10/4/71

PURPOSE. This Order establishes procedures for preparation of detailed environmental impact statements which serve, where required, as the single vehicle for all environmental findings, determinations, and clearances on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment.

2.

CANCELLATION. DOT 5610.1, Implementation of Section 102(2)(C) of the National Environmental Policy Act of 1969, Section 4(f) of the DOT Act, and Portions of Section 16 of the Airport and Airways Development Act of 1970, of 10/7/70.

3.

SCOPE. This Order provides instructions for implementation, where environmental impact statements are required, of Section 102 (2) (C) of the National Environmental Policy Act of 1969 (P.L. 91-190) (hereafter "the NEP Act"), Section 4(f) of the Department of Transportation Act of 1966 (P.L. 89-670) (hereafter "the DOT Act"), Sections 16(c)(4), 16(d) and 16 (e) of the Airport and Airway Development Act of 1970 (P.L. 91-258) (hereafter "the Airport Act"), Section 309 of the Clean Air Act of 1970 (P.L. 91-604) (hereafter "the Clean Air Act"), Section 14 of the Urban Mass Transportation Act of 1964 (49 U.S.c. 1601 et. seq.) (hereafter "the Mass Transportation Act"), and Section 106 of the National Historic Preservation Act of 1966 (P.L. 89-665) (hereafter "the Historic Preservation Act").

a.

The National Environmental Policy Act of 1969 establishes a broad
national policy to promote efforts to improve the relationship
between man and his environment, and provides for the creation of a
Council on Environmental Quality (CEQ). The NEP Act sets out
certain policies and goals concerning the environment, and requires
that, to the fullest extent possible, the policies, regulations, and
public laws of the U. S. shall be interpreted and administered in
accordance with those policies and goals.

b.

Section 102 (2) (c) of the NEP Act is designed to ensure that environmental considerations are given careful attention and appropriate weight in all decisions of the Federal Government. This Section requires that all agencies of the Federal Government shall

"include in every recommendation or report on proposals
for legislation and other major Federal actions signifi-
cantly affecting the quality of the human environment, a
detailed statement by the responsible official on

10/4/71

"Prior to making any detailed statement, the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the President, the Council on Environmental Quality, and the public as provided by Section 552 of Title 5, United States Code, and shall accompany the proposal through the existing agency review processes.

c.

Section 102 (2) (A) of the NEP Act provides that all agencies of the Federal Government "utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and decisionmaking which may have an impact on man's environment."

d.

Executive Order 11514, dated March 4, 1970, orders all Federal agencies to initiate procedures needed to direct their policies, plans, and programs so as to meet national environmental goals.

e.

A memorandum from the Secretary, dated February 26, 1970, provided
general guidelines for the DOT response to the NEP Act. The
memorandum also assigned the responsibility to oversee the
Department's response to the NEP Act, in terms of both policies
and procedures, to the Assistant Secretary for Environment and Urban
Systems (TEU), in cooperation with the General Counsel.

10/4/71

f.

Guidelines from the President's Council on Environmental Quality, dated April 23, 1971, set forth broad guidelines on implementation of the NEP Act.

8.

Section 4(f) of the DOT Act directs that "the Secretary shall not approve any program or project which requires the use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance as so determined by such officials unless (1) there is no feasible and prudent alternative to the use of such land, and (2) such program includes all possible planning to minimize harm to such park, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use.

Section 16(c)(3) of the Airport Act requires consideration of the interests of communities in or near which airport development projects are proposed.

i.

Section 16 (c)(4) of the Airport Act directs that no major airport development project shall be authorized for receipt of Federal financial aid unless that project provides for the protection and enhancement of the natural resources and the quality of environment of the Nation; and further, that no project found to have an adverse effect shall be authorized unless the Secretary finds in writing, after full and complete review, that no feasible and prudent alternative exists and that all possible steps have been taken to minimize such adverse effect.

j.

Section 16(d) of the Airport Act establishes a requirement for public hearings for consideration of economic, social, and environmental effects of airport projects, and for certain other purposes, and Section 16(e) of the Airport Act establishes criteria and procedures for protection of air and water quality in connection with airport development.

k.

Section 309 of the Clean Air Act provides for the Administrator of the Environmental Protection Agency to review and comment on matters relating to duties and responsibilities granted pursuant to this Act or other provisions of the authority of the Administrator, contained in any (1) legislation proposed by any Federal department or agency, (2) newly authorized Federal projects for construction and any major Federal agency action (other than a project for construction) to which Section 102(2)(C) of P.L. 91-190 applies, and (3) proposed regulations published by any department or agency of the Federal Government.

10/4/71

1.

Section 14 of the Mass Transportation Act provides that the
Secretary shall review each transcript to assure that the project
application includes a detailed statement on (1) the environmental
impact of the proposed project, (2) any adverse environmental
effects which cannot be avoided should the proposal be implemented,
(3) alternatives to the proposed project, and (4) any irreversible
and irretrievable impact on the environment which may be involved
in the proposed project should it be implemented, and finds after
full and complete review of any hearing that (1) adequate oppor-
tunity was afforded for the presentation of views by all parties
with a significant economic, social, or environmental interest,
and fair consideration has been given to the preservation and
enhancement of the environment and to the interest of the community
in which the project is located, and (2) either no adverse
environmental effect is likely to result from such project, or
there exists no feasible and prudent alternative to such effect
and all reasonable steps have been taken to minimize such effect.

m.

Section 106 of the Historic Preservation Act requires that prior to approval of Federal activities, departments shall take into account the effect of the undertaking on any district, site, building, structure, or object that is included in the National Register, and give the Advisory Council on Historic Preservation a reasonable opportunity to comment with regard to such undertaking.

a.

The requirements in this Order (paragraph 8 below) calling for
either a negative declaration or a statement pursuant to
Section 102(2)(C) of the NEP Act apply to, but are not limited to,
the following, except as noted below: all grants, loans, contracts,
purchases, leases, construction, research and development involving
construction, rulemaking and regulatory actions, certifications,
licensing, permits, plans (both internal DOT plans and external
plans, such as the annual work programs submitted to NHTSA), formal
approvals (e.g., of non-Federal work plans), legislative proposals,
directives, program or budget proposals or actions (except for
continuation of existing programs at approximately current levels
(i.e., plus or minus 25 percent); and any renewals or reapprovals
of the foregoing. Exceptions to the foregoing are:

(1)

administrative procurements (e.g., general supplies)
and contracts for personal services;

10/4/71

(2)

normal personnel actions (e.g., promotions, hirings);

(3) project amendments (e.g., increases in costs) which do

not alter the environmental impact of the action;

(4)

legislative proposals not originating in DOT and
relating to matters not the primary responsibility of

(Note that procedures for coordinating environ-
mental statements on legislation differ from coordination
of environmental statements on other matters. See
subparagraphs 8f and 8g below.)

b.

In addition to the exceptions noted in subparagraphs 5a(1)-(4)
above, the implementing instructions called for by paragraph 7
below may provide for additional exceptions.

c.

A general class of actions may be covered by a single statement when
the environmental impacts (and alternatives thereto) of all such
actions are substantially similar. This provision does not apply
to actions requiring construction or the taking of land.

6.

DEFINITIONAL GUIDELINES. These are set forth in Attachment 1. Operating administrations may wish to set forth more explicit definitions with respect to their programs in their implementing instructions.

a.

Within two weeks after the date of this Order, each operating
administration will submit for review to TEU draft internal
instructions or other appropriate regulations to implement this
Order, or draft revisions of existing instructions.

These internal instructions will incorporate the main points in
this Order (or include it as an attachment), and provide for
further specificity and applicability to the programs of the
operating administrations, including identification of what should
be considered "programs", "projects", or "actions" for purposes
of 102 (2) (C) statements.

Following TEU concurrence in the draft internal instructions of each operating administration, the operating administrations will take any steps necessary to comply with applicable requirements of the Administrative Procedure Act (5 U.S.C., Sections 551 et. seq.) and OMB Circular No. A-85.

Pending finalization of the implementing instructions, the
operating administrations will begin implementation of the pro-