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Environmental Compliance

Gain insights into navigating environmental compliance through NEPA, Corps of Engineer’s CWA permit, Section 106/NHPA compliance, tribal/Section 7 consultation. Learn about NEPA analysis, Corps of Engineers 404 Permit, Section 106-SHPO Consultation, Formal/Informal Section 7 Consultations, and regional permit criteria. Discover how collaboration and early NEPA processes enhance project success.

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Environmental Compliance

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  1. Environmental Compliance Negotiating our way through the process…

  2. Overview of Environmental Process for this Project • NEPA • Corps of Engineer’s CWA (404 permit) • Section 106 of the National Historic Preservation Act Compliance • Tribal Consultation • Section 7 Consultation • Other Criteria

  3. NEPA Analysis • Will this project have a significant impact on the Human environment? • Site specific Environmental Evaluations • Supplement existing State CREP Environmental Assessments

  4. Corps of Engineers 404 Permit • Expand Regional Permit 34 • Special conditions needed to comply with Regional Permit 34: • Section 106 of the National Historic Preservation Act Compliance • State Historic Preservation Officer (SHPO) Consultation • Tribal Consultation • Section 7 of the Endangered Species Act Compliance

  5. Section 106-SHPO Consultation • Consult with SHPO to determine if Historic Properties may be affected • FSA makes a finding of No Historic Properties Affected or Historic Properties Affected • If SHPO concurs with FSA No Historic Properties Affected; time frame is up to 30 days • If SHPO does not concur with FSA or if FSA determines there are historic properties that are likely to be affected, additional consultation is required - time frame at least 30 days, could be much more

  6. Section 106-Tribal Consultation -if the project is on Tribal lands • We must also consult with Tribes that attach religious and cultural significance to historic properties whether they are on or off tribal lands (i.e., ancestral or ceded lands) • may take much more then 30 days, if on Tribal lands (Tribal governments may not follow the 30 day time frame) • You also must consult with the SHPO at the same time with the typical time frameof 30 days+

  7. Section 7 Informal Consultation • Is threatened and/or endangered species and/or critical habitat present? • FSA requests or prepares list threatened and/or endangered in project area and sends to USFWS • USFWS either concurs with FSA list or supplies list to FSA - 30 day response time • USFWS determines: • No species and/or critical habitat present - end consultation • Yes, Options: • Further Consultation with FWS: • USFWS issues no effect determination -time frame unknown • FSA Prepares Biological Assessment • 180 days to prepare • FWS has 30 days to respond to assessment

  8. Section 7-Formal Consultation • FSA requests initiation of formal consultation • Once clock starts, FWS in consultation with FSA formulates a Biological Opinion and incidental take statement - 90 day time frame • FSA reviews draft biological opinion- comments and then FWS delivers final biological opinion and incidental take statement - 45 days

  9. Other Regional 34 Permit Criteria • Additional state specific environmental compliance criteria such as; specific design criteria or other State permits depending on type of project implemented and proximity to streams, etc. • State regulatory requirements can be done concurrently with the NEPA and consultation processes

  10. Success through collaboration • Lessons learned from Iowa • Develop MOUs, state level agreements, or other mechanisms to facilitate intra-agency cooperation • Start the NEPA process early to aid decision-makers • National impact through local actions

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