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NEPA – Writing
Environmental
Assessments, Part 1
River Management Society
Denver, Colorado
April 15, 2014
1
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
2
NEPA
• Prevent/eliminate damage to environment
• Create/maintain harmony between people &
environment
• Understand ecological systems & natural
resources
• Established Council on Environmental Quality
(CEQ)
3
Basic Mandates of NEPA
• Consider the environment in your decisions
• Improve the environment
• Protect the environment
• Document impacts
• Productive harmony
• Public involvement
4
Implementation
• Law
• CEQ Regulations
• Agency regulations
• Agency policies
• Agency handbooks
• Regional/local procedures 5
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
6
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
7
Major federal actions
• New and continuing:
• Activities
• Funding
• Permits
• Categories:
• Plans
• Policies
• Programs
• Projects
8
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.
9
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
10
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
11
NEPA Documents
• 3 Primary NEPA Documents:
• Categorical Exclusions (CEs or CATEXs)
• Environmental Assessments (EAs)
• Environmental Impact Statements (EISs)
12
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.
13
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)
14
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)
15
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
16
Interdisciplinary Teams
• The interdisciplinary team consists of:
• Leader
• Core team members
• Extended team members
17
Reducing Paperwork
• Tiering
• Incorporating by reference
• Adoption
18
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
19
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.
20
Defining Your Problem (Need) Traps
People mistake
symptoms for causes.
21
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.
22
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.
23
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?
24
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
25
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
26
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
27
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
28
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
29
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
30
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
Exercise 2
• Review the scoping letter - identify key points that you should
include in your analysis
32
. . . 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.
33
Summary & Review
• Basic mandates
• Procedural requirements
• Significance
• Documents
• Interdisciplinary teams
• Reducing paperwork
• Purpose and need
• Scoping and public involvement
34
Questions/Comments??
35

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National Environmental Policy Act (NEPA) Writing Environmental Assessments (EAs), Part 1 of 3 - Helen Clough and Judy Kurtzman

  • 1. NEPA – Writing Environmental Assessments, Part 1 River Management Society Denver, Colorado April 15, 2014 1
  • 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 2
  • 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 4
  • 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 6
  • 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 7
  • 8. Major federal actions • New and continuing: • Activities • Funding • Permits • Categories: • Plans • Policies • Programs • Projects 8
  • 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. 9
  • 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 10
  • 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 11
  • 12. NEPA Documents • 3 Primary NEPA Documents: • Categorical Exclusions (CEs or CATEXs) • Environmental Assessments (EAs) • Environmental Impact Statements (EISs) 12
  • 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. 13
  • 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) 14
  • 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) 15
  • 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 16
  • 17. Interdisciplinary Teams • The interdisciplinary team consists of: • Leader • Core team members • Extended team members 17
  • 18. Reducing Paperwork • Tiering • Incorporating by reference • Adoption 18
  • 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 19
  • 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. 20
  • 21. Defining Your Problem (Need) Traps People mistake symptoms for causes. 21
  • 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. 22
  • 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. 23
  • 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? 24
  • 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 25
  • 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 26
  • 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 27
  • 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 28
  • 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 29
  • 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 30
  • 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 32
  • 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. 33
  • 34. Summary & Review • Basic mandates • Procedural requirements • Significance • Documents • Interdisciplinary teams • Reducing paperwork • Purpose and need • Scoping and public involvement 34