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 Directive 023-01 

 1 Revision #01 

Department of Homeland Security

DHS Directives System

Directive Number: 023-01 

Revision Number 01

Issue Date: 

IMPLEMENTATION OF THE NATIONAL 

ENVIRONMENTAL POLICY ACT 

I. Purpose 

The purpose of this Directive is to establish Department of Homeland Security 

(DHS) policy for implementing the requirements of the National Environmental 

Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations 

for Implementing the Procedural Provisions of NEPA. Instruction Manual 023-01-

001-01 (Instruction Manual) provides the procedures for implementing this 

Directive. This Directive and the Instruction Manual adopt and supplement the 

CEQ regulations and are to be used in conjunction with those regulations. 

Together, this Directive and the Instruction Manual help ensure the integration of 

environmental stewardship into DHS decision making as required by NEPA. 

II. Scope 

A. Policy and procedures in this Directive and the Instruction Manual apply to 

all DHS Components, direct appropriate compliance with NEPA, and are to be 

used in the planning and implementation of DHS programs, projects, and other 

activities as described in 40 CFR 1508.18 (herein after collectively referred to as 

“action”). DHS actions include, but are not limited to, the following: mission and 

operations planning; promulgation of regulations; acquisitions and procurements; 

asset and facility management; research and development; issuance of permits; 

and grants and other forms of federal assistance. 

B. This Directive and the Instruction Manual provide for a flexible framework 

for implementing NEPA in DHS. To implement NEPA within their respective 

organizations to fit their unique missions, needs, and capabilities, Components 

have the option of developing Supplemental Instructions and of obtaining a 

delegation of authority to approve NEPA documents. 

III. Authorities 

A. 42 United States Code [U.S.C.] 4321-4335 (The National Environmental 

Policy Act of 1969); 
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B. 40 Code of Federal Regulations [CFR] Parts 1500-1508 (The Council on 

Environmental Quality Regulations for Implementing the Procedural 

Provisions of NEPA); 

C. 6 U.S.C. Section 112 (“Secretary, functions”); 

D. 6 U.S.C. Subchapter VII (“Management”); 

E. DHS Delegation 00002, Delegation to the Under Secretary for 

Management; 

F. DHS Delegation 00500, Delegation for Administrative Services; 

G. DHS Delegation 00501, Delegation for Environmental Management, 

Energy Management, and Environmental Planning and Historic 

Preservation. 

IV. Responsibilities

A. The Departmental Chief Readiness Support Officer (CRSO) in the 

Management Directorate: 

1. Exercises DHS-wide authority and responsibility for various 

management functions, including environmental programs and among 

which is the implementation of NEPA; and 

2. Provides guidance, direction, and oversight to the Director of 

Sustainability and Environmental Programs (SEP). 

B. The Director of SEP: 

1. Develops policy and guidance and establishes standardized 

requirements and processes for implementing NEPA across DHS; 

2. Serves, unless otherwise delegated, as the single point of contact 

for DHS on NEPA and NEPA related-matters in interactions with CEQ, the 

Office of Management and Budget (OMB), the Advisory Council on 

Historic Preservation (ACHP), and other federal agency headquarters; 

3. Approves Components’ Supplemental Instructions for implementing 

NEPA within their respective organizations; 

4. Approves Components’ requests for a delegation of authority to 

approve NEPA documents; and 
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5. Approves NEPA documents, when such approval is required, unless 

otherwise delegated. 

C. The Office of General Counsel: 

1. Provides, upon request, legal advice to leadership and 

management regarding DHS compliance with NEPA; 

2. Advises Proponents, in consultation with the respective 

Environmental Planning Program Manager (EPPM), as to whether a 

proposed action constitutes a major federal action to which NEPA applies; 

3. Provides, upon request, review of NEPA documents for legal 

sufficiency; and 

4. Coordinates DHS legal position with the Department of Justice, as 

appropriate, in the event of litigation. 

D. Heads of Components: 

1. Integrate the requirements of this Directive and the Instruction 

Manual into their respective mission activities, including providing for 

adequate staff and funding; 

2. Ensure that any commitments made in NEPA decision documents 

are implemented as agreed upon and are monitored for effectiveness; 

3. Have the option to develop Supplemental Instructions for approval 

by the Director of SEP; 

4. Have the option to request a delegation of authority from the 

Director of SEP to approve NEPA documents in their respective 

component; 

5. Implement approved Supplemental Instructions; 

6. Designate an EPPM with the authority to oversee the 

implementation of this Directive and the Instruction Manual, to be the 

primary point of contact for SEP regarding NEPA matters, and to receive 

any delegation of authority upon the Director of SEP’s approval of 

Component Supplemental Instructions; and 

7. Provide NEPA documents to the Director of SEP for approval, 

when such approval is required, unless otherwise delegated. 

V. Policy and Procedures
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A. It is DHS policy to comply with NEPA. Environmental stewardship and 

DHS missions are compatible and complementary. NEPA requires federal 

agencies to use all practicable means within their authority, and consistent with 

other essential considerations of national policy, to create and maintain 

conditions under which people and nature can exist in productive harmony and 

fulfill the social, economic, and other needs of present and future generations of 

Americans. Integrating the environmental planning requirements of NEPA with 

the planning and implementation of DHS actions helps to achieve environmental 

sustainability goals. 

B. Compliance with NEPA does not alleviate the need to comply with 

numerous other laws, regulations, Executive Orders, and other requirements 

established for the protection and stewardship of the human environment. 

However, the process of complying with NEPA can provide a framework to 

achieve compliance with many of these other requirements. To the fullest extent 

possible, DHS integrates the NEPA process with compliance activities for these 

other requirements. 

C. Within Components, the Proponent of a proposed action is responsible for 

ensuring that the NEPA analysis and appropriate documentation is completed 

before a decision is made and with sufficient time to have a practical influence on 

the decision making process. 

D. DHS establishes and implements cost effective approaches for achieving 

NEPA compliance that are integrated into DHS missions and activities. 

E. DHS makes proposals for substantive revision to this Directive or the 

Instruction Manual available for review by CEQ and the public, as required by 40 

CFR 1507.3. 

F. Procedures for implementing this Directive and definitions of terms are 

found in the Instruction Manual. 

VI. Questions 

Address any questions or concerns regarding this Directive and the Instruction 

Manual to the Departmental CRSO through the Director of SEP. 
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