Federal Interagency Coordinated Approach for Renewable Energy by Tribes

1. Federal Interagency CoordinatedApproach for Renewable Energy by Tribes The NEPA Process Arthur A Totten EJ in America Conference May, 2008

2. OUTLINE NEPA � Benefits and Limitations TYPES of NEPA ANALYSIS NEPA PROCESS FLOW CHART EVOLVING NEPA PROCESSES EIS REVIEW PROCESS NEPA WEB PAGES

3. National Environmental Policy Act The 1969 National Environmental Policy Act (NEPA) serves as the Nation�s basic environmental protection charter. A primary purpose of NEPA is to ensure that federal agencies consider the environmental consequences of their actions and decisions as they conduct their respective missions. For �major Federal actions significantly affecting the quality of the human environment,� the federal agency must prepare a detailed environmental impact statement (EIS) that assesses the proposed action and all reasonable alternatives. Further, regulations established by both the Council on Environmental Quality (CEQ) and EPA require that socioeconomic impacts associated with significant physical environmental impacts be addressed in the EIS.

4. NEPA Benefits

5. NEPA Benefits

6. NEPA Limitations

7. NEPA Limitations Does not apply to all actions: Applies only to federal (Executive Branch) actions Many private sector activities involve federal actions such as permits, licenses or some form of federal funding or approval to use federal land Does not apply to: Federal General revenue funding assistance where there is no control over the use of the funds Judicial, administrative civil, or criminal enforcement activities Relies heavily upon other environmental laws, standards, policies, plans, programs, permits and conditions for decision criteria, monitoring, follow through, and enforcement

8. The NEPA �Umbrella� represents the many laws and regulations that must be considered when developing a transportation project. For example, (read a few) This reemphasizes the need for strong interagency relationships - coordination. The NEPA �Umbrella� represents the many laws and regulations that must be considered when developing a transportation project. For example, (read a few) This reemphasizes the need for strong interagency relationships - coordination.

9. NEPA Limitations Federal officials are not required to adopt the most environmentally acceptable alternative; therefore NEPA imposes procedural, not substantive, decision making requirements

10. NEPA Limitations NEPA has no penalty or enforcement provision Neither CEQ or EPA has the authority to halt actions, however a formal and informal dispute resolution process helps to achieve accommodations The public has a right to seek judicial review if they believe that a federal agency has not adequately addressed their concerns or has failed to comply with NEPA procedures. Agency final decisions can be challenged under the judicial review provisions of the Administrative Procedures Act. Freedom of information Act provides public access on request to federal agency documentation and analysis (with exceptions for national security and business confidentiality)

11. Types of NEPA Analysis Council on Environmental Quality (CEQ) regulations provide three types of NEPA analysis based upon potential for significant impact: Categorical Exclusions Environmental Assessments Environmental Impact Statements

12. NEPA Documents

13. Significant Environmental Effects?

14. EISs Filed by Year � 1973 to 2007 From 73 � 79 larger number of EIS due to lack of Categorical Exclusions and few EAs. Everything was considered to warrant an EIS.From 73 � 79 larger number of EIS due to lack of Categorical Exclusions and few EAs. Everything was considered to warrant an EIS.

15. Module 4 Federal Roles NEPA Task Force Draft 7/27/2006 REVISED SA 15

17. In Summary - NEPA creates: Transparency: NEPA creates a public process. Informed decision making: Supported by systematic, interdisciplinary, reproducible (objective) documented evaluation of potential impacts for a range of alternatives. Involvement: An opportunity for all stakeholders/interested and affected parties to inform the decision with broader base of information and approaches and an opportunity to for all affected parties to: Identify alternatives, mitigation, impacts Recommend conditions Plan for future needs Opportunity for Sustainability: An opportunity to achieve a more sustainable, balanced outcome Integrating environmental, economic and social objectives, short and long term concerns .

18. The EIS Review Process

19. Unique EPA Rolesand Responsibilities

22. Section 309 of the Clean Air Act When reviewing environmental effects of proposed actions of other federal agencies. EPA shall ensure that the involved agency has fully analyzed environmental effects on minority communities and low-income communities, including human health, social, and economic effects.

23. So to recap, these are some of the many facets that influence decision making in the FHWA NEPA process.So to recap, these are some of the many facets that influence decision making in the FHWA NEPA process.

24. EPA Works to Improve Federal EISs

25. Bottom Line EPA's GOAL - Assist federal agencies to achieve effective decision-making that fully considers: Reasonable alternatives Potential environmental impacts Public involvement

26. Important NEPA Web Pages CEQ: http://www.whitehouse.gov/ceq CEQ NEPAnet: http://www.NEPA.gov Includes: Text of NEPA statute Text of CEQ regulations Agency NEPA Websites CEQ guidance documents CEQ Annual Reports Organizations Training Compendium EPA NEPA Program: http://www.epa.gov/compliance/nepa/index.html

27. Renewable Energy may one day make this a thing of the past