The National Environmental Policy Act

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The National Environmental Policy Act

• An Overview

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National Environmental Policy Act

• Signed January 1, 1970
• Establishes a national environmental policy to

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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
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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.

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NEPAs 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.

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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.

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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.

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Hierarchy of NEPA Analyses and Documentation
Processes

• Categorical Exclusion (CATEX)
• Environmental Assessment (EA)
• Environmental Impact Statement (EIS)

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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

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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.

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Environmental Assessment

• The specific content of an EA is dictated by
  individual agencys 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

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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

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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.

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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

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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
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EIS The Process

• Notice of Intent
• Scoping
• Draft Environmental Impact Statement
• Final Environmental Impact Statement
• Record of Decision
• Supplemental Environmental Impact Statement

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Notice of Intent

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

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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

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Draft EIS

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

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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

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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.

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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

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Record of Decision

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

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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.

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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 isnt
  required

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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

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