DAO 216-6

SECTION 1. PURPOSE.

.01 This Order prescribes policies and sets forth responsibilities and procedures to be followed in the Department of Commerce (the Department) for implementing the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. § 4321 et seq.).

SECTION 2. SCOPE.

.01 Policies and programs of the Department of Commerce Operating Units listed below shall be planned, developed, and implemented so as to achieve the goals and to follow the procedures established by NEPA.

a.    National Oceanic and Atmospheric Administration (NOAA)
b.    National Telecommunications and Information Administration (NTIA)
c.    National Institute of Standards and Technology (NIST)
d.    Economic Development Administration (EDA)
e.    First Responder Network Authority (FirstNet)

SECTION 3. PROCEDURES.

.01 Each Operating Unit listed in Section 2 is responsible for compliance with NEPA and this Order and for maintaining and implementing their respective Operating Unit-specific NEPA procedures, listed below.

a.    NOAA Companion Manual
b.    NTIA NEPA Procedures
c.    NIST NEPA Procedures
d.    EDA National Environmental Policy Act Implementing Directive 17.02-2
e.    FirstNet NEPA Procedures

.02 The Operating Units with NEPA procedures have direct relationships with other agencies that seek review of NEPA documents, cooperating agency status, or other coordination and will be responsible for making their own arrangements for such matters.

.03 The Assistant General Counsel for Transactions and Program Management is the Department’s Chief NEPA Officer and is responsible for overseeing the Department’s implementation of NEPA and providing NEPA-related legal advice to Operating Units as needed.

.04 The Department’s Chief NEPA Officer will facilitate compliance with NEPA, ensure effective communication, and serve a coordinating role with Operating Units in keeping the Office of the Secretary informed of NEPA developments and Operating Unit NEPA activities.

.05 The Department’s Chief NEPA Officer will coordinate with Operating Units, White House Council on Environmental Quality (CEQ), and other agencies on behalf of the Department as needed.

.06 The Department’s Chief NEPA Officer will ensure that the Department files appropriate reports on NEPA as may be requested or required by CEQ or Congress.

SECTION 4. AUTHORITIES.

.01 National Environmental Policy Act, 42 U.S.C. § 4321 et seq.

.02 Executive Order 14154, Unleashing American Energy.

SECTION 5. OTHER.

.01 The Department has developed Department-wide categorical exclusions (74 Fed. Reg. 33,204 (July 10, 2009)).  All Operating Units may use the Department-wide categorical exclusions where appropriate to proposed actions.

.02 The following ministerial actions do not ordinarily affect the human environment and do not require review under NEPA:

a.    Normal Departmental housekeeping functions, including personnel actions, procurement for general supplies, and contracts for personal services;
b.    Legislative proposals for appropriations; and
c.    Legislative proposals for an extension of an authorization for appropriations.

SECTION 6. EFFECT ON OTHER ISSUANCES.

.01 This Order supersedes all previous versions of DAO 216-6, including the version dated March 10, 1983 and the version dated January 18, 2017, but does not affect the Department-wide NEPA categorical exclusions established by 74 Fed. Reg. 33,204 (July 10, 2009).

Signed by: Secretary of Commerce