If either the Supplement Analysis Process or Procedure 2, Establishing the Level of National Environmental Policy Act (NEPA) Review and Documentation, results in an NCO recommendation to prepare an EIS, the NCO with the assistance of the responsible Line Organization, prepares an EISD memorandum to facilitate a formal determination by the SO/HFO.

The EISD includes:

• Title of the proposed action and the name of the project;

• Location of the action;

• Brief description of the proposed action and potential issues;

• Class of the actions to be applied from 10 CFR 1021, Appendix D to Subpart D of Part 1021—Classes of Actions that Normally Require EISs;

• Justification for recommendation. including a comparison against any potentially applicable category of actions in 10 CFR 1021, Appendix C to Subpart D of Part  021—Classes of Actions that Normally Require EAs but not Necessarily EISs;

• Designation of the NDM;

• Optional designation of the Federal Agency Official if Procedure 8, Managing Historic and Cultural Resources, applies and a Lead Staff Member if Procedure 11, Complying with the Endangered Species Act, applies;

• Signature line for the NCO;

• Concurrence by Assistant Manager (AM), Line Program/Project Manager(s) responsible for the proposed action Legal Counsel, Local Public Affairs/Communications Manager, and other Non‑Line Management Staff as deemed appropriate by the NCO; and

• Approval line line for the SO/HFO.

The EISD is constructed similar to the Environmental Assessment Determination and Cover Memorandum (Example).

NOTE: For complex actions, the NCO may initiate early internal scoping prior to the EISD.

Following approval of the EISD, the NCO, with the assistance of the NDM, obtains an EIS document number from the DOE HQ Office of NEPA Policy and Compliance (GC‑54). The following information is to be provided:

• Contact Information

• NCO

• NDM

• Name of the project

• Location

• Short description

• Tentative Cost estimate

• Tentative Milestones (dates)

• Determination

• Notice of Intent (NOI)

• Scoping period

• Draft

• Hearings

• Final

• ROD(s)

The NCO instructs the NDM concerning the duties of that position. See (1) Designating and Supporting NEPA Document Managers and (2) National Environmental Policy Act Document Managers’ Guidance, U.S. DOE Office of Science and Chicago Office.

The NDM, in consultation with the NCO and Legal Counsel, commences maintenance of the official administrative record. See Procedure 14, Maintaining Administrative Records for the National Environmental Policy Act (NEPA) Process.

The NDM commences routine reporting per Procedure 3, Preparing National Environmental Policy Act (NEPA) Annual Planning Summaries and Monthly Reports.

The NCO, in accordance with Procedure 9, Conducting Public Participation Under the National Environmental Policy Act (NEPA), should commence early outreach to host state(s) and tribe(s), other Federal and local government officials, and other appropriate stakeholders (if any).

The NDM seeks the cooperation of other potentially involved/interested agencies, including Federal, state, local, tribal, and nongovernmental entities, as needed. In consultation with the SO/HFO, Legal Counsel, and Program/Project Management, these other organizations are to be invited to be cooperating agencies on the NEPA document.

The NDM, in consultation with the NCO, assembles the NEPA Project Team. The members of the NEPA Project Team could (depending on the complexity, degree of public concern, or the level of controversy regarding the action) include the following:

• DOE Program/Project Manager

• NCO or Representative designated by the NCO

• Legal Counsel (serves as an advisor to the NEPA Project Team)

• Community/Public Relations Specialist

• NEPA Document Preparer

• Other program or technical specialists, as needed

• Representatives from cooperating agencies

Because of the potential for conflict of interest, the Applicant Program/Project Manager may not be a NEPA Project Team Member. However, he or she may identify a Point of Contact (POC) to interface with the NEPA Project Team to facilitate information exchange.

Although not required, in consultation with the NCO the NDM may prepare, in accordance Procedure 9, Conducting Public Participation Under the National Environmental Policy Act (NEPA), and Procedure 10, Preparing Quality Assurance (QA) Plans for the National Environmental Policy Act (NEPA) Process, specific QA plans and public participation plans. The NDM may also prepare an implementation plan (IP).

The NDM, with support from the NCO and DOE Program Manager/Project Director, designates the NEPA Document Preparer. See Procedure 12, Obtaining a National Environmental Policy Act (NEPA) Document Preparer.

The NDM, with the support of the NCO, leads the NEPA Project Team in internal scoping to identify the issues and alternatives to be evaluated and the depth of analysis required.

The NDM and NEPA Document Preparer minimally provide the NEPA Project Team Members with the following information at or prior to the first internal scoping meeting:

• Draft NEPA Project Team Charter

• A copy of the approved environmental checklist (See Procedure 2, Establishing the Level of National Environmental Policy Act [NEPA] Review and Documentation),

• A copy of the EISD,

• Copies of relevant guidance,

• Discussion draft planning documents (e.g., QA plans and public participation plans),

• Discussion draft material on the purpose and need for the proposed action,

• Preliminary alternatives,

• Preliminary annotated outline and analysis approach,

• Preliminary schedule,

• Preliminary draft material on a description of the proposed action, including Conceptual Design Reports,

• Summary material on related NEPA reviews, and

• Discussion draft NOI to Prepare an EIS, to Open a Public Scoping Period, and to Conduct a Public Scoping Meeting.

The number and format of the internal scoping meetings are to be commensurate with the complexity of the action and the degree of public concern. The internal scoping process for an EIS is considered complete when the NEPA Project Team reaches a preliminary consensus on the scope of the EIS, the technical approach to the NEPA process, document organization, and for a data call necessary for NEPA document preparation.

The NDM, in accordance with Procedure 9, Conducting Public Participation Under the National Environmental Policy Act (NEPA), initiates the public participation process by preparing a NOI to Prepare an EIS, to Open a Public Scoping Period, and to Conduct a Public Scoping Meeting(s) in the Federal Register. The NOI is submitted to GC‑54 for issuance through the Federal Register liaison in the DOE HQ Office of Deputy General Counsel for Energy Policy (GC‑70). The scoping period is a minimum of 30 days. Public scoping meetings should not be held until at least 15 days after public notification.

The NCO should personally notify the host state(s) and tribe(s), other Federal and local government officials, and other appropriate stakeholders (if any).

The NDM, with support from the NCO, and in accordance with Procedure 9, Conducting Public Participation Under the National Environmental Policy Act (NEPA), plans for and conducts the public scoping meeting.

After the close of the scoping period, the NDM and NCO, with the assistance of the NEPA Document Preparer and other NEPA Project Team Members, review all written and oral public comments submitted during the scoping period. The NDM participates in resolving public comments and assists in finalizing the scope of the EIS and the alternatives that will be evaluated. The IP (if prepared) is updated to reflect the final scope.

The NEPA Document Preparer commences preparation of the EIS.

The NDM, NCO, with the assistance of the NEPA Document Preparer, transmits official requests for consultation to other Federal Agencies with jurisdiction over the proposed action, including the U.S. Fish and Wildlife Service (FWS) (under Section 7 of the Endangered Species Act, As Amended); the U.S. Army Corps of Engineers and appropriate state agencies (under Section 404 of the Clean Water Act, As Amended); and the State/Tribal Historic Preservation Officer (under Section 106, National Historic Preservation Act, As Amended). See Procedure 7, Complying with Floodplain and Wetland Requirements, Procedure 8, Managing Historic and Cultural Resources, and Procedure 11, Complying with the Endangered Species Act. The NDM ensures that these requirements are met, with few exceptions, prior to release of the Final Draft EIS.

During document preparation, the NDM, with support from the NCO and Legal Counsel, ensures that the Final Draft EIS is prepared in accordance with the DOE NEPA Guidance: Revised Recommendations for the Preparation of Environmental Assessments and Environmental Impact Statements (The Green Book), 2nd Edition, and other relevant guidance.

1. Subsequent to completion, the NEPA Project Team reviews the Final Draft EIS, ensuring that it:

• Demonstrates that the Agency fully considered the available data.

• Presents a credible reasoned analysis commensurate with the significance of the impacts of the proposed action and alternatives.

• Incorporates appropriate mitigation.

2. The NEPA Project Team is to use the Environmental Impact Statement Checklist to assist in developing comments.

3. The NDM provides a roll‑up of NEPA Project Team comments to the NEPA Document Preparer, interfacing with NEPA Project Team Members and the NEPA Document Preparer as appropriate, to ensure comments are addressed in subsequent drafts of the EIS.

The NEPA Document Preparer reworks the EIS until an adequate Final Draft is obtained. If the NEPA Document Preparer is unable to produce an adequate product, the NDM, in coordination with the DOE Project Director and DOE Contracting Officer, obtains a new NEPA Document Preparer.

The NDM arranges for a classification review of the Final Draft EIS prior to public release.

The NDM prepares a cover memorandum to transmit the Final Draft EIS from the HFO, or the SC HQ organizational unit, through the SC‑3 to the SO for concurrence.

The SO transmits the Final Draft EIS to GC‑54 for approval. The GC‑54 Director and the DOE HQ Deputy General Counsel for Environment and Nuclear Programs (GC‑50) minimally concur.

The SO requests delegation to the SO or HFO from GC‑1 through GC‑54 for subsequent approval of the Final Draft EIS.

NOTE:  This step can occur at any point during the EIS process.

1. The NDM, in conjunction with GC‑54, ensures that the Final Draft EIS is appropriately filed with the U.S. Environmental Protection Agency (EPA) according to its “Submitting Environmental Impact Statements” instructions. Statements must be filed with EPA no earlier than they are transmitted to commenting agencies and made available to the public.

2. The EPA publishes a Notice of Availability in the Federal Register.

In accordance with Procedure 9, Conducting Public Participation Under the National Environmental Policy Act (NEPA):

1. NDM, with support from the Local Public Affairs/Communications Staff, places notification of availability of the Final Draft EIS is in the local media and posts it on the web.

2. The NCO, with support from Legal Counsel and Local Public Affairs/Communications Staff, prepares letters to the host state(s), tribe(s), other Federal and local government stakeholders, and the general public to request comment. At HFO/SO discretion, the signing of these letters may be delegated.

The NDM ensures that states, tribes, other Federal and local agencies, and the public have at least 45 calendar days to review and comment on the Final Draft EIS, beginning with EPA's publication of the Notice of Availability.

The NDM, NCO, and the SC NCO provide two paper copies of the Final Draft EIS, an electronic file for posting on‑line, and a completed DOE NEPA Document Certification and Transmittal Form to GC‑54 .

The NDM ensures that at least one public hearing is scheduled (with at least 15 days advance notice and within the public comment period) to receive comments on the FInal Draft EIS. The public hearing is to be conducted in accordance with Procedure 9, Conducting Public Participation Under the National Environmental Policy Act (NEPA).

Subsequent to the comment period, the NDM compiles the comments on the Final Draft EIS and assembles the NEPA Project Team to discuss them and to decide if they warrant further investigation or updates to the Final Draft EIS. Those received late are considered to the extent possible

The NEPA Project Team provides any necessary additional comments to the NEPA Document Preparer.

The NEPA Document Preparer makes necessary changes to the Final Draft EIS and prepares a comment/response appendix that is included in the Preliminary Final EIS.

1. The NEPA Project Team conducts a final quality review of the document and makes comments as appropriate.

2. The NDM coordinates as necessary with internal and external individuals and organizations (e.g., SC NCO, GC‑54, cooperating agencies) to ensure that the Final Environmental Impact Statement (FEIS) is sufficient to support approval by GC‑54 (or SOs/HFOs if delegated) and subsequent RODs.

The NDM, as necessary, repeats the preceding two steps until an adequate Preliminary FEIS is obtained.

The NDM ensures that a security review of the Preliminary FEIS is conducted prior to public release.

The NCO prepares a recommendation memorandum to the decision‑maker to approve the EIS.

If delegation has been granted, the NCO prepares a recommendation to the SO/HFO. It may take the form of an action memorandum, signed by the NCO with an approval line for the SO/HFO, or it may be a memorandum signed directly by the SO/HFO. Copies of the FEIS are to be attached. See Environmental Assessment Approval Memorandum (Example). The concurrence chain minimally includes the NCO, Chief Counsel, Line Program/Project Manager, and the Local Public Affairs/Communications Manager.

The NDM, in conjunction with GC-54, ensures that the FEIS is appropriately filed with the EPA according to their “Submitting Environmental Impact Statements” instructions.

The NDM coordinates public release of the FEIS with the office’s Communications Manager. who ensures that notification is published in the local newspaper(s). The notification states where copies of the FEIS are available and provides an address for individuals who want to request a copy.

The NDM distributes the FEIS (normally within 2 weeks of approval and issuance of Notice of Availability) as follows:

• Host state/tribe planning and environmental departments

• Adjacent affected states (if appropriate)

• DOE HQ or SC Site Office Information Center/Freedom of Information Reading Room/local public library (2 copies)

• DOE HQ Office of General Counsel, Office of NEPA Policy and Compliance (GC‑54) (3 hard copies, 1 Adobe Acrobat PDF electronic copy)

• NCO (number of copies to be determined)

• NEPA Project Team Members (number of copies to be determined)

Other interested agencies, organizations, or individuals may receive a copy of the documents upon request. Although GC‑54 makes nearly all EISs available on its internet site, posting is not immediate. Hence, the NDM must consider making it available on another internet site.

The NDM, with support from GC‑70, publishes ROD(s) in the Federal Register. EISs must be filed with EPA for a minimum 30 day “waiting period,” beginning with an EPA publication of a Notice of Availability, before ROD(s) may be issued.

The NDM, with support from the NCO and other members of the NEPA Project Team, prepares, as necessary, a “mitigation action plan” and begin annual reporting.

The NDM, with support from the NCO and other members of the NEPA Project Team, completes the Lessons Learned Questionnaire, Revision III.

The administrative record is closed out and maintained in accordance with Procedure 14, Maintaining Administrative Records for the National Environmental Policy Act (NEPA) Process.