e. Interim Guidelines from the President's Council on Environmental Quality, dated April 30, 1970, set forth broad guidelines on implementation of the NEP Act.

f. 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."

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

i. 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.

3. POINT OF CONTACT

All Secretarial Officers, Operating Administrations, and the Directors of the Office of SST Development, of Public Affairs and of Congressional Relations will designate a primary point of contact for environmental matters. This point of contact should be reported to TEU within one week after the effective date of this order.

4. APPLICABILITY

a. The requirements in this order (paragraph 7 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, rulemaking and regulatory actions, certifications, licensing, plans (both internal DOT plans and external plans, such as the annual work programs submitted to NHSB), formal approvals (e.g., of non-Federal work plans), legislative proposals, 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;

(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 DOT. (Note that procedures for coordinating environmental statements on legislation differ from coordination of environmental statements on other matters. See subparagraphs 7e and 7f below.)

b. In addition to the exceptions noted in sub-paragraphs 4a (1) to (4) above, the implementing instructions called for by paragraph 6 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.

5. 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.

6. IMPLEMENTING INSTRUCTIONS

a. Within two weeks after the effective date of this order, each Operating Administration will submit for review to TEU draft internal instructions or other appropriate regulations to implement this order.

b. 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 Administration, including identification of what should be considered “programs", "projects", or "actions" for purposes of 102 (2) (C) statements.

c. 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 Bureau of the Budget Circular No. A-85. d. Pending finalization of the implementing instructions, the Operating Administrations will begin implementation of the procedures in this order to the extent possible.

7. PREPARATION AND PROCESSING OF SECTION 102 (2) (C)

STATEMENTS

a. Negative declaration.—Any proposal for an action to which this order is applicable (in accordance with paragraph 4a above) will include either a statement as required by Section 102(2(C) of the NEP Act or a declaration that the proposed action will not have a significant impact on the environment. Negative declarations need not be coordinated outside the originating agency.

b. Applications.-Each applicant for a grant, loan, permit or other DOT approval covered by paragraph 4 above will be required to submit, together with the original application, either a draft 102 (2) (C) statement or a negative declaration, as appropriate.

c. Actions originating within DOT.—In the case of proposals originating within DOT for an action to which this order is applicable, the originator of the proposal will state in the proposal whether, in his judgment, the action will or will not require a 102 (2) (C) statement.

d. Draft of statement.-Draft statements shall be prepared at the earliest practicable point in time. They should be prepared early enough in the process so that the analysis of the environmenal effects and the exploration of alternatives with respect thereto are significant inputs to the decision-making process. The implementing instructions (called for by paragragh 6 above) will specify the appropriate point at which draft statements should be prepared for each type of action in the administration to which this order is applicable.

e. Comments of Federal agencies.-On actions requiring a 102(2)(C) statement, except for those relating to legislative proposals, the originating Operating Administration (or TEU for actions originating in the Office of the Secretary) shall circulate for comment the draft environmental statement called for by subparagraph 7d above to all Federal agencies which have jurisdiction by law or special expertise with respect to the environmental impact involved, and to the CEO and TEU, as well as other elements of DOT where appropriate. At Attachment 2 to this order is a list of Federal agencies with their area of expertise, prepared by the CEQ. This list should not be presumed to be all-inclusive. Implementing instructions (called for by paragraph 6 above) will set forth the procedure for obtaining such comments. A time period for comment may be specified, but not less than 30 days. Where comments of other Federal agencies have been obtained by the applicant, comments need not be solicited again from same agencies, unless there are pertinent changes in the project proposal.

Draft environmental statements on legislative proposals will be submitted to the Office of Management and Budget (OMB) together with legislative proposals through the normal DOT legislative process, for coordination by OMB with other interested agencies.

f. State or local review.-Where no public hearing has been held on the proposed action at which the appropriate State and local review has been invited. and where review of the proposed action by State and local agencies authorized

to develop and enforce environmental standards is relevant, such State and local review shall be provided for as follows:

(1) Project applicant may obtain comments from appropriate State and local agencies.

(2) Otherwise, for direct Federal development projects and projects assisted under programs listed in Attachment D of OMB (issued as BOB) Circular No. A-95, review by State and local governments will be through procedures set forth under Part I of Circular No. A-95.

(3) State and local review of agency procedures, regulations, and policies for the administration of Federal programs of assistance to State and local governments will be conducted pursuant to procedures established by OMB (issued as BOB) Circular No. A-85.

(4) Where these procedures are not appropriate and where the proposed action affects matters within their jurisdiction, review of the proposed action by State and local agencies authorized to develop and enforce environmental standards and their comments on the draft environmental statement may be obtained directly or by publication of a summary notice in the Federal Register (with a copy of the environmental statement and comments of Federal agencies thereon to be supplied on request). The notice in the Federal Register may specify that comments of the relevant State and local agencies must be submitted within a specified period of time from the date of publication of the notice, but not less than sixty days.

Environmental statements on legislative proposals are not subject to State and local review. Similarly, budget proposals or other internal agency proposals may be excluded from such review.

g. Utilization of comments.-Comments received under sub-paragraphs 7e and 7f shall accompany the draft environmental statement through the normal internal project or program review process.

h. Final statements.-Draft statements shall be revised, as appropriate, to reflect comments received or other considerations before being put into final form for approval of the responsible official. Final statements will then be submitted to TEU for concurrence, together with 12 copies (including 10 for forwarding to the CEQ), with the following exception: Final statements need not be submitted to TEU with respect to highway projects when such statements were required solely because the action involves Section 4(f), and the 4(f) approval authority for such action has been delegated to FHWA. The statement will be considered concurred in by TEU unless other notification is provided within two weeks, except as to statements, projects or actions as to which final approval authority is reserved to the Secretary, as discussed in paragraph 9 below.

i. Content of statement.-The following points will be covered in the statement:

(1) A description of the proposed action and its purpose.

(2) The probable impact of the proposed action on the environment.

(3) Any probable adverse environmental effects which cannot be avoided should the proposal be implemented.

(4) Alternatives to the proposed action. (Section 102 (2) (D) of the NEP Act requires the responsible agency to "study, develop and describe appropriate alternatives to recommend courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources." Alternative actions that might avoid some or all of the adverse environmental effects or increase beneficial effects should be set forth and analyzed.)

(5) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity. This in essence requires the agency to assess the action for cumulative and long-term effects from the perspective that each generation is trustee of the environment for succeeding generations.

(6) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action shou'd it be implemented. This requires the agency to identify the extent to which the action curtails the range of beneficial uses of the environment.

(7) Where appropriate, a discussion of problems and objections raised by other Federal agencies, State and local entities, and citizens in the review process, and the disposition of the issues involved. (This section may be added at the end of the review process in the final text of the environmental statement.)

j. Form of statement.

(1) Each statement will be headed as follows:

Department of Transportation

(Operating Administration)

(Draft) Environmental Impact Statement Pursuant to Section 102(2) (C), P. L. 91-190

(2) Each statement will, as a minimum, contain sections corresponding to subparagraphs (1)–(6) of paragraph 7i above, appropriately headed.

k. Availability of Statements to the President, the CEQ, and the Public.-TEU is responsible for transmitting 10 copies of each final statement to the CEQ, which transmittal shall be deemed transmittal to the President. The agency which prepared the environmental statement is responsible for making the final version of such statement and the comments received available to the public pursuant to the provisions of the Freedom of Information Act (5 U.S.C. Section 552).

8. PREPARATION AND PROCESSING OF STATEMENTS UNDER SECTION 4(f) OF THE DOT ACT AND SECTIONS 16(c)(3), 16(C) (4), 16(d) AND 16(e) OF THE AIRPORT ACT a. Inclusion in 102(2)(C) statement.-As indicated in paragraph 1 of this order, it is the intent of this order that the Section 102 (2) (C) statement described above should serve as the vehicle for all environmental findings, determinations and clearances required under any legislation applicable to the Department. Any project, proposal or action to which Section 4(f) of the DOT Act and/or Sections 16(c) (3), 16(c) (4), 16(d), and 16(e) of the Airport Act is applicable will require a 102 (2) (C) statement. Such 102 (2) (C) statements should be prepared, therefore, in such a manner as to also meet the requirements of the cited sections of the DOT Act and/or the Airport Act.

b. Applications.—Each applicant for a grant, loan, permit or other DOT approval covered by paragraph 8a above will be required to submit a draft 102(2)(C) statement which also meets the requirements of Section 8 of this order.

c. Content of statements under section 4(f) of the DOT Act.-In addition to the information required under paragraph 7i above, the following information must be included in statements covered by this paragraph:

(1) Description of "any publicly owned land from a public park, recreation area or wildlife and waterfowl refuge" or "any land from an historic site" affected or taken by the project, including its size, available activities, use, patronage, relationship to other similarly used lands in the vicinity of the project, maps, plans and drawings showing in sufficient scale and detail the project and its impact on park, recreation, wildlife, or historic areas, and slides, photographs, etc., as appropriate.

(2) Statement of the "national, State or local significance" of the area "as determined by the Federal, State or local officials having jurisdiction thereof." (3) Similar data, as appropriate, for alternative designs and locations, including cost estimates and technical feasibility, and appropriate analysis of the alternatives.

(4) If there is no feasible and prudent alternative, description of all planning undertaken to minimize harm to the protected area and statement of actions taken or to be taken to implement this planning.

(5) A specific statement that there is no feasible and prudent alternative and that the proposal includes all possible planning to minimize harm to the "4(f) area" involved.

d. Content of statements on projects subject to section 16(c)(3), 16(c) (4), and 16(d) of the Airport Act.-In addition to the information required under paragraph 71 above, the following information will be included:

(1) Identification of communities in or near which the project is located. (2) Identification of steps taken by the applicant to determine the interests of those communities, including economic, environmental, and social interests, as well as transportation interests.

(3) Statement of the specific actions taken in planning the project to recognize and to meet the communities' interests.

(4) For identified community interests which are in conflict with the project, a statement explaining why the interests have not been met, what alternatives have been investigated to meet the community interests, estimated costs of the alternatives and the reasons for not adopting the alternatives.

(5) For any project found to have an adverse effect on the environment, and for which no feasible and prudent alternative exists, identify all steps taken to minimize such adverse effect.

(6) For any project found to have an adverse effect on the environment, and for which all possible steps have been taken to minimize such effects, a request that the Secretary render the appropriate findings, in writing.

(7) Statement that the public hearings required by Section 16(d) of the Airport Act have been held.

(8) Statement by appropriate local planning officials that the project is consistent with the goals and objectives of such urban planning as has been carried out by the community.

e. Form of statement.

(1) The heading specified in paragraph 7g (1) above shall be modified to indicate that the statement also covers Section 4(f) and/or Section 16 (c) (3) 16(c) (4) and 16(d) requirements, as appropriate.

(2) Appropriate paragraphs and headings will be added to 102 (2) (C) statements to cover the points in paragraphs 8c and d above, as appropriate.

f. Comments and processing.-The instructions set forth in paragraph 7 above with respect to obtaining comments and concurrence shall also apply to statements prepared pursuant to paragraph 8.

g. Certification of compliance with air and water quality statements pursuant to section 16(e) of the Airport Act.-This certification shall be required only at the time an applicant submits an application for financial assistance.

h. Follow through on decisions of the Secretary in cases involving section 4(f) and/or sections 16(c)(3), 16(c)(4), 16(d) and 16(e).-Following a decision with respect to the final statements as described in paragraph 7h above (which statements shall contain the necessary findings under section 4(f) and section 16(c) (3), 16(c) (4), 16(d) and 16(e), as appropriate), TEU will transmit the Secretary's decision to the originating administration. The administration will take the necessary steps, through its funding agreements and other contacts with the applicant, to assure that the actions to minimize adverse environmenal effects, as spelled out in the statement or in the Secretary's approval (to the extent that it differs from the statement as proposed), will be carried out. Proposals to deviate from these actions as approved should be cleared with TEU.

In cases where the Secretary's approval differs from the applicant's proposal, the Administrator will advise the applicant of the details of the decision, and obtain the concurrence in writing from the applicant before permitting the project to proceed.

The operating instructions called for by paragraph 6 of this order shall include procedures for monitoring these projects so as to assure that the Secretary's decisions are executed. The administrations will provide TEU with copies of the appropriate correspondence, agreements, statements of compliance and progress reports for this purpose.

9. DECISIONS RESERVED TO THE SECRETARY

In the case of any action requiring personal approval of the Secretary pursuant to a specific reservation of authority (including an ad hoc reservation), the final statement submitted pursuant to paragraph 7h above shall be accompanied by a brief cover memorandum requesting the Secretary's approval. The memorandum shall include signature lines for the concurrence of the Assistant Secretary for Environment and Urban Systems, the General Counsel, and the Under Secretary. A signature line for the Secretary's approval shall also be included.

10. ANNOUNCEMENT OF DECISIONS

The Assistant Secretary for Environment and Urban Systems will be responsible for informing the Office of Congressional Relations and the Office of Public Affairs of the Secretary's decisions so that they may inform their contacts and take other appropriate actions.

JOHN A. VOLPE, Secretary of Transportation.