SUPPLEMENTAL GUIDANCE
USGS PARTICIPATION IN THE NEPA PROCESS
OF ANOTHER FEDERAL AGENCY

The Department of Interior (DOI) considers it a priority to provide competent and timely review of Environmental Impact Statements (EISs) and other related environmental documents prepared by other Federal agencies under the National Environmental Policy Act (NEPA). These reviews are predicated on the Department’s jurisdiction by law or special expertise with respect to the environmental impact involved and shall provide constructive comments to other Federal agencies to assist them in meeting their environmental responsibilities (Departmental Manual (DM) Part 516, Chapter 7).

This supplement guidance outlines the role and responsibilities of U.S. Geological Survey (USGS) employees’ participation in the NEPA process of another Federal agency and how official comments from the USGS on EISs, environmental assessments (EA), and other related environmental documents (collectively referred as NEPA documents) are to be communicated to the proponent Federal agency. 

Bureau Coordination of NEPA Document Reviews

The USGS manages its NEPA compliance responsibilities as specified in Chapter 9 of DM Part 516. These procedures specify that the USGS Senior Advisor for Science Applications is responsible for providing policy guidance, direction, and oversight for environmental activities, is responsible for approving USGS reviews of NEPA documents, and has official signatory authority for USGS comments on NEPA documents prepared by another Federal agency. Supporting the Senior Advisor is the Environmental Affairs Program (EAP). The EAP, housed within Water Resources, is the focal point for all NEPA activities within the Bureau. Staff attached to the Water, Geology, and Biology Discipline Offices support the EAP on a full-time basis by conducting interdisciplinary reviews of NEPA documents developed by other Federal agencies. Associate Directors, Regional Directors, and Cost Center Directors are responsible within their respective organizations for ensuring compliance with NEPA, as well as implementing Survey policies and procedures concerning NEPA and applicable consultation requirements.

Role and Responsibilities of USGS Staff in the Review of NEPA Documents

The Council on Environmental Quality (CEQ) has instructed Federal agencies to submit their NEPA documents to the DOI Office of Environmental Policy and Compliance (OEPC), which will coordinate document reviews with all DOI bureaus. Survey staff participation in the NEPA review process normally is limited to providing the EAP with data and information relevant to assessing the potential impacts of the proposed Federal action. On occasion, staff also may be requested to conduct a supplemental review of an EIS when a scientist has unique or extensive knowledge or expertise that is very relevant to the proposed action. Supervisors are asked to consider these reviews a regular part of their employee’s responsibilities to the public and other Federal agencies. Funding to support the review will not be available from the EAP except in special circumstances.

However, Federal agencies often will directly contact field managers and scientists for data, information, consultation, services, and reviews related to their NEPA activities, especially when there is an existing partnering relationship or when the other Federal agency has determined that the special expertise of a Survey scientist is needed.  Such cooperation is encouraged and often can lead to new program opportunities. In all circumstances, NEPA review policy, procedures, and signatory requirements prescribed in DM Part 516, Chapter 9 must be followed including notifying the EAP of the receipt of a draft EIS and plans to participate in the NEPA process of another Federal agency. This required notification will ensure that all appropriate procedures are followed and that staff are afforded an opportunity to contribute to the official Departmental comments. Ultimately, it is the responsibility of the Cost Center Director to ensure that appropriate policies and procedures are followed as outlined below.

The overarching policy when participating in the NEPA process of another Federal agency is as with all work conducted by the USGS:

The reputation of USGS science for excellence and objectivity is the Survey’s most important asset. Consequently, representatives of the USGS shall not at any time recommend or appear to advocate or prescribe a particular public policy or course of action, verbally or in writing.

Another Federal agency may contact a Survey manager or scientist at various stages of their NEPA process.

Federal agency requests informal consultation with the USGS prior to or during the NEPA process or provides a description of a proposed action, Notice of Intent (NOI) to prepare a NEPA document, or a scoping meeting announcement.

NOIs and scoping notices formally mark the beginning of the environmental review process by a Federal agency. The objective at this early point in the process is to solicit information from the USGS concerning potential environmental impacts and to request relevant data and information. The USGS will provide relevant data and Survey publications at no cost to another Federal agency. A Survey representative may be asked to provide scientific opinions concerning potential environmental implications of the proposed Federal action or recommend the type of monitoring or investigations that may be needed. Such informal consultation with the proponent Federal agency is allowable as the USGS has an obligation to assist other Federal agencies in areas where the Bureau has special expertise. However, all informal consultation and communications must be consistent with the overarching policy of maintaining objectivity.

NOIs are published in the Federal Register usually along with the announcement of a scoping meeting. Such notices have too little information to permit meaningful review, but they may warrant follow-up communications with the proponent Federal agency by a Survey manager or scientist for the purposes of providing relevant data and information, and to explore opportunities for the development of scientific program.

Notification requirements: The EAP will forward NOIs and scoping meeting announcements for potential Federal actions that may be on particular interest to the USGS to appropriate cost centers and other offices.

Federal agency requests that the USGS provide on-going technical consultation and assistance, collect scientific data, or conduct a scientific investigation prior to or during the NEPA process for a proposed action.

The USGS will provide relevant existing data and publications at no cost to another Federal agency.  The cost center director or office chief should determine if the scope of technical assistance or other work requested must be provided on a reimbursable basis under an Interagency Agreement (IAG). The scope of work can include services for another Federal agency that appear to touch on consulting services, which is allowable under the Economy Act. Commonly, the USGS will be asked to make presentations at public meetings convened by the proponent Federal agency concerning the work that is being performed. However, all technical assistance, services, and communications must be consistent with the overarching policy of maintaining objectivity and conform to Fundamental Science Practices (in-draft). Also, written comments on technical documents other than a draft EIS should state that the review does not represent the Department’s review.

Notification requirements: The cost center director or office chief must submit written notification (email preferred) to the Chief of the EAP and the appropriate Regional Executive of their intent to officially participate in the NEPA process of another Federal agency. This advanced notification will ensure that the cost center is provided an opportunity to participate in the bureau’s interdisciplinary review of the NEPA documents related to the proposed action and contribute to the official Departmental comments.

Federal agency sends a draft EIS or EA directly to a cost center director or Survey scientist for review.

DM Part 516, Chapter 7 requires that the USGS inform the requesting Federal agency of the Department’s NEPA review procedures and promptly refer the request and the draft EIS or EA to the OEPC. [1] The cost center director or office chief may elect to participate with the EAP in the Survey’s review of the NEPA document, but only the Senior Advisor for Science Applications has official signatory authority for USGS comments on NEPA documents prepared by another Federal agency. The EAP will consolidate the comments from each discipline, conduct a peer review consistent with Fundamental Science Practices, and prepare an official transmittal letter for the Senior Advisor’s consideration. The official USGS comments are sent to the designated lead bureau, which will consolidate comments from all the DOI bureaus into a coordinated Departmental response for review and signature by the Chief of the OEPC or Regional Environmental Officer, as instructed.

USGS comments on an EIS or EA are considered an administrative report and will become part of the public NEPA record under the control of the proponent Federal agency. Chapter 7.6 of DM Part 516 states that “prior to the public availability of another Federal agency’s final EIS, the Department (and bureaus) shall not independently release to the public its comments on that agency’s draft EIS.”

Notification requirements: The cost center director or office chief must inform the requesting Federal agency of the Department’s review procedures and promptly refer the request and the draft EIS or EA to the EAP with a copy of the referral memorandum to the appropriate Regional Executive. In the memorandum, interest in participating in the Survey’s review should be indicated. The EAP will notify the OEPC of the receipt of the draft EIS or EA, obtain the DOI control number, and coordinate the Bureau’s interdisciplinary review.