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National Environmental Policy Act _NEPA_ _ Tribal Involvement


									National Environmental Policy Act
  (NEPA) & Tribal Involvement

       Alaska Forum on the Environment
                 Egan Center
               Anchorage, Alaska
                February 2008
                     What is NEPA?
 Signed into Law on January 1, 1970
 Established our national policy for environmental
  responsibility-Section 101
 Created an systematic, interdisciplinary framework for
  federal planning and decision-making-Section 102(2)(A)
 Established procedures to require federal agencies to
  consider environmental factors-Section 102(2)(B)
 Introduced the Environmental Impact Statement (EIS) as
  a public policy tool-Section 102(2)(C)

 Established the Council of Environmental Quality (CEQ)-
  Section 202
                     NEPA Section 101
                Congressional Declaration
             of National Environmental Policy
 Fulfill the responsibilities of each generation as trustee of the environment
  for succeeding generations;

 Assure for all Americans safe, healthful, productive, and aesthetically and
  culturally pleasing surroundings;

 Attain the widest range of beneficial uses of the environment without
  degradation, risk to health or safety, or other undesirable and unintended

 Preserve important historic, cultural, and national aspects of our national
  heritage, and maintain, wherever possible, an environment which supports
  diversity, and variety of individual choice;

 Achieve a balance between population and resource use which will permit
  high standards of living and a wide sharing of life’s amenities; and
 Enhance the quality of renewable resources and approach the maximum
  attainable recycling of depletable resources.
                NEPA Section 102
          Requirement to Prepare an EIS
All agencies of the federal government shall include in every
      recommendation or report on proposals for legislation and other major
      federal actions significantly affecting the quality of the human
      environment, a detailed statement by the responsible official on…
(i) The environmental impact of the proposed action;
(ii) Any adverse environmental effects which cannot be avoided should
     the proposal be implemented;
(iii) Alternatives to the proposed action
(iv) The relationship between local short-term uses of man’s environment
     and the maintenance and enhancement of long-term productivity; and
(v) Any irreversible and irretrievable commitments of resources which
     would be involved in the proposed action should it be implemented.
                       Twin Aims of NEPA

Agencies have the                       Agencies will inform
obligation to consider                        the public that
every significant                             environmental
aspect of the                            concerns have been
environmental impacts                      considered in the
of the proposed action.                     decision making

            Consider         DECISION      Inform
Hierarchy of NEPA Requirements


                   CEQ Regulations

                40 CFR Part 1500-1508

      (40 CFR Part 6)

        Agency Specific NEPA Regulations
              What Triggers NEPA?

                 Federal Actions

 Proposals for legislation
 Issuance of a Federal permit, lease or license
 Projects on Federal land or affecting facilities or

 Newly authorized, funded projects
    Levels of NEPA Documentation

 Categorical Exclusion (Cat X, CE)

 Environmental Assessment (EA)/Finding
 of No Significant Impact (FONSI)

 Environmental Impact Statement
 (EIS)/Record of Decision (ROD)
Determining the Appropriate Level of NEPA Documentation
                                             Proposed Action

                            Is action eligible for exclusion under NEPA?
                        Will the Proposed Action result in significant effects?                        EA

                                            YES                             YES
                                                   EIS                                          Impacts significant?

                                             Notice of Intent                     Finding of No Significant Impact (FONSI)

                                                                                             Public Review of FONSI

                                                 Draft EIS
                                                                                              Impact Significant?

                                                 Final EIS

                                          Record of Decision
   Steps in the EIS Preparation Process

 Proposal by Federal Agency or external applicant
 Notice of Intent (NOI)            Scoping Process
 Scoping Summary Report
 DEIS – Notice of Availability (NOA)     Public
 Comment Period

 FEIS – NOA                            Wait Period

 Record of Decision (ROD)
Integration of NEPA & Other Requirements

   Clean Water Act (CWA)
   Clean Air Act (CAA)
   Endangered Species Act (ESA)
   National Historic Preservation Act (NHPA)
   Magnuson-Stevens Fisheries Management Act
   Marine Mammal Protection Act
   Executive Orders (e.g., Tribes, EJ, Wetlands, Floodplains)
   Coastal Zone Management Act
   State Laws and Authorizations
   Local Plans and Ordinances
                     Parallel Processes
       EIS                    Federal                      State                    Local
     Process                  Process                     Process                  Process

                                EPA                        SHPO                   Borough Plan
 Notice of Intent              NPDES                  National Historic
                                                      Preservation Act
                               Corps                  106 Consultation              City Plan
     Scoping                  Wetlands
                            E.O. 13175                   Fish Habitat           Tribal Village Plan
                        Tribal Consultation            Reclamation Plan
    Draft EIS                                            Consistency
                      Endangered Species Act                 ADEC
                          Consultation                Waste Management
    Final EIS                                     Air Quality Monitoring Plan
                               NMFS                    401 Certification
                         Magnuson-Stevens             Contaminated Sites
                     Fisheries Management Act
                          EFH Assessment

                             Federal                        State                    Local
Record of Decision       Permit, Certification,       Permit, Certification,
         How Tribes Can Get Involved?
 Request Government-to-Government consultation and coordination

 Request to be a Cooperating Agency
 Request training & educational opportunities
 Provide Traditional Ecological Knowledge (TEK)

 Participate in the Scoping Process

 Participate in public hearings & meetings

 Take agencies/project proponent on a site visit
 Maintain early & frequent contact with the Lead Agency/project
         Consultation and Coordination
 Request a copy of the Lead Agency’s Tribal Consultation
 Request a copy of the Lead Agency’s NEPA regulations
 President/Council designate an official representative and
  alternative for the Tribal Government
 Establish mutual understanding of “Consultation”
 Identify Communication methods for effective Consultation
 Establish a timeline/schedule for Consultation
 Establish a Tribal Consultation Plan (Pogo and Alpine examples)
    Request to be a Cooperating Agency

 Criteria for Cooperating Agency under NEPA
  Jurisdiction by law
  Special Expertise
  Unique Source of Information

 Understand the implications of Cooperating Agency
 Resources to participate effectively
 Clarify the roles & responsibilities - Cooperating and Lead
 Level of Involvement – Formal vs. Informal
 Establish a formal MOU with the Lead Agency
             Levels of NEPA Involvement
   Steps in the EIS Preparation Process    Public   Tribes   Cooperating
Project Proponent submits permit                                 
application and Environmental
Information Document (EID)
Notice of Intent (NOI) – Scoping Process                       
Scoping comments, Resource Reports,                              
Alternatives, Affected Environment,
Environmental Consequences, etc
Preliminary Draft EIS                                           
Notice of Availability (NOA) – Draft EIS                       
Public Comments                                                  
Preliminary Final EIS                                           
NOA - Final EIS                                                
Public Comments                                                  
Record of Decision (ROD)
     Request Training & Educational

 Request technical training

 Request a site visit of a similar facility
           Provide Traditional Ecological
                 Knowledge (TEK)

 Provide TEK for the NEPA analysis

 TEK could be used to develop Alternatives, and evaluate environmental
  effects and mitigation

 Describe subsistence harvest practices, subsistence resources,
  subsistence areas

 Describe observations of the environment, climate, habitat, migratory
  patterns, etc.

 Sensitive information may not be held confidential
   Participate in the Scoping Process

 Identify the significant issues/concerns to be

 Identify any data gaps and informational needs
 Identify alternatives to the proposed action
 Be specific and detailed in your written
 comments – provide explanations
Participate in Public Hearings & Meetings

 Request reasonable accommodation of Tribal needs
   Printed material translated into your Native language
   Interpreters to translate verbal information

 Provide verbal and written comments

 Educate agencies on Tribal perspective

 Provide site specific information and examples

 TEK, subsistence areas, migratory patterns, etc.
    Take Agencies/Project Proponent
             on a Site Visit

 Provide a Tribal perspective of the ecosystem wherever
  the project could impact

 Explain traditional use areas

 Explain traditional way of life and potential project
  impacts to your culture

 Build relationships with agency and project proponent
   Maintain Early & Frequent Contact
with the Lead Agency/Project Proponent
 Stay in touch with agency representatives and the
  project proponent

 Provide notification of changes in the Tribal Government

 Request meetings whenever necessary

 Request written meeting notes and the opportunity to
  review them

 Ask questions
     NEPA Resources and References

 A Citizen’s Guide to the NEPA – CEQ

 NEPAnet

 EPA Headquarters NEPA website

 EPA Region 10 NEPA website

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