1 overview of national environmental policy act (nepa) objective: clarify the roles of nepa and...

11

Overview of National Overview of National Environmental Policy Act Environmental Policy Act

(NEPA)(NEPA)

Objective:Objective: Clarify the roles of NEPA Clarify the roles of NEPA

and Negotiated Rulemakingand Negotiated Rulemaking

22

NEPANEPA

Was passed in 1969Was passed in 1969

Is called “the foundation of Is called “the foundation of modern American modern American environmental protection” environmental protection”

(CEQ 1997)(CEQ 1997)

33

NEPA is:NEPA is: Called compliance by Called compliance by

some because it is a legal some because it is a legal requirement for federal requirement for federal agenciesagencies

It is much more accurately It is much more accurately described as a required described as a required environmental planning environmental planning processprocess

44

Set environmental Set environmental policy goalspolicy goals

Imposed analysis and Imposed analysis and public review public review requirements on requirements on federal decision makersfederal decision makers

Created the Council on Created the Council on Environmental Quality Environmental Quality or CEQor CEQ

NEPA

55

NEPA’s PurposeNEPA’s Purpose (Sec. 2 of the law)(Sec. 2 of the law)

““To declare aTo declare a national national policypolicy which will which will encourage productive encourage productive and enjoyable harmony and enjoyable harmony between man and his between man and his environment;…environment;…

66

NEPA’s purpose NEPA’s purpose cont’dcont’d

to promote efforts to promote efforts which will which will prevent or prevent or eliminate damage to eliminate damage to the environment the environment and biosphereand biosphere and and stimulate the stimulate the health health and welfareand welfare of man; of man;……


to promote efforts to promote efforts which will which will prevent or prevent or eliminate damage to eliminate damage to the environment the environment and biosphereand biosphere and and stimulate the stimulate the health health and welfareand welfare of man; of man;……


to promote efforts to promote efforts which willwhich will prevent or prevent or eliminate damage to eliminate damage to the environment the environment and biosphereand biosphere and and stimulate thestimulate the health health and welfareand welfare of man;of man;……

77

NEPA’s purpose NEPA’s purpose contcont..

toto enrich the enrich the understanding of the understanding of the ecological systems ecological systems and natural and natural resourcesresources.”.”

88

Actions requiring Actions requiring NEPA environmental NEPA environmental

planning:planning: Any federal actionAny federal action or or

federal decision being federal decision being considered that would, if considered that would, if implemented, implemented, have an have an impact on the human impact on the human environmentenvironment

Projects, plans, grants, Projects, plans, grants, official policy, permits, official policy, permits, rulemakingrulemaking may trigger may trigger the need for NEPA reviewthe need for NEPA review

99

Umbrella statuteUmbrella statute Whereas other environmental laws Whereas other environmental laws

regulate a “piece” of the regulate a “piece” of the environment– threatened or environment– threatened or endangered species, cultural endangered species, cultural resources eligible for National resources eligible for National Register listing, floodplains or Register listing, floodplains or wetlands, etc.,wetlands, etc., NEPA applies to NEPA applies to the entire “human the entire “human environment”environment”

1010

Human environmentHuman environment

“…“…shall be interpreted shall be interpreted comprehensively to comprehensively to include theinclude the natural natural and physical and physical environment and the environment and the relationship of relationship of people with that people with that environment.”environment.”

1111

Key Elements of the Key Elements of the NEPA planning NEPA planning

processprocess Look at all reasonable Look at all reasonable

alternatives, including alternatives, including No ActionNo Action

Clearly differentiate Clearly differentiate between alternativesbetween alternatives

Analyze impacts using Analyze impacts using reliable scientific data reliable scientific data and a problem solving and a problem solving approachapproach

1212

Elements of the Elements of the NEPA planning NEPA planning

processprocess

Include the big picture- Include the big picture- cumulative, cumulative, connected, indirectconnected, indirect actions and impactsactions and impacts

Write all this up in Write all this up in lay lay language for public language for public reviewreview and incorporate and incorporate public commentspublic comments

1313

NEPA and Reg-NegNEPA and Reg-Neg

What’s the difference?What’s the difference?

1414

NEPA NEPA

Required by Required by lawlaw

Analyzes the Analyzes the impacts of a impacts of a range of range of reasonable reasonable alternativesalternatives

Uses the Uses the analysis in analysis in decision -decision -makingmaking

Negotiated Negotiated Rulemaking Rulemaking (Reg-Neg)(Reg-Neg)

VoluntaryVoluntary

Supplements Supplements notice-and-notice-and-comment comment procedures of procedures of rulemaking with rulemaking with a negotiation a negotiation process before process before an agency an agency issues a issues a proposed proposed regulationregulation

1515

NEPA NEPA

Involves the Involves the interested interested and affected and affected public before public before any decision any decision affecting the affecting the environment environment is madeis made

Reg-NegReg-Neg

Uses a Uses a negotiated negotiated rulemaking rulemaking committee of committee of appointed appointed stakeholders stakeholders

1616

Golden Gate National Golden Gate National Recreation Area Dog Recreation Area Dog

Management Management Plan/Environmental Plan/Environmental Impact StatementImpact Statement

1717

Why is a Why is a Management Plan Management Plan

Needed?Needed?Recent court decisionsRecent court decisionsPark concerns about Park concerns about

visitor conflictsvisitor conflictsVisitor and staff safetyVisitor and staff safety Increased Park Increased Park

awareness of resource awareness of resource management issues management issues

1818

Purpose of the Purpose of the Plan/EISPlan/EIS

Develop a range of Develop a range of reasonable alternatives reasonable alternatives that will provide clear, that will provide clear, enforceable guidelines enforceable guidelines to determine the to determine the manner and extent of manner and extent of dogwalking in dogwalking in appropriate areas of the appropriate areas of the park.park.

1919

Plan ObjectivesPlan Objectives

Provide for a variety of safe, Provide for a variety of safe, high quality visitor high quality visitor experiences, including areas experiences, including areas where dogwalking is allowed.where dogwalking is allowed.

Protect native species and Protect native species and habitat, including any habitat, including any threatened, endangered, threatened, endangered, unique, or rare species from unique, or rare species from impacts associated with impacts associated with dogwalking.dogwalking.

Minimize degradation of soil Minimize degradation of soil and water resources from and water resources from dogwalking.dogwalking.

2020

Plan Objectives, Plan Objectives, cont…cont…

Ensure a safe and healthy Ensure a safe and healthy working environment for working environment for park staff.park staff.

Be clear, easy to Be clear, easy to understand, and include understand, and include educational components.educational components.

Be enforceable.Be enforceable.

Be adaptable to changing Be adaptable to changing needs and research and needs and research and monitoring results.monitoring results.

2121

NEPA and Reg-NegNEPA and Reg-Neg

How do they interact?How do they interact?

2222

NEPA NEPA ProcessProcess

Internal Internal scoping – IDT scoping – IDT develops develops purpose, purpose, need, need, objectives, objectives, and and identifies identifies issuesissues

Reg-Neg Reg-Neg ProcessProcess

Neutral Neutral (convener) (convener) interviews interviews stakeholdersstakeholders

Neutral issues Neutral issues Assessment Assessment Report with Report with recommendatiorecommendation to proceed n to proceed with negotiated with negotiated rulemakingrulemaking

2323


Internal Internal scoping scoping continues to continues to collect data collect data and identify and identify data gapsdata gaps


NPS decides NPS decides to proceed to proceed with with negotiated negotiated rulemakingrulemaking

2424


NPS shares NPS shares internal internal scoping scoping information information with the with the public; public public; public scoping scoping period period begins begins


Reg-Neg Reg-Neg Committee Committee established and established and meetings beginmeetings begin

Reg-Neg Reg-Neg Committee Committee reviews internal reviews internal scoping scoping informationinformation

2525


Public scopingPublic scoping

----obtains obtains public input public input on purpose, on purpose, need, need, objectives, objectives, issues and issues and preliminary preliminary alternatives alternatives for the planfor the plan


Reg-Neg Reg-Neg Committee Committee members members may attend may attend public public scoping scoping meetingsmeetings

2626


NEPA NEPA contractor contractor prepares prepares analysis of analysis of public public scoping scoping comments; comments; NPS reviewsNPS reviews


Reg-Neg Reg-Neg Committee Committee reviews reviews public public scoping scoping informationinformation

2727

NEPA ProcessNEPA Process NEPA contractor, NEPA contractor,

NPS staff meet NPS staff meet with Reg-Neg with Reg-Neg Committee to Committee to discuss potential discuss potential range of range of alternatives for alternatives for the EISthe EIS

Information from Information from Reg-Neg meetings Reg-Neg meetings and public and public scoping scoping comments comments considered in considered in developing range developing range of reasonable of reasonable alternativesalternatives


Reg-Neg Reg-Neg Committee Committee continues continues meetingsmeetings

2828

NEPA ProcessNEPA Process

NPS staff and NPS staff and NEPA NEPA Contractor Contractor meet with Reg-meet with Reg-Neg Committee Neg Committee to discuss to discuss impact analysis impact analysis process, process, present agency present agency requirements requirements and discuss and discuss preliminary preliminary range of range of alternatives for alternatives for initial impact initial impact analysisanalysis


Committee Committee provides provides preliminary preliminary consensus on consensus on alternative(s) alternative(s) for impact for impact analysis to analysis to NPS NPS

2929


NEPA NEPA Contractor Contractor prepares prepares preliminary preliminary impact impact analysis of analysis of alternativesalternatives


Reg-Neg Reg-Neg Committee Committee reviews/reviews/

discusses discusses impact impact analysisanalysis

3030


NEPA NEPA Contractor Contractor prepares prepares internal Draft internal Draft EISEIS


Reg-Neg Reg-Neg Committee Committee prepares prepares preliminary preliminary draft draft consensus consensus for for proposed proposed rulerule

3131

NEPA ProcessNEPA Process NPS staff shares NPS staff shares

info from info from internal Draft internal Draft EIS with Reg-EIS with Reg-Neg CommitteeNeg Committee;;

NPS staff NPS staff reviews with reviews with Reg-Neg Reg-Neg Committee draft Committee draft consensus for consensus for proposed rule, proposed rule, identification of identification of NEPA preferred NEPA preferred alternative and alternative and environmentally environmentally preferred preferred alternativealternative


Reg-Neg Reg-Neg Committee Committee continues to continues to discuss discuss consensus for consensus for proposed rule, proposed rule, taking into taking into consideration consideration the internal the internal draft EIS draft EIS impact analysisimpact analysis

3232


NEPA NEPA Contractor Contractor finalizes draft finalizes draft EIS, with EIS, with preferred preferred alternative alternative (which should (which should represent the represent the Reg-Neg Reg-Neg Committee’s Committee’s consensus/consensus/

proposed proposed rule)rule)


Reg-Neg Reg-Neg Committee Committee finalizes finalizes consensus on consensus on proposed ruleproposed rule

3333


NPS and the NPS and the Department of Department of the Interior the Interior approve approve release of release of Draft EIS - no Draft EIS - no public public meetings until meetings until 30 days after 30 days after Notice of Notice of Availability Availability published in published in the Federal the Federal RegisterRegister


3434


Draft EIS out Draft EIS out for 60-day for 60-day public reviewpublic review

Obtain public Obtain public commentscomments


Proposed rule Proposed rule out for public out for public review at same review at same time as Draft time as Draft EISEIS

Reg-Neg Reg-Neg Committee (or Committee (or subcommittee) subcommittee) attends any attends any public public comment comment meetingsmeetings

3535


Public Public comment comment closes; closes; summary of summary of public public comments is comments is prepared prepared


Reg-Neg Reg-Neg Committee (or Committee (or subcommittee)subcommittee)meets with meets with NPS staff and NPS staff and NEPA NEPA contractor to contractor to discuss public discuss public comments and comments and any remaining any remaining issues to be issues to be resolved resolved

3636


Consider Consider comments comments


Reg-Neg Reg-Neg Committee Committee refines refines consensus on consensus on proposed rule proposed rule if neededif needed

3737


Final EIS is Final EIS is prepared, prepared, (alternative (alternative to be to be implemented implemented should should represent represent Reg-Neg Reg-Neg Committee Committee recommend-recommend-ation for final ation for final rule)rule)


Reg-Neg Reg-Neg Committee Committee negotiates negotiates consensus consensus agreement agreement on on recommend-recommend-ation for ation for final rulefinal rule

3838


NPS and the NPS and the Department Department of the Interior of the Interior approve approve publication of publication of Final EIS Final EIS

File Final EIS File Final EIS with EPA and with EPA and publish NOA. publish NOA. 30 day 30 day waiting waiting period begins period begins before Record before Record of Decision of Decision (ROD) can be (ROD) can be signedsigned


Reg-Neg Reg-Neg Committee Committee reviews Final reviews Final EISEIS

Reg-Neg Reg-Neg Committee Committee (or (or subcommittesubcommittee) is available e) is available to meet if to meet if issues arise issues arise during the 30 during the 30 day waiting day waiting periodperiod

3939


Regional Regional Director Director signs RODsigns ROD

ROD is ROD is published in published in Federal Federal RegisterRegister


4040



FINAL RULE FINAL RULE

PUBLISHEDPUBLISHED

1 overview of national environmental policy act (nepa) objective: clarify the roles of nepa and...

Documents

nepa environmental planning

nepa review

roles of nepa

nepa planning processinclude

nepa planning processlook

physical environment

entire human environment

environmental quality