National Environmental Policy Act (NEPA, 1969)

1. National Environmental Policy Act (NEPA, 1969) Alissa Dickerson Enviroscientists, Inc.

2. What is NEPA? • Establishes national environmental policy and goals for protection, maintenance, and enhancement of environment • Requires independent federal agencies to factor environmental considerations into decision-making • It is a procedural statute

3. What is NEPA? (cont.) • Mandates process for taking “hard look” at impacts of actions on environment • Proposes what can be done about it • Does not require choice of best alternative from environmental perspective

4. NEPA • Requires independent federal agencies to integrate environmental values into decision-making processes • Considerations • Environmental impacts • Reasonable alternatives

5. When does NEPA apply? • In practice, project required to meet NEPA guidelines when federal agency provides any portion of project financing • Fact: NEPA applies to all actions carried out, assisted, or licensed by Federal government • Application quite broad

6. NEPA • Law includes two primary sections • National Environmental Policy • Action-forcing provisions that ensure agencies consider National Environmental Policy in decision-making process

7. How Does NEPA Work? • 3 levels of analysis • Level I - Categorical exclusion determination – no action needed • Level II - Preparation of environmental assessment/finding of no significant impact = EA/FONSI • Level III - Preparation of an environmental impact statement (EIS) • Required for all major federal actions that may have significant impact on environment

8. NEPA Levels • Level I - Categorical Exclusion • Category of actions which do not individually or cumulatively have significant effect on human environment • Actions that, based on past experience, do not involve significant environmental impacts • Which means: No EA or EIS

9. NEPA Levels (cont. Level II – Environmental Assessment (EA) • If a major federal action will not have significant impact on environment, agency must prepare environmental assessment • Whether EIS or EA is developed, agency must involve public by • Giving them notice • Allowing them to comment • USUALLY INCLUDES TRIBES

10. NEPA Levels (cont.) Level II - Finding Of No Significant Impact (FONSI) • Document that briefly presents reasons why action has no significant impact • Must include and reference EA

11. NEPA Levels (cont.) • EA generally briefer than EIS • EA allowed only if agency has issued "Finding of No Significant Impact" (FONSI) • If more than one federal agency involved in project, multiple EAs may be required • E.g., project involving EPA and Agriculture Dept. requires EA specific to each agency prior to project's approval

12. NEPA Levels (cont.) Level III – Environmental Impact Statement • To meet this requirement, EIS is prepared • Lead federal agency reviews, comments on EIS • EPA maintains national filing system for all EISs • Assures its own actions comply with NEPA • BIA required to do same function for BIA activities & programs within their jurisdiction • Tribal consultation required

13. NEPA Levels (cont.) • Requires EIS to include • Environmental impacts of proposed action • Unavoidable adverse environmental impacts • Alternatives including no action • Relationship between short term uses of environment and maintenance of long-term ecological productivity • Secondary/cumulative effects of implementing proposed action

14. Where do the tribes fit in? • Executive Order 13175 (2000) • Consultation & Coordination with Indian tribal governments • BIA responsible for NEPA compliance of their activities & programs • http://www.nepa.gov/nepa/tribes.htm

15. Cultural Resources • Not defined in NEPA (or any other federal law) • BUT, does require that agencies consider “human environment” • Includes natural and physical environment and relationship of people with that environment (40 CFR 1508.14)

16. Environment and Culture • We relate to our environment through our culture • A thorough analysis should systematically address “human” aspects of the environment • Social • Cultural • Natural • Relationships between these

17. Analyzing Cultural Impacts How are they analyzed? • Cultural resource • Cultural use of biophysical environment • Cultural institutions • Intangible sociocultural attributes • Social impact • Social cohesion • Social institutions • Lifeways/ religious practices

18. Applying NEPA Tribally • If you have concerns, communicate! • Ask questions, be specific • Request to be notified about developments (get on their radar) • Make comments • Communicate some more

19. Applying NEPA Tribally (cont.) • During tribal planning and programming, consider NEPA principles in analysis • Land use • Economic performance • Natural resources (air, water, biological) • Community quality of life • Cultural resources

20. Conclusions • NEPA sought to put environmental concerns on par with • Economic motivations • Technological feasibility • When making a decision that could affect environment • Hydrological/geological, biological/ecological, social and health are among consequences considered • More recently, archeological, historical, cultural impact analyses added

21. Conclusions (cont.) • NEPA established Council on Environmental Quality (CEQ) to write regulations for EISs and advise executive branch on environmental issues • Regulations on NEPA documentation binding on all agencies • 40 CFR

22. NEPA • NEPA is a national policy • Purpose: to make environmentally sound decisions • Tribes should participate • Communication is the key • Sometimes you have to initiate

23. Questions?