**Some States do not request Federal-aid for right-of-way and preliminary engineering so
there may not be any Federal Highway Administration approval at this stage.

Subject: 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 Airway Development Act of 1970.

1. PURPOSE

This order outlines procedures for the Department of Transportation regarding the preparation of detailed environmental statements on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, as required by Section 102(2) (C) of the National Environmental Policy Act of 1969 (P.L. 91-190) (hereafter "the NEP Act"). It also sets forth procedures for implementation of Section 4(f) of the Department of Transportation Act of 1966 (P.L. 89-670) (hereafter "the DOT Act") and Section 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"). It is the intent of this order that Section 102(2)(C) statements should serve as the vehicle for all environmental findings, determinations and clearances required under any legislation applicable to the Department of Transportation.

2. BACKGROUND AND AUTHORITY

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 significantly affecting the quality of the human environment, a detailed statement by the responsible official on"(i) the environmental impact of the proposed action,

“(ii) any adverse environmental effects which cannot be avoided should the proposal be implemented,

“(iii) alternatives to the proposed action,

"(iv) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and "(v) any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.

"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 statements 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. Executive Order 11514, dated March 5, 1970, orders all Federal agencies to initiate procedures needed to direct their policies, plans, and programs so as to meet national environmental goals.

d. 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.