Clough, Helen - Department of the Interior, U.S. Fish and Wildlife Service, retired Judith Kurtzman - Utah State University Writing clear Environmental Assessments (EAs) as required by the National Environmental Policy Act (NEPA) is critical to successful implementation of the law and more importantly good decisions. The NEPA process must be well documented in clear language so that the proposals, alternatives and the environmental effects of proposals and alternatives are clearing explained. Often the NEPA analysis is not well documented resulting in costly delays in projects as appeals and litigation occur regarding the NEPA analysis. This training will focus on how to properly document the NEPA analysis for EAs with emphasis and examples relevant to rivers and river management. This first part of the 3-part training will review NEPA and the types of NEPA documentation. The session will focus on scoping, public involvement, and defining the purpose and need for action. The session will include exercises and review of relevant documents. Ample time is allotted for discussion and questions from participants. The session will be followed up by Parts 2 and 3 covering the rest of the EA process.

1. NEPA – Writing
Environmental
Assessments, Part 1
River Management Society
Denver, Colorado
April 15, 2014
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2. History
• Events of the 1940s, 1950s, and 1960s that paved the way for
the passage of the National Environmental Policy Act
• Passed by Congress December 23, 1969
• Signed by Richard Nixon January 1, 1970
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3. NEPA
• Prevent/eliminate damage to environment
• Create/maintain harmony between people &
environment
• Understand ecological systems & natural
resources
• Established Council on Environmental Quality
(CEQ)
3

4. Basic Mandates of NEPA
• Consider the environment in your decisions
• Improve the environment
• Protect the environment
• Document impacts
• Productive harmony
• Public involvement
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5. Implementation
• Law
• CEQ Regulations
• Agency regulations
• Agency policies
• Agency handbooks
• Regional/local procedures 5

6. Other legal considerations
• Clean Air Act
• Clean Water Act
• Endangered Species Act
• National Historic Preservation Act
• Archeological Resources Protection Act
• Executive Orders 11988, 11990, 12898, and 13045
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7. Hard Look Doctrine
• Assumptions spelled out
• Inconsistencies explained
• Methodologies disclosed
• Contradictory evidence rebutted
• Records referenced solidly grounded in science
• Guesswork eliminated
• Conclusions supported in a manner capable of judicial
understanding
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8. Major federal actions
• New and continuing:
• Activities
• Funding
• Permits
• Categories:
• Plans
• Policies
• Programs
• Projects
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9. Significance
• Context:
• Society as a whole
• Regional
• Local
• Intensity:
• Severity of impacts
• Degree of controversy
• Uncertainty of impacts
• Cumulative impacts
• Cultural resources, endangered species, wild rivers,
etc.
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10. Proposed Federal
Action
Categorical Exclusion
Exists, and No
Extraordinary
Circumstances
Present
Internal Scoping
No Significant
Environmental Effects
Significant
Environmental Effects
NEPA Decision Making
Notice of Intent
(NOI)
Environmental
Assessment
Public Scoping*
Significance of
Environmental Effects
Uncertain
Categorically
Excluded from
Further
Documentation
Environmental
Action Statement
(EAS)**
Public
Scoping
Draft Environmental
Impact Statement
Final EIS
Record of
Decision (ROD)
* Public scoping for an EA is optional under 40 CFR 1500 et seq., but public involvement required under
DOI NEPA regs., 43 CFR 46.305.
** Individual programs (e.g., WSFR, ES for HCPs, Partners Program) may require use of other forms
***FONSI is the FWS decision document for an EA, but not considered as such under NEPA regulations
Implementation
NOA &
Comment Period
NOA &
Waiting Period
Finding of No
Significant Impact
(FONSI)***
Significant
Impacts
No Significant
Impacts
Optional
Public Scoping
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11. Develop a
proposal with
specific
objectives
identify the
environmental
issues and
other decision-
making factors
Develop
alternatives
that meet
objectives and
address issues
Establish
methodologies
for analyzing
projected
effects
Evaluate the
action
alternatives
against the
criteria and the
no-action
alternative
Select the
alternative
that best
meets the
objectives and
satisfies
criteria
Document and
implement the
decision and
monitor
performance
Monitor and
evaluate
decisions,
actions, and
directions
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12. NEPA Documents
• 3 Primary NEPA Documents:
• Categorical Exclusions (CEs or CATEXs)
• Environmental Assessments (EAs)
• Environmental Impact Statements (EISs)
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13. Categorical Exclusions
(CE, CATEX)
• A proposed action qualifies for a CATEX:
• When the action would not individually or cumulatively cause a
significant impact on the human environment.
• Matches a category in the Agency’s list of CATEXs in their
published NEPA Regulations.
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14. Environmental Assessment
(EA)
• Not eligible for a categorical exclusion
• The proposed action probably would not cause significant,
adverse environmental effects
• Finding of No Significant Effect
(FONSI)
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15. Environmental Impact Statement
(EIS)
• Proposed action does not qualify for categorical exclusion or
Finding of No Significant Impact
• Proposed action might cause significant adverse effects to the
environment
• Might have substantial environmental controversy or
significance or nature of the environmental effects of the
proposed action
• Record of Decision (ROD)
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16. NEPA
• 3 Primary Functions of NEPA Documents:
• Provide sufficient information to the decision-maker to make
an informed decision
• Provide that procedural requirements of NEPA have been
followed and completed
• Inform the interested public
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17. Interdisciplinary Teams
• The interdisciplinary team consists of:
• Leader
• Core team members
• Extended team members
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18. Reducing Paperwork
• Tiering
• Incorporating by reference
• Adoption
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19. Suggested Content of an EA
• Cover sheet
• Summary
• Table of Contents
• Purpose of and need for action
• Alternatives including the proposed action
• Affected environment
• Environmental consequences
• List of preparers
• List of Agencies, Organizations, and persons to whom copies of
the document are sent
• Appendices
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20. Defining Your Problem (Need) Traps
People are convinced that
they know what is supposed
to be done, so they don’t
think there is any reason to
take time clarifying the
problem.
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21. Defining Your Problem (Need) Traps
People mistake
symptoms for causes.
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22. Chapter 1 Purpose and Need
• Purpose and Need for the Action
• Explain who wants to do what and where and when they want
to do it (background).
• Agency versus applicant
• Describe the need for the action (i.e., Why this action is
important). If the need is related to your agency’s mandates
give the source.
• Lists the project’s purpose (goals or objectives ). What does
the agency hope to achieve and how will it be measured
(quantify).
• Selection criteria for reasonable alternatives.
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23. Chapter 1 Purpose and Need
• Identifies the laws, regulations, or other EISs/EAs that
influence the scope of this EIS/EA. Include a list of Federal,
state, or local permits, licenses, or other consultation
requirements.
• Summarizes the decision(s) to be made.
• Summarizes the scoping/public involvement process, and lists
the relevant issues/resources to be analyzed and those
dismissed from further analysis.
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24. Chapter 1 Purpose and Need
• Compare the desired condition against the existing condition
and ask yourself:
• What is the disparity between them?
• Is there a need for change?
• Should an action be taken?
• If so, what types of action(s) would help in the solving the
problem(s) between desired conditions
and existing conditions?
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25. Chapter 1 Purpose and Need
• Problem Framing—What is the Problem?
• You don’t want to define the
problem too widely
• You don’t want to define the problem
too narrowly
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26. Exercise 1
• Review EA ~ Chapter 1
• Discuss as a group the strengths and weaknesses of the
purpose and need statement for the project:
• Who was proposing what, where, and when
• Why the action was being proposed/the need
• List of objectives with measurable outputs
• Other relevant laws, policies and documents and any potential
Federal, State and/or local consultation requirements
• Summary of decisions to be made
• Summary of scoping: who was contacted, what were the relevant
issues identified
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27. Scoping and Public
Involvement
• Scope
• Scoping
• Public Involvement
• Public includes all groups or
individuals outside your agency
• Organize all information/comments received from the public
in your administrative file
• Respond to all comments in your document
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28. Scoping and Public
Involvement
• Identify and talk with all Federal, State, local agencies, and
other affected/interested public
• Consult with Indian Tribes – government to government
consultation
• Identify and talk within your agency – leadership; other
divisions
• Identify all mandatory review and consultation requirements
• Identify all NEPA and related documents that already address
any aspect or are related to the proposal
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29. Scoping and Public
Involvement
• Identify all relevant issues/resources to be analyzed in-depth
and eliminate issues not relevant
• Define the scope of the environmental analysis in terms of
actions, impacts, and alternatives
• Describe the actions of the Alternatives ~ No Action and all
action Alternatives
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30. Scoping and Public
Involvement
• Considerations for Public Involvement:
• Who will be interested in or affected by the action?
• Who has the information and expertise needed for the analysis?
• What information do you need from each person, agency, or
organization on your list?
• How do you involve the public so you can get the information you
need, inform them of what you are doing, and solicit their input?
• At what point in the NEPA process do you ask for the
information?
• Public involvement needs to be early, frequent,
representative, and taken seriously
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31. Response to Comments
• Develop a procedure for handling comments
• Appoint someone on the team to screen all comments for
substantive points
• Keep a clean copy of all comments and letters received
• Consolidate duplicate comments
• Always respond with substance - no matter how far out you
may feel the comment is 31

32. Exercise 2
• Review the scoping letter - identify key points that you should
include in your analysis
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33. . . . After careful review, we have the following requests of the
Controlling Agencies:
A. An established noxious weed control plan needs to be
implemented and monitored for effectiveness on a regular
basis.
B. Spring Hollow, the Teton Dam Site, and the Felt Power Plant
Access currently need physical improvements, in addition, is
the need for ongoing maintenance to insure safe and
efficient public access.
C. If public improvements are needed in and around the Teton
River Canyon, and these improvements require
access/usage via Teton Country Roads, we ask that our
office be both notified and included in the planning process.
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34. Summary & Review
• Basic mandates
• Procedural requirements
• Significance
• Documents
• Interdisciplinary teams
• Reducing paperwork
• Purpose and need
• Scoping and public involvement
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35. Questions/Comments??
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