Project Impact Evaluation Process & National Environmental Policy Act

 

Whether it is the installation of fire suppression systems or the building of new park facilities, all National Park Service (NPS) projects undergo environmental review. This is done both out of respect for the mission of the NPS and to comply with laws and regulations protecting environmental resources and human health and the environment.

The primary means for completing an environmental review is the National Environmental Policy Act (NEPA) process, but substantial work can and does take place before the NEPA process is initiated. This pre-NEPA planning phase allows the NPS to hone the issues that need to be evaluated, engage stakeholders proactively, and adjust the project to reduce environmental impacts and improve project benefits.

Scoping

Several steps need to be taken prior to initiating the NEPA process. The scoping phase, sometimes called pre-NEPA, is used to plan and understand the scope and scale of a particular project and to identify preliminary issues and impacts that will need to be considered during project design as well as environmental analysis. The pre-NEPA phase is also an opportunity for the NPS to engage stakeholders, agencies, and the public on a project and gain perspective and input.

Define the Purpose and Need

A key to understanding the project is to define the problem or opportunity that the project is intended to address. In general, this has two components:

• Purpose is a broad statement of goals that the NPS intends to fulfill through taking action and should be stated in terms of the desired outcome, to the extent possible.
• The need for action is the underlying problem or opportunity to which the NPS is responding and may include factors such as existing conditions that need to be changed, problems that need to be remedied, decisions that need to be made, and/or policies or mandates that need to be implemented.

Collect Information

Information about the project is collected to better understand the potential issues that may be involved and that will guide the level of environmental review required under NEPA. This includes collecting information on any baseline resource studies that may have already been completed, consulting with subject matter experts to determine what additional studies may be necessary.

An NPS Environmental Screening Form (ESF) may be used to identify resources areas are impacted, the scale and scope of the impacts, what additional evaluation may be needed, and what mitigation is appropriate for those impacts. Although the use of an ESF is not required, it is encouraged to help parks identify potential resource impacts. The ESF can be found on the NPS's internal Planning, Environment and Public Comment (PEPC) system where compliance for projects are documented and shared with the public through the external Planning, Environment and Public Comment (PEPC) system.

Synthesize Information

Having defined the project need and collected the information relevant to the proposed action, the NPS drafts preliminary background documents describing the project need, the issues addressed, the appropriate NEPA process and any other relevant information (e.g. stakeholder involvement plan, consultation plan).

The National Environmental Policy Act (NEPA)

NEPA includes the declaration of a national policy that encourages harmony between human beings and the environment and the promotion of efforts to prevent or eliminate environmental harm. As a means of furthering its purposes, it requires federal agencies to fully consider the impacts of proposals that would affect the human environment prior to deciding to take an action. NEPA also requires federal agencies to involve the interested and affected public in decision-making processes.

The stated purposes of NEPA include (42 USC 4321 (United States Code)):

• Declaring a national policy which will encourage productive and enjoyable harmony between man and his environment;
• Promoting efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man;
• Enriching the understanding of the ecological systems and natural resources important to the Nation; and
• Establishing the Council on Environmental Quality.

The purposes of NEPA and the mission of the NPS express very similar goals. Both contain language designed to result in the conservation and protection of our nation's resources for the benefit of future generations.

Parks should strive to complete environmental compliance for projects consistent with CEQ (Council on Environmental Quality), DOI (Department of the Interior), and NPS practices.

Additional References

• Director's Order (DO) 12: Conservation Planning, Environmental Impact Analysis, And Decision-Making
• National Environmental Policy Act (NEPA)
• NEPA Handbook
• NEPA Policy and Guidance
• Planning and NEPA Compliance Process

NEPA Pathways

Categorical Exclusion (CE)

A CE describes a category or type of actions that do not cumulatively or individually have the potential for significant environmental impacts. If an action fits within a CE, it is not exempt from NEPA; however, it is exempted from the requirement to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS). CEs should be used when applicable, in order to reduce paperwork and delays associated with approvals of certain federal actions.

To use a CE, the proposed action must be within the category of actions described in a specific CE. A proposed action is "the bureau activity under consideration". The proposed action does not have to be specifically mentioned in the text of a CE but should easily fit into the category of actions described by the CE. Many of the CEs include guidance that is intended to clarify how they should best be applied. Where the guidance provides examples of actions that would be appropriate under a specific CE, the examples are meant to be illustrative and not exclusive. If the proposed action does not fit within the category of actions described in a CE the proposal can be modified so that it does, or an EA or EIS must be completed. If multiple CEs are required to cover different elements of the proposed action that is a sign that a CE is likely not appropriate.

Once it is determined that a proposed action fits within a CE, it must be determined whether any of the extraordinary circumstances listed in the DOI NEPA regulations apply. If extraordinary circumstances do apply, a CE may not be used. In such circumstances the proposal must be modified so that extraordinary circumstances no longer apply or an EA or EIS must be completed. A list of extraordinary circumstances can be found in the NPS NEPA Handbook.

Environmental Assessment (EA)

Generally, an EA is required when a proposal is not eligible for a categorical exclusion and the proposed action would not result in significant impacts. Chapter 4 of the DO 12 Handbook contains more specific guidance on when an EA is needed. The NEPA regulations require an EA to be completed within 1 year and be no longer than 75 pages (excluding appendices).

Environmental Impact Statement (EIS)

An EIS is required when significant environmental impacts and/or controversy over those impacts are expected.

Memorandum to File

A memorandum to file (memo to file) is Used to document that a specific proposal and its impacts were adequately described and analyzed in site-specific detail in an existing NPS NEPA document, meaning that additional NEPA review is not required.

A memo to file should be used when an NPS NEPA review was previously completed for a specific proposal, but its implementation was delayed because of unavailability of funds or other reasons. For example, if a park unit completed an EA five years ago that resulted in a decision to construct new park housing but funding was not available and construction could not proceed as intended, when the funding is received a review of the EA and FONSI (finding of significant impact) to ensure that the action and its impacts are still accurately described is needed. The review and conclusions are documented showing the adequacy of the existing NEPA review through preparation of a memo to file. A memo to file may also be used when an action is being taken that is not specifically called out in an existing NPS NEPA document, but it logically falls within the effects of substantially similar actions that have been evaluated in site-specific detail in an existing NPS NEPA document. When preparing a memo to file, consider whether information regarding other required consultation processes (such as ESA Section 7 (Endangered Species Act), NHPA Section 106 (National Historic Preservation Act), and tribal consultations) needs to be updated. If so, depending on the outcome of additional consultations, a new NEPA review may need to be initiated.

Public/Stakeholder Engagement

NPS recognizes that the present and future welfare of the national park system depends in large measure on the public's support of the way the NPS manages the parks.

It is important to develop a communication and public participation plan early in the project development process. This plan needs to be clear at what stages and how the public and other stakeholders will be invited to participate in the project planning process.

The purpose in seeking public and stakeholder involvement is more than to simply meet the minimum standards established in various statutes and regulations. It is critical to the mission of the NPS, to provide excellent resource stewardship, be a good neighbor and host, and to foster two-way communications that help the NPS achieve its goals.

Project teams should always approach decision-making with a bias in favor of significant and meaningful public and stakeholder involvement. While the NPS ultimately is responsible for project decisions, public and stakeholder involvement is expected to improve, inform, and influence decision-making.

On potentially controversial issues, project teams need to be particularly mindful to plan and design public and stakeholder engagement activities at the earliest opportunity. Teams should be aware of, and prepared to use, a range of alternative dispute resolution and engagement techniques.

Communications Plan

A communications plan should:

• have an active contacts list including affected parties and groups on all sides of an issue,
• identify internal and external opportunities to leverage existing events where public or stakeholder engagement can be included, and
• maximize the use of existing NPS resources including websites and other communication tools to provide the public and stakeholders with access to information, ideas, and examples.

Public versus Stakeholder

The "public" is made up of disparate groups that have different levels of interest and authority with regards to NPS projects. It is more useful to think of the "public" as those with a general interest in the park or a project and "stakeholders" as groups, agencies, and individuals with a heightened level of interest or authority on a particular issue. Additionally, it is important to remember that the public and stakeholders can include individuals and groups that are internal to NPS as well as external.

Involvement activities for stakeholders may require more interactive engagement actions. In developing the communications plan, it is important to consider what stakeholders (agencies, NGOs (Non-Government Organizations), and others) may need to be engaged differently, how those interests may align with a project's goals or be in opposition to a project, and what engagement tools may be most effective.

Additional References

• Citizen's Guide to the NEPA (Council on Environmental Quality (CEQ))
• Civic Engagement
• Director's Order (DO) 75A: Civic Engagement and Public Involvement

 

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