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THE LAND USE APP

NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

NEPA is the controlling guidance for federal agencies for virtually any activity undertaken, funded, or permitted that affects the environment. While all federal agencies share common procedures under NEPA, each agency has some different and specific rules for how they use the process. It is important to know WHO you are dealing with (jurisdiction) and HOW they apply NEPA.

 

Thanks to John Stewart  for helping with NEPA

Thank you to John Stewart of Muirnet Consulting, CA4WDC, BRC, and Outdoorwire.Com for assisting with this section

 

Here are the key points of NEPA.

 

ANY ACTIVITY: NEPA applies to any activity for all federal agencies.

 

PROCESS: NEPA is a process that includes notification rules, public involvement in decision making, and timelines for decisions.

 

GET IN EARLY: The public can and should be involved as early as possible in any project affecting their area of interest. Do not wait!

 

Get involved early with your NEPA comments

 

CAT-X: Categorical Exclusions (CAT-Ex) apply only to small routine projects.

 

EA to EIS: The Environmental Assessment (EA) leads to the decision of whether an Environmental Impact Statement (EIS) is needed, or if a Finding of No Significant Impact (FONSI) is appropriate.

 

SCOPING: The Scoping period is always announced (number of days and timeframe) and tells the public when they can have their official "say."

 

NOTICE: All documents under NEPA require notice and most require public involvement.

 

EIS: The EIS describes the proposed action, alternatives and the impacts of the activity.

 

NOI: The Notice of Intent (NOI) is the first step of an EIS, and allows at least 30 days for public comment.

 

AFTER NOI: After the NOI, Scoping begins, and the public has the first chance to get involved.

 

DATA DURING SCOPING: Data and comments gathered during Scoping are used to develop the first draft of the EIS.

 

ALTERNATIVES: All possible alternatives must be presented in the EIS.

 

DRAFT EIS: The data contained in the draft EIS and the public comments are used to develop final actions that protect, restore, and enhance the environment.

 

ROD: The Record of Decision (ROD) is the result of all the above NEPA processes. (An Administrative Appeal of the ROD is possible; but after that, differences must be solved in court).

 

fLOW cHARTNEPA FLOW CHART TABLE HERE

WHAT NEPA IS AND IS NOT...

 

 

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