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NEPA
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NEPA (1969) promotes safe, healthful, productive, and esthetically and culturally pleasing surroundings without environmental degradation. Congress recognized through NEPA that man and nature must safely and productively coexist.
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Council on Environmental Quality (CEQ)
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Established a new entity within the Executive Office of the President to oversee NEPA: the Council on Environmental Quality (CEQ) Not authorized to enforce
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Environmental Assessment (EA)
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Purpose: To determine if a proposed action or its alternatives have potentially significant environmental effects
Applicability: Federal, State, and Local agencies, applicants and the public
Benefits: Determines if an EIS is necessary, Ensures agency is in compliance, Prepares an agency in the event an EIS is necessary
Applicability: Federal, State, and Local agencies, applicants and the public
Benefits: Determines if an EIS is necessary, Ensures agency is in compliance, Prepares an agency in the event an EIS is necessary
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Environmental Impact Statement (EIS)
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The EIS is the most rigorous of the NEPA requirements
First, a Notice of Intent is filed with the Federal Register notifying the public of the upcoming environmental analysis.
Next a Purpose of Need statement is drafted by the agency
Once an EIS is prepared it is released for public review for a minimum of 45 days
Once the 45 days are up, comments are addressed and the agency prepares the final EIS which begins a minimum 30-day review period by the EPA
First, a Notice of Intent is filed with the Federal Register notifying the public of the upcoming environmental analysis.
Next a Purpose of Need statement is drafted by the agency
Once an EIS is prepared it is released for public review for a minimum of 45 days
Once the 45 days are up, comments are addressed and the agency prepares the final EIS which begins a minimum 30-day review period by the EPA
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FONSIs
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Finding of No Significant Impact. FONSIs detail the reasons why an agency has determined there will be no significant environmental impact.
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Record of Decision
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The EIS process ends with a ROD. The ROD explains the agency's decision, describes the alternatives that were considered, and discusses mitigation plans for potential environmental effects
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Categorical Exclusions
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Submit document stating:
◦ Brief description of proposed action
◦ Statement identifying CATEX
◦ Explain why no extraordinary circumstances exist
◦ Brief description of proposed action
◦ Statement identifying CATEX
◦ Explain why no extraordinary circumstances exist
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Aims of NEPA
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It obligates federal agencies to consider every significant aspect of the environmental impact of an action before proceeding with it. It ensures that the agency responsible for the action will inform the public.
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What are the three main elements in NEPA?
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1. It announced a US national policy for the environment.
2. It outlined procedures for achieving the objectives of that policy.
3. Before supporting or funding any development likely to significantly affect the environment NEPA required federal agency to conduct an environmental impact assessment (EIA).
2. It outlined procedures for achieving the objectives of that policy.
3. Before supporting or funding any development likely to significantly affect the environment NEPA required federal agency to conduct an environmental impact assessment (EIA).
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Why is NEPA so important?
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People became responsible for their own share of preserving and enhancing the environment. NEPA encourages research and new findings leading to new knowledge of natural resources and ecological systems. State, local, and federal agencies must promote improvements to environmental conditions.
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Process of EIS?
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1. Environmental assessment (initial) and designate lead agency.
2. Scoping (public) comments by the public and interest groups.
3. Draft EIS, circulate the draft for review and comments, for sixty days.
4. Lead agency assembles the final EIS with the comments in them.
5. Decision by lead agency officer who will certify the EIS is complete (certification does not mean it is approved, it means that the information document is adequate for decision makers). If problems appear, reopen the EIS process
2. Scoping (public) comments by the public and interest groups.
3. Draft EIS, circulate the draft for review and comments, for sixty days.
4. Lead agency assembles the final EIS with the comments in them.
5. Decision by lead agency officer who will certify the EIS is complete (certification does not mean it is approved, it means that the information document is adequate for decision makers). If problems appear, reopen the EIS process
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How to apply the EIS to a real life situation?
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...
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What are the goals of NEPA?
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Any means must be used to improve and coordinate federal plans, functions, programs, and resources and to meet these goals:
◦ The responsibilities of one generation cannot be passed on to the next.
◦ Healthy, safe, and esthetically pleasing surroundings are to be maintained.
◦ The environment can not be degraded by unintended consequences.
◦ Historical, cultural, and natural features are to be preserved, thus supporting diversity and variety of choice.
◦ Population increases must be accompanied by preservation of resources in the interest of achieving higher standards of living and better quality of life.
◦ Recycling of vanishing resources is to be encouraged, and the quality of renewable resources must be improved.
◦ The responsibilities of one generation cannot be passed on to the next.
◦ Healthy, safe, and esthetically pleasing surroundings are to be maintained.
◦ The environment can not be degraded by unintended consequences.
◦ Historical, cultural, and natural features are to be preserved, thus supporting diversity and variety of choice.
◦ Population increases must be accompanied by preservation of resources in the interest of achieving higher standards of living and better quality of life.
◦ Recycling of vanishing resources is to be encouraged, and the quality of renewable resources must be improved.
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What are the types of EIS?
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#1 Programmatic: done in the context of government program or plan. Example, forest management, mining.
#2 Project specific: private sky resort, gold mine, ..etc.
#2 Project specific: private sky resort, gold mine, ..etc.
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What are the duties of the CEQ?
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◦ Assist and advise the president.
◦ Prepare the annual report (Environmental Quality Report).
◦ Review and appraise federal programs and activities Recommend and develop new national policies about the environment.
◦ Conduct studies, research, and analyses .
◦ Document and define changes in the natural environment; respond to the President if requested.
◦ Prepare the annual report (Environmental Quality Report).
◦ Review and appraise federal programs and activities Recommend and develop new national policies about the environment.
◦ Conduct studies, research, and analyses .
◦ Document and define changes in the natural environment; respond to the President if requested.
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Annual report of the conditions of the environment submitted to the Congress by the president, what is included in this report?
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Conditions of the major natural, manmade, or altered environmental media (air, water, and land).
Trends.
Affects of these trends.
Program to solve the problem of existing programs and activities and enact needed legislation.
Trends.
Affects of these trends.
Program to solve the problem of existing programs and activities and enact needed legislation.
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