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Agencies can develop alternative arrangements in consultation with CEQ for complying with NEPA during emergency situations. Agencies should not delay immediate actions necessary to secure lives and safety of citizens or to protect valuable resources. If a proposed Federal emergency response activity is expected to have significant environmental effects, the agency should consult with CEQ to determine what alternative arrangements can be pursued to meet the requirements of NEPA for major Federal actions significantly affecting the quality of the human environment. CEQ has compiled a list of alternative arrangements consultation between Federal agencies and CEQ. CEQ has also developed guidance on emergencies in NEPA.
| PROPOSED ACTION | NATURE OF EMERGENCY | AGENCY | DATES | RESOLUTION |
| Alternative arrangement to shorten the comment period for the draft EIS and eliminate the waiting period before publication of the ROD for fire restoration efforts in the Eldorado National Forest. | The King Fire burned 63,000 acres in California s Eldorado National Forest in 2014. Restoration efforts were needed to prepare for the subsequent wildfire season, especially in light of an ongoing drought. | USDA / Forest Service | Request: 5/7/2015 First CEQ response: 5/14/2015 Second CEQ response: 8/17/2015 | CEQ approval based on Forest Service commitments to: (1) enhance collaborative engagement during development of the Draft EIS; (2) provide the interested members of the public with an opportunity to comment on the preferred alternative as it has evolved since the DEIS before finalizing the EIS and ROD and (3) posting the final EIS on the Eldorado National Forest website for public review prior to publishing Notice of Availability in the Federal Register. |
| Alternative arrangement to shorten the draft EIS comment period and eliminate the waiting period before publication of the ROD for fire restoration efforts in the Klamath National Forest. | Approximately 183,000 acres of public lands in the Klamath National Forest burned by the Beaver, Happy Camp Complex, and Whites fires in 2014. They were identified as requiring critical treatments to address post-fire conditions. | USDA / Forest Service | Request: 3/6/2015 CEQ Response: 3/6/2015 Remaining Request withdrawn: 8/15/2015 | CEQ approved alternative arrangements to shorten the comment period on the Draft EIS based on commitments by the Forest Service to enhance collaborative engagement during development of the Draft EIS. The remaining request was withdrawn in light of ongoing consultation and regulatory processes. |
| For the Rim Fire Recovery Project in the Stanislaus National Forest, to shorten the draft EIS comment period and eliminate the waiting period before publication of the ROD. | The Rim Fire burned 154,430 acres of National Forest System lands. Immediate action was required to restore the affected lands and mitigate future risks of wildfire. | USDA / Forest Service | Request submitted: 12/5/2013 CEQ response: 12/9/2013 | CEQ approved alternative arrangements: continue to enhance public and stakeholder engagement during the scoping initiated by the 12/6/2013 NOI to prepare an EIS; continue engagement of interested parties throughout EIS preparation; continue communication with the Yosemite Stanislaus Solutions collaborative group; continue communication with the Sierra Nevada Conservancy and parties participating in the Rim Fire Landscape Restoration Technical Workshop on 12/18/2013; and post the Final EIS and proposed ROD on the Forest Service website for public review for 5-10 business days prior to publishing the Notice of Availability in the Federal Register. |
| Commercial timber harvest on approx. 6200 acres and mechanical treatment of smaller fuels. | 6,200 acres of Mark Twain National Forest land within two to mile swaths of tornado damage (+80% of vegetation leveled) with fire risk to public safety and private property. | USDA / Forest Service | 7/8/2002 CEQ Response: 7/12/2002 | CEQ concurred with alternative arrangements that included: preparing programmatic environmental analysis for highest priority areas for fuel treatments; providing for expedited public comment before adopting a final programmatic environmental analysis; completing project-specific EA before fuel reductions are authorized that would be made public for short comment periods. |
| Reduce wildfire fuel load in approximately 35,000 acres of 147,000 acre high risk zone of storm-damaged forest. | 340,000 acres of Ouachita National Forest damaged by ice storm, blocked 1700 miles of road, and increasing ten-fold fuel load in forest stands located in close proximity to private property. | USDA / Forest Service | 3/15/2001 CEQ response: 3/28/2001 | CEQ concurred with alternative arrangements that included: preparing programmatic environmental analysis for highest priority fuel treatments areas; providing for expedited public comment before adopting a final programmatic environmental analysis; completing project-specific EAs before fuel reductions are authorized; and providing those EAs to the public for short comment periods. |
| Remove dead, downed and damaged trees in wake of 07/04/99 windstorm affecting 478,000 acres of Superior National Forest. Action proposed for Gunflint Corridor. | One area of affected forest - Gunflint Corridor - is a 2-lane winding, dead-end road with 600 structures, including homes. High risk to people and homes requiring treatment of 3,896 acres. | USDA / Forest Service | 8/11/1999 CEQ response: 8/24/1999 | CEQ agreed with alternative arrangements that included: preparation of programmatic EA; joint CEQ/FS public meeting; scoping meetings and site visits for particular projects within the Gunflint Corridor; consulting with other interested parties (agencies & tribes); and using on-site monitoring team. |
| Remove dead, drowned and severely root- sprung trees that were damaged by windstorm in the National Forests and Grasslands of Texas. | Windstorm caused destruction of habitat for red-cockaded woodpeckers; also gave rise to concerns about risk of high intensity fires and possible bark beetle infestation. | USDA / Forest Service | 3/4/1998 | CEQ approved alternative arrangements that included: Forest Service preparing an EA; only removing downed, dead or severely root- sprung trees; prioritizing tree removal by an interdisciplinary team; implementing long-term public involvement; not proceeding until emergency consultation under ESA is completed; maintaining records regarding tree removal priorities; establishing on-site monitoring team; and notifying CEQ if any modifications to these arrangements are necessary. |
| Reduce the bird- aircraft strike hazard at the JFK airport prior to APHIS completing a programmatic EIS for its gull-control program. | Severe bird-aircraft hazard conditions at the JFK airport prompted FAA to issue an emergency advisory. | USDA / APHIS | 5/7/1993 | CEQ issued recommendations regarding immediate actions, the programmatic EIS, and the ultimate decisions. These included: the definition of an acceptable risk, compliance by Secretaries with 16 U.S.C. 460; abstinence by FWS from processing permits under a categorical exclusion; the development of a program to plant and maintain tall grasses and wildflowers, and cooperation amongst Port authorities and FWS in preparing the programmatic EIS. |
| Allow the City of Portland, Oregon to pump down Bull Run Lake potentially reducing its volume down to 17 ft below normal minimal level. | City of Portland, Oregon, requested pumping additional water from Bull Run to meet emergency water needs of the City. | USDA / Forest Service | 9/3/1992 | CEQ agreed to allow the City to pump water from Bull Run Lake on condition that the City conduct an EA on the emergency action (distinguished from long-term use NEPA analysis for 20-year permit) as soon as possible. The alternative arrangements required the EA to: address the alternatives considered and their estimated impacts; explain the emergency conditions that support use of 40 CFR 1506.11 and the relationship of the EA to the ongoing long-term use analysis; discuss the limits of knowledge and the City s proposal for data gathering, monitoring and mitigation; and document whether the analysis supports a FONSI and, if not, identify requisite steps forward. |
| Aerial spraying of pesticide malathion over residential areas in Los Angeles, CA. | Threatened outbreak of Mediterranean fruit fly infestation resulting in economic losses of over $800 million to CA agricultural industry. | USDA / APHIS | 1/19/1990 | CEQ approved with 5 conditions: strict adherence to EPA quarantine exemption on malathion; vigorously pursue the NEPA process; employ monitoring program; provide monthly status reports to CEQ; and publish notices in affected counties. |
| Aerial spraying of pesticide malathion prior to signing ROD. | Grasshopper infestation on rangeland in Arizona. | USDA / APHIS | 4/25/1986 | CEQ approved action on condition that it was limited to acreage originally specified in request. |
| Aerial spraying of malathion pesticides in Idaho. | Infestation of migratory grasshoppers on Idaho cropland. | USDA / APHIS | 8/3/1984 | APHIS notified CEQ of the action, advising that 1979 Programmatic EIS found no adverse environmental effects. |
| PROPOSED ACTION | NATURE OF EMERGENCY | AGENCY | DATES | RESOLUTION |
| Established boundary for an immediate separation between adjacent stone crab and shrimp fisheries. | Conflict escalated into physical violence between the two fisheries. | DOC / NOAA | 3/9/1983 | CEQ concurred in establishment of boundary, noting that fishery season would terminate shortly (and boundary issue would be fully addressed in the two 1983-84 fishery management plans. |
| PROPOSED ACTION | NATURE OF EMERGENCY | AGENCY | DATES | RESOLUTION |
| Alternative arrangements for the relocation of the F-22 Formal Training Unit (FTU) to Eglin Air Force Base (AFB). | In October 2018, Hurricane Michael (Category 5) displaced the USAF s only F-22 FTU from Tyndall AFB, Florida, to Joint Base Langley-Eustis in Virginia. Hurricane Michael rendered many of the FTU s facilities unusable for the foreseeable future. The Air Force needed to temporarily relocate the FTU to resume production of trained and qualified F-22 pilots by January 31, 2019. | DOD/Air Force | Request: 12/21/2018 CEQ Response: 12/21/2018 SEA: April 2019 ROD: 4/25/2019 | The alternative arrangements required DOD/Air Force immediately to implement five conditions: develop and complete, within 30 days, an EA tiered to a 2014 Eglin AFB EIS documenting the environmental impacts of operations which exceeded the nature and number of flights occurring prior to relocation of the F-22 FTU; provide for distribution, notice of availability, and a 30-day public comment period; provide Air Force responses to substantive comments; and continue efforts to remain alert to opportunities to lessen noise impacts to neighboring communities. The Air Force committed to monitoring and publishing the results, and to preparing an EIS for the permanent beddown of the F-22 FTU. |
| Navy MFA-sonar training in waters off southern California. | Naval training necessary for deployment. | DOD / US Navy | Request submitted: 1/10-11/2008 CEQ response: 1/15/2008 | CEQ granted alternative arrangements calling for the Navy to prepare an environmental assessment an implement a suite of mitigation measures for training proposed during the period necessary to complete an EIS evaluating the environmental impact of establishing mid-frequency active sonar training exercises at the Navy s Southern California Range Complex. See: 73 FR 4189 (Jan. 24, 2008) |
| Lower Lake Cumberland behind Wolf Creek Dam to an elevation 680 feet above mean sea level for an indefinite period and accelerate a grouting program in the most crucial areas of the Wolf Creek Dam embankment to further reduce seepage under the dam. | Dam in danger of breaking and flooding down river through Kentucky and into Nashville, Tennessee. | USACE | Contacted: 1/9/2007 Request and CEQ response: 1/18/2007 | CEQ approved alternative arrangements requiring USACE to: (1) issue an interim emergency measures decision document including discussion of alternatives and likely environmental effects as they are currently known, coordination with the U.S. Fish and Wildlife Service pursuant to the Endangered Species Act (ESA), the Fish and Wildlife Coordination Act, and other relevant authorities, and with the EPA and other appropriate Federal, state, and local leaders and agencies, and a communication plan for the public and stakeholders; and (2) issue a Notice of Intent to prepare a NEPA document would addresses the Corps existing and future efforts to preserve, repair, strengthen, and operate the Wolf Creek Dam and Lake Cumberland, including mitigation measures that can be implemented to minimize adverse effects from lowered lake levels and other measures. |
| New Orleans flood protection. | Reconstruction of levies damaged in Hurricane Katrina for 100-year flood protection. | USACE | See: https://www.mvn.usace.army.mil/Missions/Environmental/NEPA- Compliance-Rebuilding/ | |
| Deviation from the normal operation procedures under test 7 of the Experimental Program of Water Deliveries to Everglades National Park. | High levels of rainfall created extreme flooding conditions which threaten endangered species and public safety. | DOD / US Army | January 1998 | CEQ approved alternative arrangements that included: immediate distribution of a revised final emergency EA; developing comprehensive plan for public involvement; notifying CEQ if unanticipated impacts occur; formally consulting with FWS after emergency; alternative action to begin immediately and terminate after emergency at which time full NEPA requirements would resume; and providing CEQ with requested information. |
| Test aerial deactivation of land mine from the air at Tonopah Test Range in Nevada. | Preparation for war in Persian Gulf (Operation Desert Shield). | DOD / Air Force | 1/16/1991 | CEQ agreed to the testing considering the relatively short time needed for testing aerial deactivation of land mines (approximately 2 days), the military action in the Persian Gulf (Operation Desert Storm) and the service s expeditious consultation with DOI/ U.S. Fish and Wildlife Service and other government agencies with relevant expertise. Testing involved the use of fuel air explosives to clear buried land mines over a large area at the Department of Energy s Tonopah Test Range. |
| Allow night flights into and an increase in the overall number of flights from Westover Air Force Base in Massachusetts. | In response to hostilities in Kuwait, troops and military supplies had to be transported for use in Persian Gulf military operations (Operation Desert Shield) and the Air Force needed to change C-5A flight operations from those predicted in an EIS for the stationing of a unit of Air Force Reserve C- 5A aircraft at Westover. | DOD / Air Force | 11/21/1990 CEQ granted alternative arrangements 3/19/1991 | The alternative arrangements required DOD/Air Force to immediately to implement five conditions: develop and complete, within 30 days, an EA documenting the environmental impacts of operations which exceeded the nature and number of flights occurring prior to Operation Desert Shield; provide for distribution, notice of availability, and a 30-day public comment period; provide Air Force responses to substantive comments; and continue efforts to remain alert to opportunities to lessen nighttime use over Westover. The Air Force committed to monitoring and publishing the results, and to preparing a supplemental EIS for the beddown of C-5A aircraft at Westover. Upheld in Valley Citizens for a Safe Environment v. Vest et al., (D. Mass. May 6, 1991) (WL330963 D. Mass., 1991). |
| Remove unexploded ordnance near Martha s Vineyard in MA. | Ordnance exposed by natural wave process posed hazard to beach users unaware of it. | DOD / US Army | 8/29/1988 | Consultation was concurrent with the removal action and prior to completion of an EA. |
| Clean up herbicide- contaminated material prior to the preparation of environmental documentation. | Herbicide-contaminated materials discovered at Fort A.P. Hill, Virginia (site of the 1981 Boy Scout Jamboree). | DOD /US Army | 11/21/1984 | CEQ agreed that environmental documents would be prepared concurrently with testing and clean- up at the site. |
| Spray for mosquitoes with pesticides. | Outbreak of encephalitis in Yuma Proving Grounds, Arizona. | DOD /US Army | 8/8/1983 | CEQ approved arrangement to meet clear and present threat to human and animal health, noting that an EA or EIS might be necessary if long-term spraying were required. |
| PROPOSED ACTION | NATURE OF EMERGENCY | AGENCY | DATES | RESOLUTION |
| Alternative arrangements for review of certain types of energy-related projects. | On January 20, 2025, President Trump issued Executive Order 14156, Declaring a National Emergency requiring urgent action to improve the reliability, diversity, and affordability of energy in the U.S. Consistent with the President’s emergency declaration, DOE needed to modify the NEPA process for certain energy-related projects. | DOE | Request: 8/11/2025 CEQ Response: 08/12/2025 | CEQ approved alternative arrangements for compliance with NEPA, under which DOE would, with respect to certain energy-related projects that have reasonably foreseeable significant effects, observe the following alternative arrangements: (1) the responsible official will publish the notice of intent to prepare an environmental impact statement on DOE’s website and will solicit written comments; (2) the duration of the written comment period will be determined based on the nature of the proposed action and urgency of the emergency response, most comment periods are anticipated to be roughly 10 business days; (3) during comment periods, DOE will consult with and request comments from Federal agencies with jurisdiction by law or special expertise and from state and local agencies authorized to develop and enforce environmental standards; (4) DOE will prepare a focused and timely environmental impact statement the is no longer than necessary to fulfill the statute’s requirements; (5) DOE will complete the environmental impact statement within 28 days following the notice of intent; (6) the environmental impact statement will be published on DOE’s website and filed with EPA; (7) DOE will not publish a draft environmental impact statement prior to finalizing the |
| The Secretary of Energy issued an emergency order on 12/20/2005 directing Mirant to generate electricity at the coal- fired Potomac River Generating Station in Alexandria, VA, under certain limited circumstances. | Plant s operations were exceeding the National Ambient Air Quality Standards of the Clean Air Act and closure of the plant reduced the reliability of the electrical supply to much of the central business district of the District of Columbia and other portions of Northwest DC, and the District of Columbia Water and Sewer Authority s Blue Plains Advanced Water Treatment Plant, placing these electrical customers in risk of a blackout. | DOE | Consulted 12/20/2005 through 1/17/2006 Request and CEQ response: 1/18/2006 | CEQ approved the following alternative arrangements: (1) prepare a Special Environmental Analysis (SEA) that will examine the potential impacts from issuance of the order, and identify potential mitigation measures; (2) provide opportunities for public involvement by disseminating information related to the environmental effects of Mirant s operations and by accepting public comment on this notice, the compliance plan Mirant submitted to DOE, and the SEA; (3) continue consultations with appropriate agencies with regard to relevant environmental issues; and (4) identify in the SEA any steps that DOE believes can be taken to mitigate the impacts from its Order. See: 71 FR 69102 (Nov. 29, 2006) |
| Transporting nuclear materials from Libya to the U.S. and within the U.S. | The shipment 55,000 pounds of nuclear material and other sensitive equipment were airlifted out of Libya as directed by the President. To expedite removal of four cylinders of uranium hexafluoride (UF6) from Libya, the NNSA Administrator invoked the national security provisions of 49 CFR 173.7(b), allowing the shipment. | DOE / National Nuclear Security Administration | Shortly before 1/27/2004 | CEQ and the Environmental Protection Agency were briefed in advance of the mission. CEQ found the NNSA's request for alternative arrangements was appropriately limited to the actions necessary to address the immediate impacts and risks associated with this emergency. Based on the briefing that DOE personnel provided, and their commitment to outreach to EPA and appropriate first responders, CEQ concluded that the NNSA's assessment of the environmental impact of the proposed action, including incorporation of an existing classified analysis of a similar scenario, provided sufficient alternative arrangements for NEPA compliance. The CEQ also was briefed following the completion of the mission. See: 69 FR 10440 (March 5, 2004) |
| Temporary, semipermanent, and permanent flood control measures following Cerro Grande Fire surrounding the Los Alamos National Laboratory in New Mexico. | High risk of soil erosion, flooding and debris flows threaten lives and property of the 10,000 residents in the communities of White Rock, the Pueblo of San Ildefonso and the Pueblo de Conchiti located downstream of Los Alamos National Laboratory. | DOE / National Nuclear Security Administration | May 2000 CEQ response: 6/15/2000 | CEQ agreed on alternative arrangements that included: publication of FR notice outlining the emergency actions taken, being undertaken, and intended in the near term to address the effects of the fire as well as the potential impacts of emergency actions and proposed mitigation measures (dam construction); planning for continuing public involvement; preparing and publishing a Special Environmental Analysis; employing monitoring and adaptive mitigation measures; and reporting to CEQ. |
| Fund the Idaho Fish & Game Dept. and the Shoshone-Bannock tribe proposal to save the snake river Sockeye salmon. | Decline in salmon population. Migration of this sockeye salmon run had fallen to 4 adults in 1988, 1 adult in 1989 and no adults in 1990. | Bonneville Power Administration | 5/1/1991 | CEQ agreed to preparation of a special EA and conferencing with NMFS under ESA. CEQ participated in a conference call with representatives of 12 organizations to discuss issues of concern. |
| Drawdown of Par Pond, Savannah River Site. | Inspection of dam revealed depression in earth dam. Emergency drawdown to prevent possible life threatening failure of the dam and spread of sediment and contaminant. | DOE | 7/9/1991 | CEQ requested a special environmental analysis of the drawdown, repair and refilling of the Par Pond including discussion of mitigation measures. DOE entertained additional mitigation measures after public comment. |
| Receive 144 spent fuel element from Belgium nuclear power plant prior to completing NEPA process. | Belgium nuclear reactor spent fuel element storage was filled to capacity. If the US did not accept the spent fuel elements, the spent fuel had the potential to be used for nuclear weapon production. | DOE | October 1993 | Based on discussions with the Department of State, CEQ approved DOE proposal regarding alternative NEPA arrangements. However, Belgium refused the US offer to accept the fuel elements. |
| PROPOSED ACTION | NATURE OF EMERGENCY | AGENCY | DATES | RESOLUTION |
| Temporary suspension of certain NEPA requirements for the Emergency Temporary Interim Rule (ETIR) to support Deepwater Horizon Oil Spill of National Significance Response. | Spill of National Significance (SONS) from the Macondo well in the Gulf of Mexico. | DHS / USCG | Request submitted: 7/6/2010 CEQ response: 7/12/2010 | CEQ approved alternative arrangements which take the place of an EIS and provide that DHS and the USCG will consider the potential for significant impacts to the human environment as they implemented the ETIR and shift additional response resources from around the country to the Gulf of Mexico to assist in the cleanup of the SONS. |
| Issue grants under the Stafford Act's Public Assistance Grant Program for the repair, replacement, or restoration of critical infrastructure in the New Orleans Metropolitan Area (NOMA). Although the restoration of eligible infrastructure substantially to its pre- disaster conditions is excluded from NEPA, FEMA anticipated applications from the State would reflect future needs. | Issue grants under the Stafford Act's Public Assistance Grant Program for the repair, replacement, or restoration of critical infrastructure in the New Orleans Metropolitan Area (NOMA). Although the restoration of eligible infrastructure substantially to its pre- disaster conditions is excluded from NEPA, FEMA anticipated applications from the State would reflect future needs. | Issue grants under the Stafford Act's Public Assistance Grant Program for the repair, replacement, or restoration of critical infrastructure in the New Orleans Metropolitan Area (NOMA). Although the restoration of eligible infrastructure substantially to its pre- disaster conditions is excluded from NEPA, FEMA anticipated applications from the State would reflect future needs. | Initial contact: November 2005 CEQ Response: 12/6/2005 | CEQ approved alternative arrangements to expedite the processing of grant applications. The measures included: regular public outreach including special efforts to involve NOMA residents, including those relocated outside of NOMA; developing an internet page for environmental related public notices and environmental related information specific to the proposed actions in NOMA that would also track other projects in NOMA in order to provide the public with information on the individual and cumulative nature of impacts of the FEMA funded actions; establishing criteria for each type of critical physical infrastructure reconstruction project to mitigate or avoid significant environmental impacts whenever possible; and using the website to document agency actions (receiving, approving, conditioning, or denying critical infrastructure grant applications) as well as their environmental effects. See: https://www.fema.gov/new- orleans-metropolitan-area-infrastructure-projects-6 |
| PROPOSED ACTION | NATURE OF EMERGENCY | AGENCY | DATES | RESOLUTION |
| Stabilize the structural elements of a historic building prior to completion of the EIS process on the renovation. | Prevent the collapse of structure and exposure to hazardous asbestos. | Albany, NY Urban Renewal Agency under the Urban Development Action Grant program. | 10/16/1984 | CEQ agreed with the action considering that the asbestos removal qualified as an emergency circumstance and that stabilization would not cause environmental harm. |
| Release of HUD Section 108 loan guarantee funds to initiate land acquisition, relocation, site clearing and demolition activities. | Michigan governor declared City of Detroit to be in a state of emergency due to economic crisis. GM threatened to build a new plant outside the city unless a cleared site was delivered by May 1981. | City of Detroit, Michigan, under Section 104(h) of Community Development and Housing Act of 1974. | 9/19/1980 Request: 9/22/1980 CEQ response: 9/24/1980 | CEQ concurred in alternative arrangements proffered by HUD and the City which included substantial mitigation and notification efforts, and no demolition prior to discussion with Advisory Council on Historic Preservation. Upheld in Crosby v. Young, 512 F. Supp. 1363 (E.D. Mich. 1981). |
| PROPOSED ACTION | NATURE OF EMERGENCY | AGENCY | DATES | RESOLUTION |
| Alternative arrangements for review of certain types of energy-related projects. | On January 20, 2025, President Trump issued Executive Order 14156, Declaring a National Emergency requiring urgent action to improve the reliability, diversity, and affordability of energy in the U.S. Consistent with the President s emergency declaration, DOI needed to modify the NEPA process for certain energy-related projects. | DOI | Request: 4/23/2025 CEQ Response: | CEQ approved alternative arrangements that would apply for certain types of DOI energy-related projects: (1) projects that seek to identify, lease, site, produce, transport, refine, or generate energy resources as defined in section 8 of Executive Order 14156; and (2) for which the project applicant(s) that have submitted plans of operations, applications for permits to drill, or other applications. The approved alternative arrangements for these projects include not publishing a Draft EIS prior to finalizing the EIS and any ROD; not soliciting public comments on the Draft EIS; and removing the waiting period between publication of the EIS and any ROD. DOI will continue to consult with CEQ when they determine a particular energy-related project is a project eligible for application of these alternative arrangements. |
| Emergency evacuation route along the lava-covered section of Chain Craters Kalapana Road in the Hawaii Volcanoes National Park. | Established a new evacuation route as existing routes were anticipated to be covered by lava within 45 days. | DOI / NPS | Request submitted: 10/27/2014 CEQ response: 10/30/2014 | CEQ approved alternative arrangements requiring the NPS to: (1) continue to enhance public and stakeholder engagement during the implementation of the proposed action; (2) provide responses to public comments received and periodic reports on the results of the monitoring commitments; (3) prepare the NEPA review for the future of the emergency access road after the emergency ends; and (4) continue consulting with affected agencies and stakeholders, adhere to mitigation and monitoring requirements committed to during consultations, and address future consultation or compliance actions as required. |
| Form spur roads by blading old fire roads and fuel breaks. The total acreage disturbed by the proposed emergency measures constitutes no more than 2.5 acres of land in the Otay WSA. The roads would be closed to public access. | Sudden and dramatic increase in wildfires caused the County of San Diego to declare a state of emergency. Threats to human life and endangered and plant life were identified. | DOI / BLM | 6/19/1996 | CEQ concurred with BLM proposal to permit the State of California to begin construction of the proposed spur roads and heliports. Alternative arrangements included: FWS onsite review for heliports; BLM consulting FWS if the location of the proposed road or heliports changed; and a BLM archaeologist onsite during construction. Finally, the agency would use normal NEPA process for rehabilitation of disturbed areas after the emergency. |
| Trench and terrace slopes that lost nearly all vegetation in a fire. | Fire burned 15,000 acres of federal, state and private land near Boise, Idaho. Conditions conductive to flooding, mudslides, and debris flows threatened human life and property, water quality and soil productivity. | DOI / BLM and USDA / Forest Service | 9/19/1996 | CEQ approved alternative arrangements that included: distributing additional copies of the interagency report to interested parties; implementing use of vegetative screening; developing monitoring plan, evaluating possibility of restoring natural grade; and notifying CEQ upon termination of emergency action. |
| Lower the water level behind Clear Creek Dam and Reservoir in Yakima, WA, to 2970 feet. | Potential dam failure which threatened both loss of life and property. | DOI / BLM | 1/3/1990 | CEQ approved with understanding that repairs or reconstruction thereafter would be conducted in compliance with NEPA. |
| Issue right-of-way for construction of Upper Flamingo Wash Detention Basin in Las Vegas, NV. | Frequent flooding that previously resulted in loss of life and millions dollars in damages. | DOI / BLM | 12/4/1990 | CEQ concurred with the understanding BLM would complete the NEPA process for the remainder of the project. |
| Destroy 3.42 million Pacific salmon and steelhead eggs and fish at Makah National Fish Hatchery, Washington. | Spread of untreatable virus: Viral Hemorrhagic Septicemia (VHS). | DOI / FWS | 3/4/1989 | CEQ approved after review of February 1989 EA. |
| Destroy 5 million juvenile upright bright fall Chinook salmon at Little White Salmon National Fish Hatchery, WA. | Outbreak of untreatable viral Infectious Hematopoietic Necrosis (IHN). | DOI / FWS | 5/19/1987 | CEQ approved destruction, noting that the EA evaluated impacts and alternatives to proposed action. |
| Destroy 1.3 million steelhead trout at Coleman National Fish Hatchery, California. | Spread of incurable whirling disease, classified as emergency by FWS. | DOI / FWS | 1/31/1986 | CEQ approved on basis of January 1986 EA. |
| Issue a right-of way grant and allow the State of Utah to begin construction of the Great Salt Lake West Desert pumping project prior to the projected filing of the FEIS with EPA in July 1986. | Rising lake levels threatened extensive damage to surrounding industries, wildlife habitats, recreation areas, transportation systems, and personal and private property. | DOI / BLM | 2/27/1985 | CEQ approved the project in May 1986 (after Utah legislature authorized construction funds), provided that BLM complete the NEPA process, discussing the environmental impacts due to changes from the original EIS and that the state mitigate impacts as agreed to through the EIS process. |
| Issue a permit, based on a change to FWS policy, to capture the six remaining California condors and remove them from the wild. | Precipitous decline of species suggested that extinction was likely without enhancement of propagation. | DOI / FWS | 12/20/1985 | CEQ agreed to issuance of permit, noting 9/85 EA and 10/85 FONSI and that efforts were directed toward reentry of species in the wild. Upheld in National Audubon Society v. Hester, 801 F.2d 405 (D.C. Cir. 1986). |
| PROPOSED ACTION | NATURE OF EMERGENCY | AGENCY | DATES | RESOLUTION |
| Published an emergency temporary standard on asbestos. | Remove harmful asbestos materials. | DOL / OSHA | 12/16/1983 | CEQ agreed to publication of temporary asbestos standard on condition that OSHA assessment would be done on environmental effects prior to permanent standard hearings. |
| PROPOSED ACTION | NATURE OF EMERGENCY | AGENCY | DATES | RESOLUTION |
| Block off streets around the White House complex to vehicular traffic. | Security was inadequate to protect the President, First Family and the White House complex. | Department of the Treasury | 5/20-21/1995 | CEQ concurred with the Department of the Treasury that an emergency situation existed that required immediate action. An EA was prepared after closure. |
| PROPOSED ACTION | NATURE OF EMERGENCY | AGENCY | DATES | RESOLUTION |
| License a hydroelectric facility at Milner Dam in Idaho. |
License issuance to allow money needed for immediate repairs to prevent dam failure due to seepage or earthquake. | FERC | 10/25/1988 | CEQ approved based on FERC s commitment to impose license conditions to mitigate any adverse impacts. |
| PROPOSED ACTION | NATURE OF EMERGENCY | AGENCY | DATES | RESOLUTION |
| Construct emergency regulating pond to stop sewage flow from Tijuana, Mexico, into the U.S. | Uncontrolled sewage flowing into U.S. would pose health risk and foul beaches. | International Boundary and Water Commission | 3/8/1983 | CEQ approved upon receipt of an environmental memorandum; preparation of EA followed. |