The National Environmental Policy Act

1. The National Environmental Policy Act An Overview

2. National Environmental Policy Act . Signed January 1, 1970 Establishes a national environmental policy to: promote efforts that will prevent or eliminate damage to the environment enrich the understanding of the ecological systems and natural resources important to the Nation .

3. Purpose of NEPA Section 101: It is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.

4. NEPA’s Objectives • Disclose, analyze, and consider environmental information as a criteria when making decisions. • Inform the public of potential impacts and alternatives and involve the public in decision making.

5. NOT a Regulatory Law • Regulatory Laws, such as the Clean Air Act and Clean Water Act, establish specific threshold levels of impact, above which specific regulatory actions are triggered. • NEPA does NOT establish any such threshold: it only establishes an administrative process that must be followed. • The policies and goals set forth in NEPA are supplementary to those set forth in existing authorizations of Federal agencies.

6. When Does NEPA Apply? • Major federal actions potentially affecting the human environment. • Actions include issuing regulations, approving action on federal land, and expending federal funds. • With exceptions for emergencies and unless otherwise exempted by law, federal agencies must undertake NEPA before implementing the proposed action.

7. Hierarchy of NEPA Analyses and Documentation Processes • Categorical Exclusion (CATEX) • Environmental Assessment (EA) • Environmental Impact Statement (EIS)

8. Categorical Exclusion (CE / CATEX) • Applicable to categories of actions that are known not to have significant effects • Each agency promulgates its list of CEs through rule-making • Not an exemption from NEPA • Be alert for Extraordinary Circumstances in which a normally excluded action may have significant environmental effect • Absent extraordinary circumstances, no further documentation required under NEPA

9. Environmental Assessment (EA) • Covers similar EIS contents – but is not as lengthy • Provides analysis of potential impacts and consideration of alternatives and mitigations that may reduce impacts. • A concise document providing evidence and analysis for determining whether to prepare an EIS - does the proposed action significantly affect the human environment? • Facilitates preparation of EIS, if one is necessary.

10. Environmental Assessment • The specific content of an EA is dictated by individual agency’s regulations • Brief discussion of the need for the action • Reasonable alternatives to recommended courses of action for any proposal involving conflicts concerning use of natural resources • Anticipated environmental impacts of the proposed action and alternatives

11. Environmental Assessment • List of agencies and individuals consulted • Involve the public – much discretion as to how • Result is Finding Of No Significant Impact (FONSI) or Notice of Intent (NOI) to prepare EIS

12. Finding of No Significant Impact • Briefly presents reasons why action will not have a significant effect on the human environment. • Attached to, or includes summary of, the EA. • Available for 30 day public review if: • proposed action is, or is closely similar to, an action which normally requires an EIS; or • the nature of the proposed action is without precedent.

13. Environmental Impact Statement (EIS) • Used for actions with the potential for significant environmental effects • Must discuss: • proposed action • reasonable alternatives to meet purpose and need for action • impacts (direct, indirect and cumulative) • Procedural steps focus on public input, issue identification, and analysis

14. Number of EISs in 2007 557 EIS in calendar 2007 Forest Service Fed. Hwy. Admin. BLM Corps of Engineer FERC NPS 139 79 52 40 32 26

15. EIS: The Process • Notice of Intent • Scoping • Draft Environmental Impact Statement • Final Environmental Impact Statement • Record of Decision • Supplemental Environmental Impact Statement

16. Notice of Intent • Published in Federal Register • Describe proposed action and alternatives • Describe proposed scoping process • State name and address of agency contact

17. Scoping The early and open process to determine scope of issues and identify the significant issues related to a proposed action • Invite affected Federal, State and local agencies, affected Indian Tribes, and other interested parties to participate • Determine the scope of the analysis and the significant issues • Allocate responsibilities among all government agencies • Develop the structure and process

18. Draft EIS • Purpose and need for the proposed action • Alternatives including no-action and the proposed action • Affected environment • Environmental consequences

19. Draft EIS • Circulated for public and agency review for at least 45 days - EPA publishes NOA in Federal Register • Federal agencies with jurisdiction or special expertise relevant to any impact are expected to comment • Evaluate the comments received

20. Final Environmental Impact Statement (FEIS) • Take substantive comments into account • Outline similar to DEIS, but adds responses to comments • EPA publishes NOA in Federal Register to begin 30-day waiting period.

21. Record of Decision • Agency must prepare and decision-maker must sign ROD at the time the decision is made • Decision comes no sooner than 30 days after FEIS or 90 days after DEIS, whichever is later

22. Record of Decision • The decision • Alternatives considered • Environmentally preferred alternative • Factors balanced in making decision • economic and technical • agency statutory mission • national policies

23. Record of Decision • State whether all practicable means to avoid or minimize harm were adopted, and, if not, why not. • Describe applicable enforcement and monitoring programs.

24. Supplemental Environmental Impact Statement • Supplement DEIS or FEIS if: • substantial change in the proposed action • significant new circumstances or information • Supplements are prepared in the same manner as the DEIS or FEIS, except that scoping isn’t required

25. Programmatic Documents • Prepared for major program, plan or policy • Often followed by tiering to site-specific EISs or EAs prepared at subsequent decision stages • Stepped approach to analysis • Incorporates previous findings

26. For More Info http://www.whitehouse.gov/ceq and look for NEPAnet link