National Environmental Policy ActSupporting Text

Nicollee Gaddis-Wyatt, Planning and Environmental Coordinator

Agenda

• National Environmental Policy Act• Information Sheet• Survey Needs• In Valley NEPA Process• Changes in NEPA Guidance

NEPAThe National Environmental Policy Act (NEPA) was signed into law on January 1, 1970 and is regulated by the Council on Environmental Quality.

NEPA is our basic national charter for protection of the environment.

NEPA establishes a public, interdisciplinary framework for Federal decision-making and ensures that the BLM take environmental factors into account when considering Federal actions.

Achieving NEPA Goals• Preparing a detailed statement of the effects of

“major Federal actions significantly affecting the quality of the human environment.”

• Analyzing relevant short-term and long-term effects and disclose both beneficial and detrimental effects in the NEPA analysis.

• Considering alternatives to proposed actions.

• Using an interdisciplinary approach to analyzing environmental effects.

What Triggers NEPA?

Any action or event on public lands managed by the BLM could trigger NEPA.

Including proposals for approval of specific projects, such as construction or management activities located in a defined geographic area. Projects include actions approved by permit or other regulatory decision as well as federal and federally assisted activities. (40 CFR 1508.18(b)(4));

For Example

*systems or facilities over, under, on, or through public lands, or a grazing authorization*

Road Transmission Communication

Fiber Optic Canals Solar

Filming Large Group Events Pipeline

The ProcessThe NEPA process is intended to help public officials make decisions that are based on understanding of environmental consequences, and take actions that protect, restore, and enhance the environment.

1. Information Sheet*– Information gathered from SF-299 and Plan of Development

2. Determination of Surveys Needed*3. Initiate NEPA Process*4. BLM Internal Review by Interdisciplinary Team5. Public Comment Period (if applicable)6. Authorized Officer Decision

Information Sheet• Submitted to P&EC by the Project Lead to initiate

the NEPA process. • Includes a detail description of proposed action

– Who: Applicant and Agencies involved– What: Detailed action to be done– When: Timeframe for action (construction/operation)– Where: Location described as specifically as possible– Why: Need for this action– How: Construction/technical/operations/maintenance

Information Sheet Details

• Who are you?

• What do you want to do?

Information Sheet Details

• When do you want to do it?

• Where do you want to do it?

Information Sheet Details

• Why do you want to do it?

• How are you going to do it?

Information Sheet Details

Typical Surveys

• Cultural• Wildlife • Weeds • Vegetation

The Las Vegas In-Valley Area Multi-Action Analysis

• The EA disclosed and analyzed the environmental effects of the complete development of the Las Vegas In-Valley area

• The BLM incorporated comments received from the public during the 45-day comment period from November 1 to December 16, 2016

• The Decision Record, signed July 13, 2017, authorizes the streamlining of processing land use authorizations through reduced internal review

• The protest and appeal period ended August 13, 2017

In-Valley Action DNA

• A Determination of NEPA Adequacy (DNA) worksheet will be prepared for all land use proposals within the Las Vegas In-Valley to demonstrate that the proposed action is within the scope of the analysis of this EA and remains valid in light of new information, data, laws, and policy

• The EA, FONSI, and DR are available online through ePlanning Front Office (Las Vegas, NV 2016-0054-EA)

NEPA Process for In-Valley Actions• A complete application (including plan of

development) is accepted by the project lead • Project lead prepares DNA worksheet for NEPA

coordinators’ review– NEPA coordinator determines if other specialists need

to review based on the criteria outlined in the EA• Cultural• Wildlife (outside of tortoise free zone)• Weeds (within ¼ mile of the SNPLMA boundary)• Vegetation (specified sensitive plant habitat and/or areas with

high densities of cactus and yucca) • Minerals (within or adjacent to existing mining claims)

• Management review and signature

In Valley (SNPLMA Boundary) Surveys

• Cultural– areas not previously surveyed

• Wildlife– outside of tortoise free zone

• Weeds – within ¼ mile of the SNPLMA boundary

• Vegetation – specified sensitive plant habitat and/or areas with

high densities of cactus and yucca

Initiating NEPA Process

Changes in NEPA Guidance

• Executive Order 13807• Secretarial Order 3355

– Timeline and Page Limits for EISs• 150 pages; 1 year

• Memo with Additional Direction for EAs – Timeline and Page Limits for EAs

• BLM Guidance: 75 pages; less than 6 months– Includes Public Involvement and Other Parallel Processes

Guidance and Information

• Executive Order 13807 – 8/24/17• Secretarial Order 3355 – 8/31/17• Memo with Additional Direction for EAs – 8/6/18

• Updated NEPA Handbook• Updates to SNDO NEPA Process• Continued Streamlining Efforts

ReferenceNEPA Handbook: H-1790-1

CEQ Regulations: 40 CFR 1500-1508

Planning Regulations: 43 CFR 1601

ePlanning:https://eplanning.blm.govSouthern Nevada District Office NEPA Team:

Lee Kirk, jkirk@blm.gov, (702) 515-5026Susan Farkas, sfarkas@blm.gov, (702) 515-5223Nicollee Gaddis-Wyatt, ngaddiswyatt@blm.gov,

(702) 515-5136