OSMRE NEPA HANDBOOK 2.D.1.

D. Finding of No Significant Impact (FONSI)

1.

2.

Introduction--The term "Finding of No Significant
Impact" is defined in 40 CFR 1508.13. The FONSI and
EA should be made available to the public in accordance
with 40 CFR 1506.6 (See FONSI Flowchart, Figure 3.)

Format---A FONSI is a separate document to which an EA
is attached and which notes any other related
environnental document. When a FONSI is based on an
OSMRE-prepared EA, the recommended format is as
outlined in Attachment 2.3.. When a FONSI is based on a
State-, applicant-, other-agency-, or other-party-
prepared EA, the recommended format is as outlined in
Attachment 2.4. While the FONSI format may vary fron
that recommended, the content should remain consistent
with Attachments 2.3 and 2.4, as appropriate.

Need for a Public Review Period

a. A decision should be made on whether a public
review period is appropriate. Under 40 CFR
1501.4(e) (2), an agency should make the EA and
proposed FONSI available for 30 days of public
review under either of the following
circumstances:

° The action is, or is very similar to, one
which normally requires an EIS under the
OSMRE procedures in 516 DM 6, Appendix 8.

° The nature of the action is without
precedent.

In either circumstance, no further action should
be taken on the EA until after the 30-day review
period ends. This public review may include a
published notice of the availability of the EA,
other relevant documents, and the intent to make a
FONSI based on the EA.

b. Even if a public review period is not required,
the EA preparer should consider whether there is
eicher substantial environmental controversy
coicerning the proposed action or a request for a
review period and/or hearing from another agency
with jurisdiction over the action (40 CFR
1536.6(c)) in determining whether to have a


OSMRE NEPA HANDBOOK 2.F.2.

2. Historic Properties

ae

Compliance-~An OSMRE action may necessitate
compliance with section 106 of the National
Historic Preservation Act of 1966 (Public Law
89-665), as amended; Executive Order 11593,
Protection and Enhancement of the Cultural
Environment; the Archeological and Historic
Preservation Act of 1974 (Public Law

93-291}; Part 800 of Title 36 CFR (Protection
and Historic and Cultural Properties) which
implements section 106 of Public Law 89-665
and Executive Order 11593; Parts 60 and 63 of
Title 36 CFR; and any other applicable
implementing regulations.

Responsibilities--OSMRE has the
responsibility, in accordance with 36 CFR
800.1(c) (1) (i), to make a reasonable and good
faith effort to identify historic and
cultural resources in the vicinity of an
OSMRE action. Historic and cultural
resources include historic districts,
objects, archeological remains, and historic
structures. This information may be used, as
appropriate, in the NEPA document.

3. Wetlands

a.

Compliance--An OSMRE action may necessitate
compliance with the provisions of E.O. 11990,
Protection of Wetlands.

Responsibilities--Where applicable, an action
should be planned and/or carried out ina
manner that assures the protection,
preservation and enhancement of wetlands to
the fullest extent practicable. OSMRE
documents the effects of each applicable
action on wetlands in accordance with E.0O.
11990. This information, along with the
"Wetlands Finding," may be included an EA,
EIS, or CED.

4. Floodplains

a.

Compliance--An OSMRE action may necessitate
compliance with £.0. 11988, Floodplain
Management.

2-30


OSMRE NEPA HANDBOOK 2.E.3.s.

Response to Comments--Responses to written or oral
ng testimony should be prepared as soon as
ble after the reporter's transcript of the
testimony is received. In the final EIS, hearing
testimony should be organized by major topics, and
the agency responses to those comments made
collectively, whenever appropriate. A summary of
hea:ring testimony dealing specifically with the
EIS is published in the final EIS. A response is
required in the FEIS to all comment letters
received on the DEIS during the comment period,
and to substantive oral and written comments
received at hearings (516 DM 4.17, 40 CFR 1503.4).
This is a particularly important, critical step in
the EIS/public participation process. Responses
to comments received after the close of the
comment period should be included whenever
possible if they do not delay publication of the
final EIS. If time constraints prevent preparing
responses to late comments, the comments alone
should be included in the final EIS, if possible.
Each comment letter should be printed individually
in the final EIS with a reference to the response.
Whe:re a response to a substantive comment is
exceptionally voluminous but appropriate to more
than one comment, subsequent responses should
reference the initial response. All responses
should be clearly stated and provide support for
the agency's position.

Preliminary Final EIS (PFEIS)--All revisions in
the DEIS prompted by public comment and agency
review are incorpor-ted into a PFEIS. Normally,
team members retain responsibility for the same
sections of the draft and final EIS. In rare
inszances, if the changes made in response to
comments are minor and include only factual
cor:-ections or explanations of why no further
OSMRE response is warranted, the changes may be
written on errata sheets and attached to the
dratt EIS (40 CFR 1503.4(c)). Regardless of
whether the draft EIS is rewritten or the changes
are attached to it with a new cover sheet, the
PFEIS is circulated by BEEA for internal OSMRE
review. (Also, OEPR reviews the PFEIS when it is
a non-delegated EIS.) Solicitors at the field or
headquarters level provide legal sufficiency



b.

OSMRE NEPA HANDBOOK 2.F.9.a.

standards as a guide for noise levels for
particular activities if they are at least
as stringent as any existing Federal
standards.

Responsibilities--OSMRE should identify all
existing activities or land uses which may be
adversely affected by noise resulting from an
OSMRE action. When an OSMRE action is
expected to surpass the State standard for a
noise level for an activity, OSMRE should
explore alternatives which may reduce noise
impact. OSMRE will also give special
attention to the location of noise-

sensitive sites, such as hospitals, schools,
and nursing homes. If there are no
mitigating measures in the proposed action to
reduce the noise impact, OSMRE should
determine what alternative mitigating
measures could be used to reduce the noise
impact, such as scheduling machinery
operation, etc. OSMRE can establish noise-
reducing procedures to be included in
mitigation measures as part of a permit,
Record of Decision, etc., to ensure noise
impacts are reduced.


OSMRE NEPA HANDBOOK 2.B.3.a.

Irveversible and irretrievable commitments of
resources. This is an important concern in
determining significance in terms of indirect
impacts, cumulative impacts, relevant legal
cr:.teria, and the relationship between short-term
uses of the human environment and maintenance and
enhancement of long-term productivity (40 CFR
1508.27, 40 CFR 1502.16).

(1! Consider whether the proposed action could
cause environmental damage that cannot be
reversed or mitigated (40 CFR 1502.16(h)).

(2! Consider indirect impacts that commonly are
not obvious during the initial analysis of an
action. They may affect social and cultural
values, including alterations of life style
and quality of life (40 CFR 1502.16(b), and
1508.8).

In addition to the consideration of the
environmental resources, factors, and concerns
no‘zed above, use the professional judgment and
experience of the various disciplines of OSMRE
staff, as appropriate to assist in determining
siynificance. Consider consulting with agencies
other than OSMRE. If any legal questions arise,
consultation with the Headquarters Office of the
Solicitor may be useful; however, this should be
done through the Headquarters program staff.

Leyal issues specific to a field action should be
handled through the Field Solicitor. The
determination of whether the environmental impacts
of a proposed action are significant may
eventually be subject to comment by other agencies
ani the public through public comment/response
procedures of the NEPA process. Potential

imoacts may be identified at interagency or public
scoping meetings. However, the ultimate decision
rests with OSMRE, as lead agency, as to whether an
impact is significant.

Determining "Significant Issues"--It is necessary to

systematically assess the impacts of a proposed action
on individual environmental resources, factors or
concerns; or cumulative impacts on one or more
environmental resource, factor or concern when
combined. A key aspect in evaluating environmental
impacts is to ensure the inclusion of all

2-3


OSMRE NEPA HANDBOOK 2.G.
Attachment 2.6

In Reply
Refer To:
4110
EVP-3
Memorandum
To: Assistant Director, Program Policy
From: Chief, Division of Technical Services

Subject: Approval to Print and Distribute the Final Petition
Evaluation Document/Environmental Impact Statement

(PED/EIS) for Black Diamond, Washington, OSMRE-PE~7 and
EIS-21

The subject final PED/EIS is transmitted herewith for your
approval to print and distribute. All reviews of the final
PED/EIS have been completed and all appropriate revisions and
corrections have been incorporated.

Printing and distributing of the subject final PED/EIS is
approved:

Assistant Director, Program Policy Date

Attachment


OSMRE NEPA HANDBOOK 2.G.
Attachment 2.4

U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
FINDING OF NO SIGNIFICANT IMPACT
FOR
{Title of proposed Federal Action)

Introduction

Summarize sections A, B, and C of the EA. Explain WHO
wants to do WHAT, WHY, WHEN, WHERE and HOW.

Statement of Environmental Significance of the Proposed
Action

The undersigned person has determined that the above-named
proposed action would not have a significant impact on the
quality of the human environment under section 102(2)(C) of
the National Environmental Policy Act of 1969 (NEPA), 42
U.S.C. 4332(2)(C) and therefore, an environmental impact
statement is not required. This finding of no significant
impact is based on the attached (State, applicant or other
party, agency, etc.) prepared environmental assessment
(reference other environmental documents as appropriate)
which has been independently evaluated by OSMRE and
determined to adequately and accurately assess the
environmental impacts of the proposed action and to provide
sufficient evidence and analysis for this finding of no
significant impact. OSMRE takes full responsibility for
the accuracy, scope and content of the attached
environmental assessment. 7 7*ditionally, OSMRE bases this
finding on the following reasons.

Reasons

Give the reason that the impact on each affected
environmental resource, factor, or concern would not be
significant based on the severity of impact according to 40
CFR 1508.27(b) (1) to (10) (see handbook appendix II). For
example, for wetlands in the project vicinity:

"]). The project avoids wetlands in the proximity of
the project." (Incorporate background
information from the attached EA by reference.)

Include specific references to sections, paragraphs, or
sentences which document any special problems or areas

2-42


OSMRE NEPA HANDBOOK 3.A.1.e.

Leadership Responsibility--An OSMRE staff member
should be designated to coordinate the OSMRE role
as a cooperating agency. This OSMRE coordinator,
responsible to the ADPP, for Headquarters-—
originated actions, or ADFO, for Field Operations
office~originated actions, for all activities of
OSMRE personnel in the EIS process, informs the
ADPP or ADFO of EIS assignments and the progress
of OSMRE staff. OSMRE staff carry out their work
as assigned by the coordinator. The coordinator
is not responsible for the EIS, but sees that
OSMRE assignments are done on time, that they are
technically correct, and that they reflect agency
policy. The coordinator ensures that any comments
received at OSMRE are forwarded to the lead agency
team leader, accompanied by an OSMRE response
where appropriate.

Interdisciplinary Team Review--As a cooperating
agency, OSMRE should formally comment on the draft

EIS daring the public comment period. Formal
comments from OSMRE should identify areas of
concern and required changes in the document based
on special expertise or jurisdiction.

Respoise to Public Comments--OSMRE staff assists
lead agency personnel in responding to public
commeits and revising the document in those
sections relating to OSMRE responsibility or
expertise. If OSMRE and lead agency staff cannot
concur on responses or changes, OSMRE ADPP should
be notified, so that if necessary the matter can
be referred by the ADPP to higher levels of
OSMRE, DOI, or CEQ.

2. Interagency Coordination

a.

Respoisibility--For Field Operations office-
originated actions, the ADFO or his designee,
ensures that OSMRE responsibilities as lead agency
are carried out. For Headquarters-originated
actions, the ADPP or his designee ensures that
lead agency responsibilities are carried out. In
extraordinary circumstances (e.g., an action
transcends more than one Field Operations area,
etc.) the ADPP through BEEA designates the
individual responsible for assuring that OSMRE


OSMRE NEPA HANDBOOK 3.D.1.

environmental conflicts. When considering whether to
hold a public hearing, the responsible official should
consider the magnitude of or underlying issues of the
proposed action, the degree of public interest in it,
and the benefits of having a hearing. A public hearing
requires intensive preparation, beginning as soon as
the decision is made to hold one. The public hearing
is not an adversary process. Commenters are encouraged
to express their views but are not allowed to question
or argue with panel members on any substantive issues.
They may only present comments and ask questions
pertaining to NEPA procedures. Participants are
encouraged to submit a written copy of their comments
to OSMRE. Generally, hearings are presided over by an
OSMRE official.

When To Prepare for a Public Hearing or Meeting

a. Preparation for a public hearing should begin at
least 60 days before the anticipated hearing date.
Notice of the hearing should appear in the Federal
Register at least 30 days before the hearing. At
least 10 working days should be allowed for the
proposed notice to clear OSMRE and Departmental
review, when required, and another 3 days for the
proposed notice to be published after it is
delivered to the Office of the Federal Register.

b. Preparation for a public hearing or meeting may
involve a Federal Register notice. Scoping
meetings require scheduling similar to that for
public hearings. Other meetings may not require
this level of advai.ce notice and preparation.

BEEA should be consulted regarding the content and
timing of public hearing and meeting notices when
a Federal Register announcement is made.

Preparation--Preparation for both hearings and
meetings must begin well in advance and include
determining whether to hold a hearing or meeting;
determining their number and location(s); making
arrangetents for specific dates, times and locations;
arranging for Federal Register and/or newspaper
notice; arranging for a presiding officer; determing
whether a loud-speaker system would be needed;
arranging for a record of the proceedings; developing


OSMRE NEPA HANDBOOK 2.G.
Attachment 2.3

U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
FINDING OF NO SIGNIFICANT IMPACT
FOR
(Title of proposed Federal action)

Introduction

Summarize sections A, B, and C of the EA. Explain WHO
wants to do WHAT, WHY, WHEN, WHERE and HOW.

Statement of Environmental Significance of the Proposed
Action

The undersigned person has determined that the above-named
proposed action would not have a significant impact on the
quality of the human environment under section 102(2)(C) of
the National Environmental Policy Act of 1969 (NEPA), 42
U.S.C. 4332(2)(C) and therefore, an environmental impact
statement is not required. This finding of no significant
impact is based on the attached OSMRE environmental
assessment (reference other environmental documents as
appropriate) which identifies and discusses the
environmental impacts of the proposed action and the
reasons stated below.

Reasons

Give the reason that the impact on each affected
environmental resource, fac*»%r, or concern would not be
significant based on the severity of impact according to 40
CFR 1508.27(b) (1) to (10) (see handbook appendix II). For
example, for wetlands in the project vicinity:

"1. The project avoids wetlands in the proximity of
the project." (Incorporate background
irformation from the attached EA by reference.)

Include specific references to sections, paragraphs, or
sentences which document any special problems or areas
where judgment is clearly relevant. DO NOT repeat details
mentioned ir-the EA, incorporate those details by reference
to the EA. Mitigation measures may also be referenced.

For example:


OSMRE NEPA HANDBOOK 2.E.2.d.

The NOI may be combined with other notices related
to the proposed action if such notices are
published in the Federal Register.

Process (See EIS Flowchart, Figure C)

General Requirements--An EIS provides the
decisionmaker and the public with a complete,
obyective evaluation of significant environmental
impacts, both beneficial and adverse, resulting
from a proposed action and its reasonable
alternatives (40 CFR 1502.1). The EIS should
provide concise analysis and conclusions, helpful
to decisionmakers. Technical analyses and data
may be an important part of EIS preparation but
generally are not included in the text. Such
material should be incorporated by reference,
summarized in the text, or, if needed to substan-
tiate statements made in the EIS, put in an
appendix.

Commencement--If it has not been done prior to
publication of the NOI, a project leader
responsible for managing the preparation of the
EI should be designated.

Preparation Plan--After publication of the NOI,
the EIS process continues with arrangements for
scoping. Planning for preparation of the EIS
also includes selection of project team members,
and development of the EIS preparation outline,
schedule, and management framework.

Obtaining Contractor Support--It may be desirable
to obtain contractor support for preparation of

some or all of the EIS. Contractor support must
be planned well in advance because of the
tineframes associated with Federal procurement.
The key to good contracting is a carefully
detailed statement of work and intensive
management of the contractor. Refer to the OSMRE
manual, “Contracting for Program and Project
Officers," and consult with contracting officers.
In appendix V, the Environmental Protection
Agency third-party method for EIS preparation is
presented. This method conforms with NEPA and the
CEQ regulations, and may be used by OSMRE.


OSMRE NEPA HANDBOOK 2.F.4.b.

Responsibilities--OSMRE determines if any
land affected by the proposed action is
located in the base floodplain, as defined by
the executive order. This determination
should be made using either Federal Insurance
Administration (FIA) maps, or if no FIA maps
exist, the best maps available. An
encroachment is based solely upon any part of
the land being located in the floodplain.

For purposes of this Executive Order, the
waterway itself is considered part of the
floodplain. OSMRE documents the effects of
the action on Floodplains in accordance with
the executive order. This information may be
included in an EA, EIS, or CED.

and Wildlife

Compliance--An OSMRE action may necessitate
compliance with the Fish and Wildlife
Coordination Act (Public Law 85-624), as
amended; or the Endangered Species Act of
1973 (Public Law 93-205), as amended.

Fish and Wildlife Coordination Act--Following
section 2 of the Fish and Wildlife
Coordination Act, OSMRE coordinates with the
appropriate field and regional offices of the
U.S. Fish and Wildlife Service (USFWS) and
the State fish and wildlife agencies to
ensure that prior to the proposed action
careful consideration is given to the
concerns of th se agencies. The impact
analysis of the OSMRE action on fish and
wildlife resources in the NEPA document
should discuss this coordination. The NEPA
document also should describe any mitigative
measures that were considered or adopted as a
result of this coordination. 40 CFR 1502.25
requires that to the fullest extent possible,
agencies shall prepare NEPA documents
concurrently with and integrated with
environmental impact analyses and related
surveys and studies required by the laws
listed in paragraph 2.F.5.a.



OSMRE NEPA HANDBOOK

Handbook on Procedures for
Implementing the National Environmental Policy Act

CHAPTER 1. INTRODJCTION

A. Purpose--This handbook contains internal operating
procedures for use by the Office of Surface Mining
Reclamation and Enforcement (OSMRE) in complying with the
National Environmental Policy Act of 1969 (NEPA) and its
related legal requirements (See Figure A.) The handbook
provides guidance to OSMRE personnel concerning existing
legal requirements but does not create, add to, or
otherwise modify any legal requirement. Should any
discrepancy between this handbook and a legal requirement
exist, the leyal requirement should be followed.

B. Policy--Departmental policy, and thus OSMRE policy, is to
interpret and administer, to the fullest extent possible,
its policies, regulations and applicable public laws in
accordance with the policies of NEPA (516 DM 1.2C).

Cc. Scope--This handbook primarily pertains to OSMRE compliance
with the following legal requirements:

1. The National Environmental Policy Act of 1969 (NEPA),
Public Law 91-190; 42 U.S.C. 4321-4347, January 1,
1970, as amended by Public Law 94-52, July 3, 1975, and
Public Law 94-83, August 9, 1975. (For the full text
of NEPA, see Appendix I of this handbook.)

NEPA applies to Federal actions that have an impact on
the quality of the human environment, including those
taken by OSMRE. Most of this handbook pertains to the
procedural requirements of sections 102(2)(C), (D), and
(E) of NEPA and including the preparation of NEPA
documents.

2. Executive Order 11514, March 5, 1970, Protection and
Enhancement of Environmental Quality, As Amended by
Executive Order 11991 (Secs. 2(q) and 3(h)), May 24
1977.

The executive order applies to all Federal agencies,
including OSMRE, for

° previding leadership and developing programs for
environmental protection and enhancement;


OSMRE NEPA HANDBOOK 2.E.3.0.

of availability should be sent to BEEA, which
arranges for its publication. BEEA staff may send
the notice to the Federal Register prior to
receipt of the printed EIS so that it can be
published on the day the EIS is made available to
the public. The date when OSMRE publishes this
notice must be before the date the review period
for a DEIS begins. The 45-day review period
begins on the date when the EPA Office of Federal
Activities publishes a notice in the Federal
Register stating that the EIS has been filed with
EPA. The DOI 60-day review period begins when the
EIS is filed with EPA.

Distribution of the Printed Draft or Final EIS

(1) The project leader should prepare the
following:

° A distribution memorandum and a mailing
list to circulate the draft or final EIS
for review.

° Mailing labels and envelopes.

The EIS should be mailed with a transmittal
memorandum. ES 84-4, 85-2 and 40 CFR 1502.19
and 1503.1 list those who must be given the
opportunity to comment on the draft EIS
before the final EIS is prepared. OSMRE
requests comments on the draft EIS from State
and local governments, applicable Federal
agencies, and “ndian tribes. The cooperating
and other applicable agencies should each be
sent a copy of the EIS. The project leader
should ensure that copies of the printed EIS
are made available for public review in
OSMRE's Administrative Record room in
Headquarters, both OSMRE Field Operations
Offices, and the Department of the Interior
Library (Information Products Branch, Room
2258, Main Interior Building, Washington, DC
20240. The Interior Library receives three
copies.)


NEPA HANDBOOK 2.D.3.b.

puklic review period. Lack of a public review
period for the EA on a controversial proposed
action may increase the likelihood of a challenge
of the FONSI and, thus, delay final agency action.

c. The preparer should plan the timing of the public
review period and draft a notice (for the Federal
Register, newspapers, etc.) announcing the
availability of the EA. The review period may not
begin until the EA is available to interested
parties.

Need for _a Public Meeting--The EA preparer may

consider holding public meetings and soliciting written
comments. The meeting should be planned early enough
to allow ample time for public notices.

Reconsideration of a FONSI--If public review elicits
concern with the conclusions reached by the EA and the
intent to prepare a FONSI, the preparer should
reconsider the contents of the EA and the
appropriateness of the FONSI. The preparer is not
required to respond to comments on the EA. However,
importart issues raised by commenters may be
summarized in the EA. Options to be considered
include:

a. No _ Change--Continue the EA/FONSI approval
prccess.

b. Further Analysis~-Additional public meetings and
conment period could, in some instances, resolve
the controversy ex, ~ditiously.

Cc. Preceed With NOI--Substantial public controversy
over potential impacts on the quality of the
hunan environment may also raise the need to
prepare an EIS (40 CFR 1508.27).

d. Revise the EA--This option may be appropriate if,
during the EA/FONSI process, it appears that the
anelysis or conclusions in the EA were inadequate
or erroneous or the proposal has changed. If the
EA is revised, the procedures described in the EA
section of this handbook should be repeated.


OSMRE EPA HANDBOOK 2.E.3.e.

Tining of Agency Action--There are mandatory time
periods to the decision process, with certain
exceptions (40 CFR 1506.10 and 516 DM 5.7). No
decision on a proposed action can be made until
either 90 days after EPA has published in the
Federal Register a notice of the filing of the
draft EIS, or until 30 days after EPA has
published notice of the filing of the final EIS,
whichever date is later (516 DM 4.24). (In case
of rare exceptions, i.e., an appeal of a
Federally-issued permit for mining, consult with
BEEA.)

(1) Extensions--OSMRE may extend the time
periods discussed in the preceeding section
(40 CFR 1506.10(d)).

(2) Reductions-~For non-delegated EIS's and for
compelling reasons of national policy, OSMRE
may request through OEPR that EPA reduce the
waiting periods for decisionmaking (40 CFR
1506.10(d) and 516 DM 4.24. Non-delegated
EIS's are defined in 516 DM 8.3B.). These
requests to OEPR are made through BEEA.

(3) Changes in Proposed Action--Features of the
proposal may change as the EIS is being
prepared. If possible, anticipate changes in
the proposed action. These changes are an
integral part of the EIS process and play a
role in the development of alternatives and
mitigation. Also, information developed
during EIS pre~aration can result in changes
in the proposed action and/or alternatives.
Where changes are extensive, the EIS
schedule may have to be revised. The ADFO or
ADPP, as appropriate, should be advised of
any such schedule revisions. Applicants and
proponents may also revise their proposals in
response to the draft EIS or public comments.
Substantial changes in a proposal that are
relevant to environmental concerns
necessitate the preparation of a supplemental
EIS (40 CFR 1502.9(c)). See handbook section
2.E.3.K.

Scoping--The basic purpose of scoping is to
compile a list of potentially significant issues
for analysis in the EIS. Section 2.B. of this
har.dbook contains guidance on what "significant

2-16


OSMRE NEPA HANDBOOK 2.E.2.a.

Notice of Intent for publication in the Federal
Register (40 CFR 1501.7 and 1508.22). The NOI
documentation is made up of:

°

°

o

the EA, if prepared;

other supporting analysis or documents, if
prepared; and

Federal Register notice of intent.

Approval Procedures

(1)

(2)

Field Operations: The NOI is prepared in the
Field Operations Office and approved by the
ADFO by signing the Federal Register notice.
This notice is sent to BEEA, which arranges
for its publication.

Headquarters: The NOI is prepared in BEEA
and approved by the ADPP by signing the
Federal Register notice. The NOI is returned
to BEEA, which arranges for publication.

Publication and Distribution--As noted above the

NOI should be prepared once it has been decided to
prepare an EIS. However, publication in the
Federal Register may be postponed if preparation
of the EIS is not to be initiated within 3 months
of this decision (516 DM 2.3D). The NOI must be
published before the formal scoping process for
the EIS begins (40 CFR 1501.7). BEEA shall send a
copy of the NOI to EPR.

NOI Format--The contents of the NOI (Attachment
2.5), as specified in 40 CFR 1508.22 are--

o

Brief description of the proposed action and
reasonable alternatives.

Brief description of the proposed scoping
process, and an invitation for the public to
participate in scoping, including the time,
date, and location of any scoping meeting
planned.

Name and address of the person who can

answer questions about the proposed action
and the EIS.

2-12


OSMRE NEPA HANDBOOK 2.E.3.q.

Public Comment Period on the Draft EIS--The public
comment period for the draft EIS must not end less
than 60 days from the date of transmittal of the
EIS to EPA (516 DM 4.24(A)), and must not end
less than 45 days from the date of the EPA Notice
of availability in the Federal Register (40 CFR
1506.10(c)). Anyone may submit a written request
for an extension of the comment period. For
delegated EIS's, the ADPP may request that BEEA
obtain EPA permission to extend or reduce the
45-day comment period upon a showing of

compelling reasons of national policy (40 CFR
1506.10(d). For nondelegated EIS's, OEPR makes
this request.

Arranging Public Hearings or Meetings

(1) Public hearings on an EIS may be held
whenever appropriate or required by statute
(40 CFR 1506.6(c)). CEQ criteria for
determining whether to hold a hearing include
substantial environmental controversy
concerning the proposal, substantial
interest in holding a hearing, or a request
for a hearing by another agency with
jurisdiction over the proposed action,
supported by reasons describing why a hearing
would be helpful.

(2) If one or more hearings are held, planning
for them should be completed by the time the
printed EIS is delivered to OSMRE, so the
Federal Regist r notice announcing the
availability of the EIS can include their
dates, times, and locations. The date
scheduled for a public hearing or meeting
should provide the public with a reasonable
amount of time in which to review the draft
EIS. Generally, a hearing should be held at
least 30 days after the EPA notice of
availability is published, but early enough
in the EIS preparation process to allow time
for attendees to submit subsequent written
comments and OSMRE staff to adequately
address comments in the FEIS.


OSMRE NEPA HANDBOOK 2.C.5.

public interest. Such EA's should evidence
solicitetion of comments as well as consideration of
comments. received (40 CFR 1501.4(b)).

Outside Discussions--All conversations with persons
outside the Department should be documented for the
record. The data or intentions of one party should not
be discussed with another. Although it is important to
obtain input from applicants or petitioners and from
the public, preliminary OSMRE conclusions should not be
discussed. The content of conversations must be
limited to public information. The general timetable
and scheduling of the EA may be discussed; however, it
is important to make clear that dates may change.
Beyond general assurances that concerns of the
applicants or petitioners and of the public will be
taken into consideration, it is inappropriate to
discuss the content of an EA before its release.


OSMRE NEPA HANDBOOK 3.B.1.

(40 CFR 1500.4(h)). However, the conclusions reached
by the adopting agency may not be the same as those of
the preparing agency. Therefore, in adopting another
agency's environmental documents, OSMRE must ensure
that the findings of the document are in full
compliance with NEPA and OSMRE policy. Adhere to the
following procedures when adopting environmental
documents prepared by other agencies. (Also see
section 2.C.4.b. of this handbook).

Environmental Assessments (EA's) and FONSI's (516 DM
3.6)--If the EA is adequate. from a NEPA standpoint and
the proposed action in the EA is substantially the same
as the proposed OSMRE action and meets OSMRE

procedural requirements, OSMRE can adopt an EA prepared
by another agency, applicant, etc., as its own. In
doing so, OSMRE must review the EA and assume full
responsibility for its scope and content as if OSMRE
had prepared it. If review of the EA by the
responsible OSMRE official results in a finding of no
significant impact (FONSI), a FONSI should be prepared
using the format in attachment 2.4 of this handbook.
This attachment serves as both a statement adopting the
other agency's EA and a finding of no significant
impact. A separate adoption statement is not needed.
Should the responsible OSMRE official determine that
the other agency's EA is not adequate, the EA must be
augmented or rewritten. This augmentation or rewrite
may be done by the other agency at the request of
OSMRE. However, if the other agency is unable to do
so, the responsible OSMRE official shall augment or
rewrite the EA. The other agency's EA may be used as
the basis for the OSMRE -ugmentation or rewrite and may
be incorporated by reference into the OSMRE EA to the
extent it is adequate.

Environmental Impact Statement (EIS) (40 CFR 1506.3)

a. OSMRE may adopt a draft or final EIS of another
agency if the EIS adequately addresses the impacts
of the proposed OSMRE action and meets the
standards for an adequate statement under 40 CFR
1506.3. A notice of intent to adopt should be
published in the Federal Register. When adopting
an EIS of another agency, the responsible OSMRE
official shall state this fact in the Record of
Decision (ROD). A suggested format for stating
this is: “After an independent review of (specify
lead agency) environmental impact statement, I

3-5


OSMRE NEPA HANDBOOK 1.5.
PFEIS - Preliminary Final Environmental Impact Statement

SMCRA - Surface Mining Control and Reclamation Act of 1977,
30 U.S.C. 1201 et seq.

Use and Organization of This Handbook--This handbook should
be used in conjunction with the CEQ regulations (Appendix
II) and the COI Departmental Manual (Appendix III) in
planning and implementing NEPA compliance for OSMRE actions.
Specific sections of the CEQ regulations and the
Departmental Manual are cross-referenced by section numbers
in parentheses. It is important to refer to the
cross-referenced sections for a wider perspective, as well
as for details applicable to certain situations.

Responsible Staff

1. Director, Office of Surface Mining Reclamation and
Enforcenent (OSMRE)--The Director is ultimately
responsible for agency NEPA compliance (516 DM 6,
Appendix 8.1).

2. Deputy [Tirector, Operations and Technical Services--
The Deputy Director, Operations and Technical Services
(DD/OTS) is responsible for the overall implementation
of NEPA. Except for functions specifically reserved to
the Director, the DD/OTS represents the Director to
Secretarial Offices, other Federal and State agencies,
and the general public on NEPA matters (116 DM 4.1).

3. Assistarit Director, Program Policy--The Assistant
Director, Program Policy (ADPP) is responsible for the
approval] or disapproval -f draft and final EIS's and
for issuing notices of intent (NOI's) to prepare such
document's. For EA/FONSI's prepared at Headquarters, or
those requiring Headquarters' approval, final review
and approval is by the ADPP.

4. Assistant Directors, Field Operations~-Assistant
Directors, Field Operations (ADFO), are responsible for
the preparation of NEPA documents for actions taken at
the field level. For EA/FONSI's prepared in Field
Operations Offices, final review and approval of the
document: is by the ADFO.

5. Chief, Division of Technical Services (DTS) --The
Chief, DTS, is responsible for ensuring agency
compliance with NEPA and other related environmental
laws, regulations, orders and directives.

1-6


OSMRE NEPA HANDBOOK 2.E.3.1.

Preliminary Draft EIS (PDEIS)--The EIS project
leader produces a PDEIS for review by the ADFO
(fcr Field Operations Office EIS's), who will
cocrdinate the review by the Field Solicitor, and
Chief, DTS, who will coordinate review by the
Associate Solicitor, DSM-SOL, and OEPR through
BEFA. All necessary figures, tables, graphs and
phctographs are developed and referenced in draft
form. All references and bibliographic materials
are assembled. A copy of each reference cited
must be available to the public, either in a
likrary or in the appropriate OSMRE office. BEEA
staff assists the project leader in developing a
corsensus among all Headquarters reviewers and the
prcject leader on the required revisions to be
made in the PDEIS. Since approval of the DEIS by
the ADPP is contingent upon these revisions, this
prcecedure ensures quick approval of the DEIS when
conpleted and submitted for approval to print and
distribute. Therefore, ADPP approval to print and
distribute the DEIS should be merely a
corfirmation that the revisions previously agreed
upen are included in the DEIS.

Aprproval--The draft and final EIS is approved for
printing and distribution by the Assistant
Director, Program Policy, or for non~delegated
EIg's by the Assistant Secretary --- Policy,
Bucget and Administration through OEPR (Non-
delegated EIS's are defined in 516 DM 6.3B.)
Dreft and final EIS's must be filed with OEPR and
with EPA as they are distributed. OEPR assigns a
DE1S or FEIS number to the document at the time of
filing (DES or FES number). A sample memorandum
approving an EIS for printing and distribution is
provided in Attachment 2.6 (516 DM 6.3, ES 85-2,
anc. ES 81-4). BEEA provides the memorandums for
approving non-delegated EIS's on a case-by-case
basis.

Precedures for Headquarters Review of Draft and
Firal ETS's.

(1) ADFO should submit three copies of the draft
DEIS or FEIS to BEEA for Headguarters review
and comments. The EIS must be typed, edited
and contain copies of the final graphics. If
any further changes are required prior to


OSMRE NEPA HANDBOOK
CHAPTER 4. SPECIAL CONSIDERATION FOR CERTAIN ACTIONS
A. Unsuitability Petitions

1.  Introduction—This section briefly discusses key areas of
emphasis in preparation of NEPA documents for petitions to
designate lands as unsuitable for all or certain types of surface
coal mining operations, or to have such a designation terminated.
Petitions dealing with Federal lands are processed in accordance
with 30 CFR Part 769. Petitions on lands in a State where OSMRE
is the regulatory authority are processed in accordance with that
State's program. The following procedures relate directly to
NEPA compliance and should be followed in conjunction with the
OSMRE direct:ve: Processing Petitions to Designate Lands as
Unsuitable for Surface Coal Mining Operations and Termination of
Previous Des:.gnation.

2. Petition Evauation Document/National Environmental Policy Act
(PED/NEPA) Document.

a. Preparat:ion of Draft PED/NEPA Document--The ADFO prepares
the combined draft PED/NEPA document which satisfies the
requirenents of both SMCRA and NEPA and is prepared in
accordance with this handbook.

b. Hearing---If a draft PED/EIS is being prepared as part of
petition processing, the hearing on the petition may also
cover the draft EIS.

c. Final PiD/NEPA Document—The ADFO shall prepare the final
PED/NEPA document, including responses to public comments on
the draft.

d. Final Decision--After completing final PED/NEPA document
process.ing, the ADFO sends to the Deputy Director, OTS a
recommendation memorandum, draft decision document, draft
statement of reasons, and draft Federal Register notice
announcing the availability of the decision. The Director's
decision document, final statement of reasons, final Federal
Registe:: notice announcing the availability of the final
document: and the decision, and the letter to the petitioner
are prepared by the Headquarters Coordinator and included
with the Headquarters Coordinator's memorandum.

B. Mining Plan Permis: Application Packages (PAP)

1. Introduction—This section discusses key areas of interaction
between the processing of a PAP and associated NEPA compliance.
Separate documents should be written for technical review of

4-1


Cc.

OSMRE NEPA HANDBOOK 4.B.2.b.

the existing environment, and an assessment of the impacts
on the environment as a result of the proposed action and
alternat:ives. Responsibility for information contained in a
NEPA document cannot be delegated to a State regulatory
authority. Therefore, when a State assists OSMRE in the
NEPA process by listing impacts in its technical analysis,
OSMRE must evaluate these impacts and describe them in the
impact section of the OSMRE NEPA document. If an agency
having ‘jurisdiction and authority to set and enforce
relevant: environmental standards under related environmental
laws recommends that a reasonable permit condition be
included in the permit, impacts of this recommended
alternattive permit condition must also be fully analyzed in
the NEPA document (30 CFR 740.13(c) (5), 30 CFR 773.13(b) and
30 CFR 773.17).

Abandoned Mine Land Reclamation Program

i.

2.

Introduction--This section presents the general responsibilities
of organizational units within OSMRE for complying with NEPA for
the decision to fund abandoned mine land reclamation (AMIR)
projects.

NEPA Documen': Responsibilities

a.

Secretay Discretionary Fund AMIR Projects--The proposed
action is the decision to fund Federal projects that are
planned, administered, and contracted by the Eastern and
Western Field Operations Offices (EFO and WFO). The EFO or
WFO mus’: prepare an environmental assessment (EA) and
finding of no significant impact (FONSI), or an
environmental impact statement (EIS).

Cooperazive Agreements (CA's) With States or Indian Tribes——
The proposed action is the decision to fund Federal

project:s that are conducted by a State or Indian tribe.
Either the State or Indian tribe, or EFO or WFO may prepare
the EA, depending on the CA for the specific project. The
EFO or WFO is responsible for the scope and content of the
NEPA document. The FONSI is prepared by EFO or WFO and
signed by the ADFO. Also, only OSMRE or its contractor can
prepare an EIS, if required.

State Share Fund AMIR Project Grant Applications--The
proposed action is the decision to fund State or Indian
tribal :rojects. This involves approval of grant
applications submitted by States and Indian tribes to OSMRE.
Either the State or Indian tribe, a contractor, or the



OSMRE NEPA HANDBOOK 4.C.2.c.

Field Office prepares the EA. The FONSI is prepared by the
Field Office and signed by the FOD. Also, only OSMRE or its
contractor can prepare an EIS, if required.

3. Methods for Implementing NEPA for AMIR Projects

a.

NEPA Document Preparation—Chapter 2 discusses how to
determine the type of NEPA document and prepare a
Categorical Exclusion Determination, FA, FONSI or EIS and
ROD, aS appropriate.

(1) As discussed in section 2.C.4.b. of this handbook,
pertinent sections of an existing NEPA documents may be
incorporated by reference into the NEPA document for
the proposed action, e.g., OSM-EIS-11.

(2) OSM-EIS-11 (Approval of State and Indian Reclamation
Pregram Grants Under Title IV of the SMCRA. November
1983) covers generic categories of AMIR projects, the
impacts typically associated with AML sites, and
tygical reclamation techniques.

OSMRE Rele in Enviromental Analysis of AMIR Projects——The
responsible OSMRE staff independently evaluates the proposed
project following the procedures set forth in Chapter 2 of
this hardbook and establishes the extent of information
needed. Written information provided by State or Indian
tribal staff may be supplemented by documented oral
statemerts between State or Indian tribal staff and the
responsible OSMRE staff. The ADFO's will retain NEPA
compliarce responsibility for all AMIR actions referred to
them by the FOD. Periodically, the ADFO staff should review
a sample: of State Share Fu 7 AMIR project files and report
to the FOD on NEPA compliance. WFO or EFO NEPA
Coordinztors, or BEEA, may be consulted for guidance
concerning any of these procedures.

State/Federal Coordination--The responsible OSMRE official,
i.e., FOD or ADFO, may develop an agreement for a State or
Indian tribe to coordinate with al] or some of the agencies
with expertise or jurisdiction in related envirormental laws
and to document the results. The responsible OSMRE official
mast ensure that the consultation occurs and that the
results are documented as part of the project submittal to
OSMRE. Please note that to comply with some laws, OSMRE
itself nust coordinate directly with these agencies.


(2;

OSMRE NEPA HANDBOOK 2.E.3.i.(1)

unusual scope or complexity, an FEIS
normally should be fewer than 300 pages (40
CFR 1502.7 and 516 DM 4.4) The EIS format
recommended by CEQ is presented in 40 CFR
1502.10. OSMRE recommends a slightly
different format, as follows:

Cover

Cover Sheet (1 page)

Title Page

Contents (Table)

Summary (not over 15 pages)

Chapter I: Introduction, including statement
of the purpose of and need for proposed
action

Chapter II: Alternatives, including
proposed action (NEPA 102(2)(C) (iii) and
102 (2) (e))

Chapter III: Affected Environment

Chapter IV: Environmental Consequences (NEPA
102(2)(C) (i), (ii), (iv) and (v))

Chapter V: List of preparers

Chapter VI: Scoping/Consultation (include
list of reviewers)

Chapter VII: References cited

Chapter VIII: Index (if any)

Appendices (if any)

Any proposed format that may be inconsistent
with this format must have prior approval
from BEEA. The NEPA sections cited above
provide specific content requirements for the
EIS chapters. The EIS preparer should be
familiar with these requirements as well as
with the following discussions of the content
of some of the major subdivisions of the EIS:

Summar 516 DM 4.8)--The EIS summary
briefly describes the proposed action and
alternatives (discussed in detail in the
"Environmental Consequences" chapter); major
assumptions used in the analysis; potential
significant impacts of the proposed action
and alternatives on the quality of the human
environment; and adverse impacts that cannot
be avoided or mitigated. It precedes the
"Contents," and its pages are numbered S-1,
S-2, etc.


OSMRE NEPA HANDBOOK 1.C.2.
° meeting national environmental goals;
° consulting with appropriate Federal, State and

local agencies in carrying out activities
affecting environmental quality;

° providing opportunity for obtaining the views of
int2rested parties with respect to environmental
impacts;

° disseminating the results of environmental

research; and

° complying with CEQ regulations (40 CFR 1500 -
1503).

Additionally, the executive order lists CEQ's
responsibilities.

The Council on Environmental Quality Requlations for
Implementing the Procedural Provisions of NEPA (CEQ
regulations), 40 CFR Parts 1500-1508, 43 F.R.
55978-56007 (November 29, 1978). (For the full text of
the CEQ regulations, see Appendix II of this handbook.)

The CEQ regulations apply to all Federal agencies,
including OSMRE, for implementing the procedural
provisions in section 102(2) of NEPA (40 CFR 1500.3).
The Department of the Interior has expressly adopted
the CEQ regulations as an integral part of its NEPA
procedures, except in those instances where compliance
would be inconsistent with other statutory requirements
(516 DM 1.7B).

The Department of the Interior Departmental Manual,
Part 516, Environmental Quality, Chapters 1-7
(Departmental Manual), 516 DM 1-7. (For the full text
of 516 [CM 1-7, see Appendix III of this handbook.)

The Departmental Manual, including supplemental
directives of the Office of Environmental Project
Review (OEPR), contains the only official NEPA
procedures of the Department, which apply to all of its
bureaus and offices, including OSMRE (transmittal sheet
for 516 DM 1-7 (March 18, 1980)); and Memorandum for
NEPA Liaisons, CEQ, January 19, 1979, Subject: Agency
Implementing Procedures Under CEQ's NEPA Regulations).
Any additional NEPA procedures, such as this handbook,


OVERVIEW OF NEPA PROCESS

PROPOSED
OSMRE
ACTION

CATEGORICAL
EXCLUSION

CATEGORICAL
EXCLUSION?

DETERMINATION

NO OR

UNCERTAIN

OBVIOUS
SIGNIFICANT
IMPACTS?

NO OR
UNCERTAIN

YES

PREPARE
EA

SIGNIFICANT
(IMPACTS?

FONSI

NEPA HANDBOOK
Figure A

PUBLISH NOI

}

SCOPING

|

PRELIMINARY
DRAFT EIS

q

COMMENTS AND REVIEWS
OF PRELIMINARY DRAFT
EIS

60-DAY C IMMENT
PERIOD

RESPOND TO COMMENTS
AND REVISE DRAFT EIS

!

FINAL EIS PRINTED

—- 4

DECISION ON
PROPOSED ACTION

30-DAY WAITING PERIOD.
PRIOR TO
FINAL AGENCY ACTION



ENVIRONMENTAL ASSESSMENT NEPA HANDBOOK

Figure B

DESIGNATION
OF RESPONSIBLE
INDIVIDUAL OR INTER-
DISCIPLINARY TEAM

on : |

ASSEMBLE EXISTING DEFINE ALTERNATIVES
INFORMATION AND INCLUDING THE
BASELINE DATA PROPOSED ACTION
¥
EVALUATE POTENTIAL
IMPACTS
y

WILL THERE BE
SIGNIFICANT
IMPACTS?

YRS

NO
PREPARE FONS] ———: PREPARE NOt

24


OSMRE NEPA HANDBOOK 1.E.
CFR - Code of Federal Regulations

CEQ - Council on Environmental Quality, Executive Office of
the President

DD/OTS - Deputy Director, Operations and Technical Services
DEIS - Draft Environmental Impact Statement

DM - Departmental Manual, U.S. Department of the Interior
DOI - U.S. Department of the Interior

DTS - Divisicn of Technical Services, OSMRE-HQ

EA - Environmental Assessment

EIS - Envirormental Impact Statement

E.O. - Executive Order

EPA ~ U.S. Ervironmental Protection Agency

ER - Environrental Review Memorandum (OEPR)

ES - Environnental Statement Memorandum (OEPR)

FEIS - Final Environmental Impact Statement

FONSI - Finding of No Significant Impact

FOD - Field Cffice Director

HQ - Headquarters

NOI - Notice of Intent

OEPR - Office: of Environmental Project Review, U.S.
Department of the Interior

OSMRE ~ Office of Surface Mining Reclamation and
Enforcement, U.S. Department of the Interior

PAP - Permit Application Package

PDEIS - Preliminary Draft Environmental Impact Statement


ENVIRONMENTAL IMPACT STATEMENT

DESIGNATE
INTERDISCIPLINARY
TEAM LEADER

ARRANGE FOR
PUBLIC NOTICE OF

SCOPING PROCESS

SELECT
TEAM
MEMBERS

NEPA HANDBOOK
Figure C

a

——

CONDUCT SCOPING

PROCESS AND HOLD
SCOPING MEETING AND/OR

RECEIVE
WRITTEN
COMMENTS

IF NECESSARY

PREPARE PRELIMINARY
DRAFT EIS

TEAM AND HO OR
FIELD OPERATIONS
REVIEW OF
PRELIMINARY [RAFT
EIS. AS APPLICABLE

¥

BEEA COORDINATES
HQ JOINT REVIEW

TEAM PREPARES
DRAFT EIS

}

APPROVAL OF FINAL DEIS
BY DIRECTOR OR
AD/PP

}

BEEA COORDINATES

DEPARTMENTAL REVIEWS

AND APPROVAL TO PRINT
AS APPROPRIATE

}

DRAFT EIS IS

PRINTED
; DISTRIBUTE] FILE COPY WITH HO
BEE TILES AND ADMINISTRATIVE
EPA REQUEST RECORD AND FIELD
COMMENTS) OPERATIONS
60-DAY PUBLIC or 4
COMMENT PERIOD PUBLISH ER
INCLUDING AVAILABILITY
HEARINGS IF AND REQUEST
NEEDED COMMENTS
Continued
(over)


UNITED STATES DEPARTMENT OF THE INTERIOR

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

Handbook on Procedures
for Implementing the
National Environmental Policy Act

March 1989


OSMRE NEPA HANDBOOK 2.G.
Attachment 2.2

Recommended Format and Required Content
for an Environmental Assessment (EA)

U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
ENVIRONMENTAL ASSESSMENT
for
(Subject)

Description of e Proposed Acti

Provide a complete description of the proposed Federal
action, including the decision to be made, the applicant's
or petitioner's proposal, if any, committed mitigation
measures, i.e., to be carried out by the applicant, etc.,
and special design features.

Need for the Proposed Action

Why is the p:coposed Federal action needed? Describe what
the Federal action would accomplish (approve, deny, grant,
etc.)

Alternatives Considered

List and describe any alternatives under active
consideration, including the proposed action. This must
include appropriate alternatives to the proposed action in
any proposal involving unresolved conflicts concerning
alternative uses of available resources (NEPA, Section
102(2) (E) and 516 DM 3.4A.) 'xamples of common
alternatives under active consideration include “no action"
(often not viable), approval, approval with modifications,
disapproval (based on a proper cause), and deferral
(usually due to incomplete or inadequate information).

Affected Environment

(Optional: The contents of this section may be integrated
into section A and/or E.)

1. General Setting

Begin with a description of the general setting of the
environment that would be affected by the proposed
action or any alternatives under active consideration.
Be brief, and provide the reader with a mental picture
of what the area looks like.

2-37


CHAPTER 2.

OSMRE NEPA HANDBOOK

NEPA DOCUMENTS

A. Determining the Type of NEPA Document

1.

Introduction--In order to determine the type of NEPA

document that should be prepared, the proposed action
that is subject to a decision by OSMRE must first be
identified, along with an initial judgment concerning
its scope and magnitude. This will determine whether
the proposed action is statutorily excluded,
categorically excluded, or requires preparation of an
environmental assessment (EA) or environmental impact
statement (EIS).

OSMRE Statutory Exclusions--If the proposed action is
statutorily excluded from the NEPA process, no NEPA
document is necessary. This should be noted briefly in
the administrative record of the action. OSMRE's
statutory exclusions are found in sections 501(a) and
702(d) cf SMCRA (516 DM 6, Appendix 8.4).

OSMRE Categorical Exclusions-~If the proposed action is
categorically excluded, a categorical exclusion
determiration must be prepared. Actions that are
categorically excluded, and the criteria used to
determire such actions, are listed in the Departmental
Manual (See 516 DM 2.3.A.2 and Handbook Appendix III.
If the proposed action is categorically excluded, a
CED is prepared and included in the administrative
record of the action in the originating office
(Attachment 1.2). Authority for approving a
Categorical Exclusion Determination rests with the
Field Office Director for Field Office actions, the
appropriate Division Chief for Field Operations
actions, or the appropriate Division Chief for
Headquarters actions.

a. Listing of Categorical Exclusions-~OSMRE
categorical exclusions appear in section 8.4 of
Appendix 8 te 516 DM 6 (Handbook Appendix III).
Applicable SMCRA sections are shown in parentheses
within this listing.

b. Listing of Departmental Categorical Exclusions--

Departmental categorical exclusions appear in
Appendix 1 to 516 DM 2 (Handbook Appendix III).



OSMRE NEPA HANDBOOK 1.G.6.

Chief, Bzanch of Environmental and Economic Analysis
(BEEA)--The Chief, BEEA, is responsible for
maintaining guidance on policy and procedures for
implemenzing and complying with NEPA and integrating
NEPA requirements with the requirements of other
related environmental laws, regulations, orders, and
directives. BEEA staff provides guidance for
developing NEPA documents, coordinates Headquarters!
review of specific NEPA documents, reviews and comments
on regulations and guidance issued by other agencies
affecting OSMRE environmental programs, and prepares
NEPA documents for rulemaking and other actions of
nationwide importance.

Field Office Directors--Field Office Directors are
responsille for implementing the procedures of this
handbook for all Field Office-originated actions,
except those specifically designated to a responsible
Headquarzers or Field Operations program office. Final
review and approval of EA/FONSI's prepared in Field
Offices are by the FOD.


OSMRE NEPA HANDBOOK 3.A.2.a.

lead agency responsibilities are carried out.
Recuests for CEQ resolution concerning lead agency
designation shall be made by BEEA through OEPR
(516 DM 2.4A).

Documents to Be Reviewed (516 DM 7.2 and 7.4D)~--
OSVRE may comment on draft EIS's prepared by other
Federal agencies which discuss environmental
impacts involving OSMRE jurisdiction or special
expertise (40 CFR 1503.2). OSMRE review of non-
DOI EIS's that have been filed with EPA is
cortrolled by OEPR and. any comments are routed
through OEPR (516 DM 7). For preliminary or
working drafts of EA's or EIS's, OSMRE provides
comments directly to the preparing agency. 40 CFR
15C3.2 and 1503.4 set forth standards as to the
duty to comment and specificity of comments and
responses. Also, see ES72-5.

Referrals--40 CFR Part 1504 describes procedures
for resolving interagency conflicts concerning
preposed major Federal actions with potential
unsatisfactory environmental effects. For OSMRE
leed agency proposed actions, the ADFO or
Headquarters program office receiving a notice of
intended referral from another agency shall
expeditiously notify and provide a copy of the
notice to BEEA. Then BEEA will notify and
provide a copy of the notice to OEPR (516 DM 1).

Emergency Circumstances--In no event will OSMRE
delay an emergency action necessary to preserve
human life or prope ~ty for the purpose of
complying with this handbook or the CEQ
reculations. In emergency circumstances, take any
necessary action following 516 DM 5.8. Then,
expeditiously notify BEEA, which will ensure that
consultation occurs with CEQ through OEPR, and
others as required by 516 DM 5.8, about NEPA
compliance. (Also see 40 CFR 1506.11 about NEPA
compliance.)

B. Adopting Environmental Documents Prepared by Other Agencie3
(516 DM 3.6, 40 CFR 1506.3)

Introduc

on--Some OSMRE actions may be covered in

environmental documents prepared by another agency.
Agencies. are encouraged to adopt the environmental
document.s of other Federal agencies whenever possible
to reduc‘e costs and processing time of Federal actions

3-4


OSMRE NEPA HANDBOOK 2.F.6.b.

where appropriate. States also administer
State wild and scenic rivers systems. OSMRE
may contact the appropriate State park and
recreation agencies to obtain current lists
of the designated State rivers. OSMRE
actions which may affect listed State rivers
are coordinated with the appropriate State
agencies. The NEPA document should contain
information on any potential impacts an OSMRE
action may have on State or federally
designated wild and scenic rivers.

7. Prime And Unique Farmlands
a. Compliance--An OSMRE action may fall under

the CEQ memorandum dated 11 August 1980; OEPR
Memorandum ES80-3, and the Farmland
Protection Policy Act of 1981 (Public Law
97~98). It is the intent of these provisions
that efforts be made to assure that farmlands
are not irreversibly converted to other uses
which would erode their productivity, scenic
value, wildlife habitat value, and their
benefits as open space. Criteria for
evaluating the relative value of farmland can
be found in 7 CFR 658 or Federal Register
7-5-84, Part III.

b. Responsibilities--OSMRE should investigate
the possibility of a proposed action
impacting on State and local prime and unique
farmlands. If prime and unique farmlands are
identified, Of*RE should consult the U.S.
Department of Agriculture State Land Use
Committee, which will assist in analyzing the
impacts to such lands. Many of these
considerations are covered under 30 CFR 823
(SMCRA regulations). An analysis of the
impacts of an OSMRE action on any prime and
unique farmland may be included in a NEPA
document.

8. Air Quality

a. ~ Compliance--An OSMRE action may involve
compliance with the Clean Air Act (Public Law
90-148), as amended. Section 309 of the
Clean Air Act requires that the EPA
Administrator review and comment in writing

2-33


OSMRE NEPA HANDBOOK 2.E.3.i.(6)

(6) Environmental Consequences--This chapter
analyzes in depth the impacts of the proposed
action and all reasonable alternatives. For
the proposed action and each alternative the
following format is recommended:

(a) Introduction to the alternative;

(b) Major assumptions used;

(c) Discussion of items in 40 CFR 1502.16;
and

(d) Unresolved issues.

Scope of Analysis--The EIS is an information
source for use in decisionmaking; therefore, it
must be clear and concise. Analysis and
description should be presented in direct
proportion to their importance in the decision-~
making process. Although acquiring available
information to be used in evaluating impacts is an
important part of preparing an EIS, the purpose of
the EIS is to analyze impacts and not to describe
the environment in minute detail. The context,
intensity and duration of the impacts on the
environment that may or would result from the
proposed action and reasonable alternatives should
be analyzed. Detailed analysis of causes and
effects is needed to support a conclusion.
Tiering, with program policy or planning EIS's
ranging from broad scope to those of narrower
scope, may eliminate repetitive discussion of
similar issues (40 CFR 1502.4 and 1502.20).

Supplementing EIS'' (515 DM 4.5 and 40 CFR
1502.9(c))--A draft or final EIS may require a
supplement when substantial changes are made in a
proposed action or where new circumstances or
important information on its environmental

impacts becomes available. The ADFO, ADPP or
program official, as appropriate, shall coordinate
with BEEA, as appropriate, to determine if a
supplemental EIS is required.


OSMRE NEPA HANDBOOK
Attachment 2.2 (Cont'd)

Other Affected Resources, including Special Areas of
Consideration

General_y, limit descriptions of resources, factors,
or concerns, including special areas of consideration,
to those from the list below that may or would be
impacted by the proposed action or any of the
alternatives under active consideration. Describe
these only in sufficient detail to understand a change
from the present as a result of the proposed or
alternat:ive actions. Briefly describe only the part
of the resource that would be specifically affected.
Describe the current management of the particular
resource if necessary to understand a change in
management.

Special areas of consideration are items that may be
considered in the EA because of law, regulation,
executive order, or directive. These must be
specifically addressed as being or not being present
in the project area. This may be accomplished by
separate sentences for each concern, or, if several
are not present, one sentence (i.e., "the following
(resources or environmental components) are not
present in the area....").

List of Environmental Resources, Factors or Concerns
(Generally, describe only those that would be
affected)

© Topog:vaphy

o Land Use (e.g., prime farmlands, ecologically
critical or significant areas, natural landmarks,
wilderness areas, refuge lands).

o Soils

o Vegetation (e.g., wetlands}

© Hydrology (e.g., water quantity and quality, surface
and ground water, floodplains)

o Fish and Wildlife Resources (e.g., endangered
species)

© Histo:ic and Cultural Resources

o Recreation (e€.g., parklands)

o Air Quality

o Noise

© Other, as applicable to a particular location and

proposal or alternative (e.g., Wild and Scenic
Rivers)


(3;

(4;

(5)

OSMRE NEPA HANDBOOK 2.E.3.i. (3)

Purpose of and Need for Action (516 DM 4.9)--
This chapter briefly discusses the purpose of
and need for the proposed Federal action
under consideration (Not the purpose of and
need for the EIS).

Alternatives Including the Proposed Action
and Preferred Alternative (516 DM 4.10)--This
chapter describes all reasonable alternatives
analyzed in the EIS, including the proposed
action, and compares their impacts. This
comparative summary of impacts is derived
from the impact analysis of the proposal and
alternatives in the "Environmental
Consequences" chapter. Mitigating measures
that are committed as part of the proposed
action are analyzed with the proposed action.
Mitigating measures that are part of an
alternative are analyzed with the
alternative. Mitigating measures also may be
identified and analyzed as separate
alternatives where environmental consequences
are distinct and significant. Where no
commitment to alternative mitigating measures
has been made, the impacts both with and
without the mitigation should be analyzed.

Affected Environment (40 CFR 1502.15)--This
chapter describes the environment that would
be affected by the proposed action and
alternatives, including changes occurring
from other contemporaneous activities. In
drafting this ection, of special concern is
determining the extent of coverage for a
particular resource. For example, if a
proposed action is located in one area of a
State, it would be appropriate to describe
the affected environment in terms of the
general categories of physical-chemical,
biological, cultural, and socio-economic
environment of that part of the State. For a
proposed action involving several States,
however, it would be appropriate to discuss
the affected environment on a regional basis.
Coverage should be succinct. Data and
analysis presented of environmental resources
and factors should be commensurate with the
importance of the impact.


OSMRE NEPA HANDBOOK 3.E.
Attachment 3.1

Memorandum
To: Director, U.S. Fish and Wildlife Service (USFWS)
From: Director, Office of Surface Mining Reclamation and

Enforcement (OSMRE)

Subject: Assistance for Environmental Impact Statement (EIS),
Proposed Caballos Rojo Coal Mine, Campbell County,
Wyoming

We request the assistance of the USFWS as a cooperating agency
for preparation of a site-specific EIS for the proposed Mobil Oil
Corporation Caballos Rojo coal mine located in the Eastern Powder
River Basin, Wyoming.

Specifically, we request the services of a wildlife resources
specialist familiar with the Powder River Basin to prepare the
appropriate secticns of the EIS in consultation with our staff
archeologist in Denver, Colorado. We anticipate that
approximately 3 man-months of effort will be required during
1980, with the bulk of the effort concentrated on preparing the
preliminary draft EIS (DEIS) from January 25th through March.
The DEIS is scheduled for completion on August 15, 1980, and the
final EIS is scheduled for release January 16, 1981. An initial
meeting has been scheduled for January 25, 1980, in the OSMRE
Western Field Operations Office, 1020 15th Street, Denver,
Colorado, beginnirg at 8:30 a.m. We would appreciate it if your
representative could attend.

Because of the tight schedule for preparing this EIS, we would
like an early response to this req est. If you have any
questions, please contact the Chief, (Branch Name, location and
phone number). We believe this EIS will implement the
Department's objective of meshing technical and environmental
analyses in implenenting the Surface Mining Control and
Reclamation Act of 1977 (P.L. 95-87).

‘We look forward tc USFWS participation in this important effort.


OSMRE NEPA HANDBOOK 1.C.4

developei at the bureau or office level, constitute
internal guidance.

Definitions--For the purpose of this handbook, definitions
of terms are as presented in 40 CFR 1508 (Appendix II to

this

handbook), 30 CFR Chapter VII of OSMRE's regulations

implementing the Surface Mining Control and Reclamation Act
of 1977 (P.L. 95-87), SMCRA, and the following:

1.

2.

Abandonei mined lands--Lands on which mining ceased
prior to August 3, 1977, without adequate reclamation.

Categorical Exclusion Determination (CED)--A document
which states why an action is categorically excluded
from any further NEPA documentation.

Decisionmaker-~Person who is legally responsible for
making a given decision.

Errata sheet--A list of minor factual errors and
changes in an appropriate draft NEPA document (40 CFR
1503.4(c)).

Federal Reqister--Daily United States Government
publication containing Federal rules and other public
notices covering Federal agency actions.

Memorandum of understanding--Agreement between
agencies defining responsibilities for joint actions or
actions in specific areas of interest to both agencies.

Notice cf availability--Notice placed in the Federal
Register by an agency ai..cuncing that a draft or final
NEPA document is available for public review.

Common Acronyms Used in this Handbook

ADFO

ADPP

ADBA

BEEA

- Assistant Director, Field Operations
- Assistant Director, Program Policy
- Assistant Director, Budget and Administration

~ Branck of Environmental and Economic Analysis,
OSMF.E-HQ


OSMRE NEPA HANDBOOK 2.D.6.

Coordination--Occasionally, BEEA may request copies of
FONSI's and EA's to ensure nationwide consistency in
document preparation. BEEA may publish a public notice
of the availability of FONSI's and EA's (40 CFR
1501.4(e)(1) and (2); 40 CFR 1506.6(b)). Published
notices of OSMRE actions should state that the related
environmental documents are available for public
review, and give the name and address of the OSMRE
official responsible for EA preparation. The preparer
arranges for publishing a notice of the availability of
the EA/FONSI, when appropriate, in the Federal
Register, newspapers, etc. BEEA does not generally
review Field Office or Field Operations EA/FONSI's.
BEEA staff, however, is available to provide guidance
to Field Offices or Field Operations Offices regarding
EA/FONSI preparation.

E. ENVIRONMENTAL IMPACT STATEMENTS (516 DM 4)

1.

Introduction (516 DM 4)--An EIS describes in detail

the proposed action, all reasonable alternatives, and
the nature and extent of each significant environmental
impact the action may or would cause. An EIS is
required if the proposed action is one which either
normally requires the preparation of an EIS, where
significant impacts are identified in an EFA, or
otherwise apparently has significant impacts which
cannot ke mitigated to a level of nonsignificance. (516
DM 6 Appendix 8.3). Once it is determined that an EIS
will be prepared, the Assistant Director, Field
Operaticns, or responsible Headquarters official, as
appropriate, should designate an interdisciplinary team
or project leader respoi. ible for managing the
preparation of the EIS. The project leader should
contact the Chief, BEEA, who will assign an EIS
document. number and assure that appropriate guidance is
providec. to the responsible official on the preparation
of the EIS. BEEA staff is available to provide
guidance: during all stages of EIS development.

Notice of Intent (NOT) (516 DM 2.3D)

a. Preparation of the NOI--The NOI process begins
with a determination that an environmental impact
stztement will be prepared. As soon as that
decision is made, the Assistant Director, Field
Operations, or the responsible Headquarters
program office, through BEEA, shall prepare a



OSMRE NEPA HANDBOOK 3.A.1.c.

major Federal action significantly affecting the
quality of the human environment (40 CFR 1508.5).
A cooperating agency is not primarily responsible
for preparing the EA or EIS but is involved in the
action in some capacity and may participate in

the EA or EIS preparation process. Cooperating
agencies should participate in the NEPA process at
the earliest possible time, including the scoping
process; assume on request of the lead agency
resjgonsibility for developing information and
pregaring environmental analyses, including
portions of the EA or EIS for which the
cooverating agency has special expertise; and make
available staff support at the lead agency's
reqiest to enhance interdisciplinary capability
(40 CFR 1501.6 (b)) (Attachment 3.1). A
coozerating agency has the prerogative of
declining to provide the requested assistance
because of other program commitments. OEPR must
send CEQ a copy of the declining agency's reply to
the lead agency (40 CFR 1501.6(c), 516 DM 2.5B).
Cooverating agencies participate in, but are not
directly responsible for, preparing an EIS.
Coosverating agencies comment on the proposed
action and NEPA document following 40 CFR 1503.3.
One of the benefits of being a cooperating agency
is under 40 CFR 1506.3(c), the cooperating agency
may adopt the resulting EIS without recirculation.

Arranging for OSMRE Cooperation--The lead agency
subnits a memorandum requesting OSMRE
participation in preparing an EIS to the OSMRE
ADPP. The ADPP shc.1d respond to the lead agency
wita a memorandum or letter notifying it of the
OSMRE decision, based on the particular subject
matter, the workload, and the availability of
staff. A copy of the memorandum to the lead
agency is sent to BEEA to forward to OEPR (516 DM
2.58). If OSMRE declines to be a cooperating
agency, OEPR then submits a copy of the memorandum
to CEQ (40 CFR 1501.6(c)). The lead and
cooperating agencies should formally agree in
writing on financial responsibility and the use of
personnel and other resources. Normally,
salaries for cooperating agency staff are paid by
the cooperating agency. This is not required,
however. Expenses, including travel, may be paid
by the lead agency. Personnel can either be
assigned by their supervisors to work on the EIS,
or ve temporarily detailed to the lead agency.

3-2


OSMRE NEPA HANDBOOK 3.D.3.d.

Arrange for Federal Register or Newspaper Notice
~-Requirements for the preparation and submission
of Federal Register documents are detailed in the
"Document Drafting Handbook" published in June
198) by the Office of the Federal Register.
Generally, notice of a hearing on a draft EIS
should be included in the notice of availability
of e EIS (For further information, also see
section 318 of the Departmental Manual).

Arrange for a Presiding Officer at Hearings--
Generally the presiding officer at a hearing or
meeing is an appropriate OSMRE official.

Arrange for a Record of the Proceedings--For a
public hearing, a transcript of the proceedings is
prepared so that the testimony can be reviewed,
especially where the team must later prepare
writen responses to the comments made (40 CFR
1503.4). The proceedings may be transcribed by a
cou::t reporter or stenographer under contract to
OSMRE. A tape recorder should alway be used as a
backup. Where very low attendance is expected,
the tape recorder alone is adequate if
arrangements are made to transcribe the tape. If
a sctenographic service is used, the typed
transcript must be delivered to OSMRE within 5
days after the hearing.

Develop Ground Rules for the Hearing or Meeting
and Prepare Handouts--The EIS preparer develops
ground rules and prepares a short handout for the
heaving. The handc t should include: (1) the
purpose of the hearing; (2) a description of the
proposed action and related documents; (3) a
sumnary of principal issues, (4) the procedures
for presenting oral and written statements; (5)
the address for submitting written statements; (6)
a list of locations where any applicable documents
may be inspected; (7) the composition of the
heaving panel; (8) the citation of authority for
the hearing (e.g., NEPA); and (9) a schedule of
any related public hearings. An opening statement
should be prepared which incorporates the major
elements of the handout.

Arrange for Publicity--In addition to a Federal
Register notice, it may be helpful to publicize a
hearing by advertisement and/or notices in the

3-9


(1)

(2)

OSMRE NEPA HANDBOOK 2.E.3.w.(1)

Preparation of Record of Decision (ROD)
--An ROD is prepared for actions covered by

an EIS. The ROD may be integrated into any
other record prepared by OSMRE, such as the
decision document for a permit application
package, a final rulemaking package, the
preamble discussion of a final rule, or a
statement of reasons for an unsuitability
petition (516 DM 5.4). The ROD should: "(a)
State what the decision was. (b) Identify
all alternatives considered by the agency in
reaching its decision, specifying the
alternative or alternatives which were
considered to be environmentally preferable.
(This may be different from the agency's
preferred alternative.) An agency may
discuss preferences among alternatives based
on relevant factors including economic and
technical considerations and agency statutory
missions. An agency shall identify and
discuss all such factors including any
essential considerations of national policy
balanced by the agency in making its decision
and state how those considerations entered
into its decision. (c) State whether all
practicable means to avoid or minimize
environmental harm from the alternative
selected have been adopted, and if not, why
they were not. A monitoring and enforcement
program shall be adopted and summarized where
applicable for any mitigation." (40 CFR
1505.2). :

Mitigation Measures--If mitigation measures
are included in a NEPA document, such as the
ROD, then the person implementing the action
is also responsible for instituting these
measures (40 CFR 1508.20).

4. Special “31S Applications

a.

Int:cod@uction--This section discusses special
EIS'ts that differ from other EIS's in scope,
complexity, or procedures.

Program _EIS's--Program EIS's consider
environmental impacts of broad agency actions.
Under certain circumstances, they also may be
sufficient for subsequent, related, site-s; °cific

2-28


OSMRE NEPA HANDBOOK 2.E.4.b.

EIS's to tier upon them. OSMRE use of program
EIS's is rare and BEEA will provide specific
guidance on their use on a case-by-case basis.
BEEA coordinates the preparation of program
EIS's.

Legislative EIS's (516 DM 4.23 and 40 CFR 1506.8
and_1508.17)--NEPA requires an EIS for

legislation which significantly affects the
quality of the human environment. Such an EIS,
which must be prepared for any legislative
preposal developed by or with the significant
cocperation and support of a Federal agency, is
part of the formal transmittal of the proposal to
Congress. However, it may be transmitted to
Congress up to 30 days later to allow sufficient
tine for completion. The EIS must be available in
time for congressional hearing and deliberation.
Agencies must comment on certain EIS's prepared by
other agencies, including legislative EIS's (40
CFR 1503.2). Comments on a legislative EIS are
given to the lead agency, which forwards them
alcng with its own responses to the congressional
conmittee with jurisdiction. BEEA staff
cocrdinates the preparation of legislative EIS's.

F. Special Areas of Consideration

1.

Introduction--When assessing a proposed action's
impacts on various environmental resources,
factors or concerns, it is important to consider
related environmental laws, regulations and
executive orders tr-t may have specific
applicability. Although an action which falls
uncer a categorical exclusion generally does not
recuire a NEPA document other than a CED, it must
be analyzed to determine whether effects covered
by related environmental laws trigger an exception
to the categorical exclusion under 516 DM
2.2(A)}(3). Additionally, such analysis may
support that an impact is significant or
insignificant. The following narrative discusses
representative environmental resources, factors
anc: concerns covered by specific statutes, OSMR
responsibilities under those statutes, and
possible incorporation of any required
documentation into the NEPA document. Staff of
the various OSMRE programs have access to manuals
in which compliance procedures are presented and
explained in detail.

2-29


OSMRE NEPA HANDBOOK 2.G.
Attachment 2.4 (Cont'd)

where judgment is clearly relevant. DO NOT repeat details
mentioned in the EA, incorporate those details by reference

to the EA. Mitigation measures may also be referenced.
For example:

"2.  OSMRE will implement (the proposed action,
project, etc.) with the following mitigation
measures. (List mitigation measures)" or
“Mitigation measures identified for the proposed
action in (cite specific location in the EA) will
ersure that impacts would not be significant."

(Authorized Official) Title/Position Date

2-42a


OSMRE NEPA HANDBOOK 2.E.3.f.

issues" includes. Those issues that are
identified as significant are to be analyzed in
depth in the "Environmental Consequences"
chapter. It is the responsibility of the agency
to decide which issues are significant and which
are not. For those issues not considered
significant, a brief explanation is provided, in
the scoping section. Another purpose of scoping
is to identify reasonable alternatives and
significant impacts to be analyzed in detail in
the EIS.

Scoping Procedures--Scoping should bring out
relevant concepts, alternatives, issues, or
comments. The EIS preparer or team leader plans
the scoping process. Any public meetings should
be noted in the NOI published in the Federal
Register. It is recommended that scoping meetings
be held within 1 month after the NOI is published.
The variety of scoping meetings includes
interagency meetings, public meetings, meetings
within OSMRE regarding the proposal, and meetings
with affected parties and interests, such as
Federal agencies, State and local government
officials, any affected Indian tribe, adjacent
landowners, local and regional public interest
grcups, the media, and other interested parties.
Affected interests include persons and
organizations potentially impacted by a proposal,
either directly or indirectly. Potential
significant impact issues include changes to
socioeconomics, recreation, and lifestyle, as well
as the physical anc biological environment, such
as geology, hydrology, soils, topography,
vecetation, and wildlife. For those actions
involving an applicant, the scoping process should
include contact with the applicant. The ADFO, or
for Headquarters, the ADPP, ensures that the
cortent of an EIS is determined through the
scoping process. The scoping process may include
solicitation of written comments, a meeting (or
series of meetings), or both. No response to
conments raised during the scoping process is
required. However, written statements from the
participants should be requested. Adequate
records of the discussion at any meeting should be
kept by a stenographer or tape recorder. An EIS
preparation plan should be developed as a result
of the scoping meeting. (Handbook Appendix VI:
CEQ) Memorandum: Scoping Guidance).

2-17


OSMRE NEPA HANDBOOK

CHAPTER 3. AGENCY, INTERAGENCY AND PUBLIC INVOLVEMENT
A. Lead_and Cooperating Agencies
1. OSMRE Responsibilities

a.

Relationships With Other Agencies--Cooperation
among agencies in compliance with NEPA is an
objective of the CEQ regulations. This
cooperation should reflect the intent of 40 CFR
1501.1(b). OSMRE may assume one of four roles in
the NEPA process:

(1) It may assume primary responsibility for NEPA
compliance as Jead agency;

(2) It may assume shared responsibility for NEPA
compliance as joint lead agency for the
preparation of EA's or EIS's in accordance with 40
CFR 1508.16;

(3) It may support another agency by providing
special expertise or resources for EA's or EIS's
aS a cooperating agency; or

(4) It may comment on EA's or EIS's prepared by
other agencies as a commenting agency (516 DM 7).

A lead_ agency is primarily responsible for
preparing the EA or EIS for a proposed Federal
action (40 CFR 1501.5 and 1508.16) that involves
more than one agency. (A joint lead agency has
shared responsibili.y.) The AS/PBA will designate
lead bureaus within the department when bureaus
under more than one AS are involved in preparing
an EIS (516 DM 2.4A). The lead agency may request
cocperating agency participation early in the NEPA
precess, use environmental analysis and proposals
frcm the cooperating agencies as applicable, and
meet with cooperating agencies at their request
(4C CFR 1501.6). OSMRE will inform OEPR of any
agreement to assume lead agency status it makes.
(516 DM 2.4B).

A cooperating agency is any Federal, State or
local agency or Indian tribe other than a lead
agency which has jurisdiction by law or because of
special expertise in dealing with any
environmental impact involved in a proposal (or a
reesonable alternative) for legislation or other

3-1


NEPA HANDBOOK 3.D.3.h.

legal classified or other appropriate section of
local newspapers and organization newsletters.
Press releases for local radio and television
stations and newspapers, approved by the ADFO or
ADPP, can also be used to stimulate local
interest. Other forms of publication include
distribution of pamphlets on the proposed action,
mass mailings to local citizens and notices posted
in public buildings (e.g., sending requests for
local postmasters to post notices). Notice of a
hearing should identify any available detailed
information concerning the environmental impacts
of the project or proposal. For a public

hearing, any related environmental document should
be made available to the public at least 30 days
in advance. The notice of the hearing should
indicate the person from whom the document can be
obtained.


OSMRE NEPA HANDBOOK
Appendices

Appendix I.  NEPZ. and E.0. 11514

Appendix II. CEQ Regulations For Implementing The Procedural
Provisions of NEPA (40 CFR 1500-1508)

Appendix III. DO] Departmental Manual, 516 DM 1-7

Appendix Iv. CEC! memorandum: 40 questions on NEPA
Regulations

Appendix Vv. EPH, third-party method of EIS preparation
{40 CFR 6.604(g))

Appendix VI. CE() memorandum: Scoping guidance

Appendix VII. CE(; memorandum: Guidance regarding NEPA
regulations

Appendix VIII. Memoranda in effect: PEP, environmental
statement memorandum (ES), and
environmental review memorandum (ER)


OSMRE NEPA HANDBOOK 2.G.
Attachment 2.1

U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
CAVEGORICAL EXCLUSION DETERMINATION
for
Publishing a Notice of Reinstatement of Suspended Rules at
30 CFR Parts 701, 800, 816 and 817
Definition: Law Enforcement; Bond and Insurance
Requirements; Performance Standards
(RDIM Serial No. 082)

The above~referenced action has been reviewed by OSMRE, and it
has been determined by the undersigned to be categorically
excluded from further environmental documentation according to
the Department of the Interior (DOI) Departmental Manual, 516 DM
2, Appendix 1.10, since none of the exceptions listed in the DOI
Departmental Manual, 516 DM 2, Appendix 2.1 to 2.10 apply to its
implementation.

The Office of Surface Mining Reclamation and Enforcement (OSMRE)
is publishing a notice of reinstatement of suspended rules at

30 CFR Parts 701, 800, 816 and 817 concerning the definition of
support facilities (30 CFR Part 701.5), incremental bonding (30
CFR Part 800.11(b:), phased bonding (30 CFR Part 800.13(a) (2)),
the retention of highwalls in permanent impoundments (30 CFR
Parts 816.49(a) (9: /817.49(a)(9)}, coal waste refuse pile
compaction (30 CFR Parts 816.81(c) (2)/817.81(c) (2)), and the
construction of coal waste refuse piles using lifts greater than
2 feet thick (30 CFR Parts 816.83/817.83). Publication of this
notice is an administrative action and would merely make the
public aware that the suspended rules upheld by the U.S. Court of
Appeals for the District of Columbia Circuit in (NWF _v. Hodel,
No. 84-5743 (D.C. Cir. Jan. 29, 1°98) have been reinstated as the
result of the court decision. (Explain why the cited categorical
exclusion applies).

Date Chief, (Division)


OSMRE NEPA HANDBOOK 2.F.8.a.

on the environmental impact of any major
Federal action pertaining to the duties and
responsibilities granted to EPA under the
Clean Air Act. Section 176 of the Clean Air
Act restricts the Secretary of the Interior
from approving an action which is not
consistent with an approved State
Implementation Plan (SIP).

b. Responsibilities--Where applicable, OSMRE
should document that a proposed OSMRE action
is consistent with the approved SIP. If it
is determined that the action may cause an
adverse air quality impact, OSMRE staff or
the applicant, as appropriate, should contact
the State or local air quality board and
prepare an air quality analysis to determine
what compliance is necessary, i.e., permits,
etc.. OSMRE should then submit the air
quality analysis to the EPA and other
pertinent Federal agency regional offices
for review and comment. The applicant and
OSMRE staff should coordinate the propsed
action with appropriate State and EPA offices
very early in planning. If other lands
(parks, wilderness, areas, etc.) managed by
the Federal government might be affected,
then coordination must include the
appropriate Federal land manager. OSMRE
should work with these agencies to ensure
that consideration is given to their
concerns. The air quality analysis usually
is not include“ in the NEPA document;
however, OSMRE should describe its
methodology, basis, assumptions, and data in
the NEPA document. The analysis itself is
usually included as an appendix to the EIS,
while salient points are discussed in the
document. Any comments received from Federal
or State agencies should also be included in
the NEPA document.

9. Noise

a. °Compliance--OSMRE actions may involve
compliance with the provisions of the Noise
Control Act of 1972 (Public Law 92-574), as
amended. OSMRE may use applicable State


OSMRE NEPA HANDBOOK 4.8.1.

the PAP and NEPA compliance. Each document must be able to stand
alone, and there may be some duplication. The sections that may
be nearly the same in both documents are the introduction, the
preferred alternative (usually approval of the applicant's
proposal), the maps, and mining plan information. A single staff
member may be assigned the lead responsibility for both
processing the PAP and the completing the NEPA document. Before
beginning the administrative completeness review or development
of a task order contract, the responsible staff member should
study the applicant's proposal, locate existing environmental
studies evaluating the impact area, such as CHIA documents, NEPA
documents, and other studies for use by a contractor, staff
member, or State regulatory authority (RA), study the applicant's
proposal, and coordinate with other State and Federal agencies to
reach an agreement. on the roles and responsibilities of each
during the review. Early in the review process, the PAP should
be reviewed t:o see that there are adequate data in the
application t:o determine the critical issues to be addressed in
NEPA compliance. If not, the preparation plan should include a
discussion of the steps that will be taken, either by OSMRE or by
the applicant:, to obtain the necessary data.

The NEPA Document

a. A detemnination that the PAP is complete and accurate in
accordance with 30 CFR 773.15(c) (1) is required before the
final agency decision can be made on the PAP. The NEPA
documen': must assess the impacts on the environment
resulting from the proposed action, taking into account.
compliance with applicable laws, regulations, policies, and
conditions. (See Chapter 2 for discussion of alternatives
to be considered in NEPA documents). The NEPA document must
include a cumilative analy ‘s of all potential impacts on
the affected environment.

b. Data sources used in preparing the NEPA document include the
technical analysis of the PAP, information submitted by the
applicant, BIM's minerals evaluation, environmental studies
of the affected area, existing EIS's covering the affected
area, aid land use plans and other resource documents
developed by Federal land managing agencies. ‘The NEPA
compliarce document should be a clear, concise assessment of
the impacts resulting from the proposed action and other
alternatives. The document should contain adequate
information to stand by itself. It should focus on the
locatioi or environmental setting, ownership details, type
of operation, size of operation, existing or new operation,
duration of operation, production levels, description of


OSMRE NEPA HANDBOOK 2.B.4.

environmental resources, factors or concerns that need
to be considered. Those that are not part of
significant issues can receive less consideration so as
not to direct attention from issues that require
careful analysis. Environmental resources, factors and
concerns suggested as a guide for consideration are
listed below:

a Public health and safety

° Air quality, including visibility

° Land (topography, geology, nonrenewable
resources and soils)

°o Surface-water and ground-water resources,
quantity and quality

fo) Vegetation

° Fish and wildlife populations and their
habitats

° Existing and future land use, including
farming, grazing and forestry

° Transportation and utilities

fo) Socioeconomic characteristics, including

pcpulation, incomes, employment, housing, and
scciocultural resources
° Puklic services, the infrastructure and
resources needed for growth
° Noise and ground vibration
° Recreational resources
° Cultural resources, including historic,
archeological, paleontological, religious, etc.
fo} Esthetics

EA_or E1S--It is important to be as cbjective as
possible. when making these determinations. One or more
of the criteria, depending on the significance, i.e.,
the severity of impacts, may trigger either the
preparat.ion of an EA/FONSI or EIS. As stated in
section 2.A.5. above, if the proposed action has the
potentiz.l for causing significant impacts on the
quality of the human environment, an EIS should be
preparecl. Otherwise an EA and FONSI are sufficient.

c. Environmental. Assessment (516 DM 3.1)

1.

Introduction~--The EA is the document used for
determining whether to prepare an EIS or a FONSI (40
CFR 1508.9). Alternatives must be analyzed to the
extent they are being actively considered, and as
requirecdl by section 102(2)(E) of NEPA (Appendix I).
The preparation of the EA requires definition of the

2-4


OSMRE NEPA HANDBOOK 2.G.
Attachment 2.7

In Reply
Refer To:
4132
EVP-3
Director, Office of Federal
Activities (A-104)
Environmental Prcetection Agency
Room 2119 M, Waterside Mall
401 M Street, S.W.
Washington, D.C. 20460
Dear Sir:
In accordance with Section 102(2)(C) of the National
Environmental Policy Act of 1969, we are enclosing five copies
of the Draft Environmental Impact Statement for the Proposed
Mining Plan, Dry Fork Mine, Campbell County, Wyoming

(OSMRE-EIS-24) .

Sincerely,

Assistant Director,
Program Policy

Enclosures


OSMRE NEPA HANDBOOK 3.8.3.a.

have determined that the document adequately
addresses the impacts of the (specify proposed
action). Therefore, I hereby adopt the (specify
entire EIS or portion thereof) ."

b. If the responsible OSMRE official determines that
a lead Federal agency's EIS is not adequate for
OSMRE purposes, the official shall contact BEEA
for specific guidance concerning appropriate
action to comply with NEPA.

c. An R0D is prepared for all actions involving an
EIS (40 CFR 1505.2). When OSMRE is the lead
ageacy, an ROD is included in the file when
subnitted for final agency action. When another
Federal agency has the lead, the case file should
contain a copy of that agency's ROD, if any, as
well as the OSMRE ROD. The OSMRE ROD is limited
specifically to the concerns and actions under
OSMRE jurisdiction and shall discuss all impacts
for which OSMRE is responsible. The ROD is
signed by the appropriate decisionmaker.

Public Access to NEPA Documents. OSMRE makes completed
NEPA documents available to interested persons through the
Administrative Record. See appropriate sections in this
handbook on the development of NEPA documents for specific
requirements for public involvement and public notice.
Documents mad2 available should include interagency
memoranda to the extent they transmit comments of Federal
agencies on the environmental impacts of the proposed
action. Materials are provided to the public without
charge up to $15.00, after which there are charges of $0.10
per copied page and for any employee time in excess of 2
hours. A library copy of an EIS or EA is made available for
public inspection at Headquarters and the appropriate OSMRE
Field Operations office.

Public Hearings and Meetings

1. Introduction--Unless otherwise noted the following
guidance for public hearings also applies to public
meetings. Increased public participation in the NEPA
process can be obtained through a public hearing (40
CFR 1506.6). Public hearings provide an orderly forum
for the presentation of public comments on draft
EIS's. Public hearings and meetings can help resolve


OSMRE NEPA HANDBOOK 2.C.3.c.

c. Proceed With an NOT to Prepare an EIS--If the EA
concludes that there is the potential for
significant environmental impacts to occur as a
result of the proposed action, an EIS should be
prepared. (Substantial public controversy over
the potential impacts of the proposed action on
the quality of the human environment may also
raise the need to prepare an EIS (40 CFR

1508.27).)
4, Sources of Information for Preparing an EA

a. Applicants, Petitioners or OSMRE Officials--The EA
preparer must independently review the
appropriateness and validity of any information
submitted by applicants, petitioners or OSMRE
officials. For example, proposed permit
application packages contain information on the
existing environment, on direct and indirect
impacts, and on mitigative actions planned in
compliance with SMCRA and the Mineral Leasing Act
requirements (See 30 CFR 740.13(b)). Information
on cumulative impacts and relationships between
impacts may or may not be a part of the
information submitted with the proposed action.
The EA preparer should contact the applicant,
pezitioner or OSMRE official, as necessary, to
ensure that the EA accurately describes the
preposed action and to request additional
background information, if needed.

b. Existing Environmental Documents--The preparer
should draw upon evisting analysis by reviewing
previous EA's or EIS's. The use of existing
environmental documents may provide extensive
analysis and consistency with similar cases.
Pravious documents or portions thereof may be
incorporated into the EA by reference. Material
incorporated by reference should be summarized as
aporopriate for clarity and continuity of text (40
CFR 1502.21). In certain cases, it may be
aporopriate to adopt existing NEPA documents. (40
CFR 1506.3). Also, adopted EA's may have to be
augmented (See 516 DM 3.6).

5. Intergovernmental and Public Review--The responsible
OSMRE official is encouraged to provide notice to the
general public as well as to other agencies when a
proposed action covered by an EA is likely to generate

2-6


OSMRE NEPA HANDBOOK

CONTENTS
Chapter 1. Introduction Page
A. Purpose ...
B. Policy ....

c. Scope ......
D. Definitions .....-- cc cece eee eee eee eee
E. Common acronyms used in this handbook
F. Use and organization of this handbook
G. Responsible staff .........5 ee eee eee ee

DAA RHEH

Chapter 2. NEPA documents

A. Determining the type of NEPA document ........... 2-1
B. Factors to be considered in determining whether to
prepare an environmental assessment or an

environmental impact statement ......... 2-2
c. Environmental assessment ......... 2-4
D. Finding of no significant impact (FONSI) ... .. 2-9
E. Environmental impact statements ..... e. 2-11
F. Special areas «+ 2-29
G. Attachments .... . «+s 2-36
Chapter 3. Agency, interagency and public involvement
A. Lead and cooperating agencieS .......eeeeeseeeeee G1
B. Adopting environmental documents
prepared by other agencies .......... - 3~4
c. Public access to NEPA de~uments - 3-6
D. Public hearings and Meetings.... - 3-6
E. Attachment ..... - 3-11
Chapter 4. Special considerations for certain actions
A. Unsuitability petitions ............8eeee 4-1
B. Mining plan permit application packages . 4-1
c. Abandoned Mine Land Reclamation Program ......... 47-3


OSMRE NEPA HANDBOOK 2.E.3.t.

review of PFEIS's for actions that originate
within their respective jurisdictions. A copy of
the PFEIS should be presented to the appropriate
Solicitor with sufficient time for review and
comment. AD/PP has the authority to approve the
printing and distribution of all delegated EIS's.

Preparation, Approval, Printing, Filing With EPA
and Distribution of Final EIS--Headquarters

review of a PFEIS is similar to review of the
PDEIS. Copies of the PFEIS are sent to BEEA so
that BEEA can send each reviewer a copy, allowing
enough lead time for sufficient review and
comment. BEEA assembles the comments from all
reviewers and prepares guidance representing all
their concerns (including BEEA). BEEA coordinates
between the project leader and the reviewers to
reach a consensus on any necessary changes in the
PFEIS. This procedure expedites approval of the
FEIS by the ADPP, contingent upon these changes,
when the FEIS is revised and submitted for final
approval to print and distribute. If the action
requires approval by the Headquarters Solicitor,
Under Secretary or more than one Assistant
Secretary (AS), final approval is given by OEPR,
acting for the AS/PBA. The procedures for
printing, filing with EPA, and distribution of the
FEIS are identical to those listed for the DEIS.

Liritation on Actions during NEPA Process--Until
OSMRE issues a Recc 4 of Decision, no agency
decision should be made on the proposal which
would be inconsistent with 40 CFR 1506.1.

Record of Decision (ROD), Final Agency Action
(516 DM 5.4 and 40 CFR 1506.10)--After the final
EIS is made available to the public, a final
agency decision cannot be made until 30 days after
the EPA notice of filing is published in the
Federal Register. A concurrent waiting period of
90 days after EPA notice of the DEIS also is
required. The ADPP may extend the 30 or 90 day
periods or, acting through OEPR, reduce this
period for compelling reasons of national policy
(40 CFR 1506.10(d)).



NEPA HANDBOOK ENVIRONMENTAL IMPACT STATEMENT—Continued

Figure C (Continued)

!

COMMENTS RECEIVED
AND FILED WITH HQ
ADMINISTRATIVE RECORD
OR FIELD OPERATIONS

i

COMMENTS REVIEWED
AND RESPONSES TO
COMMENTS PREPARED
BY TEAM

i

PREPARE PRELIMINARY
FINAL EIS

|

EIS PREPARER AND
HQ OR F

REVIEW OF PRELIMINARY
FINAL EIS. AS APPLICABLE

}

TEAM PREPARES
FINAL EIS

BEEA COORDINATES
DEPARTMENTAL REVIEWS.
AND APPROVAL TO
PRINT WHEN REQUIRED

i

APPROVAL OF FEIS BY
DIRECTOR OR ADPP
FOR HQ.

AS APPLICABLE

FINAL
EIS IS PRINTED

FILE WITH HQ ;
FILE FR COPIES TO STATE COPIES TO
NOTICE OF Be eens a CORD AND COMMENTING CLEARING- PUBLIC BY
AVAILABILITY FIER OBE Ae TONS PARTIES HOUSE REQUEST
¥
30-DAY

WAITING PERIOD

J

DECISION ON
PROPOSED ACTION

215.


RECORD OF CHANGES

CHANGE
NUMBER

DATE OF
CHANGE

DATE
ENTERED

BY
WHOM ENTERED



OSMRE NEPA HANDBOOK
Attachment 2.2 (Cont'd)

Environmente Impacts of the Proposed Action and
Alternatives:

Impacts--Anzlyze the individual and cumulative impacts of
the proposecl action and any alternatives under active
consideration. Present the impact analyses in the same
order as in the Alternatives Considered section (e.g.,
proposed action first, etc). Discuss impacts on each
environmental resource, factor, or concern described in
section D, Affected Environment. Include in the
introduction for each alternative a statement that only the
environmentzl resources, factors, or concerns that would be
affected will be discussed. Making one negative
declaration for all environmental components, resources, or
concerns thet would not be impacted is permissible (i.e.
"The following environmental resources, factors, or
concerns would not be impacted:...."). Evaluate the direct
and indirect. impacts of the proposed action and each
alternative under active consideration on any significant
environmentz1 resource, factor, or concern. Evaluate
impacts only as needed for the decision maker to determine
whether there are significant environmental impacts which
may require the preparation of an EIS. DO NOT use the term
"significant." in the EA. Describe and quantify, where
possible, the levels of impacts. Characterize impact
levels, i.e., negligible, minor, moderate, major, or low,
medium, high, etc.

Mitigation---Discuss mitigation measures in any
alternatives, including the applicant's proposal, that
could reduce or eliminate any identified impacts. Indicate
the degree that they would 1~duce impacts. Remember,
mitigation is relevant only if included as part of a
proposed or alternative action. Indicate who is committed
to carrying out the mitigation measures, i.e., the
applicant, OSMRE, both, etc.

Unavoidable Adverse Impacts--Discuss the adverse impacts
that would remain after mitigation, if any, that is
included in the proposed action or alternatives.

Summary--Summary of the proposed action, alternatives and
their beneficial and adverse impacts, as appropriate.
Compare the impacts associated with each alternative under
active consideration, including the proposed action.


OSMRE NEPA HANDBOOK 2.E.3.n. (1)

further processing, BEEA will provide

written guidance. BEEA staff will

coordinate review of the EIS with the
Solicitor's Office and OEPR. For an EIS
prepared in the field, BEEA will notify the
ADFO of its approval or disapproval, and that
the EIS may be printed and distributed. (See
Attachment 2.6, example of approval
memorandun. )

(2) The BEEA staff files the printed DEIS or FEIS
with EPA and OEPR. (See Attachment 2.7,
sample letter to EPA forwarding the EIS to
EPA. BEEA provides the forwarding letters
for non-delegated EIS's on a case-by-case
basis.) The project leader must send 20
printed copies to BEEA which distributes
these as follows:

° BEEA delivers 5 copies to OEPR with a
transmittal letter. OEPR assigns a
number to the printed document.

° After the number is assigned, BEEA
delivers five copies to EPA along with a
transmittal letter (from the ADPP or
from the Director of OEPR, if
applicable) to the EPA Office of
Federal Activities.

° BEEA retains 10 copies.

(3 The Field Ope xtions office or, for

Headquarters actions, BEEA, distributes
copies of all draft and final EIS's to the
public and to appropriate agencies concurrent
with BEEA's filing of the EIS with EPA. The
ADFO, or BEEA, as appropriate, should have
enough printed copies of the final EIS
printed to make it available to all those who
commented on the draft and/or requested a
copy of the document.

OSMRE Notice of Availability--OSMRE is required to

publish in the Federal Register a notice of
availability to give the public notice that
DELS OR FEIS is available for distribution.
AD2?P signs the notice of availability. The

the
The
notice


Cc.

OSMRE NEPA HANDBOOK 2.F.5.c.

Endangered Species--OSMRE consults with the
appropriate Regional Directors of the USFWS
and the National Marine Fisheries Service
(NMFS) to ascertain whether any species
listed or proposed to be listed on the
Federal Endangered Species List may be
present in the area that would be affected by
a proposed action. OSMRE must coordinate
with the USFWS, as required by section 7 of
the Endangered Species Act. When applicable,
OSMRE may include in the NEPA document the
biological assessment, the results of the
consultation process, the analysis of any
steps taken to avoid impacts on a species,
and any other pertinent information to
document compliance with the Endangered
Species Act. OSMRE must, however, fully
analyze the impact on any endangered species
in any EA or EIS undertaken.

and Scenic Rivers

Compliance--An OSMRE action may necessitate
compliance with the the Wild and Scenic
Rivers Act of 1968 (Public Law 90-542), as
amended, OEPR Memorandum ES80-2; and CEQ
Memorandum dated 10 August 1980 concerning
interagency consultation.

Responsibilities--Section 7 of the Wild and
Scenic Rivers Act of 1968 applies to OSMRE
actions involving a wild and scenic river, or
one proposed f-r such designation, that would
have a direct adverse effect on the values
for which the river was designated. OSMRE
staff should review the Wild and Scenic
Rivers Act and subsequent amendments to
determine whether an action will affect an
established or designated river. OSMRE
should consult with the land managing agency,
i.e., State, Bureau of Land Management, Fish
and Wildlife Service, National Park Service,
Forest Service, etc., to receive their
comments on all Wild and Scenic Rivers, both
designated and study rivers. The Secretary
of the Department (Interior or Agriculture)
charged with administration of the river
makes a determination of the effect,


OSMRE NEPA HANDBOOK 2.E.3.h.

Scoping Meeting--The purpose of a scoping meeting
is to bring together interested parties to discuss
the scope of the proposed action and alternatives,
or other significant issues relating to EIS
preparation. It is not a forum to discuss the
desirability of the proposed action. Rather, its
purpose is to describe the proposed action and to
identify impact topics, additional information,
data, alternatives, and national, state, and local
cor.cerns for consideration in preparing the EIS.

(1) Advertising a Scoping Meeting--Notice other
than the NOI may be necessary to reach
interested parties. News releases in the
local and regional news media, and mining
association journals, notices posted in
public buildings, and written or telephone
contact with individuals requesting their
attendance can all be used to assure public
participation in the scoping meeting.

{2) Scoping Documents--Individuals attending the
scoping meeting should be given a concise
document concerning the need for the EIS and
which describes the proposed action,
alternatives, key issues, and the scope and
limitations of the analysis. The general
text of a preparation plan may be used as
the scoping document.

(3) Feedback--Following a scoping meeting
participants should be encouraged to provide
comments to tk EIS preparer on the issues
raised. Comments may be received by
telephone; however, a letter from the
commenter is preferable.

Preparation of Environmental Impact Statement
(E1S). This section provides guidance on EIS
format and scope of analysis.

(1) Format--The CEQ regulations specify the
length and format of an EIS. The text of
all FEIS's normally should be less than 150
pages, exclusive of preliminary pages,
references, and appendices. For proposals of

2-18


OSMRE NEPA HANDBOOK 2.A.3.c.

c. Exceptions--Under certain circumstances, some
actions that otherwise would be categorically
excluded may require additional environmental
review (516 DM 2.3A(3) and (4), and 516 DM 2,
Appendix 2 (Handbook Appendix III)).

Environmental Assessments-~If the proposed action is
not statutorily or categorically excluded, an EA should
be prepared unless the action is listed as normally
requiring an EIS (516 DM 6, Appendix 8, Section 8.3) or
clearly would have significant impacts. If no
significant impacts are identified through preparation
of an EA, a finding of no significant impact (FONSI)
should be prepared. If the EA concludes that
significant impacts could occur, an EIS is required
prior to a decision on the action. The purpose and
preparation of an EA are discussed in section C of this
chapter.

Environmental Impact Statement--If a proposed action
has the potential for causing significant impacts on
the quality of the human environment, an EIS is
required. An EIS analyzes the context and intensity of
the impacts on the environment that would result from
the proposed action and its reasonable alternatives (40
CFR 1502.2(d)). The purpose and preparation of an EIS
are discussed in section E of this chapter.

Factors to ke Considered in Determining Whether to Prepare

an Environmental Assessment or an Environmental Impact

Statement

1.

Introduction--To determine which document is
appropriate, it is necessary to determine if the
proposed action is a major action significantly
affecting the quality of the human environment. This
determination is subject to variable interpretation,
and no hard- and -fast rules are available to label an
action conclusively one way or another.

"Significance" Criteria--The criteria in 40 CFR 1508.27
which cefines the term "significant" should be used in
evaluating significant issues of alternatives,
including the proposed action, to determine if the
Federal action is a major action affecting the quality
of the human environment (40 CFR 1508.27(b)(1) to (10),
Handbock Appendix II).

Other Factors--Other factors to be considered include:


OSMRE NEPA HANDBOOK 3.D.3.

procedural ground rules; determining that sufficient
seating would be available; and preparation of
handouts. These preparations are discussed in detail
below.

a.

Determine Whether to Hold a Hearing or Meeting--
Before any arrangements can be made, it must be
determined whether there is a need to hold a
hearing. Unless a hearing is required by law, an
informal meeting generally is preferable.
Preparation for a hearing is more extensive than
for a meeting. However, hearings which are
formal, transcribed, and limited to the receipt of
testimony are far easier to manage. In contrast,
meetings provide for greater interaction, are not
as easily managed, and may develop a greater
amount and depth of public participation.

Determine the Number and General Location(s) of
the Hearing(s) or Meeting(s)--If a large
geographic area is involved, hearings should be
held in two or more locations to encourage greater
public participation.

Make_Arrangements for Specific Dates, Times and
Locations--Date(s), time(s) and location(s) are
arranged and confirmed before any public notices
are prepared. It is helpful to hold hearings in
the afternoon and evening at the same location
(e.g., 1:00 p.m. and 7:00 p.m.) to enable persons
to participate who might otherwise be unable to do
so. Location is important for a hearing which
should be held in i well-known, easily accessible
building. Adequate seating capacity, tables,
ventilation and sound equipment are also
important. The size of the room and the use of a
public address system should be based on the
potential attendance. Consideration should be
given to other concurrent events which might
conflict with the hearing. You may need to
arrange for name placards for the panelists, water
pitchers and glasses, three-prong electrical
adapters, extension cords, directional signs and
arrows, transportation and lodging for agency
participants, typewriters, name tags, sign-in
sheets, and project maps or other graphics.


OSMRE NEPA HANDBOOK
Attachment 2.2 (Cont'd)

G. Persons and Agencies Contacted to Assist in the Preparation
of the Environmental Assessment--List the following:

1. The OSMRE contact for the proposal,

2. Any other person or agency directly involved in the
propos2d action;

3. Any other person or agency providing information for
the Environmental Assessment.

He Preparer-~List the name of the person who prepared the
environmental assessment, and his or her position, agency,
branch, city and State.

I. References Cited (if any)--List any references cited.



OSMRE NEPA HANDBOOK 2.G.
Attachment 2.3 (Cont'd)

"2. OSMRE will implement (the proposed action,
project, etc.) with the following mitigation
measures. (List mitigation measures)" or
"Mitigation measures identified for the proposed
action in (cite specific location in the EA) will
ensure that impacts would not be significant."

(Authorized Official) Title/Position Date

2-4la


OSMRE NEPA HANDBOOK 2.C.1.

propose! action and alternatives, assembly of relevant
existing information, baseline data, and other studies,
and evajuation of potential impacts. (See EA
Flowchart, Figure B.) Scoping is not required, but may
be useful in determining the content of an EA.
Analytical emphasis should be placed on the proposal.
For Field Office-originated actions, the FOD shall be
responsible for preparing an EA and determining whether
to prepz.re a FONSI or EIS. For Field Operations
Office-originated actions, the Assistant Director,
Field Operations, shall be responsible for preparing an
EA and for making this determination. For
Headquarters-originated actions, the Chief, Division of
Technicz.l Services, shall be responsible for preparing
an EA and for making this determination. Any
announcement published for an OSMRE proposed action,
such as a rule, should specifically state any
availability of or intention to prepare an EA.

Preparation of the EA

a. Desiignate EA Preparer--Once the decision to
prepare an EA is made, the OSMRE official
responsible for the action should designate a lead
person to be responsible for preparing the EA.

b. Format _of EFA--See Attachment 2.2 for the
recommended format and required content of an EA.
While the EA format may vary from that
recommended, the content should remain consistent
with Attachment 2.2.

Completion of the EA

a. Review the EA--Upon completion of the initial EA,
it should be reviewed for accuracy. It may need
to be revised or supplemented if, during the
course of the EA process, it becomes apparent
that the EA is inadequate, contains erroneous
analysis or conclusions, or the nature of the
proposed action has changed.

b. Prepare a FONSI--A FONSI is prepared to document a
det.ermination that the proposed action will have
no significant impact on the quality of the human
environment, and therefore an EIS is not required.