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HomeMy WebLinkAbout2011/07/19 Item 08 Attachment A Appendix_Y_NEPA National Environmental Policy ActPage 1of 3 National Environmental Policy Act The National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321- 4375, provides a significant opportunity to affect U.S. Government Preservation Books decision making that could harm the environment ? including both natural and physical resources such as sacred, cultural and Layperson's historic sites. Guide to A federal agency may not proceed with a proposed action until it performs an environmental review that includes meaningful consideration of alternatives to the proposed action that would avoid or have a less harmful impact. Preservation Law: Federal, State and Local Laws As with Section 106 of the National Historic Preservation Act, NEPA Governing Historic is a procedural statute and therefore does not require a specific result Resources in every case. Rather, NEPA simply insists that federal agencies take First published in 1997, this a "hard look" at the environmental impact of its actions through its booklet provides a concise and decision-making process. This means that a federal agency must comprehensible guide to prepare a "detailed statement" on "every recommendation or report federal, state and local laws on proposals for legislation and other major federal actions governing historic resource significantly affecting the quality of the human environment." Each protection. The 2008 edition statement ? known as an Environmental Impact Statement (EIS) ? includes updated information must set forth a baseline assessment of the environment and on transportation issues, address: eminent domain, easements, the American's with Disabilities The environmental impact of the proposed Act, and the regulation of action, including direct, indirect and cumulative historic religious properties. impacts; Any adverse environmental effects which cannot be avoided should the proposal be implemented; Alternatives to the proposed action (the "heart" of NEPA); The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; and http://www.preservationnation.org/resources/legal-resources/understanding-preservation-l...04/07/2011 National Environmental Policy ActPage 2of 3 Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. Federal agencies cannot consider the impact of their actions in a vacuum. Rather, an agency must obtain and consider the comments of other federal agencies with jurisdiction over the action at issue, state and local governments. A federal agency must also provide public notice, meetings and hearings, as well as make its Environmental Impact Statements, comments, underlying documents, and so forth available to the public for review. Consultation must occur early in the process to ensure meaningful input and informed decision making. Federal agencies initiate their NEPA responsibilities by preparing an Environmental Assessment (EA) to determine whether preparation of an EIS is necessary. An EA is a "concise public document" that serves to: Briefly provide sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact; Aid an agency's compliance with the Act when no environmental impact statement is necessary; and Facilitate preparation of a statement when one is necessary. Medium-sized image unavailable for this photo. If a The Bureau of Land Management is currently working through the NEPA process to prepared a resource management plan for Canyons of the Ancients. federal agency decides, after preparation of its EA, that the proposed action will not "significantly affect the quality of the human environment," then the agency will issue a Finding of No Significant Impact (FONSI), thereby terminating the NEPA process. Critical to the agency's analysis is whether its proposed action will have a significant affect on historic or cultural resources. At issue may be the degree and manner in which a proposed action affects historic or cultural sites that are listed or eligible for listing on the National Register of Historic Places. Will the impact be direct (such as the construction of a highway through a historic site) or indirect (such as the construction of a highway near a historic site), and do the impacts, although individually "insignificant," rise to the level of a "significant impact" when considered together? Potentially minor impacts, such as visual intrusions, increased noise levels and pollution, may be identified as a significant affect (or "cumulative impact") when viewed collectively. If the federal agency decides that its actions could affect the environment, then it will either decide to change the project to mitigate the impacts and issue a FONSI, orinitiate preparation of a full blown EIS. The EIS is a lengthy and detailed document that explains the impact of an agency's proposed action on the environment and the alternatives considered to avoid those impacts. Typically, preparation of an EIS begins with the publication of a "notice of intent" in the Federal Register, followed by "scoping" to identify the environmental impacts to address and the range of alternatives to consider. Next, a Draft EIS (DEIS) is prepared that describes the proposed http://www.preservationnation.org/resources/legal-resources/understanding-preservation-l...04/07/2011 National Environmental Policy ActPage 3of 3 action and discusses why it is necessary; explains how that action would impact the environment (including historic properties); and identifies and discusses alternatives to the proposed action. Following an agency review and public comment period, the draft is revised in response to the comments submitted. The final document, referred to as the Final EIS (FEIS), is issued along with a Record of Decision (ROD). The ROD serves as notice to the public that the FEIS has been prepared. Typically, it includes a brief statement of the agency's decision; discussion on alternativesconsidered in the EIS and the alternative which would have the least harmful impact; factors weighed by the agency in making its decision; and measures adopted to mitigate or minimize the environmental impacts of the alternative selected. Section 102 of the National Environmental Policy Act (PDF) 1785 Massachusetts Ave. NW, Washington, DC 20036-2117 tel: 202.588.6000 800.944.6847 fax: 202.588.6038 © 2011 National Trust for Historic Preservation. All rights reserved. Protecting the Irreplaceable nonprofit software http://www.preservationnation.org/resources/legal-resources/understanding-preservation-l...04/07/2011