U.S. Department of Energy

National Environmental Policy Act Compliance Guide

Volume 1

General NEPA References

PART 1. Laws

1-1 National Environmental Policy Act of 1969, as amended

1-2 Environmental Quality Improvement Act of 1970

1-3 Clean Air Act, Section 309

PART 2. Executive Orders Concerning Environmental Matters (Selection, in chronological order)

2-1     Executive Order 11514, Protection and Enhancement of Environmental Quality (March 5, 1970), as amended by Executive Order 11991 (May 24, 1977)

2-2     Executive Order 11988, Floodplain Management (May 24, 1977)

2-3     Executive Order 11990, Protection of Wetlands (May 24, 1977)

2-4     Executive Order 12088, Federal Compliance with Pollution Control Standards (October 13, 1978)

2-5     Executive Order 12114, Environmental Effects Abroad of Major Federal Actions (January 4, 1979) (See also 4-2 and 5-1 in Volume I and 1-5 in Volume II.)

2-6     Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (February 11, 1994, with Presidential Memorandum)

2-7     Executive Order 13112, Invasive Species (February 3, 1999)

2-8     Executive Order 13148, Greening the Government through Leadership in Environmental Management (April 21, 2000)

2-9     Executive Order 13186, Responsibilities of Federal Agencies to Protect Migratory Birds (January 10, 2001)

2-10     Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001)

2-11     Executive Order 13212, Actions to Expedite Energy-Related Projects (May 18, 2001)

2-12     Executive Order 13287, Preserve America (March 3, 2003)

PART 3. Council on Environmental Quality (CEQ) Regulations

Regulations for Implementing the Procedural Provisions of the National Environmental Quality Act (40 CFR Parts 1500-1508)

Preambles:

• 43 FR 55978; November 29, 1978
• 51 FR 15618; April 25, 1986

Versions:

•    pdf: codified version from CFR and page with July 18, 2005, revision to section 1506.9
•    html: includes all changes through July 18, 2005
•    pdf: 2005 CEQ booklet reprint (contains CEQ's NEPA regulations with index, NEPA, Environmental Quality Improvement Act, Clean Air Act Section 309, E.O. 11514, and information about NEPAnet) and added page with July 18, 2005, revision to section 1506.9

PART 4. CEQ Guidance (Selection, in chronological order)

4-1     Forty Most Asked Questions Concerning CEQ's National Environmental Policy Act Regulations (46 FR 18026, March 23, 1981; as amended, 51 FR 15618, April 25, 1986)

4-2     Environmental Effects Abroad of Major Federal Actions, Executive Order 12114; Implementing and Explanatory Documents (44 FR 18722, March 29, 1979) (See also 2-5 and 5-1 in Volume I and 1-5 in Volume II.)

4-3     Publishing of Three Memoranda for Heads of Agencies (45 FR 59189, September 8, 1980)

•    Analysis of Impacts on Prime or Unique Agricultural Lands in Implementing the National Environmental Policy Act (August 11, 1980)
•    Prime and Unique Agricultural Lands and the National Environmental Policy Act (August 11, 1980)
•    Interagency Consultation to Avoid or Mitigate Adverse Effects on Rivers in the Nationwide Inventory (August 10, 1980)

4-4     Guidance on Applying Section 404(r) of the Clean Water Act to Federal Projects Which Involve the Discharge of Dredged or Fill Materials into Waters of the U.S., Including Wetlands (November 17, 1980)

4-5     Scoping Guidance (46 FR 25461, May 7, 1981, Notice of Availability of Memorandum to Agencies Containing Scoping Guidance, and April 30, 1981, Memorandum)

4-6     Guidance Regarding NEPA Regulations (includes Scoping, Categorical Exclusions, Adoption Procedures, Contracting Provisions, Selection of Alternatives in Licensing and Permitting Situations, and Tiering Regulations) (48 FR 34263, July 28, 1983)

4-7     National Environmental Policy Act Implementation Procedures; Appendices I, II, and III (49 FR 49750, December 21, 1984) Note: Contacts are outdated. Refer to "Directory of Potential Stakeholders for DOE Actions under NEPA." (See 4-2 in Volume II: www.eh.doe.gov/nepa/tools/StakeholdersDirectory.pdf, updated annually.)

•    Appendix I - Federal and Federal-State Agency National Environmental Policy Act Contacts
•    Appendix II - Federal and Federal-State Agencies with Jurisdiction by Law or Special Expertise on Environmental Quality Issues
•    Appendix III - Federal and Federal-State Agency Offices for Receiving and Commenting on Other Agencies' Environmental Documents

4-8    NEPA at 19: A Primer on an "Old" Law with Solutions to New Problems (Dinah Bear, 19 Envtl. L. Rep. 10060, (2/1989)) Note: While not official CEQ guidance, this article is a useful basic reference.

4-9     Incorporating Biodiversity Considerations into Environmental Impact Analysis under the National Environmental Policy Act (January 1993)

4-10    Memorandum to Heads of Federal Departments and Agencies: Pollution Prevention and the National Environmental Policy Act (January 12, 1993) (58 FR 6478, January 29, 1993)

4-11    CEQ Guidance on Cumulative Effects

4-11.1 Considering Cumulative Effects Under the National Environmental Policy Act (January 1997)

4-11.2 Guidance on the Consideration of Past Actions in Cumulative Effects Analysis (June 24, 2005)

4-12 Environmental Justice - Guidance Under the National Environmental Policy Act (December 10, 1997)

4-13 CEQ Memoranda on Cooperating Agencies

4-13.1     Designation of Non-Federal Agencies as Cooperating Agencies (July 28, 1999)

4-13.2     Identifying Non-Federal Cooperating Agencies in Implementing the Procedural Requirements of NEPA (September 25, 2000)

4-13.3     Guidance on Cooperating Agencies in Implementing the Procedural Requirements of NEPA (January 30, 2002) [superseded in part by 4-13.4 but includes Factors for Determining Whether to Invite, Decline or End Cooperating Agency Status] and Distribution Memoranda

4-13.4     CEQ Memorandum to Heads of Federal Agencies: Reporting Cooperating Agencies in Implementing the Procedural Requirements of the National Environmental Policy Act (December 23, 2004)

• Attachment 1: Cooperating Agency Report Form
• Attachment 2: Cooperating Agency Frequently Asked Questions

4-14     Purpose and Need, CEQ Exchange of Letters with Secretary of Transportation (May 2003)

4-15     Improving the NEPA Process Through Enhanced Tribal Capacity (July 30, 2004)

4-16     Emergency Actions and NEPA (September 8, 2005)

• Attachment 1: Emergency Alternative Arrangements under the National Environmental Policy Act
• Attachment 2: Preparing Focused, Concise and Timely Environmental Assessments

PART 5. Policies from Other Federal Agencies (Selection, in chronological order)

5-1     Department of State. Unified Procedures Applicable to Major Federal Actions Relating to Nuclear Activities Subject to Executive Order 12114 (44 FR 65560, November 13, 1979) (See also 2-5 and 4-2 in Volume I and 1-5 in Volume II.)

5-2     Environmental Protection Agency. Policy and Procedures for the Review of Federal Actions Impacting the Environment (Office of External Affairs and Office of Federal Activities, October 3, 1984)

5-3     Environmental Protection Agency Guidance on Submitting Environmental Impact Statements

5-3.1    Filing System Guidance for Implementing 1506.9 and 1506.10 of the CEQ Regulations (54 FR 9592, March 7, 1989)

5-3.2    Memorandum (Office of Federal Activities, February 15, 1994)

5-3.3    Submitting Environmental Impact Statements (www.epa.gov/Compliance/nepa/submiteis/index.html)

5-4     Environmental Protection Agency. Guidance on Incorporating EPA's Pollution Prevention Strategy into the Environmental Review Process (Office of Federal Activities, February 24, 1993)

5-5     Environmental Protection Agency. Habitat Evaluation: Guidance for the Review of Environmental Impact Assessment Documents (Office of Federal Activities, March 8, 1993)

5-6     Environmental Protection Agency. Pollution Prevention/Environmental Impact Reduction Checklists for NEPA/309 Reviewers (January 1995) [The opening pages provide an overview of pollution prevention and discuss incorporating pollution prevention into NEPA; the checklists that follow have project-specific relevance.]

5-7    Department of Justice. Agreed to Report of March 31, 1994 Meeting Regarding The Application of NEPA to CERCLA Cleanups (January 23, 1995) (NEPA-CERCLA policy)

5-8     Environmental Protection Agency, Office of the Federal Environmental Executive. Guidance for Presidential Memorandum on Environmentally and Economically Beneficial Landscape Practices on Federal Landscaped Grounds (60 FR 40837, August 10, 1995)

5-9     Environmental Protection Agency. Consideration of Cumulative Impacts in EPA Review of NEPA Documents (May 1999)

5-10     Environmental Protection Agency. EPA Guidance for Consideration of Environmental Justice in Clean Air Act Section 309 Reviews (July 1999)

5-11    Environmental Protection Agency. EPA’s Section 309 Review: The Clean Air Act and NEPA (July 1999)