Implementing the National Environmental Policy Act (NEPA) Within the Office of Science (SC)

Management System: Environment, Safety, and Health

Subject Area: Implementing the National Environmental Policy Act (NEPA) Within the Office of Science (SC)

Point of Contact: PETER SIEBACH
Management System Owner: PATRICK SMITH
Secondary Management System Owner:     KARL MORO

SCMS Home Page | Revision History | Subject Area Definitions

Issue Date:  12/11/2012
SCMS Revision:  2.0

1.0 Introduction

This Subject Area describes how to provide for informed decision-making by assessing the potential for Federal actions to impact the human environment. National Environmental Policy Act's (NEPA’s) implementing regulations, 40 CFR Part 1500 - 1508, Council on Environmental Quality (CEQ): Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (NEPA), and 10 CFR 1021, U.S. Department of Energy (DOE): National Environmental Policy Act (NEPA) Implementing Procedures, lay out the framework.

Compliance with NEPA is required whenever an agency proposes to take a “major Federal action.” Qualification as a “major Federal action” is two-pronged: (1) has the potential for “significant” impact to the human environment and (2) is “subject to Federal control and responsibility."

2.0 Contents

Procedures

Procedure Content

1. Implementing the National Environmental Policy Act (NEPA) Within the Office of Science (SC)

 

  • Establish an organizational framework to implement the requirements of the NEPA and the DOE O 451.1B, Admin. Change 3, National Environmental Policy Act Compliance Program.

2. Establishing the Level of National Environmental Policy Act (NEPA) Review and Documentation

 

  • Establish the appropriate level of NEPA review (i.e., Categorical Exclusion [CX] Determination, Environmental Assessment [EA], or Environmental Impact Statement [EIS]).

3. Preparing National Environmental Policy Act (NEPA) Annual Planning Summaries and Monthly Reports

 

  • Prepare, review, approve, and submit NEPA Annual Planning Summaries (APSs).

4. Implementing Generic Categorical Exclusion (CX) Determinations

 

  • Prepare, review, approve, and apply NEPA Generic CX Determinations.

5. Following the Environmental Assessment (EA) Process

 

  • Prepare, review, or approve NEPA EA Determinations (EADs), EAs, and Findings of No Significant Impact (FONSIs).

6. Following the Environmental Impact Statement (EIS) Process

 

  • Prepare, review, or approval of NEPA EIS Determinations (EISDs), EISs, or Records of Decision (RODs).

7. Complying with Floodplain and Wetland Requirements

 

  • Prepare, review, approve, and submit floodplain and wetland action documentation.

8. Managing Historic and Cultural Resources

 

  • Manage historic and cultural resources under the National Historic Preservation Act (NHPA).

9. Conducting Public Participation Under the National Environmental Policy Act (NEPA)

 

  • Implement public participation for EASs and EAs.

10. Preparing Quality Assurance (QA) Plans for the National Environmental Policy Act (NEPA) Process

 

  • Prepare QA plans for NEPA Compliance Programs and NEPA documents.

11. Complying with the Endangered Species Act

 

  • Prepare, review, and approve U.S. Fish and Wildlife Service (FWS), state consultation letters, and related documentation for compliance with the Endangered Species Act (ESA).

12. Obtaining a National Environmental Policy Act (NEPA) Document Preparer

 

  • Procure preparers for NEPA documents.

13. Following the Environmental Critique and Environmental Synopsis Processes (RESERVED)

 

RESERVED

14. Maintaining Administrative Records for the National Environmental Policy Act (NEPA) Process

 

  • Maintain Administrative Records for NEPA.

3.0 Exhibits/Forms

4.0 Related Information

Council on Environmental Quality (CEQ) Guidance

U.S. Department of Energy (DOE) Guidance

U.S. Environmental Protection Agency (EPA) Guidance

Other Guidance

  • 75 FR 885, Presidential Proclamation 8469, Presidential Proclamation on the 40th Anniversary of National Environmental Policy Act, 2010 (White House, 12/31/2009)

  • Managing NEPA at the Department of Energy (A Study/Report by the National Academy of Public Administration for the U.S. DOE, 07/1998)

  • The Application of NEPA to CERCLA Cleanups (U.S. Department of Justice, Memorandum, 01/23/1995)

  • 44 FR 65560, Unified Procedures Applicable to Major Federal Actions Relating to Nuclear Activities Subject to Executive Order 12114 (U.S. Department of State, 11/13/1979)

Other Procedure References

5.0 Requirements

Document Title Requirement Decision Record
10 CFR 1021

National Environmental Policy Act Implementing Procedures

Completed

10 CFR 1022

Compliance with Floodplain and Wetland Environmental Review Requirements

Completed

36 CFR 800

Protection of Historic Properties

Completed

40 CFR 1500

Council on Environmental Quality; Purpose, Policy, and Mandate

Completed

40 CFR 1501

Council on Environmental Quality, NEPA and Agency Planning

Completed

40 CFR 1502

Council on Environmental Quality, Environmental Impact Statement

Completed

40 CFR 1503

Council on Environmental Quality, Commenting

Completed

40 CFR 1504

Council on Environmental Quality, Predecision Referrals to the Council of Proposed Federal Actions Determined to be Environmentally Unsatisfactory

Completed

40 CFR 1505

Council on Environmental Quality, NEPA and Agency Decision Making

Completed

40 CFR 1506

Council on Environmental Quality, Other Requirements of NEPA

Completed

40 CFR 1507

Council on Environmental Quality, Agency Compliance

Completed

40 CFR 1508

Council on Environmental Quality, Terminology and Index

Completed

DOE P 141.1

Department Of Energy Management Of Cultural Resources

Completed

DOE O 451.1B, Admin. Change 3

National Environmental Policy Act Compliance Program

Completed

E.O. 11514

Protection And Enhancement Of Environmental Quality (Amended by E.O. 11541 and E.O. 11991)

Completed

E.O. 11988

Floodplain Management (Amended by E.O. 12148)

Completed

E.O. 11990

Protection Of Wetlands (Amended by E.O. 12608)

Completed

E.O. 12114

Environmental Effects Abroad Of Major Federal Actions

Completed

E.O. 12898

Federal Actions To Address Environmental Justice In Minority Populations and Low-Income Populations (Amended by E.O. 12948)

Completed

E.O. 13045

Protection of Children From Environmental Health Risks and Safety Risks

Completed

E.O. 13112

Invasive Species (Amended by E.O. 13286)

Completed

E.O. 13158

Marine Protected Areas

Completed

E.O. 13175

Consultation And Coordination With Indian Tribal Governments

Completed

E.O. 13186

Responsibilities Of Federal Agencies To Protect Migratory Birds

Completed

E.O. 13211

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

Completed

E.O. 13212

Actions to Expedite Energy-Related Projects (Amended by E.O. 13286 and E.O. 13302)

Completed

E.O. 13287

Preserve America

Completed

E.O. 13296

Protection of Children From Environmental Health Risks and Safety Risks, Amendments to Executive Order 13045

Completed

E.O. 13423

Strengthening Federal Environmental, Energy, And Transportation Management

Completed

E.O. 13547

Stewardship of the Ocean, Our Coasts, and the Great Lakes

Completed

16 U.S.C., Section 1385

Conservation and Protection of Marine Mammals; Dolphin Protection

Completed

42 U.S.C., Section 4321

National Environmental Policy Act of 1969

Completed

42 U.S.C., Section 4371

Environmental Quality Improvement Act of 1970

Completed

42 U.S.C. 7401

Clean Air Act, Section 309

Completed

6.0 Definitions

Definitions.


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Last Major SCMS Revision: 12/11/2012