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 EA, the NCO, with the assistance of the responsible Line Organization, prepares an EAD memorandum to facilitate a formal determination by the SO/HFO.

The EAD 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;

• Classes of the actions to be applied from 10 CFR 1021, Appendix C to Subpart D of Part  021—Classes of Actions that Normally Require EAs but not Necessarily EISs or recognition that no class of action applies;

• Justification for recommendation. including a comparison against any potentially applicable category of actions in 10 CFR 1021, Appendix D to Subpart D of Part 1021—Classes of Actions that Normally Require 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 for the SO/HFO.

See the Environmental Assessment Determination and Cover Memorandum (Example).

Following approval of the EAD, the NCO, with the assistance of the NDM, obtains an EA document number from the U.S. Department of Energy (DOE) Headquarters (HQ) Office of NEPA Policy and Compliance (GC‑54). The following information is to be provided:

• Contact Information

• NCO

• NDM

• Name of Project

• Location

• Short Description

• Tentative Cost Estimate

• Tentative Milestones

• Determination Date

• Transmittal to State (Date)

• EA/FONSI Approval (Date)

• EA Distribution (Date)

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), initiates the public participation process by notifying host state(s) and tribe(s) in writing the intent to prepare an EA. The NCO should also commence outreach to 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

• Applicant 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

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 Project Team 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 EAD,

• 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, and

• Summary material on related NEPA reviews.

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 EA is considered complete when the NEPA Project Team reaches a consensus on the scope of the EA, the technical approach to the NEPA process, document organization, and for a data call necessary for NEPA document preparation.

The NDM and NCO, with the assistance of the NEPA Document Preparer, transmit official requests for consultation to other Federal Agencies with jurisdiction over the proposed action, including the State and 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 EA.

1. Subsequent to completion, the NEPA Project Team reviews the Final Draft EA, 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 uses the Environmental Assessment Checklist to assist in developing comments.

3. The NDM provides a roll‑up of the 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 EA.

The NEPA Document Preparer, as necessary, reworks the EA 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 EA prior to public release.

The NDM ensures that states, tribes, other Federal and local government agencies, and potentially the public have at least 14 to 30 calendar days to review and comment on the Final Draft EA.

The NDM, NCO, and the SC NCO provide two paper copies of the Final Draft EA, an electronic file for posting on‑line, and a completed DOE NEPA Document Certification and Transmittal Form to the Office of NEPA Policy and Compliance. If public comment is not being solicited, the NDM instructs the Office of NEPA Policy and Compliance not to post the EA on‑line.

The NDM may hold a public hearing in accordance with Procedure 9, Conducting Public Participation Under the National Environmental Policy Act (NEPA).

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

2. 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 EA and prepares a comment/response appendix that is included in the Preliminary Final EA.

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 or organizations (e.g., SC NCO, cooperating agencies) to ensure that the Preliminary Final EA is sufficient to support approval of the EA and a determination by the SO/HFO.

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

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

If the EA will not support a FONSI, the EA process terminates and the NCO prepares an EISD recommendation to the SO or HFO. Procedure 6, Following the Environmental Impact Statement (EIS) Process, commences.

If the EA supports a FONSI, the NCO prepares a recommendation to the SO/HFO to approve the EA. It may take the form of an action memorandum (with a copy of the EA attached), signed by the NCO with an approval line for the SO/HFO. The memorandum can also be used to transmit the FONSI to the SO/HFO for signature. Alternatively, EA approval may occur in a memorandum signed directly by the SO/HFO. See Environmental Assessment Approval Memorandum (Example). The concurrence chain minimally includes the NDM, Chief Counsel, Staff Counsel, Line Program/Project Manager, and the Local Public Affairs/Communications Manager.

1. The NDM coordinates public release of the Final EA and FONSI with the office’s Communications Manager. If the Draft EA was originally released for public comment, a press release is issued upon completion. The press release states where copies of the Final EA are available and provides information for those who want to request their own copy.

2. The NDM distributes the Final EA (normally within 2 weeks of approval) 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 EAs 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 the NCO and other members of the NEPA Project Team, prepares as necessary a “mitigation action plan” and begins 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.