Applicability.

CFR · 2024-01-01 · US · Title 10

(a) This part applies to all organizational units of DOE, including the National Nuclear Security Administration, except that it shall not apply to the Federal Energy Regulatory Commission. (b) This part applies to all proposed floodplain or wetland actions, including those sponsored jointly with other agencies. (c) This part does not apply to the issuance by DOE of permits, licenses, or allocations to private parties for activities involving a wetland that are located on non-Federal property. (d) Subject to paragraph (e) of this section, subpart B of this part does not apply to: (1) Routine maintenance of existing facilities and structures on DOE property in a floodplain or wetland. Maintenance is routine when it is needed to maintain and preserve the facility or structure for its designated purpose ( (2) Site characterization, environmental monitoring, or environmental research activities ( (3) Minor modification ( (e) Although the actions listed in paragraphs (d)(1), (d)(2), and (d)(3) of this section normally have very small or no adverse impact on a floodplain or wetland, where unusual circumstances indicate the possibility of adverse impact on a floodplain or wetland, DOE shall determine the need for a floodplain or wetland assessment.

official document · source cfr-2024 · id 10:§ 1022.5