Passed by Congress in 1969, the National Environmental Policy Act (NEPA) was signed into law on January 1, 1970. The law is intended to halt adverse impacts to "the nations landscape and human environment."
NEPA studies are triggered by either the use of Federal monies to fund the project, and/or privately funded projects on Federal lands. Some states have also passed similar laws, requiring similar evaluations of projects involving their state's funds, or their state's lands. The rule is primarily a procedural statute to assure proper technical, economic and environmental analyses are performed when evaluating the impacts of projects, including widespread review by multiple Federal agencies and the public.
The NEPA process consists of several levels of evaluations including its alternatives. Which of the three levels of analysis required is based on the size of the potential impact of the project. These three levels include: categorical exclusion determination; preparation of an environmental assessment/finding of no significant impact (EA/FONSI); and preparation of an environmental impact statement (EIS).
Categorical Exclusion (CATEX)
At the first level, an undertaking may be categorically excluded from a detailed environmental analysis if it meets certain criteria which an agency has previously determined as having no significant environmental impact. A number of agencies have developed lists of actions which are normally categorically excluded from environmental evaluation under their NEPA regulations.
Environmental Assessment (EA)
At the second level of analysis, a federal agency prepares a written environmental assessment (EA) to determine whether or not a federal undertaking would significantly affect the environment. If the answer is no, the agency issues a finding of no significant impact (FONSI). The FONSI may address measures which an agency will take to reduce (mitigate) potentially significant impacts.
Environmental Impact Statement (EIS)
If the EA determines that the environmental consequences of a proposed federal undertaking may be significant, an EIS is prepared. An EIS is a more detailed evaluation of the proposed action and alternatives. The public, other federal agencies and outside parties may provide input into the preparation of an EIS and then comment on the draft EIS when it is completed.
If a federal agency anticipates that an undertaking may significantly impact the environment, or if a project is environmentally controversial, a federal agency may choose to prepare an EIS without having to first prepare an EA.
After a final EIS is prepared and at the time of its decision, a federal agency will prepare a public record of its decision addressing how the findings of the EIS, including consideration of alternatives, were incorporated into the agency's decision-making process.
Keitu's biologists and environmental scientists conduct the appropriate level of studies for the clients' projects and submit them to the appropriate lead agency specified by NEPA. Studies typically conducted as part of the process, include: wetlands review, endangered species habitat assessment, historic buildings, cultural sites, flood plains, scenic trails, etc. Archaeolgical and paleontology studies (if required) are coordinated with other local or regional firms, as the client desires.
Alternatively, Keitu's staff can serve in a support role by performing these field studies and forwarding the data to your in-house environmental staff.
For a consultation on your NEPA requirements, feel free to contact us.
