[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR1021.216]

[Page 806-807]
 
                            TITLE 10--ENERGY
 
          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)
 
PART 1021_NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING PROCEDURES--Table 
of Contents
 
                      Subpart B_DOE Decisionmaking
 
Sec.  1021.216  Procurement, financial assistance, and joint ventures.

    (a) This section applies to DOE competitive and limited-source 
procurements, to awards of financial assistance by a competitive 
process, and to joint ventures entered into as a result of competitive 
solicitations, unless the action is categorically excluded from 
preparation of an EA or EIS under subpart D of this part. Paragraphs 
(b), (c), and (i) of this section apply as well to DOE sole-source 
procurements of sites,

[[Page 807]]

systems, or processes, to noncompetitive awards of financial assistance, 
and to sole-source joint ventures, unless the action is categorically 
excluded from preparation of an EA or EIS under subpart D of this part.
    (b) When relevant in DOE's judgment, DOE shall require that 
offeror's submit environmental data and analyses as a discrete part of 
the offeror's proposal. DOE shall specify in its solicitation document 
the type of information and level of detail for environmental data and 
analyses so required. The data will be limited to those reasonably 
available to offerors.
    (c) DOE shall independently evaluate and verify the accuracy of 
environmental data and analyses submitted by offerors.
    (d) For offers in the competitive range, DOE shall prepare and 
consider an environmental critique before the selection.
    (e) The environmental critique will be subject to the 
confidentiality requirements of the procurement process.
    (f) The environmental critique will evaluate the environmental data 
and analyses submitted by offerors; it may also evaluate supplemental 
information developed by DOE as necessary for a reasoned decision.
    (g) The environmental critique will focus on environmental issues 
that are pertinent to a decision on proposals and will include:
    (1) A brief discussion of the purpose of the procurement and each 
offer, including any site, system, or process variations among the 
offers having environmental implications;
    (2) A discussion of the salient characteristics of each offeror's 
proposed site, system, or process as well as alternative sites, systems, 
or processes;
    (3) A brief comparative evaluation of the potential environmental 
impacts of the offers, which will address direct and indirect effects, 
short-term and long-term effects, proposed mitigation measures, adverse 
effects that cannot be avoided, areas where important environmental 
information is incomplete and unavailable, unresolved environmental 
issues and practicable mitigating measures not included in the offeror's 
proposal; and
    (4) To the extent known for each offer, a list of Federal, Tribal, 
state, and local government permits, licenses, and approvals that must 
be obtained.
    (h) DOE shall prepare a publicly available environmental synopsis, 
based on the environmental critique, to document the consideration given 
to environmental factors and to record that the relevant environmental 
consequences of reasonable alternatives have been evaluated in the 
selection process. The synopsis will not contain business, confidential, 
trade secret or other information that DOE otherwise would not disclose 
pursuant to 18 U.S.C. 1905, the confidentiality requirements of the 
competitive procurement process, 5 U.S.C. 552(b) and 41 U.S.C. 423. To 
assure compliance with this requirement, the synopsis will not contain 
data or other information that may in any way reveal the identity of 
offerors. After a selection has been made, the environmental synopsis 
shall be filed with EPA, shall be made publicly available, and shall be 
incorporated in any NEPA document prepared under paragraph (i) of this 
section.
    (i) If an EA or EIS is required, DOE shall prepare, consider and 
publish the EA or EIS in conformance with the CEQ Regulations and other 
provisions of this part before taking any action pursuant to the 
contract or award of financial assistance (except as provided at 40 CFR 
1506.1 and Sec.  1021.211 of this part). If the NEPA process is not 
completed before the award of the contract, financial assistance, or 
joint venture, then the contract, financial assistance, or joint venture 
shall be contingent on completion of the NEPA process (except as 
provided at 40 CFR 1506.1 and Sec.  1021.211 of this part). DOE shall 
phase subsequent contract work to allow the NEPA review process to be 
completed in advance of a go/no-go decision.