0204-106, Safety and Emergency Preparedness
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Section 1
DEPARTMENT OF ENERGY
DELEGATION ORDER NO. 0204-106
ASSISTANT SECRETARY FOR ENVIRONMENTAL PROTECTION, SAFETY,
AND EMERGENCY PREPAREDNESS
Pursuant to the authority vested in me as Secretary of Energy (“Secretary”) and by Section 642 of
the Department of Energy Organization Act (P.L. 95-91), there is delegated the authority to make
findings with regard to Floodplains/Wetlands pursuant to Executive Orders 11988 and 11990, and
10 CFR 1022, as follows:
1. For proposed Departmental actions located within a floodplain or a wetland and requiring
the preparation of an environmental assessment or an environmental impact statement for
compliance with the National Environmental Policy Act, the authority is delegated to the
Assistant Secretary for Environmental Protection, Safety, and Emergency Preparedness
(ASEP). Prior to making a finding, the ASEP shall obtain the concurrence of the involved
program Assistant Secretary, or designee, regarding cost, timing, and other programmatic
factors and shall consult with the Office of the General Counsel. Irreconcilable differences
between any of the parties will be referred to the Under Secretary for resolution;
2. For proposed Departmental actions located within a floodplain or a wetland but not
requiring the preparation of an environmental assessment or an environmental impact
statement for compliance with the National Environmental Policy Act, the authority is
delegated to the Program Assistant Secretaries, or designees.
In exercising the authority delegated by this Order, the delegate(s) shall be governed by the rules
and regulations of the Department of Energy and the policies and procedures prescribed by the
Secretary or his delegate.
All actions pursuant to any authority delegated prior to this Order/or pursuant to any authority
delegated by this Order taken prior to and in effect on the date of this Order and hereby confirmed
and ratified, shall remain in full force and effect as if taken under this Order, unless or until
rescinded, amended, or superseded.
This Order is effective November 5, 1982.
/s/
James B. Edwards
Secretary of Energy
DEPARTMENT OF ENERGY
AMENDMENT NO. 1
DELEGATION ORDER NO. 0204-106
Item number 1 of Delegation Order No. 0204-106 (copy attached) is amended to substitute the
Assistant Secretary for Policy, Safety and Environment for the Assistant Secretary for
Environmental Protection, Safety and Emergency Preparedness.
This action is effective January 23, 1984.
/s/
Donald Paul Hodel
Secretary of Energy
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