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NEPA & CEQ. Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation. NEPA & CEQ. National Environmental Policy Act of 1969 (NEPA) Council on Environmental Quality (CEQ) 40 CFR Part 1500 to Part 1508
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NEPA & CEQ Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
NEPA & CEQ • National Environmental Policy Act of 1969 (NEPA) • Council on Environmental Quality (CEQ) • 40 CFR Part 1500 to Part 1508 • Federal Highway Administration & Federal Transit Administration (FHWA & FTA) • 23 CFR 771 Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
How Federal Agencies Operate The Law United States Code (USC) Code of Federal Regulations (CFR) Policy & Guidance 0 Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
NEPA Section 101 Congress, recognizing the profound impact of mans activity and the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man declares that it is the continuing policy of the federal government to use all practical means and measure in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic and other requirements of present and future generations of Americans. Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
NEPA Section 102 • All policies, regulations and laws of the Federal Government be interpreted and administered in accordance with NEPA • Federal agencies required to use an interdisciplinary approach in the planning and decision-making that impacts man’s environment • Requires preparation of an Environmental Impact Statement (EIS) on all major federal actions that significantly affect the human environment. NEPA Amended in 1975 to Allow States to Prepare EISs Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
NEPA What the Law Provides • Examination of alternatives to proposed action • Basis for Cooperating Agency Concept • Public and Agency Coordination What it Did • Set national environmental policy • Basis for EIS • Created CEQ Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
CEQ Basic Functions • Develop Environmental Policies • Monitor Environmental Quality • Environmental Quality Report • Monitor Federal Actions Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
CEQ Part 1500 - Purpose, Policy and Mandate • Information prior to decisions • Better decisions, notbetter documents • Concentrate on true significant issues • Encourage public involvement in decisions Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
CEQ Part 1501 – NEPA and Agency Planning • Integrate NEPA into early planning • Systematic, interdisciplinary approach • Cooperating agencies • Scoping Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
CEQ Part 1502 – Environmental Impact Statement • Major federal actions • Recommended format • Circulation requirements Is it Reader Friendly? Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
CEQ Part 1503 – Commenting • Inviting comments • Specificity of comments • Response to comments Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
CEQ Part 1504 – Predecision Referrals to the Council of Proposed Federal Actions Determined to be Environmentally Unsatisfactory • Possible violation of standards or policies • Severity • Geographical scope • Duration • Importance as precedents • Availability of environmentally preferable alternatives Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
CEQ Part 1505 – NEPA and Agency Decision Making: • Adopt agency procedures • Record of Decision (ROD) • Agency Monitoring Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
CEQ Part 1506 – Other Requirements of NEPA • Limitations on actions during the NEPA process • Agency adoption of documents • Filing requirements Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
CEQ Part 1507 – Agency Compliance • All Federal Government Agencies • Agency procedures Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
CEQ Part 1508 – Terminology and Index • Definition of Terms Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation