BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
PRESENTATION TITLE
BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
Understanding the National Environmental Policy Act AKA “NEPA for Newbies” Terri Jordan-Sellers, Biologist Environmental Branch, Planning Division
Leah Oberlin – Environmental Engineer Regulatory Division, Palm Beach Gardens Section
Jacksonville District U.S. Army Corps of Engineers
BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
National Environmental Policy Act of 1969
Applies to all Federal Actions Federal Projects Federal Funding Federal Permit or Authorization
Requires Environmental Impact Statement or Environmental Assessment or Categorical Exclusion
Emergency Procedures
BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
NEPA is Different from Other Environmental Laws
Does not manage or protect one or more specific resources (unlike ESA, CWA, CAA, etc).
Requires Federal agencies to CONSIDER and DOCUMENT the environmental impacts of their proposed actions as part of an agency’s OVERALL planning and decision-making.
Requires Federal agencies to cooperate with Federal, state and local governments, and other concerned public and private organizations and citizens during project planning.
Created the Council on Environmental Quality to advise the President on environmental matters and oversee NEPA compliance by Executive Branch agencies.
BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
NEPA is a FEDERAL Requirement
When a Federal agency takes an action that impacts the environment – NEPA is initiated Includes – Permits issued to citizens/private
organizations Federal navigation/shore protection projects Studies Construction Ongoing Operations and Maintenance
Every agency can have its own NEPA regulations, but they must also abide by “master” CEQ NEPA regulations
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
Considerations
Federal agencies are required to determine the “effect of their actions on the human environment” Socially Economically Natural Resources Historic Resources
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
NEPA “Umbrella”
• Title VI of Civil Rights Act of 1964
• Executive Order 12898 (Environmental Justice)
• Coastal Zone Management Act • Clean Water Act (CWA) • Clean Air Act (CAA) • Safe Water Drinking Act
(SDWA) • Endangered Species Act (ESA) • Solid Waste Disposal Act
(SWDA)
•Comprehensive Environmental Response, Compensation and Liability Act (CERLA)
•Emergency Planning and Community Right to Know Act of 1986 (EPCRA)
•National Historic Preservation Act (NHPA)
•Public Hearing Requirements •Archaeological and Historic
Preservation Act (AHPA) •Resource Conservation and Recovery
Act of 1976 (RCRA) •AND MORE…
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
NEPA Limitations Relies heavily upon other environmental laws,
standards, policies, plans, programs, permits and conditions for decision criteria, monitoring, follow through, and enforcement
Federal officials are not required to adopt the most environmentally acceptable alternative; therefore NEPA imposes procedural, not substantive, decision making requirements
Neither CEQ, EPA, or the Corps has the authority to halt actions, however a formal and informal dispute resolution process helps to achieve accommodations
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
NEPA Regulations CEQ Master Regulations for all federal agencies
40 CFR 1500-1508 Promulgated in 1978
USACE Specific Civil Works/Federal Projects 33 CFR 230
Regulatory Permits 33 CFR 325 Appendix B (points back to 33 CFR 230)
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
NEPA Steps
We have a federal action... NEPA is initiated Is the project covered by a Categorical
Exclusion?
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
Categorical Exclusion Regulatory Division
33 CFR part 325, appendix B 5 Cat Exs
Nationwide Permit 23 bringing in other agencies “Cat Exs” (BoR; USCG; Federal Highway Admin)
Civil Works – 33 CFR 230.9 19 Cat Exs.... Cover a variety of actions: from
disposal of federal lands to “minor maintenance dredging”
The Corps requires documentation of a Cat Ex for the record, some agencies do not.
Cat Ex DOES NOT undergo public review and comment.
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
NEPA Steps
We have a federal action... NEPA is initiated Is the project covered by a Categorical
Exclusion? No? Conduct an Environmental Assessment
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
Environmental Assessment (EAs)
For “Less Impactive” Activities Shorter Timetable Less Rigid Process Often uses the format for an EIS May Conclude with a Finding of No Significant
Impact – FONSI (an EIS is not required) May Conclude that an EIS is Required
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
Scoping
Process Civil Works Regulatory Initiation Letter Public Notice* Meeting? Maybe No When start? As soon as practicable As soon as practicable
(15-days rcpt comp app)
►Scoping is where the agency asks for initial input from “the public” (agencies, governments, citizens, non-profits) with information about the project area, resources, etc.
►Should occur early and be an open process to determine “the SCOPE OF THE ISSUES to be addressed and for identifying SIGNIFICANT issues related to the proposed action.” (40 CFR 1501.7)
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
What happens after scoping? Resource studies
Natural (fisheries, benthic communities) Archeology/Cultural Geology
Consultation under Federal laws – ESA, EFH, SHPO, MMPA, CZMA May occur same time as public notice in Regulatory
permitting situation – depends on applicant submittals Prepare the NEPA documentation
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
Environmental Assessment (EA)
Civil Works Regulatory Format Stand Alone document Part of the permit
evaluation package Public Draft document review?
Not Required (SAJ usually)
No (except if precedent setting or highly controversial)
Comment mechanism Draft document Public comment period (if noticed)
Final document Final EA/FONSI Permit & EA/SOF
If the EA cannot result in a Finding of No Significant Impact... Initiate the EIS process
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
NEPA Steps We have a federal action... NEPA is initiated Is the project covered by a Categorical Exclusion? No? Conduct an Environmental Assessment Can you make a Finding of No Significant Impact? No? Environmental Impact Statement
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
EIS (Environmental Impact Statement)
Highest Level of Examination Federal Actions “Significantly Affecting the
Quality of the Human Environment” Prescribed Format/Content Prescribed Process and Timetable
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
When to do an EIS Test for Significance (40 CFR 1508.27)
1. Beneficial and Adverse effects* 2. Public Health and Safety 3. Uniqueness of Area 4. Controversy*Case law/scientific controversy
5. Uncertain, Unique, or Unknown Risks 6. Precedent for Future Actions 7. Cumulative Impact* 8. Scientific, Cultural, or Historic Resources 9. Endangered or Threatened Species* 10. Threaten Violation of Federal Environmental Law * - Most common issues in USACE projects
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
EIS Process Scoping
Notice of Intent to prepare an EIS – Federal Register (FR) May include meetings with agencies & public Scoping letter, meetings – comment period 30-60 days
Prepare Draft EIS Notice of Availability of Draft EIS – FR
45-60 day comment period Usually a public meeting/hearing held during comment period Comments received (from all sources) are reviewed and
incorporated into the Final EIS Final EIS announced in FR
30 day comment period New, substantive comments are addressed Record of Decision (ROD) is signed and published
Usually takes about 12 – 18 months to complete process (more time for more complex project)
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
EIS Process Civil Works Regulatory
Who prepares?? In-house/ Sponsor/Contractor
3rd party contractor approved by RD
Who pays? Cost-share Applicant Who directs? The Corps The Corps
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
Tiering from Previous NEPA documents
CEQ regulations allow for the “reuse” of information previously gathered – they call it Tiering.
“§1502.20 – Agencies are encouraged to tier their environmental impact statements to eliminate repetitive discussions of the same issues and to focus on the actual issues ripe for decision at each level of environmental review.”
Prevents duplication, increases efficiency, reduces expenditure of tax dollars. EIS for a Storm Damage Reduction Project in 2004 Some things have changed in project New EA to tier off (incorporate all previous applicable
information by reference) Update/modify/incorporate lessons learned into new EA.
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
Two Fed’s on a Mission... In other words – my project is in the jurisdiction of
two DIFFERENT Federal agencies. BOEM and USACE USACE and USCG
Actions are DIRECTLY related Mining sand in federal waters – BOEM Placing sand on the beach - USACE
Agencies should join together in ONE NEPA document. Joint preparation of NEPA document OR - One will be determined to be the LEAD agency
and the other(s) would be cooperating agencies under a Memorandum of Agreement.
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
More info on NEPA NEPA documents do not expire BUT…situations change.. New listed species/critical habitat Resources “grow” in the channel…
CW: Review the NEPA documents every 5 years and either update or re-FONSI RD: NEPA is only good for the life of the
permit, BUT NEPA can be reused if nothing changes for new permit.
BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
Resources and Info... CEQ NEPA Home – http://ceq.hss.doe.gov/index.html Helpful NEPA links - http://draftnepa.wetpaint.com/page/Helpful+NEPA+Internet+Links CEQ NEPA Guidance - http://ceq.hss.doe.gov/nepa/regs/guidance.html SAJ-RD Public Notice Website - http://www.saj.usace.army.mil/Missions/Regulatory/PublicNotices.aspx CEQ’s 40 Frequently Asked Questions - http://ceq.hss.doe.gov/nepa/regs/40/40p3.htm
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BUILDING STRONG® US ARMY CORPS OF ENGINEERS | Jacksonville District
Contact Info
Terri Jordan-Sellers [email protected] 904-232-1817 Leah Oberlin [email protected] 561-472-3517