Involvement (40 CFR 1506.6)

    See 516 DM 1.2, 1.3, 1.6, and 301 DM 2.

4.24 Further Guidance (40 CFR 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). Current guidance is located 
in the Environmental Memoranda Series periodically updated by OEPC 
and available on the OEPC Web site.

4.25 Proposals for Legislation (40 CFR 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, ensure that a legislative EIS is included as a 
part of the formal transmittal of a legislative proposal to the 
Congress.

4.26 Time Periods (40 CFR 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 (EPA) of the notice of availability.
    B. For those EISs requiring the approval of the AS/PMB pursuant 
to 516 DM 6.3, the OEPC will be responsible for consulting with the 
EPA and/or CEQ about any proposed reductions in time periods or any 
extensions of time periods proposed by the bureaus.

Chapter 4, Appendix 1

Programs of Grants to States and/or Tribes in Which Agencies Having 
Statewide Jurisdiction May Prepare EISs

1.1 Fish and Wildlife Service

    A. Anadromous Fish Conservation (11.405).\7\
---------------------------------------------------------------------------

    \7\ Citations in parentheses refer to the Catalog of Federal 
Domestic Assistance. Citations are current as of 2003. The catalog 
may be viewed at: http://cfda.gov/.
---------------------------------------------------------------------------

    B. Fish Restoration (15.605).
    C. Wildlife Restoration (15.611).
    D. Endangered Species Conservation (15.615).

1.2 National Park Service

    A. Historic Preservation Grants-in-Aid (15.904).
    B. Outdoor Recreation-Acquisition Development and Planning 
(15.916).

1.3 Office of Surface Mining

    A. Regulation of Surface Coal Mining and Surface Effects of 
Underground Coal Mining (15.250).
    B. Abandoned Mine Land Reclamation Program (15.252).

1.4 Office of Insular Affairs

    A. Economic and Political Development of the Territories and the 
Trust Territory of the Pacific Islands (15.875).

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 (40 CFR 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 
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.

[[Page 52604]]

5.3 Decision Making Procedures (40 CFR 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 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.
    F. To the extent practicable, the decision maker will consider 
other substantive and legal obligations beyond the immediate context 
of the proposed action.

5.4 Record of Decision (40 CFR 1505.2)

    A. Any decision documents prepared pursuant to 301 DM 1 for 
proposals involving an EIS shall 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 (40 CFR 1505.3)

    The terms ``monitoring'' and ``conditions'' will be interpreted 
as being related to factors affecting the quality of the natural and 
human environment.

5.6 Limitations on Actions (40 CFR 1506.1)

    A bureau will immediately notify its Assistant Secretary, the 
Solicitor, and the OEPC of any situations described in Section 
1506.1(b).

5.7 Timing of Actions (40 CFR 1506.10)

    For those EISs requiring the approval of the AS/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 (40 CFR 1506.11)

    In the event of an emergency situation, a bureau will 
immediately take any necessary action to prevent or reduce risks to 
public health or safety or serious resource losses. If the agency 
action has significant environmental impacts, a bureau will 
immediately consult with its Assistant Secretary, the Solicitor, 
OEPC, and (together with OEPC) CEQ about compliance with NEPA. Upon 
learning of the emergency situation, the OEPC will immediately 
notify CEQ. During follow-up activities OEPC and the bureau will 
jointly be responsible for consulting with CEQ. Paragraph 1506.11 
applies only to the emergency and not to any related recovery 
actions after the emergency has passed. If the agency action does 
not have significant environmental impacts, a bureau will consult 
with OPEC to consider any appropriate action.

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, 
OEPC, reporting to the AS/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. (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 AS/PMB will make certain 
that each program Assistant Secretary has adequate safeguards to 
ensure that the EISs comply with NEPA, the CEQ Regulations, and the 
Departmental Manual.
    B. The AS/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 and apply 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 proposed categorical exclusions.
    (4) Approve EISs pursuant to 516 DM 6.3.
    C. The AS/PMB shall:
    (1) Concur with regulations or directives for applicants.
    (2) Concur with proposed 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 periodically publish a Departmental list of bureau 
contacts where information about the NEPA process and the status of 
EISs may be obtained. This list will be available on OEPC's Web 
site.

[[Page 52605]]

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 
(PL 91-190, 83 Stat. 852, January 1, 1970, NEPA); Section 2(f) of 
Executive Order No. 11514 (March 5, 1970); the CEQ Regulations (43 
FR 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 EISs 
prepared by and for other Federal agencies.
    B. In accordance with 112 DM 4.2F, 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 
ensure that the Department responds to these review requests with 
coordinated comments and recommendations under Interior's various 
authorities.

7.2 Policy

    The Department considers it a priority to provide competent and 
timely review comments on EISs and other environmental or 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'' as used in this chapter is separate from and broader than 
the term ``environmental document'' 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 AS/PMB

    Shall be the Department's contact point for the receipt of 
requests for reviews of environmental review documents prepared by 
or for other Federal agencies. This authority shall be carried out 
through the Director, OEPC.

B. The 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 Office of Congressional and 
Legislative Affairs and the Solicitor when environmental reviews 
pertain to legislative or legal matters, respectively.

C. The Office of Congressional and Legislative Affairs

    Shall ensure that requests for reviews of environmental review 
documents prepared by other Federal agencies that accompany or 
pertain to legislative proposals are immediately referred to the AS/
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 expertise in order to assist in assigning review 
responsibilities;
    (3) Shall conduct reviews based upon their areas of jurisdiction 
or special 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 ensure 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 ensure that the policies of 516 DM 7.2 regarding 
competency and timeliness are carried out; and
    (8) Shall provide 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) Federal agencies and applicants for Federal assistance may 
circulate descriptions of proposed actions for the purpose of 
soliciting information concerning environmental impacts in order to 
determine whether to prepare EISs. Such descriptions of proposed 
actions are not substitutes for EISs.
    (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) EAs or reports are not substitutes for EISs. 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 an EIS 
should be prepared, or to provide input into an EIS. If they are 
separately circulated, it is generally for the purpose of soliciting 
additional information concerning environmental impacts.
    (2) Requests for reviews of EAs 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. If a bureau requests and 
OEPC agrees, a control number may be assigned with appropriate 
instructions. 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 by Federal 
agencies to document that there is no need to prepare an EIS. A 
FONSI is a statement for the record by the proponent Federal agency 
that it has reviewed the environmental impact of its proposed action 
(in an EA), that it determines that the action will not 
significantly affect the quality of the human environment, and that 
an EIS 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, with the Regional 
Environmental Officer or Director, OEPC, being advised of 
significant or highly controversial issues.

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 review document under NEPA. Often the NOI and notice 
of scoping meetings and/or

[[Page 52606]]

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 EISs 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 EISs 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 EISs 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 EPA and officially circulated 
to other Federal, State, and local agencies [see 40 CFR 1503.1(a)] 
for review based upon their jurisdiction by law or special 
environmental expertise.
    (2) All requests from other Federal agencies for review of draft 
EISs shall be made through the Director, OEPC. Review comments shall 
be handled in accordance with the provisions of this chapter and 
guidance memoranda may be issued and updated by the OEPC.

G. Final Environmental Impact Statements

    (1) Final EISs are prepared by Federal agencies following 
receipt and consideration of review comments. They are filed with 
the EPA and are circulated to the public for an administrative 
waiting period of thirty days and sometimes for comment.
    (2) The Director, OEPC, shall review final EISs to determine 
whether they reflect adequate consideration of the Department's 
comments. Bureaus and offices shall not comment independently on 
final EISs, 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 EISs. Additional review 
guidance may be made available as necessary to efficiently manage 
this activity. Bureau reviewers should consult with the OEPC for the 
most current review guidance.
    (3) While review of NEPA compliance documents associated with 
Corps of Engineers permit applications is managed in accordance with 
this Chapter, review of Corps of Engineers permit applications is 
managed in accordance with 503 DM 1. Reviewers are referred to that 
Manual Part and to 7.5C.(3) below for the processing of concurrent 
reviews.

I. Project Plans and Reports Without Associated Environmental Review 
Documents

    (1) The Department receives draft and final project plans and 
reports under various authorities which do not have environmental 
review documents circulated with them. This may be because NEPA 
compliance has been completed, will be completed on a slightly 
different schedule, NEPA does not apply, or other reasons.
    (2) Environmental review of these documents is handled in the 
same manner as for draft and final EISs. Additional review guidance 
may be made available as necessary 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 EISs. Additional review guidance 
may be made available as necessary 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 review 
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 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 EISs. Additional review 
guidance may be made available as necessary 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 Review Documents

A. Departmental Comments

    (1) Departmental comments on environmental review 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 capsulate 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 left hand 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.

[[Page 52607]]

    (d) Detailed Comments--
    The format of this section shall follow the organization of the 
other agency's environmental review 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 (if appropriate), 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 EISs 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 EIS, the Department's comments on the proposal shall be 
separately identified and placed in front of the comments on the 
EIS. 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 EIS.
    (2) Where another Federal agency elects to combine other related 
reviews into the review of the EIS 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 
the same general time period as 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. 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 of 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 EIS, the Department shall not independently release to the 
public its comments on that agency's draft EIS. 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 and the Office of the Solicitor.
    B. The availability of 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 is governed by the Freedom of Information Act (5 U.S.C. 
Section 552) and the Departmental procedures established by 43 CFR 
2. Upon receipt of such requests and in addition to following the 
procedures above in A., the responsible bureau or office shall 
notify and consult their bureau Freedom of Information Act Officer 
and the OEPC to coordinate any responses.

7.7 Procedures for Processing Environmental Reviews

A. General Procedures

    (1) All requests for reviews of environmental review 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 review 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 review 
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 review 
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 review 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 review 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 AS/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 review 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 
review 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

[[Page 52608]]

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 word 
processor 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 word processor 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 EIS.
    (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 EIS has been made available to the EPA, 
commenting agencies, and the public in which to file the referral 
unless an extension is granted per 40 CFR 1504.3(b). The referral 
documents must be signed by the Secretary of the Interior.
    (4) Additional review guidance may be made available as 
necessary to efficiently manage this activity. Bureau reviewers 
should consult with the OEPC for the most current review guidance.

[FR Doc. 03-22489 Filed 9-3-03; 8:45 am]
BILLING CODE 4310-RG-P