Welcome to Unit 4!!!

1. Welcome to Unit 4!!! It’s kind of a big deal.

2. What is NEPA? • National Environmental Policy Act: a federal law that establishes a national environmental policy and sets national environmental goals • Passed in 1969 • Signed into law on January 1, 1970 • Basic information (from readings): http://www.epa.gov/oecaerth/basics/nepa.html & http://www.npi.org/NEPA/whatis.html • Complete text of law: http://nepa.gov/nepa/regs/nepa/nepaeqia.htm

3. What does NEPA do? • Title I: environmental assessments/reviews by federal agencies • Federal agencies must incorporate environmental considerations in their planning and decision-making. • All federal agencies are to prepare detailed statements assessing the environmental impact of and alternatives to major federal actions significantly affecting the environment. These statements are commonly referred to as environmental impact statements (EISs). • NEPA requires review of the effects of all federal, federally assisted, and federally licensed actions, not just of those defined as "major" or as having "significant" impacts. The level of review given different kinds of projects varies with the likelihood of serious impact, however.

4. What does NEPA do (cont.)? • Title I (cont.) • The courts have consistently found that while NEPA does not elevate environmental protection over all other aspects of public policy, it does require a "hard look" at environmental impacts and at alternatives. NEPA does not require a particular result; it does not require that the best alternative from an environmental perspective be selected. • In general, and as expressed in different ways for different kinds of actions, the NEPA process entails: • determining what need must be addressed, • identifying alternative ways of meeting the need, • analyzing the environmental impacts of each alternative, and • armed with the results of this analysis, deciding which alternative to pursue and how.

5. What does NEPA do (cont.)? • Title II: establishes the Council on Environmental Quality (CEQ) • CEQ oversees NEPA. • Website: http://www.whitehouse.gov/administration/eop/ceq/ • About: http://www.whitehouse.gov/administration/eop/ceq/about/

6. The NEPA process: How does it work? • 3 levels of analysis • 1. Categorical Exclusion Determination • 2. Environmental Assessment/Finding of No Significant Impact (EA/FONSI) • 3. Environmental Impact Statement (EIS)

7. 1. Categorical Exclusions • A federal agency’s undertaking may be categorically excluded from a detailed environmental analysis if it meets certain criteria which a federal agency has previously determined as having no significant environmental impact.

8. 2. EA/FONSI • A federal agency prepares a written environmental assessment (EA) to determine whether or not a federal undertaking would significantly affect the environment.   • If the answer is no, the agency issues a finding of no significant impact (FONSI).   • If the answer is yes, an EIS is prepared. • EA described in Section 1508.9 of NEPA regulations.  Generally, an EA includes brief discussions of the following: the need for the proposal; alternatives (when there is an unresolved conflict concerning alternative uses of available resources); the environmental impacts of the proposed action and alternatives; and a listing of agencies and persons consulted.

9. 3. EIS • A more detailed evaluation of the proposed action and alternatives.  The public, other federal agencies and outside parties may provide input into the preparation of an EIS and then comment on the draft EIS when it is completed. • If a federal agency anticipates that an undertaking may significantly impact the environment, or if a project is environmentally controversial, a federal agency may choose to prepare an EIS without having to first prepare an EA. • After a final EIS is prepared and at the time of its decision, a federal agency will prepare a public record of its decision addressing how the findings of the EIS, including consideration of alternatives, were incorporated into the agency's decision-making process.

10. 4. EIS (cont.) • EIS described in Part 1502 of the regulations, should include discussions of the purpose of and need for the action, alternatives, the affected environment, the environmental consequences of the proposed action, lists of preparers, agencies, organizations and persons to whom the statement is sent, an index, and an appendix (if any).

11. Does NEPA apply to the EPA? • Yes!!! • Like other federal agencies, the EPA prepares and reviews NEPA documents. • Additional NEPA duties of the EPA: • Under Section 309 of the Clean Air Act, EPA is required to review and publicly comment on the environmental impacts of major federal actions including actions that are the subject of EISs.  If EPA determines that the action is environmentally unsatisfactory, it is required by Section 309 to refer the matter to CEQ. • Also, in accordance with a Memorandum of Agreement between EPA and CEQ, EPA carries out the operational duties associated with the administrative aspects of the EIS filing process.  The Office of Federal Activities in EPA has been designated the official recipient in EPA of all EISs prepared by federal agencies.

12. Does the public have a role? • Yes!!! • The public may provide input on what issues should be addressed in an EIS and may comment on the findings in an agency's NEPA documents.   • The public can participate in the NEPA process by attending NEPA-related hearings or public meetings and by submitting comments directly to the lead agency.   • The lead agency must take into consideration all comments received from the public and other parties on NEPA documents during the comment period.

13. Have a great Unit 4! • Discussion Board • Quiz • Complete the StrengthsQuest Strengths Finder (due by end of Unit 4). • Written assignment (due at end of Unit 5) • Nail down topic for Final Project.