Department of the
Interior
Departmental Manual
Effective Date: 5/27/04
Series: Environmental
Quality Programs
Part 516: National
Environmental Policy Act of 1969
Chapter 14: Managing
the NEPA Process--Bureau of Reclamation
Originating Office: Bureau
of Reclamation
516 DM 14
14.1 Purpose. This
Chapter provides supplementary requirements for implementing provisions of 516
DM 1 through 6 within the Department’s Bureau of Reclamation. This Chapter is referenced in 516 DM 6.5.
14.2 NEPA
Responsibility.
A. Commissioner. Is responsible for NEPA compliance for Bureau
of Reclamation (BuRec) activities.
B. Assistant Commissioners.
(1) Are responsible to the Commissioner for
supervising and coordinating NEPA activities in their assigned areas of
responsibility.
(2) Are responsible, in assigned areas of
responsibility, for the Washington level review of EISs prepared in the regions
or E&R Center for compliance with program area policy guidance.
(3) Provide supervision and coordination in assigned
areas of responsibility to insure that environmental concerns are identified in
the planning stages and to see that Regional Directors follow through with
environmental commitments during the construction and operation and maintenance
stages.
(4) May designate a staff position to be
responsible for NEPA oversight and coordination in their assigned areas of
responsibility.
C. Regional Directors.
(1) Are fully responsible to the Commissioner
for integrating the NEPA compliance activities in their regional area.
(2) Will designate a staff position with the
full responsibility to the Regional Director for providing direction of the
NEPA process including information, guidance, training, advice,
consistency, quality, adequacy, oversight, and coordination on NEPA documents
or matters.
D. Division and Office Chiefs in E&R
Center.
(1) Are responsible for integrating the NEPA
process into their activities.
(2) Will designate a staff position to be
responsible to the division or office chief for providing guidance, advice,
consistency, quality, adequacy, oversight, and coordination on NEPA documents
for matters originating in the E&R Center.
(3) Will provide a technical review within
their area of expertise of environmental documents directed to their office for
review and comment.
E. Director, Office of Environmental
Affairs (Washington). Is the
position designated by the Commissioner to be responsible for overall policy
review of BuRec NEPA compliance. Information about BuRec NEPA documents of the
NEPA process can be obtained by contacting this office.
14.3 Guidance to
Applicants.
A. Types of Applicants.
(1) Actions that are initiated by private or
non-Federal entities through applications include the following: Repayment contracts,
water service contracts, Small Reclamation Projects Act Loans, Emergency Loans,
Rehabilitation and Betterment Loans, Distribution System Loans, land use
permits, licenses, easements, crossing agreements, permits for removal of sand
and gravel, renewal of grazing, recreation management, or cabin site leases.
(2) Applicants will be provided information by
the regional office on what environmental reports, analysis, or information are
needed when they initiate their application.
The environmental information requested may, of necessity, be related to
impacts on private lands or other lands not under the jurisdiction of the
Bureau to allow the BuRec to meet its environmental responsibilities.
B. Prepared Program Guidance for
Applicants.
(1) Loans under the Small Reclamation Projects
Act of 1958, U.S. Department of the Interior, Bureau of Reclamation, March 1976
(35 pages).
(2) Guidelines for Preparing Applications for
Loans and Grants under the Small Reclamation Projects Act, Public Law 84-984,
U.S. Department of the Interior, Bureau of Reclamation, December 1973 (121
pages).
(3) The Rehabilitation and Betterment Program,
U.S. Department of the Interior, Bureau of Reclamation, September 1978 (14
pages).
(4) Guidelines for Preparation of Reports to
Support Proposed Rehabilitation and Betterment Programs, U.S. Department of the
Interior, Bureau of Reclamation, September 1978 (8 pages).
14.4 Major Actions
Normally Requiring an EIS.
A. The following types of BuRec proposals
will normally require the preparation of an EIS:
(1) Proposed Feasibility Reports on water
resources projects.
(2) Proposed Definite Plan Reports (DPR) on
water resources projects if not covered by an EIS at the feasibility report
stage or if there have been major changes in the project plan which may cause
significantly different or additional new impacts.
(3) Proposed repayment contracts and water
service contracts or amendments thereof or supplements thereto, for irrigation,
municipal, domestic, or industrial water where NEPA compliance has not already
been accomplished.
(4) Proposed modifications to existing projects
or proposed changes in the programmed operation of an existing project that may
cause a significant new impact.
(5) Proposed initiation of construction of a
project or major unit thereof, if not already covered by an EIS, or if
significant new impacts are anticipated.
(6) Proposed major research projects where
there may be significant impacts resulting from experimentation or other such
research activities.
B. If, for any of these proposals it is
initially decided not to prepare an EIS, an EA will be prepared and handled in
accordance with Section 1501.4(e)(2).
14.5 Categorical
Exclusions. In addition to the actions listed in
the Departmental categorical exclusions outlined in Appendix 1 of 516 DM 2,
many of which the Bureau also performs, the following Bureau actions are
designated categorical exclusions unless the action qualifies as an exception
under 516 DM 2.3A(3):
A. General Activities.
(1) Changes in regulations or policy directives
and legislative proposals where the impacts are limited to economic and/or
social effects.
(2) Training activities of enrollees assigned
to the various youth programs. Such
training may include minor construction activities for other entities.
(3) Research activities, such as nondestructive
data collection and analysis, monitoring, modeling, laboratory testing,
calibration, and testing of instruments or procedures and nonmanipulative
field studies.
B. Planning Activities.
(1) Routine planning investigation activities
where the impacts are expected to be localized, such as land classification
surveys, topographic surveys, archeological surveys, wildlife studies, economic
studies, social studies, and other study activity during any planning,
preconstruction, construction, or operation and maintenance phases.
(2) Special, status, concluding, or other
planning reports that do not contain recommendations for action, but may or may
not recommend further study.
(3) Data collection studies that involve test
excavations for cultural resources investigations or test pitting, drilling, or
seismic investigations for geologic exploration purposes where the impacts will
be localized.
C. Project Implementation Activities.
(1) Classification and certification of
irrigable lands.
(2) Minor acquisition of land and rights-of-way
or easements.
(3) Minor construction activities associated
with authorized projects which correct unsatisfactory environmental conditions
or which merely augment or supplement, or are enclosed within existing
facilities.
(4) Approval of land management plans where
implementation will only result in minor construction activities and resultant
increased operation and maintenance activities.
D. Operation and Maintenance Activities.
(1) Maintenance, rehabilitation, and
replacement of existing facilities which may involve a minor change in size,
location, and/or operation.
(2) Transfer of the operation and maintenance
of Federal facilities to water districts, recreation agencies, fish and
wildlife agencies, or other entities where the anticipated operation and maintenance
activities are agreed to in a contract or a memorandum of agreement, follow
approved Reclamation policy, and no major change in operation and maintenance
is anticipated.
(3) Administration and implementation of
project repayment and water service contracts, including approval of
organizational or other administrative changes in contracting entities brought
about by inclusion or exclusion of lands in these contracts.
(4) Approval, execution, and implementation of
water service contracts for minor amounts of long-term water use or temporary
or interim water use where the action does not lead to long-term changes and
where the impacts are expected to be localized.
(5) Approval of changes in pumping power and
water rates charged contractors by the Bureau for project water service or
power.
(6) Execution and administration of recordable
contracts for disposal of excess lands.
(7) Withdrawal, termination, modification, or
revocation where the land would be opened to discretionary land laws and where
such future discretionary actions would be subject to the NEPA process, and
disposal and sale of acquired lands where no major change in usage is
anticipated.
(8) Renewal of existing grazing, recreation management, or cabin site leases which do not increase the
level of use or continue unsatisfactory environmental conditions.
(9) Issuance of permits for removal of gravel
or sand by an established process from existing quarries.
(10) Issuance of permits, licenses, easements, and
crossing agreements which provide right-of-way over Bureau lands where the
action does not allow for or lead to a major public or private action.
(11) Implementation of improved appearance and
soil and moisture conservation programs where the impacts are localized.
(12) Conduct of programs of demonstration,
educational, and technical assistance to water user organizations for
improvement of project and on-farm irrigation water use and management.
(13) Follow-on actions such as access agreements,
contractual arrangements, and operational procedures for hydropower facilities
which are on or appurtenant to Bureau facilities or lands which are permitted
or licensed by the Federal Energy Regulatory Commission (FERC), when FERC has
accomplished compliance with NEPA (including actions to be taken by the Bureau)
and when the Bureau’s environmental concerns have been accommodated in
accordance with the Bureau/FERC Memorandum of Understanding of June 22, 1981.
(14) Approval, renewal, transfer, and execution of
an original, amendatory, or supplemental water service or repayment contract
where the only result will be to implement an administrative or financial
practice or change.
(15) Approval of second party water sales
agreements for small amounts of water (usually less than 10 acre-feet) where
the Bureau has an existing water sales contract in effect.
(16) Approval and execution of contracts requiring
the repayment of funds furnished or expended on behalf of an entity pursuant to
the Emergency Fund Act of June 26, 1948 (43 U.S.C. 502), where the action taken
is limited to the original location of the damaged facility.
(17) Minor safety of dams
construction activities where the work is confined to the dam, abutment areas,
or appurtenant features, and where no major change in reservoir or downstream
operation is anticipated as a result of the construction activities.
E. Grant and Loan Activities.
(1) Rehabilitation and Betterment Act loans and
contracts which involve repair, replacement, or modification of equipment in
existing structures or minor repairs to existing dams, canals, laterals,
drains, pipelines, and similar facilities.
(2) Small Reclamation Projects Act grants and
loans where the work to be done is confined to areas already impacted by
farming or development activities, work is considered minor, and where the
impacts are expected to be localized.
(3) Distribution System Loans Act loans where
the work to be done is confined to areas already impacted by farming or
developing activities, work is considered minor, and where the impacts are
expected to be localized.