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Federal environmental laws apply to DOE Loans and Loan Guarantees. The Loan Programs Office’s (LPO’s) Environmental Compliance Division is responsible for overseeing LPO’s compliance with environmental laws applicable to LPO actions. These laws include:
- National Environmental Policy Act (NEPA) – requires DOE to consider the environmental effects of proposed actions to inform agency decisionmaking. Analyses and documentation prepared to comply with NEPA may include a Categorical Exclusion, Environmental Assessment, or an Environmental Impact Statement
- National Historic Preservation Act – requires that DOE assess the effects of proposed actions on historic and archeological resources, and sites of religious and cultural significance to Tribes. DOE must consult with state historic preservation officials and Tribes to determine if an action adversely affects any historic properties
- Endangered Species Act – requires that DOE assess the impact of proposed actions on federally listed threatened and endangered species and their critical habitat. DOE must consult with the U.S. Fish and Wildlife Service if endangered species are affected by a project
- Federal laws, regulations and Executive Orders concerning wetlands and floodplains – may require consultation with U.S. Army Corps of Engineers or Federal Emergency Management Agency
- Other laws that apply to both federal and private projects, such as the Clean Air Act, Clean Water Act, and hazardous waste management laws
The Environmental Compliance Division is responsible for assuring that the Loan Programs Office complies with these and other environmental review requirements. In cooperation with applicants, the Division prepares environmental review documents, consults with relevant Federal, state, local and Tribal agencies, and oversees public involvement in the environmental review of DOE’s proposed actions.
The documents included on the Environmental Compliance Division webpages have been posted to comply with applicable environmental requirements as part of LPO’s due diligence process for issuing a Department of Energy loan or loan guarantee. With the exception of a Record of Decision, the posting of these documents should not be construed as recommending a decision about the issuance of a loan or loan guarantee.