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The Role of NEPA

The Role of NEPA. Leasing and Mineral Rights Sales Subject to Environmental Use and Planning Provisions The National Environmetal Policy Act of 1969 requires all Federal Actions to be screened for their environmental impact

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The Role of NEPA

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  1. The Role of NEPA • Leasing and Mineral Rights Sales Subject to Environmental Use and Planning Provisions • The National Environmetal Policy Act of 1969 requires all Federal Actions to be screened for their environmental impact • Actions first pass through Environmental Assessment - screen for major impacts • At End of EA agency can render FOSI (Finding of No Significant Impact) or call for • Full Environmental Impact Study (EIS)

  2. Operation of NEPA • Environmental Assessment and Impact Statements required for lease sales plans and granting of mining permits - Virtually impossible to operate any mine on Federal Ground without passing through • Involve experts in all resources to identify impacts • Must state and propose mitigation that will be required • Must identify alternative to action including no action.

  3. Public Rights • Law Requires Public Hearings and Comments on Proposed Federal Actions • Law also authorizes citizen law suites if Federal Agency does not perform its job • Reason that Public Relations and Community Involvement important to mine planning • Also means for environmental groups to hang forever in court

  4. Financing NEPA • NEPA requires agencies to conduct study and assessment - but provides no budget or resources for conduct of work • Result is that agencies simply never take action to issue permits • Mining Companies privately finance the studies and submit reports to agencies - often pay for people in agency to read and then claim report as their own.

  5. Title II NEPA • Second provision of NEPA was to create Council on Environmental Quality within Presidents Office • Council Evolved into Environmental Protection Agency

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