Nepa Statutory Equivalent Exception

Federal agency would have prepared pursuant to NEPA. EIS should state if materials from environmental review required before temporary or permanent shutdown if customer base becomes insufficient. NPS NEPA Handbookpotential issues early on and may save you time later. Federal agencies to file EISs with EPA no earlier than the EIS is distributed to the public. The Nebraska and Puerto Rico DOTs are also considering applying, according to officials in those states. This avoids the constitutional issue. For reasons explained in the respective areas of this preamble and further summarized in the RIA Appendix, CEQ disagrees that changes relating to CEs, analysis of alternatives, public participation, and agency responsibilities will have environmental impacts, let alone potentially significant ones. Identify culturally affiliated Tribes or groups, consult with them, seek to develop plans of action, report in NEPA documents and implement as mitigation. The question of whether NEPA applies to a statutorily required action hinges largely on the level of decisionmaking discretion retained by the NPS in carrying out the action. FHWA Has Assigned Six States NEPA Authority, and Two States Reported Time Savings, but FHWA Has Not Provided Guidance on Measuring Effects FHWA Has Assigned Six States NEPA Authority, and Additional States Are Interested Page GAOHighway and Transit Project Deliveryenvironmental reviews.

Federal or State permits? FHWA funds highway projects through formula grants to state DOTs, provides technical expertise to state DOTs, and conducts oversight of highway projects through its division offices in each state. Their comments and those of many others provided valuable input into the handbook. These reviews must be made available to the President, the Council, and the public. Unless otherwise provided by law, Federal agencies shall assume the financialcosts of complying with this order. Geological Survey is the recognized expert on ground and surface waters, the FWS on fish and wildlife resources, and the NPS on park, recreation, and cultural resources. Actions do not include funding assistance solely in the form of general revenue sharing funds with no Federal agency control over the subsequent use of such funds. Memoranda to Heads of Agencies. However, all coordinationmeasures should be tried at the lower organizational levels prior toelevating an issue.

Inleast indicate those considerations, including factors not related to environmental quality, which are likely Sec. Bureaus should consider whether a determination that an activity is covered by a CE should be documented. In some cases, such interactions can be useful in determiningwhether to move forward with a proposal. Consult with Indian Tribes during NEPA analysis to identify possible impacts. However, these dates do not necessarily reflect the time it take to prepare NEPA documentation for a given project. The text of the EA need only include a brief synopsis of such incorporated information. Indirect effects may include growth inducing effects and other Effects and impacts as used in these regulations are synonymous.

Not later eight months after publication these regulations an agency, whichever shall come later, agency shall supplement these regulations. Where appropriate, the lead agency should seek the cooperation of state or local agencies of similar qualifications. Such comments will be coordinatedand consistent with Service comments on the environmental documentor other project reviews associated with the proposed rule. Truckee Meadows water rights are estimated to be approximately three times the cost of Truckee Division water rights. NEPA and other environmental laws and policies. Howerton, Environmental Protection Specialist, Bureau of Indian Affairs, Northwest Regional Office. Property Disposal Business Line Operational GSA business line responsible for disposing of excess real and personal property for GSA and other Federal agencies.

EIS is so inadequate that it precludes meaningful analysis. CEs, EAs, and EISs are all specific NEPA pathways. DECISION FILEThe decision file consists of the collection of documents that, taken together, detail and support the NEPA review and decisionmaking process. Plaintiffs contended that cessation of water withdrawals by the City is necessary to preserve Tumalo Falls, whereas the City argued that the project would enhance Tumalo Creek. Communicate with each other within an agreed upon timeframe if a Party is unable to meet the schedule. Service participation in scoping should be coordinated with theappropriate State agencies with regard to the conservation of fishand wildlife resources of mutual interest. EIS is to becompleted, is to be interpreted as the stage prior to the first point of majorauthorization stage for proposals requiring Congressional authorization, thelocation or corridor stage for transportation, transmission, and communicationprojects, and the leasing stage for mineral resources proposals.

The BIA is in a unique position with respect to Indian trust lands, which includetribal and allotted lands. To avoid undue length, the EA may incorporate by reference background data tosupport its concise discussion of the proposal and relevant issues. Because of the unique government to government relationship and the sovereignty of tribes, the BIA should involve tribal governments and relevant tribal programs in the development and review of EAs, especiallywhen NEPA actions affect lands within reservation boundaries. What will a Trump Presidency mean for environmental law? NEPA relates to the NPS mission, the circumstances that trigger the need to comply with NEPA, the basic characteristics of a NEPA review, and the methods for documenting compliance with NEPA. As discussed above, under the final rule, agencies will consider predictable trends in the area in the baseline analysis of the affected environment.

Public Lands in public hands, professionally and sustainably managed for responsible use and enjoyment by American citizens. Sea level rise, altered agricultural growing seasons, drought and water management, and other issues will increase in prominence for this next generation. NEPA and environmental impactstatement procedures have notoriously raised an abundance of litigation issues. For each of the provisions included on the survey, we included references to legal citations in order to minimize confusion among provisions or versions of provisions. Rather, responses to comments and text changes are made in errata.

Conservationstrategies not discussed earlier couldalso be developed. Accordingly, the Council strongly discouragesprocedures that would require the preparation of additional paperwork to documentthat an activity has been categorically excluded. Often, mitigation consists of best management practices designed to minimize impacts that are included as elements common to all alternatives. You are encouraged to consult with your REC if you have questions about any particular requirements or instructions. Unique characteristics of the geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. The agencies were directed to take necessary actions to the extent permitted by law and regulation. States, Tribes, and local governments and other public commenters. Therefore, CEQ makes these changes to clarify that agencies have discretion to structure their NEPA processes in accordance with the rule of reason.

EA or EIS, to distinguish it from theproposed action and other alternatives. EIS process and submit the proposal, and the potential mitigation, for public and agency review and comment. State, Tribal, and local agencies to reduce duplication between NEPA and State, Tribal, and local requirements, including through use of studies, analysis, and decisions developed by State, Tribal, or local agencies. The Minor Impacts to Protected Public Landprovision now allows a state DOT to complete transportation projects that have a minimal environmental effect on historic sites and parklands more quickly because the state DOT can bypass the environmental assessment process. NEPA applies to a proposed activity or whether NEPA is satisfied through another mechanism. Discussthe consequences of each alternative on acomponent of the environment before moving on to thenext component. Related Guidance should we be Aware of? Requirements for documenting the proposed action and alternatives in an EA continue to be more limited than EIS requirements.

As required by the order, an Interagency Transportation Infrastructure Streamlining Task Force, chaired by the Secretary of Transportation, is to monitor work on expedited projects, review the list of suggested projects, and identify and promote policies that aid in streamlining. Waste disposal and contracts for waste disposal in established permitted landfills and facilities. In short, the New Green Deal needs New Green Laws. Related to the requested changes to regulatory setting of pages or time limits, the Organizations request that the Senior Agency Official not be designated in a regulatory requirement. Perhaps there better demonstration than the that there longer is a truly as has the Natural Act, and No. Comments, either positive or negative, shall be objective andconstructive.

We shall consider anycomments received in writing or verbally from any public scoping meetings for the EA in thepreparation of the draft EIS. The reasonable alternative mitigation measures and monitoring programs should have beenaddressed in the draft and final EIS. NEPA and related authorities. The Steps in NEPA Documentation. Developing concise and focused EAs with adequate alternatives and mitigation. But see City of Irving, Tex.

Any agency with special expertise may become a cooperating agency upon the request of a lead agency. Here are some that in my view deserves a close and searching look. Early coordination includes establishment of MOUs with states or local planning agencies. The statements Rockland Utilities, filed Dec. Ecological perspective: Linking ecology, GIS, and remote sensing to ecosystem management. Cannot or will not proceed unless other actions are taken previously or simultaneously. Geographically, including actions occurring in the same general location, such as body of water, region, or metropolitan area.

The agency shall independently evaluate the information submitted and shall be responsible for its accuracy. For more information on cumulative impact analysis, see CEQ guidance: Considering Cumulative Effects under the National Environmental Policy Act. GSA RO Regional Office ROD Record of Decision. Program, including in pricingfuture leases, allocatingnew leases, and issuingguidance and manuals. They are officially circulated to other Federalagencies for Review from their Jurisdiction by law or specialenvironmental expertise. ROD that the agency has considered all of the alternatives, information, and analyses submitted by public commenters based on the summary in the EIS.

Cumulative Effects: Formerly Sec. Acceptance of Travel Reimbursement. Environmental impact statements shall not be encyclopedic. Newlands Project demand could increase lower Truckee River flow, depending on hydrologic conditions Overall, groundwater levels would likely decline throughout the Truckee Division in the Cumulative Case, and domestic wells would need serve as a water source for affected residences. The use of NEPA as an umbrella statute blurs the distinction between the time to complete the NEPA process and the time it takes to address other environmental requirements. NEPA and ESA requirements. EIS has more requirements than the statute requires. The USDA Forest Service and DOI BLM currently account for the largest volume of workload within the NEPA arena.

Requiring that relevant environmental documents, comments, and responses accompany the proposal through existing agency review processes so that decision makers use the statement in making decisions. However, the Bretains sole responsibility and discretion in all NEPA compliance matters. For example, differences in how a particular question is interpreted or the sources of information available to respondents can introduce errors into the survey results. American history, architecture, archeology, and culture. Format for Comments on Draft and Final EISs. This CE should be used for activities that are not covered under the CE for dayday resource management. Disclosure Statement to Avoiof a consulting firm, the firm must execute a disclosure statement. Under the CEQ regulations, major Federal actions may include regulations. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property.

DATA TO THE PEOPLE! DECRM will also notify the eight bureaus and services within DOIat the Central Office leveland advise them of the availability of the DEISon the web site. It may be appropriate to simply reference material when it provides additional information for the reader, but is notessential to the analysis. Whenmultiple agencies are involved the reference to agency below means lead agency. The Executive Order requires agencies to work to ensure effective public participation and access to information. Refer to the referenced CEQ NEPA regulations for guidanceon techniques and procedures for public participation in the NEPA process. We provided a draft of this report to DOT for review and comment. DOT to adopt a draft EIS, environmental assessment, or final EIS of another operating administration without recirculating the document for public review if the proposed action is substantially the same as the project considered in the document to be adopted.

An agency preparing a final environmental impact statement shall consider substantive comments timely submitted during the public comment period. Quhave statutorily delegated responsibility for preparation of environmental documents required by NEPA, for example, under the HUD Block Grant program? The reasonable alternative mitigation measures and monitoring programs should have been addressed in the draft and final EIS. NEPA procedures to the requirements in these regulations unless otherwise required by law or for agency efficiency. Comments should not contain extraneous informationor excessive quotes from the document, have unnecessarydescriptions of the proposed action, or give detailed descriptions ofthe affected environment, or offer unsupported conclusions. If a document amends only certain sections within a CFR part, the authority citation for the part will set out as the first numbered item in the list of amendments for the part. We are not responsible for the legality or accuracy of information on this site, the policies, or for any costs incurred while using this site. If public requests for publiccomments on our documents pose unusual circumstances that may outweigh the balance of theprivacy interest vs.

ACKNOWLEDGEMENTS Many people contributed to this handbook. The preferred alternative need not, however, reflect a consensus or majority opinion of the project team. Neumayr, Chairman, Council on Environmental Quality, to the Hon. We should recommend further consideration of alternatives not discussed in the statement, and we should do this as early as possible in the process in order to be effective. CEQ proposes to make amendments to simplify the definition of effects by consolidating the definition into a single paragraph and striking the specific references to direct, indirect, and cumulative effects. The date by which comments must be received. The analysisin an EA need not go beyond that needed to determine whether impacts will or may be significant. Projects includeactions approved by permit or other regulatorydecision as well as federal and federallyassisted activities. The assessment shall be submitted electronically to the ASM through the EPM for review and approval.

The regulations also recognize that certain inconsistencies may exist between the proposedfederal action and any approved state or local plan or law. Another states scoping process associated EIS. Drafting does not by itself constituteinclude requests for ratification of treaties. Nuclear plants also release heated water but they release radioactive materials to the air instead of greenhouse gases. This does not mean that an EIS must be prepared for every action the NPS takes. US steel and a share in any profits. If a draft statement is soinadequate as to preclude meaningful analysis, the agency shall prepare and circulate arevised draft of the appropriate portion. REVIEW OF NEPA AND THE NEPA PROCESS: GENETIC ENGINEERING. NPS is to be a joint lead with FHWA for EISs prepared for Federal Lands Highway Program for Park Roads and Parkways projects. These documents can address a group of different actionsoccurring in the same place, or a single action occurring in many different places.

Federal projects with minimal Federal funding or minimal Federal involvement where the agency cannot control the outcome of the project. It implies that everyone is fallible, and that times change, so that effects that are not recognized as serious today may be so identified in the future. But agencies must respond to comments, however brief, which are specific in their criticism of agency methodology. NEPA review where applicable. Anyrequests by other tribes to participate as a cooperating agency with respect to the preparation of aparticular EA or EIS must also be consideredand either accepted or denied. Accordingly, NEPA cases proceed as APA cases.

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