\[Code of Federal Regulations\]

\[Title 22, Volume **1**\]

\[Revised as of April **1**, 2002\]

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+---+---+----------------+--------------------------------------------------+
|   |   | 161.1          | Purpose and scope.                               |
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|   |   | 161.2          | Policy.                                          |
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|   |   | 161.3          | Applicability.                                   |
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|   |   | 161.4          | Definitions.                                     |
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|   |   | 161.5          | Major decision points and timing.                |
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|   |   | 161.6          | Responsibilities of departmental officials.      |
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|   |   | 161.7          | Categories of actions.                           |
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|   |   | 161.8          | General description of the Department\'s NEPA    |
|   |   |                | process.                                         |
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|   |   | 161.9          | Specific steps in the Department\'s NEPA         |
|   |   |                | process.                                         |
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|   |   | 161.10         | Non-Federal applicants for permits.              |
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|   |   | 161.11         | Environmental review and consultation            |
|   |   |                | requirements.                                    |
+---+---+----------------+--------------------------------------------------+
|   |   | 161.12         | Environmental effects abroad of major            |
|   |   |                | departmental actions.                            |
+---+---+----------------+--------------------------------------------------+

**Subpart A\--General**

**Sec. 161.1 Purpose and scope.**

These Departmental regulations are designed to supplement the CEQ

Regulations and provide for the implementation of those provisions

identified in Sec. 1507.3(b) of the CEQ Regulations. The CEQ Regulations

are incorporated herein by reference. The Department\'s regulations seek

to assure that environmental considerations and values are incorporated

into the Department\'s decision-making process and assign responsibility

within the Department for assessing the significant environmental

effects in the United States of the Department\'s actions.

**Sec. 161.2 Policy.**

It is the policy of the Department of State to use all practicable

means, consistent with the Department\'s statutory authority, available

resources and national policy, to:

\(a\) Protect and enhance the quality of the environment;

\(b\) Ensure that environmental amenities and values are appropriately

considered in Departmental actions;

\(c\) Integrate planning and environmental review procedures with the

Department\'s decisionmaking process;

\(d\) Invite and facilitate, when appropriate, Federal, State and

local governmental authorities and public involvement in decisions which

affect the quality of the environment; and

\(e\) Recognize the worldwide and long-range character of

environmental concerns and, when consistent with the foreign policy of

the United States, lend appropriate support to initiatives, resolutions,

and programs designed to maximize international cooperation in

anticipating and preventing a decline in the quality of the world

environment.

**Sec. 161.3 Applicability**.

The provisions of these regulations apply to decisions on all

Departmental actions which may affect the quality of the environment

within the United States. The Department is establishing separate

environmental review procedures under Executive Order 12114 (January 4,

1979\) for actions having potential effects on the environment of global

commons or areas outside the jurisdiction of any nation, or on the

environment of foreign nations.

**Sec. 161.4 Definitions.**

Definitions for many terms used in these regulations may be found in

section 1508 of the CEQ Regulations. In addition, for the purpose of

these regulations, the term:

\(a\) Responsible action officer means the Department officer

principally responsible for the preparation of action memoranda and

other documents relating to a given Departmental action to which by

these regulations apply. Ordinarily, the responsible action officer will

be the country or office director whose office has action responsibility

for a given action.

\(b\) CEQ Regulations means the regulations implementing the

procedural provisions of the National Environmental Policy Act, issued

by the Council on Environmental Quality on November 29, 1978 (43 FR

55978-56007), and codified at 40 CFR parts 1500-1508.

\(c\) United States means the States, the Commonwealth of Puerto Rico,

the Commonwealth of the Northern Marianas, the Trust Territory of the

Pacific Islands, American Samoa, the U.S. Virgin Islands, Guam and the

other territories and possessions of the United States, including the

territorial seas thereof. For the purpose of these regulations, actions

having significant environmental effects on the resources of the U.S.

continental shelf or resources of the U.S. Fishery Conservation Zone

subject to the jurisdiction of the United States shall be considered to

be actions having significant environmental effects in the United

States.

\(d\) Environmental document means an environmental assessment, an

environmental impact statement, a Finding of No Significant Impact or a

Notice of Intent prepared under these regulations.

**Subpart B\--NEPA and Departmental Decision-making**

**Sec. 161.5 Major decision points and timing.**

\(a\) The responsible action officer shall ensure compliance with

these regulations at the earliest practicable stage of Departmental

study, consideration or planning of a proposed major Federal action

which could significantly affect the quality of the human environment.

To accomplish this the responsible action officer must ensure that data

developed during the review process is collected, analyzed and made

available for consideration early in planning and decision-making when
it

will be most valuable in formulating, reviewing and deciding upon

proposals for Departmental action.

\(b\) Environmental analysis and review of a proposed Departmental

action shall be conducted as early as practicable so as to be timely,

yet late enough to be relevant to the decision-making.

\(c\) Environmental documents should, whenever possible, accompany the

principal action memorandum relating to a proposed action. An

environmental document required in conjunction with conclusion of an

international agreement shall, where possible, be prepared and

circulated for review and comment before final negotiations begin. The

completed environmental document should thus ordinarily accompany the

principal action memorandum or request for authority to negotiate an

agreement under the Department\'s Circular 175 regulation (11 FAM 720).

\(d\) To the maximum extent possible an environmental document should

be prepared before the establishment of a final United States position

on a proposal. In such cases the document should indicate the

alternatives under consideration without specifying a Departmental

preference. If the content and dimensions of a proposed action will not

be clear until after the conclusion of an international negotiation or

if a decision to proceed on an action involving another nation or

international organization is required on short notice and before the

environmental document can be prepared, the environmental document

should be prepared as soon as possible after the conclusion of an agreed

text of a treaty or agreement on the proposed action. If the Senate\'s

advice and consent to a treaty with potential significant environmental

effects in the United States will be sought, the final environmental

impact statement should accompany other decision documentation for

ratification. Legislative environmental impact statements on proposed

treaties or legislation shall conform to the requirements of Sec. 1506.8

of the CEQ Regulations and must be prepared in time for Congressional

hearings and deliberations.

\(e\) Because actions having effects on the United States may to

varying degrees be initiated, influenced and conducted by other

countries, it is recognized that the preparation of environmental

documents for such actions must be adjusted to meet a variety of

circumstances. Bearing in mind the degree to which other countries

possess information on and the ability to affect the decision under

consideration, responsible action officers shall seek at all times to

prepare environmental analysis documents as early as feasible in the

decision-making process.

**Sec. 161.6 Responsibilities of departmental officials.**

\(a\) General. As a general rule, responsibility for preparing

environmental analysis documents will follow the Department\'s standard

organizational practices; in this way environmental considerations and

awareness of environmental responsibilities will be integrated most

readily and effectively into the usual decision-making processes.

\(1\) Departmental bureaus. Each bureau within the Department shall be

responsible for:

\(i\) Implementing these regulations and incorporating them into its

normal decision-making processes;

\(ii\) Identifying actions it intends to initiate which may affect

significantly the environment of the United States and employing the

environmental evaluation procedures outlined in these regulations to

ensure that necessary actions are taken to meet the requirements of

applicable laws and regulations;

\(iii\) Coordinating environmental assessment-related activities for

which it is responsible with the Office of Environment and Health in the

Bureau of Oceans and International Environmental and Scientific Affairs

and supporting and assisting the Office of Environment and Health in

implementing these regulations as required; and

\(iv\) Providing the personnel required to implement these

regulations, informing the Office of Environment and Health and the

Office of the Legal Adviser whenever it is anticipated that

environmental documents will be prepared under these regulations, and

consulting the Office of Environment and Health and the Office of the

Legal Adviser as necessary for guidance and assistance in the

preparation of such documents.

\(2\) Bureau of Oceans and International Environmental and Scientific

Affairs. Through its Office of Environment and Health the Bureau shall

have the primary responsibility for ensuring the Department\'s
compliance

with environmental policies, regulations and procedures. It shall

provide policy and professional direction and guidance within the

Department for implementing these regulations. It shall also assist

other bureaus in obtaining appropriate scientific advice and budgetary

resources to implement the regulations. The Office of Environment and

Health will act as the focal point for implementation, working closely

with the Departmental bureaus and the Office of the Legal Adviser. The

Bureau and other involved bureaus will work closely with the Assistant

Secretary for Congressional Relations in the preparation of

environmental documents relating to legislation. In carrying out its

responsibilities the Bureau shall:

\(i\) Coordinate the formulation, development and revision of

Departmental policies and positions on matters pertaining to

environmental evaluation and review;

\(ii\) Develop and ensure the implementation of Department-wide

standards, procedures and working relationships for environmental review

and compliance with applicable environmental laws and regulations;

\(iii\) Develop, as an integral part of the Department\'s basic

decision processes, procedures to ensure that environmental factors are

properly considered in all relevant proposals and decisions;

\(iv\) Monitor these processes to ensure that Departmental procedures

are achieving their purposes;

\(v\) Advise, assist and inform Departmental bureaus of the technical

and management aspects of environmental analysis, and of the relevant

expertise available in and outside the Department;

\(vi\) Establish and maintain working relationships with the Council

on Environmental Quality, Environmental Protection Agency, and other

federal, State and local governmental agencies concerned with

environmental matters;

\(vii\) Represent the Department in working with other government

agencies and organizations to formulate, revise and achieve uniform

understanding and application of government-wide policies relating to

the environment;

\(viii\) Consolidate and transmit to the appropriate parties

Departmental comments on environmental impact statements and other

environmental reports prepared by other agencies; and

\(ix\) Acquire information for and prepare other Departmental reports

on environmental assessment matters.

\(3\) Office of the Legal Adviser. The Office of the Legal Adviser is

the principal Departmental authority on the legal aspects of

environmental matters and the implementation of these regulations and

shall advise and assist Departmental Bureaus in these matters.

\(4\) Bureau Environmental Coordinators. Each Departmental bureau and

major office shall designate an officer to act as coordinator, adviser

and principal point of contact for environmental matters within the

bureau. The bureau coordinator will advise and assist the bureau in

implementing these regulations and serve as a member of the Departmental

Committee of Environmental Coordinators.

\(5\) Departmental Committee of Environmental Coordinators. A

Departmental Committee of Environmental Coordinators shall be

established to assist in coordinating Departmental implementation of

these regulations; in providing advice on major issues, policies and

procedures relating to the Department\'s implementation of environmental

analysis requirements; and in ensuring general conformity of

Departmental implementation practices. The Committee\'s responsibility

will be to exchange information on the implementation of these

regulations, assist bureaus in early identification of Departmental

actions which should be analyzed for environmental effects and help to

coordinate and provide the appropriate analysis. The Committee will be

chaired by the Office of Environment and Health and will be comprised of

bureau and office coordinators designated by the respective bureaus and

offices.

(**6**) Outside contractors. Qualified outside contractors may be

employed to assist Departmental officers in preparing environmental

documents as required under these regulations.

**Sec. 161.7 Categories of actions.**

Departmental officers shall review each major Departmental action

having a potentially significant effect on the quality of the

environment in the United States. The need to prepare formal

environmental documents will depend on the scope of the action and the

context and intensity of any environmental effects expected if the

action is implemented. Departmental actions can generally be grouped

into three categories, as follows:

\(a\) Actions normally requiring environmental impact statements. Any

Departmental action deemed to have a \`\`significant effect upon the

quality of the human environment\'\' of the United States requires the

preparation of an environmental impact statement. The criteria to be

used in determining significance are set forth in Sec. 1508.27 of the

CEQ Regulations. The Department has reviewed representative actions and

has found no common pattern which would enable it to specify actions

normally requiring environmental impact statements. If developments

later enable such designations to be made the Department will publish a

description of proposed actions for such designation in the Federal

Register.

\(b\) Actions categorically excluded from the requirement to prepare

environmental impact statements. Categorical exclusion, as defined in

Sec. 1508.4 of the CEQ Regulations, provides for exclusion from

environmental review of specified actions which have as a class been

found to have no significant impact on the quality of the human

environment. Neither an environmental assessment nor an environmental

impact statement is ordinarily required for such actions. Departmental

actions categorically excluded from the requirements of these

regulations include the following:

\(1\) Routine conduct of Departmental and overseas political and

economic functions, including reporting on political and economic

developments, trends and activities, communicating to host governments

United States Government views, maintaining contact with foreign

officials and individuals, and facilitating trade opportunities abroad

and U.S. business expansion in foreign markets;

\(2\) Provision of consular services\--visas, passports and

citizenship, and special consular services, such as issuing or reviewing

passports and visas, taking legal depositions, notarizing absentee

ballots and other documents and delivering retirement checks, social

security payments and veterans benefits;

\(3\) Conduct of routine administrative functions, such as budget and

finance, personnel and general services. This includes routine

administrative procurements (e.g., general supplies, negotiating leases

for office space or staff housing, ordering supplies and arranging for

customs clearances); financial transactions, including salaries,

expenses and grants; routine management, formulation and allocation of

the Department\'s budget at all levels (this does not exempt the

preparation of environmental documents for proposals included in the

Department\'s budget when required); and personnel actions (e.g.,

promotions, hirings, and counseling American and host country employees

who work for the Department of State);

\(4\) Preparing for and participating in conferences, workshops or

meetings for information exchange, data collection or research or study

activities; and

\(5\) Document and information exchanges.

Even though an action may be categorically excluded from the need for an

environmental impact statement, if information developed during the

planning for the actions indicates the possibility that the particular

action in question may nonetheless cause significant environmental

effects, an environmental assessment shall be prepared to evaluate those

effects. Based upon the assessment, a determination will be made whether

to prepare an environmental impact statement. The Department may

designate additional actions for categorical exclusion by publishing a

listing of actions proposed for such designation in the Federal

Register.

\(c\) Actions normally requiring environmental assessments. An

environmental assessment shall provide the basis of the determination

whether an environmental impact statement is required. A Departmental

action shall require the preparation of an environmental assessment if

the action is not one known normally to require an environmental impact

statement and is not categorically excluded. Departmental actions

normally included in this category are actions for which the Department

has lead-agency responsibility and which may significantly affect the

human environment of the United States, such as those actions involving:

\(1\) Issuance of permits for construction of international bridges

and pipeline (see Executive Order 11423 and the International Bridge Act

of 1972 (Pub. L. 92-434, 86 Stat. 23));

\(2\) Wetlands, floodplains, endangered species and national

historical, archeological and recreational sites (see also specific

requirements for environmental review and consultation in Sec. 161.11 of

these regulations); and

\(3\) Ocean dumping, control of toxic substances, disposal and storage

of wastes and radioactive substances.

\(d\) Emergencies and other exceptional circumstances. Not every

Departmental activity will be considered a major Federal action for the

purposes of these regulations. Several limited classes of action which

might ordinarily be subject to these regulations will not be considered

major Federal actions requiring the preparation of an environmental

impact statement. Among them are the following:

\(1\) Actions taken in emergency circumstances and disaster and

emergency relief activities as defined in Sec. 1506.11 of the CEQ

Regulations (in such circumstances the responsible action officer should

consult with the Office of Environment and Health which shall consult

with the Council on Environmental Quality about appropriate alternative

arrangements);

\(2\) Mandatory actions required under any treaty or international

agreement to which the United States Government is a party, or required
by the

decisions of international organizations or authorities in which the

United States is a member or participant except when the United States

has substantial discretion over implementation of such requirements;

\(3\) Payment of contributions, either assessed or voluntary, to any

international organization of which the United States is a member

pursuant to the obligation of a treaty or other international agreement

or which is not for the purpose of carrying out a specifically

identifiable action which would affect the environment; and

\(4\) Support for or acquiescence in (by affirmative vote or agreement

to consensus) an activity or expenditure of funds by an international

organization where the United States has no unilateral right to control

such expenditures.

**Subpart C\--Environmental Review Procedures**

**Sec. 161.8 General description of the Department\'s NEPA process.**

In reviewing proposed actions for potential environmental effects in

the United States responsible action officers will follow the procedural

steps set forth below. These steps are developed in conjunction with the

procedural steps required by the CEQ Regulations which are referenced in

the following sections.

\(a\) Preliminary environmental evaluations. Early in the process of

considering any possible action the responsible action officer shall

review the action to determine if it may cause potential significant

environmental effects on the environment of the United States. A

proposed action shall be reviewed initially to determine into which of

the following three basic categories of action it falls:

\(1\) Actions normally requiring environmental impact statements;

\(2\) Actions categorically excluded from environmental impact

statements; or

\(3\) Actions normally requiring environmental assessments. If the

responsible action officer concludes that the proposed action is a major

action potentially having significant effects in the United States he

should, in cooperation with other appropriate Departmental officials,

carry out the steps described in these regulations. If during his review

of the location of potential environmental effects or following

preparation of an environmental assessment it is determined that the

action could affect the environment of the global commons or a foreign

nation the officer is responsible for ensuring compliance with the

Department\'s procedures for implementing Executive Order No. 12114 on

Environmental Effects Abroad of Major Federal Actions (Foreign Affairs

Manual, Volume 2).

\(b\) Environmental Assessment. An environmental assessment is a

concise document which analyzes potential environmental effects to

determine if an environmental impact statement is required (CEQ

Regulations Secs. 1501.3 and 1508.9). If the action does not fall into

either the category of those actions normally requiring an environmental

impact statement or that of actions categorically excluded from the

requirement to prepare an environmental impact statement, then the

responsible action officer, in cooperation with other Departmental

officials, shall prepare an environmental assessment to determine

whether it is necessary to prepare an environmental impact statement or

a \`\`Finding of no significant impact\'\'. If the action normally
requires

an environmental impact statement, there is ordinarily no need for the

preparation of an environmental assessment and the environmental impact

statement process should be initiated without preparing such an

assessment. If the action is categorically excluded, no further

environmental review is needed. If an environmental assessment is

prepared it may also be used to evaluate whether the proposed action may

have effects outside the United States.

\(c\) Finding of no significant impact. If the environmental

assessment indicates that the environmental effects of the action in the

United States are not significant, then the responsible action officer

shall make a \`\`Finding of no significant impact\'\', thereby
concluding

the NEPA review process (CEQ Regulations Secs. 1501.4 and 1508.13).

\(d\) Environmental impact statement. If the environmental assessment

demonstrates that the environmental effects of the action with the

United States may be \`\`significant\'\' (see Sec. 1508.27 of the CEQ

Regulations) the Department is required to prepare an environmental

impact statement (EIS) in accordance with these regulations (see also

CEQ Regulations Sec. 1501.**8**, part 1502 and Secs. 1506.2 through
1506.7).

In preparing the environmental impact statement the following steps will

be carried out:

\(1\) Notice of intent to prepare an EIS. If an impact statement is

required, the Department will publish in the Federal Register a
\`\`Notice

of intent\'\' to prepare such a statement (CEQ Regulations Secs. 1501.7

and 1508.22).

\(2\) Scoping procedures. The Department will then hold a scoping

meeting with interested agencies and individuals to determine the proper

content (\`\`scope\'\') of the statement (CEQ Regulations Secs. 1501.7
and

1508.25).

\(3\) Draft environmental impact statement (DEIS). The Department will

then prepare a draft EIS (DEIS) which will be filed with the

Environmental Protection Agency and circulated to agencies and the

public for comment for at least 45 days, except where the CEQ

Regulations and these regulations permit the time period to be shortened

(CEQ Regulations Sec. 1501.**8**, part 1502, Secs. 1506.2 through
1506.7,

1506.10(d) and 1506.11; 161.7(d), 161.9(n)(2)).

\(4\) Final environmental impact statement (FEIS). In light of the

comments and following any revision in the draft EIS, the Department

will file with the Environmental Protection Agency and circulate to

agencies and the public a final EIS at least 30 days before making a

final decision on the action, except where the CEQ Regulations and these

regulations permit the time period to be shortened (CEQ Regulations

Secs. 1506.9, 1506.10(d), 1506.11; 161.7(d), 161.9(n)(2)).

\(5\) Record of decision. After making a decision on the action, the

Department will make available a formal \`\`Record of decision\'\' (CEQ

Regulations Sec. 1505.2).

**Sec. 161.9** **Specific steps in the Department\'s NEPA process.**

\(a\) Decision whether to prepare an EIS. In deciding whether to

prepare an environmental impact statement, the responsible action

officer shall make an initial review in the early planning stages of a

proposed action to identify and evaluate potential environmental effects

of the actions and all reasonable measures which may be taken to

mitigate adverse impacts. This review must be conducted in conjunction

with all requests under the Department\'s Circular 175 procedure (11 FAM

720), with all actions involving the obligation of funds within the

Department\'s annual or supplemental budget submissions to the Office of

Management and Budget, and with other actions when a potentially

significant environmental impact may result. The responsible action

officer shall ensure that the principal action memoranda prepared for

such actions properly reflect the environmental review in all cases. No

written statement is required in the case of actions which do not raise

the question of environmental impacts. The environmental evaluation

document prepared shall be considered along with political, economic and

other decision-making factors relating to the proposed action.

\(1\) Review of the categories of actions. During the initial

environmental review of the proposed action, the responsible action

officer should classify the proposed Departmental action as one either

normally requiring an environmental impact statement, normally not

requiring such a statement, or normally requiring an environmental

assessment. (See Sec. 1504.1 of the CEQ Regulations and Sec. 161.7 of

these regulations.)

\(i\) Actions normally requiring environmental statements.

Environmental assessments are not required for actions which it is

already known will require the preparation of environmental impact

statements. For each major Departmental action which, in the view of the

responsible action officer meets the criteria of this section, he shall,

in cooperation with the Office of Environment and Health, initiate steps

to prepare an environmental impact statement. This will be accomplished

by preparing a \`\`Notice of intent\'\' to prepare an EIS (see Sec.
1508.22 of

the CEQ Regulations). The Office of Environment and Health shall arrange

for publication of the notice in the Federal Register (see

Sec. 1507.3(e) of the CEQ Regulations). The responsible action officer

shall then apply the procedures set forth in Sec. 161.8 of these

regulations to determine the scope of the proposed EIS, and proceed to

prepare and release the environmental impact statement in accordance

with CEQ and Departmental regulations. If, however, the responsible

action officer believes that the proposed action, though included within

or closely similar to one which normally requires the preparation of an

EIS, will itself have no significant impact, he should conduct an

environmental assessment in accordance with the CEQ Regulations

(Sec. 1508.**9**). If the assessment demonstrates that there will be no

significant impact, he should prepare a \`\`Finding of no significant

impact\'\' and provide for public review a notice of this finding in

accordance with Secs. 1501.4(e) and 1506.6 of the CEQ Regulations.

\(ii\) Actions categorically excluded. Separate detailed documentation

is not normally required for actions which are categorically excluded

and which are therefore exempt from the requirement of preparations of

an environmental assessment or environmental impact statement. However,

the responsible action officer shall note in the action memorandum

concerning the action that the proposed action has been reviewed under

the Department\'s environmental procedures and determined to be

categorically excluded. The Office of Environment and Health shall

periodically review actions in the classes categorically excluded under

these regulations to determine if the original decision to categorically

exclude the class remains valid. If such a review determines that a

proposed action may have a significant impact on the human environment

the necessary revision in the categorical exclusion shall be made and an

environmental assessment shall be prepared to determine the need for the

preparation of an environmental impact statement.

\(iii\) Actions normally requiring environmental assessments. For each

action meeting the criteria of this section the responsible action

officer shall prepare an environmental assessment (see Secs. 1501.3 and

1508.**9** of the CEQ Regulations) and, on the basis of that assessment,

determine if an EIS is required. If the determination is that no

environmental impact statement is required, the responsible action

officer shall, in coordination with the Office of Environment and

Health, prepare a \`\`Finding of no significant impact\'\' (see Secs.
1501.4

and 1508.13 of the CEQ Regulations). The \`\`Finding of no significant

impact\'\' shall be made available to the public through direct

distribution and publication in the Federal Register. If the

determination is that an environmental impact statement is required, the

official shall proceed with the \`\`Notice of intent\'\' to prepare an
EIS

and the subsequent steps in the preparation and release of an EIS in

accordance with the CEQ Regulations (Secs. 1501.7, 1507.3 and 1508.22)

and these regulations.

\(2\) Preparation of environmental assessments. Environmental

assessments, as defined in the CEQ Regulations (Sec. 1508.**9**), should
be

prepared as directed in Sec. 1501.3 of the CEQ Regulations. The

environmental assessment shall be used to determine whether to prepare

an environmental impact statement or a \`\`Finding of no significant

impact\'\'. The assessment shall include a brief discussion of the need

for the proposed action, of alternatives and of environmental impacts

and a listing of agencies and persons consulted in preparing the

assessment.

\(3\) Notice of intent to prepare an EIS. As soon as practicable after

deciding to prepare an environmental impact statement and before

initiating the scoping process (see Sec. 161.**9**(b) of these
regulations)

the Department or another lead agency, if one is designated in

accordance with Sec. 1501.5 of the CEQ Regulations, shall publish in the

Federal Register a \`\`Notice of intent\'\' to prepare an EIS in
accordance

with Secs. 1501.7 and 1508.22 of the CEQ Regulations. The Office of

Environment and Health shall arrange for publishing the notice.

\(b\) Scoping. The Department shall conduct an early and open meeting

with interested agencies and the public for determining the scope of
issues to be

addressed in a given environmental impact statement and for identifying
the significant

issues related to a proposed action. The elements of the scoping process

are defined in Sec. 1501.7 of the CEQ Regulations and must include

consideration of the range of actions, alternatives, and impacts

discussed in Sec. 1508.25 of the CEQ Regulations.

\(c\) Cooperation with other agencies. Departmental officials are

encouraged to cooperate with other agencies and the public throughout

the conduct of the Department\'s NEPA process. The Office of Environment

and Health shall ensure also that the Department reviews the draft and

final impact statements submitted for review by other agencies

(Sec. 1502.19 of the CEQ Regulations). Where appropriate and to

eliminate duplication it shall arrange to prepare environmental

assessments and impact statements jointly with other Federal or State

agencies. Where possible it will arrange for the department to
\`\`adopt\'\'

statements prepared by other agencies (Sec. 1506.3 of the CEQ

Regulations). It shall arrange lead and cooperating agency

responsibilities for preparing environmental documents (see Secs. 1501.5

and 1501.6 of CEQ Regulations).

\(d\) Preparation of draft environmental impact statement. The

responsible action officer shall be responsible for the preparation of

the draft environmental impact statement in the manner described in

Sec. 1501.8, part 1502, and Secs. 1506.2 through 1506.7 of the CEQ

Regulations. Preliminary copies of the draft environmental impact

statement and attachments shall be submitted to the Office of

Environment and Health before any formal review is conducted outside the

Department. This submission shall be accompanied by a list of Federal,

State, and local officials (Part 1503 of the CEQ Regulations) and a list

of other interested parties (Sec. 1506.6 of the CEQ Regulations) whose

comments shall be sought. The Office of Environment and Health shall

review the draft and obtain additional comments from other appropriate

Departmental bureaus and offices.

\(e\) Review of and comment on draft EIS. For external review, the

Office of Environment and Health shall transmit five copies of the

revised draft statement to the Environmental Protection Agency (EPA)

Office of Federal Activities. EPA will publish a notice of the

statement\'s availability the following week in the Federal Register.

Upon transmission of the draft statement to EPA, the Office of

Environment and Health shall also seek the views of appropriate agencies

and individuals in accordance with Part 1503 and Secs. 1506.6 and
1506.**9**

of the CEQ Regulations. It shall specify that replies are required at a

stated date not earlier than 45 days from the date of NEPA publication

of the draft statement availability. Any views submitted during the

comment period shall be provided to the responsible action officer in

the Department for consideration in preparing the final statement. To

the fullest extent possible, requirements for review and consultation

with other agencies on environmental matters established by statutes

other than NEPA, such as the review and consultation requirements of the

Endangered Species Act of 1973, as amended, should be met before or

through this review process (see Sec. 161.11 of these regulations). In

addition, the draft EIS shall list all environmentally-related federal

permits, licenses or other approvals required to implement the proposal

as specified in Sec. 1502.25(b) of the CEQ Regulations.

\(f\) Public involvement. (1) Departmental officials will make

diligent efforts to involve the public in implementing these regulations

as provided in Secs. 1501.4(e), 1503.1(a)(e) and 1506.6 of the CEQ

Regulations.

\(2\) Interested persons can obtain information on the Department\'s

environmental impact statements and other aspects of the Department\'s

NEPA process by contacting the Director, Office of Environment and

Health, Room 7820, Department of State, Washington, DC 20520 (tel. 202/

632-9266). Information pertaining to the NEPA process may be sent to the

above address. Federal Register notices concerning the Department\'s

environmental documents shall specify where such information relevant to

the documents in question may be obtained.

\(3\) The responsible action officer shall identify those persons,

community organizations, environmental interest groups, international

organizations or other bodies which may have an interest in or be

affected by the proposed Departmental action and who should therefore be

involved in the NEPA process. With the assistance of the Office of

Environment and Health, the responsible action shall transmit a list of

such persons, groups and organizations to the Office of Environment and

Health at the same time he submits:

\(i\) A recommendation regarding a \`\`Finding of no significant

impact\'\';

\(ii\) A \`\`Notice of intent to prepare an EIS\'\';

\(iii\) A recommendation on possible public hearings (see

Sec. 1506.6(c) of CEQ Regulations);

\(iv\) A draft EIS, or

\(v\) A final EIS.

\(4\) The responsible action officer shall consult with the Office of

Environment and Health and make recommendations regarding the need for

public hearings. The Office of Environment and Health shall, as

necessary, review such recommendations with the Office of the Legal

Adviser.

\(g\) Preparation of final environmental impact statement. (1) After

conclusion of the review process with other Federal, State and local

agencies and the public, the responsible action officer shall consider

suggestions received and revise the draft environmental impact statement

as appropriate in accordance with part 1502 and Sec. 1501.8 and

Secs. 1506.2 through 1506.7 of the CEQ Regulations.

\(2\) Five copies of the preliminary final environmental impact

statement, with attached copies of the comments received and suggested

responses, shall be provided to the Office of Environment and Health.

The Office of Environment and Health will, as appropriate, obtain

additional comments from any other appropriate Departmental bureau or

offices and notify the responsible action officer of any further changes

required and the number of final statements to be transmitted. The

Office of Environment and Health shall submit five copies of the final

statement to the Environmental Protection Agency\'s Office of

Environmental Review. Copies shall also be sent to all parties who

commented and to other interested parties in accordance with Sec.
1506.**9**

of the CEQ Regulations.

\(3\) Each draft and final statement, the supporting documentation,

and the \`\`Record of decision\'\' (see Sec. 161.**9**(h) of these
regulations)

shall be available for public review and copying at the Office of

Environment and Health (OES/ENH), Room 7820, Department of State,

Washington, DC 20520 (tel. 202/632-9267).

\(h\) Record of the decision. At the time of the decision on the

proposed action, the responsible Departmental official shall consult

with the Office of Environment and Health and prepare a concise
\`\`Record

of decision\'\' (see Sec. 1505.2 of the CEQ Regulations).

\(i\) Timing of EIS preparation and action decision. Preparation of an

environmental impact statement shall be initiated as soon as the

responsible action officer, in consultation with the Office of

Environment and Health and the Office of the Legal Adviser, has

determined that the statement shall be prepared. Except where permitted

by the CEQ Regulations (Secs. 1506.10(d), 1506.11) and these regulations

(Secs. 161.7(d), 161.**9**(n)(2)), no decision on the proposed action
shall

be made by the Department until the later of the following dates:

\(1\) Ninety (90) days after publication by EPA of a notice of

availability of a Departmental draft EIS.

\(2\) Thirty (30) days after publication by EPA of a notice of

availability of a departmental final EIS.

\(j\) Implementing and monitoring the decision. Section 1505.3 of the

CEQ Regulations establishes the procedures to be followed by the

Department in monitoring to assure that any mitigation measures or other

commitments associated with the decision and its implementation are

carried out. The Office of Environment and Health will maintain general

oversight and cooperate with bureau officers in such monitoring.

\(k\) Supplemental environmental impact statements. Departmental

officials shall supplement a draft EIS whenever an alternative which is

substantially different from those discussed in the draft is under

consideration or when the draft is otherwise out of date. A final EIS
shall be

supplemented when a substantial change is made in the proposed action or
when

significant new information on the environmental impacts comes to light.
A

supplemental EIS should be prepared, circulated and approved in

accordance with the provisions of Sec. 1502.**9** of the CEQ
Regulations. No

supplemental EIS need be prepared when the final decision on the action

in question has already been made. If there are reasons not to prepare a

supplemental EIS when one ordinarily would be called for, the

responsible action officer should consult with the Office of Environment

and Health, which shall consult with the Council on Environmental

Quality on the matter.

\(l\) Programmatic and generic environmental impact statements. (1)

Before preparing an environmental document under these regulations the

responsible action officer should determine if there exists a generic or

programmatic environmental document analyzing actions, effects or issues

similar to those involved in the proposed action. A generic

environmental document reviews the environmental effects that are

generic or common to a class of Departmental actions which may not be

specific to any single country or area. Where such a document is

prepared it could be applied to a number of similar specific country

applications. If a generic document exists and if it deals with relevant

similarities in the action, such as common timing, environmental

impacts, alternatives, methods of implementation or subject matter it

will not be necessary to prepare further environmental documentation.

\(2\) A programmatic environmental document shall focus its analysis

on the environmental aspects of an entire program rather than on the

specific elements of the program. If a programmatic environmental

document has already been prepared the responsible action officer should

determine whether it adequately deals with the environmental effects of

the particular action under review. If the programmatic document

adequately reviews the environmental impacts of the action under

consideration, then additional environmental documentation is not

required under these regulations. In preparing environmental documents

on specific actions, Departmental officers shall consider the

advisability of modifying or expanding the documents so they may serve

as generic or programmatic documents for a broader range of actions.

\(m\) Amendments. Amendments to these regulations may be made by the

Assistant Secretary for Oceans and International Environmental and

Scientific Affairs in consultation with other Departmental bureaus and

the Office of the Legal Adviser. Such amendments will be published in

the Federal Register after consultation with the Council on

Environmental Quality, in accordance with Sec. 1507.3 of the CEQ

Regulations, and public review and comment.

\(n\) Modifications. The Department\'s procedures for preparing

environmental documents may be modified to accommodate the following

circumstances:

\(1\) Classified material. Most Departmental environmental documents

will not normally contain classified or administratively controlled

material (see Sec. 1507.3(c) of the CEQ Regulations); in some cases,

however, an environmental document must include such material to

evaluate adequately environmental effects. In such cases Departmental

environmental documents, or portions thereof, may be classified. Such

material should, if possible, be confined to a classified annex of the

environmental document. Approval for classification must be granted with

the concurrence of the Assistant Secretary for Oceans and International

Environmental and Scientific Affairs and the Office of the Legal

Adviser, and the assistant secretary of the bureau with the action

responsibility for the proposed action. In these cases, Departmental

environmental documents or portions thereof may be classified in

accordance with the criteria set forth in Executive Order 12065, dated

December 1, 1978. Handling and disclosure of classified or

administratively controlled material shall be governed by 22 CFR part
**9**.

The portions of an environmental document which are not classified or

administratively controlled will be made available to persons outside

the Department, as provided in 22 CFR part **9**.

Classification does not preclude the obligation to ensure that

environmental documents are reviewed by competent scientific and

technical experts. Appropriate arrangements will be made through the

Office of Environment and Health for Federal agency review of classified

or administratively controlled environmental documents.

\(2\) Time periods for environmental review. When necessary to comply

with other specific statutory requirements or for compelling reasons of

national policy the Department may, by agreement with the Environmental

Protection Agency, modify time periods specified by the CEQ Regulations

for preparing environmental documents in accordance with Sec. 1506.10 of

the CEQ Regulations. See also provisions for emergency circumstances

contained in Sec. 1506.11 of the CEQ Regulations and Sec. 161.7(d) of

these regulations.

**Subpart D\--Coordination of Other Requirements of NEPA**

**Sec. 161.10** **Non-Federal applicants for permits.**

The Department is responsible for issuing international permits for

the construction of bridges and oil pipelines that cross the

international boundaries with Canada and Mexico. The Office of

Environment and Health will assist in preparation of the required

environmental analysis documentation for such permits. Applicants for

international permits may obtain information on the type of

environmental information needed and the extent of the applicant\'s

participation in the necessary environmental studies and their

documentation from the Office of the Legal Adviser, Department of State,

Washington, DC 20520 (tel. 202/632-0349). Applicants are encouraged to

consult early with the Department on the necessary environmental and

other requirements in order to expedite the NEPA process.

**Sec. 161.11 Environmental review and consultation requirements.**

In addition to the environmental review requirements of NEPA the

Department has other statutory environmental review and consultation

requirements. Departmental officials, in cooperation with the Office of

Environment and Health and the Office of the Legal Adviser shall, to the

maximum extent possible, conduct environmental review and consultation

for these additional requirements concurrently with and integrated with

preparation of assessments, and environmental impact statements. The

principal additional requirements affecting the Department of State\'s

actions are outlined below.

\(a\) Section 7 of the Endangered Species Act, as amended, 16 U.S.C.

1531 et seq., requires identification of and consultation on aspects of

any Departmental action that may have effects in the United States on

listed species or their habitat. As appropriate, written request for

consultation, along with the draft environmental document, shall be

conveyed by the Office of Environment and Health to the Regional

Director of the U.S. Fish and Wildlife Service or the National Marine

Fisheries Service, as appropriate, for the Region in the United States

where the action will be carried out.

\(b\) Section 106 of the National Historic Preservation Act of 1966,

as amended, 16 U.S.C. 470(f), requires identification of National

Register properties, eligible properties, or properties in the United

States which may be eligible for the National Register within the area

of the potential impact of a proposed Departmental action. Evaluation of

the impact of the action on such properties shall be discussed in draft

environmental impact statements and transmitted to the Advisory Council

on Historic Preservation for comments.

\(c\) Executive Order 11988 (Floodplains Management) and Executive

Order 11990 (Wetlands), requires identification of actions which will

occur in or affect a floodplain or wetland (e.g., in areas along the

boundary with Canada or Mexico). A comparative evaluation of such

actions shall be discussed in draft environmental impact statements and

transmitted to the U.S. Water Resources Council for comments.

\(d\) Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq.

\(e\) Section 309 of the Clean Air Act of 1955, as amended, 42 U.S.C.

7609\.

\(f\) Clean Water Act of 1977, 33 U.S.C. 1251 et seq.

\(g\) Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451

et seq.

\(h\) Marine Protection, Research and Sanctuaries Act of 1972, as

amended, 16 U.S.C. 1401 et seq.

\(i\) Deepwater Port Act of 1974, as amended, 33 U.S.C. 1501 et seq.

\(j\) Marine Mammal Protection Act of 1972, 16 U.S.C. 1361 et seq.

**Sec. 161.12** **Environmental effects abroad of major departmental
actions.**

Departmental officials shall analyze actions under their cognizance

with due regard for the environmental effects in the global commons and

areas outside the jurisdiction of any nation and in foreign

jurisdictions. Such analysis shall be prepared in accordance with

separate Departmental procedures (Foreign Affairs Manual, Volume 2),

dated September 4, 1979 for implementing Executive Order 12114,

\`\`Environmental Effects Abroad of Major Federal Actions\'\' (44 FR
1957),

dated January 4, 1979.