National Environmental Policy Act (NEPA, 1969)

1
National Environmental Policy Act (NEPA, 1969)

• Alissa Dickerson
• Enviroscientists, Inc.

2
What is NEPA?

• Establishes national environmental policy and
  goals for protection, maintenance, and
  enhancement of environment
• Requires independent federal agencies to factor
  environmental considerations into decision-making
• It is a procedural statute

3
What is NEPA? (cont.)

• Mandates process for taking hard look at
  impacts of actions on environment
• Proposes what can be done about it
• Does not require choice of best alternative from
  environmental perspective

4
NEPA

• Requires independent federal agencies to
  integrate environmental values into
  decision-making processes
• Considerations
• Environmental impacts
• Reasonable alternatives

5
When does NEPA apply?

• In practice, project required to meet NEPA
  guidelines when federal agency provides any
  portion of project financing
• Fact NEPA applies to all actions carried out,
  assisted, or licensed by Federal government
• Application quite broad

6
NEPA

• Law includes two primary sections
• National Environmental Policy
• Action-forcing provisions that ensure agencies
  consider National Environmental Policy in
  decision-making process

7
How Does NEPA Work?

• 3 levels of analysis
• Level I - Categorical exclusion determination
  no action needed
• Level II - Preparation of environmental
  assessment/finding of no significant impact
  EA/FONSI
• Level III - Preparation of an environmental
  impact statement (EIS)
• Required for all major federal actions that may
  have significant impact on environment

8
NEPA Levels

• Level I - Categorical Exclusion
• Category of actions which do not individually or
  cumulatively have significant effect on human
  environment
• Actions that, based on past experience, do not
  involve significant environmental impacts
• Which means No EA or EIS

9
NEPA Levels (cont.

• Level II Environmental Assessment (EA)
• If a major federal action will not have
  significant impact on environment, agency must
  prepare environmental assessment
• Whether EIS or EA is developed, agency must
  involve public by
• Giving them notice
• Allowing them to comment
• USUALLY INCLUDES TRIBES

10
NEPA Levels (cont.)

• Level II - Finding Of No Significant Impact
  (FONSI)
• Document that briefly presents reasons why action
  has no significant impact
• Must include and reference EA

11
NEPA Levels (cont.)

• EA generally briefer than EIS
• EA allowed only if agency has issued "Finding of
  No Significant Impact" (FONSI)
• If more than one federal agency involved in
  project, multiple EAs may be required
• E.g., project involving EPA and Agriculture Dept.
  requires EA specific to each agency prior to
  project's approval

12
NEPA Levels (cont.)

• Level III Environmental Impact Statement
• To meet this requirement, EIS is prepared
• Lead federal agency reviews, comments on EIS
• EPA maintains national filing system for all EISs
• Assures its own actions comply with NEPA
• BIA required to do same function for BIA
  activities programs within their jurisdiction
• Tribal consultation required

13
NEPA Levels (cont.)

• Requires EIS to include
• Environmental impacts of proposed action
• Unavoidable adverse environmental impacts
• Alternatives including no action
• Relationship between short term uses of
  environment and maintenance of long-term
  ecological productivity
• Secondary/cumulative effects of implementing
  proposed action

14
Where do the tribes fit in?

• Executive Order 13175 (2000)
• Consultation Coordination with Indian tribal
  governments
• BIA responsible for NEPA compliance of their
  activities programs
• http//www.nepa.gov/nepa/tribes.htm

15
Cultural Resources

• Not defined in NEPA (or any other federal law)
• BUT, does require that agencies consider human
  environment
• Includes natural and physical environment and
  relationship of people with that environment
  (40 CFR 1508.14)

16
Environment and Culture

• We relate to our environment through our culture
• A thorough analysis should systematically address
  human aspects of the environment
• Social
• Cultural
• Natural
• Relationships between these

17
Analyzing Cultural Impacts

• How are they analyzed?
• Cultural resource
• Cultural use of biophysical environment
• Cultural institutions
• Intangible sociocultural attributes
• Social impact
• Social cohesion
• Social institutions
• Lifeways/ religious practices

18
Applying NEPA Tribally

• If you have concerns, communicate!
• Ask questions, be specific
• Request to be notified about developments (get on
  their radar)
• Make comments
• Communicate some more

19
Applying NEPA Tribally (cont.)

• During tribal planning and programming, consider
  NEPA principles in analysis
• Land use
• Economic performance
• Natural resources (air, water, biological)
• Community quality of life
• Cultural resources

20
Conclusions

• NEPA sought to put environmental concerns on par
  with
• Economic motivations
• Technological feasibility
• When making a decision that could affect
  environment
• Hydrological/geological, biological/ecological,
  social and health are among consequences
  considered
• More recently, archeological, historical,
  cultural impact analyses added

21
Conclusions (cont.)

• NEPA established Council on Environmental Quality
  (CEQ) to write regulations for EISs and advise
  executive branch on environmental issues
• Regulations on NEPA documentation binding on all
  agencies
• 40 CFR

22
NEPA

• NEPA is a national policy
• Purpose to make environmentally sound decisions
• Tribes should participate
• Communication is the key
• Sometimes you have to initiate

23
Questions?