This document discusses ways to build value into the NEPA process. It argues that the value of the NEPA process lies in how it aids agency decision making. The document recommends focusing on consistency of scope across all disciplines involved in a project and using environmental performance criteria. This improves communication, coordination, and allows decision makers to have a balanced and informed perspective. The goal is for the NEPA process to add value throughout project development from initial planning through design and implementation.

1. Building Value into the
NEPA Process
Peter W. Havens, CEP

2. Disclaimer
The opinions and views expressed
herein are strictly those of the
author and presenter. They do not
express the views or opinions of
the Department of the Navy.

3. Introduction
 40 CFR 1500.1 Purpose
(c) Ultimately, of course, it is not better documents but
better decisions that count. NEPA’s purpose is not
to generate paperwork – even excellent paperwork
– but to foster excellent action. The NEPA process
is intended to help public officials make decisions
that are based on understanding of environmental
consequences, and take actions that protect,
restore, and enhance the environment.

4. The NEPA Process
 NEPA is a procedural law
A process described by law and regulation
 The NEPA process is not isolated;
The process exists because of a proposal for action
 The “enterprise” to which the NEPA process is
attached extends from “first light” to “implementation”
 Therefore, the NEPA process also extends
from first light to implementation

5. The process must generate value
 Value must be generated by a process,
otherwise the activity is wasteful
 Value is determined by the “customer” or the
recipient of the product output
 Value accrues when we encourage the
critical path and eliminate non-value added
activity
 Waste occurs when we measure the product
at the end of the process and throw away
those items that fail to meet specifications

6. Building value into the NEPA Process
 Value of the NEPA process lies in its value to
agency decision making
 Improving how the process is conducted will
generate more value than improving the
document
 Encouraging the NEPA process critical path
activities will improve value to the decision
maker

7. Decision Making Structure
Decision
Environmental Technical Economic Logistic
(NEPA) (Engineering) (Cost) (Mission)

8. Consistency of Scope
 Input to decision making must be based on the
same scope
 A scope change requires all disciplines to re-
consider their conclusions
 Consistency of Scope is required to
 Conduct impact assessment
 Develop mitigation
 Prepare the NEPA document

9. Performance Criteria
 Environmental Performance Criteria
 Culvert openings no smaller than 8 inches
 Avoid jurisdictional wetlands
 Design/engineering solutions
 Culvert constructed with 5, 8-inch PVC pipes
 Move it up the hill
 Performance criteria are required to
 Improve efficiency of communication
 Coordinating with design engineers
 Inform decision makers of environmental constraints
and opportunities

10. Programming, Budgeting and Design
for Federal Actions
 Military Construction Program
 Lengthy, actions are identified 4 – 6 years in advance of
the desired “program year”
 Scope and Program year target may vary
 Purpose and need are relatively stable
 Decision making
 Occurs throughout the programming and budgeting
process
 Continues through the design process

11. Programming and Budgeting
 Critical path activities
 Identifying and defining the NEPA Scope
 Need
 Purpose
 Alternatives
 Understanding and responding to significant issues
 Defining and budgeting for mitigation
 Planning for environmental documentation

12. Design
 Critical path activities
 Understanding and communicating the action scope
 Communicating environmental constraints
 Responding to value engineering changes
 Consulting with agencies
 Considering alternative mitigation measures and permit
coordination

13. View of the decision maker
 Mission support
 Responsive, effective and efficient input
 Balanced and considered decision
 Truly representative NEPA documents
 Confidence

14. Improving the NEPA Process
 Improving the perceived value
 Providing value to decision makers
 Focusing on…
 Consistency of Scope
 Environmental Performance Criteria
 Which leads to…
 Improved decision making