---
kind: "section"
citation: "10 C.F.R. § 1022.5"
title: "10"
number: "1022.5"
heading: "Applicability."
url: "https://uscodex.org/cfr/10/1022.5"
---

# §1022.5. Applicability.

- (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 (e.g., activities such as reroofing, plumbing repair, door and window replacement);
  - (2) Site characterization, environmental monitoring, or environmental research activities (e.g., sampling and surveying water and air quality, flora and fauna abundance, and soil properties) in a floodplain or wetland, unless these activities would involve building any structure; involve draining, dredging, channelizing, filling, diking, impounding, or related activities; or result in long-term change to the ecosystem; and
  - (3) Minor modification (e.g., upgrading lighting, heating, ventilation, and air conditioning systems; installing or improving alarm and surveillance systems; and adding environmental monitoring or control systems) of an existing facility or structure in a floodplain or wetland to improve safety or environmental conditions unless the modification would result in a significant change in the expected useful life of the facility or structure, or involve building any structure or involve draining, dredging, channelizing, filling, diking, impounding, or related activities.
- (e) Although the actions listed in paragraphs [(d)(1)](#d-1), [(d)(2)](#d-2), and [(d)(3)](#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.

## Notes

### Authority

Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; E.O. 11988, 42 FR 26951, 3 CFR, 1977 Comp., p. 117; E.O. 11990, 42 FR 26961, 3 CFR, 1977 Comp., p. 121; E.O. 12372, 47 FR 30959, 3 CFR, 1982 Comp., p. 197.

### Source

Source: 68 FR 51432, Aug. 27, 2003, unless otherwise noted.