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Department of the = Interior

Departmental=20 Manual

Effective = Date: = 6/21/05

Series: Environmental = Quality=20 Programs

Part = 516: National Environmental Policy = Act of=20 1969

Chapter = 2: Initiating the NEPA Process

Originating=20 Office: Office of = Environmental=20 Policy and Compliance

516 DM = 2

2.1 = Purpose. This Chapter provides = supplementary=20 instructions for implementing those portions of the CEQ Regulations = pertaining=20 to initiating the NEPA process. = The=20 numbers in parentheses signify the appropriate citation in the CEQ=20 Regulations.

2.2 Apply NEPA = Early=20 (40 CFR 1501.2).

=20 A. = Bureaus shall initiate early consultation and coordination = with=20 other bureaus and any Federal agency having jurisdiction by law or = special=20 expertise with respect to any environmental issue that should be = addressed, and=20 with appropriate Federal, State, local and Indian tribal governments = authorized=20 to develop and enforce environmental standards or to manage and protect = natural=20 resources.

=20 B. = Bureaus shall also initiate the consultation process with = interested=20 parties and organizations at the time an application is received, or = when the=20 bureau initiates action on an agency plan or project requiring NEPA = analyses and=20 documentation.

=20 C. = Bureaus shall revise or amend program regulations, requirements, = and=20 directives to ensure that private or non-Federal applicants are informed = of any=20 environmental information required to be included in their applications = and of=20 any consultation with other Federal agencies, or State, local, or Indian = tribal=20 governments required prior to making the application. A discussion and a list of = these=20 regulations, requirements, and directives are found in 516 DM 6.4 and = 6.5. The specific regulations, = requirements,=20 and directives for each bureau are found in separate chapters of this = Part=20 beginning with Chapter 8.

=20 D. = It=20 is imperative that bureaus enlist the participation of all interested = parties as=20 early as possible and provide any necessary community-based training in = order to=20 reduce costs, prevent delays, and to promote efficiency in the NEPA=20 process. It is the intent = of these=20 procedures to achieve early consensus on the scope of NEPA compliance = and the=20 methodologies for collecting needed baseline data. Consensus-based management [as = described=20 in 516 DM 1.5A(1)] should be used, as appropriate, to facilitate this = process=20 including the consideration of any publicly developed alternatives. However, the use of = consensus-based=20 management may be restricted or ended based on applicable statutory, = regulatory,=20 or policy requirements. = Further, it=20 is the intent of these procedures to facilitate environmental analyses = that=20 avoid the late introduction of issues and alternatives that should have = been=20 identified initially during scoping.

=20 E. = Bureaus shall engage in a rigorous interdisciplinary approach at = the=20 earliest possible time to ensure adequate identification and = consideration of=20 the wide variety of environmental factors and considerations inherent in = NEPA=20 compliance activities.

=20 F. = NEPA applies to Department and bureau decision making and focuses = on=20 major Federal actions significantly affecting the quality of the human=20 environment.

2.3 Whether to = prepare=20 an Environmental Impact Statement (EIS) (40 CFR 1501.4).

=20 A. = Categorical Exclusions (CX) (40 CFR 1508.4).

&nbs= p; =20 (1) =20 Categorical exclusions are defined as a group of actions that = would have=20 no significant individual or cumulative effect on the quality of the = human=20 environment and, for which in the absence of extraordinary = circumstances,=20 neither an environmental assessment nor an environmental impact = statement is=20 required.

&nbs= p; =20 (2) = Based=20 on (1) above, the categories of actions listed in Appendix 1 to this = Chapter are=20 categorically excluded, Department-wide, from the preparation of = environmental=20 assessments or environmental impact statements. A list of CX specific to = bureau programs=20 will be found in the bureau chapters beginning with Chapter=20 8. Note that 1508.18(a) excludes = bringing=20 judicial or administrative civil or criminal enforcement = actions.

&nbs= p; =20 (3) = The CEQ=20 Regulations at 40 CFR 1508.4 require agency procedures to provide for=20 extraordinary circumstances in which a normally excluded action may have = a=20 significant environmental effect thus requiring additional analysis and=20 action. The extraordinary = circumstances to be considered when using categorical exclusions are = listed in=20 Appendix 2 of this Chapter. = Any=20 action that is normally categorically excluded must be subjected to = sufficient=20 environmental review to determine whether it meets any of the = extraordinary=20 circumstances, in which case, further analysis and environmental = documents must=20 be prepared for the action. = Bureaus=20 are reminded and encouraged to work within existing administrative = frameworks,=20 including any existing programmatic agreements, when deciding how to = apply any=20 of the Appendix 2 extraordinary circumstances. &nbs= p; =20

=20 B. = Environmental Assessment (EA) (40 CFR 1508.9). See 516 DM 3. Decisions/actions which would = normally=20 require the preparation of an EA will be identified in each bureau = chapter=20 beginning with Chapter 8.

=20 C. = Finding of No Significant Impact (FONSI) (40 CFR = 1508.13). A FONSI will be prepared as a = separate=20 covering document based upon a review of an EA. Accordingly, the words = include(d)=20 in Section 1508.13 will be interpreted as attach(ed) in = reference to=20 the EA.

=20 D. = Notice of Intent (NOI) (40 CFR 1508.22.). An NOI will be prepared as = soon as=20 practicable after a decision to prepare an EIS and shall be published in = the=20 Federal Register, with a copy to the OEPC and made available to = the=20 affected public in accordance with Section 1506.6. Publication of an NOI may be = delayed if=20 there is proposed to be more than three (3) months between the decision = to=20 prepare an EIS and the time preparation is actually initiated. The notice, at a minimum, = identifies key=20 personnel, sets forth a schedule, and invites early comment. Scoping requests generally = announce a=20 schedule for scoping meetings where the agencies and the public can = participate=20 in the formal scoping process. =20 These notices are also usually published in the Federal = Register=20 and may contain the text of a draft scoping document that outlines the = actions,=20 alternatives, and environmental issues and impacts identified at that = time. The draft scoping document may = also be=20 made available upon request to a contact usually named in the = notice.

=20 E. = Environmental Impact Statement (40 CFR 1508.11). See 516 DM 4. = Decisions/actions which=20 would normally require the preparation of an EIS will be identified in = each=20 bureau chapter beginning with Chapter 8.

=20 F. = Existing environmental analyses should be used in analyzing = impacts of a=20 proposed action to the extent possible and appropriate. CEQ Regulations encourage = agencies to=20 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. =20 Use of existing documents carries with it a presumption that the = bureaus=20 will determine, in a deliberative manner and through agency procedures, = that=20 existing environmental analyses still adequately cover current = actions.

2.4 Lead = Agencies=20 (40 CFR 1501.5).

=20 A. = The AS/PMB shall designate lead bureaus within the Department = when=20 bureaus under more than one Assistant Secretary are involved and cannot = reach=20 agreement on lead bureau status. = The AS/PMB shall represent the Department in consultations with = CEQ or=20 other Federal agencies in the resolution of lead agency = determinations.

=20 B. = Bureaus will inform the OEPC of any agreements to assume lead = agency=20 status. OEPC will assist = in the=20 coordination and documentation of any AS/PMB designations made in = 2.4A.

=20 C. = To=20 eliminate duplication with State and local procedures, a non-Federal = agency=20 (including Indian tribal governments) may be designated as a joint lead = agency=20 when it has a duty to comply with State or local requirements that are=20 comparable to the NEPA requirements.

=20 D. = 40=20 CFR 1501.5 describes the selection of lead agencies, the settlement of = lead=20 agency disputes, and the use of joint lead agencies. While the joint lead = relationship is not=20 precluded among several Federal agencies, the Department recommends that = it be=20 applied sparingly and that one Federal agency be selected as the lead = with the=20 remaining Federal, State, Indian tribal governments, and local agencies = assuming=20 the role of cooperating agency. = In=20 this manner, the other Federal, State, and local agencies can work to = ensure=20 that the ensuing NEPA document will meet their needs for adoption and=20 application to their related decision. =20 If joint lead is dictated by other law, regulation, policy, or = practice,=20 then one Federal agency shall be identified as the agency responsible = for filing=20 the EIS.

=20 E. = Lead agency designations may be required by law in certain=20 circumstances.

2.5 =20 Cooperating Agencies (40 CFR 1501.6 and 1508.5).

=20 A. = Upon the request of a bureau, the OEPC will assist bureaus in = determining=20 cooperating agencies and coordinating requests from non-Interior = agencies.

=20 B. = Bureaus will inform the OEPC of any requests to become a = cooperating=20 agency or any declinations to become a cooperating agency pursuant to 40 = CFR=20 1501.6(c).

=20 C. = Upon the request of the lead agency, any Federal agency that is = qualified=20 to participate in the development of an environmental impact statement = as=20 provided for in 40 CFR 1501.6 and 1508.5 by virtue of its jurisdiction = by law,=20 as defined in 40 CFR 1508.15, shall be a cooperating agency. In addition, upon request of = the lead=20 agency, any Federal agency that is qualified to participate in the = development=20 of an environmental impact statement by virtue of its specialized = expertise, as=20 defined in 40 CFR 1508.26, may be a cooperating agency. Any non-Federal agency (State, = tribal,=20 or local) with similar qualifications may by agreement be a cooperating=20 agency. Bureaus will = consult with=20 the Solicitor's Office in cases where such non-Federal agencies are also = applicants before the Department to determine relative lead/cooperating = agency=20 responsibilities.

&nbs= p;=20 D. An agency = meeting the=20 requirements of 516 DM 2.5C is defined as an eligible governmental=20 entity.

=20 E. = Bureaus will invite eligible governmental entities to participate = as=20 cooperating agencies when the bureau is developing an environmental = impact=20 statement in accordance with the requirements of NEPA and the CEQ=20 regulations. Bureaus will = also=20 consider any requests by eligible governmental entities to participate = as a=20 cooperating agency with respect to a particular environmental impact = statement,=20 and will either accept or deny such requests. If such a request is denied, = bureaus=20 will state in writing, within the environmental impact statement, the = reasons=20 for such denial.

=20 F. = Throughout the development of the environmental impact statement, = the=20 bureau will collaborate, to the fullest extent practicable, with all = cooperating=20 agencies, concerning those issues relating to their jurisdiction and/or = special=20 expertise. Collaboration = will be=20 to:

&nbs= p; =20 (1) =20 identify issues to be addressed in the environmental impact = statement;=20

&nbs= p; =20 (2) = arrange=20 for the collection and/or assembly of necessary resource, environmental, = social,=20 economic, and institutional data;

&nbs= p; =20 (3) = analyze=20 data;

&nbs= p; =20 (4) = develop=20 alternatives;

&nbs= p; =20 (5) =20 evaluate alternatives and estimate the effects of implementing = each=20

alternative; and

&nbs= p; =20 (6) = carry=20 out any other task necessary for the development of the environmental = impact=20 statement.

=20 G. = Bureaus and eligible governmental entities are required to = express in a=20 memorandum of understanding their respective roles, assignment of = issues,=20 schedules, and staff commitments so that the NEPA process remains on = track and=20 within the time schedule.

2.6 = Scoping (40 CFR=20 1501.7).

=20 A. = The invitation requirement in Section 1501.7(a)(1) may be = satisfied by=20 including such an invitation in the NOI.

=20 B. = Scoping is a process which continues throughout the planning and = early=20 stages of preparation of an EIS. = Bureaus are encouraged through scoping to engage State, local and = tribal=20 governments and the public in the early identification of concerns, = potential=20 impacts, and possible alternative actions. =20 Scoping requires interdisciplinary considerations. Scoping is an opportunity to = bring=20 agencies and applicants together to lay the groundwork for setting time = limits,=20 expediting reviews where possible, integrating other environmental = reviews, and=20 identifying any major obstacles that could delay the process.

=20 C. = Scoping should encourage the responsible official to integrate = analyses=20 required by other environmental laws. =20 Scoping should also be used to integrate other planning = activities for=20 separate projects that may have similar or cumulative impacts. Integrated analysis = facilitates the=20 resolution of resource conflicts and minimizes redundancy.

=20 D. = Through scoping meetings, newsletters, or other communication = methods, it=20 should be made clear that the lead agency is ultimately responsible for = the=20 scope of an EIS and that suggestions obtained during scoping (see B and = C above)=20 are considered to be advisory.

2.7 Time = Limits (40=20 CFR 1501.8).

=20 A. = Time limits are an important consideration and, when used = diligently, can=20 contribute greatly to a more efficient NEPA process. Bureaus are encouraged to set = time=20 limits of their own and to respond favorably to applicant requests for = time=20 limits and set them consistent with the requirements of 40 CFR = 1501.8. Bureaus should work with = cooperating=20 agencies and agencies with which they must consult in setting time = limits and=20 encourage their commitment in meeting the time frames established.

=20 B. = When time limits are established, they should reflect the = availability of=20 personnel and funds. = Efficiency of=20 the NEPA process is dependent on the management capabilities of the lead = bureau,=20 which is encouraged to assemble a sufficiently well qualified staff = commensurate=20 with the type of project to be analyzed to ensure timely completion of = NEPA=20 documents.

APPENDIX=20 1

Departmental Categorical=20 Exclusions

The = following actions=20 are CXs pursuant to 516 DM 2.3A(2). =20 However, environmental documents will be prepared for individual = actions=20 within these CX if any of the extraordinary circumstances listed in 516 = DM 2,=20 Appendix 2, apply.

1.1 Personnel = actions and=20 investigations and personnel services contracts.

1.2 Internal = organizational=20 changes and facility and office reductions and closings.

1.3 Routine = financial=20 transactions including such things as salaries and expenses, procurement = contracts (in accordance with applicable procedures and Executive Orders = for=20 sustainable or green procurement), guarantees, financial assistance, = income=20 transfers, audits, fees, bonds, and royalties.

1.4 Departmental = legal=20 activities including, but not limited to, such things as arrests,=20 investigations, patents, claims, and legal opinions. This does not include bringing = judicial=20 or administrative civil or criminal enforcement actions which are = outside the=20 scope of NEPA in accordance with 40 CFR 1508.18(a).

1.5 Reserved.

1.6 = Nondestructive data=20 collection, inventory (including field, aerial, and satellite surveying = and=20 mapping), study, research, and monitoring activities.

1.7 Routine and = continuing=20 government business, including such things as supervision, = administration,=20 operations, maintenance, renovations, and replacement activities having = limited=20 context and intensity (e.g., limited size and magnitude or short-term=20 effects).

1.8 Management,=20 formulation, allocation, transfer, and reprogramming of the Department's = budget=20 at all levels. (This does = not=20 exclude the preparation of environmental documents for proposals = included in the=20 budget when otherwise required.)

1.9 Legislative = proposals=20 of an administrative or technical nature (including such things as = changes in=20 authorizations for appropriations and minor boundary changes and land = title=20 transactions) or having primarily economic, social, individual, or = institutional=20 effects; and comments and reports on referrals of legislative = proposals.

l.10 Policies, = directives,=20 regulations, and guidelines that are of an administrative, financial, = legal,=20 technical, or procedural nature and whose environmental effects are too = broad,=20 speculative, or conjectural to lend themselves to meaningful analysis = and will=20 later be subject to the NEPA process, either collectively or = case-by-case.

1.11 Activities which are = educational,=20 informational, advisory, or consultative to other agencies, public and = private=20 entities, visitors, individuals, or the general public.

1.12 Hazardous fuels reduction = activities using prescribed fire not to exceed 4,500 acres, and = mechanical=20 methods for crushing, piling, thinning, pruning, cutting, chipping, = mulching,=20 and mowing, not to exceed 1,000 acres. Such activities: Shall be limited to areas (1) = in=20 wildland-urban interface and (2) Condition Classes 2 or 3 in Fire Regime = Groups=20 I, II, or III, outside the wildland-urban interface; Shall be identified = through=20 a collaborative framework as described in =E2=80=9CA Collaborative = Approach for Reducing=20 Wildland Fire Risks to Communities and the Environment 10-Year = Comprehensive=20 Strategy Implementation Plan;=E2=80=9D Shall be conducted consistent = with agency and=20 Departmental procedures and applicable land and resource management = plans; Shall=20 not be conducted in wilderness areas or impair the suitability of = wilderness=20 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=20 permanent infrastructure; and may include the sale of vegetative = material if the=20 primary purpose of the activity is hazardous fuels reduction. (Refer to the Environmental = Statement=20 Memoranda Series for additional, required = guidance.)

1.13 Post-fire rehabilitation = activities=20 not to exceed 4,200 acres (such as tree planting, fence replacement, = habitat=20 restoration, heritage site restoration, repair of roads and trails, and = repair=20 of damage to minor facilities such as campgrounds) to repair or improve = lands=20 unlikely to recover to a management approved condition from wildland = fire=20 damage, or to repair or replace minor facilities damaged by fire. Such activities: Shall be conducted consistent = with=20 agency and Departmental procedures and applicable land and resource = management=20 plans; Shall not include the use of herbicides or pesticides or the = construction=20 of new permanent roads or other new permanent infrastructure; and Shall = be=20 completed within three years following a wildland fire. (Refer to the Environmental = Statement=20 Memoranda Series for additional, required guidance.)

APPENDIX=20 2

Categorical Exclusions: Extraordinary=20 Circumstances

Extraordinary=20 circumstances exist for individual actions within CXs which may:

2.1 Have = significant=20 impacts on public health or safety.

2.2 Have = significant=20 impacts on such natural resources and unique geographic characteristics = as=20 historic or cultural resources; park, recreation or refuge lands; = wilderness=20 areas; wild or scenic rivers; national natural landmarks; sole or = principal=20 drinking water aquifers; prime farmlands; wetlands (Executive Order = 11990);=20 floodplains (Executive Order 11988); national monuments; migratory = birds; and=20 other ecologically significant or critical areas.

2.3 Have highly=20 controversial environmental effects or involve unresolved conflicts = concerning=20 alternative uses of available resources [NEPA Section 102(2)(E)].

2.4 Have highly = uncertain=20 and potentially significant environmental effects or involve unique or = unknown=20 environmental risks.

2.5 Establish a = precedent=20 for future action or represent a decision in principle about future = actions with=20 potentially significant environmental effects.

2.6 Have a direct = relationship to other actions with individually insignificant but = cumulatively=20 significant environmental effects.

2.7 Have = significant=20 impacts on properties listed, or eligible for listing, on the National = Register=20 of Historic Places as determined by either the bureau or office.

2.8 Have = significant=20 impacts on species listed, or proposed to be listed, on the List of = Endangered=20 or Threatened Species, or have significant impacts on designated = Critical=20 Habitat for these species.

2.9 Violate a = Federal law,=20 or a State, local, or tribal law or requirement imposed for the = protection of=20 the environment.

2.10 Have a disproportionately = high and=20 adverse effect on low income or minority populations (Executive Order=20 12898).

2.11 Limit access to and = ceremonial use=20 of Indian sacred sites on Federal lands by Indian religious = practitioners or=20 significantly adversely affect the physical integrity of such sacred = sites=20 (Executive Order 13007).

2.12 Contribute to the = introduction,=20 continued existence, or spread of noxious weeds or non-native invasive = species=20 known to occur in the area or actions that may promote the introduction, = growth,=20 or expansion of the range of such species (Federal Noxious Weed Control = Act and=20 Executive Order 13112).

6/21/05=20 #3675

Replaces = 5/27/04=20 #3612

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