National Environmental Policy Act (NEPA) Process and Federal Agency Compliance

Transcription

1 National Environmental Policy Act (NEPA) Process and Federal Agency Compliance Prepared for Northwest/Tribal Transportation Program Training/Conference April 1, /2/2014 1

2 Course Objectives Provide a brief overview of the NEPA procedures with respect to federal actions NEPA s relationship to other federal and regulatory requirements Schedule 4/2/2014 2

3 Authorities National Environmental Policy Act 1969 (NEPA) Section 102 (2) of NEPA establishes procedures which are binding on all Federal agencies. Council on Environmental Quality (CEQ) NEPA established the Council on Environmental Quality (CEQ) in the Office of the President. CEQ has promulgated regulations for implementing the procedural provisions of NEPA (40 CFR Parts ) 4/2/2014 3

4 59 IAM 3-H BIA s NEPA Handbook Provides advisory guidance for compliance with the NEPA process as regulated by CEQ. Provides guidance to BIA and tribal officials. Provides a step-by-step approach of explaining each phase of the NEPA process. 4/2/2014 4

5 516 DM 10 Department of the Interior Manual for Managing the NEPA Process-Bureau of Indian Affairs Provides supplementary requirements for implementing provisions of 156 DM 1 through 6 within the Department s Bureau of Indian Affairs Defines NEPA responsibilities within the agency Provides guidance to Tribal Governments 4/2/ and/or other Applicants.

6 When is NEPA triggered? If the action uses Federal funding, requires Federal licensing or is carried out by a Federal agency, then NEPA is triggered. 4/2/2014 6

7 NEPA Compliance Was there adequate environmental analysis and identification of the environmental impacts of the proposed federal action sufficiently covered in an earlier environmental document? Is the proposed federal action a listed Categorical Exclusion? 4/2/2014 7

8 Types of NEPA Documents Categorical Exclusions (CATEX) Exception Checklist for BIA Categorical Exclusions Environmental Assessment (EA) Finding Of No Significant Impact (FONSI) Environmental Impact Statement (EIS) Record of Decision (ROD) Finding 4/2/2014 8

9 Categorical Exclusions Actions which have been listed in 516 DM 2, Appendix 1 and 516 DM 10.5, have been determined not to individually or cumulatively affect the quality of the human environment and, therefore, they do not normally require an EA or EIS. 4/2/2014 9

10 Roads and Transportation CATXs 516 DM 10.5L Eleven Exemption Categories Approval of utility installations along or across a transportation facility located in whole within the limits of the roadway rights-of-way. Construction of bicycle and pedestrian lanes and paths adjacent to existing highways and within the existing rights-of-way. 4/2/

11 Roads and Transportation CATXs Activities included in a highway safety plan under 23 CFR 402. Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices where no substantial land acquisition or traffic disruption will occur. Emergency repairs under 23 U.S.V /2/

12 Roads and Transportation CATXs Acquisition of scenic easements Alterations to facilities to make them accessible for the elderly or handicapped. Resurfacing a highway without adding to the existing width. Rehabilitation, reconstruction, or replacement of an existing bridge structure on essentially the same alignment or location. 4/2/

13 Roads and Transportation CATXs Approvals for changes in access control within the existing rights-of-way. Road construction within an existing right-ofway which has already been acquired for a HUD housing project and for which earlier NEPA analysis has already been prepared. 4/2/

14 Other Exclusion Categories. 516 DM 10.5A Operation, Maintenance and Replacement of Existing Facilities. Examples are normal renovation of buildings, road maintenance, and limited rehabilitation of irrigation structures. 516 DM 10.5F Rights-of-Way e.g. renewals, amendments, ROW within ROW, service line agreements 4/2/

15 Environmental Assessment The main purpose of an EA is to determine whether or not an EIS is required. If an EA supports a Finding of No Significant Impact (FONSI), then an EIS is not required. 4/2/

16 Environmental Impact Statement The primary requirement of NEPA is that an EIS be prepared for every Federal action that will or may significantly affect the quality of the human environment. There are three ways of reaching the conclusion that an EIS is required. 4/2/

17 Environmental Impact Statement EIS is normally required when: The actions are listed in 516 DM 6, Appendix 4.3. If an EA does not support a FONSI. If, based on the judgment of the responsible BIA official(s), an EA is not likely to support a FONSI, then unnecessary delay can be avoided by preparing an EIS rather than an EA. 4/2/

18 EA Procedures Notice of Availability of Draft EA 30 day Public Comment Period Responses to Comments/Revisions to Draft EA FONSI or FONSI/Final EA Notice of Availability of FONSI 30 day waiting period prior to action implementation 4/2/

19 EIS Procedures Notice of Intent (NOI), publish in Federal Register Scoping Phase, public hearing, issues and alternatives Scoping Report Cooperating Agency invitations Administrative Draft EIS 4/2/

20 EIS Procedures continued Notice of Availability of DEIS, publish in Federal Register 60 day Public Comment Period Public Hearing Responses to Comments NOA of FEIS, publish in Federal Register Record of Decision 4/2/

21 Other Federal Statutes Section 106 of the National Historic Preservation Act Endangered Species Act Clean Water Act Safe Drinking Water Act Clean Air Act Coastal Zone Management Act 4/2/

22 For additional information on the NEPA process B J Howerton, Regional Environmental Protection Specialist: (503) or b.howerton@bia.gov For a copy of this Power Point presentation Dan Hall, Regional Archeologist PRO/Acting Regional Archeologist NWRO: (916) harold.hall@bia.gov 4/2/