Department of the
Interior
Departmental Manual
Effective Date: 5/27/04
Series: Environmental
Quality Programs
Part 516: National
Environmental Policy Act of 1969
Chapter 12: Managing the NEPA Process--National Park
Service
Originating Office: National
Park Service
516 DM 12
12.1 Purpose. This Chapter provides supplementary
requirements for implementing provisions of 516 DM 1 through 6 within the
Department’s National Park Service. This
Chapter is referenced in 516 DM 6.5.
12.2 NEPA
Responsibility.
A. The Director is responsible for NEPA
compliance for National Park Service (NPS) activities.
B. Regional Directors are responsible to the
Director for integrating the NEPA process into all regional activities and for
NEPA compliance in their regions.
C. The Denver Service Center performs most
major planning efforts for the National Park Service and integrates NEPA
compliance and environmental considerations with project planning, consistent
with direction and oversight provided by the appropriate Regional Director.
D. The Environmental Compliance Division
(Washington), which reports to the Associate Director-Planning and Development,
serves as the focal point for all matters relating to NEPA compliance;
coordinates NPS review of NEPA documents prepared by other agencies; and
provides policy review and clearance for NPS EISs. Information concerning NPS NEPA documents or
the NEPA process can be obtained by contacting this office.
12.3 Guidance to
Applicants. Actions in areas of NPS jurisdiction
that are initiated by private or non-Federal entities include the following:
A. Minerals. Mineral exploration, leasing and development
activities are not permitted in most units of the National Park System. There are exceptions where mineral activities
are authorized by law and all mineral activities conducted under these
exceptions require consultation with and evaluation by officials of the NPS and
are subject to NEPA compliance. Some
procedures whereby mineral activities are authorized are outlined below. For site-specific proposals, interested
parties should contact the appropriate NPS Regional Director for a
determination of whether authorities for conducting other types of mineral
activities in particular areas exist and, if so, how to obtain appropriate
permits. For further information about
NPS minerals policy, interested parties should contact the Energy, Mining, and
Minerals Division (Denver, Colorado).
(1) Mining Claims and Associated Mining
Operations. All Units of the National
Park System are closed to mineral entry under the 1872 Mining Law, and mining
operations associated with mining claims are limited to the exercise of valid
prior existing rights. Prior to
conducting mining operations on patented or unpatented mining claims within the
National Park System, operators must obtain approval of the appropriate NPS
Regional Director. The Regional
Directors base approval on information submitted by potential operators that
discusses the scope of the proposed operations, evaluates the potential impacts
on park resources, identifies measures that will be used to mitigate adverse
impacts, and meets other requirements contained in 36 CFR Part 9, Subpart A,
which governs mining operations on mining claims under the authority of the
Mining in the Parks Act of 1976.
(2) Non-Federal Mineral Rights. Privately held Oil, gas and mineral rights on
private land or split estates (Federally-owned surface estate and non-Federally
owned subsurface estate) exist within some park boundaries. Owners of outstanding subsurface oil and gas
rights are granted reasonable access on or across park units through compliance
with 36 CFR Part 9, Subpart B. These
procedures require an operator to file a plan of operations for approval by the
appropriate NPS Regional Director. An
approved plan of operations serves as the operator’s access permit.
(3) Federal Mineral Leasing and Mineral
Operations.
(a) Leasing of Federally-owned minerals is
restricted to five national recreation areas in the National Park System, where
leasing is authorized in the enabling legislation of the units. According to current regulations (43 CFR
3100.0-3(g)(4); 43 CFR 3500.0-3(c)(7)). These areas
are: Lake Mead, Glen Canyon, Ross Lake, Lake Chelan, and Whiskeytown
National Recreation Areas. However, Lake
Chelan was designated in 1981 as an "excepted" area under the
regulations and is closed to mineral leasing.
The Bureau of Land Management (BLM) issues leases on these lands and
controls and monitors operations.
Applicable general leasing and operating procedures for oil and gas are
contained in 43 CFR Part 3100, et seq,
and for minerals other than oil and gas in 43 CFR 3500 et seq. Within units of
the National Park System, the NPS, as the surface management agency, must
consent to the permitting and leasing of park lands and concur
with operating conditions established in consultation with the BLM. Leases and permits can only be granted upon a
finding by the NPS Regional Director that the activities authorized will not
have a significant adverse effect on the resources and administration of the
unit. The NPS can also require special
lease and permit stipulations for protecting the environment and other park
resources. In addition, the NPS
participates with BLM in preparing environmental analyses of all proposed
activities and in establishing reclamation requirements for park unit lands.
(b) Glen Canyon National Recreation Area is the
only unit of the National Park System containing special tar sands areas as
defined in the Combined Hydrocarbon Leasing Act of 1981. In accordance with the requirements of this
Act, the BLM has promulgated regulations governing the conversion of existing
oil and gas leases located in special tar sands areas to combined hydrocarbon
(oil, gas, and tar sands) leases and for instituting a competitive combined
hydrocarbon leasing program in the special tar sands areas. Both of these activities, lease conversions
and new leasing, may occur within the Glen Canyon NRA provided that they take
place commensurate with the unit’s minerals management plan and that the
Regional Director of the NPS makes a finding of no significant adverse impact
on the resources and administration of the unit or on other contiguous units of
the National Park System. If the Regional
Director does not make such a finding, then the BLM cannot authorize lease
conversions or issue new leases within the Glen Canyon NRA. The applicable regulations are contained in
43 CFR 3140.7 and 3141.4-2, respectively.
Intra-Departmental procedures for processing conversion applications
have been laid out in a Memorandum of Understanding (MOU) between the BLM and
the NPS. For additional information
about combined hydrocarbon leasing, interested parties should contact the
Energy, Mining and Minerals Division (Denver, Colorado).
B. Grazing. Grazing management plans for NPS units
subject to legislatively-authorized grazing are normally prepared by the NPS or
jointly with the BLM. Applicants for
grazing allotments must provide the NPS and/or the BLM with such information as
may be required to enable preparation of environmental documents on grazing
management plans. Grazing is also
permitted in some NPS areas as a condition of land acquisition in instances where
grazing rights were held prior to Federal acquisition. The availability of these grazing rights is
limited and information should be sought through individual Park
Superintendents.
C. Permits, Rights-of-Way, and Easements
for Non-Park Uses. Informational
requirements are determined on a case-by-case basis, and applicants should
consult with the Park Superintendent before making formal application. The applicant must provide sufficient
information on the proposed non-park use, as well as park resources and
resource-related values to be affected directly and indirectly by the proposed
use in order to allow the Service to evaluate the application, assess the
impact of the proposed use on the NPS unit and other environmental values,
develop restrictions/stipulations to mitigate adverse impacts, and reach a
decision on issuance of the instrument.
Authorities for such permits, rights-of-way, etc., are found in the
enabling legislation for individual National Park System units and 16 U.S.C. 5
and 79 and 23 U.S.C. 317. Right-of-way
and easement regulations are found at 36 CFR Part 14. Policies concerning regulation of special uses
are described in the NPS Management Policies Notebook.
D. Archaeological Permits. Permits for the excavation or removal of
archaeological resources on public and Indian lands owned or administered by
the Department of the Interior, and by other agencies that may delegate this
responsibility to the Secretary, are issued by the Director of the NPS. These permits are required pursuant to the
Archaeological Resources Protection Act of 1979 (Pub. L. 96-95) and
implementing regulations (43 CFR Part 7), whenever materials of archaeological
interest are to be excavated or removed.
These permits are not required for archaeological work that does not
result in any subsurface testing and does not result in the collection of any
surface or subsurface archaeological materials.
Applicants should contact the Departmental Consulting Archaeologist in
Washington about these permits.
E. Federal Aid. The NPS administers financial and land grants
to States, local governments and private organizations/individuals for outdoor
recreation acquisition, development and planning (Catalog of Federal Domestic
Assistance (CFDA #15.916), historic preservation (CFDA #15.904), urban park and
recreation recovery (CFDA #15.919) and Federal surplus real property for park
recreation and historic monument use (CFDA #15.403). The following program guidelines and
regulations list environmental requirements which applicants must meet:
(1) Land and Water Conservation Fund Grants
Manual, Part 650.2;
(2) Historic Preservation Grants-in-Aid Manual,
Chapter 4;
(3) Urban Park and Recreation Recovery
Guidelines, NPS-37;
(4) Policies and Responsibilities for Conveying
Federal Surplus Property Manual, Part 271.
Copies of documents related to the Land and Water
Conservation Fund and the Historic Preservation Fund have been provided to all
State Liaison Officers for outdoor recreation and all State Historic
Preservation Officers. Copies of these
documents related to the Urban Park and Recreation Recovery Program are
available for inspection in each NPS Regional Office as well as the NPS Office
of Public Affairs in Washington, D.C.
Many State agencies which seek NPS grants may prepare related EISs
pursuant to section 102(2)(D) of NEPA. Such agencies should consult with the NPS
Regional Office.
F. Conversion of Acquired and Developed
Recreation Lands. The NPS must
approve the conversion of certain acquired and developed lands prior to
conversion. These include:
(1) All State and local lands and interests
therein, and certain Federal lands under lease to the States, acquired or
developed in whole or in part with monies from the Land and Water Conservation
Fund Act are subject to section 6(f) of the Act which requires approval of
conversion of use.
(2) All recreation areas and facilities (as
defined in section 1004), developed or improved, in whole or in part, with a
grant under the Urban Park and Recreation Recovery Act of 1978 (Pub. L. 95-625,
Title 10) are subject to section 1010 of the Act which requires approval for a
conversion to other than public recreation uses.
(3) Most Federal surplus real property which
has been conveyed to State and local governments for use as recreation
demonstration areas, historic monuments or public park
and recreation areas (under the Recreation Demonstration Act of 1942 or the
Federal Property and Administrative Services Act of 1949, as amended) are
subject to approval of conversion of use.
(4) All abandoned railroad rights-of-way
acquired by State and local governments for recreational and/or conservation
uses with grants under section 809(b) of the Railroad Revitalization and
Regulatory Reform Act of 1976, are subject to approval of conversion of use. Application for approval of conversion of the
use of these lands must be submitted to the appropriate Regional Director of
the NPS. Early consultation with the
Regional Office is encouraged to insure that the application is accompanied by
any required environmental documentation.
If the property was acquired through the Land and Water Conservation
Fund, then the application must be submitted through the appropriate State
Liaison Officer for Outdoor Recreation.
If the property was acquired under the Federal Property and
Administrative Services Act of 1949, as amended, approval of an application for
conversion of use must also be concurred in by the General Services
Administration.
12.4 Major Actions
Normally Requiring Environmental Impact Statements.
A. The following types of NPS proposals will
normally require the preparation of an EIS:
(1) Wild and Scenic River proposals;
(2) National Trail proposals;
(3) Wilderness proposals;
(4) General Management Plans for major National
Park System units;
(5) Grants,
including multi-year grants, whose size and/or scope will result in major
natural or physical changes, including interrelated social and economic changes
and residential and land use changes within the project area or its immediate
environs;
(6) Grants which foreclose other beneficial
uses of mineral, agricultural, timber, water, energy or transportation
resources important to National or State welfare.
B. If for any of these proposals it is
initially decided not to prepare an EIS, an EA will be prepared and made
available for public review in accordance with section 1501.4(e)(2).
12.5 Categorical Exclusions. In
addition to the actions listed in the Departmental categorical exclusions in
Appendix 1 of 516 DM 2, many of which the Service also performs, the following
NPS actions are designated categorical exclusions unless the action qualifies
as an exception under Appendix 2 to 516 DM 2.
A. Actions Related to General
Administration.
(1) Changes or amendments to an approved action
when such changes would cause no or only minimal environmental impact.
(2) Land and boundary surveys,
(3) Minor boundary changes,
(4) Reissuance/renewal of permits,
rights-of-way or easements not involving new environmental impacts,
(5) Conversion of existing permits to
rights-of-way, when such conversions do not continue or initiate unsatisfactory
environmental conditions,
(6) Issuances, extensions, renewals, reissuances or minor modifications of concession contracts
or permits not entailing new construction,
(7) Commercial use licenses involving no
construction,
(8) Leasing of historic properties in
accordance with 36 CFR Part 18 and NPS-38,
(9) Preparation and issuance of publications,
(10) Modifications or revisions to existing regulations,
or the promulgation of new regulations for NPS-administered areas, provided the
modifications, revisions or new regulations do not:
(a) Increase public use to the extent of
compromising the nature and character of the area or causing physical damage to
it,
(b) Introduce noncompatible
uses which might compromise the nature and characteristics of the area, or
cause physical damage to it,
(c) Conflict with adjacent ownerships or land
uses, or
(d) Cause a nuisance to adjacent owners or occupants.
(11) At the direction of the NPS responsible
official, actions where NPS has concurrence or coapproval with another bureau
and the action is a categorical exclusion for that bureau.
B. Plans, Studies and Reports.
(1) Changes or amendments to an approved plan,
when such changes would cause no or only minimal environmental impact.
(2) Cultural
resources maintenance guides, collection management plans and historic
furnishings reports.
(3) Interpretive plans (interpretive
prospectuses, audio-visual plans, museum exhibit plans, wayside exhibit plans).
(4) Plans, including priorities, justifications
and strategies, for non-manipulative research, monitoring, inventorying and
information gathering.
(5) Statements for management, outlines of
planning requirements and task directives for plans and studies.
(6) Technical assistance to other Federal,
State and local agencies or the general public.
(7) Routine reports required by law or
regulation.
(8) Authorization, funding or approval for the
preparation of Statewide Comprehensive Outdoor Recreation Plans.
(9) Adoption or approval of surveys, studies,
reports, plans and similar documents which will result in recommendations or
proposed actions which would cause no or only minimal environmental impact.
(10) Preparation of internal reports, plans,
studies and other documents containing recommendations for action which NPS
develops preliminary to the process of preparing a specific Service proposal or
set of alternatives for decision.
(11) Land protection plans which propose no
significant change to existing land or visitor use.
(12) Documents which interpret existing mineral
management regulations and policies, and do not recommend action.
C. Actions Related to Development.
(1) Land acquisition within established park
boundaries.
(2) Land exchanges which will not lead to
significant changes in the use of land.
(3) Routine maintenance and repairs to
non-historic structures, facilities, utilities, grounds and trails.
(4) Routine maintenance and repairs to cultural
resource sites, structures, utilities and grounds under an approved Historic
Structures Preservation Guide or Cyclic Maintenance Guide; or if the action
would not adversely affect the cultural resource.
(5) Installation of signs, displays, kiosks,
etc.
(6) Installation of navigation aids.
(7) Establishment of mass transit systems not
involving construction, experimental testing of mass transit systems, and
changes in operation of existing systems (e.g., routes and schedule changes).
(8) Replacement in kind of minor structures and
facilities with little or no change in location, capacity or appearance.
(9) Repair, resurfacing, striping, installation
of traffic control devices, repair/replacement of guardrails, etc., on existing
roads.
(10) Sanitary facilities operation.
(11) Installation of wells, comfort stations and
pit toilets in areas of existing use and in developed areas.
(12) Minor trail relocation, development of
compatible trail networks on logging roads or other established routes, and
trail maintenance and repair.
(13) Upgrading or adding new overhead utility
facilities to existing poles, or replacement poles
which do not change existing pole line configurations.
(14) Issuance of rights-of-way for overhead
utility lines to an individual building or well from an existing line where
installation will not result in significant visual intrusion and will involve
no clearance of vegetation other than for placement of poles.
(15) Issuance of rights-of-way for minor overhead
utility lines not involving placement of poles or towers and not involving
vegetation management or significant visual intrusion in an NPS-administered
area.
(16) Installation of underground utilities in
previously disturbed areas having stable soils, or in an existing utility
right-of-way.
(17) Construction of minor structures, including
small improved parking lots, in previously disturbed or developed areas.
(18) Construction or rehabilitation in previously
disturbed or developed areas, required to meet health or safety regulations, or
to meet requirements for making facilities accessible to the handicapped.
(19) Landscaping and landscape maintenance in
previously disturbed or developed areas.
(20) Construction of fencing enclosures or
boundary fencing posing no effect on wildlife migrations.
D. Actions Related to Visitor Use.
(1) Carrying capacity analysis.
(2) Minor changes in amounts or types of
visitor use for the purpose of ensuring visitor safety or resource protection
in accordance with existing regulations.
(3) Changes in interpretive and environmental
education programs.
(4) Minor changes in programs and regulations
pertaining to visitor activities.
(5) Issuance of permits for demonstrations,
gathering, ceremonies, concerts, arts and crafts shows, etc., entailing only
short-term or readily mitigable environmental
disturbance.
(6) Designation of trail side camping zones
with no or minimal improvements.
E. Actions Related to Resource Management
and Protection.
(1) Archeological surveys and permits involving
only surface collection or small-scale test excavations.
(2) Day-to-day resource management and research
activities.
(3) Designation of environmental study areas
and research natural areas.
(4) Stabilization by planting native plant
species in disturbed areas.
(5) Issuance of individual hunting and/or
fishing licenses in accordance with State and Federal regulations.
(6) Restoration of noncontroversial
native species into suitable habitats within their historic range and
elimination of exotic species.
(7) Removal of park resident individuals of
non-threatened/endangered species which pose a danger to visitors, threaten
park resources or become a nuisance in areas surrounding a park, when such
removal is included in an approved resource management plan.
(8) Removal of non-historic materials and
structures in order to restore natural conditions.
(9) Development of standards for, and identification,
nomination, certification and determination of eligibility of properties for
listing in the National Register of Historic Places and the National Historic
Landmark and National Natural Landmark Programs.
F. Actions Related to Grant Programs.
(1) Proposed actions essentially the same as
those listed in paragraphs A-E above.
(2) Grants for acquisition of areas which will
continue in the same or lower density use with no additional disturbance to the
natural setting.
(3) Grants for replacement or renovation of
facilities at their same location without altering the kind and amount of
recreational, historical or cultural resources of the area; or the integrity of
the existing setting.
(4) Grants for construction of facilities on
lands acquired under a previous NPS or other Federal grant provided that the
development is in accord with plans submitted with the acquisition grant.
(5) Grants for the construction of new
facilities within an existing park or recreation area, provided that the
facilities will not:
(a) Conflict with adjacent ownerships or land
use, or cause a nuisance to adjacent owners or occupants; e.g., extend use
beyond daylight hours;
(b) Introduce motorized recreation vehicles;
(c) Introduce active recreation pursuits into a
passive recreation area;
(d) Increase public use or introduce noncompatible uses to the extent of compromising the nature
and character of the property or causing physical damage to it; or
(e) Add or alter access to the park from the
surrounding area.
(6) Grants for the restoration, rehabilitation,
stabilization, preservation and reconstruction (or the authorization thereof)
of properties listed on or eligible for listing on the National Register of
Historic Places at their same location and provided that such actions:
(a) Will not alter the integrity of the
property or its setting;
(b) Will not increase public use of the area to
the extent of compromising the nature and character of the property; and
(c) Will not cause a nuisance to adjacent
property owners or occupants.