[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Notices]
[Pages 34895-34900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16304]
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GENERAL SERVICES ADMINISTRATION
Environmental Considerations in Decisionmaking and Compliance
With the National Environmental Policy Act
SUMMARY: The General Services Administration (GSA) has rewritten its
Orders establishing policy and assigning responsibilities for
implementing the National Environmental Policy Act (NEPA), its
implementing regulations, related laws, executive orders, and
regulations in the decisionmaking process of the GSA GSA. Order ADM
1095.1E, ``Environmental Preparation of Environmental Assessments and
Environmental Impact Statements,'' July 24, 1985, have been revised and
are to be reissued as GSA Order ADM 1095.1F and GSA PBS 1095.4C. Few
changes were made to GSA Order ADM 1095.1E. Revisions to this document
are mainly in the Responsibility section. Substantial changes were made
to PBS P 1095.4B. The revision, PBS 1095.4C, was reduced to an overview
of GSA's NEPA procedural requirements. The instructional step-by-step
portion of the document has been removed and expanded into a new
comprehensive PBS NEPA Desk Guide. The PBS NEPA Desk Guide, used in
conjunction with PBS 1095.4C, is intended to provide an increased level
of NEPA guidance to GSA.
WRITTEN COMMENTS/FURTHER INFORMATION: As part of the public review
process required prior to the implementation of new orders by Title 40
CFR 1507.3, ``Agency Procedures'', GSA solicits your written comments
on the revised orders at the following address: Colin Wagner, NEPA
Liaison, GSA, PBS, PXSC, room 2312, 1800 F Street, Washington, DC
20007. Written comments should be received no later than July 27, 1998.
Requests for the PBS NEPA Desk Guide and/or further information may
also be forwarded to this address. Both the Orders and the accompanying
PBS NEPA Desk Guide can be found and downloaded from the GSA NEPA CALL-
IN web site at www.gsa.gov/pbs/pt/call-in/nepa.htm.
MAILING LIST: If you wish to be placed on the project mailing list to
receive the final Orders and Desk Guide, contact Colin Wagner at the
address noted above.
Dated: June 11, 1998.
Wm. Colin Wagner,
GSA NEPA Liaison.
ADM 1095.1F
GSA ORDER
SUBJECT: Environmental considerations in decisionmaking
1. Purpose. This order establishes policy and assigns
responsibility for implementing the National Environmental Policy
Act (NEPA), its implementing regulations, and related laws,
executive orders, and regulations in the decisionmaking processes of
the General Services Administration (GSA).
2. Cancellation. ADM 1095.1E, dated December 8, 1995, is
canceled.
3. Background. The National Environmental Policy Act (NEPA) and
the Government wide implementing regulations of the Council on
Environmental Quality (40 CFR 1500-1508, hereinafter, the CEQ
regulations) require that each Federal agency consider the impact of
its actions on the human environment, and prescribes procedures to
be followed in doing so. Other laws, executive orders, and
regulations provide related direction. Each Federal agency is
required to implement internal procedures to ensure that the
requirements of NEPA are met. Existing orders are out of date and do
not provide for current requirements.
4. Nature of revision. This revision reflects a thorough
internal review of GSA's systems for implementing NEPA. It replaces
an interim order, ADM 1095.1E, which was adopted to govern GSA's
compliance with NEPA while this review took place. This revised
order is issued in coordination with
[[Page 34896]]
PBS 1095.4C and an explanatory desk guide to NEPA review, which
together provide GSA with an efficient, up-to-date NEPA compliance
system that is consistent with principles of accountability,
flexibility, and environmental responsibility.
5. Policy: In all its decisionmaking, GSA will attend carefully
to the National Environmental Policy set forth in Section 101 of
NEPA. To the maximum extent practicable, GSA will ensure that its
actions protect and where possible improve the quality of the human
environment, including the built and sociocultural environments of
the nation's urban areas. GSA decisionmakers will use the NEPA
review process prescribed in the CEQ regulations as a practical
planning tool, and integrate both the NEPA review process and the
Section 101 National Environmental Policy into decisionmaking in an
efficient, cost-effective manner. The NEPA review process will be
initiated at the earliest possible stage in planning any GSA action,
and will be carried forward in coordination with other planning
activities. Decisionmakers will ensure that they have reviewed and
fully understand the environmental impacts of each decision, before
making any such decision. All managers responsible for
decisionmaking on GSA actions will be accountable for being
knowledgeable about, and attendant to, the requirements of NEPA and
the National Environmental Policy that these requirements are
designed to advance.
6. Responsibilities.
6.a. Commissioner, Public Buildings Service (PBS). The
Commissioner acts for the Administrator, GSA, on matters relating to
NEPA implementation, and oversees implementation of this order. PBS
orders and related direction governs GSA compliance with NEPA and
related legal authorities.
6.b. Assistant Commissioner, Office of Business Performance
(PX).
6.b.(1) Is the principal GSA advisor on NEPA-related
requirements, including but not limited to compliance with NEPA and
the coordination of NEPA compliance with the requirements of the
laws and regulations listed in Appendix 1 of the NEPA Desk Guide.
6.b.(2) Provides expert advise on NEPA-related matters to GSA
Heads of Services, Business Lines, and Regional Administrators.
6.b.(3) Provides intra-agency and interagency liaison and
coordination on NEPA-related matters on a national basis.
6.b.(4) Provides and periodically updates GSA program guidance,
after consultation with the General Counsel, Heads of Services,
Business Lines, and Regional Administrators.
6.b.(5) Provides education and training within GSA pertinent to
implementation of NEPA and related authorities.
6.b.(6) Coordinates with the Office of Business Performance's
(PX) Environmental Executive regarding areas of shared or related
responsibility, in maintaining a record of GSA's environmental
activities, and in advancing the national environmental policy
articulated in NEPA and other statutes and executive orders.
6.b.(7) Serves as GSA representative in coordination with
outside groups at the national level regarding NEPA-related matters.
6.c. Regional Administrators.
6.c.(1) Are accountable for execution of GSA's responsibilities
under NEPA and related authorities with respect to actions under
their jurisdiction.
6.c.(2) Serve as the responsible agency official under CEQ
regulations with respect to the environmental effects of actions
under their jurisdiction.
6.c.(3) Maintain NEPA Regional Environmental Quality Advisors
(REQA) within their staffs, augmented as necessary through
interagency agreements and contracts, to ensure regional
interdisciplinary competence in environmental matters. To promote
nationwide consistency, the REQA should reside in Portfolio
Management (PT), although each business line should maintain its own
environmental expertise for project development and execution.
6.c.(4) In consultation with PT, ensure that all regional staff
with responsibility for planning, approving, and implementing
construction, repair, alteration, site and facility acquisition,
real property management, maintenance, and real property disposal
receive appropriate training in how to carry out GSA's
responsibilities under NEPA and related authorities.
6.d. GSA Environmental Executive.
6.d.(1) Serves as GSA's Environmental Executive under Executive
Order 12873.
6.d.(2) Coordinates with PT Liaison to ensure agency-wide
consistency in areas of shared or related responsibility, and in
advancing the national environmental policy articulated in NEPA and
other statutes and executive orders.
6.e. Heads of Services and Business Lines.
6.e.(1) Serve as the responsible agency officials under CEQ
regulations for actions subject to their approval.
6.e.(2) Ensure accountability for implementation of the policy
set forth in this order.
6.e.(3) In consultation with PT, ensure that staff responsible
for supporting the functions of the responsible agency official
under CEQ and related authorities receive appropriate training in
how to carry out GSA's responsibilities.
6.f. The Office of General Counsel.
6.f.(1) Is responsible for legal interpretation of NEPA and
related authorities, and represents GSA in litigation under such
authorities.
6.f.(2) Advises PT during the development and delivery of
guidance and training.
7. Administrative Guidance.
7.a. Central Office, Office of Business Performance (PX) is the
Agency center of expertise for NEPA and, as such, has overall
program responsibility for establishing procedures, training, and
professional standards, and for maintaining interagency
administrative responsibilities and relationships. These functions
will be carried out at the working level by a professional NEPA
Liaison staff.
7.b. Heads of Services and Business Lines will assist and
cooperate with PT in the development and delivery of training, as
well as procedural and program guidance, and act as coordinators for
program needs of the Services and Business lines on a national
basis.
7.c. Regional Business Lines have responsibility for ensuring
that NEPA compliance responsibilities are satisfied, and the policy
articulated in paragraph 5 of this order is followed, with respect
to their programs and projects. In consultation with the REQA, the
Business Lines will utilize interdisciplinary professional expertise
in their implementation of NEPA responsibilities.
8. Implementation of NEPA and related authorities.
8.a. In accordance with applicable regulations and standards,
and with program guidance provided by PT, the responsible agency
official shall:
8.a.(1) Ensure that the applicable requirements of NEPA and
related authorities are met in a timely manner during planning for
any GSA action, in a manner consistent with the policy articulated
in paragraph 5 of this order.
8.a.(2) Ensure that mitigation measures established through
review of actions under NEPA and related authorities are carried out
as part of implementing the actions.
8.a.(3) Ensure that the means by which GSA has met its
responsibilities, and the costs involved in doing so, are fully
documented.
8.b. The procedures set forth in PBS Order P 1095.4C shall be
followed in implementing NEPA and related authorities.
9. Effective Date. Every effort shall be made to implement the
provisions of this order immediately.
Administrator
PBS 1095.4C
COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT
1. Purpose. This order provides direction for carrying out the
procedural requirements of the National Environmental Policy Act
(NEPA) and related legal authorities, in furtherance of the policy
and direction provided in ADM 1095.1F.
2. Background. NEPA establishes as policy that the Federal
government will: ``use all practicable means, consistent with other
essential considerations of national policy, to improve and
coordinate Federal plans, functions, programs, and resources to the
end that the Nation may:
(1) Fulfill the responsibilities of each generation as trustee
of the environment for succeeding generations;
(2) Assure for all Americans safe, healthful, productive, and
esthetically and culturally pleasing surroundings;
(3) Attain the widest range of beneficial uses of the
environment without degradation, risk to health or safety, or other
undesirable and unintended consequences;
(4) Preserve important historic, cultural, and natural aspects
of our national heritage, and maintain, wherever possible, an
environment which supports diversity, and variety of individual
choice;
(5) Achieve a balance between population and resource use which
will permit high standards of living and a wide sharing of life's
amenities; and
(6) Enhance the quality of renewable resources and approach the
maximum
[[Page 34897]]
attainable recycling of depletable resources.'' (42 U.S.C. 4321(a))
As an important means of carrying out this policy, NEPA requires
Federal agencies to analyze the impacts of their proposed actions
(activities, programs, projects, legislation) on the environment,
and on the relationship of people with the environment. This
analysis is to be undertaken early in planning any such action, as
an aid to deciding whether or not the action will go forward, and if
so how. Consideration must be given to practicable alternative means
of achieving the purpose and need for the proposed action, and to
the alternative of not taking any action. The analysis is to be
completed, and used to inform the decisionmaker and make the public
aware of the action's potential impacts, before the decision is made
about whether and how to proceed with the action.
Analysis of environmental impacts must:
``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 in decisionmaking which
may have an impact on man's environment'' (42 U.S.C. 4322(2)(A))
NEPA also requires that, to the fullest extent possible,
analyses and consultations required by other environmental laws be
coordinated with those required under NEPA, to reduce redundancy,
paperwork, time, and cost.
Requirements for compliance with the procedural provisions of
NEPA are set forth in regulations issued by the Council on
Environmental Quality (40 CFR 1500-11508, hereinafter the CEQ
regulations). ADM 1095.1.F contains GSA's general policy regarding
NEPA implementation, and assigns responsibilities to the
Administrator, the Regional Administrators, Heads of Services and
Business Lines, the Commissioner, Public Buildings Service (PBS),
and the Office of Business Performance (PX) in PBS. This order
provides further detail regarding the conduct of NEPA impact
analyses.
3. Responsibilities
3.a. Assistant Commissioner, Office of Business Performance (PX)
3.a.(1) Advises the Commissioner, other Heads of Services and
Business Lines, Regional Administrators, and other GSA managers and
staff regarding NEPA implementation and related matters.
3.a.(2) Maintains a professional NEPA Liaison staff to carry out
this responsibility.
3.b. NEPA Liaison
3.b.(1) Coordinates compliance with NEPA and related authorities
throughout GSA on a day-to-day basis.
3.b.(2) Provides advice and assistance to Regional Office NEPA
Regional Environmental Quality Advisor (REQA).
3.b.(3) With the cooperation of Services, Business Lines, and
Regional Offices, provides guidance, education and training, and
advice about education and training standards and opportunities to
GSA personnel who have responsibilities to which NEPA requirements
may pertain.
3.b.(4) Coordinates with the Council on Environmental Quality
(CEQ) and other national oversight bodies;
3.b.(5) Represents GSA in interagency coordination on NEPA and
related matters on a national basis.
3.b.(6) Routinely solicits and acts upon the advice of REQAs in
developing program direction and carrying out the responsibilities
of the NEPA Liaison.
3.b.(7) Promulgates, maintains, and when necessary updates a
``NEPA Desk Guide'' providing detailed direction and advice
regarding NEPA implementation.
3.c. Regional Administrators.
3.c.(1) Are the responsible officials for compliance with NEPA
on actions under their jurisdiction.
3.c.(2) Maintain a NEPA Regional Environmental Quality Advisor
(REQA) as described below.
3.c.(3) Ensure that the REQA is empowered to advise and assist
in planning and decisionmaking on actions that could affect the
human environment, in a way and at a time in the planning and
decisionmaking process that maximizes the effectiveness of the
REQA's advice and assistance.
3.c.(4) Ensure that all Regional program staff involved in
planning and decisionmaking about actions that could affect the
human environment are made aware of GSA's responsibilities under
NEPA and related authorities, are acquainted with this order, ADM
1095.1F, and the NEPA Desk Guide, are held accountable for the
quality of their actions and decisions, and are required to
coordinate effectively with the REQA.
3.d. NEPA Regional Environmental Quality Advisor (REQA).
3.d.(1) Is the center of expertise maintained at the Regional
Office (RO) in which expertise in NEPA and related authorities such
as the National Historic Preservation Act and the Endangered Species
Act is maintained.
3.d.(2) Is located within PT or elsewhere in the RO
organizations where it can influence decisionmaking early in GSA's
planning or preparation for any action subject to review under NEPA
and related authorities.
3.d.(3) Is responsible for participation in GSA planning and
decisionmaking, for advising the Regional Administrator (RA),
Assistant Regional Administrator (ARA), and other decisionmakers,
and for providing training and technical assistance to all pertinent
GSA employees and contractors.
3.d.(4) Maintains interdisciplinary expertise in environmental
matters, through the employment of qualified staff and/or by
interagency agreement or under contract.
3.d.(5) Reviews all documentary products of GSA NEPA analyses,
and assists program staff in ensuring that such products, and the
analyses they report, are adequate and defensible.
3.d.(6) Maintains records of GSA NEPA compliance activities.
3.d.(7) Routinely interacts with and is assisted by, the NEPA
Liaison.
3.d.(8) Maintains an up-to-date NEPA Desk Guide and other
needed guidance material.
3.d.(9) Develops and maintains an up-to-date checklist for use
in determining whether an action requires an environmental
assessment or impact statement (the CATEX Checklist; see paragraph
4.b.(2)(a).
3.e. Program Staff.
3.e.(1) For the purposes of this order, include all GSA
employees responsible for the management and implementation of
program actions, such as project planning and development, project
management, leasing, and disposal of real property.
3.e.(2) Are responsible for:
3.e.(2)(a) With the assistance of the NEPA Liaison and REQAs,
developing and maintaining a thorough understanding of NEPA
requirements and the requirements of related authorities, and of the
policy articulated in ADM 1095.1F, as these pertain to their program
areas.
3.e.(2)(b) Ensuring that NEPA and related authorities are
complied with to the best of their abilities, as early as possible
in planning any action within their program areas.
3.e.(2)(c) Coordinating their programs, activities, and
projects with REQAs.
3.e.(2)(d) Implementing all mitigation and other commitments
resulting from NEPA compliance for actions under their authority.
4. Implementation of NEPA and related authorities.
4.a. Classification of GSA actions.
4.a.(1) All GSA actions fall into one of the following three
classes, in terms of requirements for review under NEPA: categorical
exclusions, environmental assessments, and environmental impact
statements.
4.a.(2) Program staff, in consultation with the REQA, are
responsible for classifying actions and undertaking the level of
analysis, consultation, and review appropriate to each.
4.b. Categorical Exclusions (CATEX)
4.b.(1) A categorical exclusion (CATEX) is a category of
actions which do not individually or cumulatively have a significant
effect on the human environment, except under extraordinary
circumstances (42 CFR 1508.4). Because they lack the potential for
effect, they do not require detailed analysis under NEPA.
4.b.(2) GSA recognizes two types of CATEX:
4.b.(2)(a) The Automatic CATEX: a category of action that is so
unlikely to have an effect on the environment that an action falling
into this category may be automatically assumed to require no
further review under NEPA, unless the responsible program staff
determine that an extraordinary circumstance may exist, whereupon a
CATEX Checklist must be prepared (see below). The likelihood of such
a circumstance is judged to be so low that no specific environmental
analysis is required.
4.b.(2)(b) The Checklist CATEX: a category of action that is
generally very unlikely to have a significant effect on the
environment, but that requires a cursory review to ensure that no
extraordinary circumstances exist. For an action falling into such a
category, a CATEX Checklist is completed, leading to a conclusion by
program staff, concurred in by the REQA, as to whether the action
needs further review under NEPA. The CATEX Checklist is developed
and maintained by the REQA, based on a model in the NEPA Desk Guide.
4.b.(3) Both Automatic and Checklist CATEXs are listed in
Appendix 1 and in the NEPA Desk Guide.
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4.c. Environmental Assessment (EA).
4.c.(1) An Environmental Assessment (EA) is a concise public
document prepared by or on behalf of GSA that assists GSA in
deciding whether there may be significant effects requiring a more
detailed Environmental Impact Statement is necessary, and where such
a Statement is not necessary, supports GSA's compliance with the
requirements of NEPA and related authorities.
4.c.(2) The analysis required for an EA leads either to a
Finding of No Significant Impact (FONSI) or a Notice of Intent (NOI)
to prepare an Environmental Impact Statement.
4.c.(3) Directions for preparing an EA are found in the NEPA
Desk Guide.
4.d. Environmental Impact Statement (EIS).
4.d.(1) An Environmental Impact Statement (EIS) is a detailed
analysis and report, meeting standards set forth in the CEQ
regulations, that details the environmental effects of a proposed
action and its alternatives. An EIS is prepared for any GSA action
that may have significant effects on the quality of the human
environment.
4.d.(2) Certain actions always are likely to have significant
effects on the quality of the human environment, and hence always
require an EIS. These classes of action are listed in Appendix 2.
4.d.(3) Where an action does not fall into one of the classes
listed in Appendix 2, the responsible GSA official shall ensure that
an EIS is prepared if it appears that the action is likely to have
significant effects on the quality of the human environment. An EA
may be prepared to aid in deciding whether an EIS is needed, or the
responsible official may decide to prepare an EIS without preparing
an EA.
4.d.(4) Direction for preparing, circulating, finalizing, and
using an EIS in decisionmaking are found in the NEPA Desk Guide, and
in the CEQ regulations.
4.e. Using NEPA in decisionmaking.
4.e.(1) Each Head of Service, Business Line, and Regional
Office shall establish internal systems to ensure that the
requirements of NEPA, related authorities, the CEQ regulations, ADM
1095.1F, and this order are carried out.
4.e.(2) Each such system shall ensure that:
4.e.(2)(a) Compliance with NEPA and related authorities begins
at the earliest point in planning any action, when the widest
reasonable range of alternatives is open for consideration.
4.e.(2)(b) The NEPA review process is carried out in
coordination with continued planning.
4.e.(2)(c) All personnel involved in planning actions should
view NEPA review as part of effective planning, not as a mere
documentation requirement.
4.e.(2)(d) Outside agencies, state and local governments,
Indian tribes, and the public are afforded reasonable opportunities
to participate in NEPA review, and to influence GSA decisions.
4.e.(2)(e) The results of NEPA review are fully considered by
each GSA decisionmaker before making a decision on an action subject
to such review.
4.e.(2)(f) Executives and other employees responsible for
aspects of NEPA review are held accountable for the performance of
such responsibilities, through performance reviews and other
administrative mechanisms.
5. Coordination with other authorities.
5.1. To the maximum extent feasible, NEPA review shall be
coordinated with review of proposed actions under other
environmental legal authorities, including but not limited to the
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), the National Historic Preservation Act (NHPA), the
Endangered Species Act (ESA), Executive Orders 11988 and 13006, and
other authorities listed in the NEPA Desk Guide.
5.2. In effecting such coordination, responsible GSA officials
will ensure that the substantive and procedural requirements of each
other authority are met, together with the requirements of NEPA. It
will be explicitly understood that compliance with NEPA does not
substitute for compliance with another authority, nor does
compliance with such other authority substitute for compliance with
NEPA.
6. Public involvement.
6.1. As part of its system for NEPA compliance, each Head of
Service, Business Line, and Regional Office shall provide for levels
and kinds of public involvement appropriate to the class of action
and its likely effects, taking into account the recommendations
regarding public involvement found in the NEPA Desk Guide.
6.2. Where a related authority provides specific procedures for
public involvement, the responsible GSA official shall ensure that
such procedures are addressed in the process of NEPA review.
6.3. Public involvement in GSA decisionmaking shall have as its
purpose the full disclosure of GSA actions and alternatives to the
public, within the constraints of GSA program authorities, and
giving the public a full opportunity to influence GSA decisions,
subject to the same constraints and the requirements of the Federal
Advisory Committees Act (FACA).
6.4. Pursuant to Executive Order 12898, special efforts will be
made to involve members of potentially affected low-income and
minority communities in NEPA review and decisionmaking. Such efforts
may include, but are not limited to, special programs of community
outreach, including cross-cultural programs, translations of
pertinent documents, and ensuring that translators are available at
public meetings.
7. Cooperating agencies.
7.1. The responsible GSA official may invite other agencies to
serve as cooperating agencies in the conduct of NEPA review on a GSA
action.
7.2. At a minimum, GSA will invite agency customers for GSA
services to participate as cooperating agencies. Other agencies with
jurisdiction by law or expertise may also be invited to serve as
cooperating agencies.
8. GSA Participation in NEPA compliance by other agencies.
8.1. GSA may participate in the NEPA process as a cooperating
agency for another lead agency's project, or as a commenter /
reviewer of another agency's NEPA document. GSA may also participate
in environmental studies carried out by non-federal parties (for
example, a local government conducting studies under a State
environmental policy law) where such studies are relevant to GSA's
interests or may be incorporated by GSA into its own studies under
NEPA. Where GSA will be responsible for a decision on a project that
is the subject of such a study, and has the authority to do so, GSA
will require that the study and its resulting documents meet the
standards set forth in the NEPA Desk Guide and related GSA
standards.
8.2. As a cooperating agency, GSA participates in the NEPA
process as requested by the lead agency, in accordance with 40 CFR
1501.6 of the CEQ regulations. Tasks may include participating in
meetings and providing specific information relevant to the matters
over which it has jurisdiction by law or expertise.
8.3. The responsible GSA official (Head of Service, Business
Line, or Regional Office) may provide comments and/or reviews of
another agency's NEPA documents, and/or other Federal and State
environmental documents. Such comments or reviews shall be provided
where the other agency so requests and the responsible official
determines that GSA has jurisdiction by law or special expertise,
and may be provided in other cases where the responsible official or
designee determines that GSA has an interest in the action covered
by the environmental document.
8.4. GSA has jurisdiction by law or expertise on the following
topics, as listed in 40 CFR Ch. V, Appendix II of the CEQ
regulations: Federal land management, Community development,
Historic, architectural, and archaeological resources.
8.5. GSA comments shall be in provided in accordance with 40 CFR
1503.3 of the CEQ regulations.
8.6. GSA comments shall be prepared in consultation with, or by,
the pertinent REQA and/or the Central Office NEPA Liaison.
9. NEPA Desk Guide.
All Heads of Service, Business Lines, and Regional Offices will
employ the NEPA Desk Guide issued and periodically updated by the
NEPA Liaison as guidance in carrying out this order and ADM 1095.1F.
Robert Peck,
Commissioner.
Appendix 1: Categorical Exclusions
1.1 PURPOSE
The stated purpose of Categorical Exclusions (CATEXs) is to
limit extensive NEPA analysis to those actions that may be major
Federal actions significantly affecting the quality of the human
environment, thus streamlining the NEPA process, saving time,
effort, and taxpayer dollars.
1.2 DEFINITION
An action is categorically excluded from the requirement to
prepare an EA or an EIS if it meets the following definition:
``Categorical exclusion'' means a category of actions which do
not individually or cumulatively have a significant effect on the
human environment and which have been
[[Page 34899]]
found to have no such effect in procedures adopted by a Federal
agency [. . .] and for which, therefore, neither an Environmental
Assessment nor an Environmental Impact Statement is required. 40 CFR
1508.4
GSA has identified two types of CATEXs: (1) the ``automatic''
CATEX, that by its very nature cannot be a major Federal action
significantly affecting the quality of the human environment, and
(2) the ``checklist'' CATEX, which requires completion of an
environmental checklist to ensure no ``extraordinary circumstances''
exist indicating the need for an EA or EIS.
1.3 AUTOMATIC CATEXs
The following are automatic CATEXs, requiring no checklist.
(a) Issuance of easements, licenses, or outleases for use of
space in existing Federal office buildings, where consistent with
local planning and zoning, provided Section 106 of the NHPA is
complied with where applicable.
(b) Acquisition of space within an existing structure, either by
purchase or lease, where no change in the general type of use and
only minimal change from previous occupancy level is proposed
(previous occupant need not have been a Federal tenant).
(c) Relocation of employees into existing Federally controlled
space, that does not involve a substantial change in the number of
employees or motor vehicles.
(d) Reductions in force or other personnel, administrative, or
ministerial actions, including bargaining with employee unions and
managing routine activities normally conducted to protect or
maintain GSA-controlled properties (e.g., security and custodial
services).
(e) Lease extensions, renewals, or succeeding leases.
(f) Outlease or license of government-controlled space, or
sublease of government-leased space to a non-Federal tenant when the
use will remain substantially the same.
(g) Acquisition of land or easements that result in no immediate
change in use and where subsequent compliance with NEPA and other
applicable laws and regulations will take place as needed.
(h) Site characterization studies and environmental monitoring,
including siting, construction, operation, and dismantling or
closing of characterization and monitoring devices. Such activities
include, but are not limited to:
(1) Site characterization and environmental monitoring
activities under RCRA and CERCLA;
(2) Geological, geophysical, geochemical, and engineering
surveys and mapping, including the establishment of survey marks;
(3) Installation and operation of field instruments, such as
streamgauging stations or flowmeasuring devices, telemetry systems,
geochemical monitoring tools, and geophysical exploration tools;
(4) Drilling of wells for sampling or monitoring of groundwater,
well logging, and installation of waterlevel recording devices in
wells;
(5) Aquifer response testing;
(6) Installation and operation of ambient air monitoring
equipment;
(7) Sampling and characterization of water, soil rock, or
contaminants;
(8) Sampling and characterization of water effluents, air
emissions, or solid waste streams;
(9) Sampling of flora or fauna; and
(10) Archeological, historic, and cultural resource
identification and evaluation studies in compliance with 36 CFR part
800 and 43 CFR part 7.
(i) Administrative actions such as procurement of consultant
services for appraisal or environmental analysis.
(j) Repair and alteration projects involving, but not adversely
affecting, properties listed on or eligible for the National
Register of Historic Places, when there is no evidence of community
controversy or other environmental issues. The process required by
Section 106 of the National Historic Preservation Act (NHPA) must be
followed; see ADM 1020.2.
(k) Repairs and alterations or modernization conducted in
accordance with applicable plans, such as Facility Master Plans,
where such plans have been reviewed under NEPA and there is no
evidence of community controversy or unresolved environmental
issues. The process required by Section 106 of the NHPA must be
followed; see ADM 1020.2.
(l) Repair to or replacement in kind of equipment or components
in GSA-controlled facilities without change in location, e.g. HVAC,
electrical distribution systems, windows, doors or roof.
(m) Facility maintenance, custodial, and groundskeeping
activities not involving environmentally sensitive areas (such as
eroded areas, wetlands, cultural sites, etc.), including window
washing, lawn mowing, trash collecting, and snow removal.
(n) Procurement contracts for professional services and supplies
not addressed elsewhere here.
(o) Preparation of implementation guidance.
(p) Studies that involve no commitment of resources other than
manpower and funding.
(q) Assisting Federal agencies in public utilities management
(excluding communications), negotiating for public utility services
on behalf of Federal agencies, and providing expert testimony before
public utility regulatory bodies.
r. Federal real property utilization surveys in accordance with
Executive Order 12348.
s. Real property inspections for compliance with deed
restrictions.
t. Administrative action by GSA to remove clouds on titles.
u. Disposal of real property required by public law wherein
Congress has specifically exempted the action from the requirements
of NEPA.
1.4 CHECKLIST CATEXs
The following are categorical exclusions that require
preparation of a checklist to ensure that no extraordinary
circumstances exist that would require preparation of an EA or EIS.
a. Acquisition of land which is not in a floodplain or other
environmentally sensitive area and does not result in condemnation.
b. Acquisition of space by Federal construction or lease
construction, or expansion or improvement of an existing facility
where all of the following conditions are met:
1. The structure and proposed use are substantially in
compliance with local planning and zoning and any applicable State
or Federal requirements;
2. The proposed use will not substantially increase the number
of motor vehicles at the facility;
3. The site and the scale of construction are consistent with
those of existing adjacent or nearby buildings; and
4. There is no evidence of community controversy or other
environmental issues.
c. Property disposal actions undertaken for another Federal
agency, where that agency has already documented compliance with
applicable legal requirements such as NEPA, NHPA, CERCLA, Endangered
Species Act. (See ADM 1095.1d.)
d. Transfers of real property to Federal, State, and local
agencies, and Indian Tribes.
e. Assignments of real property to another Federal agency for
subsequent conveyance to a State or local agency, or to eligible
non-profit institutions for health, educational, or park and
recreation uses.
f. Disposal of real property to State or local agencies for
wildlife conservation and historic monument purposes.
g. Disposal of real property required by public law wherein
Congress has not specifically exempted the action from the
requirements of NEPA.
h. Issuance of easements, licenses, or outleases for use of
space in Federal facilities other than existing office buildings.
i. Disposal of related personal property, demountable
structures, transmission lines, utility poles, railroad ties, and
track.
j. Disposal of properties where the size, area, topography, and
zoning are similar to existing surrounding properties and/or where
current and reasonable anticipated uses are or would be similar to
current surrounding uses (e.g., commercial store in a commercial
strip, warehouse in an urban complex, office building in downtown
area, row house or vacant lot in an urban area).
k. Abrogation of use restrictions contained in the conveyance
documents of previous disposals when:
l. Upon request of another Federal agency for concurrence, GSA
only provides concurrence subject to the requesting agency's
compliance with NEPA, or
m. GSA has no reason to believe that the abrogation will result
in a significant change in property use, or
n. The abrogation is for a reduction in time only.
o. Sale of improvements to underlying property fee owner and
disposal of fee ownership to parties who have had possession and/or
use of the property for five years or more through permit, lease,
license, or easement.
Appendix 2: Actions Requiring Environmental Impact Statement
The following actions are considered to be major Federal actions
significantly affecting the quality of the human environment, and
therefore must be the subjects of Environmental Impact Statements
(EIS), as
[[Page 34900]]
must any other action that an Environmental Assessment (EA)
indicates may have significant environmental effects:
Master plans for Federally owned major buildings,
building complexes, and sites (Note: EIS should be designed so that
subsequent EISs and EAs can be tiered off it).
Acquisition of space by Federal construction or lease
construction, or expansion or improvement of an existing facility,
where one or more of the following applies:
--The structure and/or proposed use are not substantially consistent
with local planning and zoning or any applicable State or Federal
requirements.
--The proposed use will substantially increase the number of motor
vehicles at the facility.
--The site and scale of construction are not consistent with those
of existing adjacent or nearby buildings.
--There is evidence of current or potential community controversy
about environmental justice or other environmental issues.
Space acquisition programs projected for a substantial
geographical area (e.g., a metropolitan area) for a 3-to-5-year
period or greater (Note: a PEIS is often appropriate here, off which
subsequent EISs and EAs can be tiered).
[FR Doc. 98-16304 Filed 6-25-98; 8:45 am]
BILLING CODE 6820-BR-U
