U.S. DEPARTMENT OF THE INTERIORBUREAU OF LAND MANAGEMENT
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United States Department of the Interior
Bureau of Land Management
California State Office
June 16, 1998
EMS TRANSMISSION: 6/16/98
The recent Comb Wash ruling, IBLA 140-85, highlights the need to examine closely whether additional NEPA analysis is required in considering a proposed action, including the renewal of an existing permit or authorization. The following guidelines are provided to assist California field offices in determining the appropriate level of NEPA documentation. These guidelines apply to all Bureau programs.
A. NO ADDITIONAL NEPA ANALYSIS NEEDED
Additional NEPA analysis is not needed when any of the following criteria apply:
Some offices are using an "Administrative Determination" (AD) to document that an existing EA or EIS fully addresses the action. To avoid unnecessary paperwork, however, a brief statement need only be included in the Decision Record to document that existing analysis is sufficient. A separate AD is not needed.
B. ADDITIONAL NEPA ANALYSIS REQUIRED
A new or supplemental EA or EIS is required when any of the following criteria apply. Applicable portions of existing environmental documents should be incorporated by reference.
C. DECISION RECORD
In all cases, a Decision Record (or Record of Decision for an EIS) is prepared at the conclusion of the NEPA process to document the decision in the administrative records of the field offices. The Decision Record must clearly provide the rationale for the authorized officer's decision. Programs such as Realty and grazing have separate decisions, processes and documentation requirements. In other programs, the NEPA decision record is the formal record of the decision process supporting a permit or authorization. Other key point to keep in mind: