DOE Orders and Guidance

DOE-STD-6003-96

The Endangered Species Act of 1973 (16 USC 1531 et seq.; 50 CFR 17, 222, 226, 227,

402, 424, 450, 451, 452, and 453) prohibits Federal agencies from taking any action that would

jeopardize the continued existence of any threatened or endangered species or result in the

destruction or adverse modification of critical habitat unless an exemption has been obtained.

Objects Affecting Navigable Airspace (49 USC 1501; 14 CFR 77) requires that all persons

give adequate public notice of the construction or alteration, or the proposed construction or

alteration, of any structure that would be a hazard to air navigation, and regulates structures that

could obstruct air navigation. The Federal Aviation Administration (FAA) has the following pro-

cedures that must be followed: Notice of Proposed Construction, Construction Permit, and a

Notice of Progress of Construction or Alteration.

The Rivers and Harbors Appropriations Act of 1899 (33 USC 401413, 06; 33 USC

33 CFR 209, 320, 325, 326, 329, and 330), the Bridge Act of 1949, and Construction and

Operation of Bridges Act of 1946 (33 USC 525; 33 CFR 114115) prevent alteration or modifi-

cation of the course, location, current condition, or capacity of any navigable water in the United

States without a permit. "U.S. navigable waters" have been defined in a loose manner by regula-

tors. Dry lake beds, arroyos, and ditches have all been considered navigable waters. Bridge

construction is also regulated under this act. The U.S. Army Corps of Engineers has established

an integrated permitting process that allows a single permit application to be used for compli-

ance with regulated activities. A permit must be obtained from the U.S. Army Corps of

Engineers for any activity regulated under this act.

The Noise Control Act of 1972, as amended [42 USC 49014918 (EO 12088)] directs all

Federal agencies to carry out programs within their jurisdictions in a manner that furthers a

national policy of promoting an environment free from noise that jeopardizes health and welfare.

If the noise levels and/or emissions from a fusion facility would jeopardize the health or welfare

of the public in the area surrounding the site, a plan to minimize noise emissions must be pre-

pared. The plan may require a change in design parameters.

3.1.2.2 DOE Orders and Guidance

DOE Orders are internal department documents that set policy and specify procedures for

implementing that policy. They may apply to specific sites and facilities or to all areas of DOE

operations. In some cases, DOE Orders may mandate compliance with existing Federal, state,

and local regulations. Because specific DOE Orders may change or new Orders are issued, a

review of the latest DOE Orders should be conducted.

The General Environmental Protection Program (DOE Order 5400.1) establishes environ-

mental protection requirements, authorities, and responsibilities for DOE operations for ensuring

compliance with applicable federal, state, and local environmental protection laws and regula-

tions, executive orders, and internal DOE policies. This Order implements DOE policy, which

mandates that all operations be conducted in an environmentally safe and sound manner,

including protection of the public and the environment. DOE Order 5400.1 requires that DOE

operations be conducted in compliance with the letter and spirit of applicable environmental

statutes, regulations, and standards. This includes sound environmental management of current