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Geothermal Technologies Program

Geothermal Technologies Program. Kermit Witherbee Kate Young Aaron Levine Geothermal Technologies Office. October 1, 2013. Regulatory Roadmap NEPA Historical Perspective. NEPA – Historical Perspective. Background Why NEPA? Pre NEPA Environmental Legislative History

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Geothermal Technologies Program

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  1. Geothermal Technologies Program Kermit Witherbee Kate Young Aaron Levine Geothermal Technologies Office October 1, 2013 Regulatory Roadmap NEPA Historical Perspective

  2. NEPA – Historical Perspective • Background • Why NEPA? • Pre NEPA Environmental Legislative History • Resource and Conservation Act of 1960 • Establish a national environmental policy and council of environmental advisors • Unsuccessful because of opposition by the Eisenhower Administration, federal agencies, and business lobby • Wilderness Act of 1964 • Created definition of “Wilderness” • Applied only to federal lands • Place 9.1 million acres into National Wilderness Preservation System • Land and Water Conservation Fund Act of 1965 • Provides funds and matching grants to federal, state, and local governments • Acquisition of land and water properties • Easements on land and water • Funds provided by fees paid to DOI’s Bureau of Ocean Energy Management, sale of federal surplus real estate, and motorboat fuel taxes Pogo 1970 Earth Day Poster

  3. NEPA – Historical Perspective • National Environmental Policy Act of 1969 • Legislative History • Senator Henry “Scoop” Jackson • Chairman of the Senate Interior and Insular Affairs Committee • Legislative priorities • Frustration of federal agencies working against each other • As a result…legislation developed to assure that federal agencies considered the environment and worked in a coordinated fashion Courtesy of Seattle P-I Collection, MOHAI

  4. NEPA – Historical Perspective • Senate and House Hearings • Senate Committee on Interior and Insular Affairs & House of Reps Committee on Science and Aeronautics joint hearing 1968 on National environmental policy • National Environmental Policy Act of 1969 • Signed into Law Jan 1, 1970 • Declaration of National Policy • Created the Council on Environmental Quality (CEQ) • Federal agencies obligation • Provide a detailed statement of environmental impacts (EIS) before proceeding with proposal • Inform and invite public participation in process

  5. NEPA – Historical Perspective • NEPA Provisions • Title I - Declares the national environmental policy • Section 102 • Federal agencies follow NEPA’s goals • Sets the framework for federal decision making • Federal agencies take a “systematic interdisciplinary approach” in planning and decisions that may impact the environment • Section 103 • Federal agencies to review existing authorities, regulations, and policies and procedures to determine whether issues would “prohibit” compliance with NEPA • Title II – Council on Environmental Quality • Established in the Executive Office of the President • Annual report to Congress an Environmental Quality Report • Specifies CEQ functions and responsibilities to support the President on environmental issues for policy making

  6. NEPA – Historical Perspective • Implementation of NEPA • CEQ ‘s Role • Final regulations issued July 30, 1979 • Generic, each agency to develop own regulations • 1981 issued guidance “Forty Most Asked Questions Concerning CEQ’s NEPA Regulations” • Courts’ Role • Stressed agency compliance with EIS requirements, • Did not address specific compliance related to environmental policy goals • Supreme Court 1983 – clarified agencies consider every significant aspect of environmental impact of the proposed action and insure public notification of environmental concerns in decision making process • Supreme Court 1989 – describes a process does not direct a particular outcome • Courts – dealt with many other issues, federal action, significant, when required to prepare and EIS, consider indirect impacts

  7. NEPA – Historical Perspective • NEPA Today • Effectiveness and delays • CEQ 1997 Study • Framework for collaboration • Takes too long, costs too much • CEQ 2002 study • “analysis paralysis” • Litigation • 2004 DOD, DOI, USFS survey • Changes in project by agency • Litigation • Endangered Species Act compliance • Streamlining NEPA • Legislative streamlining provisions • Healthy Forest Restoration Act of 2003 • Energy Policy Act of 2005 • Designation of a “lead agency” • Dispute resolution process • Establish deadlines • Specific agencies to be excluded from environmental process • Designation of specific projects as CXs

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