Presentations text content in NEPA – What Realty Specialists Need to Know
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NEPA – What Realty Specialists Need to Know
Tracy A. Ribeiro
DOE-Office of Legacy Management
NEPA Compliance Officer/Environmental Program Manager
DOE FIMS/Real Estate Workshop
May 2017
Slide2NEPA – What Realty Specialists Need to Know
TOPICS
NEPA Regulations
When does NEPA Apply?Basic Features of NEPATypes of NEPA DocumentsCategorical ExclusionsEnvironmental AssessmentsEnvironmental Impact Statements
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= Nugget of Information
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NEPA Regulations
National Environmental Policy Act (NEPA)
NEPA became law January 1, 1970First major environmental law in the United States
Established national environmental policies, set goals, and provided means for carrying out policiesEstablished a Council on Environmental Quality (CEQ)Reports to PresidentEstablished NEPA regulations
and provided NEPA guidance to federal agencies
All U.S. federal agencies must develop internal procedures
for compliance
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DOE has regulations and procedures, which do differ from other agency regulations and procedures
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When does NEPA Apply?
Applies to any DOE action affecting the quality of the environmentAction means a project, program, plan, or policy…that is subject to DOE's control and responsibility (e.g., DOE makes a decision or provides funding
)Action does not have to be significant to warrant NEPA review
Need to consider affects on all of the following- type of media (air, water, soil), humans (noise, health, social), and both cultural and natural resources Not restricted to “turning a shovel”Reasonably connected actions cannot be separated (no segmentation) Ex. Establishing a lease should take into consideration how the property will be used and what actions will be performed on the property4
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Basic Features of NEPA
A decision-making
process to be incorporated into project planningEnsures stakeholders are informed in decisions regarding human and natural environments
Must be completed before a action can be takenDoes not set standards for environmental protection or conservationCompliance with other laws is not a substitute for compliance with the NEPA process and vice-versaDoes not require selection of the most environmentally protective alternative, nor prohibit all adverse environmental effects
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Types of NEPA Review Documents
Categorical Exclusion (CatEx) determination
Environmental Assessment (EA)Environmental Impact Statement (EIS)
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Potentially Increasing-
Affects
Public interaction
Time to completion
Costs
DOE NEPA Actions Since 2010
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Types of NEPA
Documents – CatEx
Each federal agency has developed categorical exclusions which are categories of actions that do not individually or cumulatively have a significant effect on the human environment
NEPA Compliance Officer makes determinationDOE has 2 types of CatExsGeneral Agency Actions:Typically administrative, only require a cursory NEPA reviewExamples-Routine DOE business actions
Information
gathering, analysis, and
dissemination
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Be Careful! Real property actions may not just be “routine business actions”, especially if they are connected with other actions
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Types of NEPA
Documents- CatEx
Specific Agency Actions:Are subject to five special conditions in order for them to be excluded
Require a documented NEPA review Require external posting of resulting determinationsExamples-Siting, construction, modification, decommissioning ofSupport buildingsWells (water wells or monitoring wells)
Meteorological towers
Property Transfers
Real or personal propertyTransfer, lease, disposition, or acquisitionDetermination of excess real property
Installation and relocation of machinery, equipment, and instrumentation
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Slide9Photos to be added
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Types of NEPA
Documents- EAs and EISsAn Environmental Assessment
(EA) or an Environmental Impact Statement (EIS) should be prepared if an action is
not categorically excluded by DOE or the action has special conditionsEA Can be used as the review if it is unclear if impacts will be significant Can be bypassed by moving directly to an EISThe determination document can be A Finding of No Significant Impact (FONSI) or A decision to proceed to an EIS
Facilitates preparation of an EIS when one is necessary.
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Types of NEPA Documents- EAs and EISs
EIS
Required if proposed actions have high level of public concern or impacts that are considered significantMay initiate an EIS without a preceding
EAProvides detailed analysis of the affected environment
The determination document is called a Record of Decision (ROD)11
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General
Summary of
NEPA Documents12
* DOE’s Implementing Procedures (10 CFR Part 1021)
NEPA – What Realty Specialists Need to Know
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