FSH 1909.15 - ENVIRONMENTAL POLICY AND PROCEDURES HANDBOOK
WO AMENDMENT 1909.15-92-1 EFFECTIVE 9/21/92 ZERO CODE Contents 01 AUTHORITY02 OBJECTIVES 03 POLICY 04 RESPONSIBILITY 05 DEFINITIONS 06 OVERVIEW OF PROCESS 07 SCHEDULE OF PROPOSED ACTIONS07.04 Responsibility07.1 Frequency of Distribution07.2 Schedule Format and Content08 EMERGENCY AND CLASSIFIED ACTIONS CHAPTER 10 - ENVIRONMENTAL ANALYSIS 10.2 Objectives 10.3 Policy 10.4 Responsibility 11 CONDUCT SCOPING11.1 Organize Scoping Effort11.2 Identify the Characteristics of the Proposed Action and Nature of the Decision to be Made
11.3 Identify Responsible Official(s) and Agencies Involved11.31 Determine Lead and Cooperating Agencies 11.31a Lead Agency 11.31b Cooperating with Other Agencies 11.4 Determine If Existing Documents Address the Proposed Action 11.5 Look for Preliminary Issues and Identify Public Participation Needs
11.51 Identify Preliminary Issues 11.52 Identify Public Participation Needs 11.6 Determine if Proposal Can Be Categorically Excluded from Documentation in an Environmental Impact Statement or an
Environmental Assessment
11.7 Inform Participants and the Public of Results ofScoping and the Progress of the Analysis
12 USE INTERDISCIPLINARY ANALYSIS12.01 Authority12.03 Policy12.1 Interdisciplinary Team Selection 12.1a Team Leader 12.1b Other Team Members 12.2 Selection of Interdisciplinary Analyst(s) in Lieu of a Team 12.3 Role of the Interdisciplinary Team or Analyst(s) 12.3a Formulate Analysis and Evaluation Criteria 12.3b Identify Significant Issues12.3c Explore Possible Alternatives 12.3d Expand Public Involvement as Appropriate 13 COLLECT AND INTERPRET DATA13.01 Authority13.03 Policy14 DEVELOP ALTERNATIVES 14.1 No-Action Alternative 14.2 Other Alternatives 14.3 Alternatives Not Considered in Detail 15 ESTIMATE EFFECTS OF EACH ALTERNATIVE15.1 Cumulative Effects 16 EVALUATE ALTERNATIVES AND IDENTIFY PREFERRED ALTERNATIVE(S)
17 DETERMINE TYPE OF ENVIRONMENTAL DOCUMENT NEEDED
18 CORRECTION, SUPPLEMENTATION, OR REVISION OF ENVIRONMENTAL DOCUMENTS AND RECONSIDERATI ON OF DECISIONS TO TAKE ACTION
18.03 Policy18.1 Review and Documentation of New Information Received After a Decision Has Been Made
18.2 Reconsideration of Decisions Based on an Environmental Impact Statement
18.3 Reconsideration of Decisions Categorically Excluded from Environmental Documentation
18.4 Reconsideration of Decisions Based on an Environmental Assessment and Finding of No Significant Impact
CHAPTER 20 - ENVIRONMENTAL IMPACT STATEMENTS AND RELATED DOCUMENTS Contents 20.6 Classes of Actions Requiring an Environmental Impact Statements 21 NOTICES OF INTENT21.1 Preparation and Distribution of Notices of Intent 21.2 Revision of Notices of Intent 21.3 Cancellation of a Notice of Intent 22 UNIFORM REQUIREMENTS FOR ENVIRONMENTAL IMPACT STATEMENTS 22.1 Page Limits 22.2 Writing 22.3 Content and Format 22.31 Tiering 22.32 Adoption 22.33 Incorporation by Reference 22.34 Incomplete or Unavailable Information 22.35 Documentation of Cost-Benefit Analysis 22.36 Identification of Methodology and Scientific Accuracy 22.4 Filing, Circulation, and Availability of Environmental Impact Statements
23 REQUIREMENTS SPECIFIC TO DRAFT ENVIRONMENTAL IMPACT STATEMENTS23.1 Identification in Draft Environmental Impact Statements of Permits Necessary to Implement Proposal
23.2 Circulating and Filing a Draft Environmental Impact Statement 23.3 Solicit Comments on a Draft Environmental Impact Statement23.4 Extending the Comment Period on a Draft Environmental Impact Statement
24 REQUIREMENTS SPECIFIC TO A FINAL ENVIRONMENTAL IMPACT STATEMENT24.1 Use of Comments on a Draft Environmental ImpactStatement in a Final Environmental Impact Statement
24.2 Filing and Distributing a Final Environmental Impact Statement 24.3 Review of Other Agency Environmental Impact Statements 24.31 Referrals to Council on Environmental Quality 24.4 Review of Forest Service Legislative or Service-Wide Environmental I Impact Statements
25 OTHER PLANNING AND PREPARATION REQUIREMENTS FOR ENVIRONMENTAL IMPACT STATEMENTS25.1 Consultation Requirements 25.2 Elimination of Duplication With State and Local Procedures 25.3 Combining Documents to Eliminate Duplication 25.4 Federal Agencies With Legal Jurisdiction or Special Expertise 26 RESPONSIBILITIES WHEN APPLICANTS AND CONTRACTORS ARE INVOLVED27 DOCUMENTATION OF DECISIONS27.1 Timing of a Decision 27.2 Record of Decision 27.21 Format and Content 28 NOTICE AND DISTRIBUTION OF THE RECORD OF DECISION CHAPTER 30 - CATEGORICAL EXCLUSION FROM DOCUMENTATION Contents 30.3 Policy30.5 Definitions 31 CATEGORIES OF ACTIONS EXCLUDED FROM DOCUMENTATION31.1 Categories for Which a Project or Case File and Decision Memo Are Not Required
31.1a Categories Established by the Secretary31.1b Categories Established by the Chief31.1b.9 Ski Permit Interim Directive
31.2 Categories of Actions for Which a Project or Case File and Decision Memo Are Required
32 DOCUMENTATION OF DECISIONS32.1 Decision Memo Not Required32.2 Decision Memo Required32.3 Format and Content of a Decision Memo 33 NOTICE AND DISTRIBUTION OF DECISION MEMO CHAPTER 40 - ENVIRONMENTAL ASSESSMENTS AND RELATED DOCUMENTS Contents 41 ENVIRONMENTAL ASSESSMENTS41.1 Purpose of Environmental Assessments 41.2 Content 42 OTHER CONSIDERATIONS IN PREPARING ENVIRONMENTAL ASSESSMENTS42.1 Tiering 42.2 Adoption 42.3 Incorporation by Reference 43 DOCUMENTATION OF DECISIONS43.1 Finding of No Significant Impact (FONSI) 43.2 Decision Notice 43.21 Format and Content 44 NOTICE AND DISTRIBUTION OF FONSI AND DECISION NOTICE CHAPTER 50 - IMPLEMENTATION AND MONITORING Contents 50.3 Policy 51 IMPLEMENTING DECISIONS DOCUMENTED IN A RECORD OF DECISION 52 IMPLEMENTING DECISIONS DOCUMENTED IN A DECISION NOTICE 53 MONITORING CHAPTER 60 - REFERENCES Contents 61 ENVIRONMENTAL FACTORS 61.1 Physical Factors 61.2 Biological Factors 61.3 Economic Factors 61.4 Social Factors 62 INDEXING STANDARDS 62.05 Definitions 62.06 References 62.1 Length 62.2 Layout 62.3 Conventional Practices 62.4 Methodology 63 LIST OF FEDERAL AGENCIES AND FEDERAL-STATE AGENCIES WITH JURISDICTION BY LAW OR SPECIAL EXPERTISE ON ENVIRONMENTAL
QUALITY ISSUES 63.1 List of Federal and Federal-State Agencies for Distribution of Draft and Final Environmental Impact Statements
64 LAWS 64.1 National Environmental Policy Act of 1969 as Amended 64.1 Environmental Quality Improvement Act 64.3 Section 309, Clean Air Act 65 REGULATIONS AND SUPPLEMENTARY INFORMATION 65.1 Council on Environmental Quality (CEQ) Regulations 65.11 CEQ Supplementary Information 65.12 CEQ 40 Most-Asked Questions 65.13 CEQ Scoping Guidance 65.14 CEQ Guidance Regarding NEPA Regulations 65.2 Department of Agriculture NEPA Policies and Procedures 65.21 Department of Agriculture Land Use Policy65.3 Environmental Protection Agency Rating System 66 EXECUTIVE ORDERS 66.1 E.O. 11514--Protection and Enhancement of Environmental Quality 66.2 E.O. 11987--Exotic Organisms 66.3 E.O. 11988--Floodplain Management 66.4 E.O. 11990--Protection of Wetlands 67 FEDERAL REGISTER DOCUMENT REQUIREMENTS 68 STATE AND LOCAL AGENCIES [Reserved] FSH 1909.15 - ENVIRONMENTAL POLICY AND PROCEDURES HANDBOOK WO AMENDMENT 1909.15-92-1 EFFECTIVE 9/21/92 ZERO CODE This Handbook provides procedural guidance for implementing the National Environmental Policy Act (NEPA), the Council on Environmental Quality (CEQ) regulations (40 CFR Parts 1500-1508), USDA NEPA Policies and Procedures (7 CFR Part 1b), and Forest Service Manual Chapter 1950. Specifically, this Handbook provides direction and guidance for analyzing and documenting the environmental consequences of proposed actions. Chapter 10 sets forth guidelines on scoping and environmental analysis. Chapters 20, 30, and 40 contain the documentation and process requirements for environmental impact statements, categorical exclusions, and environmental assessments. Chapter 50 addresses implementing and monitoring requirements. Chapter 60 includes the text of pertinent laws, regulations, memoranda, and other reference materials which may be useful to carry out the procedures in this Handbook. 01 - AUTHORITY.
1. The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321-4346; FSM 1950.1). The full text of the act is set out in chapter 60. 2. Council on Environmental Quality Regulations (40 CFR Parts 1500-1508). These regulations set forth specific requirements for implementing the provisions of the National Environmental Policy Act. For ease of reference and use, the portions of the CEQ regulations governing implementation of NEPA are incorporated throughout the text of this Handbook. The CEQ regulations are set out in boldface to distinguish them from Forest Service direction. The full text of these regulations is set out in chapter 60. 3. U.S. Department of Agriculture NEPA Policies and Procedures (7 CFR Part 1b; FSM 1950). The text of these regulations is set out in chapter 60. Portions of these rules are set out in boldface type in this and other chapters to distinguish them from Forest Service direction. 02 - OBJECTIVES.
1. To incorporate environmental considerations into Forest Service planning and decisionmaking in a systematic and cost-effective manner. 2. To conduct and document environmental analyses and the related decisions associated with national forest resource management, cooperative forestry, and research activities in a consistent manner.03 - POLICY. Procedures in this Handbook apply to the fullest
extent practicable to analyses and documents. However, work completed under previous policy and guidelines need not be revised. The procedures in the Handbook must be used in conjunction with other direction found throughout the Forest Service Manual and Handbooks. Specifically, use this Handbook in conjunction with FSM Chapter 1950, Environmental Policy and Procedures, which sets forth the broad Forest Service objectives, policy, and responsibilities for meeting the requirements of the National Environmental Policy Act. Also, integrate the requirements in this Handbook with the procedures set forth in FSM 1920 and FSH 1909.12 and the regulations implementing the National Forest Management Act (36 CFR Part 219). 04 - RESPONSIBILITY. Line officers are responsible for
ensuring that the procedures in this Handbook are understood and followed by all involved in NEPA compliance. 05 - DEFINITIONS. The definitions in boldface are those taken directly from the CEQ regulations (40 CFR Part 1508). The remaining terms and definitions are those devised by the Forest Service and used throughout this handbook. Act. ...the National Environmental Policy Act, as amended (42 U.S.C. 4321, et seq.) which is also referred to as "NEPA." (40 CFR 1508.2) Categorical Exclusion. ...a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of these regulations ({1507.3) and for which, therefore, neither an environmental assessment nor an environmental impact statement is required. (40 CFR 1508.4) Connected Actions. Actions are connected if they: (i) Automatically trigger other actions which may require environmental impact statements. (ii) Cannot or will not proceed unless other actions are taken previously or simultaneously. (iii) Are interdependent parts of a larger action and depend on the larger action for their justification. (40 CFR 1508.25) Cooperating Agency. ... any Federal agency other than a lead agency which has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal (or a reasonable alternative) for legislation or other major Federal action significantly affecting the quality of the human environment. The selection and responsibilities of a cooperating agency are described in {1501.6. A State or local agency of similar qualifications or, when the effects are on a reservation, an Indian Tribe, may by agreement with the lead agency become a cooperating agency. (40 CFR 1508.5) Council. ...the Council on Environmental Quality established by Title II of the Act. (40 CFR 1508.6) Cumulative Action. ...actions, which when viewed with other proposed actions have cumulatively significant impacts and should therefore be discussed in the same impact statement. (40 CFR 1508.25) Cumulative Impact. ...the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. (40 CFR 1508.7) Decision Document. A record of decision, decision memo, or decision notice. Decision Memo. A concise written record of the responsible official's decision to implement an action that has been categorically excluded from documentation in an environmental impact statement or environmental assessment (sec. 30.5). Decision Notice. A concise written record of the responsible official's decision based on an environmental assessment and a finding of no significant impact (sec. 43.2). Effects. These include: (a) Direct effects, which are caused by the action and occur at the same time and place. (b) Indirect effects, which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect effects may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems. Effects and impacts as used in these regulations are synonymous. Effects includes ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural, economic, social, or health, whether direct, indirect, or cumulative. Effects may also include those resulting from actions which may have both beneficial and detrimental effects, even if on balance the agency believes that the effect will be beneficial. (40 CFR 1508.8) See also, cumulative impact. Environmental Analysis. An investigation of a proposed action and alternatives to that action and their direct, indirect, and cumulative environmental impacts; the process which provides the necessary information for reaching an informed decision and the information needed for determining whether a proposed action may have significant environmental effects and determining the type environmental document required (Ch. 10). Environmental Assessment. (a) ... a concise public document for which a Federal agency is responsible that serves to: (1) Briefly provide sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact. (2) Aid an agency's compliance with the Act when no environmental impact statement is necessary. (3) Facilitate preparation of a statement when one is necessary. (b) Shall include brief discussions of the need for the proposal, of alternatives as required by section 102(2)(E), of the environmental impacts of the proposed action and alternatives, and a listing of agencies and persons consulted. (40 CFR 1508.9) Environmental Design Arts. Disciplines that integrate the design arts with natural and social sciences in planning and decisionmaking which may have an impact on the environment. Environmental Document. ...includes the documents specified in {1508.9 (environmental assessment), {1508.11 (environmental impact statement), {1508.13 (finding of no significant impact), and {1508.22 (notice of intent). (40 CFR 1508.10) Environmental Impact Statement. ...a detailed written statement as required by section 102(2)(C) of the Act. (40 CFR 1508.11) Environmentally Preferable Alternative. An alternative that best meets the goals of section 101 of the National Environmental Policy Act and required by 40 CFR 1505.2(b) to be identified in a record of decision. Ordinarily, this is the alternative that causes the least damage to the biological and physical environment and best protects, preserves, and enhances historical, cultural, and natural resources. In some situations, there may be more than one environmentally preferable alternative. Federal Agency. ...all agencies of the Federal Government. It does not mean the Congress, the Judiciary, or the President, including the performance of staff functions for the President in his Executive Office. (40 CFR 1508.12) Finding of No Significant Impact (FONSI). ...a document by a Federal agency briefly presenting the reasons why an action, not otherwise excluded ({1508.4), will not have a significant effect on the human environment and for which an environmental impact statement therefore will not be prepared. It shall include the environmental assessment or a summary of it and shall note any other environmental documents related to it ({1501.7(a)(5)). (40 CFR 1508.13) Floodplains. As defined by E.O. 11988, as amended, lowland and relatively flat areas adjoining inland and coastal waters including flood prone areas of offshore islands, including at a minimum, that area subject to a one percent or greater chance of flooding in any given year (sec. 66.3). Human Environment. ... shall be interpreted comprehensively to include the natural and physical environment and the relationship of people with that environment ...This means that economic or social effects are not intended by themselves to require preparation of an environmental impact statement. When an environmental impact statement is prepared and economic or social and natural or physical environmental effects are interrelated, then the environmental impact statement will discuss all of these effects on the human environment. (40 CFR 1508.14) Irreversible. A term that describes the loss of future options. Applies primarily to the effects of use of nonrenewable resources, such as minerals or cultural resources, or to those factors, such as soil productivity that are renewable only over long periods of time. Irretrievable. A term that applies to the loss of production, harvest, or use of natural resources. For example, some or all of the timber production from an area is lost irretrievably while an area is serving as a winter sports site. The production lost is irretrievable, but the action is not irreversible. If the use changes, it is possible to resume timber production. Jurisdiction by Law. ...agency authority to approve, veto, or finance all or part of the proposal. (40 CFR 1508.15) Lead Agency. ...the agency or agencies preparing or having taken primary responsibility for preparing the environmental impact statement. (40 CFR 1508.16) This also applies to environmental assessments. See also, joint lead agencies (40 CFR 1506.2(4)(c)). Legislation. ...a bill or legislative proposal to Congress developed by or with the significant cooperation and support of a Federal agency, but does not include requests for appropriations. The test for significant cooperation is whether the proposal is in fact predominantly that of the agency rather than another source. Drafting does not by itself constitute significant cooperation. Proposals for legislation include requests for ratification of treaties. Only the agency which has primary responsibility for the subject matter involved will prepare a legislative environmental impact statement. (40 CFR 1508.17) Major Federal Action. ...includes actions with effects that may be major and which are potentially subject to Federal control and responsibility. Major reinforces but does not have a meaning independent of significantly ({1508.27). Actions include the circumstance where the responsible officials fail to act and that failure to act is reviewable by courts or administrative tribunals under the Administrative Procedure Act or other applicable law as agency action. (a) Actions include new and continuing activities, including projects and programs entirely or partly financed, assisted, conducted, regulated, or approved by federal agencies; new or revised agency rules, regulations, plans, policies, or procedures; and legislative proposals ({1506.8, 1508.17). Actions do not include funding assistance solely in the form of general revenue sharing funds, distributed under the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. 1221 et seq., with no Federal agency control over the subsequent use of such funds. Actions do not include bringing judicial or administrative civil or criminal enforcement actions. (b) Federal actions tend to fall within one of the following categories: (1) Adoption of official policy, such as rules, regulations, and interpretations adopted pursuant to the Administrative Procedure Act, 5 U.S.C. 551 et seq.; treaties and international conventions or agreements; formal documents establishing an agency's policies which will result in or substantially alter agency programs. (2) Adoption of formal plans, such as official documents prepared or approved by federal agencies which guide or prescribe alternative uses of Federal resources, upon which future agency actions will be based. (3) Adoption of programs, such as a group of concerted actions to implement a specific policy or plan; systematic and connected agency decisions allocating agency resources to implement a specific statutory program or executive directive. (4) Approval of specific projects, such as construction or management activities located in a defined geographic area. Projects include actions approved by permit or other regulatory decision as well as Federal and federally assisted activities. (40 CFR 1508.18) Matter. (a) With respect to the Environmental Protection Agency, any proposed legislation, project, action or regulation as those terms are used in section 309(a) of the Clean Air Act (42 U.S.C. 7609). (b) With respect to all other agencies, any proposed major Federal action to which section 102(2)(C) of NEPA applies. (40 CFR 1508.19) Mitigation. ... (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. (40 CFR 1508.20) NEPA Process. ...all measures necessary for compliance with the requirements of section 2 and Title I of NEPA. (40 CFR 1508.21) Notice of Intent. ...a notice that an environmental impact statement will be prepared and considered. (40 CFR 1508.22) Preferred Alternative. The alternative(s) which the agency believes would best fulfill its statuatory mission and responsibilities, giving consideration to environmental, social, economic, and other factors and disclosed in an environmental impact statement. Prime Farmland, Rangeland, and Forest Land. (See Departmental Regulation 9500-3 in section 65.21 for a detailed definition.) Proposed Action. A proposal made by the Forest Service to authorize, recommend, or implement an action to meet a specific purpose and need (see definition for proposal). Proposal. ...exists at that stage in the development of an action when an agency subject to the Act has a goal and is actively preparing to make a decision on one or more alternative means of accomplishing that goal and the effects can be meaningfully evaluated... A proposal may exist in fact as well as by agency declaration that one exists. (40 CFR 1508.23) Referring Agency. ...the Federal agency which has referred any matter to the Council after a determination that the matter is unsatisfactory from the standpoint of public health or welfare or environmental quality. (40 CFR 1508.24) Similar Actions. Actions which -- (3) ... when viewed with other reasonably foreseeable or proposed agency actions, have similarities that provide a basis for evaluating their environmental consequences together, such as common timing or geography. (40 CFR 1508.25) Scope. ...the range of actions, alternatives, and impacts to be considered in an environmental impact statement. (40 CFR 1508.25) Scoping. The procedure by which the Forest Service identifies important issues and determines the extent of analysis necessary for an informed decision on a proposed action. Scoping is an integral part of environmental analysis. See sec. 10.3 for Forest Service policy on use of this term. Significantly. This term includes both context and intensity: (a) Context. This means that the significance of an action must be analyzed in several contexts such as society as a whole (human, national), the affected region, the affected interests, and the locality. Significance varies with the setting of the proposed action. For instance, in the case of a site-specific action, significance would usually depend upon the effects in the locale rather than in the world as a whole. Both short- and long-term effects are relevant. (b) Intensity. This refers to the severity of impact. Responsible officials must bear in mind that more than one agency may make decisions about partial aspects of a major action. The following should be considered in evaluating intensity: (1) Impacts that may be both beneficial and adverse. A significant effect may exist even if the Federal agency believes that on balance the effect will be beneficial. (2) The degree to which the proposed action affects public health or safety. (3) Unique characteristics of the geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. (4) The degree to which the effects on the quality of the human environment are likely to be highly controversial. (5) The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks. (6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration. (7) Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. Significance exists if it is reasonable to anticipate a cumulatively significant impact on the environment. Significance cannot be avoided by terming an action temporary or by breaking it down into small component parts. (8) The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places or may cause loss or destruction of significant scientific, cultural, or historical resources. (9) The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of 1973. (10) Whether the action threatens a violation of Federal, State, or local law or requirements imposed for the protection of the environment. (40 CFR 1508.27) Special Expertise. ...statutory responsibility, agency mission, or related program experience. (40 CFR 1508.26) Tiering. ...the coverage of general matters in broader environmental impact statements (such as national program or policy statements) with subsequent narrower statements or environmental analyses (such as regional or basinwide program statements or ultimately site-specific statements) incorporating by reference the general discussions and concentrating solely on the issues specific to the statement subsequently prepared. Tiering is appropriate when the sequence of statements or analyses is: (a) From a program, plan, or policy environmental impact statement to a program, plan, or policy statement or analysis of lesser scope or to a site-specific statement or analysis. (b) From an environmental impact statement on a specific action at an early stage (such as need and site selection) to a supplement (which is preferred) or a subsequent statement or analysis at a later stage (such as environ- mental mitigation). Tiering in such cases is appropriate when it helps the lead agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe. (40 CFR 1508.28) Wetlands. As defined by E.O. 11990, areas that are inundated by surface or ground water with a frequency sufficient to support, and that under normal circumstances do or would support, a prevalence of vegetation or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction (sec. 66.4). 06 - OVERVIEW OF PROCESS. Exhibit 01 illustrates the National
Environmental Policy Act process and indicates the normal sequence of actions. 06 - Exhibit 01 07 - SCHEDULE OF PROPOSED ACTIONS. Provide notice of upcoming
proposals which may undergo environmental analysis and documentation to interested and affected agencies, organizations, and persons through the use of a schedule of proposed actions. The purpose of the schedule of proposed actions is to give early informal notice of proposals so the public can become aware of Forest Service activities and indicate their interest in specific proposals. It is not intended as a substitute for routine scoping described in Section 11 of this Handbook. 07.04 - Responsibility. Each Forest Supervisor and District
Ranger as designated by the Forest Supervisor is responsible for ensuring the preparation and distribution of a schedule of proposed actions in accordance with this section. 07.1 - Frequency of Distribution. Prepare and distribute the
schedule of proposed actions at least every three months to interested and affected agencies, organizations, and individuals. The schedule should include proposed actions which are anticipated to be categorically excluded from documentation in an environmental impact statement or an environmental assessment and for which a decision memo would be required (ch. 30). For those proposed actions which are planned and will undergo analysis after publication of the schedule, include notice of the action and the status in the next schedule. 07.2 - Schedule Format and Content. Any format may be used;
however, as a minimum, the schedule of proposed actions shall contain the following information: 1. Name of the administrative unit and time period covered by the schedule. 2. Description of the upcoming projects and/or activities which are expected to undergo environmental analysis in the time period specified. 3. Location of the proposed action including the State, county, and where appropriate, the Ranger District and the legal land description. 4. The estimated date when scoping may begin. 5. The estimated date of the decision. 6. A name, address, and telephone number of the person to contact for information and/or to be placed on the mailing list. 7. Status of the environmental analysis including dates of any Federal Register or other legal notices and dates of decision documents planned or previously published or issued, and the estimated implementation date(s). 08 - EMERGENCY AND CLASSIFIED ACTIONS.
1. Emergency Actions. ...Where emergency circumstances make it necessary to take an action with significant environmental impact without observing the provisions of these regulations, the Federal agency taking the action should consult with the Council about alternative arrangements. Agencies and the Council will limit such arrangements to actions necessary to control the immediate impacts of the emergency. Other actions remain subject to NEPA review. (40 CFR 1506.11) For emergencies other than fire suppression, contact the Washington Office Director of Environmental Coordination regarding consultation with the Council on Environmental Quality (FSM 1950.41b and 1950.42). 2. Classified Actions. ...(c) Agency procedures may include specific criteria for providing limited exceptions to the provisions of these regulations for classified proposals. They are proposed actions which are specifically authorized under criteria established by an Executive Order or statute to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive Order or statute. Environmental assessments and environmental impact statements which address classified proposals may be safeguarded and restricted from public dissemination in accordance with agencies' own regulations applicable to classified information. These documents may be organized so that classified portions can be included as annexes, in order that the unclassified portions can be made available to the public. (40 CFR 1507.3(c)) Among the exemptions to public disclosure requirements, the Freedom of Information Act contains an exemption for law enforcement purposes to the extent that production of investigatory records would "(A) interfere with enforcement proceedings, ... (E) disclose investigative techniques and personnel." (5 U.S.C. 552(b)(7)(1977)). Cannabis eradication falls within the scope of this exemption. For this reason, environmental and decision documents which address cannabis eradication should be withheld from public disclosure until the cannabis has been eradicated from the site or until law enforcement needs no longer require that they be withheld.
CHAPTER 10 - ENVIRONMENTAL ANALYSIS Environmental analysis assesses the nature and importance of the physical, biological, social, and economic effects of a proposed action and its reasonable alternatives. Exhibit 01 in sec. 06, Chapter Zero Code, shows how environmental analysis relates to other procedures required under the National Environmental Policy Act and its implementing regulations. For ease of reference and use, portions of the relevant CEQ regulations are set out in boldface type throughout the text of this chapter. 10.2 - Objectives.
1. Conduct scoping (sec. 05) to: a. Determine the nature and complexity of the proposed action. b. Identify environmental issues related to the proposed action. c. Determine the disciplines required to guide environmental analysis and documentation. d. Determine how much analysis is necessary. e. Achieve effective use of time and money in conducting environmental analysis. f. Determine the type and level of public participation. 2. Conduct environmental analyses to assess the nature, characteristics, and significance of the effects of a proposed action and its alternatives on the human environment. 10.3 - Policy.
1. Environmental analysis, as the term is used in the Forest Service, includes scoping as well as subseqent analysis of the proposed action. 2. The use of scoping applies to all proposed actions which require environmental analysis; it is not limited to the preparation of an environmental impact statement (EIS). a. Conduct the scoping actions set forth in this chapter commensurate with the nature and complexity of the proposed action. b. Keep the public informed of the progress of environmental analyses and decisionmaking. 10.4 - Responsibility. The official who is responsible for a
decision on a proposed action (FSM 1950.4) also has the responsibility to: 1. Ensure that an appropriate level of scoping and environmental analysis and documentation occurs. 2. Determine whether an interdisciplinary (ID) team of specialists and a formal plan of work are needed. 3. Select the ID team and leader, where needed, and keep abreast of their work (sec. 12.1). 4. Ensure that the public is kept informed of the results of scoping and the progress of the environmental analysis commensurate with the public interest in the proposed action. 5. Approve the list of significant issues used to develop alternatives to the proposed action (sec. 12.3b). 6. Decide which alternatives to a proposed action merit detailed study and analysis (sec. 12.3c). 7. Identify the preferred alternative (sec. 16). For actions where the Chief or the Secretary is the responsible official, it is the responsibility of the Washington Office (WO) Director, Environmental Coordination Staff, to participate in scoping and subsequent analysis, including identification of the preferred alternative(s), with the appropriate field or other WO staffs and to involve the appropriate Deputy Chief, the Chief, or the Assistant Secretary, as necessary (FSM 1950.41a). 11 - CONDUCT SCOPING. Although the Council on Environmental
Quality (CEQ) Regulations require scoping only for EIS preparation, the Forest Service has broadened the concept to apply to all proposed actions. Scoping is an integral part of environmental analysis. Scoping includes refining the proposed action, determining the responsible official and lead and cooperating agencies, identifying preliminary issues, and identifying interested and affected persons. The results of scoping are used to identify public involvement methods, refine issues, select an interdisciplinary team, establish analysis criteria, and explore possible alternatives and their probable environmental effects. Because the nature and complexity of a proposed action determine the scope and intensity of the required analysis, no single technique is required or prescribed. Except where required by statute or regulations, the responsible official may adjust or combine the various steps of the process outlined in this chapter to aid in the understanding of the proposed action and identified issues. The following direction on scoping from the CEQ regulations applies to all scoping conducted by the Forest Service without regard to whether or not the results of the analysis is to be documented in an EIS or an environmental assessment (EA). There shall be an early and open process for determining the scope of issues to be addressed and for identifying the significant issues related to a proposed action. This process shall be termed scoping... (a) As part of the scoping process the lead agency shall: (1) Invite the participation of affected Federal, State, and local agencies, any affected Indian tribe, the proponent of the action, and other interested persons (including those who might not be in accord with the action on environmental grounds), unless there is a limited exception under {1507.3(c). An agency may give notice in accordance with {1506.6. (2) Determine the scope ({1508.25) and the significant issues to be analyzed in depth in the environmental impact statement. (3) Identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental review ({1506.3), narrowing the discussion of these issues in the statement to a brief presentation of why they will not have a significant effect on the human environment or providing a reference to their coverage elsewhere. (4) Allocate assignments for preparation of the environmental impact statement among the lead and cooperating agencies, with the lead agency retaining responsibility for the statement. (5) Indicate any public environmental assessments and other environmental impact statements which are being or will be prepared that are related to but are not part of the scope of the impact statement under consideration. (6) Identify other environmental review and consultation requirements so the lead and cooperating agencies may prepare other required analyses and studies concurrently with, and integrated with, the environmental impact statement as provided in {1502.25. (7) Indicate the relationship between the timing of the preparation of environmental analyses and the agency's tentative planning and decisionmaking schedule. (40 CFR 1501.7) For additional guidance on scoping, see sec. 65.13, "CEQ Scoping Guidance." 11.1 - Organize Scoping Effort. The National Environmental
Policy Act (NEPA) requires a systematic, interdisciplinary approach to ensure integrated application of the natural and social sciences and the environmental design arts in any planning and decisionmaking that affects the human environment (NEPA, sec. 102(2)(A)). The responsible official may choose whether or not to establish an interdisciplinary (ID) team and designate a team leader to conduct scoping. However, the decision not to establish an ID team does not relieve the Forest Service of the responsibility to take an interdisciplinary approach to the scoping of the proposed action. In ensuring an interdisciplinary approach to the scoping process, responsible officials shall be guided by the direction on interdisciplinary analysis in section 12 of this chapter. 11.2 - Identify the Characteristics of the Proposed Action and
Nature of the Decision to be Made. The most important element of the scoping process is to correctly identify and describe the proposed action. Elements of the proposed action include the nature, characteristics, and scope of the proposed action, the purpose and need for the proposed action, and the decision to be made. The following concepts from the CEQ regulations also apply to gathering preliminary information for all proposals which may undergo environmental analyses: (a) Agencies shall make sure the proposal which is the subject of an environmental impact statement is properly defined. Agencies shall use the criteria for scope ({1508.25) to determine which proposal(s) shall be the subject of a particular statement. Proposals or parts of proposals which are related to each other closely enough to be, in effect, a single course of action shall be evaluated in a single impact statement. (b) Environmental impact statements may be prepared, and are sometimes required, for broad Federal actions such as the adoption of new agency programs or regulations ({1508.18). Agencies shall prepare statements on broad actions so that they are relevant to policy and are timed to coincide with meaningful points in agency planning and decisionmaking. (c) When preparing statements on broad actions (including proposals by more than one agency), agencies may find it useful to evaluate the proposal(s) in one of the following ways: (1) Geographically, including actions occurring in the same general location, such as body of water, region, or metropolitan area. (2) Generically, including actions which have relevant similarities, such as common timing, impacts, alternatives, methods of implementation, media, or subject matter. (3) By stage of technological development including federal or federally assisted research, development or demonstration programs for new technologies which, if applied, could significantly affect the quality of the human environment. Statements shall be prepared on such programs and shall be available before the program has reached a stage of investment or commitment to implementation likely to determine subsequent development or restrict later alternatives. (d) Agencies shall as appropriate employ scoping ({1501.7), tiering ({1502.20), and other methods listed in {1500.4 and 1500.5 to relate broad and narrow actions and to avoid duplication and delay. (40 CFR 1502.4) 11.3 - Identify Responsible Official(s) and Agencies Involved.
The agency employee who has the delegated authority to make and implement a decision on a proposed action (FSM 1230; 1950) is the responsible official for NEPA compliance. When an action is proposed, the responsible official must identify and contact other Federal, State, or local agencies with an interest in the action. 11.31 - Determine Lead and Cooperating Agencies. The CEQ
regulations address the role of the lead and cooperating agencies' responsibilities as follows: The purpose of this section is to emphasize agency cooperation early in the NEPA process. Upon request of the lead agency, any other Federal agency which has jurisdiction by law shall be a cooperating agency. In addition any other Federal agency which has special expertise with respect to any environmental issue, which should be addressed in the statement may be a cooperating agency upon request of the lead agency. An agency may request the lead agency to designate it a cooperating agency. (a) The lead agency shall: (1) Request the participation of each cooperating agency in the NEPA process at the earliest possible time. (2) Use the environmental analysis and proposals of cooperating agencies with jurisdiction by law or special expertise, to the maximum extent possible consistent with its responsibility as lead agency. (3) Meet with a cooperating agency at the latter's request. (b) Each cooperating agency shall: (1) Participate in the NEPA process at the earliest possible time. (2) Participate in the scoping process (described below in {1501.7). (3) Assume on request of the lead agency responsibility for developing information and preparing environmental analyses including portions of the environmental impact statement concerning which the cooperating agency has special expertise. (4) Make available staff support at the lead agency's request to enhance the latter's interdisciplinary capability. (5) Normally use its own funds. The lead agency shall, to the extent available funds permit, fund those major activities or analyses it requests from cooperating agencies. Potential lead agencies shall include such funding requirements in their budget requests. (c) A cooperating agency may in response to a lead agency's request for assistance in preparing the environmental impact statement (described in paragraph (b) (3), (4), or (5) of this section) reply that other program commitments preclude any involvement or the degree of involvement requested in the action that is the subject of the environmental impact statement. A copy of this reply shall be submitted to the Council. (40 CFR 1501.6) Refer to definitions of lead and cooperating agency in Chapter Zero Code, Section 05. For additional guidance on lead and cooperating agencies, see Sec. 65.12, "CEQ's 40 Most Asked Questions," questions 14a, 14b, 14c, and 30. 11.31a - Lead Agency. When the proposed action will occur on
National Forest System lands, the Forest Service is usually the lead agency. The Forest Service may also be a lead or cooperating agency when State and private forest lands are involved. The CEQ regulations address the determination and role of the lead agency as follows: (a) A lead agency shall supervise the preparation of an environmental impact statement if more than one Federal agency either: (1) Proposes or is involved in the same action; or (2) Is involved in a group of actions directly related to each other because of their functional interdependence or geographical proximity. (b) Federal, State, or local agencies, including at least one Federal agency, may act as joint lead agencies to prepare an environmental impact statement ({1506.2). (c) If an action falls within the provisions of paragraph (a) of this section the potential lead agencies shall determine by letter or memorandum which agency shall be the lead agency and which shall be cooperating agencies. The agencies shall resolve the lead agency question so as not to cause delay. If there is disagreement among the agencies, the following factors (which are listed in order of descending importance) shall determine lead agency designation: (1) Magnitude of agency's involvement. (2) Project approval/disapproval authority. (3) Expertise concerning the action's environmental effects. (4) Duration of agency's involvement. (5) Sequence of agency's involvement. (d) Any Federal agency, or any State or local agency or private person substantially affected by the absence of lead agency designation, may make a written request to the potential lead agencies that a lead agency be designated. (e) If Federal agencies are unable to agree on which agency will be the lead agency or if the procedure described in paragraph (c) of this section has not resulted within 45 days in a lead agency designation, any of the agencies or persons concerned may file a request with the Council asking it to determine which Federal agency shall be the lead agency. A copy of the request shall be transmitted to each potential lead agency. The request shall consist of: (1) A precise description of the nature and extent of the proposed action. (2) A detailed statement of why each potential lead agency should or should not be the lead agency under the criteria specified in paragraph (c) of this section. (f) A response may be filed by any potential lead agency concerned within 20 days after a request is filed with the Council. The Council shall determine as soon as possible but not later than 20 days after receiving the request and all responses to it which Federal agency shall be the lead agency and which other Federal agencies shall be cooperating agencies. (40 CFR 1501.5) If a responsible Forest Service official wishes to ask the Council on Environmental Quality to determine which Federal agency shall be the lead agency, send the request to the Washington Office Director of Environmental Coordination for processing. 11.31b - Cooperating With Other Agencies. Where National
Forest System lands are involved, the Forest Service shall play a strong role in the preparation of environmental documents. If the Forest Service is the lead agency, promptly request in writing that all other Federal agencies with jurisdiction by law or special expertise (sec. 05) become cooperating agencies. Also, promptly request in writing the cooperation of potentially affected State and local government agencies. When National Forest System lands are involved and the Forest Service is not the lead agency, the responsible Forest Service official shall make a written request to participate as a cooperating agency in scoping, environmental analysis, and documentation. If the Forest Service is asked to be a cooperating agency and other program commitments preclude being able to become involved, the responsible official shall consult with the Washington Office Director of Environmental Coordination prior to preparing a reply to this effect to the requesting agency. Send two copies of this reply to the Director of Environmental Coordination in Washington, D.C., for transmittal to the Council on Environmental Quality. 11.4 - Determine if Existing Documents Address the Proposed
Action. During scoping, determine if there are existing documents pertinent to the environmental analysis. Existing environmental documents, higher level plans such as Land and Resource Management Plans or Regional Vegetation Management Plans, and other pertinent documents, including State and local land use plans or data sources, may provide useful information to: 1. Help define the proposed action. 2. Narrow the scope of analysis. 3. Estimate potential environmental effects. 4. Reduce the bulk of the documentation. In such cases, all or parts of these existing documents may be tiered to, adopted, or incorporated by reference in documenting the site-specific environmental analysis (secs. 05, 22.32, 25.1, and 25.2). 11.5 - Look for Preliminary Issues and Identify Public
Participation Needs. 11.51 - Identify Preliminary Issues. Identify and evaluate
preliminary issues for possible significance, based on review of similar actions, knowledge of the area or areas involved, discussions with interested and affected persons, community leaders, organizations, and State and local governments, and/or consultations with experts and other agencies familiar with such actions and their direct, indirect, and cumulative effects. This review provides an early look at potential issues, sharpens the focus of the environmental analysis, and provides a means for: (d) Identifying at an early stage the significant environmental issues deserving of study and deemphasizing insignificant issues, narrowing the scope of the environmental impact statement accordingly. (40 CFR 1501.1(d)) 11.52 - Identify Public Participation Needs. Review and
consider comments and suggestions offered by interested and affected agencies, organizations, and individuals in response to listing of the action in the schedule of proposed actions (sec. 07). Consider options for involving potentially interested and affected agencies, organizations, and persons in the analysis process. The CEQ regulations provide the following direction on public notice and participation: Agencies shall:... (b) Provide public notice of NEPA-related hearings, public meetings, and the availability of environmental documents so as to inform those persons and agencies who may be interested or affected. (1) In all cases the agency shall mail notice to those who have requested it on an individual action. (2) In the case of an action with effects of national concern notice shall include publication in the FEDERAL REGISTER and notice by mail to national organizations reasonably expected to be interested in the matter...An agency engaged in rulemaking may provide notice by mail to national organizations who have requested that notice regularly be provided. Agencies shall maintain a list of such organizations. (3) In the case of an action with effects primarily of local concern the notice may include: (i) Notice to State and areawide clearinghouses... (ii) Notice to Indian tribes when effects may occur on reservations. (iii) Following the affected State's public notice procedures for comparable actions. (iv) Publication in local newspapers (in papers of general circulation rather than legal papers). (v) Notice through other local media. (vi) Notice to potentially interested community organizations including small business associations. (vii) Publication in newsletters that may be expected to reach potentially interested persons. (viii) Direct mailing to owners and occupants of nearby or affected property. (ix) Posting of notice on and off site in the area where the action is to be located. (c) Hold or sponsor public hearings or public meetings whenever appropriate or in accordance with statutory requirements applicable to the agency. Criteria shall include whether there is: (1) Substantial environmental controversy concerning the proposed action or substantial interest in holding the hearing. (2) A request for a hearing by another agency with jurisdiction over the action supported by reasons why a hearing will be helpful. If a draft environmental impact statement is to be considered at a public hearing, the agency should make the statement available to the public at least 15 days in advance (unless the purpose of the hearing is to provide information for the draft environmental impact statement). (d) Solicit appropriate information from the public. (40 CFR 1506.6) (See FSH 1609.13, Public Participation Handbook, for information on techniques to involve the public in Forest Service planning and decisionmaking.) 11.6 - Determine If Proposal Can Be Categorically Excluded from
Documentation in an Environmental Impact Statement or an Environmental Assessment. After determining the nature of the proposed action; identifying preliminary issues; identifying the interested and affected agencies, organizations, and individuals; and the extent of existing documentation, the responsible official should have sufficient data to determine if the proposed action can be categorically excluded from documentation in an EIS or an EA or, alternatively, to determine the type of document that should be prepared. If the proposed action is within one of the categories in the Department of Agriculture policies and procedures (7 CFR 1b.3) or one of the categories listed in sections 31.1b or 31.2, and if the proposed action does not involve any extraordinary circumstances (sec. 30.3), the action may be categorically excluded from documentation in an EIS or EA. If the proposed action is not within a listed category, it may not be categorically excluded from documentation on an EIS or EA. If required by chapter 30, document a decision to categorically exclude a proposed action from documentation in an EIS or EA in a decision memo. At this point, it may be possible to determine if an EIS should be prepared. If the proposed action falls within one of the classes of actions which require preparation of an EIS in section 20.6, or if preliminary analysis indicates that there may be significant effects on the environment, prepare a notice of intent to prepare an EIS for publication in the Federal Register. 11.7 - Inform Participants and the Public of Results of Scoping
and the Progress of the Analysis. Consistent with the importance of the proposed action, inform participants of the results of scoping and keep the public informed of the progress of the environmental analysis through appropriate means. This may include, but is not limited to: personal contacts with individuals, organizations, and State and local government officials; use of local media; and newsletters. Enter the status of the environmental analysis, the decision memo, or the notice of intent to prepare an EIS on the schedule of proposed actions. 12 - USE INTERDISCIPLINARY ANALYSIS.
12.01 - Authority. Section 102(2)(A) of the National
Environmental Policy Act requires all agencies to use an interdisciplinary approach to analysis which will ensure the integrated use of the natural and social sciences and the environmental design arts in planning and decisionmaking which may have an impact on the human environment. The CEQ regulations require that: The disciplines of the preparers shall be appropriate to the scope and issues identified in the scoping process ({1501.7). (40 CFR 1502.6) 12.03 - Policy. Establish interdisciplinary teams to analyze
proposed actions with the potential for significant environmental effects, especially if an EIS may be needed. Proposals for less complex actions may not require the selection of an interdisciplinary team. In such cases, a knowledgeable individual may perform the analysis, which must consider all of the physical, biological, social, and economic factors pertinent to the decision. Interdisciplinary review of the analysis also may satisfy the requirement for use of the interdisciplinary approach. 12.1 - Interdisciplinary Team Selection. The disciplines and
skills of this group must be appropriate to the scope of the action and the issues identified. The team will consist of whatever combination of Forest Service staff and other Federal Government personnel is necessary to provide the necessary analytical skills. Limit the team to a manageable number of persons. Others may aid or support the interdisciplinary team as determined to be necessary by the responsible official. This participation must be consistent with the Federal Advisory Committee Act of 1972 (5 USC 86 stat. 770; USDA Departmental Regulation 1041-1, 11/13/89). Also, the team must have the expertise to identify and to evaluate the potential direct, indirect, and cumulative social, economic, physical, and biological effects of the proposed action and its alternatives. 12.1a - Team Leader. To ensure selection of an effective team
leader, the responsible official should consider such factors as the individual's: 1. Degree of working knowledge of the National Environmental Policy Act process and its interrelationship with other applicable laws and regulations. 2. Ability to lead others, including the ability to communicate effectively with team members and the responsible official and to facilitate interaction among team members. 3. Ability to organize, analyze, and interpret information. 4. Past performance in meeting assigned deadlines. 12.1b - Other Team Members. In selecting other team members,
consider the variety of disciplines needed as well as such factors as an individual's: 1. Ability to work as part of a team. 2. Ability to communicate to others information about the field or speciality that a member represents. 3. Knowledge of and degree of experience in the subject discipline and the environmental analysis process. 4. Ability to conceptualize and solve problems. 12.2 - Selection of Interdisciplinary Analyst(s)in Lieu of a
Team. The responsible official may select one or more persons rather than a full team to conduct the required interdisciplinary analysis. The analyst(s) must have a working knowledge of the National Environmental Policy Act process, applicable statutes and regulations, and natural resource interactions. 12.3 - Role of the Interdisciplinary Team or Analyst(s). It is
the responsibility of the team or assigned analyst(s) to identify the environmental issues related to the proposed action, develope alternatives to be analyzed in the subsequent environmental analysis, and prepare environmental documents. A team integrates its collective knowledge of the physical, biological, economic, social sciences and the environmental design arts into the analysis process. Interaction among team members often provides insight that otherwise would not be apparent. Section 12.3a through 12.3d provide minimum direction that an ID team or analyst(s) shall follow. When extensive public involvement is necessary, prepare a formal public participation plan (FSM 1626). The Public Participation Handbook, FSH 1609.13, provides guidance in identifying and involving the public, preparing public involvement plans, and using public responses in the analysis process. 12.3a - Formulate Analysis and Evaluation Criteria.
Development of criteria or standards may be necessary to guide the analysis process. Analysis and evaluation criteria or standards may be needed to: 1. Identify and select data sources, analysis methods, and set standards of accuracy. 2. Determine the depth or detail of the analysis. 3. Develop a suitable range of alternatives. 4. Evaluate alternatives. 5. Estimate the significance of environmental effects (sec. 05). When formulating analysis and evaluation criteria or standards, be sure to consider Forest Service objectives identified in legislation, policies, and plans, as well as issues raised by the public in the scoping process. Refine these criteria and standards, as necessary, during the course of the analysis. 12.3b - Identify Significant Issues. Recommend to the
responsible official the significant issues to be addressed, taking interested and affected agency, organization, and public comments into account. The responsible official, not the ID team or the analyst(s), approves the list of significant issues used to develop alternatives and may adjust and refine the issues as new insights and information emerge during analysis. 12.3c - Explore Possible Alternatives. Consider a full range
of reasonable alternatives to the proposed action that address the significant issues and meet the purpose and need for the proposed action.
During scoping and the subsequent public participation activities, discuss the feasibility and possible effects ofthese alternatives with potentially interested and affected agencies, organizations, and persons. If the proposed action is on National Forest System lands, discuss the consistency of each alternative with the forest's Land and Resource Management Plan. The ID team recommends and the responsible official decides which alternatives merit further study and which do not require detailed analysis. 12.3d - Expand Public Involvement as Appropriate.
1. Identify target groups. Identify potentially affected groups and the nature of their concerns (FSH 1609.13). Establish, maintain, and use mailing lists as appropriate. 2. Determine the methods of public participation. Establish the level of needed public participation. Ensure that the level of effort to inform and to involve the public is consistent with the scale and importance of the proposed action and the degree of public interest. 13 - COLLECT AND INTERPRET DATA.
13.01 - Authority. If, when evaluating significant adverse
effects on the human environment, information essential to a reasoned choice among alternatives is either missing or incomplete, the CEQ regulations provide the following guidance: When an agency is evaluating reasonably foreseeable significant adverse effects on the human environment in an environmental impact statement and there is incomplete or unavailable information, the agency shall always make clear that such information is lacking. (a) If the incomplete information relevant to reasonable foreseeable significant adverse impacts is essential to a reasoned choice among alternatives and the overall costs of obtaining it are not exorbitant, the agency shall include the information in the environmental impact statement. (b) If the information relevant to reasonable foreseeable significant adverse impacts cannot be obtained because the overall costs of obtaining it are exorbitant or the means to obtain it area not known, the agency shall include within the environmental impact statement: (1) A statement that such information is incomplete or unavailable; (2) a statement of the relevance of the incomplete or unavailable information to evaluating reasonably foreseeable significant adverse impacts on the human environment; (3) a summary of existing credible scientific evidence which is relevant to evaluating the reasonably foreseeable significant adverse impacts on the human environment, and (4) the agency's evaluation of such impacts based upon theoretical approaches or research methods generally accepted in the scientific community. For the purposes of this section, "reasonably foreseeable" includes impacts which have catastrophic consequences, even if their probability of occurrence is low, provided that the analysis of the impacts is supported by credible scientific evidence, is not based on pure conjecture, and is within the rule of reason. (40 CFR 1502.22) 13.03 - Policy. The type and amount of data to collect depend
on the nature of the action, agency objectives, issues, and the scope, context, and intensity of anticipated effects. Focus data collection on the current and expected physical, biological, economic, and social conditions affecting or affected by the proposed action. Document the assumptions, methods, and data sources. When evaluating reasonably foreseeable adverse impacts for which essential information is incomplete or unavailable, consider a range of possible scenarios. These should include a scenario that would most likely occur and ones that would be less likely but have the most severe impacts that could reasonably be expected. When possible, include a discussion of relative probabilities of occurrence for each scenario. 14 - DEVELOP ALTERNATIVES. Based on the results of scoping and
the determination of issues to be analyzed in detail, develop and consider all reasonable alternatives to the proposed action. As established in case law interpreting the National Environmental Policy Act, the phrase "all reasonable alternatives" has not been interpreted to require that an infinite or unreasonable number of alternatives be analyzed, but does require a range of reasonable alternatives be analyzed whether or not they are within Forest Service jurisdiction to implement. See questions 1, 2, and 3 of CEQ's 40 Most Asked Questions in section 65.12. 14.1 - No-Action Alternative. The no-action alternative
provides a baseline for estimating the effects of other alternatives; therefore, consider the no-action alternative in detail in each environmental analysis. Two distinct interpretations of no-action are often possible. The first interpretation involves an action such as the amendment or revision of a Forest Land and Resource Management Plan where ongoing programs described within the existing plan continue, even as new plans are being developed. In these cases, the no-action alternative means no change from current management direction. Consequently, the responsible official would compare the projected impacts of alternative management schemes to those impacts projected for the existing plans. The second interpretation of no-action is that no action or activity would take place, such as when a proposed road construction project would be cancelled. The nature and scope of the proposed action will aid the responsible official in determining which interpretation is appropriate to the analysis. For further guidance see question 3 in section 65.12 of CEQ's 40 Most Asked Questions. 14.2 - Other Alternatives. Develop other alternatives fully
and impartially. Ensure that the range of alternatives does not prematurely foreclose options that might protect, restore, and enhance the environment. Consider reasonable alternatives even if outside the jurisdiction of the Forest Service. Alternatives must meet the purpose and need of the proposed action and specify any activities that may produce important environmental changes. When appropriate, descriptions of alternatives should include mitigation measures and relevant management requirements such as State water quality standards. Modify alternatives or develop new alternatives as the analysis proceeds. 14.3 - Alternatives Not Considered in Detail. Briefly describe
the alternatives not considered in detail, discuss the reasons for their being eliminated, and include this information in the project or case file. If an EIS is required, this information must be disclosed in the chapter on alternatives (sec. 22.3, 5). 15 - ESTIMATE EFFECTS OF EACH ALTERNATIVE. For each
alternative, estimate the direct, indirect, and cumulative environmental effects, including the effectiveness of the mitigation measures, that would result from implementing each of the alternatives, including the no-action alternative. Also, identify any additional mitigation measures that may be required, such as measures common to all alternatives. Express the effects in terms of changes that would occur in the physical (land, water, air), biological (plants and animals), economic (money passing through society), and social (the way people live) components of the human environment. Consider the magnitude, duration, and significance of the changes. See section 61 for a more specific list of environmental factors. When analysis and disclosure of social and/or economic impacts are important to a reasoned decision, follow the direction in FSM 1970 and FSH 1909.17. Also consider unquantifiable environmental amenities and values. For all alternatives, be sure to consider the environmental effects on the following: 1. Consumers, civil rights, minority groups, and women (FSM 1730). 2. Prime farmland, rangeland and forest land (Department Regualtion 9500-3, sec. 65.2). 3. Flood plains (sec. 66.3) and Wetlands (sec. 66.4). 4. Threatened and endangered species (FSM 2670). 5. Cultural resources (FSM 2360). 15.1 - Cumulative Effects. (sec. 05). Individual actions when
considered alone may not have a significant impact on the quality of the human environment. Groups of actions, when added together, may have collective or cumulative impacts which are significant. Cumulative effects which occur must be considered and analyzed without regard to land ownership boundaries. Consideration must be given to the incremental effects of past, present, and reasonably foreseeable related future actions of the Forest Service, as well as those of other agencies and individuals. 16 - EVALUATE ALTERNATIVES AND IDENTIFY PREFERRED
ALTERNATIVE(S). Compare alternatives on the basis of their effects on the human (physical, biological, social, and economic) environment. Although the ID Team or analyst(s) may make a recommendation based on the results of the interdisciplinary analysis, the responsible official identifies the preferred alternative(s) for an EIS. 17 - DETERMINE TYPE OF ENVIRONMENTAL DOCUMENT NEEDED. The
significance of environmental effects of a proposed action determines whether an EIS (sec. 05) must be prepared. If the proposed action may have significant environmental effects, prepare an EIS in accordance with direction in chapter 20. The CEQ regulations provide the following direction on whether to prepare an EIS: In determining whether to prepare an environmental impact statement the Federal agency shall: (a) Determine under its procedures supplementing these regulations ... whether the proposal is one which: (1) Normally requires an environmental impact statement, or (2) Normally does not require either an environmental impact statement or an environmental assessment (categorical exclusion). (b) If the proposed action is not covered by paragraph (a) of this section prepare an environmental assessment ({1508.9). The agency shall involve environmental agencies, applicants, and the public, to the extent practicable, in preparing assessments required by {1508.9(a)(1). (c) Based on the environmental assessment make its determination whether to prepare an environmental impact statement. (d) Commence the scoping process ({1501.7), if the agency will prepare an environmental impact statement. (40 CFR 1501.4) 18 - CORRECTION, SUPPLEMENTATION, OR REVISION OF ENVIRONMENTAL
DOCUMENTS AND RECONSIDERATION OF DECISIONS TO TAKE ACTION. 18.03 - Policy. Review the environmental documentation of
actions that are awaiting implementation and those of ongoing programs or projects at least every 3 to 5 years to determine if the environmental analysis and documentation should be corrected, supplemented, or revised. After a decision to implement a proposed action has been made and when the consideration of new information leads to the supplementation or revision of environmental documents, a new decision based on the supplemented or revised environmental documents must be consistent with the scope of the new environmental analysis. 18.1 - Review and Documentation of New Information Received
After a Decision Has Been Made. If new information or changed circumstances relating to the environmental impacts of a proposed action come to the attention of the responsible official after a decision has been made and prior to completion of the approved program or project, the responsible official must review the information carefully to determine its importance. If, after an interdisciplinary review and consideration of new information within the context of the overall program or project, the responsible official determines that a correction, supplement, or revision to an environmental document is not necessary, implementation should continue. Document the results of the interdisciplinary review in the appropriate program or project file. If the responsible official determines that a correction, supplement, or revision to an environmental document is necessary, follow the relevant direction in section 18.2 - 4. 18.2 - Reconsideration of Decisions Based on an Environmental
Impact Statement. 1. Correction. Use errata sheets to make simple corrections. 2. Supplement. (c) Agencies: (1) Shall prepare supplements to either draft or final environmental impact statements if: (i) The agency makes substantial changes in the proposed action that are relevant to environmental concerns; or (ii) There are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts. (2) May also prepare supplements when the agency determines that the purposes of the Act will be furthered by doing so.
(3) Shall adopt procedures for introducing a supplement into its formal administrative record, if such a record exists. (4) Shall prepare, circulate, and file a supplement to a statement in the same fashion (exclusive of scoping) as a draft and final statement unless alternative procedures are approved by the Council. (40 CFR 1502.9(c)) 3. Revision. (a)...If a draft statement is so inadequate as to preclude meaningful analysis, the agency shall prepare and circulate a revised draft of the appropriate portion... (40 CFR 1502.9(a)) If the responsible official determines, based on evaluations described in section 18.1, that a supplement to or revision of an EIS is appropriate, issue a notice of intent to supplement or revise an EIS. Distribute any corrections, supplements, and revisions to all holders of the subject EIS. After completion of the final supplement or final EIS, issue a new record of decision consistent with the scope of the supplement or revision. Follow the instructions in chapter 20. 18.3 - Reconsideration of Decisions Categorically Excluded from
Environmental Documentation. Take no further action if an interdisciplinary review of the new information shows that the proposed action still fits within the identified category in section 31 and no extraordinary circumstances exist. For decisions for which a project or case file and decision memo have been prepared, document the review in the project or case file. For decisions for which a decision memo was not prepared, no documentation of the review is necessary. If the new information or changed circumstances require a new or changed decision that can be categorically excluded from documentation, follow the instructions in chapter 30. If the new information indicates that extraordinary circumstances are now present and the proposed action may have a significant impact on the human environment, file a notice of intent to prepare an EIS. Follow the instructions in chapter 20. If the new information indicates that extraordinary circumstances are now present but the significance of the impacts on the human environment are uncertain, prepare an EA. Follow the instructions in chapter 40. 18.4 - Reconsideration of Decisions Based on an Environmental
Assessment and Finding of No Significant Impact. Revise an EA if the interdisciplinary review of new information or changed circumstances indicates that changes in the EA are needed to address environmental concerns that have a bearing on the action or its impacts. Upon completion of the revised EA, prepare a new finding of no significant impact (FONSI) which addresses the effects of the action. Reconsider the original decision; and, based upon the EA and FONSI, issue a new decision notice or document that the original decision is to remain in effect and unchanged. A new decision notice may address all or a portion of the original decision. Follow the instructions in chapter 40. If, based on the revised EA, the proposed action may have a significant effect, issue a notice of intent to prepare an EIS. Follow the instructions in chapter 20.
CHAPTER 20 - ENVIRONMENTAL IMPACT STATEMENTS AND RELATED DOCUMENTS For ease of reference and use, portions of the relevant CEQ regulations are set out in boldface type throughout the text of this chapter. 20.6 - Classes of Actions Requiring Environmental Impact
Statements. Classes of actions that require preparation of environmental impact statements are listed below. The requirements for classes 2, 3, and 4 may be met by the appropriate use of program environmental impact statements and tiered site-specific environmental documents or by the preparation of site-specific environmental impact statements. 1. Class 1: Proposed actions for which an environmental impact statement is required by law or regulation. Examples include: a. Revising a land and resource management plan required by the National Forest Management Act (36 CFR 219.10). b. Proposing that Congress enact legislation to designate a wilderness or a wild and scenic river (40 CFR 1506.8). 2. Class 2: Proposals to carry out or to approve aerial application of chemical pesticides on an operational basis. Examples include: a. Applying chemical insecticides by helicopter on an area infested with spruce budworm to prevent serious resource loss. b. Authorizing the application of herbicides by helicopter on a major utility corridor to control unwanted vegetation. c. Applying herbicides by fixed-wing aircraft on an area to release trees from competing vegetation. 3. Class 3: Proposals that would substantially alter the undeveloped character of an inventoried roadless area of 5,000 acres or more (FSH 1909.12). Examples include: a. Constructing roads and harvesting timber in a 56,000-acre inventoried roadless area where the proposed road and harvest units impact 3,000 acres in only one part of the roadless area. b. Constructing or reconstructing water reservoir facilities in a 5,000-acre unroaded area where flow regimens may be substantially altered. c. Approving a plan of operations for a mine which would cause considerable surface disturbance over 700 acres in a 10,000 acre roadless area. 4. Class 4: Other proposals to take major Federal actions that may significantly affect the quality of the human environment. Examples include: a. Approving the use of 1,500 acres of National Forest System land to construct and operate an all-season recreation resort complex. b. Authorizing the Bureau of Land Management to offer the sale of leases for oil and natural gas resources from beneath 400,000 acres of National Forest System lands that have historically demonstrated a relatively high potential for discovery and development of oil and natural gas. c. Approving the construction and operation of an international gas pipeline beneath a previously undeveloped 30-mile long, 1000-foot wide corridor within an ecologically sensitive area of National Forest System land. 21 - NOTICES OF INTENT. 21.1 - Preparation and Distribution of Notices of Intent.
Prepare and publish a notice of intent in the Federal Register as soon as practicable after deciding that an environmental impact statement (EIS) will be prepared. The purpose of a notice of intent to prepare an environmental impact statement is to begin the scoping process for the EIS. CEQ regulations require that: ...The notice shall briefly: (a) Describe the proposed action and possible alternatives. (b) Describe the agency's proposed scoping process including whether, when, and where any scoping meetings will be held. (c) State the name and address of a person within the agency who can answer questions about the proposed action and the environmental impact statement. (40 CFR 1508.22) In addition, the notice of intent must include the following information: a. Name and address of the responsible official(s); b. A description of the nature and scope of the proposed action and the decision to be made; c. Tentative or preliminary issues and alternatives which have been identified; d. Identification of permits or licenses required to implement the proposed action and the issuing authority; e. The lead, joint lead, or cooperating agencies (sec. 05); f. The estimated dates (month and year) for filing the draft and final EIS; g. An address to which comments may be mailed; and h. The reviewer's obligation to comment during the review period rather than after completion of the final EIS. Use the standard paragraphs in exhibit 01. Follow the Federal Register document preparation requirements and mailing instructions in section 67. Send one copy of the signed notice of intent to the Washington Office Director of Environmental Coordination (hard copy: Chief (1950); DG address: EC:W01c). When the Chief or the Secretary is the responsible official, the appropriate field unit or WO staff shall prepare the notice of intent and send it to the Washington Office Director of Environmental Coordination for review, processing, and submission to the Office of the Federal Register. Once the title of the EIS under preparation has been identified in the notice of intent, use the same title on the cover of the draft and final EIS. 21.1 - Exhibit 01 STANDARD PARAGRAPHS REQUIRED IN NOTICES OF INTENT The comment period on the draft environmental impact statement will be [enter correct time period (45-day minimum)] from the date the Environmental Protection Agency publishes the notice of availability in the Federal Register. The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the [enter correct time period] comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. 21.2 - Revision of Notices of Intent. The official responsible
for preparation of an EIS must notify the appropriate Regional, Station, or Area Environmental Coordinator and the Washington Office Director of Environmental Coordination whenever there is a major change in the information shown in the notice of intent. Major changes require publishing a revised notice of intent in the Federal Register (sec. 21.1). Examples of major changes which require a revised notice of intent are: 1. A delay of more than six months in filing either the draft or final EIS; 2. A change in the proposed action or the decision to be made; or 3. Designation of a different responsible official by title. A revised notice of intent shall refer to the date and page number of all prior notices relevant to the proposed action which were published in the Federal Register. Prepare and distribute a revised notice of intent in the same manner as the original (sec. 21.1 and 67). 21.3 - Cancellation of a Notice of Intent. Publish a
cancellation notice in the Federal Register to terminate the environmental analysis process if, after publication of a notice of intent or distribution of a draft EIS, a decision on a proposed action is no longer necessary. A cancellation notice must refer to the date(s) and page number(s) of previously published notice(s) of intent or the notice of availability of an EIS which were published in the Federal Register. Prepare and distribute a cancellation notice in the same manner as the notice of intent (sec. 21.1 and 67). In addition, send a copy of the cancellation notice to the Environmental Protection Agency's Office of Federal Activities (sec. 22.4). When the Chief or the Secretary is the responsible official, the appropriate field unit or WO staff prepares the cancellation notice as soon as there is a decision to terminate the process and sends the notice to the Director of Environmental Coordination for review, processing, and submission to the Office of the Federal Register and Environmental Protection Agency's Office of Federal Activities. 22 - UNIFORM REQUIREMENTS FOR ENVIRONMENTAL IMPACT STATEMENTS.
(Sec. 05). The CEQ regulations require EIS's as follows: As required by sec. 102(2)(C) of NEPA environmental impact statements ({1508.11) are to be included in every recommendation or report. On proposals ({1508.23). For legislation and ({1508.17). Other major Federal actions ({1508.18). Significantly ({1508.27). Affecting ({1508.3, 1508.8). The quality of the human environment ({1508.14). (40 CFR 1502.3) 22.1 - Page Limits.
The text of final environmental impact statements ...shall normally be less than 150 pages and for proposals of unusual scope or complexity shall normally be less than 300 pages. (40 CFR 1502.7) 22.2 - Writing.
Environmental impact statements shall be written in plain language and may use appropriate graphics so that decisionmakers and the public can readily understand them. (40 CFR 1502.8) 22.3 - Content and Format. An EIS must contain the following:
Agencies shall use a format for environmental impact statements which will encourage good analysis and clear presentation of the alternatives including the proposed action. The following standard format for environmental impact statements should be followed unless the agency determines that there is a compelling reason to do otherwise: (a) Cover sheet. (b) Summary. (c) Table of contents. (d) Purpose of and need for action. (e) Alternatives including proposed action (sections 102(2)(C)(iii) and 102(2)(E) of the Act). (f) Affected environment. (g) Environmental consequences (especially sections 102(2)(C)(i), (ii), (iv), and (v) of the Act). (h) List of preparers. (i) List of Agencies, Organizations, and persons to whom copies of the statement are sent. (j) Index. (k) Appendices (if any). If a different format is used, it shall include paragraphs (a), (b), (c), (h), (i), and (j), of this section and shall include the substance of paragraphs (d), (e), (f), (g), and (k) of this section, ... (40 CFR 1502.10) 1. Cover Sheet. The cover sheet shall not exceed one page. It shall include: (a) A list of the responsible agencies including the lead agency and any cooperating agencies. (b) The title of the proposed action that is the subject of the statement (and if appropriate the titles of related cooperating agency actions), together with the State(s) and county(ies) (or other jurisdiction if applicable) where the action is located. (c) The name, address, and telephone number of the person at the agency who can supply further information. (d) A designation of the statement as a draft, final, or draft or final supplement. (e) A one paragraph abstract of the statement. (40 CFR 1502.11) Also include the name, title, and address of the responsible official. The abstract of the EIS should include the alternatives considered and identification of the preferred alternative(s) if one or more exists. If the EIS is a draft, the cover sheet must include the date by which comments must be received. The cover sheet for a draft EIS must also contain a standard statement as set out in exhibit 01 about the reviewer's obligation to comment during the review period. It may be necessary to reduce the type size to accommodate this information. 22.3 - Exhibit 01 STANDARD PARAGRAPH FOR DRAFT EIS COVER SHEET Reviewers should provide the Forest Service with their comments during the review period of the draft environmental impact statement. This will enable the Forest Service to analyze and respond to the comments at one time and to use information acquired in the preparation of the final environmental impact statement, thus avoiding undue delay in the decisionmaking process. Reviewers have an obligation to structure their participation in the National Environmental Policy Act process so that it is meaningful and alerts the agency to the reviewers' position and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Environmental objections that could have been raised at the draft stage may be waived if not raised until after completion of the final environmental impact statement. City of Angoon v. Hodel (9th Circuit, l986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Comments on the draft environmental impact statement should be specific and should address the adequacy of the statement and the merits of the alternatives discussed (40 CFR 1503.3).
2. Summary. Each environmental impact statement shall contain a summary which adequately and accurately summarizes the statement. The summary shall stress the major conclusions, areas of controversy (including issues raised by agencies and the public), and the issues to be resolved (including the choice among alternatives). The summary will normally not exceed 15 pages. (40 CFR 1502.12) 3. Table of Contents. List the major sections as well as a list of tables and exhibits. 4. Purpose and Need. The statement shall briefly specify the underlying purpose and need to which the agency is responding in proposing the alternatives including the proposed action. (40 CFR 1502.13) 5. Alternatives Including the Proposed Action. This section is the heart of the environmental impact statement. Based on the information and analysis presented in the sections on the Affected Environment ({1502.15) and the Environmental Consequences ({1502.16), it should present the environmental impacts of the proposal and the alternatives in comparative form, thus sharply defining the issues and providing a clear basis for choice among options by the decisionmaker and the public. In this section agencies shall: (a) Rigorously explore and objectively evaluate all reasonable alternatives, and for alternatives which were eliminated from detailed study, briefly discuss the reasons for their having been eliminated. (b) Devote substantial treatment to each alternative considered in detail including the proposed action so that reviewers may evaluate their comparative merits. (c) Include reasonable alternatives not within the jurisdiction of the lead agency. (d) Include the alternative of no action. (e) Identify the agency's preferred alternative or alternatives, if one or more exists, in the draft statement and identify such alternative in the final statement unless another law prohibits the expression of such a preference. (f) Include appropriate mitigation measures not already included in the proposed action or alternatives. (40 CFR 1502.14) Additionally, for proposed actions on National Forest System lands, the description of each alternative must state whether or not it is consistent with the Forest Land and Resource Management Plan (36 CFR 219.10(c)). 6. Affected Environment. The environmental impact statement shall succinctly describe the environment of the area(s) to be affected or created by the alternatives under consideration. The descriptions shall be no longer than is necessary to understand the effects of the alternatives. Data and analyses in a statement shall be commensurate with the importance of the impact, with less important material summarized, consolidated, or simply referenced. Agencies shall avoid useless bulk in statements and shall concentrate effort and attention on important issues. Verbose descriptions of the affected environment are themselves no measure of the adequacy of an environmental impact statement. (40 CFR 1502.15) 7. Environmental Consequences. This section forms the scientific and analytic basis for the comparisons under {1502.14. It shall consolidate the discussions of those elements required by sections 102(2)(C) (i), (ii), (iv), and (v) of NEPA which are within the scope of the statement and as much of section 102(2)(C)(iii) as is necessary to support the comparisons. The discussion will include the environmental impacts of the alternatives including the proposed action, any adverse environmental effects which cannot be avoided should the proposal be implemented, the relationship between short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and any irreversible or irretrievable commitments of resources which would be involved in the proposal should it be implemented. This section should not duplicate discussions in {1502.14. It shall include discussions of: (a) Direct effects and their significance ({1508.8). (b) Indirect effects and their significance ({1508.8). (c) Possible conflicts between the proposed action and the objectives of Federal, regional, State, and local (and in the case of a reservation, Indian tribe) land use plans, policies and controls for the area concerned. (See {1506.2(d).) (d) The environmental effects of alternatives including the proposed action. The comparisons under {1502.14 will be based on this discussion. (e) Energy requirements and conservation potential of various alternatives and mitigation measures.
(f) Natural or depletable resource requirements and conservation potential of various alternatives and mitigation measures. (g) Urban quality, historic and cultural resources, and the design of the built environment, including the reuse and conservation potential of various alternatives and mitigation measures. (h) Means to mitigate adverse environmental impacts (if not fully covered under {1502.14(f)). (40 CFR 1502.16) 8. List of Preparers. The environmental impact statement shall list the names, together with their qualifications (expertise, experience, professional disciplines), of the persons who were primarily responsible for preparing the environmental impact statement or significant background papers, including basic components of the statement ({{1502.6 and 1502.8). Where possible the persons who are responsible for a particular analysis, including analyses in background papers, shall be identified... (40 CFR 1502.17) 9. List of Agencies, Organizations, and Persons to Whom Copies of the Statement Are Sent. The list should include names only and not addresses. 10. Index. All EIS's must include indexes. The purpose of an index is to make the information in the EIS fully available to the reader without delay. See section 62 for preparation of indexes. 11. Appendix. If an agency prepares an appendix to an environmental impact statement the appendix shall: (a) Consist of material prepared in connection with an environmental impact statement (as distinct from material which is not so prepared and which is incorporated by reference ({1502.21)). (b) Normally consist of material which substantiates any analysis fundamental to the impact statement. (c) Normally be analytic and relevant to the decision to be made. (d) Be circulated with the environmental impact statement or be readily available on request. (40 CFR 1502.18) 22.31 - Tiering.
Agencies are encouraged to tier their environmental impact statements to eliminate repetitive discussions of the same issues and to focus on the actual issues ripe for decision at each level of environmental review ({1508.28). Whenever a broad environmental impact statement has been prepared (such as a program or policy statement) and a subsequent statement or environmental assessment is then prepared on an action included within the entire program or policy (such as a site specific action) the subsequent statement or environmental assessment need only summarize the issues discussed in the broader statement and incorporate discussions from the broader statement by reference and shall concentrate on the issues specific to the subsequent action. The subsequent document shall state where the earlier document is available. Tiering may also be appropriate for different stages of actions. (40 CFR 1502.20) The EIS which accompanies a land and resource management plan is an example of a "broad" EIS prepared for a program or policy statement. 22.32 - Adoption.
(a) An agency may adopt a Federal draft or final environmental impact statement or portion thereof provided that the statement or portion there of meets the standards for an adequate statement under these regulations. (b) If the actions covered by the original environmental impact statement and the proposed action are substantially the same, the agency adopting another agency's statement is not required to recirculate it except as a final statement. Otherwise the adopting agency shall treat the statement as a draft and recirculate it (except as provided in paragraph (c) of this section. (c) A cooperating agency may adopt without recirculating the environmental impact statement of a lead agency when, after an independent review of the statement, the cooperating agency concludes that its comments and suggestions have been satisfied. (d) When an agency adopts a statement which is not final within the agency that prepared it, or when the action it assesses is the subject of a referral under Part 1504, or when the statement's adequacy is the subject of a judicial action which is not final, the agency shall so specify. (40 CFR 1506.3) 22.33 - Incorporation by Reference.
Agencies shall incorporate material into an environmental impact statement by reference when the effect will be to cut down on bulk without impeding agency and public review of the action. The incorporated material shall be cited in the statement and its content briefly described. No material may be incorporated by reference unless it is reasonably available for inspection by potentially interested persons within the time allowed for comment. Material based on proprietary data which is itself not available for review and comment shall not be incorporated by reference. (40 CFR 1502.21) 22.34 - Incomplete or Unavailable Information. Refer to
section 13 of this handbook for guidance on addressing incomplete or unavailable information. 22.35 - Documentation of Cost-Benefit Analysis.
If a cost-benefit analysis relevant to the choice among environmentally different alternatives is being considered for the proposed action, it shall be incorporated by reference or appended to the statement as an aid in evaluating the environmental consequences. To assess the adequacy of compliance with section 102(2)(B) of the Act the statement shall, when a cost-benefit analysis is prepared, discuss the relationship between that analysis and any analyses of unquantified environmental impacts, values, and amenities. For purposes of complying with the Act, the weighing of the merits and drawbacks of the various alternatives need not be displayed in a monetary cost-benefit analysis and should not be when there are important qualitative considerations. In any event, an environmental impact statement should at least indicate those considerations, including factors not related to environmental quality, which are likely to be relevant and important to a decision. (40 CFR 1502.23) 22.36 - Identification of Methodology and Scientific Accuracy.
Agencies shall insure the professional integrity, including scientific integrity, of the discussions and analyses in environmental impact statements. They shall identify any methodologies used and shall make explicit reference by footnote to the scientific and other sources relied upon for conclusions in the statement. An agency may place discussion of methodology in an appendix. (40 CFR 1502.24) 22.4 - Filing, Circulation, and Availability of Environmental
Impact Statements.
Environmental impact statements together with comments and responses shall be filed with the Environmental Protection Agency, attention Office of Federal Activities (A-104), 401 M Street SW., Washington, D.C. 20460. Statements shall be filed with EPA no earlier than they are also transmitted to commenting agencies and made available to the public. (40 CFR 1506.9) * * * Agencies shall circulate the entire draft and final environmental impact statements except for certain appendices as provided in {1502.18(d) and unchanged statements as provided in {1503.4(c). However, if the statement is unusually long, the agency may circulate the summary instead, except that the entire statement shall be furnished to: (a) Any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved and any appropriate Federal, State or local agency authorized to develop and enforce environmental standards. (b) The applicant, if any. (c) Any person, organization, or agency requesting the entire environmental impact statement. (d) In the case of a final environmental impact statement any person, organization, or agency which submitted substantive comments on the draft. If the agency circulates the summary and thereafter receives a timely request for the entire statement and for additional time to comment, the time for that requestor only shall be extended by at least 15 days beyond the minimum period. (40 CFR 1502.19) A summary of the EIS distributed as a separate document must: a. State how the full EIS can be obtained, and b. Have a cover sheet attached. 23 - REQUIREMENTS SPECIFIC TO DRAFT ENVIRONMENTAL IMPACT STATEMENTS. 23.1 - Identification in Draft Environmental Impact Statements
of Permits Necessary to Implement Proposal. (b) The draft environmental impact statement shall list all Federal permits, licenses, and other entitlements which must be obtained in implementing the proposal. If it is uncertain whether a Federal permit, license, or other entitlement is necessary, the draft environmental impact statement shall so indicate. (40 CFR 1502.25(b)) 23.2 - Circulating and Filing a Draft Environmental Impact Statement.
1. Circulate a draft environmental impact statement (EIS) to agencies and to the public prior to or at the same time of transmittal to the Environmental Protection Agency (EPA) in Washington, D.C. If the statement is unusually long, a summary may be circulated instead (40 CFR 1502.19). However, the responsible unit must file the entire document with EPA and furnish it to other agencies that have jurisdiction by law or special expertise. The entire EIS must also be furnished to the project proponent and other individuals and groups who have requested it. 2. File five copies of a draft EIS with the Environmental Protection Agency at the following address: Management Information Unit Office of Federal Activities (A-104) Environmental Protection Agency Room 2119 Mall 401 M Street, SW Washington, DC 20460 EPA will then publish the Notice of Availability in the Federal Register. 3. The following are the mandatory mailings for all EIS's prepared by the Forest Service. Environmental Protection Agency Regional Office (Regions, addresses, and number of copies are listed in chapter 60) DEIS FEIS Director, Environmental Coordination 3 3 (Chief, 1950) Forest Service - USDA Box 96090 Washington, D.C. 20090-6090 Head, Acquisitions and 3 3 Serials Branch USDA-National Agricultural Library 10301 Baltimore Blvd. Beltsville, MD 20705 Office of Environmental Affairs Department of the Interior MS 2340 Washington, D.C. 20240 Projects east of the Mississippi River 12 7 Projects west of the Mississippi River 18 12 Always send copies of EIS's to these agencies by expeditious methods of delivery. These methods also may be desirable for other key recipients. Base any other distribution to Federal agencies on agency expertise and legal jurisdiction as indicated in section 63. The addresses and number of copies required by each agency are shown in section 63.1. 4. Calculate the review period from the day after EPA's notice of availability appears in the Federal Register. (a) The Environmental Protection Agency shall publish a notice in the FEDERAL REGISTER each week of the environmental impact statements filed during the preceding week. The minimum time periods set forth in this section shall be calculated from the date of publication of this notice. (d) The lead agency may extend prescribed periods. The Environmental Protection Agency may upon a showing by the lead agency of compelling reasons of national policy reduce the prescribed periods and may upon a showing by any other Federal agency of compelling reasons of national policy also extend prescribed periods, but only after consultation with the lead agency... Failure to file timely comments shall not be a sufficient reason for extending a period. If the lead agency does not concur with the extension of time, EPA may not extend it for more than 30 days... (40 CFR 1506.10) Allow a minimum of 45 days for comments on an EIS unless a different time period is required by law or regulation. If the prescribed period must be reduced for compelling reasons of national policy, contact the Washington Office Director of Environmental Coordination prior to issuing a draft EIS. Contact the Washington Office Environmental Coordination Staff regarding questions on the date of publication in the Federal Register. 23.3 - Solicit Comments on a Draft Environmental Impact
Statement. The CEQ regulations require the following: Inviting comments. (a) After preparing a draft environmental impact statement and before preparing a final environmental impact statement the agency shall: (1) Obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved or which is authorized to develop and enforce environmental standards. (2) Request the comments of: (i) Appropriate State and local agencies which are authorized to develop and enforce environmental standards; (ii) Indian tribes, when the effects may be on a reservation; and (iii) Any agency which has requested that it receive statements on actions of the kind proposed... (3) Request comments from the applicant, if any. (4) Request comments from the public, affirmatively soliciting comments from those persons or organizations who may be interested or affected. (40 CFR 1503.1) Conduct public participation sessions, if appropriate. See FSH 1609.13 for suggestions on methods to involve the public in Forest Service planning and decisionmaking activities. 23.4 - Extending The Comment Period on a Draft Environmental
Impact Statement. The responsible official determines that an extension of the review period on the draft EIS is appropriate, notify interested and affected agencies, organizations, or persons in an appropriate manner (ch. 10). Forward one copy of the notice to EPA's Management Information Unit, Office of Federal Activities at the address listed in section 23.2 and one copy to the Washington Office Director of Environmental Coordination. EPA will publish the notice of the extension of the comment period in the Federal Register on the Friday following the week the notice is received. 24 - REQUIREMENTS SPECIFIC TO A FINAL ENVIRONMENTAL IMPACT STATEMENT. 24.1 - Use of Comments on a Draft Environmental Impact
Statement in a Final Environmental Impact Statement. 1. Review, analyze, evaluate, and respond to substantive comments on the draft EIS. (a) An agency preparing a final environmental impact statement shall assess and consider comments both individually and collectively, and shall respond by one or more of the means listed below, stating its response in the final statement. Possible responses are to: (1) Modify alternatives including the proposed action. (2) Develop and evaluate alternatives not previously given serious consideration by the agency. (3) Supplement, improve, or modify its analyses. (4) Make factual corrections. (5) Explain why the comments do not warrant further agency response, citing the sources, authorities, or reasons which support the agency's position and, if appropriate, indicate those circumstances which would trigger agency reappraisal or further response. (b) All substantive comments received on the draft statement (or summaries thereof where the response has been exceptionally voluminous), should be attached to the final statement whether or not the comment is thought to merit individual discussion by the agency in the text of the statement. (c) If changes in response to comments are minor and are confined to the responses described in paragraphs (a) (4) and (5) of this section, agencies may write them on errata sheets and attach them to the statement instead of rewriting the draft statement. In such cases only the comments, the responses, and the changes and not the final statement need be circulated ({1502.19). The entire document with a new cover sheet shall be filed as the final statement ({1506.9). (40 CFR 1503.4) 2. When the responsible official determines that a summary of responses is appropriate, the summary must reflect accurately all substantive comments received on the draft EIS. Comments that are pertinent to the same subject may be aggregated by categories. 3. As a minimum, include in an appendix of a final EIS copies of all comments received on the draft EIS from Federal, State, and local agencies and elected officials. 24.2 - Filing and Distributing a Final Environmental Impact
Statement. 1. File a final environmental EIS with the Environmental Protection Agency (EPA) as shown in section 23.2, along with all substantive comments or a summary of the comments on the draft EIS. The official filing date is the date that the EPA receives the EIS, not the date that EPA's notice of availability appears in the Federal Register. The Washington Office Director of Environmental Coordination files with EPA the statements for which the Chief or the Secretary is the responsible official. 2. Distribute a final EIS to other agencies and to the public prior to or at the same time of filing it with EPA (40 CFR 1506.9). If the statement is unusually long, a summary may be circulated instead (40 CFR 1502.19). However, the responsible official must file the entire document including appendices, with EPA and furnish it to other persons or agencies specified in sections 23.2. If changes resulting from comments to a draft EIS are minor, they may be written on an errata sheet and attached to the draft EIS. In this case only the comments, the responses, and the changes need to be circulated. File the entire document with a new cover sheet as the final EIS (40 CFR 1503.4(c)). 3. After filing an EIS with the EPA, ensure that a reasonable number of copies of the statement are available free of charge. 4. Calculate the implementation date from the date the legal notice of the decision is published as required by 36 CFR Part 217. 24.3 - Review of Other Agency Environmental Impact Statements.
Because of special agency expertise or jurisdiction by law, the Forest Service may be asked to review and comment on EIS's prepared by other agencies. Duty to comment. Federal agencies with jurisdiction by law or special expertise with respect to any environmental impact involved and agencies which are authorized to develop and enforce environmental standards shall comment on statements within their jurisdiction, expertise, or authority. Agencies shall comment within the time period specified for comment in {1506.10. A Federal agency may reply that it has no comment. If a cooperating agency is satisfied that its views are adequately reflected in the environmental impact statement, it should reply that it has no comment. (40 CFR 1503.2) Specificity of comments. (a) Comments on an environmental impact statement or on a proposed action shall be as specific as possible and may address either the adequacy of the statement or the merits of the alternatives discussed or both. (b) When a commenting agency criticizes a lead agency's predictive methodology, the commenting agency should describe the alternative methodology which it prefers and why. (c) A cooperating agency shall specify in its comments whether it needs additional information to fulfill other applicable environmental reviews or consultation requirements and what information it needs. In particular, it shall specify any additional information it needs to comment adequately on the draft statement's analysis of significant site-specific effects associated with the granting or approving by that cooperating agency of necessary Federal permits, licenses, or entitlements. (d) When a cooperating agency with jurisdiction by law objects to or expresses reservations about the proposal on grounds of environmental impacts, the agency expressing the objection or reservation shall specify the mitigation measures it considers necessary to allow the agency to grant or approve applicable permit, license, or related requirements or concurrences. (40 CFR 1503.3) 24.31 - Referrals to Council on Environmental Quality. Part
1540 of the CEQ regulations provide the following: (a) This part establishes procedures for referring to the Council Federal interagency disagreements concerning proposed major Federal actions that might cause unsatisfactory environmental effects. It provides means for early resolution of such disagreements. (b) Under section 309 of the Clean Air Act (42 U.S.C. 7609), the Administrator of the Environmental Protection Agency is directed to review and comment publicly on the environmental impacts of Federal activities, including actions for which environmental impact statements are prepared. If after this review the Administrator determines that the matter is "unsatisfactory from the standpoint of public health or welfare or environmental quality," section 309 directs that the matter be referred to the Council (hereafter "environmental referrals"). (c) Under section 102(2)(C) of the Act other Federal agencies may make similar review of environmental impact statements, including judgments on the acceptability of anticipated environmental impacts. These reviews must be made available to the President, the Council and the public. (40 CFR 1504.1) When Forest Service field review of another agency's draft EIS concludes that the proposed action is environmentally unacceptable, the affected field unit shall immediately contact the Washington Office Director of Environmental Coordination who will coordinate the referral procedure. The 25-day time period allowed for review is extremely short; therefore, begin referral immediately after determining that the proposal is environmentally unacceptable. 24.4 - Review of Forest Service Legislative or Service-Wide
Environmental Impact Statements. Unless otherwise assigned by the Chief, officials in the Washington Office shall review and comment on EIS's prepared on Forest Service legislative proposals, Service-wide policies and regulations, or national program proposals. The Director of Environmental Coordination shall coordinate these reviews and responses. 25 - OTHER PLANNING AND PREPARATION REQUIREMENTS FOR ENVIRONMENTAL IMPACT STATEMENTS. 25.1 - Consultation Requirements. Refer to FSM 2360 for
consultation requirements on archaeological and cultural
resources and FSM 2670 for consultation requirements with the Fish and Wildlife Service on threatened and endangered species. Environmental review and consultation requirements. (a) To the fullest extent possible, agencies shall prepare draft environmental impact statements concurrently with and integrated with environmental impact analyses and related surveys and studies required by the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other environmental review laws and executive orders. (40 CFR 1502.25(a)) 25.2 - Elimination of Duplication With State and Local Procedures.
(a) Agencies authorized by law to cooperate with State agencies of statewide jurisdiction pursuant to section 102(2)(D) of the Act may do so. (b) Agencies shall cooperate with State and local agencies to the fullest extent possible to reduce duplication between NEPA and State and local requirements, unless the agencies are specifically barred from doing so by some other law. Except for cases covered by paragraph (a) of this section, such cooperation shall to the fullest extent possible include: (1) Joint planning processes. (2) Joint environmental research and studies. (3) Joint public hearings (except where otherwise provided by statute). (4) Joint environmental assessments. (c) Agencies shall cooperate with State and local agencies to the fullest extent possible to reduce duplication between NEPA and comparable State and local requirements, unless the agencies are specifically barred from doing so by some other law. Except for cases covered by paragraph (a) of this section, such cooperation shall to the fullest extent possible include joint environmental impact statements. In such cases one or more Federal agencies and one or more State or local agencies shall be joint lead agencies. Where State laws or local ordinances have environmental impact statement requirements in addition to but not in conflict with those in NEPA, Federal agencies shall cooperate in fulfilling these requirements as well as those of Federal laws so that one document will comply with all applicable laws. (d) To better integrate environmental impact statements into State or local planning processes, statements shall discuss any inconsistency of a proposed action with any approved State or local plan and laws (whether or not federally sanctioned). Where an inconsistency exists, the statement should describe the extent to which the agency would reconcile its proposed action with the plan or law. (40 CFR 1506.2) 25.3 - Combining Documents to Eliminate Duplication.
Any environmental document in compliance with NEPA may be combined with any other agency document to reduce duplication and paperwork. (40 CFR 1506.4) Examples include Wilderness Study Reports and Wild and Scenic River Study Reports which may be combined with a supporting EIS. 25.4 - Federal Agencies With Legal Jurisdiction or Special
Expertise. See section 63 for the Council on Environmental Quality's list of agencies with jurisdiction by law or special expertise. See section 63.1 for addresses and recommended document distribution when an agency is determined to have special expertise. 26 - RESPONSIBILITIES WHEN APPLICANTS AND CONTRACTORS ARE
INVOLVED. The responsible official may require project proponents to conduct studies and provide data and documentation for consideration and use in preparing an EIS. However, the Forest Service does not have authority torequire a proponent to prepare or fund the preparation of an EIS. Agency responsibility. (a) Information. If an agency requires an applicant to submit environmental information for possible use by the agency in preparing an environmental impact statement, then the agency should assist the applicant by outlining the types of information required. The agency shall independently evaluate the information submitted and shall be responsible for its accuracy. If the agency chooses to use the information submitted by the applicant in the environmental impact statement, either directly or by reference, then the names of the persons responsible for the independent evaluation shall be included in the list of preparers {1502.17. It is the intent of this paragraph that acceptable work not be redone, but that it be verified by the agency. * * * (c) Environmental impact statements. Except as provided in {{1506.2 and 1506.3 any environmental impact statement prepared pursuant to the requirements of NEPA shall be prepared directly by a contractor selected by the lead agency or where appropriate under {1501.6(b), a cooperating agency. It is the intent of these regulations that the contractor be chosen solely by the lead agency, or by the lead agency in cooperation with cooperating agencies, or where appropriate by a cooperating agency to avoid any conflict of interest. Contractors shall execute a disclosure statement prepared by the lead agency, or where appropriate the cooperating agency, specifying that they have no financial or other interest in the outcome of the project. If the document is prepared by contract, the responsible Federal official shall furnish guidance and participate in the preparation and shall independently evaluate the statement prior to its approval and take responsibility for its scope and contents... (40 CFR 1506.5 (a) and (c)) 27 - DOCUMENTATION OF DECISIONS. 27.1 - Timing of a Decision. The following time limits apply
to decisions supported by an EIS:
Timing of agency action. (a) The Environmental Protection Agency shall publish a notice in the Federal Register each week of the environmental impact statements filed during the preceding week. The minimum time periods set forth in this section shall be calculated from the date of publication of this notice. (b) No decision on the proposed action shall be made or recorded under {1505.2 by a Federal agency until the later of the following dates: (1) Ninety (90) days after publication of the notice described above in paragraph (a) of this section for a draft environmental impact statement. (2) Thirty (30) days after publication of the notice described above in paragraph (a) of this section for a final environmental impact statement. (40 CFR 1506.10) 27.2 - Record of Decision. If an EIS has been prepared, the
responsible official shall document the decision in a record of decision. Prior to signing a record of decision, the responsible official shall read and understand the environmental effects displayed in an EIS. CEQ requirements for a record of decision are as follows: At the time of its decision ({1506.10) or, if appropriate, its recommendation to Congress, each agency shall prepare a concise public record of decision. The record, which may be integrated into any other record prepared by the agency,..., shall: (a) State what the decision was. (b) Identify all alternatives considered by the agency in reaching its decision, specifying the alternative or alternatives which were considered to be environmentally preferable. An agency may discuss preferences among alternatives based on relevant factors including economic and technical considerations and agency statutory missions. An agency shall identify and discuss all such factors including any essential considerations of national policy which were balanced by the agency in making its decision and state how those considerations entered into its decision. (c) State whether all practicable means to avoid or minimize environmental harm from the alternative selected have been adopted, and if not, why they were not. A monitoring and enforcement program shall be adopted and summarized where applicable for any mitigation. (40 CFR 1505.2) The record of decision must also include consistency and conformance findings which are required by laws and regulations relevant to the decision being made. A record of decision for a National Forest System proposed action must display consistency with the relevant forest plan. 27.21 - Format and Content. Records of decision should
generally conform to the following format and must meet the following content requirements. Sections of the format may be combined or rearranged in the interest of clarity and brevity. Records of decision should reflect the analysis documented in the EIS and contain the following elements. 1. Heading. The heading must identify: (a) Agency. (b) Type of decision document, that is, record of decision. (c) The title of the proposed action. (d) The location of the proposed action, including administrative unit, county, and state. 2. Decision and Reasons for the Decision. Describe the decision being made, including the permits, licenses, grants, or authorizations needed to implement the decision. Identify the specific location of the alternative selected, including the legal land subdivision if pertinent. Refer to or include any mitigation and monitoring program related to the decision. This section also identifies: (a) Applicable laws, regulations, and policies. (b) How environmental issues were considered and addressed. (c) Factors other than environmental consequences considered in making the decision. (d) Identification of environmental document(s) considered in making the decision. 3. Public involvement conducted. Identify the issues which determined the scope of the analysis. Provide a brief summary of the public participation that relates to the decision. Agencies, organizations, or persons raising issues or asserting opposing viewpoints may be identified and their positions discussed. 4. Alternatives considered. All alternatives considered (including the no-action) should be briefly discussed with specific references to the EIS. Mitigation measures, management requirements, and monitoring provisions that are pertinent to environmental concerns should be discussed with specific citations to pages of the EIS. 5. Findings required by other laws. Include any findings required by any other laws. For example, findings of consistency with the forest plan, suitability, and vegetation management required by the National Forest Management Act. 6. Identify the Environmentally Preferable Alternative. Based on the definition in section 05, state which alternative(s) is environmentally preferable. 7. Implementation date. Identify the date when the responsible official intends to implement the decision (sec. 51). 8. Administrative review or appeal opportunities. Clearly state whether the decision is subject to review or appeal (citing the applicable regulations), and identify when and where to file a request for review or appeal. 9. Contact Person. Identify the name, address, and phone number of a contact person who can supply further information. 10. Signature and Date. The responsible official signs and dates the record of decision on the date the decision is made. (a) For decisions subject to review under the Forest Service appeal regulations (36 CFR Part 217), the responsible official may sign and date the record of decision on the date that it is transmitted with the final EIS to the Environmental Protection Agency and made available to the public. (b) For decisions not subject to review, the responsible official may not sign and date the record of decision sooner than 30 days after EPA's notice of availability of the final EIS is published in the Federal Register (sec. 27.1). (c) For legislative proposals, the record of decision may be signed up to 30 days prior to filing and distributing the legislative EIS. When an EIS identifies joint lead agencies (sec. 11.31a) or cooperating agencies with jurisdiction by law, the responsible official from each agency shall sign and date a record of decision for those actions within the authority of each agency. When the Chief or Secretary is the responsible official, the appropriate field unit or WO staff prepares the record of decision with assistance from the WO Environmental Coordination staff. The Washington Office Director of Environmental Coordination coordinates the review and signing of the record of decision, involving the appropriate WO staff(s), Deputy Chief, Chief, or Secretary, as necessary. The signed original is then filed in WO Environmental Coordination Staff office files and the WO Environmental Coordination Staff forwards a copy to the appropriate field unit or WO staff for necessary distribution. 28 - NOTICE AND DISTRIBUTION OF THE RECORD OF DECISION.
Distribute the record of decision as soon as it is signed to agencies, organizations, and persons interested in or affected by the proposed action. 1. The responsible official shall promptly mail the record of decision to those who have requested it in writing and to those who are known to have participated in the decisionmaking process. 2. For decisions subject to appeal under 36 CFR Part 217, in addition to the notice required by paragraph 1, the responsible official shall publish a notice of the availability of the record of decision in the legal section of a newspaper(s) with general circulation in the area where the proposed action will take place as required by 36 CFR Part 217. The responsible official may also elect to publish a summary of the decision or the complete text of the record of decision. 3. The responsible official will provide other forms of notice appropriate to the importance of the decision. 4. The responsible official shall enter the date of the record of decision on the schedule of proposed actions. When required by E.O. 12372, Intergovernmental Review of Federal Programs, send copies to the State Single Point of Contact or, in cases where a State has elected not to establish a Single Point of Contact, the State official(s) involved. CHAPTER 30 - CATEGORICAL EXCLUSION FROM DOCUMENTATION For reference, USDA regulations for NEPA are set out in boldface type. 30.3 - Policy.
1. A proposed action may be categorically excluded from documentation in an environmental impact statement (EIS) or environmental assessment (EA) only if the proposed action: a. Is within one of the categories in the Department of Agriculture (USDA) NEPA policies and procedures in 7 CFR Part 1b. b. Is within a category listed in sec. 31.1b or 31.2; and there are no extraordinary circumstances related to the proposed action. 2. Extraordinary circumstances include, but are not limited to, the presence of the following: a. Steep slopes or highly erosive soils. b. Threatened and endangered species or their critical habitat. c. Flood plains, wetlands, or municipal watersheds. d. Congressionally designated areas, such as wilderness, wilderness study areas, or National Recreation Areas. e. Inventoried roadless areas. f. Research Natural Areas. g. Native American religious or cultural sites, archaeological sites, or historic properties or areas.
3. Scoping is required on all proposed actions, including those that would appear to be categorically excluded. If scoping indicates that extraordinary circumstances are present and it is uncertain that the proposed action may have a significant effect on the environment, prepare an EA (ch. 40). If scoping indicates that the proposed action may have a significant environmental effect, prepare an EIS (ch. 20). 4. If an action has been sufficiently analyzed in a completed EIS or an (EA), but not approved in the appropriate decision document, issue a record of decision or a decision notice and finding of no significant impact without considering the categories in this chapter (ch. 30). If an action has been sufficiently analyzed in a completed EIS or EA and approved in the appropriate decision document, it can be implemented without considering the categories in this chapter (ch. 30). 30.5 - Definitions.
Categorical Exclusion. (sec. 05) Decision Memo. (sec. 05) Extraordinary Circumstances. Conditions associated with a normally excluded action that are identified during scoping as potentially having effects which may significantly affect the environment (sec. 05). 31 - CATEGORIES OF ACTIONS EXCLUDED FROM DOCUMENTATION.
31.1 - Categories for Which a Project or Case File and Decision
Memo Are Not Required. At the discretion of the responsible official, a project or case file and a decision memo are not required but may be prepared for the categories of actions set forth in sections 31.1a and 31.1b. 31.1a - Categories Established by the Secretary. The rules at
7 CFR 1b.3 exclude from documentation in an EIS or an EA the following categories: (a).... (1) Policy development, planning and implementation which relate to routine activities, such as personnel, organizational changes, or similar administrative functions; (2) Activities which deal solely with the funding of programs, such as program budget proposals, disbursements, and transfer or reprogramming of funds; (3) Inventories, research activities, and studies, such as resource inventories and routine data collection when such actions are clearly limited in context and intensity; (4) Educational and informational programs and activities; (5) Civil and criminal law enforcement and investigative activities; (6) Activities which are advisory and consultative to other agencies and public and private entities, such as legal counseling and representation; (7) Activities related to trade representation and market development activities abroad. (7 CFR 1b.3) 31.1b - Categories Established by the Chief. The following
categories of routine administrative, maintenance, and other actions normally do not individually or cumulatively have a significant effect on the quality of the human environment (sec. 05) and, therefore, may be categorically excluded from documentation in an EIS or an EA unless scoping indicates extraordinary circumstances (sec. 30.5) exist: 1. Orders issued pursuant to 36 CFR Part 261 - Prohibitions to provide short-term resource protection or to protect public health and safety. Examples include but are not limited to: a. Closing a road to protect bighorn sheep during lambing season. b. Closing an area during a period of extreme fire danger. 2. Rules, regulations, or policies to establish Service-wide administrative procedures, program processes, or instructions. Examples include but are not limited to: a. Adjusting special use or recreation fees using an existing formula. b. Proposing a technical or scientific methodology or procedure for screening effects of emissions on air quality related values in Class I wildernesses. c. Proposing a policy to defer payments on certain permits or contracts to reduce the risk of default. d. Proposing changes in contract terms and conditions or terms and conditions of special use authorizations. e. Establishing a Service-wide process for responding to offers to exchange land and agreeing on land values. f. Establishing procedures for amending or revising Forest Land and Resource Management Plans. 3. Repair and maintenance of administrative sites. Examples include but are not limited to: a. Mowing lawns at a District office. b. Replacing a roof or storage shed. c. Painting a building. d. Applying registered pesticides for rodent or vegetation control. 4. Repair and maintenance of roads, trails, and landline boundaries. Examples include but are not limited to: a. Authorizing a user to grade, resurface, and clean the culverts of an established National Forest System road. b. Grading a road and clearing the roadside of brush without the use of herbicides. c. Resurfacing a road to its original condition. d. Pruning vegetation and cleaning culverts along a trail and grooming the surface of the trail. e. Surveying, painting, and posting landline boundaries. 5. Repair and maintenance of recreation sites and facilities. Examples include but are not limited to: a. Applying registered herbicides to control poison ivy on infested sites in a campground. b. Applying registered insecticides by compressed air sprayer to control insects at a recreation site complex. c. Repaving a parking lot. d. Applying registered pesticides for rodent or vegetation control. 6. Acquisition of land or interest in land. Examples include but are not limited to: a. Accepting the donation of lands or interests in land to the National Forest System. b. Purchasing fee, conservation easement, reserved interest deed, or other interests in lands. 7. Sale or exchange of land or interest in land and resources where resulting land uses remain essentially the same. Examples include but are not limited to: a. Selling or exchanging land pursuant to the Small Tracts Act. b. Exchanging National Forest System lands or interests with a State agency, local government, or other non-Federal party (individual or organization) with similar resource management objectives and practices. c. Authorizing the Bureau of Land Management to issue leases on producing wells when mineral rights revert to the United States from private ownership and there is no change in activity. d. Exchange of administrative sites involving other than National Forest System lands. 8. Approval, modification, or continuation of minor, short-term (one year or less) special uses of National Forest System lands. Examples include but are not limited to: a. Approving, on an annual basis, the intermittent use and occupancy by a State-licensed outfitter or guide. b. Approving the use of National Forest System land for apiaries. c. Approving the gathering of forest products for personal use. 31.1b.9 - Ski Permit Interim Directive
9. Issuance of a new permit for up to the maximum tenure
allowable under the National Forest Ski Area Permit Act of 1986
(16 U.S.C. 497b) for an existing ski area when such issuance is a
purely ministerial action to account for administrative changes,
such as a change in ownership of ski area improvements,
expiration of the current permit, or a change in the statutory
authority applicable to the current permit. Examples of actions in this category include, but are not limited to:
a. Issuing a permit to a new owner of ski area
improvements within an existing ski area with no changes to the Master Development Plan, including no changes to the facilities or activities for that ski area.b. Upon expiration of a ski area permit, issuing a new
permit to the holder of the previous permit where the holder is not requesting any changes to the Master Development Plan, including changes to the facilities or activities.
31.2 - Categories of Actions for Which a Project or Case File
and Decision Memo Are Required. Routine, proposed actions within any of the following categories may be excluded from
documentation in an EIS or an EA; however, a project or case file is required and the decision to proceed must be documented in a decision memo (sec. 32). As a minimum, the project or case file should include any records prepared, such as: (1) the names of interested and affected people, groups, and agencies contacted; (2) the determination that no extraordinary circumstances exist; (3) a copy of the decision memo (sec. 30.5 (2); (4) a list of the people notified of the decision; (5) a copy of the notice required 36 CFR Part 217, or any other notice used to inform interested and affected persons of the decision to proceed with or to implement an action that has been categorically excluded. Maintain a project or case file and prepare a decision memo for routine, proposed actions within any of the following categories. 1. Construction and reconstruction of trails. Examples include but are not limited to: a. Constructing or reconstructing a trail to a scenic overlook. b. Reconstructing an existing trail to allow use by handicapped individuals. 2. Additional construction or reconstruction of existing telephone or utility lines in a designated corridor. Examples include but are not limited to: a. Replacing an underground cable trunk and adding additional phone lines. b. Reconstructing a power line by replacing poles and wires. 3. Approval, modification, or continuation of minor special uses of National Forest System lands that require less than five contiguous acres of land. Examples include but are not limited to: a. Approving the construction of a meteorological sampling site. b. Approving the use of land for a one-time group event. c. Approving the construction of temporary facilities for filming of staged or natural events or studies of natural or cultural history. d. Approving the use of land for a 40-foot utility corridor that crosses one mile of a National Forest. e. Approving the installation of a driveway, mailbox, or other facilities incidental to use of a residence. f. Approving an additional telecommunication use at a site already used for such purposes. g. Approving the removal of mineral materials from an existing community pit or common-use area. h. Approving the continued use of land where such use has not changed since authorized and no change in the physical environment or facilities are proposed. 4. Timber harvest which removes 250,000 board feet or less of merchantable wood products or salvage which removes 1,000,000 board feet or less of merchantable wood products; which requires one mile or less of low standard road construction (Service level D, FSH 7709.56); and assures regeneration of harvested or salvaged areas, where required. Examples include but are not limited to: a. Harvesting (FSM 2401.1 and 2401.2) 60,000 board feet of merchantable timber from 100 acres, including the construction of one-half mile of additional roads. b. Salvaging (FSM 2435 and 2470.5) an estimated volume of 750,000 board feet of merchantable wood products timber from dead or dying trees, including the construction of one mile of access road, from an area that is generally flat with good drainage. c. Thinning (FSM 2431 and 2470.5) an estimated 200,000 board feet of timber from over-stocked timber stands, which requires construction of one-quarter mile of additional access road. 5. Regeneration of an area to native tree species, including site preparation which does not involve the use of herbicides or result in vegetation type conversion. Examples include but are not limited to: a. Planting seedlings of superior trees in a progeny test site to evaluate genetic worth. b. Planting trees or mechanical seed dispersal of native tree species following a fire, flood, or landslide. 6. Timber stand and/or wildlife habitat improvement activities which do not include the use of herbicides or do not require more than one mile of low standard road construction (Service level D, FSH 7709.56). Examples include but are not limited to: a. Girdling trees to create snags. b. Thinning or brush control to improve growth or to reduce fire hazard including the opening of an existing road to a dense timber stand. c. Prescribed burning to control understory hardwoods in stands of southern pine. d. Prescribed burning to reduce natural fuel build-up and improve plant vigor. 7. Modification or maintenance of stream or lake aquatic habitat improvement structures using native materials or normal practices. Examples include but are not limited to: a. Reconstructing a gabion with stone from a nearby source. b. Adding brush to lake fish beds. c. Cleaning and resurfacing a fish ladder at a hydroelectric dam. 8. Short-term (one year or less) mineral, energy, or geophysical investigations and their incidential support activities that may require cross-country travel by vehicles and equipment, construction of less than one mile of low standard road (Service Level D, FSH 7709.56), or use and minor repair of existing roads. Examples include but are not limited to: a. Authorizing geophysical investigations which use existing roads that may require incidental repair to reach sites for drilling core holes, temperature gradient holes, or seismic shotholes. b. Gathering geophysical data using shothole, vibroseis, or surface charge methods. c. Trenching to obtain evidence of mineralization. d. Clearing vegetation for sight paths or from areas used for investigation or support facilities. e. Redesigning or rearranging surface facilities within an approved site. f. Approving interim and final site restoration measures. g. Approving a plan for exploration which authorizes repair of an existing road and the construction of one-third mile of temporary road; clearing vegetation from an acre of land for trenches, drill pads, or support facilities. 9. Implementation or modification of minor management practices to improve allotment condition or animal distribution when an Allotment Management Plan is not yet in place. Examples include but are not limited to: a. Rebuilding a fence to improve animal distribution. b. Adding a stock watering facility to an existing water line. c. Spot seeding native species of grass or applying lime to maintain forage condition. 32 - DOCUMENTATION OF DECISIONS. 32.1 - Decision Memo Not Required. If a proposed action has
been categorically excluded from documentation in an EIS or an EA under USDA categories (7 CFR 1b.3) or the categories listed in section 31.1b, a Decision Memo is not required; however, interested and affected persons must be informed in an appropriate manner of the decision to proceed with the proposed action (sec. 11.7). 32.2 - Decision Memo Required. If the proposed action has been
categorically excluded from documentation in an EIS or an EA under the categories listed in section 31.2, document the decision to proceed with the proposed action in a decision memo. Section 32.3 sets forth the format and content of a decision memo. When the Chief or Secretary is the responsible official, the appropriate field unit prepares the decision memo with assistance from the Washington Office (WO) Environmental Coordination Staff. The WO Environmental Coordination Staff coordinates the review and signing of the decision memo, involving the appropriate WO staff(s), Deputy Chief, Chief, or Secretary, as necessary. The signed original will be filed in WO Environmental Coordination Staff office files. The WO Environmental Coordination Staff will forward a copy to the appropriate field unit or WO staff for necessary distribution. 32.3 - Format and Content of a Decision Memo. The format of a
decision memo is not intended to replicate the format of a correspondence memorandum (FSH 6209.17). Generally, decision memos should conform to the following format and content, although sections may be combined or rearranged in the interest of clarity and brievity. 1. Heading. The heading will identify: a. Title of document, that is decision memo. b. Agency. c. The title of the proposed action. d. The location of the proposed action (including administrative unit, county, and state). If appropriate, include the legal land description. 2. Decision. Describe the decision to be implemented and the reasons for categorically excluding the proposed action. Include: a. The category (sec. 31.2) of the proposed action. b. A finding that no extraordinary circumstances exist (sec. 30.5). 3. Public Involvement. List any interested and affected agencies, organizations, and persons contacted. 4. Findings required by other laws. Include any findings required by any other laws. For example, findings of consistency with the Forest Land and Resource Management Plan as required by the National Forest Management Act (FSM 1922.41 and FSH 1909.12); or a public interest determination (36 CFR 254.3(c) and FSM 5430.3). 5. Implementation date. Include the date when the responsible official intends to implement the decision, and identify any conditions related to implementation (sec. 50.3). 6. Administrative review or appeal opportunities. State whether the decision is subject to review or appeal, cite the applicable regulations, and identify when and where to file a request for review or appeal. 7. Contact Person. Include the name, address, and phone number of a contact person who can supply further information about the decision. 8. Signature and Date. The responsible official must sign and date the decision memo on the date the decision is made. 33 - NOTICE AND DISTRIBUTION OF DECISION MEMO.
Distribute a decision memo as soon as it is signed to agencies, organizations, and persons interested in or affected by the proposed action. 1. The responsible official shall promptly mail the decision memo to those who requested it. 2. As a minimum, for a decision subject to appeal under 36 CFR Part 217, in addition to the notice required by paragraph 1, the responsible official shall publish a notice of the availability of the decision memo and a summary of the decision as required by 36 CFR Part 217. The responsible official may elect to publish the complete text of the decision memo. 3. The responsible official may provide other forms of notice appropriate to the importance of the decision. 4. The responsible official shall enter the date of the decision memo on the schedule of proposed actions (sec. 07). 5. When required by E.O. 12372, Intergovernmental Review of Federal Programs, send copies to the State Single Point of Contact or, in cases where a State has elected not to establish a Single Point of Contact, the State official(s) involved. CHAPTER 40 - ENVIRONMENTAL ASSESSMENTS AND RELATED DOCUMENTS For ease of reference and use, portions of the relevant CEQ regulations are set out in boldface type throughout the text of this chapter. 41 - ENVIRONMENTAL ASSESSMENTS. Prepare environmental
assessments (EA's) to document the results of environmental analyses and to disclose the environmental consequences for proposed actions that are not categorically excluded from documentation and for which the need for an environmental impact statement has not been determined. The CEQ Regulations provide that an environmental assessment is not necessary if the agency has decided to prepare an environmental impact statement (40 CFR 1501.3(a)). Therefore, if, prior to completion of the environmental assessment, the responsible official determines an environmental impact statement should be prepared, discontinue the environmental assessment documentation, prepare a notice of intent (sec. 21), and proceed with the preparation of an environmental impact statement (ch. 20). 41.1 - Purpose of Environmental Assessments. The purpose of an
environmental assessment is to: (1) Briefly provide sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact. (2) Aid an agency's compliance with the Act when no environmental impact statement is necessary. (3) Facilitate preparation of a statement when one is necessary. (40 CFR 1508.9)(a)) 41.2 - Content. An environmental assessment may be prepared in
any format useful to facilitate planning, decisionmaking, and public disclosure as long as the requirements of this chapter are met. The length and detail of an environmental assessment may vary according to the complexity of the issues involved in the analysis. An environmental assessment: (b) Shall include brief discussions of the need for the proposal, of alternatives as required by section 102(2)(E), of the environmental impacts of the proposed action and alternatives, and a listing of agencies and persons consulted. (40 CFR 1508.9(b)) 42 - OTHER CONSIDERATIONS IN PREPARING ENVIRONMENTAL ASSESSMENTS. 42.1 - Tiering. Tier EA's to other environmental documents of
broader scope to eliminate repetitive discussions of the same issues and to focus on the actual issues ripe for decision. See sections 05, 22.31, and 25.3 for additional information about tiering. 42.2 - Adoption. Adopt other existing EA's or portions thereof
to eliminate duplication and reduce excessive paperwork if the document meets Forest Service standards and requirements. Sections 22.32 and 25.2(c) contain additional guidance on adoption. 42.3 - Incorporation by Reference. Incorporate material into
EA's by reference when the result will be to cut down on bulk without impeding agency and public review of the proposed action and alternatives. Include a brief summary of the material being incorporated by reference. See section 22.33 for additional guidance on incorporation by reference. 43 - DOCUMENTATION OF DECISIONS. 43.1 - Finding of No Significant Impact (FONSI). When an
environmental assessment has been prepared, the responsible official shall review the document and determine whether the proposed action may have a significant effect on the quality of the human environment. The CEQ Regulations define a finding of no significant impact (FONSI) as: . . .a document by a Federal agency briefly presenting the reasons why an action, not otherwise excluded({ 1508.4), will not have a significant effect on the human environment and for which an environmental impact statement therefore will not be prepared. It shall include the environmental assessment or a summary of it and shall note any other environmental documents related to it ({1501.7(a)(5)). If the assessment is included, the finding need not repeat any of the discussion in the assessment but may incorporate it by reference. (40 CFR 1508.13) If the responsible official determines that the proposed action may have a significant effect on the quality of the human environment, publish a notice of intent to prepare an environmental impact statement (ch. 20) in the Federal Register. Otherwise, prepare a FONSI. A FONSI may be a separate document or included as part of a decision notice (sec. 43.2). Use the criteria in the definition for "significantly," section 05, for determining whether the the action will have a significant effect on the human environment. In some situations, a FONSI must be available for a minimum of 30 days before a decision to implement a proposed action can be made (sec. 44). For additional guidance on FONSI's, see sec. 65.12 CEQ 40 Most Asked Questions, questions 37a, 37b, 38, 39, and 40. 43.2 - Decision Notice. If an environmental assessment and a
FONSI have been prepared, document the decision to proceed with an action or activity in a decision notice. The responsible official shall read and concur in the environmental assessment and finding of no significant impact prior to signing a decision notice. If a FONSI cannot be prepared because the proposed action may have a significant effect on the environment, a decision notice is not required. If this is the case, prepare and issue a notice of intent to prepare an environmental impact statement. Note the status of the environmental analysis on the schedule of proposed actions (sec. 07.1). When the Chief or Secretary is the responsible official, the appropriate field unit or Washington Office (WO) staff(s) prepares the decision notice with assistance from the WO Environmental Coordination Staff. The WO Environmental Coordination Staff coordinates the review and signing of the decision notice, involving the appropriate WO staff(s), Deputy Chief, Chief, or Secretary as necessary. The signed original is retained in WO Environmental Coordination files. The WO Environmental Coordination Staff then forwards a copy to the appropriate field unit or WO staff for necessary distribution. 43.21 - Format and Content. Decision notices should reflect
the conclusions drawn and the decision(s) made from the analysis documented in the environmental assessment. Generally, they should conform to the following format and content suggestions. Sections may be combined or rearranged in the interest of clarity and brevity. 1. Heading. The heading must identify: a. Title of document (Decision Notice or Decision Notice and Finding of No Significant Impact). b. Agency. c. The title of the proposed action. d. The location of the proposed action, including administrative unit, county, State. In some cases, it may be appropriate to include the legal land description. 2. Decision and Reasons for the Decision. Describe the selected alternative and the nature of the decision. In addition, this section identifies: a. Applicable laws, regulations, and policies. b. How issues were considered. c. Factors other than environmental effects considered in making the decision. d. Identification of environmental document(s) considered in making the decision. e. How considerations in the preceding paragraphs a - d were weighed and balanced in arriving at the decision. 3. Alternatives considered. All alternatives considered, including the no-action alternative, should be briefly discussed with specific citations to relevant information in the environmental assessment. Relevant mitigation measures, management requirements, and monitoring provisions should be discussed with specific citations to pages of the environmental assessment. 4. Public involvement. Provide a brief summary of how the public was involved in the analysis. Persons or groups raising issues or asserting opposing viewpoints may be identified and their views discussed in light of the decision. 5. Finding of No Significant Impact (FONSI). The decision notice must either contain or refer to a finding of no significant impact (sec. 43.1). 6. Findings required by other laws and regulations. Include any findings required by any other laws which apply to the decision being made. For example, findings regarding consistency with the forest plan, suitability for timber production, and vegetation management criteria required by the National Forest Management Act and 36 CFR Part 219. 7. Implementation date. Identify the date when the responsible official intends to implement the decision (sec. 52). 8. Administrative review or appeal opportunities. State whether the decision is subject to administrative review or appeal, cite the applicable regulations, and indicate when and where to file a request for review or appeal. 9. Contact person. Identify the name, address, and phone number of a contact person who can supply additional information. 10. Signature and Date. The responsible official must sign and date the decision notice on the date the decision is made. 44 - NOTICE AND DISTRIBUTION OF FONSI AND DECISION NOTICE.
Distribute EA's, decision notices, and FONSI's to agencies, organizations, and persons interested in or affected by the proposed action. Under certain circumstances, the responsible official may issue a FONSI and decision notice separately. The circumstances are: (i) The proposed action is, or is closely similar to, one which normally requires the preparation of an environmental impact statement under the procedures adopted by the agency pursuant to 1507.3, or (ii) The nature of the proposed action is one without precedent. (40 CFR 1501.4(e)(2)) In such cases the FONSI must be issued first in accordance with the following CEQ rule: . . . the agency shall make the finding of no significant impact available for public review (including State and areawide clearinghouses) for 30 days before the agency makes its final determination whether to prepare an environmental impact statement and before the action may begin. (40 CFR 1501.4(2)) The responsible official shall promptly mail the FONSI and decision notice to those who, in writing, have requested it and to those who are known to have participated in the decisionmaking process. As a minimum, for a decision subject to appeal under 36 CFR Part 217, in addition to the notice required by paragraph 1, the responsible official shall publish a notice of the availability of the decision notice and a summary of the decision as required by 36 CFR Part 217. The responsible official may elect to publish the complete text of the decision notice. The responsible official may provide other forms of notice appropriate to the nature and scope of the decision. The responsible official shall enter the date of the FONSI and the decision notice on the schedule of proposed actions (sec. 07). When required by E.O. 12372, Intergovernmental Review of Federal Programs, send copies to the State Single Point of Contact or, in cases where a State has elected not to establish a Single Point of Contact, the State official(s) involved. CHAPTER 50 - IMPLEMENTATION AND MONITORING For ease of reference and use, portions of the relevant CEQ regulations are set out in boldface type in the text of this chapter. 50.3 - Policy. Commitments for mitigation and monitoring
included in the final environmental impact statement (EIS) and record of decision, a finding of no significant impact (FONSI) and decision notice, or a decision memo must be met. 51 - IMPLEMENTING DECISIONS DOCUMENTED IN A RECORD OF DECISION.
A decision documented in a record of decision can be implemented no sooner than 30 days following the date the Environmental Protection Agency publishes the Notice of Availability of the related final EIS in the Federal Register (40 CFR 1506.10). 52 - IMPLEMENTING DECISIONS DOCUMENTED IN A DECISION NOTICE.
When a proposed action is similar to one that normally requires
an EIS or when the nature of a proposed action is without precedent, do not implement the decision until after the decision notice and a FONSI have been available for public review for 30 days (40 CFR 1501.4(e)(2)). At the end of the 30-day period, consider public comment and implement the decision, or publish a notice of intent to prepare an EIS. 53 - MONITORING.
Agencies may provide for monitoring to assure that
their decisions are carried out and should do so in important cases. Mitigation ((1505.2(c)) and other conditions established in the environmental impact statement or during its review and committed as part of the decision shall be implemented by the lead agency or other appropriate consenting agency. The lead agency shall: (a) Include appropriate conditions in grants, permits or other approvals. (b) Condition funding of actions on mitigation. (c) Upon request, inform cooperating or commenting agencies on progress in carrying out mitigation measures which they have proposed and which were adopted by the agency making the decision. (d) Upon request, make available to the public the results of relevant monitoring. (40 CFR 1505.3) In addition to complying with relevant monitoring requirements of an existing Forest Land and Resource Management Plan (FSH 1909.12, Ch. 6), monitor actions to ensure that: 1. Mitigation measures and terms and conditions of permits or other land use authorizations are met. 2. Anticipated results are achieved. 3. Necessary adjustments are made to achieve desired results.
1909.15,61-63, Part 01 Page 1 of 24 FSH 1909.15 - ENVIRONMENTAL POLICY AND PROCEDURES HANDBOOK WO AMENDMENT 1909.15-93-1 Effective 9/3/93 CHAPTER 60 - REFERENCESThis chapter contains guidelines and reference documents for
environmental analysis and preparation of environmental documents.
61 - ENVIRONMENTAL FACTORS. The following list identifies
environmental factors that may need to be considered for
collection of data and information during environmental
analyses. Few, if any, analyses deal with all of these factors. The classification into physical, biological, economic, and social factors is often useful, but such
classification is not mandatory.
61.1 - Physical Factors.
1. Location.
2. Geomorphic/physiographic.
a. Geologic hazards.
b. Unique land forms.
3. Climate.
4. Soils.
a. Productivity.
b. Capability.
c. Hazard.
(1) Erodibility.
(2) Mass failure.
5. Minerals and energy resources.
a. Locatable minerals.
b. Leasable minerals.
c. Saleable minerals.
d. Other energy sources.
6. Visual resources.
7. Cultural resources.
a. Archaeological.
b. Historical.
c. Architectural.
8. Wilderness resources.
9. Wild and scenic rivers.
10. Water resources.
a. Water quality.
b. Streamflow regimes.
c. Floodplains.
d. Wetlands.
e. Ground water recharge areas.
11. Air quality.
12. Noise.
13. Fire.
a. Potential wildlife hazard.
b. Role of fire in the ecosystem.
14. Land use - including prime farmland, forest land, and
rangelands.
15. Infrastructure.
a. Roads.
b. Trails.
c. Utility corridors and distribution.
d. Water collection, storage, and distribution.
e. Communications systems.
f. Solid waste collection and disposal.
g. Sanitary waste collection and disposal.
h. Buildings and other structures.
61.2 - Biological Factors.
1. Vegetation.
a. Forest, including diversity of tree species.
b. Rangeland, including conditions and trends.
c. Other major vegetation types.
d. Threatened or endangered plants.
e. Research natural areas (RNA's).
f. Unique ecosystems (other than RNA's).
g. Diversity of plant communities.
h. Noxious weeds.
2. Wildlife.
a. Habitat.
b. Populations.
c. Threatened or endangered species.
d. Diversity of animal communities.
e. Animal damage control.
3. Fish.
a. Habitat.
b. Populations.
c. Threatened, endangered, or sensitive species including
State-listed species.4. Recreation resources (usually a combination of physical,
biological, and social factors).
5. Insects and diseases.
6. Exotic organisms; for example, Russian thistle, a Siberian ibex.
61.3 - Economic Factors.
1. Economic base.
2. Labor force composition, availability.
3. Housing.
4. Land-use requirements.
5. Community service requirements.
6. Revenue base.
a. Local general government revenues.
b. Special service districts.
c. Grants-in-aid.
d. Payments to State and local governments.
7. Plans and programs of other agencies.
8. Income.
a. Sources.
b. Amounts.
c. Distribution.
9. Cost (who pays for what and when).
61.4 - Social Factors.
1. Population characteristics and dynamics.
a. Size and trends (growth, stability, decline).
b. Composition (age, sex, marital status, racial and
ethnic minorities).c. Geographic mobility.
d. Displacement.
2. Social institutions.
a. Educational.
b. Family.
c. Economic.
d. Political.
e. Military.
f. Religious.
g. Recreation/leisure.
3. Civil rights, including opportunities for minorities and women.
4. Historical/archaeological/cultural resources.
5. Lifestyles, as defined by subcultural variation,
leisure and cultural opportunities, personal security, rate of
social and technological change, basic values and attitudes,
beliefs, symbolic meanings, levels of cohesion and conflict,
community identity, quality of community services, and health
and safety.
6. Economic well-being.
a. Types of jobs available.
b. Type and distribution of income.
c. Level of unemployment.
7. Land tenure and land use.
62 - INDEXING STANDARDS. Preparation of an index is a
specialized technical task (sec. 62.06). Consider using an experienced indexer, rather than the author of the
environmental impact statement, to prepare the index. The author(s) can assist the indexer by suggesting subject headings
and indicating their relative importance. Contacts with local publishing firms, colleges, and universities may be useful in
locating experienced indexers.
62.05 - Definitions. The following definitions are derived
from a publication on British Standards for Indexing (British
Standards 3700: 1976; listed in sec. 62.06 of this Handbook).
1. Index. A systematic guide to the text, comprising a
series of entries, with headings arranged in alphabetical order
and with references to show where each indexed item appears in
the text.
2. Entry. A unit of the index consisting of a heading
and at least one reference to the location of the item in the
text (or with a cross-reference to another entry to the index).
3. Heading. The word(s) or symbol(s) selected from, or
based on, an item in the text--specifically, the initial word
or keyword. For example: "Fish, Fishing, or Water."
4. Subheading. The word(s) or symbol(s) under which
references in a complex entry are located specifically; for
example:
Fish (Heading) Trout (Subheading) Rainbow (Subheading)5. Reference. The number of the section or page where
the item is to be found in the body of the material indexed.
6. Cross-Reference. A direction from one heading or
subheading to another heading.
7. "See" Cross-References. A direction from one heading
(after which there are no references) to an alternative
heading, under which there are all the relevant references to
an item in the text. "See" cross-references usually are for synonyms or near-synonyms; for example: "Impacts, see Effects." Also use "see" cross-references when the "inverted form" of heading is used; for example: Human environment, see Environment, human.
8. "See Also" Cross References. A direction from one
heading (after which there are references) to any additional
heading(s) under which further relevant references to an item
in the text are to be found; for example: "Environment, natural
(see also Environment, physical). . . reference 89." (Note:
the reference "89" above indicates that natural environment
appears on page 89 of the text.)
62.06 - References. The following references provide further
guidance and information on indexing:
1. British Standards Institution. 1976.
Recommendations: The Preparation of Indexes to Books, Periodicals and Other Publications. British Standard (BS) 3700: 1976. 10p.2. Council of Biology Editors, Inc. 1983. The CBE Style
Manual. 5th ed. Betheseda, MD: Council of Biology Editors.
324 p. [Available for purchase from the Council of Biology Editors, 111 East Wacker Drive, Suite 200, Chicago, Illinois
60601; 312-616-0800.]
62.1 - Length. The length of an index should relate to the
length of the text material. Because indexes are usually in smaller type than the text, express the index length in number
of lines and compare this to the number of lines in the text. Generally, the length of the index should be from 4 to 8
percent of the number of lines in the document. Example: If
an environmental impact statement is 105 pages long (including
the Appendix, but not the Table of Contents), and there are 45
lines per page, the total length of the document would be 4,725
lines. The index should be from 190 to 390 lines in length.62.2 - Layout. The "set out" system of subheadings is
preferred. In this system, the heading is flush with the left margin of the list; indent subheadings three spaces. Place a comma after headings with subheadings, but not after headings
without subheadings. Use a line of periods to connect the headings and the reference. Align references with the right margin of the list.
Example:
EPA, see Environmental Protection Agency Environment, biological .........................32-39 physical ...........................17-21 economic ...............................2 social .............................21-23 Environmental Protection Agency.......2, 7, 16If the list of references is too long to fit on one line, list
only the first reference on the line with the heading and list
subsequent references on subsequent lines; for example:
Environmental Protection Agency..............2 7, 16, 93-95, 101A long series of references is discouraging to readers. If possible, limit the number of references to five for each
entry. This can be done, in most cases, by increased use of subheadings.
In general, do not use a type size for indexes smaller than 7
or 8 point (or 15 pitch on computer printers for word
processing documents). The smaller type point size is available directly in OFFICE/PUBLISHER, TEX, and other word
processing or desktop publishing software. If such methods are not practical, the smaller size may be achieved by reducing the
camera copy before printing.
62.3 - Conventional Practices. These are generally accepted
indexing standards:
1. Leave a blank line between the last heading in one
letter of the alphabet and the first heading in the next letter.
2. Use uppercase and lowercase headings as appropriate.
3. Do not include the table of contents of the
environmental impact statement (EIS) in index references.
4. Index footnotes, the bibliogrpahy, and the appendix.
5. If paragraphs are numbered, it is permissible to use
paragraph numbers as well as the page numbers for references. Place paragraph numbers in parentheses immediately following
the headings; for example: "Environment, man's (3.25)...36."
The introduction to the index should explain that this is the
practice followed. If pages are not numbered, references should be to numbered paragraphs of the EIS. Clearly state this practice at the bottom of each page of the index.
6. Index compound headings of two or more words under the
words that are likely to be most useful to prospective readers
and that are still consistent with the general construction of
the index.
7. Use a noun as the heading, or subheading, rather than
an adjective, when the choice is available; for example: "Criteria, evaluation" rather than "Evaluation criteria." If, as in the example above, the term is a subject-matter heading
in the EIS, or is otherwise likely to be searched for in the
index, use a "see" reference after the heading that begins with
the adjective; for example: "Evaluation criteria, see Criteria, evaluation."
8. When possible, avoid having separate entries under
both the singular and plural forms of a noun. Use "(s)" or "(ies)" after the entry and list all appropriate references;
for example:
Index(es). . . . . . . . . . . . . . . .72-919. References.
a. List references in page order; for example: 7, 23,
29, 56.b. It is permissible, but not necessary, to emphasize
"more important" references by underlining them in typed copy, or by printing them in boldface type. The intro-
duction to the index should explain the use of this practice.c. When there is scattered mention of the subject on
several pages, list each of the pages; for example: 63,
64, 67, 72.d. When several pages deal continuously with the subject,
list the first and last pages; for example: 63-72.
e. When the reference is to a subject that starts on one
page and continues to the next page, list both pages; for example: 63-4.
f. When listing pages, repeat 10's and 100's only when
needed to avoid the possibility of misunderstanding. For
example: use 121-6 rather than 121-26; 13-17 rather than 13-7; 97-101 rather than 97-1 or 97-01; and 125-31 rather than 125-131.10. Use letter-by-letter alphabetization, particularly
for compound word headings; that is, treat all letters in the
headings as if they were in a single word. For example, treat Red Cross as if it were spelled "redcross." If in doubt about the order of listing of entries, check a current dictionary and
use the system used there.
11. Proper names require special attention.
a. Do not invert a proper name just to make the noun
usable as the heading; for example: "Desolation
Wilderness" is preferable to "Wilderness, Desolation," or to "Wilderness (Desolation)"; "Sierra Club" is preferable to "Club, Sierra"; "Western Timber Association" is preferable to "Association, Western Timber."b. For names of people, list the surname (last name)
before the first name and any initials; for example:
"Presley, A. Elvis" or "Presley, E. A," rather than "A. Elvis Presley" or "A. E. Presley."c. If in doubt the listing of names of people, firms, or
organizations, consult the telephone directory for their listing.12. If initials are used in the text, the index heading
also should use the initials with a "see" reference to the full
name; for example:
"EPA, see Environmental Protection Agency"13. List headings consisting of initials only at the head
of the letter division of the index; for example:
EPA, see Environmental Protection Agency Environment. biological. . . . . . . . . . . . . . 32-39 economic. . . . . . . . . . . . . . . .7-21 social. . . . . . . . . . . . . . . . 21-23 Environmental Protection Agency. . . . .2, 7, 1614. When entries start on one page and continue on the
next page (or start in one column and continue in the next
column), repeat the heading followed by "(continued)."
15. When referencing footnotes, follow the page reference
with a small "n"; for example: 117n.62.4 - Methodology. The following suggestions may be useful when specialist indexing services are not used.
1. Index from final typed copy, not from earlier drafts.
2. Use 3" x 5" cards with a separate entry on each card.
Keep the cards arranged alphabetically in a file box.
3. Plan on at least three readings of the text.
4. Determine the approximate length of the index and
after completing about one-fourth of the text (on the first
review), check the number of entries to see whether the length
will be approximately the length that is desired.
5. Check references carefully during the last review of
the text. Check to be sure that a series of "see" references does not take the reader back to the original reference.
6. Carefully proofread the final typed index against the
original text.
63 - LIST OF FEDERAL AGENCIES AND FEDERAL-STATE AGENCIES WITH
JURISDICTION BY LAW OR SPECIAL EXPERTISE ON ENVIRONMENTAL
QUALITY ISSUES. Seek information from the agencies listed in exhibit 01 when developing environmental analyses for proposed
actions that may have environmental effects within the
agencies' areas of jurisdiction or special expertise. The information in exhibit 01 is derived from "Appendix II--Federal
and Federal-State Agencies With Jurisdiction by Law or Special
Expertise on Environmental Quality Issues" which appeared in
the Federal Register, volume 49, Number 247, December 21, 1984.
63 - Exhibit 01
List of Agencies With Jurisdiction by Law or Special
Expertise on Environmental Quality Issues This appendix is a compilation of Federal and Federal-State agencies with jurisdiction by law, a statutorily mandated
consultative role, or special expertise on environmental
quality issues. Both the public and private sectors and governmental agencies can use this list as a reference guide to
facilitate their participation in and compliance with NEPA
process.
The appendix is organized into four broad categories:
pollution control, energy, land use, and natural resource
management. Because most actions involve environmental issues falling into more than one of these categories, users should
consult all pertinent entries.
The areas of special expertise are listed in parentheses
following the agency name. They are intended to provide examples rather than define the limits of an agency's total
expertise in that area.
The areas of jurisdiction by law and statutorily mandated consultations are listed below each appropriate agency or
component. Entries dealing with jurisdiction by law relate to that agency's authority to approve, deny, or finance all or
part of a proposal and include permits and licenses. Because experience in implementing NEPA has proven that identification
of an agency's statutorily mandated consultative role is of
equal significance to users of this list, those
responsibilities are now specifically cited and include such
authorities as the National Historic Preservation Act of 1966
(16 U.S.C. Sec. 470 et seq.), the Fish and Wildlife
Coordination Act (16 U.S.C. Sec. 661 et seq.), and the
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.). Because laws are amended and new laws enacted, the
responsibilities identified in this appendix may change or new
ones may be added. Hence, the definitive responsibility of an agency depends on the then current law and not on this index.
The council on Environmental Quality has prepared this list to supplement its NEPA regulations and believes that it will be
helpful in the following ways: First, the Council's NEPA regulations require the Federal agency having primary responsibility for preparing an
environmental impact statement (EIS) under NEPA (the lead
agency) to determine whether any other Federal agencies have
jurisdiction by law or special expertise with respect to any
environmental effects involved in a proposal for legislation or
other major Federal action 63 - Exhibit 01--Continued
List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issuessignificantly affecting the human environment. 40 CFR 1501.5(a), 1501.6(a), 1501.7(a). The Federal lead agency must, early in the NEPA process, request the participation of Federal
cooperating agencies with jurisdiction by law or special
expertise concerning the proposal. 40 CFR 1501.6(A), 1501.7(a). The lead agency and those involved in the "scoping process" (see 40 CFR 1501.7) may use this list to help
determine which other Federal agencies should be requested to
participate as cooperating agencies in the NEPA process. The list will also be helpful to the lead agency in determining
which agencies should receive copies of the draft environmental
impact statement for review and comment. 40 CFR 1503.1. Second, this compilation will prove useful to those whose activities or proposed actions require Federal regulatory
approvals by facilitating the identification of:
a. Those Federal agencies with the authority to issue applicable
permits, licenses or other Federal regulatory approvals, and
b. Those Federal agencies that have a statutorily mandated
consultative role that must be carried out before a decision is made.
Third, a major goal of NEPA and the CEQ regulations is to encourage public participation in agency decisionmaking. 40 CFR 1500.2(d). Individuals, citizen groups and State and local governments who are interested in an environmental issue may
use the list to help identify those agencies that have
jurisdiction by law over or special expertise in the subject
matter of a proposal. Those interested may then contact the potentially involved agencies to obtain information on the
issues and to participate in the NEPA process.
Index
I. Pollution ControlA. Air Quality
B. Water Quality
C. Waste Disposal on Land
D. Noise
E. Radiation
F. Hazardous Substances
(1) Toxic, Explosive, and Flammable Materials (2) Food Additives and Contamination (3) PesticidesII. EnergyA. Electric Power
B. Oil and Gas
C. Coal
D. Uranium
E. Geothermal Resources
F. Other Energy Sources--Solar, Wind, Biomass, etc.
G. Energy Conservation
III. Land UseA. Land Use Planning, Regulation, and Development
B. Federal Land Management
C. Coastal Areas
D. Environmentally Sensitive Areas
E. Outdoor Recreation
F. Community Development
G. Historic, Architectural, and Archeological Resources
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesIV. Natural Resources ManagementA. Weather Modification
B. Marine Resources
C. Water Resources Development and Regulation
D. Watershed Protection and Soil Conservation
E. Forest, Range, and Vegetative Resources
F. Fish and Wildlife Resources
G. Non-energy Mineral Resources
H. Natural Resources Conservation
I. POLLUTION CONTROLA. Air QualityDepartment of Agriculture
* Agricultural Research Service (effects of air pollution
on vegetative growth).
* Farmers Home Administration (effects of air pollution on
housing, community, and business loan programs, and farmer loan
programs).
* Forest Service (effects of air pollution on vegetation
and visibility; fire smoke management on National Forest and
Grasslands).
* Rural Electrification Administration (electric power
plant emissions).
* Soil Conservation Service (effects of air pollution on
vegetation; wind erosion).
Department of Commerce
* National Bureau of Standards (air quality measurements,
standards, data and methods).
* National Oceanic and Atmospheric Administration
(meteorological and climatological research and monitoring in
relation to urban air pollution; incorporation of national air
quality standards in Coastal Zone Management Plans for
management and protection of coastal and marine resources).
Department of Defense
* Department of the Air Force (air pollution from military
aircraft).
* Department of the Army (emissions from military vehicles).
Department of Energy
* Economic Regulatory Administration (emissions from power
plants and other major fuel-burning installations):
--Exemptions from prohibitions against burning of natural gas
and oil in power plants and major fuel-burning installations. 42 U.S.C. 7101 and 8301 (10 CFR Part 500, et seq.).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues* Office of Policy, Safety, and Environment (air quality
in relation to general energy policies, programs, and projects;
emissions from energy sources).
Department of Health and Human Services
* Public Health Service: Center for Disease Control
(effects of air pollution on health); National Institutes of
Health (effects of air pollution on health).
Department of Housing and Urban Development
* Office of Community Planning and Development (effects of
air pollution on the built environment; air pollution
abatement: energy costs and State Implementation Plans).* Office of Housing (effect of air pollution on housing
values and marketability; economic impacts).
Department of the Interior
* Fish and Wildlife Service (effects of air pollution,
including acid rain, on endangered species and critical
habitats; National Wildlife Refuge System areas; and other fish
and wildlife resources).
* Geological Survey (effects of acid rain surface and
ground waters).
* Bureau of Indian Affairs (effects of air pollution on
Indian lands).
* Bureau of Land Management (effects of air pollution,
including smoke from forest fires and prescribed burning, on
public land, vegetation and visibility).
* Minerals Management Service (emissions from outer
continental shelf lease operations):
--Oil, gas, and sulphur operations on the outer continental
shelf--air quality. 43 U.S.C. 1331, et seq., and 42 U.S.C. 7411 (36 CFR Part 250.57).
* Bureau of Mines (air pollution from mining and minerals
processing).
* National Park Service (visibility and other effects of
air pollution on National Park System areas; effects of air
pollution on recreation areas and historic, archeological and
architectural sites).
* Office of Surface Mining Reclamation and Enforcement
(air pollution from surface coal mining and reclamation
operations; control of wind erosion at surface coal mine,
control of coal waste fires).
Department of Labor
* Mine Safety and Health Administration (airborne hazards
in mining operations).
* Occupational Safety and Health Administration (airborne
hazards in the workplace):
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Air contaminants, toxic and hazardous substances. 29 U.S.C. 655, et seq. (29 CFR Part 1910, Subpart Z).
Department of State (international aspect of air pollution).
Department of Transportation
* Coast Guard (cargo tank venting and vapor recovery systems).
* Federal Aviation Administration (aircraft emissions):
--Fuel venting and exhaust emission requirements for turbine
engine powered airplanes. Special Federal Aviation Regulation 27 (SFAR). 42 U.S.C. 1857 et seq., 7571 and 7601; 49 U.S.C. 1345, 1348, 1421, 1423 and 1655 (14 CFR Part 11: 40 CFR Part 87).* Federal Highway Administration (highway related air
quality impacts; vehicle emissions):
--Air quality conformity of highway projects. 23 U.S.C. 109; 42 U.S.C. 7401, et seq., and 7506 (23 CFR Part 770).
* Federal Railroad Administration (locomotive emissions).
* Urban Mass Transportation Administration (air quality
effects of urban transportation systems):
--Air quality conformity of transit projects. 42 U.S.C. 7401, et seq., and 7506 (49 CFR Part 623).
Advisory Council on Historic Preservation (effects of air pollution on historic districts, buildings and monuments).
Consumer Product Safety Commission (toxic emissions from consumer products and household substances):
--Consumer products and household substance regulations. 15 U.S.C. 1261, et seq., and 2051, et seq. (16 CFR Part 1000, et seq.).
Environmental Protection Agency (effect of air pollution on public health and welfare; air quality criteria and standards;
air pollution control and abatement technologies;
transportation emissions and air quality impacts; stationary
source missions; monitoring technology):
--Air quality programs in general. 42 U.S.C. 1857, et seq.; 7401, et seq.; 7501 et seq.; and 7601, et seq. (40 CFR Parts 50-87).
--Prevention of significant air quality deterioration. 42 U.S.C. 7470, et seq. (40 CFR Parts 51, 52 and 124).
--Approval of State Implementation Plans (SIPs) for National
primary and secondary ambient air quality standards. 42 U.S.C. 7410 (40 CFR Parts 51 and 52).
--Approval of State plans for standards of performance for new
stationary emission sources (NSPS). 42 U.S.C. 7411 (40 CFR Part 60).--Applications for primary non-ferrous smelter orders. 42 U.S.C. 7419 (40 CFR Part 57).
--Assuring that Federal projects conform with State
Implementation Plans. 42 U.S.C. 7616 (40 CFR Part 20).--Certification of new emission sources for conformance with
National Emission Standards for Hazardous Air Pollutants
including radioactive materials. 42 U.S.C. 7412(c) (40 CFR Part 61).
Interstate Commerce Commission (air pollution from trucks and railroads).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues National Aeronautics and Space Administration (advanced technology for remote sensing of air quality parameters and for
reduction of aircraft engine emissions).
Nuclear Regulatory Commission (radioactive substances in air pollution):
--For jurisdictional responsibilities see Part I.E--Radiation.
Tennessee Valley Authority (air quality in the Tennessee Valley region; measurement and control of air pollution from
fossil-fueled steamplants; effects on vegetation).
B. Water QualityDepartment of Agriculture
* Agricultural Research Service (research on erosion and
sediment control, pesticide degradation and runoff, and salinity).
* Agricultural Stabilization and Conservation Service
(water quality on agricultural lands: Water Bank Program).* Farmers Home Administration (water quality in relation to housing,
community, and business loan programs, and farmer loan programs).
* Forest Service (effects of water pollution on National
Forests and Grasslands, and on forest and range land in general):
-Consultation regarding effects of pollution on rivers
established as units of the National Wild and Scenic Rivers
System and on those rivers designated for study as potential
additions to that System. 16 U.S.C. 1278, et seq.--Management of municipal watersheds on National Forest lands. (36 CFR Parts 251.9 and 251.35).
* Soil Conservation Service (water quality in relation to
agricultural waste management, erosion and sediment control and
stabilization of rural abandoned mines; salinity control;
pesticides in conservation systems):
--Reclamation of rural abandoned mined land. 30 U.S.C. 1201 et seq. (7 CFR Part 632).
--Program for land conservation and utilization, and aquacultures. 7 U.S.C. 1011(e).
Department of Commerce
* National Bureau of Standards (water quality
measurements, standards, data and methods).
* National Oceanic and Atmospheric Administration (water quality
in the management and protection of coastal and marine resources,
marine pollution research and monitoring for ocean mining):
--National Ocean Pollution Planning Act. 33 U.S.C. 1701, et seq.--Marine Protection, Research, and Sanctuaries Act. 16 U.S.C. 1431, et seq. 15 CFR Part 922, et seq.).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of Defense
* Army Corps of Engineers (water pollution from activities
in navigable waters):
--Rules governing work or structure in or affecting navigable
waters of the United States. 33 U.S.C. 401 and 403 (33 CFR Parts 321 and 322).
--Authority to enjoin dumping of, or force removal of, refuse
placed in or on the banks of a navigable water or tributary of
navigable water. 33 U.S.C. 407 (33 CFR Part 320.2(d)).--Permits for discharges of dredged or fill materials into
waters of the United States. 33 U.S.C. 1344 (33 CFR Part 323).--Guidelines controlling discharge of dredged or fill material
in waters of the U.S. including wetlands. 33 U.S.C. 1344(b) and 1361(a) (40 CFR Part 230).
--Permits for transportation of dredged materials for dumping
into ocean waters. 33 U.S.C. 1413 (33 CFR Part 324).--Regulation of artificial islands, installations and devices
on the outer continental shelf. 43 U.S.C. 1333(e). (33 CFR
Part 320.2(b)).
* Department of Navy (water pollution control for ships
and naval installations; oceanography).
Department of Energy
* Office of Policy, Safety, and Environment (water quality
and marine pollution in relation to general energy policies,
programs and projects).
Department of Health and Human Services
* Center for Disease Control (effects of water quality on health).
* Food and Drug Administration (shellfish sanitation: contamination
of fish and shellfish with toxic).
Department of Housing and Urban Development
* Office of Community Planning and Development (effects of
Water pollution community planning and on sole source aquifers,
floodplains, wetlands, and urban coastal zones).
Department of the Interior
* Fish and Wildlife Service (effects of water pollution on
National Wildlife Refuge and National Fish Hatchery System
areas, endangered species and their critical habitats,
migratory waterfowl, floodplains, wetlands, estuarine areas,
marine sanctuaries, barrier islands, and sport fisheries and
wildlife resources).
* Geological Survey (general hydrology and water quality;
National Water Summary; National Stream Quality Accounting
Network (NASQAN)).
* Bureau of Indian Affairs (water Quality on Indian lands).
* Bureau of Land Management (water quality on public lands):
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Permits and leases for facilities to control/reduce water
pollution. 43 U.S.C. 1732(b) and 1761(a)(1) (43 CFR Part 2800).* Minerals Management Service (effects of marine pollution
on the outer continental shelf and coastal waters):
--Control of pollution from mineral mining, including oil and
gas development, on outer continental shelf. 43 U.S.C. 1331-1343. (30 CFR Parts 250, 251, 252 and 256).* Bureau of Mines (water pollution from mining and mineral
processing; acid mine drainage).
* National Park Service (effects of water pollution on
National Park System areas including National Seashores and
Lakeshores, on outdoor recreational values, and on historic,
archeological, and architectural resources):
--Consultations regarding effects of pollution on rivers
established as units of the National Wild and Scenic Rivers
System and on those rivers designated for study as potential
additions to that System. 16 U.S.C. 1278 et seq.
* Bureau of Reclamation (effects of public works, salinity
control, sedimentation, and irrigation on water quality;
effects of water developments on estuarine areas; research in
weather modification, water quality and quantity, and
desalination).
* Office of Surface Mining Reclamation and Enforcement
(effects of surface coal mining and reclamation operations on
water quality and hydrologic balance).
Department of State (international aspects of water pollution):
--Facilities for export/import of water and sewage. Executive Order 11423.
Department of Transportation
* Coast Guard (effects of oil spills and ship sanitation
on water quality; ocean dumping enforcement; marine resource
protection):
--Tanker construction, equipment, manning, operation. 46 U.S.C. 391(a) (33 CFR Part 157).
--Control of pollution by oil and hazardous substance
discharges in ports, waterways, and offshore facilities. 33 U.S.C. 1006-1011, 1221, and 1321: 50 U.S.C. 191 (33 CFR Parts 151 and 154-156).
--Certification of marine sanitation devices. 33 U.S.C. 1322 (33 CFR Part 159).
* Federal Highway Administration (effects of highways,
traffic and use of salt on water quality).
* Maritime Administration (water pollution from ships;
destruction/treatment of wastes at sea):
--Merchant vessels, polluting discharges and dumping. 46 U.S.C. 1101, et seq.
-Port operations, polluting discharges and dumping. 46 U.S.C. 867.
* Research and Special Programs Administration: Materials
Transportation Bureau (effects of hazardous substances
transportation on water quality).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues Advisory Council on Historic Preservation (effects of water pollution on historic districts, buildings and monuments).
Environmental Protection Agency (waste water treatment works; effluent limitations; oil and hazardous substance
discharges; protection of drinking water supplies; thermal
discharges; ocean dumping; monitoring technology):
--Water quality programs in general. 33 U.S.C. 1160, et seq., and 1251, et seq.; 42 U.S.C. 300f, et seq., and 6901, et seq.
(40 CFR Parts 100-149).
--Effluent guidelines and standards. 33 U.S.C. 1251, et seq. (40 CFR Part 401, et seq.).
--Ocean dumping in general. 33 U.S.C. 1344, 1361 and 1412-1418 (40 CFR Parts 220-231).
--Permits for discharge of specific pollutants from aquaculture
projects. 33 U.S.C. 1328 (40 CFR Parts 122-124).--Review of permits for transportation of dredged material for
ocean dumping. 33 U.S.C. 1413 (40 CFR Parts 220-229).--Permits for transportation of materials (other than dredged
material) for ocean dumping. 33 U.S.C. 1412 and 1414 (40 CFR Parts 220-229).
--Permits for disposal of sewage sludge. 33 U.S.C. 1345 (40 CFR Parts 122-125).
--Permits for ocean discharges. 33 U.S.C. 1343 (40 CFR Parts 125.120-125.124).
--Regulation of discharges of oil and hazardous substances in
waters of the United States. 33 U.S.C. 1321 and 1361 (40 CFR Part 112).
--Permits for treatment, storage or disposal of hazardous
wastes. 2 U.S.C. 8925 (40 CFR Parts 124, 270, and 271).--Review of permits for discharges of dredged or fill materials
into navigable waters. 33 U.S.C. 1344(c) (40 CFR Part 230).--Guidelines controlling the discharge of dredged or fill
material in waters of the U.S. including wetlands. 33 U.S.C. 1344(b) and 1361(a) (40 CFR Part 230).
--Assistance for construction of publicly-owned waste water
treatment works. 33 U.S.C. 1281 (40 CFR Parts 30 and 35).--Underground injection control permits. 42 U.S.C. 300f, et seq. (40 CFR Parts 122-124 and 144-146).--National Pollutant Discharge Elimination System (NPDES)
wastewater permits. 33 U.S.C. 1342 (40 CFR Parts 122-125, 129, 133, and 136).
--Designation of sole source Aquifers. 42 U.S.C. 300f and h-3(e) (40 CFR Part 148).
Federal Emergency Management Agency (water quality in floodplain management).
Federal Maritime Commission (vessel certification with respect to liability for water pollution):
--Certificates of financial responsibility for water pollution. 33 U.S.C. 1321 (46 CFR Part 542); 42 U. S.C. 1643 (46 CFR Part
543); 43 U.S.C. 1815 (46 CRF Part 544).
International Boundary and Water Commission, United States Section (U.S.-Mexico border water quality, salinity, and
sanitation problems).
National Aeronautics and Space Administration (advanced technology for remote sensing of water quality and marine pollution).
63 - Exhibit 01--Continued
List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues Nuclear Regulatory Commission (radioactive substances in water pollution):
--For jurisdictional responsibilities, see PART I.E--Radiation.
Tennessee Valley Authority (water quality in the Tennessee Valley; effects of chemical and thermal effluents).
C. Waste Disposal on Land
Department of Agriculture
* Agricultural Research Service (effects of agricultural
wastes and sludge on cropland).
* Agriculture Stabilization and Conservation Service
(effects of solid waste, especially sludge disposal, on cropland).
* Forest Service (effects of solid and liquid wastes on
National Forests and Grasslands):
--Permits for disposal sites on National Forest System lands. 16 U.S.C. 495, 497, 532-538 and 580 (36 CFR Part 251).
* Rural Electrification Administration (solid waste
disposal from electric power plants).
* Solid Conservation Service (agriculture waste
management; siting of disposal areas; sludge application on
cropland for beneficial purposes).
Department of Commerce
* National Bureau of Standards (measurements, standards,
data, and methods relating to solid and liquid wastes).
* National Oceanic and Atmospheric Administration
(disposal of solid wastes in the management and protection of
coastal and marine resources).
Department of Health and Human Services
* Center for Disease Control (effects of wastes on health).
* Food and Drug Administration (contamination of food
resulting from disposal of municipal and industrial waste
treatment sludge).
Department of the Interior
* Fish and Wildlife Service (effects of solid wastes on
National Wildlife Refuge and National Fish Hatchery System
areas, endangered species and their critical habitats, and
other fish and wildlife resources).
* Geological Survey (geologic and hydrologic effects of
solid and liquid wastes).
* Bureau of Indian Affairs (effects of solid wastes on
Indian lands).
* Bureau of Land Management (effects od solid wastes on
public lands):
--Sale or lease of land for solid waste disposal sites. 43 U.S.C. 869, et seq. (for sale--43 CFR Part 2740; for lease--43
CFR Part 2912).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues* Bureau of Mines (mine wastes; mineral processing
wastes, tailings stabilization; impoundment structures;
municipal solid wastes; recycling).
* National Park Service (effects of solid wastes on
National Park System areas).
* Office of Surface Mining Reclamation and Enforcement
(surface coal mining and reclamation operation wastes).
Department of Labor
* Mine Safety and Health Administration (mine waste control).
Department of Transportation
* Maritime Administration (destruction/treatment of wastes at sea).
* Research and Special Programs Administration: Materials
Transportation Bureau (transport of hazardous wastes):
--Hazardous materials regulations. (49 CFR Part 171, et seq.). Environmental Protection Agency (solid wastes; hazardous waste; resource conservation and recovery; removal and remedial
actions; environmental effects):
Solid wastes in general. 42 U.S.C. 3251, et seq. and 6901,
et seq. (40 CFR Parts 240-271); 42 U.S.C. 9601 et seq. (40 CFR
Part 300, et seq.).
--Permits for disposal of sewage sludge. 33 U.S.C. 1345 (40 CFR Parts 122-125).
--Solid Waste Disposal Act permits. 42 U.S.C. 3251, et seq., and 6901, et seq. (40 CFR Parts 124, 257, 270, 271 and 350).
--Criteria for classification of solid waste disposal
facilities and practices. 42 U.S.C. 6907(a)(3) and 6944(a); 33 U.S.C. 1345 (40 CFR Part 257).
--Identification and listing of hazardous wastes. 42 U.S.C. 6921 (40 CFR Part 261).
--Standards applicable to generators and transporters of
hazardous waste, and for owners and operators of hazardous
waste treatment, storage, and disposal facilities. 42 U.S.C. 6922-6924 (40 CFR Parts 260-267).
--Permits for hazardous waste treatment, storage, and disposal
facilities. 42 U.S.C. 6925 (40 CFR Parts 123, 124, 270 and 271).
--Preliminary notification of hazardous waste activities. 42 U.S.C. 6930 (40 CFR Parts 261.5, 262.12, and 263.11).
--Removal and remedial actions taken in response to the release
or threatened release of hazardous substances. 42 U.S.C. 9601 (23) and (24) 40 CFR Part 300).
--National Contingency plan for the release of oil and
hazardous substances into the environment. 42 U.S.C. 9605 (40 CFR Part 300).
--Notification requirements of the release of hazardous
substances into the environment. 42 U.S.C. 9605 (40 CFR Part 302).
--Assistance for construction of solid waste disposal
facilities. 42 U.S.C. 6961, et seq. (40 CFR Parts 30 and 35).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues Federal Emergency Management Agency (hazardous materials emergency management and disaster relief assistance).
General Services Administration (wastes in public buildings). Nuclear Regulatory Commission (radioactive waste disposal):--For jurisdictional responsibilities, see PART I.E--Radiation.
Tennessee Valley Authority (coal combustion products).D. NoiseDepartment of Agriculture
* Farmers Home Administration (noise in relation to housing,
community, and business loan programs, and farmer loan programs).
* Forest Service (noise effects on National Forests and Grasslands).
* Rural Electrification Administration (electric
generating facility, powerline, and substation noise).
Department of Commerce
* National Oceanic and Atmospheric Administration (effects
of noise on marine mammals).
Department of Defense
* Department of the Air Force (military aircraft noise).
* Department of the Army (noise from rotary wing aircraft
and other military vehicles).
Department of Health and Human Services
* Public Health Service (effects of noise on health).
Department of Housing and Urban Development
* Office of Community Planning and Development (aircraft
and vehicular noise and land use compatibility);
--Noise abatement and control. (24 CFR Part 51, Subpart B).--Siting of HUD assisted projects in runway clear zones (civil
airports) and clear zones and accident potential zones
(military airfields). (24 CFR Part 51, Subpart D).* Office of Housing (noise standards for housing; noise
abatement and control).
Department of Interior
* Fish and Wildlife Service (effects of noise on
endangered species and their critical habitats, National
Wildlife Refuge System areas, and other fish and wildlife
resources).
* Bureau of Indian Affairs (noise effects on Indian lands).
* Bureau of Land Management (noise effects on public
lands; noise abatement and control).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues* Minerals Management Service (effects of noise on marine mammals).
* Bureau of Mines (mine noise, blasting and vibration).
* National Park Service (effects of noise on National
Parks system areas, including off-road vehicular noise; effects
of noise and vibration on historic, archeological, and
architectural sites, and recreational resources).
* Bureau of Reclamation (effects of noise on reclamation
project lands).
* Office of Surface Mining Reclamation and Enforcement
(noise from surface coal mining and reclamation operations, and
from the use of explosives).
Department of Labor
* Mining Safety and Health Administration (noise in mining
operations).
* Occupational Safety and Health Administration (noise in
the workplace):
--Occupational noise exposure. 29 U.S.C. 655, et seq. (29 CFR Part 1910.95).
Department of Transportation
* Federal Aviation Administration (aircraft noise and land
use compatibility):
--Airport noise compatibility planning. 49 U.S.C. 1341, 1348, 1354, 1421, 1431, 1655 and 2101-2104 (14 CFR Part 150).
--Noise standards: Aircraft type and airworthiness certification. 49 U.S.C. 1354, 1421, 1423, 1431 and 1655 (14 CFR Part 36).
--Operating noise limits. 49 U.S.C. 1344, et seq.; 1421, et seq., and 1655 (14 CFR Part 91 Subpart E).
--Civil aircraft sonic boom. (14 CFR Part 91.55).* Federal Highway Administration (traffic and motor
vehicle noise):
--Procedures for abatement of highway traffic and construction
noise. 23 U.S.C. 109 (23 CFR Part 772).* Federal Railroad Administration (railroad noise):
--Railroad noise emission compliance regulation. 42 U.S.C. 4901, et seq. (49 CFR Part 210).
--Noise standards for railroad employees. (49 CFR Parts 228-229).* Urban Mass Transportation Administration (urban
transportation system noise).
Advisory Council on Historic Preservation (effects of noise and vibration on historic districts, buildings and monuments).
Consumer Products Safety Commission (hazardous noise from
consumer products):
--Consumer products regulations. 15 U.S.C. 1261, et seq., and 2051, et seq. (16 CFR Part 1000, et seq.).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues Environmental Protection Agency (noise exposure standards; noise abatement and control techniques; noise impact assessment
techniques; environmental effects):
--Noise abatement programs. 42 U.S.C. 4901, et seq. (40 CFR
Part 201, et seq.).
Interstate Commerce Commission (noise effects from trucks and railroads).
National Aeronautics and Space Administration (advanced technology for reduction of aircraft noise).
E. RadiationDepartment of Agriculture
* Agricultural Research Service (effects of irradiation on
insects and microorganisms in food).
* Forest Service (disposal of radioactive materials in
National forests and Grasslands; electromagnetic radiation from
powerlines and radio transmission systems).
* Rural Electrification Administration (electromagnetic
radiation from high voltage sources).
Department of Commerce
* National Bureau of Standards (radiation measurements,
standards, methods and data).
* National Oceanic and Atmospheric Administration
(electromagnetic radiation from radar systems and telecommunications).
Department of Energy
* Office of Civilian Radioactive Waste Management (storage
and disposal of commercial high-level radioactive waste and
spent nuclear fuel).
* Office of Defense Programs (storage and disposal of
Defense nuclear waste).
* Office of Energy Research (health effects of radiation
and nuclear energy).
* Office of Policy, Safety, and Environment (nuclear
energy and radioactive waste disposal; radiation effects).
Department of Health and Human Services
* Food and Drug Administration (effects of radiation on
health and safety; contamination of food with radioactive
materials).
* National Institutes of Health (effects of radiation on health).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of Housing and Urban Development
* Office of Community Planning and Development (radiation
health and safety factors; siting and distance criteria):
--Policy guidance on problems posed by toxic chemicals and
radioactive materials. (HUD Notice 79-33 of Sept. 10, 1979).* Office of Housing (radiation location factors affecting
value and marketability).
Department of the Interior
* Fish and Wildlife Service (effects of radiation on
National Wildlife Refuges, endangered species and their
critical habitats, and other fish and wildlife resources).
* Geological Survey (effects of radioactive waste disposal).
* Bureau of Indian Affairs (effects of radiation on Indian lands).
* Bureau of Land Management (effects of radiation on
public lands):
--Withdrawal of public lands for deep-burial depositories for
radioactive waste. 43 U.S.C. 1714 (43 CFR Part 2300, et seq.).* Bureau of Mines (radiation from uranium mines).
* National Park Service (effects of radiation on National
Park System areas).
Department of Labor
* Mining Safety and Health Administration (worker
protection from radiation exposure in mining).
* Occupational Safety and Health Administration (worker
protection from exposure to sources of radiation not covered by
other Federal agencies):
--Ionizing and Nonionizing radiation. 29 U.S.C. 655, et seq.
(29 CFR Parts 1910.96 and 1910.97).
Department of Transportation
* Federal Aviation Administration (radiation effects on
air traffic; transport of radioactive materials).
* Federal Highway Administration: Bureau of Motor Carrier
Safety (radioactive material transportation in interstate commerce):
--Hazardous materials tables and communications regulations. (49 CFR Part 172).
* Research and Special Programs Administration: Materials
Transportation Bureau (transportation of radioactive
materials):
--Hazardous Materials regulations. 49 U.S.C. 1801, et seq.
(49 CFR Part 171, et seq.).
Consumer Product Safety Commission (radiation from consumer products and household substances):
--Consumer products and household substances regulations. 15 U.S.C. 1261, et seq.; 2051, et seq., and 2080 (16 CFR Part
1000, et seq.).
63 - Exhibit 01--Continued
List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues Environmental Protection Agency (radiation protection standards and guidance; radioactive air emissions; ocean
disposal of radioactive waste; radiation limits for drinking
water; radiation monitoring):
--Radiation protection programs. 42 U.S.C. 2011, et seq. (40 CFR Part 190, et seq.).
--Standards for the uranium fuel cycle. 42 U.S.C. 2011, et seq. (40 CFR Part 190).--Standards for uranium mill tailings. 42 U.S.C. 2022. (40
CFR Part 192).
--Radiation standards for drinking water. 42 U.S.C. 300f, et seq. (40 CFR Part 141).--Guidance to other Federal agencies for environmental
radiation standards. 42 U.S.C. 2021(h). Federal Emergency Management Agency (review and approval of state and local nuclear incident emergency response plans;
Federal contingency plans; radiation hazards emergency management).
Nuclear Regulatory Commission (radioactive wastes, radiation effects in general):
--Standards for protection against radiation. 42 U.S.C. 2073, et seq., and 5841, et seq. (10 CFR Part 20).--Licensing of byproduct material. 41 U.S.C. 2014, et seq., and 5841 , et seq. (10 CFR Parts 30-33 and 35).--Licensing and radiation safety requirements for radiography. 42 U.S.C. 2111, et seq., and 5841, et seq. (10 CFR Part 34).--Licensing of source material. 42 U.S.C. 2014 et seq., and 5841, et seq. (10 CFR Part 40).--Licensing of production and utilization facilities. 42 U.S.C. 2073, et seq., and 5841, et seq. (10 CFR Parts 50, 51 and 55).--Disposal of high level radioactive waste. 42 U.S.C. 2021, et seq., and 5842, et seq. (10 CFR Parts 60 and 61).--Licensing of special nuclear material. 42 U.S.C. 2014, et seq., and 5841, et seq. (10 CFR Part 70).--Packaging and transportation of radioactive material. 42 U.S.C. 2073, et seq., and 5841 et seq. (10 CFR Part 71).--Licensing for storage of spent fuel. 42 U.S.C. 2021, et seq., and 5872 et seq. (10 CFR Part 72).--Reactor site criteria. 42 U.S.C. 2133, et seq., and 5841, et seq. (10 CFR Part 100).--Export and import of nuclear material. 42 U.S.C. 2073, et seq., and 5841 (10 CFR Part 110).
--Licenses for Department of Energy demonstration reactors. 42 U.S.C. 5842(1) and (2).
--Licenses for receipt and long-term storage of high-level
radioactive wastes at Department of Energy facilities. 42 U.S.C. 5842 (3) and (4).
63 - Exhibit 01--ContinuedList of Agencies With Jurisdiction by Law or Special
Expertise on Environmental Quality Issues Tennessee Valley Authority (nuclear power plant planning; radiation monitoring).
F. Hazardous Substances(1) Toxic, Explosive, and Flammable MaterialsDepartment of Agriculture
* Agricultural Marketing Services (toxic materials and
consumer protection).
* Animal and Plant Health Inspection Service (toxic
materials in the control of plant pests, noxious weeds, animal
diseases, and vectors).
* Food Safety and Inspection Service (toxic materials and
consumer protection).
* Forest Service (effects of toxic materials on National
Forests and Grasslands).
* Soil Conservation Service (toxic materials in the
control of insects and other plant pests).
Department of Commerce
* National Bureau of Standards (toxic material
measurements, standards, methods and data).
* National Oceanic and Atmospheric Administration (toxic
materials in coastal and marine resources management and
protection; ocean pollution research and monitoring).
Department of Defense (toxic materials in military operations).
Department of Health and Human Services
* Center for Disease Control (toxic materials and health issues).
* Food and Drug Administration (toxic materials and
contamination of food).
* National Institutes of Health (toxic materials and health issues).
Department of Housing and Urban Development
* Office of Community Planning and Development (hazardous
waste disposal, treatment, and compatible land use):
--Assurances that HUD assisted projects are located in a safe
and healthful environment. 42 U.S.C. 1441, et seq.--Policy guidance on problems posed by toxic chemicals and
radioactive materials. (HUD Notice 79-33 of Sept. 10, 1979).--Siting of HUD assisted projects near hazardous operations
handling explosive or flammable materials. (24 CFR Part 51, Subpart C).
* Office of Housing (lead-based paint poisoning prevention;
hazardous material storage and effects on property values).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of the Interior
* Fish and Wildlife Service (effects of toxic materials,
including lead shot, on endangered species and critical
habitats, National Wildlife Refuge and National Fish Hatchery
System areas, and other fish and wildlife resources).
* Geological Survey (effects of the disposal of toxic wastes).
* Bureau of Indian Affairs (toxic material on Indian lands).
* Bureau of Land Management (toxic materials on public lands).
* Minerals Management Service (toxic materials from outer
continental shelf mineral, including oil and gas operations):
--Discharges from outer continental shelf mineral, including oil
and gas operations. 43 U.S.C. 1331, et seq. (30 CFR Part 250).
* Bureau of Mines (disposal methods for selected milling
and mine wastes).
* National Park Service (effects of toxic materials on
National Park System areas).
* Bureau of Reclamation (effects of toxic materials on
water storage and delivery projects).
* Office of Surface Mining Reclamation and Enforcement
(toxic materials from surface coal mining and reclamation wastes.
Department of Labor
* Mining Safety and Health Administration (toxic materials
in mining).
* Occupational Safety and Health Administration (toxic
materials in the workplace):
--Hazardous and toxic materials and substance. 29 U.S.C. 655, et seq. (29 CFR Part 1910, Subparts H and Z).Department of Transportation
* Coast Guard (transportation of toxic materials by
vessel; discharges to navigable waters):
--Transportation of hazardous materials by vessel. 46 U.S.C. 170, 375, 391(a) and 416(j): 49 U.S.C. 1655, 1803, 1804, and 1808(j): 50 U.S.C. 191 (33 CFR Parts 151, et seq., and 160, et seq. (46 CFR Chapter 1).
--Hazardous substance discharge in navigable waters. 33 U.S.C. 1321 (33 CFR Parts 25 and 151, et seq.; 46 CFR Part 542, et
seq.).
* Federal Aviation Administration (hazardous aircraft cargo).
* Federal Highway Administration: Bureau of Motor Carrier
Safety (hazardous material transportation in interstate commerce):
--Hazardous materials tables and communications regulations. (49 CFR Part 172).
--Transportation of hazardous materials--driving and parking
rules. (49 CFR Part 397).* Federal Railroad Administration (railroad transport of
hazardous materials).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues* Maritime Administration (port, coastal and ocean
pollution from hazardous materials):
--Merchant vessels, polluting discharges, dumping, and destruction
/treatment of wastes at sea. 46 U.S.C. 1101, et seq.* Research and Special Programs Administration: Materials
Transportation Bureau (hazardous cargo, hazardous materials in
pipelines):
--Transportation of hazardous materials. 49 U.S.C. 1801, et seq. (49 CFR Part 171, et seq., and 190, et seq.).--Approval for shipments of Class A explosives. 49 U.S.C. 1707(7).--Permits for facilities to handle hazardous materials. 49 U.S.C. 1801, et seq.
Consumer Product Safety Commission (toxic consumer products and hazardous household substances):
--Consumer product and household substances regulations. 15 U.S.C. 1261, et seq.; 1471, et seq.; and 2051, et seq. (16 CFR
Part 1000, et seq.).
Environmental Protection Agency (hazardous material pollution control and environmental effects):
--Permits for the treatment, storage and disposal of hazardous
wastes. 42 U.S.C. 6901, et seq. (40 CFR Parts 122-124, 257,
270, and 271).
--Criteria for classification of hazardous waste disposal
facilities and practices. 42 U.S.C. 6907(a)(3) and 6944(a); 33 U.S.C. 1345 (40 CFR Part 257).
--Identification and listing of hazardous waste. 42 U.S.C. 6921 (40 CFR Part 261).
--Standards applicable to generators and transporters of
hazardous wastes and for owners and operators of hazardous
waste treatment, storage and disposal facilities. 42 U.S.C. 6901, et seq. (40 CFR Parts 260-267).--Preliminary notification of hazardous waste activities. 42 U.S.C. 6930 (40 CFR Parts 261.5, 262.12 and 263.11).
--National emission standards for hazardous air pollutants
(NESHAP). 42 U.S.C. 1857, et seq. General provisions: (40
CFR Part 61).
--Hazardous substances in water. 33 U.S.C. 1251, et seq. (40
CFR Parts 116 and 117).
--Toxic effluent standards. 33 U.S.C. 1251, et seq. (40 CFR
Part 129).
--Control of toxic substances in general. 15 U.S.C. 2601, et seq. (40 CFR Part 702, et seq.).--Regulation of hazardous chemical substances and mixtures. 15 U.S.C. 2605 (40 CFR Part 750).
--Reporting of toxic substances inventory and retention of
information. 15 U.S.C. 2607 (40 CFR Parts 710, 716, 761 and 763).--Testing of chemical substances and mixtures. 15 U.S.C. 2603. Federal Emergency Management Agency (evacuations and relocations resulting from hazardous materials released into the environment):
--Temporary evacuation and housing and permanent relocation due
to hazardous substances pollution. 42 U.S.C. 9604(a)(1) and
9607 (23 and (24).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues(2) Food Additives and Contamination of FoodDepartment of Agriculture
* Agricultural Research Service (detection of additives
and contaminants in food).
* Agricultural Marketing Service (food quality standards).
* Food Safety and Inspection Service (contamination of
meat and poultry products).
Department of Commerce
* National Oceanic and Atmospheric Administration (seafood
quality).
Department of Health and Human Services
* Food and Drug Administration (effects of food additives
and contamination on health).
Department of the Interior
* Fish and Wildlife Service (effect of contaminated food
on endangered and threatened species and other Federally
protected fish and wildlife).
Environmental Protection Agency (contamination of the environment and food from pesticide use and other toxic materials).
(3) PesticidesDepartment of Agriculture
* Agriculture Research Service (biological controls;
pesticides in food and fiber production).
* Animal Plant Health and Inspection Service (pesticides
in the control of animal and plant pests and exotic noxious weeds).
* Food Safety and Inspection Service (pesticide residues
and consumer protection).
* Forest Service (pesticides in the control of animal and
plant pests; pesticide use on National Forests and Grasslands).
* Soil Conservation Service (pesticides in conservation
systems; watershed resource protection).
Department of Commerce
* National Oceanic and Atmospheric Administration (effects
of pesticides on marine life, the coastal zone, and seafood
quality; ocean pollution research and monitoring).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of Defense
* Armed Forces Pest Management Board (pesticide use on military
lands, facilities and equipment; control of disease vectors).
Department of Health and Human Services
* Center for Disease Control (effects of pesticides on health).
* Food and Drug Administration (pesticide contamination of food).
Department of the Interior
* Fish and Wildlife Service (pesticide use on National
Wildlife Refuge and National Fish Hatchery System lands;
effects of pesticides on endangered species and their critical
habitats, and other fish and wildlife resources).
* Geological Survey (effects of pesticides on water quality).
* Bureau of Indian Affairs (pesticide use on Indian lands).
* Bureau of Land Management (pesticide use on public lands).
* Bureau of Reclamation (pesticide use on irrigated lands
and other project lands, facilities and rights-of-way).
* National Park Service (pesticide use in National Park
System areas).
Department of Labor
* Occupational Safety and Health Administration (worker
exposure during manufacture of pesticides):
--Hazardous and toxic materials and substances. 29 U.S.C. 655, et seq. (29 CFR Part 1910, Subparts H and Z).Department of Transportation
* Coast Guard (transportation of pesticides by vessel):
--Permits for transportation of hazardous substances by vessel. 46 U.S.C. 170, and 391a (33 CFR Parts 151, et seq., and 160, et
seq.; 46 CFR Chapter 1).
* Federal Aviation Administration (transport and use of
pesticides by aircraft).
* Federal Highway Administration: Bureau of Motor Carrier
Safety (pesticide transport interstate commerce):
--Hazardous materials tables and communications regulations. (49 CFR Part 172).
* Federal Railroad Administration (transport of pesticides
by railroads).
* Research and Special Programs Administration: Materials
Transportation Bureau (transport of pesticides):
--Transportation of hazardous materials. 49 U.S.C. 1801, et seq. (49 CFR Part 171, et seq.).
63 - Exhibit 01--Continued
List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues Environmental Protection Agency (pollution control and environmental effects of pesticides):
--Pesticide programs in general. 7 U.S.C. 136, et seq.: 21
U.S.C. 346a (40 CFR Part 162, et seq.).
--Certification of pesticide applicators. 7 U.S.C. 136b (40 CFR Part 171).
--Registration of pesticides. 7 U.S.C. 136a (40 CFR Part 162).--Experimental pesticide use permits. 7 U.S.C. 136c (40 CFR Part 172).
--Establishment of pesticide tolerances. 21 U.S.C. 346a (40 CFR Part 180 and 21 CFR Part 193).
--Pesticide disposal and transportation. 7 U.S.C. 136q (40 CFR Part 165).
--Worker Protection standards for agricultural pesticides. 7 U.S.C. 136 (40 CFR Part 170).
--Emergency exemptions for pesticides use. 7 U.S.C. 136p (40 CFR Part 186).
Tennessee Valley Authority (pesticides use on public lands and waters in Tennessee Valley region).
II. EnergyA. Electric Power (Development, Generation, Transmission, and Use)Department of Agriculture
* Farmers Home Administration (Small hydro, solar, and
wind projects):
--Approval of plans and specifications for FMHA funded
projects. 7 U.S.C. 1942 (7 CFR Parts 1924, 1942 and 1944).* Forest Service (power development in National Forests
and Grasslands):
--Permits, easements, and leases for power transmission, road
and hydro developments. 16 U.S.C. 522, et seq.: 43 U.S.C.
1761 (36 CFR Part 251.50, et seq.).
--Permits for commercial use of existing roads. 16 U.S.C. 537 (37 CFR Part 212).
--Consultations regarding power developments on rivers
established as units of the National Wild and Scenic Rivers
System and on those rivers designated for study as potential
additions to that System. 16 U.S.C. 1278, et seq.* Rural Electrification Administration (power development
in and for rural areas):
--Electrical generation and transmission projects. 7 U.S.C. 901 et seq. (7 CFR Part 1700, et seq.)
Department of Commerce
* National Oceanic and Atmospheric Administration (coastal
energy facility planning and siting):
--Approval of licenses for siting, design, and operation of ocean-thermal
energy facilities. 42 U.S.C. 9101, et seq. (15 CFR Part 961). 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of Defense
* Army Corps of Engineers (hydroelectric projects: effect
of power development on navigable waters);
--For jurisdictional responsibilities. see Part I.B.--Water Quality.Department of Energy
* Economic Regulatory Administration (regulation of power
plants and other major fuel-burning installations):
--Exemptions from prohibitions against the burning of natural
gas and petroleum in power plants and major fuel burning
installations. 42 U.S.C. 7101 and 8301 (10 CFR Part 500, et seq.).--Transmission of electric energy to a foreign country. 16 U.S.C. 824 a(e):; E.O. 10485 and E.O. 12038 (18 CFR Parts
32.30-32.38 and 10 CFR Parts 205.300-205.309).
* Office of Policy, Safety, and Environment (general
energy policies, programs and projects).
* Alaska Power Administration (hydroelectric generation
and transmission systems in Alaska).
* Bonneville Power Administration (electric transmission
systems in the Pacific northwest).
* Southeastern Power Administration (electric transmission
systems in the southeastern States).
* Southwestern Power Administration (electric transmission
systems in the southwestern States).
* Western Area Power Administration (electric transmission
systems in the western States).
Department of Housing and Urban Development
* Office of Community Planning and Development (energy policy;
demonstration programs; research; assistance for communityand
economic development; assistance for energy efficiency):
--Housing and Community Development Act of 1974. 42 U.S.C. 5301, et seq. (24 CFR Part 570).* Office of Housing (energy factors in rehabilitation and
retrofitting).
* Office of Policy Development and Research (building
energy technology; urban energy studies).
* Office of Solar Energy and conservation (new
technologies and research).
Department of the Interior
* Fish and Wildlife Service (effects of power development,
including transmission and line and tower construction, on
endangered species and their critical habitats, National
Wildlife Refuge and National Fish Hatchery System areas, and other fish and wildlife resources):
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Easement/permits for transmission line rights-of-way across
National Wildlife Refuge and National Fish Hatchery System
land. For refuges--16 U.S.C. 668dd: for hatcheries--43 U.S.C. 931 c and d (50 CFR Part 29.21).
--Permits for rights-of-way on National Wildlife Monuments
(Alaska only). 16 U.S.C. 432, 460(k)-3 and 742(f) (50 CFR Part 96).
--For additional jurisdictional responsibilities, see Part
IV.C--Water Resources Development.
* Geological Survey (geologic and hydrologic siting
constraints for power developments: National Water Summary).* Bureau of Indian Affairs (power development on Indian
lands):
--Approval of leases and permits for Indian lands. 25 U.S.C. 380, 393-395, 397, 402-403, 413, 415, 477 and 635 (25 CFR Part
162).
--Rights-of-way over Indian lands. 25 U.S.C. 311-312 and 323-328 (25 CFR Part 169).
--Specific power systems. (25 CFR Parts 175-177.* Bureau of Land Management (power development on public
lands):
--Easements/permits for rights-of-way. 30 U.S.C. 185 and 43 U.S.C. 1701, et seq. (43 CFR Parts 2800-2887).--Exchange of Federal lands to facilitate energy development. 43 U.S.C. 1716 (43 CFR Parts 2200-2270).
* National Park Service (effects of power development on
National Park System lands: on historic archaeologic and architectural sites; and on recreational values):
--Easements for rights-of-way across National Park system land. 16 U.S.C. 5 (36 CFR Parts 7 and 14).
--Consultations about extent to which proposed recreational
developments at hydroelectric projects conform to and are in
accord with the Statewide Comprehensive Outdoor Recreation
Plans. 16 U.S.C. 480.--Consultations regarding power developments on rivers
established as units of the National Wild and Scenic Rivers
System and on those rivers designated for study as potential
additions to that System. 16 U.S.C. 1278, et seq.* Bureau of Reclamation (hydroelectric power development
in the 17 contiguous western states, impact of power
development on State water laws; analysis of cost sharing).
--Easements/permits for powerline rights-of-way. 43 U.S.C. 3871.
Department of Labor
* Occupational Safety and Health Administration (workers
safety and health issues):
--Construction, transmission and distribution facilities. 29 U.S.C. 655, et seq. (29 CFR Part 1926, Subpart V).Department of Transportation
* Federal Highway Administration (highways and electric
utility facilities):
--Relocation and accommodation of utility facilities on highway
rights-of-way. 23 U.S.C. 109(1), 116 and 123 (23 CFR Part 645). 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues Advisory Council on Historic Preservation (effects of power developments on historic properties).
Environmental Protection Agency (pollution control and environmental effects of power development):
--For jurisdictional responsibilities see PART 1.A--Water
Quality and PART 1.C--Waste Disposal on Land.
Federal Emergency Management Agency (review and approval of state and local nuclear incident emergency response plans).
Federal Energy Regulatory Commission (hydroelectric power projects; electric transmission; electric supply; facility (siting):
--Regulation of interconnection of electric transmission
facilities and regulation of enlargement of electric
transmission facilities. 16 U.S.C. 824-825K (18 CFR Part 32).--Regulation of the development of water power including the
licensing of non-Federal hydroelectric power projects. 16 U.S.C. 791-825r ( 18 CFR Parts 4-25, 36, 131 and 141).
--Application for order directing the establishment of physical
connection facilities. 16 U.S.C. 834(b).--Withdrawal of Federal lands for power and powersite development
purposes. 16 U.S.C. 818 (43 CFR Part 2344, et seq.). International Boundary and Water Commission, United States Section (hydroelectric power installations on the Rio Grande).
Nuclear Regulatory Commission (nuclear power development in general):--Licensing of production and utilization facilities. 42 U.S.C. 2073, et seq., and 5841, 35 seq. (10 CFR Parts 50 and 51).--Nuclear power reactor operators' licenses. 42 U.S.C. 2137, et seq., and 5841, et seq. (40 CFR Part 55).
--Reactor site criteria. 42 U.S.C. 2133, et seq., and 5841, et seq. (10 CFR Part 100).--For other jurisdictional responsibilities, see PART
1.E--Radiation.
Tennessee Valley Authority (power development in the Tennessee Valley Region).
B. Oil and Gas (Development, Extraction, Refining, Transport and Use)
Department of Agriculture
* Forest Service (effects of oil and gas development on
National Forests and Grasslands):
--Permits and rights-of-way on National Forest System lands. 16 U.S.C. 471-472, 478, 495, 497-498, 528, 531-538, 551, 572
and 580 (36 CFR Parts 212, 251 and 261).
Department of Commerce
* National Oceanic and Atmospheric Administration (effects
of oil and gas development and coastal and marine resources,
management, and protection).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of Defense
* Army Corps of Engineers (effects of oil and gas
development on navigable waters):
--For jurisdictional responsibilities, see PART I.B--Water Quality.
Department of Energy
* Economic Regulatory Administration (regulation of power
plants and other major fuel-burning installations);
--Exemptions from prohibitions against the burning of petroleum
in power plants and other major fuel-burning installations. 42 U.S.C. 7101 and 8301 (10 CFR Part 500, et seq.).
* Office Policy, Safety, and Environment (general energy
policies, programs, and projects).
Department of Housing and Urban Development
* Office of Community Planning and Development (health and
safety standards: distance factors for pipeline, storage, and production facilities including sour gas wells; assistance for
community and economic development; assistance to conserve
petroleum and natural gas energy efficiency):
--Assurances that HUD assisted projects are located in a safe
and healthful environment. 42 U.S.C. 1441, et seq.--Siting of HUD assisted projects near hazardous operations
handling petroleum projects or chemicals of an explosive or
flammable nature. (24 CFR Part 51, Subpart C).--Housing and Community Development Act of 1974. 42 U.S.C. 5301, et seq. (24 CFR Part 570).* Office of Housing (siting standards and effects on
housing values and marketability).
Department of the Interior
* Fish and Wildlife Service (effects of oil and gas
development on endangered species and their critical habitats,
National Wildlife Refuge and National Fish Hatchery System
areas, and other fish and wildlife resources):
--Permits for oil and gas pipeline rights-of-way across
National Wildlife Refuge and National Fish Hatchery Systems
lands. For refuges--16 U.S.C. 668dd: for hatcheries--43
U.S.C. 931c and d (50 CFR Part 29.21).
--Permits for rights-of-way across National Wildlife Monuments
(Alaska only). 16 U.S.C. 432, 460(k)-3 and 742(f) (50 CFR Part 96).* Geological Survey (oil and gas resources in general).
* Bureau of Indian Affairs (oil and gas development on
Indian lands):
--Leases and permits on Indian lands. 25 U.S.C. 380, 393-395, 397, 402-403, 413, 415, 477 and 635 (25 CFR Part 162).
--Rights-of-way over Indian lands. 25 U.S.C. 311-321 and 323-328 (25 CFR Part 169).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Mining leases (including oil and gas) on Indian lands. 25 U.S.C. 376, 396, 476-477 and 509 (25 CFR Parts 211-215 and 226-227).
* Bureau of Land Management (oil and gas development on
public lands):
--Lease for oil and gas deposits: (a) Public domain lands. 30 U.S.C. 181, et seq.; 43 CFR
Parts 3100, et seq., and 3160.
(b) Acquired lands. 30 U.S.C. 351-359 (43 CFR Parts 3100,
et seq., and 3160).
(c) In and under railroad and other rights-of-way acquired
under laws of the United States. 30 U.S.C. 301-306 (43 CFR Part 3100).
(d) Indian lands. 25 U.S.C. 396a. et seq. (25 CFR Parts
211, 213, 226 and 227).
--Leases and land exchanges for oil shale, native asphalt,
solid and semisolid bitumen and bituminous rock. For leases--30 U.S.C. 241 (43 CFR Part 3500): for exchanges--43 U.S.C. 1716 (43 CFR Parts 2200-2270).
--Easements/permits for oil and gas pipeline rights-of-way. 30 U.S.C. 185 and 43 U.S.C. 1701, et seq. (43 CFR Parts 2800-2887).--Easements/leases/permits for use, occupancy and development
of public lands. 43 U.S.C. 1732 (43 CFR Subchapters 2000 and 3000).-Disposal of government royalty oil (non-OCS oil). 30 U.S.C. 189, 192 and 359 (30 CFR Part 206).
--Exchange of non-OCS Federal lands with oil and gas deposits. 43 U.S.C. 1716 (43 CFR Parts 2200-2207).
* Minerals Management Service (oil and gas development on
the outer continental shelf):
--Leases for minerals on the outer continental shelf. 43 U.S.C. 1331-1343 (30 CFR Parts 250, 251, 252 and 256).
--Permits/easements for rights-of-way for "common carrier" oil
gas pipelines on the outer continental shelf. 43 U.S.C. 1331 (30 CFR Part 256, Subpart N).
--Permits for exploration and development activities on Federal
leases on the outer continental shelf. 43 U.S.C. 1331, et seq.
(30 CFR Parts 250 and 251).
--Easements/rights-of-way for gathering pipelines, artificial
islands, platforms, and other fixed structures on any Federal
or State outer continental shelf oil and gas lease. 43 U.S.C. 1334-1335 (30 CFR Parts 250.18-250.19).
--Applications for purchase of government royalty oil from the
outer continental shelf. 43 U.S.C. 1334 (30 CFR Part 225a).--Permits for geological and geophysical exploration on the
outer continental shelf. 43 U.S.C. 1334 and 1340 (30 CFR Part 251).--Drilling permits. 43 U.S.C. 1351.* Bureau of Mines (environmental, health, and safety
aspects of mining oil, tar sands, and oil shale; coalbed
methane control and recovery; helium conservation).
* National Park Service (effects of oil and gas
development on National Park System areas on historic,
archeological, and architectural sites, and on recreational
values):
--Permits for oil and gas operations on National Park system
areas. 16 U.S.C. 1 (36 CFR Part 9). 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Determination of significance of effects for combined
hydrocarbon lease conversions in Glen Canyon NRA. (43 CFR Parts 3140.7 and 3141.2)
* Bureau of Reclamation (effects of oil and gas development
on water storage and delivery systems):
--Easements/permits for pipeline rights-of-way. 43 U.S.C. 3871.Department of Labor
* Occupational Safety and Health Administration (general
worker safety and health issues):
--Oil and gas well drilling. 29 U.S.C. 655, et seq. (29 CFR
Part 1910.270).
Department of State (international aspects of oil and gas development):
--Facilities for export/import of petroleum and petroleum
products. E.O. 11423.Department of Transportation
* Coast Guard (oil and gas transport by vessel):
--Tank vessel regulation. 46 (U.S.C. 391(a) (33 CFR Part 157).--Ports and waterways safety. 33 U.S.C. 1221 (33 CFR Part 160, et seq.).--Construction and alteration of bridges for pipelines over
navigable waters. 33 U.S.C. 491, et seq.: 511, et seq.: 525,
et seq., and 535 (33 CFR Part 114, et seq.).
--Outer continental shelf structures. 43 U.S.C. 1331 (33 CFR Part 140, et seq.).
* Maritime Administration (effects of oil and gas
development on port, coastal and ocean pollution):
--Merchant vessels, including liquefied natural gas vessels. 42 U.S.C. 1101, et seq. (46 CFR Part 250. et seq.).--Port operations, including loading/unloading of liquefied
natural gas vessels. 42 U.S.C. 867 (46 CFR Part 346, et seq.).* Federal Highway Administration (pipelines and highway
rights-of-way):
--Relocation and accommodation of pipelines on highway rights-
of-way. 23 U.S.C. 109(1). 116 and 123 (23 CFR Part 645).
* Federal Railroad Administration (railroad transport of
oil and gas).
* Research and Special Programs Administration: Materials
Transportation Bureau (pipeline safety; oil and gas shipments;
natural gas marine terminals):
--Pipeline safety. 49 U.S.C. 1671, et seq., and 2001, et seq.
(49 CFR Part 190, et seq.).
Advisory Council on Historic Preservation (effects of oil and gas development on historic properties):
Environmental Protection Agency (pollution control and environmental effects of oil and gas development):
--For jurisdictional responsibilities, see PART I.A.--Air
Quality, PART I.B.--Water Quality, and PART I.C.--Waste
Disposal on Land.
63 - Exhibit 01--ContinuedList of Agencies With Jurisdiction by Law or Special
Expertise on Environmental Quality Issues Federal Energy Regulatory Commission (charges/rates for transportation of oil and gas by pipeline; transportation,
storage, and sale of natural gas):
--Certificates for natural gas facilities (underground storage
fields. LNG facilities, and transmission pipeline facilities):
sale, exchange and transportation of gas: abandonment of facilities and curtailment of natural gas service: authorization to import and export natural gas. 15 U.S.C. 717-717(w): E.O. 10485 and E.O. 12038 (18 CFR Part 152, et seq.).--Authorization compelling the expansion, improvement or
connection of natural gas facilities. 15 U.S.C. 717f(a) (18 CFR Part 156).
Interstate Commerce Commission (regulation of petroleum and natural gas carriers).
C. Coal (Development, Mining, Conversion, Process, Transport and Use)Department of Agriculture
* Forest Service (effects of coal development on National
Forests and Grasslands):
-Permits and rights-of-way on National Forest System lands. 16 U.S.C. 471-472, 478, 495, 497-498, 525, 528, 531-538, 551, 572
and 580 (36 CFR Parts 212, 251 and 261).
--Coal leasing. 30 U.S.C. 201-352.--Surface coal mining operations. 30 U.S.C. 1272.* Rural Electrification Administration (coal development
in relation to rural electrification):
--Financial assistance for purchase of coal mines and mining
facilities. 7 U.S.C. 901, et seq. (7 CFR Part 1700, et seq.).
* Soil Conservation Service (abandoned rural mined land,
mine reclamation, and transportation):
--Reclamation of rural abandoned mined land. 30 U.S.C. 1201, et seq. (7 CFR Part 632).Department of Commerce
* National Oceanic and Atmospheric Administration
(atmospheric dispersion of effluents; acid rain; management and
protection of coastal and marine resources; air and water
pollution from mining; offshore and coastal mining; port
planning).
Department of Defense
* Army Corps of Engineers (effects of coal development on
navigable waters):
--For jurisdictional responsibilities. See PART I.B.--Water Quality.
Department of Energy
* Economic Regulatory Administration (regulation of
powerplants and other major fuel-burning installations):
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--exemption from prohibitions against burning of natural gas
and oil in powerplants and major fuel-burning installations. 42 U.S.C. 7101 and 8301 (10 CFR Part 500, et seq.).
* Office of Policy, Safety, and Environment (general
energy policies, programs, and projects).
* Office of Fossil Energy (coal research, coal liquification
projects, and emerging coal technologies).
Department of Housing and Urban Development
* Office of Community Planning and Development (assistance
for community impacts due to rapid development):
--Housing and Community Development Act of 1974. 42 U.S.C. 5301, et seq. (24 CFR Part 570).* Office of Housing (subsidence from mining operations and
soil factors related to housing).
Department of the Interior
* Fish and Wildlife Service (effects of coal development
on endangered species and their critical habitats, National
Wildlife Refuge and National Fish Hatchery System areas, and
other fish and wildlife resources):
--Permits for use of National Wildlife Refuge and National Fish
Hatchery System lands. For refuges--16 U.S.C. 888 dd and ee:
For hatcheries--43 U.S.C. 931 c and d (50 CFR Parts 25.41 and 29.21).
--Permits for rights-of-way across National Wildlife Monuments
(Alaska only). 16 U.S.C. 432, 460(k-3) and 742 (f) (50 CFR Part 96).
* Geological Survey (coal resources in general:
hydrologic effects of coal mining and reclamation).
* Bureau of Indian Affairs (coal development on Indian lands):
--Leases and permits on Indian lands. 25 U.S.C. 380, 393-395, 397, 402-403, 413, 415, 477 and 635 (25 CFR Part 162).
--Rights-of-way over Indian lands. 25 U.S.C. 311-321 and 328 (25 CFR Part 169).
--Mining leases on Indian lands. U.S.C. 356, 396, 476-477 and 509 ( 25 CFR Parts 211-215 and 226-227).
--Surface exploration and reclamation. 25 U.S.C. 355, 396, 473 and 501-502 (25 CFR Part 216).
* Bureau of Land Management (coal development on public lands):
--Exploration licenses for coal deposits on unleased lands. 30 U.S.C. 181 and 201(b) (43 CFR Part 3400).
--Leases/permits for recovery of coal deposits. 30 U.S.C. 181, et seq., 201b and 202a; 43 U.S.C. 1701, et seq. (43 CFR Parts 3400 and 3480).
--Easements/lease/permits for use, occupancy and development of
public lands. 43 U.S.C. 1732 (43 CFR Subchapters 2000 and 3000).--Permits to mine coal for domestic needs. 30 U.S.C. 208 (43 CFR Part 3440).
--Easements/permits for rights-of-way. 30 U.S.C. 185 and 43 U.S.C. 1701, et seq. (43 CFR Parts 2800-2887). 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues --Exchange of Federal lands with coal or uranium deposits. 43 U.S.C. 1716 (re CFR Parts 2200-2270).
* Bureau of Mines (mining technology, health and safety,
subsidence prediction and control, and land reclamation).
* National Park Service (effects of coal development on
National Park System areas and on historic and recreational values):
--Leases, permits and licenses for mining on National Park
System lands involved in Wild and Scenic River Systems. 16 U.S.C. 1280.
--Access permits for mining activity within the National Park
System. 16 U.S.C. 1902 and 1906 (36 CFR Part 9).--Easements for rights-of-way across National Park System land. 16 U.S.C. 1, et seq. (36 CFR Part 9, et seq.).* Bureau of Reclamation (effects of coal development on
water storage and delivery projects):
--Easement/permits for access rights-of-way 43 U.S.C. 3871.
* Office of Surface Mining Reclamation and Enforcement
(surface coal mining and reclamation: general effects of surface coal mining operations):
--Identification of certain lands considered unsuitable for
surface coal mining operations. 30 U.S.C. 1272 (30 CFR Chapter 7, Subchapter F).
--Permits for coal exploration operations on Federal lands
within an approved mining permit area, and, if there is no
approved State Coal Mining Regulatory Program, on non-Federal
and non-Indian lands. 30 U.S.C. 1262 (30 CFR Chapter VII and 43 CFR Part 3400).
--Permits for surface coal mining and reclamation operations
(includes underground mines with surface effects) on Federal
lands except the States may do this when there is both an
approved State Coal Mining Regulatory Program and a Cooperative
Agreement between the State and the Secretary of the Interior. 30 U.S.C. 1258, 1267, 1268, 1271, and 1273 (30 CFR Chapter VII).
--Permits for surface coal mining and reclamation operations
(includes underground mines with surface effects) on non-
Federal lands in those States where there is no approved State
Coal Mining Regulatory Program. 30 U.S.C. 1256-1262 (30 CFR Chapter VII).
--Permits for surface coal mining and reclamation operations
(includes underground mines with surface effects) on Indian
lands. 30 U.S.C. 1300 (30 CFR Chapter VII and 25 CFR Part 216).--Grants for reclamation of abandoned mined lands. 30 U.S.C. 1231-1235 and 1237-1243 (30 CFR Chapter VII).
Department of Labor
* Mining Safety and Health Administration (safety and
health issues in mining operations).
* Occupational Safety and Health Administration (worker
safety and health issues:
--Coal tar pitch volatiles. 29 U.S.C. 655, et seq. (29 CFR
Part 1910.1002).
Department of State (international aspects of coal development):--Facilities for export/import of coal. E.O. 11423. 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of Transportation
* Coast Guard (vessel transport of coal):
--Construction and alterations of bridges and causeways over
navigable waters. 33 U.S.C. 491, et seq.; 511. et seq.; 525, et seq., and 535 (33 CFR Part 114, et seq.).
--Ports and waterways safety. 33 U.S.C. 1221 (33 CFR Part 160, et seq.).* Federal Highway Administration (coal haul roads; effects
of railroad coal transport on roads and streets).
* Federal Railroad Administration (railroad transport of coal).
* Maritime Administrational (bulk shipping of coal and
other minerals in the inland waterways, domestic oceans, Great
Lakes, and U.S. foreign trade).
Advisory Council on Historic Preservation (effects of coal development on historic properties).
Environmental Protection Agency (pollution control and environmental effects of coal development:
--For jurisdictional responsibilities see PART I.A--Air
Quality, PART I.B--Water Quality, and PART I.C.--Waste Disposal
on Land.
Interstate Commerce Commission (regulation of coal rail-carriers and rates: impacts from railroad construction for moving coal, including downline impacts).
Tennessee Valley Authority (coal development in the Tennessee Valley region).
D. Uranium (Exploration, Mining, Transport and Use)Department of Agriculture
* Forest Service (uranium in National Forests and
Grasslands):
--Permits and rights-of-way on National Forest System lands. 16 U.S.C. 471-472, 478, 495, 497-498, 525, 528, 531-538, 551,
571 and 580 (36 CFR Parts 212, 251 and 261).
--Surface use of public domain lands under U.S. mining laws. 16 U.S.C. 478 and 551 (36 CFR Part 228).
--Mineral development on acquired lands. For solid (hardrock minerals--16 U.S.C. 520 (43 CFR Part 3500): for phosphate, sodium, potassium and sulphur--30 U.S.C. 351, et seq.
* Soil Conservation Service (abandoned mine land, mine
reclamation, and transportation).
Department of Commerce
* National Oceanic and Atmospheric Administration (air and
water pollution from mining: offshore and coastal mining: port
planning: management and protection of coastal and marine resources):
--Approval of licenses for deep seabed hard mineral exploration
and development. 30 U.S.C. 1401, et seq. (15 CFR Part 970). 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of Defense
* Army Corps of Engineers (effects of uranium mining on
navigable waters):
--For jurisdictional responsibilities, see PART I.B--Water Quality.
Department of Energy
* Office of Policy, Safety, and Environment (general
energy policies, programs and projects).
* Office of Civilian Radioactive Waste Management
(management of commercial radioactive wastes).
* Office of Defense Programs (management of Defense
radioactive wastes).
* Office of Nuclear Energy (nuclear energy in general).
Department of Housing and Urban Development
* Office of Housing (subsidence for mining operations and
soil factors related to housing).
Department of the Interior
* Fish and Wildlife Service (effects of uranium mining on
endangered species and their critical habitats, National
Wildlife Refuge and National Fish Hatchery System areas, and
other fish and wildlife resources):
--Easements/permits on National Wildlife Refuge and National
Fish Hatchery System land. 16 U.S.C. 888 dd. et seq.; 43 U.S.C. 931 c and d (50 CFR Parts 25.41 and 29.21).
--Permits for rights-of-way across National Wildlife Monuments
(Alaska only). 16 U.S.C. 432, 460(k-3) and 742(f) (50 CFR Part 96).* Geological Survey (uranium resources in general).
* Bureau of Indian Affairs (uranium on Indian lands):
--Leases and permits on Indian lands. 25 U.S.C. 380, 393-395, 397, 402-403, 413, 415, 477 and 635 (25 CFR Part 162).
--Rights-of-way over Indian lands. 25 U.S.C. 311-321 and 323-328 (25 CFR Part 169).
--Mining leases on Indian lands. 25 U.S.C. 356, 396, 476-477 and 509 (25 CFR Parts 211-215 and 226-227).
--Surface exploration and reclamation. 25 U.S.C. 355, 396, 473 and 501-502 (25 CFR Part 216).
* Bureau of Land Management (uranium on public lands):
--Exchange of Federal lands with coal or uranium deposits. 43 U.S.C. 1716 (43 CFR Parts 2200-2270).
--Leases for uranium exploration and mining. 30 U.S.C. 181, 351-359 and 1201, et seq. (43 CFR Parts 3500-3800).--Approval of plan of operations in connection with uranium
leases. 30 U.S.C. 22, et seq.; 30 U.S.C. 181, et seq.; and 43 U.S.C. 1701, et seq. (43 CFR Parts 3570 and 3802). 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Easements/leases/permits for use, occupancy and development
of public lands. 43 U.S.C. 1732 (43 CFR Subchapter 2000 and 3000).--Exploration licenses to explore for uranium and other
leasable minerals on unleased lands. 30 U.S.C. 181, et seq., and 201(b) (43 CFR Parts 3400 and 3480).
--Leases, permits and licenses for mining in Wild and Scenic
River System areas. 16 U.S.C. 1280 (each area has special Federal Regulations).
--Concurrence for mining use of public lands withdrawn or
reserved for power development or for a power site. 30 U.S.C. 621 (43 CFR Part 3730).
--Easements/permits for rights-of-way. 30 U.S.C. 185 and 43 U.S.C. 1701, et seq. (43 CFR Parts 2800-2900).
* Bureau of Mines (uranium mining in general).
* National Park Service (effects of uranium mining on
public park and recreation values; on historic, archeological
and architectural sites; and on National Park System areas):
--Permits, leases, and easements for rights-of-way. 16 U.S.C. 1, et seq. (36 CFR Part 9, et seq.).--Leases, permits and license for mining on National Park
System lands involved in Wild and Scenic River Systems. 16 U.S.C. 1280.
--Access permits for mining activity within the National Park
System. 16 U.S.C. 1902 and 1908; 30 U.S.C. 21, et seq. (36
CFR Part 9).
* Bureau of Reclamation (effects of uranium mining on
water storage and delivery projects):
--Easements/permits for access, pipeline, and other rights-of-
way. 43 U.S.C. 3871.Department of Labor
* Mining Safety and Health Administration (safety and
health issues in mining operations).
* Occupational Safety and Health Administration (general
worker safety and health issues):
--General industrial, and construction standards. 29 U.S.C. 655, et seq. (29 CFR Parts 1910 and 1926). Department of State (international aspects of uranium mining):--Facilities for export/import of minerals. E.O. 11423.Department of Transportation
* Coast Guard (vessel transport of minerals):
--Construction and alterations of bridges and causeways over
navigable waters. 33 U.S.C. 491, et seq.; 511, et seq.; 525, et seq., and 535 (33 CFR Part 114, et seq.).
--Ports and waterways safety. 33 U.S.C. 1221 (33 CFR Part 160, et seq.). Advisory Council on Historic Preservation (effects of uranium mining on historic properties).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues Environmental Protection Agency (pollution control and environmental effects of uranium mining):
--For jurisdictional responsibilities. see PART I.A.--Air Quality, PART I.B.--Water Quality, PART I.C.--Waste Disposal on
Land, and PART I.E.--Radiation.
Nuclear Regulatory Commission (nuclear power development in general):
--Licensing uranium milling operations. 42 U.S.C. 2091 et seq. (10 CFR Part 40).
Tennessee Valley Authority (uranium mining and milling).E. Geothermal Resources (Development, Transmission, and Use)Department of Agriculture
* Forest Service (effects of geothermal resource
development on National Forests and Grasslands):
--Leases for geothermal resource developments. 30 U.S.C. 1014.--Permits and rights-of-way on National Forest System lands. 16 U.S.C. 471-472, 478, 495, 497-498, 525, 538, 531-538, 551,
572 and 580 (36 CFR Parts 212, 251 and 261).
Department of Commerce
* National Oceanic and Atmospheric Administration (air and water pollution from geothermal development).
Department of Defense
* Army Corps of Engineers (effects of geothermal
development on navigable waters):
--For jurisdictional responsibilities, see PART I.B.--Water Quality.
Department of Energy
* Office of Policy, Safety and Environment (general energy
policies, programs and projects).
* Office of Conservation and Renewable Energy (research
and development on geothermal energy sources).
Department of the Interior
* Fish and Wildlife Service (effects of geothermal
development on endangered species and their critical habitats,
National Wildlife Refuge and National Fish Hatchery System
areas, and other fish and wildlife resources):
--Easements/permits on National Wildlife Refuge and National
Fish Hatchery System land. For refuges--16 U.S.C. 668 dd. et seq., for hatcheries--43 U.S.C. 931 c and d (50 CFR Parts 25.41
and 29.21).
--Permits for rights-of-way across National Wildlife Monuments
(Alaska only). 16 U.S.C. 432, 460(k-3) and 742(f) (50 CFR Part 96).* Geological Survey (geothermal resources in general).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues* Bureau of Indian Affairs (geothermal development on Indian lands):
--Leases and permits on Indian lands. 25 U.S.C. 380, 393-395, 397, 402-403, 413, 415, 477 and 635 (25 CFR Part 162).
--Rights-of-way over Indian lands. 25 U.S.C. 311-321 and 323-328 (25 CFR Part 169).
* Bureau of Land Management (geothermal development on
public lands):
--Permits for geothermal resources exploration. 30 U.S.C. 1023 (43 CFR Part 3260).
--Leases for geothermal resources recovery. 30 U.S.C. 1001-1025 (43 CFR Parts 3200-3250, 3260 and 3280).
--Licenses for geothermal powerplants. 30 U.S.C. 1001-1025 (43 CFR Part 3250).
--Easements/leases/permits for use, occupancy and development
of public lands. 43 U.S.C. 1732 (43 CFR Subchapter 2000 and 3000).--Easements/permits for rights-of-way. 30 U.D.C. 185 and 43 U.S.C. 1701, et seq. (43 CFR Parts 2800-2900).* Bureau of Mines (recovery of mineral values in geothermal
operations; materials for construction of geothermal facilities).
* National Park Service (effects of geothermal development on
public park and recreation values, on historic, archeological and
architectural sites, and on National Park System areas).
* Bureau of Reclamation (alternative energy studies; coordination
of geothermal operations with hydroelectric generation):
--Easement/permits for access, pipeline, and other rights-of-
way. 43 U.S.C. 3871.Department of Labor
* Occupational Safety and Health Administration (worker
safety and health issues):
--General industrial and construction standards. 29 U.S.C. 655, et seq. (29 CFR Parts 1910 and 1926). Advisory Council on Historic Preservation (effects of geothermal development on historic properties).
Environmental Protection Agency (pollution control and environmental effects of geothermal development):
--For jurisdictional responsibilities, see PART I.A.--Air Quality,
PART I.B.--Water Quality, and PART I.C.--Waste Disposal on Land.3
F. Other Energy Sources--Solar, Wind, Biomass, etc. (Development and Use)
Department of Agriculture
* Agricultural Research Service (utilization of biomass,
wastes, solar, and wind energy sources in agricultural production).
* Farmers Home Administration (small hydro, solar and wind projects):
--Approval of plans and specifications for FmHA-funded
projects. 7 U.S.C. 1942 (7 CFR Parts 1924, 1942 and 1944).63 - Exhibit 01--Continued
List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues* Forest Service (uses and rights-of-way on National
Forests and Grasslands):
--Permits and rights-of-way on National Forest System lands. 16 U.S.C. 471-472, 478, 495, 497-498, 525, 528, 531-538, 551,
572 and 580 (36 CFR Parts 212, 251 and 261).
* Office of Energy (general energy policies related to agriculture):
--Solar and wind energy facility siting. 16 U.S.C. 470 (36 CFR Part 200).Department of Commerce
* National Oceanic and Atmospheric Administration (coastal
energy facility planning and siting; basic weather data and research):
--Approval of licenses for siting, design, and operation of ocean-
thermal energy facilities. 42 U.S.C. 9101, et seq. (15 CFR Part 961).
Department of Energy
* Office of Policy, Safety, and Environment (general
energy policies, programs and projects).
* Office of Conservation and Renewable Energy (research
and development programs on alternative energy sources).
Department of Housing and Urban Development
* Office of Community Planning and Development
(alternative energy policy, including district heating and
cogeneration; demonstration programs; research; technical
assistance and feasibility studies; building rehabilitation and
retrofit; assistance for community and economic development):
--Housing and Community Development Act of 1974. 42 U.S.C. 5301, et seq. (24 CFR Part 570).--Urban Development Action Grant Handbook. HUD 6050.1 of Oct. 1962.* Solar Energy and Energy Conservation Bank (assistance
for energy conservation improvements to residential, commercial,
and agricultural buildings, including solar energy systems):
--Energy Security Act of 1980. 12 U.S.C. 3601, et seq. (24
CFR Part 1800, et seq.).
Department of the Interior
* Fish and Wildlife Service (effects of alternative energy
development on endangered species and their critical habitats,
National Wildlife Refuge and National Fish Hatchery System
areas, and other fish and wildlife resources).
* Geological Survey (geology and hydrologic siting
constraints for alternative energy development).
* Bureau of Indian Affairs (alternative energy development
on Indian lands).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues* Bureau of Land Management (alternative energy development on
public lands):
--Licenses for synthetic liquid fuel facilities. 30 U.S.C. 323.--Solar energy facility siting. 43 U.S.C. 1761.* National Park Service (effects of alternative energy
development on part and recreation values on historic,
archeological and architectural sites, and on National Park
System areas).
* Bureau of Reclamation (alternative energy studies;
coordination of operations with hydroelectric generation).
Department of Labor
* Occupational Health and Safety Administration (worker
safety and health issues):
--General industrial and construction standards. 29 U.S.C. 655, et seq. (29 CFR Parts 1920 and 1926). Advisory Council on Historic Preservation (effects of alternative energy development on historic properties).
Environmental Protection Agency (pollution control and environmental effects of alternative energy development):
--For jurisdictional responsibilities, see PART I.--POLLUTION CONTROL.
G. Energy ConservationDepartment of Agriculture
* Extension Service (rural family energy conservation).
* Farmers Home Administration (energy conservation in
relation to agency funded projects).
* Forest Service (energy conservation in National Forests
and Grasslands).
* Office of Energy (general agricultural energy policies).
* Rural Electrification Administration (energy
conservation in relation to power development in rural areas).
Department of Commerce
* National Bureau of Standards (energy efficiency
objectives and standards).
* National Oceanic and Atmospheric Administration (heating
fuel usage forecasting; weather forecasting in relation to
energy conservation).
Department of Energy
* Office of Policy, Safety, and Environment (general
energy policies, programs and projects).
* Office of Conservation and Renewable Energy (energy
efficiency of transportation, building, and industrial systems: assistance programs for energy planning and conservation):
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Energy Conservation standards for new buildings. 42 U.S.C. 6834 (10 CFR Part 450, et seq.).
* Bonneville Power Administration (energy conservation
studies in the Pacific Northwest):
--Regional planning and conservation. 16 U.S.C. 839, et seq.Department of Housing and Urban Development
* Office of Community Planning and Development (energy
conservation policy; demonstration and research programs;
technical assistance; assistance for community and neighborhood
development, economic development, public facilities,
residential and commercial rehabilitation and retrofit for
energy efficiency; comprehensive energy use strategies):
--Housing and Community Development Act of 1974. 42 U.S.C. 5301, et seq. (24 CFR Part 570).III. Land UseA. Land Use Planning, Regulation, and DevelopmentDepartment of Agriculture
* Agricultural Research Service (effects of agricultural
practices on resource quality and off-farm pollution).
* Agricultural Stabilization and Conservation Service (Federally
subsidized agricultural conservation and land use programs).
* Economic Research Service and Statistical Reporting
Service (data on natural resources: analysis of the economic
impacts of agriculturally related pollution and resource
degradation: interactions of environmental programs with other Federal farm policy objectives).
* Extension Service (rural and community development).
* Farmers Home Administration (farmland protection: rural
and community development):
--Farmland Protection Policy Act. Secretary's Memorandum 9500-2.
Statement on Land Use Policy (7 CFR Part 1940).
* Forest Service (effects of adjacent land uses on
National Forests and Grasslands):
--Coordination with other public planning efforts. (36 CFR Part 219.7).* Soil Conservation Service (land use data: soil and water
resource condition data and related natural resources data;
resource management technology and technical planning
assistance for watershed protection):
--Soil, water, and related resource data. 7 U.S.C. 1010a--Program for land conservation and utilization. 7 U.S.C. 1011(e).A 63 - Exhibit 01--Continued
List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of Commerce
* National Oceanic and Atmospheric Administration
(management and protection of coastal and marine resources).
Department of Defense
* Army Corps of Engineers (land use in flood plains and wetlands):
--For jurisdictional responsibilities see PART I.B.-- Water Quality.
* Department of the Air Force (land use around military airfields).
Department of Energy
* Office of Policy, Safety, and Environment (effects of
energy policies, programs, and projects on adjacent land uses).
Department of Housing and Urban Development
* Office of Community Planning and Development (land use
planning: environmental criteria and compatible uses near
hazards; noise abatement and mitigation measures);
--Assurances that HUD assisted projects are located in a safe
and healthful environment. 42 U.S.C. 1441, et seq.--Siting of HUD assisted projects near hazardous operations
handling explosive or flammable materials. (24 CFR Part 51.
Subpart C).
--Siting of HUD assisted projects in runway clear zones (civil
airports) and clear zones and accident potential zones
(military airfields). (24 CFR Part 51. Subpart D).
* Office of Interstate Land Sales (subdivided land sales):
--Subdivided land sales, registration, and disclosure
statement. 15 U.S.C. 1701 (24 CFR Part 1700, et seq.).Department of the Interior
* Fish and Wildlife Service (effects of land use on
endangered species and their critical habitats, other fish and
wildlife resources, and components of the National Wildlife
Refuge and National Fish Hatchery Systems):
--Approval of conversion of use for State lands acquired,
developed or improved with grants under the: (1) Pittman-
Robertson Act. (2) Dingell-Johnson Act. (3) Endangered Species
Act and/or (4) Anadromous
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesFish Conservation Act. For (1)-16 U.S.C. 669 (50 CFR Parts 80.4 and 80.14): for (2)-16 U.S.C. 777 (50 CFR Parts 80.4 and
80.14): for (3)-16 U.S.C. 1535: and for (4)-16 U.S.C. 757(a) and (b).
--Consultation regarding any Federal actions that may directly
or indirectly affect a designated coastal barrier. 16 U.S.C. 3501 (for advisory guidelines, see 46 FR 45664 of Oct. 6, 1963).
--Consultation concerning the protection of fish and wildlife refuges,
which may be impacted by transportation projects. 49 U.S.C. 303.--For jurisdictional responsibilities of the Fish and Wildlife
Service on Federal lands see PART III.B.--Federal Land Management.
* Geological Survey (land use planning; geologic and
hydrologic hazards; flood studies; geologic, topographic, land
use, and photographic mapping).
* Bureau of Indian Affairs (effects of land uses on Indian
lands):
--Approval of leases and permits on Indian lands. 25 U.S.C. 380, 393-395, 397, 402-403, 413, 415, 477 and 635 (25 CFR Part 162).
--Sale of Indian lands. 25 U.S.C. 293-294, 355, 372-73, 378-79, 385-386, 404-405, 463-464, 483 and 608 (25 CFR Parts 152
and 159-160).
--Rights-of-way over Indian lands. 25 U.S.C. 311-321 and 323-328 (25 CFR Part 169).
--Permits concessions and leases on lands withdrawn or acquired
in conjunction with Indian irrigation projects. 25 U.S.C. 390 (25 CFR Part 173).
--For jurisdictional responsibilities on Federal lands
administered by Bureau of Indian Affairs, see PART III.B--
Federal Land Management.
* Bureau of Land Management (effects of land uses on
public lands):
--For jurisdiction responsibilities on Federal lands
administered by the Bureau of Land Management, see PART III.B.-
-Federal Land Management.
* Bureau of Mines (mineral resources and land use).
* National Park Service (effects of land uses on National
Park System areas: National Trails System: Wild and Scenic
River System: park and recreation areas and values: and
historic, archeological and architectural sites):
--Approval of a conversion to a non-designated use for State
and local lands acquired or developed, in whole or in part,
with a Land and Water Conservation Fund Act grant. 16 U.S.C. 4601.--Assistance to State and local agencies, through an Urban Park
and Recreation Recovery Act grant, for the development and/or
improvement of park and recreation areas. 16 U.S.C. 2504 (36 CFR Part 69).
--Approval of a conversion to other than public recreation uses
for State and local areas developed or improved with an Urban
Park and recreation Recovery Act grant. 16 U.S.C. 2504 (36 CFR Part 69).
--Consultations regarding land uses and effects on rivers
established as units of the National Wild and Scenic Rivers
System and on those rivers designated for study as potential
additions to that System. 16 U.S.C. 1278, et seq.--Permits for use of National Historic and National Scenic trails
administered by the National Park Service. 16 U.S.C. 1246.--Approval of a conversion to a non-designated use for lands
deeded by the Federal government to State and local entities a
park demonstration areas, as recreation areas, as wildlife
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issuesconservation preserves and refuges and as historic monuments
and properties under: (1) Recreation Demonstration Act of 1942
and (2) Federal Property and Administrative Services Act of
1949. For (1)-16 U.S.C. 459 (r-t): for (2)-40 U.S.c. 484(k)(2) (41 CFR Part 101-47).
--Approval of a conversion to a non-designated use of abandoned
railroad rights-of-way acquired by State and local governments
under Section 809(b) of the Railroad Revitalization and
Regulatory Reform Act of 1976. 49 U.S.C. 1(a) (36 CFR Part 64).--Consultation concerning the protection of part, recreation,
and cultural resources which may be impacted by transportation
projects. 49 U.S.C. 303.--For other jurisdictional responsibilities of the National
Park Service, see PART III.B.--Federal Land Management.
* Bureau of Reclamation (effects of land use on Federal
water storage and distribution projects: planning for water
development projects: basin-wide water studies and land use
aspects of the National Water Summary):
--Sale of farm units on Federal irrigation projects. (Statutory
authority appears in individual project authorizations.)
--Administration of excess lands and residency requirements. 43 U.S.C. 371.
* Office of Surface Mining reclamation and Enforcement
(land use and surface coal mining and reclamation operations):
--For jurisdictional responsibilities of the Office of Surface
Mining, see PART II.C.--Coal.
Department of Transportation
Office of the Secretary (general effects of transportation projects on land use):
--Approval of transportation programs or projects that require
the use of or have significant impacts on park and recreation
areas, fish and wildlife refuges, and historic sites. 49 U.S.C. 303.
* Coast Guard (effects of bridges on land use):
--Permits for bridges and causeways over navigable waters. 33 U.S.C. 491, et seq.; 511, et seq.; 525, et seq.; and 535 (33
CFR Part 114 et seq.).
* Federal Aviation Administration (airport land use compatibility):
--Airport aid program. 49 U.S.C. 1711-1727 (14 CFR Part 152).--Acquisition of U.S. land for public airports. 49 U.S.C. 1723 (14 CFR Part 154).
--Notice of construction, alteration, activation, and deactivation
of airports. 49 U.S.C. 1350, 1354 and 1355 (14 CFR Part 157).--Objects affecting navigable airspace. 49 U.S.C. 1655 (14 CFR Part 77).--Release of airport property from surplus property disposal
restrictions. 49 U.S.C. 1101-1119 (14 CFR Part 155).* Federal Highway Administration (effects of highways on land use):
--Approval of highway projects and programs. 23 U.S.C. 101-156, generally, and 23 U.S.C. 201-219.
63 - Exhibit 01--Continued
List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Consultations, in cooperation with the Urban Mass Transportation
Administration, with State and local officials concerning urban
transportation related systems. 23 U.S.C. 105(d) and 134(a); 49 U.S.C. 1804(g) (23 CFR Part 450).
--Regulation of highway-related land use. For highway beautification--23 U.S.C. 131 (23 CFR Part 750); for junkyard
control and acquisition--23 U.S.C. 136 (23 CFR Part 751); for
landscape and roadside development--23 U.S.C. 131 and 319 (23
CFR Part 752); for protection of parklands, recreation areas,
wildlife refuges, and historic sites--23 U.S.C. 138 (23 CFR
Part 771).
* Urban Mass Transportation Administration (effects of
urban transportation systems on land use);
--Consultation, in cooperation with the Federal Highway
Administration, with State and local officials concerning urban
transportation related systems. 23 U.S.C. 105(d) and 134(a): 49 U.S.C. 1804(g) (49 CFR Part 613).
--Approval for substituting mass transit or other transit projects
in lieu of an interstate highway project. 23 U.S.C. 103(e)(4). Advisory Council on Historic Preservation (effects of land use planning on historic properties).
Environmental Protection Agency (effects of land use on pollution control and environmental quality):
--For jurisdictional responsibilities see PART I.A.--Air Quality,
PART I.B.--Water Quality and PART I.C.--Waste Disposal on Land.
Federal Emergency Management Agency (national flood insurance program; disaster relief assistance; mitigation of natural hazard).
Federal Energy Regulatory Commission (effects of power projects on land use):
--Regulation of development of water resources. 16 U.S.C. 791-825(r) (18 CFR Parts 4-25, 36, 131 and 141).
International Boundary and Water Commission, United States Section (land use along international boundary with Mexico).
Interstate Commerce Commission (land use and interstate commerce):--Approval of Public Convenience and Necessity Certificate for
new railroad lines. 49 U.S.C. 10901. National Aeronautics and Space Administration (remote sensing of land use and land cover).
National Capital Planning Commission (land use in the National Capital Region):
--Approval of land-use plans and construction in National
Capital Region. 40 U.S.C. 74a (DC Code 9-404, DC Code 8-102); 40 U.S.C. 122 (DC Code 8-111, DC Code 5-432).
Tennessee Valley Authority (land use planning on public lands in Tennessee Valley region; assistance to local planning
organizations).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesB. Federal Land ManagementDepartment of Agriculture
* Forest Service (National Forests and Grasslands
management, including fire management):
--National Forest System Management Planning. 16 U.S.C. 1604 and 1613 (36 CFR Part 219).
--Special use permits, archeological permits, leases and
easements. 16 U.S.C. 497 and 580(d); 43 U.S.C. 1761 and 48 U.S.C. 341 (36 CFR Parts 251 and 261).
--Easement and road rights-of-way on National Forests and other
lands. 16 U.S.C. 533 (36 CFR Part 212.10).--Permits for commercial use of existing roads. 16 U.S.C. 537 (36 CFR Part 212).
--Bankhead-Jones Farm Tenant Act, Title III permits on National
Grasslands. 7 U.S.C. 1010-12 (36 CFR Part 213.3).Department of Commerce
* National Oceanic and Atmospheric Administration (consistency
of Federal and uses with coastal zone management programs).
Department of Defense (overall management of Department of
Defense lands).
* Department of the Army (management of Army lands):
--Permits and leases for use of Army reservations.
--Permits and leases for use and occupancy of lands at water
development projects of the Corps of Engineers.
* Department of the Air Force (management of Air Force lands):
--Permits and leases for use of Air Force reservations.
* Department of the Navy (management of Navy and Marine
Corps lands):
--Permits and leases for uses of naval reservations.
Department of the Interior
* Fish and Wildlife Service (effects of Federal land
management on endangered species and their critical habitats
and other fish and wildlife resources, management of National
Wildlife Refuge and National Fish Hatchery System areas):
--Easements/permits for right-of-way across National Wildlife
Refuge and National Fish Hatchery System land. For refuges--16 U.S.C. 668dd. et seq.; for hatcheries--43 U.S.C. 931 c and d
(50 CFR Parts 25.41 and 29.21).
--Permits for rights-of-way across National Wildlife Monuments
(Alaska only). 16 U.S.C. 432, 460k-3 and 742(f) (50 CFR Part 96).--Permits for off-road vehicular use on National Wildlife
Refuge System areas. E.O.11644 (50 CFR Part 26.34). 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Consultation concerning the protection of fish and wildlife refuges
which may be impacted by transportation projects. 49 U.S.C. 303.* Geological Survey (Federal land mineral resource
potential; Wilderness reviews, land-use planning; geologic and
hydrologic hazards; flood studies; geologic, topographic, land
use, and photographic mapping).
* Bureau of Indian Affairs (effects of Federal land management
on Indian lands; management of Bureau of Indian Affairs lands):
--Sale of Federal land purchased for Indian administrative
uses. 25 U.S.C. 293.--Rights-of-way over Federal lands under BIA jurisdiction. 25 U.S.C. 323-328 (25 CFR Part 160).
--Leases for mining, oil and gas, coal, farming and other uses
on Federal lands under BIA jurisdiction. 5 U.S.C. 301 and 25 U.S.C. 393, et seq. (25 CFR Part 162).
--For the trust responsibilities of the Bureau of Indian Affairs
for Indian lands, see PART III.A--Land Use Planning, etc.
* Bureau of Land Management (management of Federal lands):
--Easements/permits for rights-of-way. 43 U.S.C. 9 and 1701, et seq. (43 CFR Parts 280-2900).
--Special land-use permits for habitation, occupation and other
purposes. 43 U.S.C. 1732(b) (43 CFR Part 2920).--Conditions and standards for off-road vehicle use on BLM
lands. 43 U.S.C. 1201; E.O. 11644 (43 CFR Part 8340).--Permits for off-road vehicular use special events, i.e.,
tours and competitions. 43 U.S.C. 1701, et seq., and 16 U.S.C. 460(1-6a) (43 CFR Part 8372).
--Exchange of Federal lands for other property. 43 U.S.C. 1716 (43 CFR Parts 2200-2270).
--Leases/transfers of public lands for a public airport. 43 U.S.C. 1201 and 49 U.S.C. 1115 (43 CFR Part 2640).
--Sales/leases of Federal land to State and local agencies and
non-profit groups for recreational and public purposes. 43 U.S.C. 809, et seq., for sales--43 CRF Part 2740; for leases--
43 CFR Part 2912).
--Permits for commercial recreational use of public lands. 43 U.S.C. 1701, et seq. (43 CFR Part 8370).* Bureau of Mines (mineral land assessment).
* National Park Service (management of National Park
System areas; units of the National Wild and Scenic Rivers
System; National Trails System):
--Permits, leases, and easements of rights-of-way and other
uses of National Park System areas. 16 U.S.C. 1, et seq. (36
CFR Parts 9 and 14).
--Permits for commercial operations on National Park System
areas. 16 U.S.C. 1, et seq. (36 CFR Parts 7.14, 50 and 51).
--Permits for off-road vehicular use in National Park System
areas. E.O. 11644 (36 CFR Part 7).--Consultations regarding use of and effect on rivers
established as units of the National Wild and Scenic Rivers
System and on those rivers designated for study as potential
additions to that System. 16 U.S.C. 1278, et seq. 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Permits for use of National Historic and National Scenic
Trails administered by the National Park Service. 16 U.S.C. 1246.--Consultation concerning the protection of park, recreation,
and cultural resources which may be impacted by transportation
projects. 49 U.S.C. 303.* Bureau of Reclamation (management of public water
storage and delivery projects and recreational developments;
irrigation; and impacts of Federal land management of State
water planning):
--Sale or lease of project lands to a governmental entity or a
non-profit group for recreational or other public purposes. 43 U.S.C. 869.
--Lease of project lands for commercial recreational
developments. 43 U.S.C. 391, et seq.Department of Transportation
* Office of the Secretary (effects of transportation
projects on Federal land):
--Approval of transportation programs and projects which are a
publicly owned park and recreation area, wildlife or waterfowl
refuge, or any historic site. 49 U.S.C. 303.* Federal Highway Administration (construction and
management of Federal Lands Highways, including forest highways
and National Park Service roads and parkways):
--Federal Lands Highways Program. 23 U.S.C. 204 (23 CFR Parts 660 and 667).
Advisory Council on Historic Preservation (effects of Federal land management on historic properties).
Environmental Protection Agency (effects of Federal land management on pollution control and environmental quality;
pesticide use and integrated pest management on public lands):
--Underground injection control permits on Indian lands. 42 U.S.C. 300(f), et seq.
--Air emissions from Federal facilities. 42 U.S.C. 7418.--Wastewater discharges from Federal facilities. 33 U.S.C. 1323.--Solid wastes and hazardous wastes from Federal facilities. 42 U.S.C. 6961.
--Pesticide use of public lands. 7 U.S.C. 136.--For other jurisdictional responsibilities, see PART I.--
POLLUTION CONTROL.
Federal Emergency Management Agency (effects of the National Flood Insurance Program and disaster relief assistance
on Federal land management).
General Services Administration
* Public Buildings Service (management of Public
buildings and property).
* Federal Property Resources Service (public land disposal).
63 - Exhibit 01--Continued
List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues National Aeronautics and Space Administration (advanced technology for remote sensing of land use and land cover).
Tennessee Valley Authority (TVA reservoir property, secondary use of reservoir property, and reservation planning).
C. Coastal AreasDepartment of Agriculture
* Farmers Home Administration (housing, community, and
business loan programs; and farmer load programs in coastal areas).
* Forest Service (National Forests in coastal areas).
--Consultations regarding uses and effects on rivers
established as units of the National Wild and Scenic Rivers
System and on those rivers designated for study as potential
additions to that System. 16 U.S.C. 1278, et seq.* Soil Conservation Service (coastal soil stabilization).
Department of Commerce
* National Oceanic and Atmospheric Administration
(coastal and marine resources and protection):
--Permits for activities in designated marine sanctuaries. 16 U.S.C. 143, et seq. (15 CFR Part 922).--Approval and funding of State coastal management programs. 16 U.S.C. 1451, et seq. (15 CFR Parts 923 and 930).--Establishment of estuarine sanctuaries. 16 U.S.C. 1461 (15 CFR Part 921).
--Determinations to insure Federal development projects and
federally permitted or funded projects are consistent with an
approved State coastal zone management plan. 16 U.S.C. 1451 (15 CFR Part 930).
--Grants and loans under Coastal Energy Impact Program. 16 U.S.C. 1456(a) (15 CFR Part 931).
Department of Defense
* Army Corps of Engineers (beach erosion and
stabilization: dredge and fill permits; ocean dumping; Refuse
Act permits):
--For jurisdictional responsibilities, see PART I.B.--Water Quality.
Department of Energy
* Office of Policy, Safety, and Environment (effects of
energy policies, programs and projects on coastal areas).
Department of Housing and Urban Development
* Office of Housing and Office of Community Planning and
Development (development in coastal areas; consistency with
coastal zone management plans; consistency with Coastal Barrier
Resources Act).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of the Interior
* Fish and Wildlife Service (effects of coastal land uses
on endangered species and their critical habitats, National
Wildlife Refuge and National Fish Hatchery System areas, and
other fish and wildlife resources):
--Consultation regarding any Federal actions that may directly
or indirectly affect a designated coastal barrier. 16 U.S.C. 3501. (For advisory guidelines, see 48 FR 45664 of Oct. 6, 1983).--Consultation regarding Federal projects that may affect an
estuarine area 15 U.S.C. 1224.
--Consultation regarding Federal or Federally permitted
projects that affect fish and wildlife resources under the Fish
and Wildlife Coordination Act. 16 U.S.C. 661, et seq.--U.S. Fish and Wildlife Service Mitigation Policy. 16 U.S.C. 661, et seq.; 742(a)-754 and 1001-1009 (46 FR 7644 of Jan. 23, 1981).
* Geological Survey (land use planning; geologic and
hydrologic hazards; geologic, topographic, land use, and
photographic mapping, including areas of the outer continental
shelf and Exclusive Economic Zone).
* Bureau of Indian Affairs (Indian lands in coastal areas).
* Bureau of Land Management (public land management in
coastal areas).
* Minerals Management Service (coastal zone planning and
management; outer continental shelf lands):
--Oil, gas, and sulphur exploration, development and production
on the outer continental shelf. (30 CFR Part 250.34).* National Park Service (effects of coastal land use on
National Park System areas, park and recreation areas, and
historical, archeological and architectural sites; barrier
island ecology and coastal processes):
--Identification and listing on the National Registry of
Natural Landmarks of nationally significant natural areas in
the United States. 16 U.S.C. 461 (36 CFR Part 62).--Consultations regarding use of and effects on rivers
established as units of the National Wild and Scenic Rivers
System and on those rivers designated for study as potential
additions to that System. 16 U.S.C. 1278, et seq.* Bureau of Reclamation (water development projects in
coastal areas, effects of water developments and irrigation on
estuarine areas).
Department of Transportation
* Coast Guard (bridges, pipelines and transmission lines
crossing navigable waters; navigation and deep water ports):
--Permits for bridges and causeways over navigable waters. 33 U.S.C. 491, et seq.; 511, et seq,; 525, et seq., and 535 (33
CFR Part 114, et seq.).
--Permits for waterfront facilities. 33 U.S.C. 1221, et seq.
(33 CFR Parts 125 and 126).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Deepwater port regulation and licensing. 33 U.S.C. 1503-1524 (33 CFR Parts 148-150).
* Maritime Administration (coastal land use in relation to ports).
Advisory Council on Historic Preservation (effects of coastal land uses on historic properties).
Environmental Protection Agency (effects of coastal land uses on pollution control and environmental quality):
--For jurisdictional responsibilities see PART I.B.--Water Quality.
Federal Emergency Management Agency (National Flood Insurance Program; floodplain management; uses on sand dunes, mangrove forests
and barrier islands; disaster relief assistance).
Federal Energy Regulatory Commission (effects of natural gas transportation, storage, and sale on coastal areas).
Marine Mammal Commission (conservation and protection of marine mammals and their habitat in coastal areas):
--Conservation and oversight responsibility for activities affecting
marine mammals. 16 U.S.C. 1402. National Aeronautics and Space Administration (advanced technology for remote sensing of land use and land cover).
D. Environmentally Sensitive Areas (Wilderness Areas, Wild and Scenic Rivers, Floodplains (see Executive Order 11986),
Wetlands (See Executive Order 11980), Barrier Islands, Beaches
and Dunes, Unstable Soils, Steep Slopes, Aquifer Recharge
Areas, Tundra, etc.)
Department of Agriculture
* Agricultural Research Service (research activities to
conserve and assist environmentally sensitive areas).
* Agricultural Stabilization and Conservation Service
(commodity and land use programs; Water Bank).
* Farmers Home Administration (housing, community, and business
loan programs: farmer loan programs in environmentally sensitive areas).
* Forest Service (management of environmentally sensitive
areas on National Forest and Grassland System lands, including fire
management):
--Permits for use of wilderness areas. 16 U.S.C. 472 and 551 (36 CFR Part 293).
--Consultations regarding use of and effects on rivers
established as units of the National Wild and Scenic Rivers
System and on those rivers designated for study as potential
additions to that System. 16 U.S.C. 1278, et seq.* Soil Conservation Service (conservation and protection
of environmentally sensitive areas in rural regions).
Department of Commerce
* National Oceanic and Atmospheric Administration (management
and protection of environmentally sensitive coastal and marine areas):
--Consultations concerning the protection of threatened and endangered
marine species and their critical habitats. 16 U.S.C. 1531, et seq. (50 CFR Part 222).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Permits for activities in designated marine sanctuaries. 16 U.S.C. 1431, et seq. (15 CFR Part 922).--Establishment of estuarine sanctuaries. 16 U.S.C. 1461 (15 CFR Part 921).
--Habitat Conservation Policy (48 FR 53132 of Nov. 15, 1983).
Department of Defense
* Army Corps of Engineers (protection of beaches,
wetlands, floodplains, barrier islands):
--For jurisdictional responsibilities see PART I.B.--Water
Quality.
Department of Health and Human Services
* Public Health Service: Center for Disease Control (environmen-
tally sensitive areas in relation to human health issues).
Department of Housing and Urban Development
* Office of Community Planning and Development
(locational criteria for floodplain and wetland development;
sole source aquifer and critical habitat; development affecting
endangered species and their critical habitats).
* Office of Housing (developable slope and soils criteria).
Department of the Interior
* Fish and Wildlife Service (protection of endangered
species and their critical habitats; conservation of
environmentally sensitive areas in National Wildlife Refuges
and National Fish Hatcheries):
-Consultations regarding any Federal actions that may directly
or indirectly affect a designated coastal barrier. 16 U.S.C. 3501 (for advisory guidelines, see 48 FR 45664 of Oct. 6, 1963).
--Consultations concerning the protection of endangered species
and their critical habitats. 16 U.S.C. 1531-1543 (50 CFR Part 402).--Determination of critical habitats for endangered and threatened
species of fish and wildlife and plants. 16 U.S.C. 1533 (50 CFR Parts 17, 402 and 424).
* Geological Survey (geologic and hydrologic assessments
of sensitive areas, including energy and mineral resources in
wilderness areas; earthquake, volcanic and other natural hazards).
* Bureau of Indian Affairs (environmentally sensitive
areas on Indian lands).
* Bureau of Land Management (environmentally sensitive
areas on public lands; management of special areas):
--Leases, permits and licenses for mining in Wild and Scenic
Rivers System areas. 16 U.S.C. 1280 (each area has special Federal Regulations).
--Approval of plan of operations for a mining lease in a
wilderness study area. 43 U.S.C. 1701, et seq., and 1782; 12 U.S.C. 1201, et seq. (43 CFR Part 3802). 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Permits for use of designated "special area" as defined in 43
CFR Part 8372.0-5(g). 43 U.S.C. 1701, et seq.; 16 U.S.C. 460 (1-6a) and 670(g-n) (43 CFR Part 8370, et seq.).
--Restrictions on use of "outstanding natural areas" and
"primitive areas". 43 U.S.C. 1701, et seq. (43 CFR Subpart 8352).
* National Park Service (historical and recreation
values; Wild and Scenic Rivers System; National Trails System;
National Park System areas):
--Identification and listing on the National Registry of
Natural Landmarks of nationally significant natural areas in
the United States. 16 U.S.C. 461 (36 CFR Part 62).--Leases, permits, and licenses for mining on National Park
System lands involved in Wild and Scenic Rivers System. 16 U.S.C. 1280.
--Consultations regarding use of and effect on rivers
established as units of the National Wild and Scenic Rivers
System and on those rivers designated for study as potential
additions to that System. 16 U.S.C. 1278, et seq.--Permits for use of National Historic and National Scenic
Trails administered by the National Park Service. 16 U.S.C. 1246.* Bureau of Reclamation (water resource planning and
water storage and delivery projects in environmentally
sensitive areas; National Water Summary).
* Office of Surface Mining Reclamation and Enforcement
(surface coal mining and reclamation operations in
environmentally sensitive areas):
--Identification of lands considered unsuitable for all or
certain stipulated methods of coal mining involving surface
coal mining operations. 30 U.S.C. 1272(e) (30 CFR Chapter 7, Subchapter F).
--Protection of prime farmlands during surface coal mining and
reclamation operations. 30 U.S.C. 1265 (30 CFR Parts 785.17 and 823).Department of Transportation
* Office of Secretary (effects of all types of
transportation projects on environmentally sensitive areas).
* Coast Guard (port facilities and bridges in
environmentally sensitive areas):
--Establishment of port access routes in environmentally
sensitive areas. 33 U.S.C. 1221.* Federal Highway Administration (highways in
environmentally sensitive areas):
--Mitigation of impacts to privately owned wetlands. 23 U.S.C. 109; Executive Order 11990 (23 CFR Part 777).
Advisory Council on Historic Preservation (effects of activities in sensitive areas on historic properties).
Environmental Protection Agency (pollution control and environmental effects on wetlands, floodplains, prime
agricultural lands, and other environmentally sensitive areas):
--For jurisdictional responsibilities, see PART I.A--Air Quality,
PART I.B.--Water Quality and PART I.C.--Waste Disposal on Land.
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues Federal Emergency Management Agency (National Flood Insurance Program; floodplain management; uses on sand dunes,
mangrove forests, and barrier islands; disaster relief
assistance).
National Science Foundation (conservation of Antarctic animals, plants, and ecosystems):
--Permits for the taking or collecting of Antarctic animals and
plants, and for entry into certain designated areas. 16 U.S.C. 2401, et seq. (45 CFR Part 670). Tennessee Valley Authority (Protection and management of environmentally sensitive areas in the Tennessee Valley region).
E. Outdoor RecreationDepartment of Agriculture
* Forest Service (recreation in National Forests and Grasslands):
--Use of recreation areas. (36 CFR Parts 291), 292 and 294).--Permits for use of wilderness areas. 16 U.S.C. 472 and 551 (36 CFR Part 293).
--Conditions and requirements for use of National Forest road
and trail system. 16 U.S.C. 537 (36 CFR Part 212).--Permits for use of National Scenic Trails administered by
Forest Service. 16 U.S.C. 1246.--Permits for hunting and fishing in fish and wildlife refuge
lands. 16 U.S.C. 551 and 683.--Conditions and standards for off-road vehicle use on National
Forest System lands. 16 U.S.C. 551; E.O. 11644 (36 CFR Part 295).--Consultations regarding use of and effects on rivers
established as units of the National Wild and Scenic Rivers
System and on those rivers designated for study as potential
additions to that system. 16 U.S.C. 1278, et seq.* Soil Conservation Service (recreation and watershed
protection; planning assistance to private landowners):
--Assistance to State and local sponsors, through a Small
Watershed Program grant, for reservoir and stream modification
projects including development of basic public recreation
facilities. 16 U.S.C. 1001, et seq. and 33 U.S.C. 701-1.Department of Commerce
* National Oceanic and Atmospheric Administration (marine
recreational fishing; coastal access planning in State coastal
zone management programs).
Department of Defense
* Army Corps of Engineers (recreational areas on Corps
project lands):
--Permits for activities and developments on water resources
development projects. 16 U.S.C. 480(d) (36 CFR Parts 313 and 327). 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of Health and Human Services
* Public Health Service: Center for Disease Control (outdoor
recreation and health).
Department of Housing and Urban Development
* Office of Community Planning and Development (outdoor
recreation in urban areas):
--Approval of a conversion to a non-designated use for State
and local lands acquired or developed, in whole or in part,
with an Open Space Land Program grant. 42 U.S.C. 1500-1500e.Department of the Interior
* Fish and Wildlife Service (effects of recreation on
endangered species and their critical habitats, and other fish
and wildlife resources; recreation on National Wildlife Refuge
and National Fish Hatchery System lands):
--Permits for special uses including concessions and other
recreational facilities on National Wildlife Refuge System
lands. 16 U.S.C. 668dd, et seq. (50 CFR Part 25.4, et seq.).
--Permits for off-road vehicular use on National Wildlife
Refuge System lands, E.O. 11644 (50 CFR Part 26.34).
--Consultation concerning the protection of fish and wildlife
refuges which may be impacted by transportation projects. 49 U.S.C. 303.
* Geological Survey (effects of water quality and erosion
on recreation).
* Bureau of Indian Affairs (outdoor recreation on Indian lands).
* Bureau of Land Management (outdoor recreation on public
lands generally, including ORV use and river management):
--Leases and sale of Federal land to State and local agencies
and non-profit groups for recreational and public purposes. 43 U.S.C. 869, et seq. (For sales--43 CFR Part 2740; for leases--43 CFR Part 2912).
--Conditions and standards for off-road vehicle use on BLM
lands. 43 U.S.C. 1201; E.O. 11644 (43 CFR Part 8340).--Permits for off-road vehicular use special events, i.e.,
tours and competitions. 43 U.S.C. 1701, et seq., and 16 U.S.C. 460 (1-6a) (43 CFR Part 8372).
--Permits for use of a national trail, developed facility and a
designated "special area" as defined in 43 CFR Part 8372.0-
5(g). 43 U.S.C. 1701, et seq.; 16 U.S.C. 460 (1-6a) and 670 (g-n) (43 CFR Part 8370).
--Permits for commercial recreation use of public lands. 43 U.S.C. 1701, et seq. (43 CFR Part 8370).
* National Park Service (outdoor recreation, urban parks,
Wild and Scenic Rivers System, National Trails System;
recreation in National Park System areas):
--Assistance to State and local agencies, through Land and
Water Conservation Fund Act grants, for the acquisition and/or
development of park and recreation areas and/or facilities. 16 U.S.C. 4601
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Approval of a conversion to a non-designated use for State
and local lands acquired or developed, in whole or in part,
with a Land and Water Conservation Fund Act grant. 16 U.S.C. 4601.--Assistance to State and local agencies, through Urban Park and
Recreation Recovery Act grants, for the development and/or improve-
ment of park and recreation areas. 16 U.S.C. 2504 (36 CFR Part 1228).--Approval of a conversion to other than public recreation uses
for State and local areas developed or improved with an Urban Park
and Recreation Recovery Act grant. 16 U.S.C. 2504 (36 CFR Part 69).--Consultations regarding use of and effects of rivers
established as units of the National Wild and Scenic Rivers
System and on those rivers designated for study as potential
additions to that System. 16 U.S.C. 1278, et seq.--Permits for use of National Historic and National Scenic
Trails administered by the National Park Service. 16 U.S.C. 1246.--Approval of a conversion to a non-designated use for lands
deeded by the Federal government to State and local entities as
park demonstration areas, recreation areas, wildlife
conservation preserves and refuges and as historic monuments
and properties under the (1) Recreation Demonstration Act of
1942 and (2) Federal Property and Administrative Services Act
of 1949. For (1)--16 U.S.C. 459 r-t; for (2)--40 U.S.C. 484(k)(2) (41 CFR Part 101-47).
--Approval of a conversion to a non-designated use of abandoned
railroad rights-of way acquired by State and local governments
under Section 809(b) of the Railroad Revitalization and
Regulatory Reform Act of 1976. 49 U.S.C. 1a (36 CFR Part 64).--Consultation concerning the protection of park, recreation,
and cultural resources which may be impacted by transportation
projects. 49 U.S.C. 303.--Consultations about extent to which proposed recreational
developments at hydroelectric projects conform to and are in
accord with the Statewide Comprehensive Outdoor Recreation
Plans. 16 U.S.C. 480.--Permits for off-road vehicle use on National Park System
lands. 16 U.S.C. 1, et seq.; E.O. 11644 (36 CFR Part 7).* Bureau of Reclamation (recreation on water storage and
delivery projects):
--Sale or lease or project lands to a governmental entity or a
non-profit group for recreational purposes. 43 U.S.C. 869.--Lease of project lands for commercial recreational
developments. 43 U.S.C. 391, et. seq.--Permits for organized off-road vehicular events. (43 CFR Part 420.24).
* Office of Surface Mining Reclamation and Enforcement
(use of abandoned mined lands for recreational purposes):
--Identification of park and recreation lands considered
unsuitable for surface coal mining operations. 30 U.S.C. 1272(e) (30 CFR Chapter 7, Subchapter F).
63 - Exhibit 01--Continued
List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of Transportation
* Office of the Secretary (general effects of
transportation projects on parks and recreation areas):
--Approval of transportation programs or projects that require
the use of or have significant impact on park and recreation
areas. 49 U.S.C. 303.* Coast Guard (recreational boating):
--Recreational boating regulations and permits. 46 U.S.C. 1451 (33 CFR Part 173, et seq.).
* Federal Highway Administration (effects of highways on
parks and recreation areas):
--Special protection considerations for public park and recreation
areas. 23 U.S.C. 138 and 49 U.S.C. 303 (23 CFR Part 771).--Access highways to public recreation areas on lakes. 23 U.S.C. 155.
Advisory Council on Historic Preservation (effects of recreational activities and development on historic properties).
Environmental Protection Agency (pollution control and environmental quality in relation to outdoor recreation):
--For jurisdictional responsibilities, see PART I--POLLUTION CONTROL.
National Capital Planning Commission (recreation in the Washington, D.C. area):
--Approval of land use plans and construction in the National
Capital Region. 40 U.S.C. 74a (D.C. Code 9-404, D.C.Code 8-102); 40 U.S.C. 122 (D.C. Code 8-11, D.C. Code 5-432).
Tennessee Valley Authority (recreation on public lands and waters in Tennessee Valley Region).
F. Community DevelopmentDepartment of Agriculture
* Agricultural Stabilization and Conservation Service
(rural development and farm programs).
* Extension Service (rural and community development programs).
* Farmers Home Administration (rural and community
development programs).
* Forest Service (programs to assist in coordinating
development of communities in and adjacent to National Forest
System areas; urban forestry).
* Soil Conservation Service (soil and related resource
surveys; land conservation and utilization):
-Soil, water, and related resource data. 7 U.S.C. 1010a.--Program for land conservation and utilization. 7 U.S.C. 1011(e).Department of Commerce
* Economic Development Administration (community
development programs in designated areas).
* National Oceanic and Atmospheric Administration (energy
development impacts on communities):
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Approval and funding of State coastal zone management
programs. 16 U.S.C. 1451, et seq. (15 CFR Parts 130 and 923).
Department of Health and Human Services
* Center for Disease Control (community health issues).
* Office of Human Development Services (problems of
handicapped, aged, children and Native Americans).
Department of Housing and Urban Development
* Office of Community Planning and Development (community
development; effects on low income populations; economic
revitalization in distressed areas; density and congestion
mitigation; rehabilitation and urban homesteading):
--Assurances that HUD assisted projects are located in a safe
and healthful environment. 42 U.S.C. 1441, et seq.--Housing and Community Development Act of 1974. 42 U.S.C. 5301, et seq. (24 CFR Part 570).--Approval of a conversion to a non-designated use for State
and local lands acquired or developed, in whole or in part,
with an Open Space Land Program grant. 42 U.S.C. 1500-1500e.Department of the Interior
* Fish and Wildlife Service (effects of community
developments on endangered agencies and their critical
habitats, other fish and wildlife resources, and National
Wildlife Refuge and National Fish Hatchery System areas).
* Geological Survey (effects of development on water
resources and erosion; geologic and hydrologic hazards,
including floods, subsidence, sink holes, landslides and
earthquakes).
* Bureau of Indian Affairs (community development for
Indian peoples and on Indian lands).
* Bureau of Land Management (community developments on
public lands):
--Leases and sale of Federal land to State and local agencies
and non-profit groups for recreational and public purposes. 43 U.S.C. 869, et seq. (For sales--43 CFR Part 2740, for leases--43 CFR Part 2912).
--Leases/transfers of public lands for a public airport. 49 U.S.C. 1115 (43 CFR Part 2640).
--Exchange of Federal lands for other property. 43 U.S.C. 1716 (43 CFR Part 2200-2270).
* National Park Service (effects of community
developments on natural and historic landmarks, archeological
remains, outdoor recreation, urban parks, historic
preservation, and National Park System areas):
--Approval of a conversion to a non-designated use for State
and local lands acquired or developed, in whole or in part,
with a Land and Water Conservation Fund Act grant. 16 U.S.C. 4601. 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Approval of a conversion to other than a public recreation
use for State and local areas developed or improved with an
Urban Park and Recreation Recovery Act grant. 16 U.S.C. 2504 (36 CFR Part 69).
--Approval of a conversion to a non-designated use for lands
deeded by the Federal government to State and local entities as
park demonstration areas, recreation areas, wildlife
conservation preserves and refuges and as historic monuments
and properties under the (1) Recreation Demonstration Act of
1942 and (2) Federal Property and Administrative Services Act
of 1949. For (1)--16 U.S.C. 459 r-t; for (2)--40 U.S.C. 484(k)(2) (41 CFR Part 101-47).
--Approval of a conversion to a non-designated use of abandoned
railroad right-of-way acquired by State and local governments
under Section 809(b) of the Railroad Revitalization and
Regulatory Reform Act of 1976. 49 U.S.C. 1a (38 FR Part 64).--Assistance for the acquisition, rehabilitation, restoration
and reconstruction of historic properties. 16 U.S.C. 470, et seq. (36 CFR Parts 60.3 and 68).* Bureau of Reclamation (water storage, delivery, and
irrigation systems for community development purposes):
--Sales of farm units on Federal irrigation projects (Statutory
jurisdiction appears in individual project authorizations).
--Sale or lease of project lands to a governmental entity or
nonprofit group for recreational or other public purposes. 43 U.S.C. 869.
* Office of Surface Mining Reclamation and Enforcement
(effects of surface mining and reclamation operations on
community development).
Department of Transportation
* Federal Aviation Administration (effects of airport
development and use on communities):
--Approval of an airport noise compatibility program. 49 U.S.C. 2101, et seq. (14 CFR Part 150).* Federal Highway Administration (effects of highways on
communities):
--Relocation assistance in connection with highway projects. 42 U.S.C. 4601 et seq. (23 CFR Part 740 and 49 CFR Part 25).
--Grants for economic growth center development highways. 23 U.S.C. 143.* Urban Mass Transportation Administration (effects of
urban transportation systems on communities):
--Grants for Urban Mass Transportation Act projects. 49 U.S.C. 1610, et seq.
ACTION (effects of community development on low income populations). Advisory Council on Historic Preservation (effects of community development on historic properties).
Environmental Protection Agency (air, noise, and water pollution control relating to community development):
--For jurisdictional responsibilities, see PART I.--POLLUTION CONTROL.
Federal Emergency Management Agency (National Flood Insurance Program; disaster relief assistance; mitigation of natural hazards).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesGeneral Services Administration
* Public Building Service (building design, construction, and use).
Interstate Commerce Commission (effects of rail line construction and abandonment on community development).
National Capital Planning Commission (community developments in the Washington, D.C. area):
--Approval of land use plans and construction in the National
Capital Region. 40 U.S.C. 74a (D.C. Code 9-404, D.C. Code 8-102); 40 U.S.C. 122 (D.C. Code 8-111. D.C. Code 5-432). National Endowment for the Arts (effects of development on artistic values).
G. Historic, Architectural, and Archeological ResourcesDepartment of Agriculture
* Office of the Secretary (protection of archeological resources):
--Permits and procedures for the recovery and preservation of
archeological resources on Department of Agriculture lands. 16 U.S.C. 470 aa-ll (36 CFR Part 296).
* Agricultural Stabilization and Conservation Service
(effects on historic and archeological resources from agriculture).
* Farmers Home Administration (effects of housing, community, and
business programs, and farmer programs on cultural resources).
* Forest Service (protection of historic and
archeological resources in National Forests and Grasslands):
--Special-use permits, archeological permits, leases and
easements. 16 U.S.C. 497 and 580(d); 43 U.S.C. 1761; 48 U.S.C. 341 (36 CFR Parts 251 and 261).
* Soil Conservation Service (effects of agriculture on
cultural resources).
Department of Commerce
* National Oceanic and Atmospheric Administration (areas
for preservation and restoration under State coastal zone
management programs):
--National Marine Sanctuaries. 16 U.S.C. 1431 (15 CFR Part 922).--National Estuarine Sanctuaries. 16 U.S.C. 1461 (15 CFR Part 921).Department of Defense
* Office of the Secretary (protection on archeological resources):
--Permits/procedures for recovery and preservation of archeological
resources on Department of Defense lands. 16 U.S.C. 470 aa-ll (32 CFR Part 229).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of Housing and Urban Development
* Office of Community Planning and Development (protection
of historic and architectural resources in developed areas):
--Housing and Community Development Act of 1974. 42 U.S.C. 5304(f) (24 CFR Part 56).
Department of the Interior
* Fish and Wildlife Service (cultural resource management
on National Wildlife Refuge and National Fish Hatchery System
lands, and effects of cultural resource management on
endangered species and critical habitats):
--Special use permit for antiquities search and collection
activities--in addition to an antiquity permit. 16 U.S.C. 668(dd), et seq. (50 CFR Part 25.41); also see 16 U.S.C. 470 aa-ll (43 CFR Part 7).
* Geological Survey (paleontological resources in general).
* Bureau of Indian Affairs (protection of historic and
archeological resources on Indian and Native American lands):
--Concurrence for issuance and supervision of antiquity permits
on Indian lands. 16 U.S.C. 432 (25 CFR Part 261); also see 16 U.S.C. 470 aa-ll (43 CFR Part 7).
--Protection of access to sacred sites, use and possession of
sacred objects and other rights of the American Indian, Eskimo,
Aleut. and Native Hawaiian. 42 U.S.C. 1996.* Bureau of Land Management (cultural resource management
on public lands):
--Concurrence for issuance and supervision of antiquity
permits. 16 U.S.C. 432 (43 CFR Part 3): also see 16 U.S.c. 470 aa-ll (43 CFR Part 7).
* Minerals Management Service (protection of cultural
resources on outer continental shelf lands):
--Outer Continental Shelf Lands Act. 43 U.S.C. 1331 (30 CFR Parts 250 and 251).
* National Park Service (protection of historic,
archeological, architectural and paleontological properties;
cultural resource management on National Park system lands):
--Nominations to and determinations of eligibility of
properties for inclusion in the National Register of Historic
Places. 16 U.S.C. 470, et seq. (36 CFR Part 60 and 63).--Approval of procedures in State and local government historic
preservation programs. 16 U.S.C. 470, et seq. (36 CFR Part 61).
--National Historic Landmarks Program--nominations and
designations. 16 U.S.C. 461, et seq. (36 CFR Part 65).
--Historic Preservation Certifications pursuant to the Tax
Reform Act of 1976, the Revenue Act of 1978, the Tax Treatment
Extension Act of 1980, and the Economic Recovery Tax Act of
1981. 16 U.S.C. 470, et seq.; 90 Stat. 1519; 92 Stat 2828; 94 Stat. 3204; 95 Stat. 172 (36 CFR Part 67).
--The Secretary of the Interior's Standards and Guidelines for
Historic Preservation Projects. 16 U.S.C. 470, et seq,; Executive Order 11593 (36 CFR Part 68).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--The Secretary of the Interior's Standards and Guidelines for
Archeology and Historic Preservation pursuant to Sections 101
and 110 of the National Historic Preservation Act. 16 U.S.C. 470, et seq. (48 FR 44716 of Sept. 29, 1983).
--Waiver of Federal Agency Responsibilities under Section 110
of the National Historic Preservation Act. 16 U.S.C. 470, et seq. (36 CFR Part 78).
--Protection of the world's cultural and natural heritage; the
World Heritage Convention. 16 U.S.C. 470a-l and 2-2d (36 CFR Part 73).
--Permits and procedures for the recovery and preservation of
archeological resource on Department of the Interior lands. 16 U.S.C. 470 aa-ll (43 CFR Part 7).
--Permits to examine ruins, excavate archeological sites and
gather objects of antiquity on Federal and Indian lands
(Antiquity permits issued by the Departmental Consulting
Archeologist). 16 U.S.C. 432 (43 CFR Part 3: 36 CFR Parts 2.20 and 2.25); also see 16 U.S.C. 470 aa-ll (43 CFR Part 7).
--Approval of a conversion to a non-designated use for lands
deeded by the Federal government to State and local entities as
park demonstration areas, recreation areas, wildlife
conservation preserves and refuses and as historic monuments
and properties under the (1) Recreation Demonstration Act of
1942 and (2) Federal Property and Administrative Services Act
of 1949. For (1)--16 U.S.C. 459 r-t; for (2)--40 U.S.C. 484(k)(2) (41 CFR Part 101-47).
--Consultation concerning the protection of any historic site
which may be impacted by a transportation projects. 49 U.S.C. 303.* Bureau of Reclamation (protection of cultural resources
on water storage and delivery project lands):
--Procedures for the administration and protection of cultural
resources. E.O. 11593 (43 CFR Part 422).--Concurrence for issuance and supervision of antiquity permits. 16 U.S.C. 432 (43 CFR Part 3); also see 16 U.S.C. 470 aa-ll (43
CFR Part 7).
* Office of Surface Mining Reclamation and Enforcement
(protection of important historic, cultural, scientific, and
aesthetic resources in surface coal mining and reclamation
operations):
--Concurrence for issuance and the supervision of antiquity
permits. 16 U.S.C. 432 (43 CFR Part 3); also see 16 U.S.C. 470 aa-ll (43 CFR Part 7).
Department of Transportation
* Office of the Secretary (general effects of
transportation projects on cultural resources):
--Approval of transportation programs or projects that require
the use of or have significant impacts on historic sites. 49 U.S.C. 303.
* Coast Guard (effects of bridges on cultural resources):
--Construction and alterations on bridges and causeways over
navigable waters that re or require the use of or have
significant impacts on historic sites. 33 U.S.C. 491, et seq.; 511, et seq.; 525, et seq., and 535 (33 CFR Part 114, et seq.).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues* Federal Aviation Administration (effects of airport develop-
ments and air traffic on cultural resources; sonic boom impacts).
* Federal Highway Administration (effects of highway
projects on cultural resources):
--Approval of transportation programs or projects that require
the use of or have significant impacts on historic sites. 23 U.S.C. 138 and 49 U.S.C. 303 (23 CFR Part 771).
--Archeological and paleontological salvage on Federal and
Federal-aid highway projects. 23 U.S.C. 305.* Federal Railroad Administration (effects of railroad
projects on cultural resources).
* Urban Mass Transportation Administration (effects of
urban transportation projects on architectural and historic resources).
Advisory Council on Historic Preservation (effects of development or other actions on historic properties):
--Consultation concerning the effects of any Federal, federally
assisted, or federally regulated activity on historic
properties. 16 U.S.C. 470, et seq. (36 CFR Part 800).
General Services Administration
* Public Buildings Service (effects of development and
pollution on architectural and historic resources in urban areas).
Interstate Commerce Commission (effects of rail line construction and abandonment on cultural resources).
National Capital Planning Commission (effects of development and pollution on architectural, historic and
archeological resources in the Washington, D.C. area):
--Approval of land use plans and construction in the National
Capital Region. 40 U.S.C. 74a (D.C. Code 9-404, D.C.Code 8-102); 40 U.S.C. 122 (D.C. Code 8-111, D.C. Code 5-432).
Tennessee Valley Authority (effects of development and other actions on historic and archeological resources in the Tennessee Valley region):
--Permits and procedures for the recovery and preservation of
archeological resources on TVA lands. 16 U.S.C. 470 aa-ll (18 CFR Part 1312).
IV. NATURAL RESOURCES MANAGEMENTA. Weather ModificationDepartment of Agriculture
* Forest Service (effects of weather modification on
National Forests and Grasslands).
* Soil Conservation Service (snow surveys and soil
moisture monitoring).
* World Agricultural Outlook Board (data relating to
weather and agricultural commodities).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of Commerce
* National Oceanic and Atmospheric Administration
(weather research and development):
--Records and reports or weather modification activities. 85 Stat.
735 (15 CFR Part 906).
Department of Defense
* Department of the Air Force (fog dissipation).
Department of the Interior
* Bureau of Indian Affairs (effects of weather
modification on Indian Lands).
* Bureau of Land Management (effects of weather
modification on public lands).
* Fish and Wildlife Service (effects of weather
modification on endangered species and their critical habitats,
other fish and wildlife resources, and National Wildlife Refuge
and National Fish Hatchery System areas).
* Geological Survey (effects of weather modification on
water resources: paleoclimatic studies).
* National Park Service (effects of weather modification
on National Park System areas).
* Bureau of Reclamation (effects of weather modification
on water storage and delivery projects; research in relation to
water resources):
--Precipitation augmentation through cloud seeding. 43 U.S.C. 377. Environmental Protection Agency (effects of weather modification on pollution control and environmental quality).
B. Marine ResourcesDepartment of Commerce
* National Oceanic and Atmospheric Administration
(meteorological and oceanographic research and monitoring;
management and protection of coastal and marine resources;
marine pollution research and monitoring; ocean pollution;
ocean mining; ocean dumping; seafood quality; regulation of
marine fisheries):
--Establishment of estuarine sanctuaries. 16 U.S.C. 1401 (15 CFR Part 921).
--Permits for activities in designated marine sanctuaries. 16 U.S.C. 1431, et seq. (15 CFR Part 922).--Consultations regarding Federal or federally permitted
projects affecting fish and wildlife habitat in coastal and
offshore areas under the Fish and Wildlife Coordination Act. 16 U.S.C. 661, et seq.
--Consultations regarding projects which may affect any
threatened or endangered marine species or its critical
habitat. 16 U.S.C. 1531, et seq. (50 CFR Parts 222 and 402).
--Permits for scientific research and display of marine
mammals. 16 U.S.C. 1374 (50 CFR Parts 216.31, 220 and 618).--Permits to enhance the propagation or survival of endangered
or threatened marine species. 16 U.S.C. 1531 (50 CFR Part 222.21). 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues--Control of fishing by foreign and domestic vessels in the 3-
200 mile Fishery Conservation Zone. 16 U.S.C. 1801, et seq.
(50 CFR Chapter VI).
--Permits for importing marine mammals or products thereof. 16 U.S.C. 1361 and 1371-74 (50 CFR Parts 18 and 216).
--Licenses for siting, design, and operation of ocean-thermal
energy facilities. 42 U.S.C. 9101, et seq. (15 CFR Part 961).
--Licenses and permits for deep seabed hard mineral resource
exploration or recovery. 30 U.S.C. 1401, et seq. (15 CFR Part 970).
-Approval of fishery management plans. 16 U.S.C. 1801, et seq.
(50 CFR Part 601).
--Permits for scientific research, propagation and survival of
marine reptiles. 16 U.S.C. 1538 (50 CFR Part 223.23).--Permits for whaling for scientific and subsistence purposes. 16 U.S.C. 916 (60 CFR Part 216).
Department of Defense
* Army Corps of Engineers (effects of activities in
navigable waters on marine resources):
--Regulation of artificial islands, installations and devices on the
outer continental shelf. 43 U.S.C. 1333(e) (33 CFR Part 320.2(b)).--For other jurisdictional responsibilities, see PART I.B.--Water Quality.
* Department of the Navy (oceanography and hydrographic
mapping: ship pollution).Department of Energy
* Office of Policy, Safety, and Environment (effects of
energy programs on Marine resources).
Department of Health and Human Services
* Public Health Service (effects of marine pollution on health).
* Food and Drug Administration (shellfish sanitation:
contamination of fish and shellfish with toxics).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality IssuesDepartment of the Interior
*Fish and Wildlife Service (effects of marine pollution on endangered species and their critical habitats, estuarine areas,
marine sanctuaries, sport fisheries, migratory waterfowl, barrier
islands, and coastal National Wildlife Refuges):
--Consultation regarding Federal projects that may affect an
estuarine area. 15 U.S.C. 1224.--Habitat acquisition and improvement for designated marine
mammals. 16 U.S.C. 136, et seq.* Geological Survey (marine geophysical surveys,
including assessment of marine energy and mineral deposits;
offshore geologic studies).
* Minerals Management Service (emissions from outer
continental shelf lease operations; effects of pollution from
outer continental shelf mineral lease operations; protection of
marine biological resources on outer continental shelf leases;
management of outer continental shelf lands):
--For jurisdictional responsibilities see PART II.B.--Oil and
Gas and PART IV.G--Non-energy Mineral Resources.
* Bureau of Mines (pollution from ocean mining).
* National Park Service (marine pollution affecting
National Park System areas, especially National Seashores;
marine recreational resources; historic and archeological sites
in coastal areas and on the continental shelf).
Department of State (international aspects of water pollution
and marine resources, including migratory birds and marine mammals).
Department of Transportation
* Coast Guard (ocean dumping enforcement and marine
resource protection; discharges of toxic materials in navigable
waters; recreational boating):
--Transportation of hazardous materials by vessel. 46 U.S.C. 170, 375, 391(a) and 416(j); 49 U.S.C. 1655, 1803, 1804 and
1808(j); 50 U.S.C. 191 (33 CFR Parts 151, et seq.; and 160, et
seq.; 46 CFR Chapter I).
--Hazardous substance discharge to navigable waters. 33 U.S.C. 1321 (33 CFR Parts 25 and 151, et seq,; 46 CFR Part 542, et seq.).
--Navigation and waterfront facility regulation. 33 U.S.C. 1221, et seq. (33 CFR Parts 125 and 126).
--Outer continental shelf structures. 43 U.S.C. 1331 (33 CFR Part 140, et seq.).
63 - Exhibit 01--Continued
List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues --Ports and waterways safety. 33 U.S.C. 1221 (33 CFR Part 160, et seq.).--Deepwater port regulation and licensing. 33 U.S.C. 1503-1524 (33 CFR Parts 148-150).
--Recreational boating regulation. 46 U.S.C. 1451 (33 CFR Part 173, et seq.).
* Maritime Administration (port, coastal, and ocean pollution;
marine pollution from ships; destruction/treatment of wastes at sea):
--Merchant vessels; polluting, discharging and dumping. 46 U.S.C. 1101, et seq.
--Port operations; polluting, discharging and dumping. 46 U.S.C. 867. Advisory Council on Historic Preservation (effects of activities in coastal and marine areas on historic properties).
Environmental Protection Agency (marine discharges, oil spills, ocean dumping; environmental effects; ocean disposal of
radioactive waste and hazardous materials):
--For jurisdictional responsibilities, see PART I.B.--Water Quality.
Federal Maritime Commission (vessel certification with respect to liability for water pollution):
--Certificates of financial responsibility for water pollution. 33 U.S.C. 1321 (46 CFR Part 542); 42 U.S.C. 1643 (46 CFR Part
543); 43 U.S.C. 1815 (46 CFR Part 544).
Marine Mammal Commission (conservation and protection of marine mammals and their habitat):
--Consultation and oversight responsibility for activities
affecting marine mammals. 16 U.S.C. 1402.--Review of permit applications for taking and importation of
marine mammals and marine mammal products. 16 U.S.C. 1371(a). National Aeronautics and Space Administration (advanced technology for remote sensing in oceanography and marine resource conservation).
Nuclear Regulatory Commission (radioactive substances in the marine environment).
C. Water Resources Development and RegulationDepartment of Agriculture
* Agricultural Stabilization and Conservation Service
(water resource conservation; Water Bank program).
* Animal and Plant Health Inspection Service (control of
exotic noxious weeds in waterways and streams.).
* Forest Service (effects of water resource developments on
National Forests and Grasslands).
--Water resource development in wilderness areas. (36 CFR Part 293.15).--Consultations regarding water resource development and
effects on rivers established as units of the National Wild and
Scenic Rivers System and on those rivers designated for study
as potential additions to that System. 16 U.S.C. 1278, et seq.* Agricultural Research Service (research on soil and
water conservation).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or SpecialExpertise on Environmental Quality Issues
* Soil Conservation Service (watershed protection; river
basin studies; flood prevention; and habitat analysis):
--Assistance to State and local sponsors, through a Small
Watershed Program grant, for watershed, reservoir, flood-
control and drainage projects. 16 U.S.C. 1001, et seq.; 33 U.S.C. 701-1 and 42 U.S.C. 1962, et seq. (7 CFR Parts 620, et seq.; and 660).
Department of Commerce
* National Oceanic and Atmospheric Administration
(estuarine and anadromous fish habitat; review of Federal
permits affecting water resources and management; protection of
coastal and marine resources; river and flood forecasting).
Department of Defense
* Army Corps of Engineers (water resource development and
regulation activities in water of the United States):
--Rules governing work or structures in or affecting navigable waters
of the United States. 33 U.S.C. 401, 403, and 419 (33 CFR Part 322).--Permits for discharges of dredged or fill materials into
waters of the United States. 33 U.S.C. 1344 (33 CFR Part 323).--Guidelines controlling the discharge of dredged or fill material
in waters of the United States including wetlands. (40 CFR Part 230).--Permits for uses at Corps reservoirs managed by a lakeshore
management plan. 33 U.S.C. 1251.-Permits for use of river or harbor improvements built by
United States. 33 U.S.C. 406 (33 CFR Part 320.2(e).--For other jurisdictional responsibilities, see PART I.B.--
Water Quality.
Department of Energy
* Office of Policy, Safety, and Environment (effect of
energy policies, programs, and projects).
Department of the Interior
* Fish and Wildlife Service (effects of water resource
developments on endangered species and their critical habitats,
other fish and wildlife resources, and National Wildlife Refuge
and National Fish Hatchery System areas):
--Consultation regarding Federal or Federally permitted projects
which affect streams and water bodies. 16 U.S.C. 861, et seq.--U.S. Fish and Wildlife Service Mitigation Policy. 16 U.S.C. 661-667(e), 742(a)-754 and 1001-109 (46 FR 7644 of Jan. 23, 1981).
--Consultation regarding Federal projects that may affect an
estuarine area under the Estuarine Protection Act. 15 U.S.C. 1224.* Geological Survey (hydrologic research; collection,
analysis, and dissemination of data on quantity and quality of
surface and ground water; National Water summary).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues* Bureau of Indian Affairs (effects of water resources
developments on Indian lands):
--Permits, concessions, and leases on lands withdrawn or
acquired in connection with Indian irrigation projects. 25 U.S.C. 390 (25 CFR Part 173).
* Bureau of Land Management (effects of water resource
developments on public lands):
--Permits, leases, and easements for water control projects. 43 U.S.C. 1732(b) and 1761(a)(1) (43 CFR Part 2800).
* Bureau of Mines (effects of water resource developments
and regulation on mineral resources, production and
transportation).
* National Park Service (effects of water resource
developments on Wild and Scenic River system, outdoor
recreation areas, and National Park System areas):
--Consultations regarding water resource developments and
effects on rivers established as units of the National Wild and
Scenic Rivers System and on those rivers designated for study
as potential additions to that system. 16 U.S.C. 1278, et seq.--Consultations about extent to which proposed recreational
developments at hydroelectric projects conform to and are in
accord with the State Comprehensive Outdoor Recreation Plan. 16 U.S.C. 470.
* Bureau of Reclamation (water storage and delivery
projects and their effects; water policy analysis; impacts on
State water management):
--Construction and operation of works and structures for
storage, diversion and development of waters, including flood
control, navigation and river-flow regulation and control in
the 17 contiguous western States. 43 U.S.C. 391, et seq.* Office of Surface Mining Reclamation and Enforcement
(effects of water resource developments on surface coal mining
and reclamation operations).
Department of Transportation
* Coast Guard (vessel, bridge, port, and waterway
regulation and safety; navigational aids):
--Ports and waterways safety. 33 U.S.C. 1221 (33 CFR Part 160, et seq.).--Construction and alterations of bridges and causeways over
navigable waters. 33 U.S.C. 491, et seq.; 511, et seq.; 525, et seq., and 535 (33 CFR Part 114, et seq.).
* Federal Highway Administration (effects of water
resource developments on highways):
--Approval of Federal-aid highway and bridge projects involving
navigable waters and channel changes. 23 U.S.C. 144 (23 CFR Part 650).--Approval of toll bridge and ferry projects. 23 U.S.C. 129* Saint Lawrence Seaway Development Corporation (Seaway regulations):
--Construction, development, operation, and maintenance of the United
States part of the Seaway. 33 U.S.C. 981-990 (33 CFR Parts 401-403). 63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues Advisory Council on Historic Preservation (effects of water resource developments on historic properties).
Delaware River Basins Commission (management of water resources in the Delaware River basin):
--Review and approval of water resource projects. 75 Stat. 708 (18 CFR Parts 401-430).
Environmental Protection Agency (effects of water resource developments on pollution control):
--Review of permits for discharge of dredged or fill materials
into waters of the United States, 33 U.S.C. 1344 (40 CFR Part 230).
--Guidelines controlling the discharge of dredged or fill
material in waters of the U.S.including wetlands. (40 CFR Part 230).--For other jurisdictional responsibilities, see PART I.B--
Water Quality.
Federal Emergency Management Agency (floodplain mapping and floodplain management; dam and levee safety; mitigation of
natural hazards).
Federal Energy Regulator Commission (effects of power projects):--Regulation of development of water resources. 16 U.S.C. 791-825(r) (18 CFR Parts 4-25, 36, 131 and 141).
International Boundary and Water Commission, United States Section (maintenance, restoration and protection of banks of
Rio Grande and Colorado River where they form the international
boundary with Mexico; construction and operation of works and
structures for storage and diversion of waters, including flood
control on the Rio Grande and Colorado Rivers).
National Capital Planning Commission (water resource developments in Washington, D.C.area):
--Approval of taking lines and general development plans for parks in
stream valleys in Maryland and Virginia tributaries to the Potomac
and Anacostia Rivers Act of May 29, 1930; 46 Stat. 432 as amended.
Susquehanna River Basins Commission (management of water resources in the Susquehanna River basin):
--Review and approval of water resource projects. 84 Stat. 1509 et seq. (18 CFR Parts 801-803). Tennessee Valley Authority (water resource developments and regulation in the Tennessee Valley region):
--Construction of dams, appurtenant works, or other waterway improve-
ment activities affecting navigation, flood control, public lands or
reservations on the Tennessee River System. 16 U.S.C. 831(y-1).D. Watershed Protection and Soil ConservationDepartment of Agriculture
* Agricultural Research Service (technical aspects of
water and soil conservation).
* Agricultural Stabilization and Conservation Service (soil
conservation: cost-sharing farm and forest conservation programs).
* Extension Service (extension programs in agricultural
conservation).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues* Farmers Home Administration (effects of housing,
community, and business programs, and farmer programs on soil
and water conservation: conservation loan programs).
* Forest Service (soil and water conservation, and their
effects on National Forests and Grasslands: forest and range
soil rehabilitation):
--Emergency soil and water conservation programs. 16 U.S.C. 2202, et seq.
* Soil Conservation Service (soil surveys: technical
assistance in areas of soil, water, and related resource
conservation of landowners and landusers through several multi-
functional programs):
--Grants for Watershed Protection and Flood Prevention Act activities. 16 U.S.C. 1001, et seq. (7 CFR Part 620, et seq., and 660).--Land conservation and land utilization program. 7 U.S.C. 1010, et seq.Department of Commerce
* National Oceanic and Atmospheric Administration
(weather research, river and flood forecasting).
Department of Defense
* Army Corps of Engineers (dredging, flood control,
control of aquatic plants, shoreline stabilization):
--For jurisdictional responsibilities, see PART I.B.--Water Quality.
Department of Energy
* Office of Policy, Safety, and Environment (effects of
energy policies, programs and projects on watershed).
Department of the Interior
* Fish and Wildlife Service (effects of soil erosion and
watershed protection on endangered species and critical
habitats, and on fish and wildlife resources in general):
--Consultation regarding small watershed projects of the Soil
Conservation Service under the Watershed Protection and Flood
Protection and Flood Prevention Act. 16 U.S.C. 1008.* Geological Survey (geology and hydrology in general;
National Water Summary; erosion and sedimentation; engineering geology).
* Bureau of Indian Affairs (soil conservation and
watershed protection on Indian lands).
* Bureau of Land Management (watershed protection and
soil conservation on public lands).
* Bureau of Mines (hydraulic impacts of mining;
revegetation and reclamation after mining).
63 - Exhibit 01--Continued List of Agencies With Jurisdiction by Law or Special Expertise on Environmental Quality Issues* National Park Service (watershed protection and soil
conservation on National Park System lands):
--Special use permits, grazing permits, permits to collect
soil, rock, water, and plant specimens. 16 U.S.C. 1, et seq.
(36 CFR Parts 1, 2 and 7).
* Bureau of Reclamation (soil and moisture conservation:
hydrology; erosion control on public lands; water storage and
delivery project; water resources research; analysis of Federal
role in groundwater management).
* Office of Surface Mining Reclamation and Enforcement
(effects of surface coal mining and reclamation operations on
erosion, aquifers and alluvial valley floors).
Department of Transportation
* Federal Highway Administration (erosion control on
highway projects: vegetation management on highway rights-of-
way; highway drainage problems on watersheds).
Advisory Council on Historic Preservation (effects of watershed protection activities on historic properties).
Environmental Protection Agency (watershed protection and soil conservation in relation to pollution control).
Federal Emergency Management Agency (floodplain mapping and management, mitigation of natural hazards).
Federal Energy Regulatory Commission (effects of power projects):--Regulation of development of water resources. 16 U.S.C. 791-825(r) (18 CFR Parts 4-25, 36, 131 and 141).
National Aeronautics and Space Administration (advanced technology for remote sensing of watersheds and soils).
Tennessee Valley Authority (watershed protection and soil conservation in the Tennessee Valley region).
E. Forest, Range, and Vegetative Resources (Includes Development, Production, Harvest and Transport of Those Renewable Resources)