Integration of National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA) NEPA and NHPA A Handbook for Integrating NEPA and NHPA Section 106 Issued by the Council on Environmental Quality (CEQ) and the Advisory Council on Historic Preservation in March

Why Integrate NEPA and NHPA Section 106? CEQ’s regulations [40 C.F.R. § ] encourage integration of NEPA with other planning so that planning and decisions Reflect all environmental values Avoid delays later in the process, and Head off potential conflicts. ACHP’s regulations [36 C.F.R. § 800.8(a)(1)] also encourage coordination of Section 106 with the requirements of NEPA Begin as early as possible in the NEPA process, and Plan public participation, analysis, and review in such a way that meets the purposes and requirements of both statutes. 2

Integration of NEPA and NHPA Section can mean Substitution 36 C.F.R. § 800.8(c) An agency official may use the process and documentation required for the preparation of an EA/FONSI or an EIS/ROD to comply with Section 106 in lieu of the procedures in § – if the agency official has notified in advance the SHPO/THPO and the ACHP that it intends to do so and the…standards are met. 3

Goals of the Handbook Introduce coordination and substitution of NEPA and NHPA to agencies Identify opportunities for more inclusive consultation with interested parties Address the benefits and challenges of coordination and substitution Improve the federal permitting and review process Provide practical, useful tips for practitioners to implement NEPA and Section 106 in tandem 4

Intended Users NEPA and Section 106 practitioners Agency decision makers Federal and non-federal proponents of projects Contractors working on behalf of agencies or applicants Representatives for SHPOs, THPOs, Indian Tribes, Native Hawaiian organizations, and other consulting partties 5

Impacts to Agency NEPA Procedures Handbook is advisory Agencies should consider how to integrate these provisions into their agency’s NEPA and Section 106 implementing procedures 6

Impacts to 106 Consultations No change in the need for or substance of Section 106 consultations If applied, Section 106 consultations should be initiated before and inform the NEPA selection of the alternative for the action In cases where federal agencies elect to use the substitution approach, consulting parties may be provided NEPA documents in lieu of other Section 106 documentation 7

Handbook Overview Detailed review of the similarities and differences between these two independent requirements. Roadmaps for Coordination and Substitution Emergency Procedures Timing and Documentation Illustrations, Definitions and Case Studies NEPA Substitution Checklist 8

Key Messages to Federal Agencies The earlier integration begins, the better it works Develop comprehensive schedules with clearly defined roles and project milestones Develop comprehensive communications plans that educate stakeholders on how NEPA and NHPA can work together Use NEPA and Section 106 process and information to inform one another Use integrated approaches to completing studies 9

Distinct Terminologies Section 106 Consultation Area of Potential Effects Historic Property Adverse Effects NEPA Public Involvement Affected Environment Cultural Resources Significant Effect 10

Coordinating NEPA and 106 Federal agencies should: Initiate NEPA and 106 together Understand the presence/absence of historic properties and whether they may be adversely affected before alternative is selected Conclude 106 before concluding NEPA 11

Coordinating with Categorical Exclusion The majority of federal actions are processed under Categorical Exclusions (CX/CatEx) Section 106 is relevant to considertion of “extraordinary circumstances” How to conclude the Section 106 process when using a Categorical Exclusion 12

Discussion Can the agency determine that the action is categorically excluded from NEPA? A federal agency is consider grand funding for a new traffic signal at a busy intersection. The introduction of this new feature in its setting will adversely affect an adjacent historic property. 13

Coordinating with Environmental Assessments Consider the role of stakeholders; tribal consultation; information standards; timing; and documentation Apply coordination principles for Environmental Assessments (EA) and Finding of No Significant Impact (FONSI) How to complete the Section 106 process when concluding the NEPA process with a FONSI 14

Discussion Can the agency conclude its Environmental Assessment with a FONSI? A federal agency has received an application for a small right-of-way. The Section 106 process resulted in a finding of adverse effect but we resolved it through consultation. 15

Coordinating with Environmental Impact Statements Consider the role of stakeholders; public involvement; tribal consultation; information standards; timing; and documentation Apply coordination principles for Environmental Impact Statements (EIS) and Records of Decision (RODs) Scoping; Development of alternatives Preparing the EIS; and Public Comment 16

Substituting NEPA for 106 Only for EA/EIS Requires prior notice to ACHP and SHPO/THPO Consultation with consulting parties is not waived ACHP only required to review DEIS and EIS (not EA) Conclude with MOA or mitigation in ROD 17

When to Substitute Determine whether a project is a good candidate Agency plans for active involvement? Delegations and resources to support the process? Substitution will enhance public engagement? Substitution will facilitate resolution of effects? 18

Discussion Can the agency use the NEPA substitution process to comply with Section 106? A federal agency was about to issue a draft EIS on construction of a runway extension when the cultural resources inventory located an eligible archaeological site within the project footprint. 19

Checklist for Substitution NEPA documents intended to substitute for Section 106 documentation need to meet regulatory standards The Checklist serves as a reminder to agencies preparing NEPA documents to meet those standards Consulting parties may use the Checklist to review NEPA documents and to structure comments to agencies 20