NEPA Basics

1. NEPA Basics Presented by M. Dechter October 28, 2010

2. Law, Regulation, & Policy Hierarchy Law Regulation Policy

3. National Environmental Policy Act of 1969 – the Law • An Act to establish a national policy for the environment which will encourage productive and enjoyable harmony between man and his environment, … • Is a turning point in how government operates: look before you leap when making environmental decisions and involve the public. • Requires consideration of impact to the environment, human health, alternatives, and public input.

4. Background on CEQ “regs” • 40 CFR 1500-1508 regulations for implementing NEPA: • went into effect in 1978. • tell federal agencies what they must do to comply with NEPA; written mainly for EISs. • tell agencies to implement their own procedures to make the NEPA process more useful to the decisionmaker and the public (1500.2, 1505.1, 1507.3)

5. Forest Service NEPA Procedures: 36 CFR 220 in Federal Register • Agency regs for NEPA: • Direction for public participation & public dislosure • Rules for alternative development and analysis • Requirements for decision documents and process

6. 36 CFR 215 Notice, Comment and Appeal Regulations Your Comments • Appeals Reform Act1993 (ARA) mandated a notice, comment, and appeal process for FS proposed actions • 36 CFR 215 regulations implement ARA • The 30/45-day “notice and comment period” on EA/EISs • Anyone can file an appeal at no cost.

7. Proposal YES, or “may be” or Required by policy NOI Notice of Intent NEPADecision Document DEIS Draft Environmental Impact Statement FEIS Final Environmental Impact Statement (response to Comments) FONSI Finding of no Significant Impact RODRecord of Decision Scoping NO and noextraordinary circumstances related to the proposed action. Key to 3 paths of documenta-tion: Significance Category Fits one of the Agency CE Categories? Unsureif significant NEPAEnvironmental Documents EAEnvironmental Assessment No Yes Significant? (40 CFR 1508.27) Finish analysis: Any extraordinary circumstances? No May be Yes No Non-NEPA Agency Documentation 31.1 = No DM required 31.2 = DM Decision Notice

8. Basic components of EA and EIS • Chapter 1 – Purpose and Need, Proposed Action, Public Involvement, Issues • Chapter 2 – Alternatives and Mitigation • Chapter 3 (EA) or 3/4 (EIS) – Detailed Analysis • Appendices

9. EIS path • If there “may be” significant effects • Create Public Involvement Plan, including all public involvement activities, & start scoping • Draft EIS is sent out for public comment • Final EIS incorporates comments on DEIS • Decision and rationale are in the ROD • Longer comment and appeal period (per 36 CFR 215)

10. Environmental Assessment (EA) • Purpose of EA is to determine whether to prepare EIS or sign a FONSI. • EAs shall include brief discussions of: • Need for the proposal • Alternatives as required issues • Environmental impacts of PA and alternatives • Still need to ‘consult’ with FWS and SHPO

11. Categorical Exclusion • Each agency has a list of types of actions that may be categorically “excluded from documentation in an EA or EIS” -- not excluded from NEPA analysis • Cannot have effects to “extraordinary circumstances” • CE’s require appropriate NEPA analysis and usually a record (project file) of it unless extremely minor action

12. NEPA Decisions – 2010 Coconino NF NEPA decisions by project-type 2010

13. NEPA Decisions – 2010 Coconino NF NEPA decisions by project-type 2010

14. NEPA Timelines

15. Length of NEPA process - 2010 Coconino NF NEPA process time by project-type 2010

16. Is a CE appropriate? Sometimes it’s not the easiest route • Does proposal “fit” an existing category? • Are there any “extra-ordinary” circumstances that would preclude use of CE? • Are there any issues requiring alternatives? • Any other reason for not doing a CE? (socio/political?) • If in doubt, Responsible Official should decide

17. Appeals - 2010 Coconino NF Project Decisions Appealed 2010