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BLM NEPA HANDBOOK Overview and Major Clarifications

BLM NEPA HANDBOOK Overview and Major Clarifications. PLA NEPA Permitting Seminar Denver, Colorado June 11-12 , 2008 Contact: Brian St. George at (303) 239-3709 or Brian_St_George@blm.gov. Topics. Purpose and Need Affected Environment and Environmental Consequences Cumulative effects

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BLM NEPA HANDBOOK Overview and Major Clarifications

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  1. BLM NEPA HANDBOOKOverview and Major Clarifications PLA NEPA Permitting Seminar Denver, Colorado June 11-12, 2008 Contact: Brian St. George at (303) 239-3709 or Brian_St_George@blm.gov

  2. Topics • Purpose and Need • Affected Environment and Environmental Consequences • Cumulative effects • Contracting NEPA analysis • Categorical Exclusions – especially 390 CXs • Adaptive Management

  3. Why a New NEPA Handbook • Generally to tie the NEPA guidance more directly to CEQ regulations, BLM Planning regulations, Departmental guidance, and evolving case law • A more detailed procedural guide for BLM specialists and the public • Supplementing • Federal Register Notices • Public notification and involvement • Filing with EPA

  4. Purpose and Need • Treats the purpose and need separately • Need can be framed as underlying issue, conflict or problem that requires resolution • Purpose is the objective or solution to problem identified in the Need • Collectively the P&N establish: • why here, why now, why this action • the range of reasonable alternatives • the basis for selecting the preferred alternative • Should be specific but not arbitrarily narrow • Should relate to achieving the goals/objectives of the RMP

  5. Purpose and Need • “Need” tells the reader the problem to overcome or opportunity available • Need is essentially the lack of something wanted, or presence of something unwanted. • “Purpose” identifies criteria the decision maker will consider when choosing the alternative that best meets the need • In essences – the goals to be meet while carrying out the action

  6. Affected Environment and Environmental Consequences • Elimination of critical elements • Emphasizes the“hard look” at effects and impacts – a reasoned analysis containing quantitative or detailed qualitative information • Significance hinges on context and intensity of the impact • Highlights the 10 CEQ considerations for evaluating intensity

  7. Affected Environment and Environmental Consequences • Effects and impacts analysis – the heart of a NEPA document • Emphasizes analysis that tracks with the Alternatives and allows for side-by-side comparisons • Reader should be able to discern a difference in impact • Emphasizes the identification of mitigation measures • Specific practices that reduce, avoid or eliminate effects of the proposed action or alternative • Distinct from design measures included in the proposed action

  8. Connected Actions • Connected Actions are those which • Automatically trigger other actions that require NEPA • Can not or will not proceed without other actions • Limited to actions that are currently proposed • Analysis of Connected Actions • If both are Federal actions, they should be analyzed in a single NEPA document • If non-Federal, we must demonstrate at a minimum that it has been considered as a connected action in the analysis

  9. Cumulative Effects • Emphasizes full accounting of cumulative effects • Geographic scope, Timeframe, Extent • Context, Intensity, and methodology • Reasonably foreseeable actions • Is there an existing proposal? • Is there a commitment of resources, funding? • Has the NEPA process begun?

  10. Cumulative Effects • Cumulative Effects Analysis • Analyze direct and indirect effects of each cumulative issue • Separate analysis for each alternative • Describe the incremental difference in cumulative effect as a result of the proposed action

  11. Contracting NEPA Analysis • Contracting may be used in part or in whole • Contracting does not eliminate BLM’s active role • BLM is responsible for scope and content • BLM should independently review the analysis and decisions • BLM should prepare all decision records • Contractor is chosen or approved by BLM • Recommend including a conflict of interest disclaimer • Recommend using an MOU • MOU must: • Establish roles and responsibilities • Specify that all costs of using a contractor in development of the NEPA document will be borne by the applicant

  12. Categorical Exclusions – Section 390 • BLM must provide justification in case file why a CX applies and ensure compliance with the RMP • 390 CX does not require review for extraordinary circumstances. • BLM must still provide for the same mitigation and BMPs necessary to ensure insignificant impacts • Other procedural steps still apply such as ESA Consultation and National Historic Preservation Act. • Specific guidance provided in IM-2005-247

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