U N I T E D S T A T E S D E P A R T M E N T O F C O M M E R C E N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N State and Public Involvement in the National Environmental Policy Act Process & Introduction to Cumulative Effects NOAA Office of Program Planning & Integration Jay Nunenkamp, NOAA NEPA Policy and Training Coordinator December 3, 2014

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N Part 1 State and Public Involvement in the NEPA Process 2

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N What is the National Environmental Policy Act (NEPA)? 3 Signed into law on January 1, 1970, NEPA: –Established a national policy for considering environmental effects during federal decision-making –Established a White House Council on Environmental Quality (CEQ) NEPA requires all federal agencies to understand the environmental impacts of their actions before making a decision on whether or not to implement that action.

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N Who must conduct NEPA? 4 Only federal agencies are required to comply with NEPA. Other actors, such as state and local governments, universities, and private individuals do not need to comply with NEPA, although there are several opportunities for them to become involved in an agency’s NEPA process.

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N So, what are the rules? 5 The NEPA process to be followed by all federal agencies is specified in the CEQ regulations at 40 CFR ( implementing-procedural-provisions-nepa ) implementing-procedural-provisions-nepa Each federal agency will also have its own specific set of regulations detailing how that agency will conduct the NEPA process. These regulations must conform to the CEQ regulations cited above, but will vary in their details.

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N When is NEPA triggered? NEPA addresses any federal action that is potentially subject to an agency’s control and responsibility. 6 © IOOS Program

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N When is NEPA triggered? KEY POINT – NEPA starts with the need to make a decision. In the course of the NEPA process, the agency determines the environmental consequences of that decision. It ends when the agency has made that decision. The CEQ regulations and the specific agency regulations specify how they will conduct, share, and document the analysis of those environmental consequences. 7

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N How is NEPA analysis documented? 1) Categorical Exclusion Documents -Used when the agency determines that the environmental impacts of an action have no potential to be significant. 2) Environmental Impact Statements -Used when the agency expects the environmental effects of an action to be significant. 3) Environmental Assessments -Used to help the agency determine whether or not the environmental effects of the action will be significant. 8

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N What is a Categorical Exclusion? A Categorical Exclusion (CE) is a category of actions that the agency has determined has no potential to significantly affect the environment. Agency-specific NEPA regulations will describe the kinds of activities that may be categorically excluded. Typically there is no opportunity for agency cooperation or public involvement in the application of a CE. 9

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N Environmental Impact Statements Prepared for actions with significant effects on the environment. Includes mandatory public notices and opportunities for public involvement, including scoping periods, public comment periods, and notices in locations such as the Federal Register, local newspapers, and websites. May include opportunities for cooperation between agencies and tribes - depending on the subject matter, location of the action, etc. 10

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N Environmental Assessments (EA) An agency must prepare an EIS if a proposed action will have significant effects on the environment. Otherwise, they may prepare an EA. What is a significant effect? (40 CFR ) - context - intensity EA may end in a Finding of No Significant Impact (FONSI) or in a determination that an EIS is required. The level of agency cooperation and public involvement in an EA process varies by agency and action – check the agency’s specific NEPA regulations. 11

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N Forms of State and Public Involvement There are two common forms of state and public involvement in the NEPA process 1.Formal cooperation for agencies and tribes that are involved in the action or knowledgeable in the action or its effects. 2.Public scoping and comment for any agency, tribe, organization, or member of the public. 12

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N Involvement through formal cooperation Cooperating agencies complete the NEPA process together through a formal, written agreement. Cooperation is potentially time-consuming, but allows for the most robust involvement in the NEPA process. Potential cooperating agencies include: federal, state, or local government agencies or federally-recognized Indian tribes that propose (or are involved in) the same action or group of actions, or have relevant knowledge or expertise. May not cooperate: corporations, private companies, non- governmental organizations, universities, researchers, or other individuals. These groups may participate through public scoping and public comment periods. 13

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N Involvement through public scoping and comment Anyone may become involved through the public scoping and comment process. Public Scoping determines the range of issues (such as the impacts and alternatives) to be considered in the NEPA process. It occurs at the beginning of the EIS (and potentially the EA) process. Public Comment occurs following the release of the draft EIS or EA. The public may also comment after the Final EIS or EA. Agencies may hold public meetings, or might rely on Federal Register notices, websites, or local newspaper announcements for scoping and comment. 14

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N What is the public comment period? CEQ requires that certain NEPA documents be released to the public for review and comment. –Draft Environmental Assessments: may be released - depends on agency regulations, context, and public interest. The usual time period is 30 calendar days. –Draft Environmental Impact Statements: must be released for at least 45 calendar days. Agencies must assess and consider comments both individually and collectively. Agencies shall respond to public comments, which must be disclosed in the Final EIS. 15

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N Part 2 Introduction to Cumulative Effects 16

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N What are Cumulative Effects? CEQ defines cumulative impacts as “the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time.” (40 CFR ) 17

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N Why are Cumulative Effects Relevant? Your collective, local knowledge of “past, present, and reasonably foreseeable future actions” located in and around Lake Superior could represent a valuable resource to federal agencies working in your area. By making this resource available to federal agencies, your Working Group can position itself as a partner for federal agencies in need of local expertise. In exchange, the Working Group becomes involved in the federal planning process. 18

N A T I O N A L O C E A N I C A N D A T M O S P H E R I C A D M I N I S T R A T I O N Examples of Actions Considered in a Cumulative Effects Assessment Type, location, and extent of marine traffic Recent pollutant releases Coastal development projects underway or planned (e.g., residential subdivisions, commercial centers) Local economic projects / conditions Changes in local land use (e.g., agriculture, parks or preserved areas) as they affect water quality Research on climate effects as they affect Lake Superior 19