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pdfGENERAL ADMINISTRATION MANUAL
Part 30 Environmental Protection
Contents
Chapter
Title
30-00
Environmental
30-10
Policy
30-20
Administrative
30-30
General Review Procedures for
All Environmental Acts
30-40
Cultural Asset keview
30-50
i\latural Asset Keview
30-60
t\rEPA Heview
30-70
.
Protection
keyuirements
keviewing External EIbs
HEW Chapter 30-00
General Administration Manual
HEW Transmittal 80.02 (S/1/80)
Page 1
Subject:
ENVIRONMENTAL
30-00-00
10
20
30
Purpose
Chapter Organization and Content
Summary Requirements for Departmental Components
Public Laws, Executive Orders and Regulations
Implemented by Part 30
Definitions
40
30-00-00
PROTECTION
PURPOSE
Part 30 of the General Administration Manual establishes
Departmental policy and procedures with respect to protection of the environment, and the preservation of historic
properties and other valuable national resources.
Under
Federal laws, regulations and Executive Orders, all Federal
Departments and agencies must take into account the
environmental consequences of their activities.
Included
are the activities of non-Federal organizations which
operate under the authority or with the support of Federal
Departments or agencies.
The terminology in this Part
differs in some respects from that associated with any
particular environmental law due to the fact that this Part
is intended to implement a number of laws with varying
requirements.
30-00-10 CHAPTER ORGANIZATION AND CONTENT
The chapters of Part 30 are organ.ized as follows:
0
Chapter 30-00 provides a summary of major procedurai
requirements, a list of Public Laws, Executive Orders,
Federal regulations and other authorities covered by
Part 30, and a list of definitioils.
0
Chapters 30-10 and 30-20 provide overall Departmental
policy with r=c
LQpect to environmental protection and a
summa'ry of internal administrative procecl,irE:s whiC1l
Departmental components must implement.
Page
HHS Chapter 3c!-.;!I\
2
General Administration Manual
HHS Transmittal 80.07 (10/27/80)
0
Chapter 30-30 provides a general summary of the environmental review process for Departmental activities under
all the environmental acts covered by Part 30.
0
Chapters 30-40, 30-50 and 30-60 provide detailed
requirements for each of the different environmental
acts covered by Part 30.
0
Chapter 30-70 provides Departmental procedures for
reviewing environmental documents prepared outside
of the Department.
30-00-20 SUMMARY
REQUIHEMENTS
FOR DEPARTMENTAL COMPONENTS
The following is a summary of the principal requirements
established by the Part.
A.
Administrative
1.
B.
Requirements
POCs must review all their activities and determine:
a.
those activities which normally do not cause an
environmental effect (as definedTythe
environmental acts), and therefore can be
categorically excluded from subsequent
environmental review or documentation
requirements;
b.
those activities which require and environmental review because they may cause a significant environmental effect under NEPA or
may affect an asset; and
c.
those activities which normally do cause a significant environmental effect unzr NBPA or
affect a cultural or natural asset and therefore require preparation of an environmerkta2
document.
2.
An activity may be categorically excluded from
review and documentation requirements under one CJL
more environmental acts, even though they may no:
(See 30-70-30,-40.1
be so excluded from all such acts.
3.
POCs shall adopt operating procedures for con;iucting
environmental reviews of those proposed actions which
have not been categorically excluded.
Review Procedures for Individual Proposed Action:?
1.
Environmental Reviews - Prior to taking an act.:,.?
not categorically excluded froR: review reyuirements, conduct an environmerpiar ravieh to det,>r?.j:-:>
the probably env::.rrmental ei'eq:ts Of the prOpu.jc:r’
action.
HEW Chapter 30-00
General Administration Manual
hEW Transmittal 80.02 (5/l/80)
2.
Page 3
Consultatron - Carry out the requirements for
involvement and intergovernmental consultation
as prescribed in the applicable environmental acts.
public
3.
Documentation - Prepare any required documentation
depending on the applicable environmental act and
the kind and degree of environmental effects caused
by a proposed action.
Finalize any draft documents
on the basis of public comments and intergovernmental consultation, as appropriate.
4.
Decision-making - Take environmental effects and
discussed in the final statement, into
account in decision-making.
Prepare a public
"record of decision" or other final docuszentation
if required by an environmental act.
30-00-30
values,
PUHLIC LAWS, LXLCU'i'IVE GKDEltS AND kEGULATIONS
IMPLEMENTED BY PART 30
The hollowing
list contains the various Public Laws, Lxecutive Crders, Federal regulations and other authorities
covered by Part 30:
A.
b.
Uational Cnvironmental
establishes a comprehensive
The
Policy Act (NEPA) (1)
policy for protection and
enhancement of the environment by the Federal government, (2) creates the Council on tnvironmental Quality
(CEQ) I and (3) directs Federal agencies to carry out
the policies and procedures of the act.
Executive
Orcier
11514,
March 5, 1970, directs the heads
of Federal agencies to monitor, evaluate and control
their ayencies' activities so as to protect and enhance
the quality of the environment.
C.
Executive Order 11941, May 24, 1977, directs CLQ to
issue regulations to Federal agencies for the implementation of the procedural provisions or NEPA.
HEW Chapter 30-00
General Administration Manual
HEW Transmittal 80.0% (S/1/80)
Page 4
D.
Lxecutive Grder 12114, January 4, 1979, directs Federal
agencies to further the purpose of NEPA with respect to
the environment outside the United States, its territories ancl possessions.
t2.
of the Council on Environmental Quality,
Federal agencies to adopt
procedures to supplement CEQ regulations for implementing the provisions of NEPA.
F.
The Coastal Zone Manayenent Act, 16 U.b.C. 1456 et.
seq., directs Federal agencies to conduct activities
consistent with an approved State coastal zone management program.
G.
The Wild and Scenic Rivers Act, 16 U.5.C. 1278, directs
Federal agencies to consider and preserve the values of
wild and scenic areas irl the use and development of
water and land resources.
ii .
Executive Order 11990, May 24, 1977, directs heads of
Federal agencies to avoid (1) the long- and short-term
adverse impacts associated with tne destruction or
modification of wetlands and (2) direct or indirect
support of new construction in wetlands whenever there
is a practical alternative.
I.
Executive Order 11988, May 24, 1977,
agencies to take action to avoid the
fication of floodplains and to avoid
support ot development in floodplain
there is a practical alternative.
J.
U.S. Water besources Council Floodplain Manaqement
Guidelines, February 10, 1978, provides guidance to
Federal agencies for implementing Executive Order
11988.
Yb.
Marine Protection, Research and Sanctuaries Act, 33
U .S.C. 1432f, provides for establishment ot marine
sanctuaries and directs Federal agencies to insure that
their actions are consistent with the intended use of
such areas.
lns jc?.Cj., serving on task forces,
ad hoc committees or representing HEW interests
in specific functional areas in relationship
with otner governmental and non-governmental
entities);
h.
Maintenance (e.g., undertaking repairs
necessary to ensure the functioning of an
existing facility), except for properties on
or eligible for listing on the National
Register of Historic Places;
i.
Statistics and information collection and
dissemination (e.g., collection of health and
demographic data and publication of compilations
and summaries);
j.
Technical assistance by HEW program personnel
(e.g., providing assistance in methods for
reducing error rates in State public assistance
programs or in determining the cause of a
disease outbreak); and
k.
Adoption of regulations and guIdelines pertaining
t3 the above activities (except technical
as:jistance and those r,esulting In population
changes).
HHS Chapter 30-20
General Administration Manual
HHS Transmittal 80.07 (10/27/80)
3.
Page 8
Category X3 - Program Exclusions
These exclusions result from a substantive review and determination by a POC that certain programs or certain activities within a program will not normally (a) significantly affact the human environment (as defined in NEPA)
or (b) affect an asset (as defined in the related acts)
regardless of the location or magnitude of the action.
For example, a POC, following its review, might determine that the following are unlikely to cause an environmental effect: assigning a member of the Health
Service Corps to a locality to supplement existing medical personnel or providing funds to support expansion of
emergency medical services in existing hospitals.
4.
Category #4 - Partial Exclusions
a.
A POC may determine that certain programs or elements may cause environmental effects with respect
to some, but not all, of the environmental acts.
For example, a POC may determine that actions associated with.a particular program might affect historical properties (e.g., the renovation of an SSA
district office in an historical district), but would
never "significantly affect the quality of the human
environment" (NEPA) or affect cultural and natural
The component
assets addressed by other related acts.
may then limit the environmental reviews to the provisions of the National Historic Preservation Act.
b.
An environmental review conducted previously may be
broad to satisfy 'environmental review requirements
For instance,
for future similar to related actions.
a POC may conduct an environmental review with respect
to a particular type of biological research, no matter where the research is conducted. Environmental
reviews of future similar or related research activities are not necessary if the effects of this new
research have been already addressed in the previous
environmental review.
C.
There are some programs which must take an action
:in thirty days in response to an emergency health
situation or because a law requires a Department ofSuch circumstances
ficial to act within thirty days.
must be identified in the Categorical Review process
and appropriate measures provided to comply with :he
intent of the laws, including appropriate consultations as required by NEPA and the related environmental
acts.
HEW Chapter 30-20
General Administration Manual
HEW Transmittal 80.02 (S/1/80)
- Page 9
30-20-50 ENVIRONMENTAL REVIEW PROCEDURES
A POC must conduct environmental reviews with respect to
all proposed actions which do not fall under categorical
exclusions fl, #2 or #3. Chapter 30-30 discusses the process for conducting an environmental review with respect to
a specific proposed action and for fulfilling documentation
and other requirements. Each POC shall ensure that its
programs have appropriate procedures for conducting
environmental reviews, for completing required documentation
and for ensuring public involvement and intergovernmental
consultation.
These procedures must be in writing and be
included in the internal administrative issuance system.
These procedures must, at a minimum, address the following:
.
k.
A list of those actions which the POC has categorically
excluded from further environmental review
requirements.
8.
A
list of those actions which require an environmental
review prior to taking the action.
C.
Designation of officials responsible for environmentrelated activities including determinations as to
whether to prepare a full statement or a limited statement, if one is required.
D.
Procedures for preparing and circulating environmental
statements (including data required by the applicable
environmental act for the type of action covered).
E.
Procedures for ensuring the coordination of environmental
review with program decision-making, including concurrent development and circulation of environmental
documents with program documents and the identification
of key decision-making points.
k-.
Procedures for consulting with other Federal agencies
responsible for the environmental acts, if necessary.
G.
Procedures for developing lead agency agreements (as
described in 30-30-20 B below).
i-i.
A prohibition against precluding or prejudicing selection
alternatives in a full statement without regard to
environmental risks.
Ot
HEW Chapter 30-20
General Administration Manual
HEW Transmittal 80.02 (5/l/80)
Page . 4.Q
. .’
'I . .
*'
,
I.
.Procedures for establishing a .re'viewable record,
including making environmental statements and rela-ted
decision-making materials part of the record of formal
rulemaking and adjudicatory proceedings. ‘. ,. ,
J.
Provision for early consultation and assistance to, .
potential applicants and non-Federal entities in i
planning actions and developing information.necess+ry
...
for later Federal involvement (as described,:.in
30-30-20C below).
.
K.
Descriptions of circumstances which preclude completion
of environmental reviews within reasonable time frames
because of public health and safety considerations and
procedures Eor after-the-fact completion.
L.
Provision for ensuring that applications and other
materials from potential.grantees or other recipients
of Departmental funds, on a program-by-program basis,
include intormation necessary to conduct an environmental review. Such information shall include the
identification of any properties which may be eligible
for listing on the National Register of Historic
Places.
c.
M.
Provision for identifying cultural assets .which a
program controls through leases or Federal ownership,
and for nominating any eligible historical properties
to the National Register of Historic Places...
:
.
Page 1
HEW Chapter 30-30
General-Administration
Manual
HEW Transmittal 80.02 (S/1/80)
GENERAL
ACTS
Subject:
30-30-00
10
20
30
40
Exhibit
Exhibit
REVIEW PROCEDURES FOR ALL ENVIRONMENTAL
Overview
Summary Description
Environmental Review
Environmental Statements
Intergovernmental Consultation
Review
30-30-A
30-30-B
and
Document
Requirements of NEPA and the Related Acts
Flow Chart-Environmental Review Procedures
30-30-00 OVERVIEW
The environmental acts require a review of proposed Federal
actions whenever they will bring about environmental
effects, either within a human environment (as defined
under N&PA) or to,an historic property, endangered species
or other asset (as defined in the related acts).
The purpose of this Chapter is to describe overall the
steps which Department officials must take in conducting
Within
environmental reviews of specific proposed actions.
these general steps, the individual environmental acts
differ significantly with respect to public involvement,
intergovernniental consultation and documentation required.
The Chapters at 30-40, 30-50 and 30-60 following (entitled
Cultural Asset Review, Natural Asset Keview and NEPA
Review) diacuss these specific requirements in greater
detail.
Exhibit 30-30-A summarizes these differences.
30-30-10 SUMMARY DESCRIPTION
The following is a summary description of the general types
and sequence of activities which Departmental officials
should carry'out in reviewing specific proposed actions
under this Part. Exhibit 30-30-8 summarizes these activities.
A.
Determine that a proposed activity constitutes an
action a8 , defined under Section 30-00-40 (Definitions).
.*
.
,
,
I
HEW Chapter 30-30
General Administration Manual
HEW Transmittal 80.02 (S/1/80)
Page 2
B.
Determine whether the proposed action is categorically
excluded from all environmental review requirements.
If so, no further environmental review is necessary.
c.
Fo.r proposed actions not categorically excluded, conduct an environmental review in accordance with applicable
program environmental review procedures to determine
whether the proposed action will cause an environmental
effect under one or more of the environmental acts.
D.
Determine whether it is necessary to prepare a draft
statement and, if so, circulate the statement among the
public, Federal and non-Federal agencies and other
interested parties, as appropriate. '
E.
Carry out the reyuirements for public involvement and
intergovernmental consultation as required under the
applicable environmental acts, including any necessary
approvals.
F.
Prepare a final statement
decision-making process.
30-30-20
A.
ENVIKCNMENTAL
arld
procede with the program
E&VIEW
General
POCs must perform an environmental review for each proposed action not categorically excluded in accordance
with the POC's environmental procedures. The purpose
of an environmental review is to answer the followiny
general questions.
(Individual environmental acts
differ with respect to the specific scope and methodology required in conducting an environmental review.):
1.
hill a proposed action have an environmental
effect under any of the environmental acts as
defined ,in regulation or by court interpretation?
HHS Chapter 30-30
General Administration Manual
HHS Transmittal 80.07 (10/27/80)
B.
Page 3
2.
Which environmental acts apply to the proposed
action?
3.
Do any previous environmental reviews exist on
similar or related actions which could satisfy the
review requirements of a particular proposed
action?
4.
Should the HHS component prepare a limited statement or a full statement given the environmental
acts involved and the kinds and degree of environmental effects anticipated?
Agreements with Other Agencies
When two or more agencies are engaged in the same
action, a lead agency agreement provides one agency
with the authority to conduct the environmental review.
These agreements determine the content and type of
statement and specify which Federal agency will prepare it. The agreement includes a schedule for the
preparation and circulation of the document, as well as
an assignment of important tasks among the agencies
involved.
Lead agency agreements may be signed with
other agencies for individual actions or for a particu-'
lar type of action.
C.
Non-Federal
Agencies
Whenever an HHS program requests or permits a nonFederal agency to perform an environmental review,
the program shall outline the type of information
required, perform an independent evaluation and
assume responsibility for the scope and content of
the material.
30-30-30
A.
ENVIRONMENTAL
STATEMENTS
On the basis of the environmental review! EYX's shaZI
determine whether to prepare a limited environment&i
statement or a full environmental statement.
HHS Chapter 30-31r
General-Administration Manual
HHS Transmittal 80.07 (10/27/80)
Page 4
The designations "limited statement" and "full statement" refer to categories of documents as defined
earlier under 30-00-40 G and H. Each of the environmental acts specifies different documentation and
public involvement and consultation requirements within
these two general categories.
draft and
Full statements are prepared in two stages:
final. A final statement includes a consideration of
comments submitted by persons or organizations
reviewing the draft statement. Under some laws covered
by this Part, a limited statement may also have to be
prepared in draft for review and comment, before being
finalized.
The Chapters at 30-40, 30-50, and 30-60 following
(Natural Asset Review, Cultural Asset Review and NEPA
Review) discuss these different requirements in greater
detail and must be consulted to ascertain the specific
requirements of NEPA and each of the related acts.
B.
Description
1.
Full Statements
A full statement identifies the proposed action,
its purpose and its associated environmental
effects in comparison with no action by any organization to achieve the underlying purpose. It
further compares no action with other alternative
actions, including their environmental effects.
Draft full statements shall not exhibit biases
A final statement
in favor of the proposed action.
may include a recommendation with a rationale for
a preferred action.
2.
Limited Statements
A limited statement is generally a short concise
doculment which describes the proposed action, identifies its environmental effects and lists any
mitigating measures or safeguards that will lessen
or prevent dertain environmental changes from
occurring.
DOCs generally can use a draft limited
statement in order to satisfy any review, consultation and public notice requirements of the
environmental acts and to otherwise inform individuals and organizations who may be interested in or
affected by the proposed 'action (see Chapter
30-60 for correct NEPA terminology).
HHS Chapter 30-30
General Administration Manual
HHS Transmittal 80.07 (10/27/80)
C.
Page 5
Validity
Statements for continuing actions are valid for three
years, unless a change occurs in carrying out the
actions or pivotal new data concerning the effects of
each action is identified.
Statements for an individual action are valid for a
period of 18 months after the issuance of the documenReviews for individual actions not initiated
tation.
within 18 months require review and reissuance.
D.
Alternatives
Full statements must explore and evaluate reasonable
alternatives to the proposed action in terms of their
environmental consequences, benefits and costs and
Discontribution to the underlying purpose or goal.
cussion of alternatives must be sufficiently in-depth
to permit a meaningful comparison of alternative
courses of action.
Full statements shall consider the following categories
of alternatives, as appropriate:
1.
No action by any organization - This alternative
serves as a baseline against which to measure the
environmental consequences, costs and benefits of
the proposed action and other alternatives.
2.
Action Alternatives
- One or more alternative
-.-.-courses of actron directed at achieving the underlying purpose or goal. The full statement cannot
automatically exclude actions.
0
outside of the expertise or jurisdiction of
Departmental components, e.g., examining the
possible use of other real properties other
than that proposed for transfer by HEW; or
0
which only partially achieve an underlying
goal or objective, e.g., funding a health
care facility at a lower capacity for patient
care.
However, action alternatives considered must be
reasonably available, practicable and be related to
the underlying purpose or goal. A full statement
must include all reasonable alternatives.
HHS Chapter 30-30
General Administration Manual
HHS Transmittal 80.07 (10/27/80)
Page 6
3.
Alternative Safeguards - These are alternative
actions which could mitigate the adverse environmental consequences of one or more of the action
alternatives.
4.
Delayed Action Alternative - This alternative is to
postpone or delay a proposed action in order to conduct more research or for other reasons.
5.
Alternative Uses - When a proposed action would affect
a scarce or valuable resource (e.g., prime agricultural farmland), the potential alternative uses of
the resource must be identified so that they may
be compared with the value of the proposed action.
30-30-40
INTERGOVERNMENTAL CONSULTATION AND DOCUMENT
KEVIEW
POCS are responsible for meeting the various requirements
under environmental acts for intergovernmental consultation
and public involvement. These requirements differ significantly. POCs should refer to the more detailed descriptions
in Chapters 30-40, 30-50, and 30-60 and should consult an
environmental officer for guidance.
As required, POCs shall circulate draft statements for review
and comment, and otherwise make them available to the public
upon request. Statements should be circulated to the Federal
Agency responsible ofr administering the applicable environmental act, involved non-Federal agencies at the State or local
level, including A-95 clearinghouses, and interested public
persons or groups within the geographic area of the environment affected. The review period is generally no less than
30 days for a draft limited statement and no less than 60 days
for a draft full statement.
Whenever a draft statement is
significantly revised because of comments received or because
the nature or scope of the proposed action changes significantly,
CirPOCs shall prepare a new draft statement for circulation.
culation of certain portions of the document is not necessary
when it involves the following:
A.
National Security. Circulation of classified sections
of environmental documents are subject to regulations
pertaining to matters of national security.
B.
Trade Secrets. Circulation of sections of environmental documents that disclose a trade secret is
limited to those who need to nave access in order to
taKe appropriate action.
Exhibit 30-30-A
General Administration Manual
HEW Transmittal 80.02 (5/l/80)
Page 7
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Exhibit 30-30-B
General Administration Manual
HEW Transmittal 80,02 (5/l/80)
PrCGRAwWmEREvIrw
rLinitad
Hz&Brent
Individual Action Proposed
o-30-70B2 II
m-tal ladew
30-30-20
1
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30-20-4OB4)
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*
HHS Chapter 30-40
General Administration Manual
HHS Transmittal 80.07 (10/27/80)
Page 1
Subject:
CULTURAL ASSET REVIEW
30-4O-00
10
20
30
40
50
60
70
80
Historic Preservation
Applicability
Identification of Historic Properties
How a Property is Affected
Limited Statement
Full statement
Disagreement
Archeological Data: Notification
Archeological Data: Recovery
30-40-00
HISTORIC
PRESERVATION
section 106 of the National Historic Preservation Act States
that the Advisory Council for Historic Preservation (ACHP)
will have an opportunity to comment on any proposed Federal
undertaking which will affect a historic property which is
listed on or is eligible for listing in the National
Register of Historic Places. The Archeological Data
Preservation Act states that the Secretary of the Interior
shall have an opportunity to recover significant historical
or scientific data irrevocably lost through a Federal
undertaking.
In addition, the latter permits agencies to
spend up to one percent of project funds for the recovery
of data.
30-40-10 APPLICABILITY
Unless a categorical exclusion applies, each proposed HEW
action must be reviewed in order to determine whether it
will affect a property which is'on or eligible for the
National Register of Historic Places.
30-40-20
IDENTIFICATION OF HISTORIC PKOPERTIES
Each Federal agency has a responsibility for identifying
potential properties for the National Register of Historic
Places. It must nominate to the National Register of
Historic Places, eligible properties which it owns or
otherwise controls and seek eligibility determinations
from the Secretary of the Interior for potentially eligible
properties which it will affect by a proposed action.
(See
35 CFH 60.6.)
Implementation of a proposed action may not
occur until the completion process, and any appropriate
additional requirements, are met (e.g., consultation with the
Advisory Council).
HEW Chapter 30-40
General Administration Manual
HEW Transmittal 80.02 (5/l/80)
A.
Eligible
Page 2
Properties
1. Properties are districts, sites, buildings, structures
or objects.
2.
B.
Properties may be eligible because of their association with significant historical events, or the
lives of persons significant in our past; because
of distinctive artistic characteristics; or because
they are likely to yield important historical
information.
Eligibility
Determinations
Departmental components, in consultation with the State
Historic Preservation Officer (SHPO), shall apply the
National Register Criteria for Eligibility to each
property to determine which may be affected by a proposed action. If either party concludes that the
property may be eligible, components shall submit a letter
to the Department of the Interior requesting the Keeper
of the National Register to make a decision concerning
eligibility.
The Keeper may request additional information. The action cannot be taken until the Keeper
responds or until 45 days have passed, whichever occurs
f i r s t . Consultation with the Advisory Council can be
conducted simultaneously .
If the Keeper finds the
property eligible, Cultural Asset Review procedures
apply. If the Keeper finds the property ineligible,
the cultural identification process is complete.
c.
Nominations
Each Federal agency is responsible for nominating to the
National Register those eligible properties which it owns
or otherwise controls. Each POC head shall develop and
implement procedures for nominating all such eligible
properties which it currently administers or .controls.
30-40-30 HOW A PROPERTY IS AFFECTED
An historical review is an examination and analysis of changes
in an historic property which occur as a result of the proposed
action. (See 36 CFR 800.3(a).) An historic property is affected
whenever one or more of the following changes occurs:
HEW Chapter 30-40
General Administration Manual
HEW Transmittal 80.02 (5/l/80)
Page 3
30-40-30 HOW A PROPERTY IS AFFECTED
A historical review is an examination and analysis of changes
in a historic property which occur as a result of the proposed
action.
(See 36 CFR 800.3(a).) A historic property is affected
whenever one or more of the following changes occur:
A.
altering or destroying its physical characteristics;
B.
altering the physical setting (normally the boundary
of a setting does not extend beyond a circle having
a 500 yard radius);
C.
moving the property;
D.
E.
_ " ,altering the type or level of use; or
altering the type of level of activity occurring in the
physical setting.
30-40-40 LIMITED STATEMENT
If a proposed action will affect a property which is on or
determined eligible for the Register by the Secretary of
the Interior, POCs shall develop a draft limited statement
and submit it to the appropriate State Historic Preservation Officer (SHPO). Following the receipt of comments
from the SHPO (or after a period of 30 calendar days) the
statement is then sent to the Advisory Council for comment.
A cover letter shall state whether the program considers
the effects to be adverse within the context of the
historic value of the property (see 36 CRF 800.3(b)). If
the Advisory Council fails to respond within 30 days, the
review is complete. The Council can request additional
data from the program whenever it finds the statement
incomplete.
If the Council concurs. that the proposed
action will not adversely affect the property, the review
is complete. The Chairman of the Council may choose to
develop a Memorandum of Agreement for actions which will
affect a property adversely in order to mitigate the
effect.
Such memoranda will specify the various mitigation
measures (e.g., record data prior to destruction) that the
various involved parties agree to follow.
30-40-50 FULL STATEMENT
The Advisory Council may request the POC to prepare a full
statement (known as a draft case report) prior to discussing
a Memorandum of Agreement. POCs shall submit a full statement, if required, to the SHPO and the Council.
HEW or the
Council may develop a Memorandum of Agreement after
discussing the statement. Among the ,alternatives in a full
statement which POCs must include are alternative uses of a
historic property other than for the underlying purpose of
the proposed action.
HEW Chapter 30-40
General Administration Manual
HEW Transmittal 80.02 (5/l/80)
Page 4
30-40-60 DISAGREEMENT
If the Council staff cannot find a common ground upon which
to develop a Memorandum of Agreement or if one or more of
the parties fail to sign the Memorandum, the proposal must
go the members of the full Council for their review during
a public meeting. The review is complete when the Council
provides its advice or it has been 15 days since the review
by the Council members, whichever is less.
HEW must respond
to the Council's comments.
30-40-70
ARCHEOLOGICAL
DATA:
NOTIFICATION
If the proposed action will bring about the irretrievable
loss of significant scientific, archeological, historic or
prehistoric data, program personnel shall inform the
Secretary of the Interior.
If the Secretary does not
respond within 60 days, the review is complete.
If the
Secretary offers to pay for the recovery of the data, he
shall have a least six months to effect recovery.
30-40-80
ARCHEOLOGICAL
DATA:
RECOVERY BY HEW
If a proposed action involves a Federal construction project
or a Federally-licensed project, and the action will result
in the irretrievable loss of scientific, archeological,
historic or prehistoric data, up to one percent of the project costs may be used to recover the data.
HEW Chapter 30-50
General Administration Manual
HEW Transmittal 80.02 (S/1/80)
Page 1
Subject:
NATURAL ASSET REVIEWc
30-50-00
Natural Assets
Applicability
Coastal 2one Hanagement Act (CZHA)
Floodplain Management
Endangered Species Act
Fish and Wildlife Coordination Act
Wild and Scenic Rivers Act
Protection of Wetlands
Safe Drinking Water Act (Sole Source Aquifers)
Marine Sanctuaries Act
l"o'
20
30
fi
60
70
80
300SO-00 NATURAL ASSETS
The related acts require the consideration of the effects of
a proposed action on specific types of piaces, on s
=%%places and on specific species. ECost of these acts
pro 1 At
further action until the agency responsible for administering
the act provides advice or gives permission to proceed with
the action. The species requiring consideration are listed
by the Department of the Interior. The places requiring consideration are:
A.
Coastal Zones (as identified in a State CM plan):
8.
Floodplains (as identified on HUD floodplain maps);
c.
Habitats of Endangered Species {as identified
Department of the Interiorjt
D.
Streams and other bodies of water (in excess of 10
surface acres);
E.
Wild and Scenic Rivers (as identified by the Departments of the Interior and Agriculture);
I?.
Wetlands (all);
G.
Sole Source Aquifers (as identified.by
Protection Agency)8 and
by the
the Envirowental
WE Chapter 30=10
Qmorat AdmLniotratAon Manual
Page 2
MM0 Traqslu~ttal 00107 (so/37/Ott)
Ii*
Ma~he Eanatuati$w~ (aa idontifled b y the S e c r e t a r y o f
Cmmree) 8
Unieee a aategorioai raeiurion l
pplieu,, #Ocr &r rirponribio
ior rreviowing a i l propored.rctionr t:O dotirinipi whethel they
’ will affcrot ~iaooo and rp&lr# iitorrnbrd above.
COAS’EAt
30-10-10
A.
SONE
WANAGEb4ENT’ACT
‘(CBHA)
Pureore
The Coairtal Bon@ Managrmant Act of 1972 declarer that
it ir the national policy "to prerrrvr, protact,
develop, and wham porribie, to roetore or l nhance,,the
rerouroer of the Nation’; coastal zone,” 'The term
~c6arkai tone” mean8 that area which ir identifidd a8
iuch ih a Statr CIM p l a n , .In furtherarice o f this
polioy, ‘tha Act provider FecUrdi asrirtance to States
for doveloping and i?\giemedtfh$ coaetai gone managemBn&
program8.
The 'Act 8180 requif&r .that “Edch Federal
agency conducting ok supporting activitier directly.
effecting tha coartai i’one rhall conduct or ruppdrt
those activitier in a tidnner Wf;iiCh-i8, to the maXilaWIT:
extent
practicable , ednsiatdnt with approved State
smanagement program8 2 Fedarai agencies ,ake speciffCaiiy prohibited from undertaking or 888i8ting Certain
activitierr
iOCai
without a d@termirr&tkon by the State or
managernest e$eis& that the activity ir
coartal
eonsiatent with the Staid rir#fi&@ement program. The CZM
Act exclude8 from the $efknitPon’~f’coaetal zone land8
the U8e Of which i8 by iaw 8utiject 801.0&y to the dircretion of or which ia held in trust by the Federal
Government, it8 officerb’ or 4igGtiiea (e.g., noh-
terminated California &dia$
8.
Reaponsibilitiea
fticherias).
and: CotieuEE&i.M.tiquirements
If the proposed a:&fo‘ir wkEF affect 5 &ace which
is within or contal;:.ns a wgraphical area that i.8
part Of an approve& C‘riiti pxatii POCS shall forward a
draft limited statement to the State CZM agency for
comment and a determ$nati!oh: a8 to whether the proposed action is consistent with the approved CZM
plan. The review period k8: at least 30 day8 for a
fimited'statement atid 6o'&ap's for a full statement,
1.
HHS Chapter 30-50
General Administration Manual
HHS Transmittal 80.07 (10/27/80)
Page 3
except where an applicant for a Departmental license
or permit submits a Certification of Compliance t0
the State CZM agency. In the latter case, the minimum period is the amount of time remaining on the
six month review period, but not less than the 30
or 60 days referred to above.
2.
If the CZM agency fails to respond within the appropriate time period, or states that the proposed
action is consistent with the CZM plan, a program
is in compliance with the review requirements of the
Act:
a.
unless the proposed action is an application
for a license or permit to conduct an activity
affecting land or water use that is not accompanied by an applicant's certification that it
complies with the CZM plan; or
b.
unless the proposed action involves an application for Federal assistance from a State or
local government agency which is not accompanied
by the views of the CZM agency.
3.
If the State CZM agency states that the proposed
action is not consistent with the approved CZM plan
and the proposed action involves one of the types of
actions described in 2a or b above, POCs shall
forward the draft limited statement to the Secretary
of Commerce. The Secretary may request additional
In any case,
data in the form of a full statement.
no further action will take place until and unless
the Secretary of Commerce finds that the proposed
action is consistent with the purposes of the CZM
Act or is necessary for national security.
4.
If the State CZM agency states that the proposed
action is not consistent with the-approved CZM
plan, and the proposed action does not involve
one of the types of actions described in 2 above,
the proposed action must have the approval of the
responsible POC before proceeding.
5.
The above requirements shall not apply to those
types of actions which are specifically excluded
by the approved CZM plan.
HHS Chapter 30-50
General Administration Manual
HHS Transmittal 80.07 (10/27/80)
30-50-20
A.
FLOODPLAIN
Tage 4
MANAGEMENT
Purpose
Executive Order 11988 of May 24, 1977, directs each
Department to avoid long- and shcrt-term adverse impacts
associated with the occupancy and modification of
floodplains, including the direct and indirect support
of floodplain development, whenever there is a practicable
Floodplains are those areas identified as
alternative.
such according to a Department of Housing and Urban
(See U.S. Water Resources
Development floodplain map.
Council Floodplain Management Guidelines for further
information.)
B.
Responsibilities
and
Circulation
Requirements
1.
If a proposed action will result in a capital
improvement occurring within a floodplain, the
cost of which will exceed 50% of the estimated
reconstruction costs of an entire facility or
$100,000, or clearly will provide direct or
indirect support of subsequent floodplain
development, POCs will prepare a draft full
statement.
(A limited statement is not acceptable in this instance.)
2.
The draft full statement shall contain, in addition to identifying practicable alternatives to
avoid affecting a floodplain, the following
information:
a.
the reasons for locating the proposed action
in a floodplain; and
b.
a statement indicating whether the action
conforms to applicable State or local floodplain protection standards.
For those actions subject to OMB Circular A-95, the
POC shall send the notice to the State and areawide
clearinghouses for the geographical area affected
and include a location map.
3.
Circulatioh of draft full statements shall include
the public and other interested individuals,
including concerned Federal, non-Federal and
private organizations. Interested parties shall
have a period of 60 days for the review and comment
on uraft full statements.
HHS Chapter 30-50
General Administration Manual
HHS Transmittal 80.07 (10/27/80)
4.
Page 5
No action shall take place without a finding by the
Secretary that the only practicable alternative
requires siting in a floodplain and until 30 days
after the issuance of the final statement which
shall constitute a notice of finding as required
by the WRC guidelines.
5.
An action taken in a floodplain must incorporate
design features consistent with the standards in
the Flood Insurance Program of the Federal Insurance
Administration to minimize substantial harm to the
floodplain.
30-50-30
ENDANGERED SPECIES ACT
The Endangered Species Act establishes a policy to conserve
endangered and threatened species, both within the U.S. and
elsewhere.
A.
Purpose
Section 7 of the Endangered Species Act requires each
Department to take "such action necessary to insure
that their actions . ..do not jeopardize the continued
existence of endangered or threatened species..." as
listed in the Federal Register from tim'e to time by
the Secretariemmmerce and Interior. Federal.
Departments shall, in consultation with these
Secretaries, carry out the purpose of the Act.
B.
Responsibilities and Consultation Requirements
1. a.
If the proposed action is a construction
project which requires the preparation of an
environmental impact statement (EIS) '(see
Chapter 30-60) program personnel shall contact
the Office of Endangered Species (OES),
Department of Interior, and provide a brief
description, including the location of the proposed project. The OES will provide program
personnel with a list of endangered species and
critical habitats for the specific geographic
area to use in determining whether the action
will have an effect upon a member of an
endangered or threatened species or an identified critical habitat. If it will, program
personnel will prepare a draft limited statement.
HHS Chapter 36-50
General Administration Manual
HHS Transmittal 80.07 (10/27/80)
b.
Page 6
If the,proposed action is not a construction
project, or a construction project not
requiring an EIS, program personnel shall
determine if the proposed action will have an
effect upon species or habitats listed in the
Federal Reqister and, if so, prepare a draft
limited statement.
(See appropriate environmental officer for F.R. listings.)
All draft
2.
statements are sent, together with a
request for consultation, to the Regional Director
of the Fish and Wildlife Service or National Marine
Fisheries Service as appropriate. No further action
shall take place pending completion of the consultation process.
3.
If the Service does not respond within 90 days,
the Department may reach its own conclusion with
respect to whether the proposed action will
jeopardize the continued existence of a species
or result in the destruction or adverse modification of a critical habitat.
4.
If the Service or the Department determines that the
proposed action will jeopardize the continued
existence of a species or result in the destruction
or adverse modification of a critical habitat,
program personnel may submit an exemption application
to the Secretary of the Interior for consideration
by the Endangered Species Committee (ESC). No
action shall occur unless or until the ESC approves
the exemption.
30-50-40 FISH AND WILDLIFE COORDINATION ACT
A.
Purpose
The Fish and Wildlife Coordination Act provides for
equal consideration of wildlife with other features
of water resource development programs with a view
toward conservation of wildlife resources.
B.
Responsibilities and Consultation Requirements
1.
When the waters of any stream, or other body of
water which exceeds 10 acres, will become
impounded, diverted, deepened, or otherwise con-
.
HHS Chapter 30-50
General-Administration Manual
HHS Transmittal 80.07 (10/27/80)
Page 7
trolled or modified for airy putposer the Department
shall consult first with the U.S. Fish and Wildlife
Service, Department of the Interior, and the State
agency head responsible for administering wildlife
resources.
2.
Program personnel shall prepare a draft limited
statement, describing the effects of an action
which will result in effects described in 1 above
and submit it to the Secretary of the Interior.
3.
No further action shall take place pending receipt
of a report from the Secretary of the Interior.
4. POCs shall consider the report of the Secretary of
the Interior, together with its recommendations
in developing the project plan. The plan shall
include such justifiable means and measures as are
' necessary to obtain maximum overall project benefits.
5.
All reports and recommendations of the Secretary
of the Interior and State wildlife agencies constitute an integral part of any environmental report
prepared pursuant to the action.
30-50-50 WILD AND SCENIC RIVERS ACT
A.
Purpose
The purpose of the Act is to preserve selected freeflowing rivers, along with their immediate environments,
for ed by other t‘eoer.~i Departments. In accordance
with CLU regul&tioris
at 40 Ck’K 15U3.2, HEh must cornmerit on each EIS on issues for which it has "jurisdiction
rjy law or special expertise."
30-70-10 JUkISDILTION
bY LA$/
Jurisdiction by law reflects the Department's statutory
responsibilities.
An operatiny component reviewing h
araft CIS should review each alternative action discussed
In dn LIS in terms of:
A.
Potential effects on the delivery or quality of health,
social or welrare services.
B.
Potenti& etfects associated with tne manuracture,
transporcacion, use and dis;,osal of chemicals or other
hazardous materials.
c.
Potential effects associated with the mining, miliing,
production, use, transportation, and disposal of radioactive materials.
D.
Potential chanyes in plant or animal populations.
This
includes examination of the 2otential effects the proposea action Iiltly have on nunian nealtn.
Cnanges in
natural predator populations Ihay urset the ecological
balance to the extent that u;i increclsed incidence of
HEW Chapter 3G-70
General Administration Manual
HEW Transmittal 80.u2 (S/1/80)
Page 2
morbidity or mortality will occur unless offsetting
safeguards are instituted.
E.
Potential changes in the physical environment that could
affect human health or welfare (e.g., air pollution,
change in land use). This shall also include an examination of the availability and quality of water, sewage
and solid waste disposal facilities.
30-70-20 JURISDICTION BY SPECIAL EXPERTISE
Individuals reviewing EISS may comment, in addition, in areas
beyond their immediate job responsibilities when they have
For example, a
special expertise which may be appropriate.
veterinarian employed in a disease prevention program can
comment on an EIS discussion about the effects of a forestry
project on animal populations.
30-70-46
A.
TYPES
OF
CONMEtiTS
A reviewer's comment 011 an external EIS can address one
or more of the following:
1.
That data are missing or inaccurate;
2.
That the organization of the EIS precludes a valid
review;
3.
That the projections or aescriptions
not complete or are inaccurate;
4.
That the reviewer does not concur with the pro.jections (for stated reasons);
5.
6.
of effects are
That certain safeguards will lessen the extent of
'an effect and/or the magnitude of an impact;
State a preference for an action alternative (or no
action); and
HEW Chapter 30-70
General Administration Nanual
hEW Transmittal (80.02 5/l/80)
7.
b.
Page 3
to an agency's preferred alternative (if one
is identified in the draft CIS) dnd recommend
Such
adoption of new or existing alternatives.
objections snould be lodged on the basrs of the
uirect or lndlrect effects of effects on HEW pro(See b below concerning
grams and/or mission.
referral of such objections to CEQ.)
Ouject
If a reviewing component objects to all or ;jart of an
agency's proposed action and, after consultation with
the agency, is unable to resolve its difierences, it
shall determine if the proposed action meets the criteria
for referral in Section iS02.4 of tne CLQ reyulatlons.
It the criteria are met, the component shall request the
PCC head to refer its objection to CEQ within 25 days
of tne date that the final EIS is ,nade available CO EPA
in accordance wltn Section lju4.3.
| File Type | application/pdf |
| File Modified | 2015-10-01 |
| File Created | 2006-07-05 |