Environmental Compliance

Negotiating our way through the process…

Overview of Environmental Process for this Project

NEPA Corps of Engineer’s CWA (404 permit)

• Section 106 of the National Historic Preservation Act Compliance• Tribal Consultation

• Section 7 Consultation

• Other Criteria

NEPA Analysis

Will this project have a significant impact on the Human environment?

Site specific Environmental Evaluations Supplement existing State CREP

Environmental Assessments

Corps of Engineers 404 Permit

Expand Regional Permit 34 Special conditions needed to comply with

Regional Permit 34:• Section 106 of the National Historic Preservation Act

Compliance

• State Historic Preservation Officer (SHPO) Consultation

• Tribal Consultation

• Section 7 of the Endangered Species Act Compliance

Section 106-SHPO Consultation

Consult with SHPO to determine if Historic Properties may be affected

FSA makes a finding of No Historic Properties Affected or Historic Properties Affected

• If SHPO concurs with FSA No Historic Properties Affected; time frame is up to 30 days

• If SHPO does not concur with FSA or if FSA determines there are historic properties that are likely to be affected, additional consultation is required - time frame at least 30 days, could be much more

Section 106-Tribal Consultation -if the project is on Tribal lands

We must also consult with Tribes that attach religious and cultural significance to historic properties whether they are on or off tribal lands (i.e., ancestral or ceded lands)

• may take much more then 30 days, if on Tribal lands (Tribal governments may not follow the 30 day time frame)

• You also must consult with the SHPO at the same time with the typical time frame of 30 days+

Section 7 Informal Consultation Is threatened and/or endangered species and/or critical habitat

present? FSA requests or prepares list threatened and/or endangered in

project area and sends to USFWS USFWS either concurs with FSA list or supplies list to FSA -

30 day response time USFWS determines:

• No species and/or critical habitat present - end consultation• Yes, Options:

• Further Consultation with FWS:• USFWS issues no effect determination - time frame

unknown• FSA Prepares Biological Assessment

• 180 days to prepare• FWS has 30 days to respond to assessment

Section 7-Formal Consultation FSA requests initiation of formal consultation Once clock starts, FWS in consultation with

FSA formulates a Biological Opinion and incidental take statement - 90 day time frame

FSA reviews draft biological opinion- comments and then FWS delivers final biological opinion and incidental take statement - 45 days

Other Regional 34 Permit Criteria

Additional state specific environmental compliance criteria such as; specific design criteria or other State permits depending on type of project implemented and proximity to streams, etc.

State regulatory requirements can be done concurrently with the NEPA and consultation processes

Success through collaboration

Lessons learned from Iowa Develop MOUs, state level agreements,

or other mechanisms to facilitate intra-agency cooperation

Start the NEPA process early to aid decision-makers

National impact through local actions