Planning
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Planning: The National Environmental Policy Act (NEPA)
What is the National Environmental Policy Act?
The National Environmental Policy Act (NEPA) was enacted into law in 1969. NEPA’s purpose is not to generate paperwork, but to foster excellent action. The NEPA process is intended to help public officials make decisions that are based on understanding of environmental consequences, and take actions that protect, restore, and enhance the environment. Among other things, NEPA requires all Federal agencies to:
- Assess the environmental impacts of major Federal projects - decisions such as issuing permits, spending Federal money, or actions taken on Federal lands;
- Consider the environmental impacts in making decisions; and
- Disclose the environmental impacts to the public.
Several States have also enacted “little NEPAs” or State Environmental Quality Acts that have somewhat similar requirements for State-proposed or funded projects.
How does NEPA affect my byway?
Federal NEPA requirements will generally need to be followed if you are proposing a byway project on Federal land, or that will use Federal money. A project may be as small as placement of a sign (usually a simple NEPA analysis called a Categorical Exclusion) or as complicated as constructing a visitor center (which may require an Environmental Impact Statement). Similarly, if your project is within a State that has “little NEPA” laws, you may be required to follow State regulations even if the project does not involve Federal lands.
NEPA can help make better decisions. By carefully examining a proposal and its environmental effects along with alternative ways of accomplishing your project, you may find a more effective, less cost, or less impactive way of accomplishing your objectives.
NEPA can impact your project’s timeline and its readiness. The more complex and/or controversial the project, the longer NEPA may take to complete. For a simple project requiring only a Categorical Exclusion, the analysis and documentation can often be done in a few days. A more complex project requiring an Environmental Assessment may take several months to complete the analysis. The documentation for a project requiring an Environmental Impact Statement may take up to one year.
NEPA can affect your project’s costs. In many cases, if a project is proposed on Federal lands and if the agency supports the project and has funds available, the agency may take on the costs of completing the NEPA analysis. However, most agencies have procedures for charging an outside proponent for the required NEPA, or to expedite a project not on the agency’s priority list. So it is important to meet and partner with any affected Federal agencies in the early planning stages of your project.
What are the different kinds of NEPA Documents?
Federal agencies use three types of documents and environmental reviews to address NEPA requirements. Because State level (little NEPA) requirements vary by State, they are not listed here.
A Categorical Exclusion (CE) is normally done for small, routine projects where the agency has a record that demonstrates that this type of project normally does not result in significant environmental effects, either when considered by itself or along with other related actions. Each agency, based on its experience, develops a list of actions that meet the above requirements. Examples may include projects such as: making minor facility renovations or reconstruction of hiking trails on public lands. If a proposed project is not within the list developed by the agency, or if there are extra-ordinary circumstances (such as threatened or endangered species habitat within the project area), then the agency should prepare either an Environmental Assessment or Environmental Impact Statement.
An Environmental Assessment (EA) is prepared for proposed actions when the agency needs to study the issues and effects of the project before determining whether an Environmental Impact Statement (EIS) is necessary. The EA determines the significance of the environmental effects of a project and looks at alternative ways to achieve the agency’s objectives. An EA includes brief discussions of why the proposal is needed, alternative ways of accomplish the project, environmental impacts of the proposal and its alternatives, and a list of agencies and people consulted. The EA process concludes with either a Finding of No Significant Impact (FONSI) or a determination to proceed with an EIS. A FONSI presents the reasons why the agency concluded there are no significant environmental impacts projected to occur when the project is implemented.
An Environmental Impact Statement (EIS) is prepared for proposed actions with the potential for significant impacts. A Federal agency must prepare an EIS if it is proposing a major Federal action significantly affecting the quality of the human environment. The requirements for an EIS are much more detailed than for an EA or a CE. The EIS process includes substantial opportunities for involving the public and other agencies, publication of notices in the Federal Register, a detailed analysis of the proposal and alternatives, publication of a Draft EIS (available for public comment), and Final EIS. These documents can run from 50 pages up to several hundred pages along with appendices. Finally, a Record of Decision of Decision (ROD) is published to state the decision, identify the alternatives considered, identify the environmentally preferable alternative, and discuss any mitigation, monitoring and enforcement measures. The ROD is also where the agency lays out its reasoning for its decision.
Where do I go for more information?
The first place you should check is with your local Federal or State agency representative. They will be able to give you more information about the Federal or State NEPA procedures that they follow. The following links provide more detailed information about Federal NEPA processes for various agencies:
The Council on Environmental Quality website: http://www.whitehouse.gov/administration/eop/ceq/. Look for the Citizen’s Guide to the NEPA document.
Links to Agency NEPA policies and regulations:
U.S. Fish & Wildlife Service - http://www.fws.gov/habitatconservation/nepa.html
National Park Service - http://www.nature.nps.gov/air/Regs/nepa.cfm
Bureau of Land Management - http://www.blm.gov/wo/st/en/info/nepa.html
US Forest Service - http://www.fs.fed.us/emc/nepa/nepa_procedures/index.htm
List of States that have NEPA-like environmental planning requirements and links to their websites:
http://ceq.hss.doe.gov/nepa/regs/states/states.cfm
