DRAFT FOR PUBLIC REVIEW

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 est ablish Department of Homeland Security (DHS) policy for implementing the require ments of the Nati onal Environmental Policy Act (NEPA) and the Council on Envi ronmental Quality (CEQ) Regulations for Implementing the Procedur al Provisions of NEPA. Instruction Manual 023-01- 001-01 (Instruction Manual) provides t he procedures for implementing this

Directive. This Directive and the Inst ruction Manual adopt and supplement the CEQ regulations and are to be used in conjunction with those regulations. Together, this Directive and the Instructi on Manual help ensure t he integration of environmental stewardship into DHS dec ision making as required by NEPA.



## II. Scope

A. Policy and procedures in this Directi ve and the Instruction Manual apply to all DHS Components, direct appropriate compliance with NEPA, and are to be used in the planning and impl ementation of DHS program s, 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; promul gation of regulations; acqui sitions 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 M anual provide for a flexible framework for implementing NEPA in DHS. To im plement NEPA within their respective organizations to fit their unique missi ons, needs, and capabilities, Components have the option of develop ing 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);DRAFT FOR PUBLIC REVIEW

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2 Revision #01 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, Delegati on to the Under Secretary for Management;

F. DHS Delegation 00500, Delegati on for Administrative Services;

G. DHS Delegation 00501, Delegati on for Environmental Management, Energy Management, and Environm ental Planning and Historic

Preservation.



## IV. Responsibilities

A. The Departmental Chief Readine ss 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 Envir onmental 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-matte rs 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 fo r a delegation of authority to approve NEPA documents; andDRAFT FOR PUBLIC REVIEW

Directive 023-01

3 Revision #01 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 M anager (EPPM), as to whether a proposed action constitutes a major feder al action to which NEPA applies;

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

4. Coordinates DHS legal position wi th the Department of Justice, as appropriate, in the event of litigation.

D. Heads of Components:

1. Integrate the require ments 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 Supple mental 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 Suppl emental Instructions;

6. Designate an EPPM with t he authority to oversee the implementation of this Directive and the Instruction Manual, to be the primary point of contact for SEP r egarding NEPA matters, and to receive any delegation of authority upon t he Director of SEP’s approval of Component Supplemental Instructions; and

7. Provide NEPA documents to t he Director of SEP for approval, when such approval is required, unless otherwise delegated.



## V. Policy and ProceduresDRAFT FOR PUBLIC REVIEW

Directive 023-01

4 Revision #01 A. It is DHS policy to comply with NE PA. Environmental stewardship and DHS missions are compatible and comp lementary. NEPA requires federal agencies to use all practicable means withi n their authority, and consistent with

other essential considerat ions 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 futu re generations of Americans. Integrating t he environmental planning re quirements of NEPA with the planning and implementation of DHS ac tions helps to achieve environmental sustainability goals.

B. Compliance with NEPA does not alleviate the need to comply with numerous other laws, regulations, Execut ive Orders, and other requirements established for the protection and stew ardship 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 proc ess 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 approp riate 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 integrat ed 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 Dir ective and definitio ns of terms are

found in the Instruction Manual.



## VI. Questions

Address any questions or concerns regardi ng this Directive and the Instruction Manual to the Departmental CRSO through the Director of SEP.DRAFT FOR PUBLIC REVIEW

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5 Revision #01 [Name] Date

[Title]