NEPA
Regulations issued to assist federal agencies implement the Procedural Provisions of the National Environmental Policy Act (40 CFR §§ 1500–1508).
What are CEQ Regulations?
Prohibits, with certain exceptions, the "take" of marine mammals in U.S. waters and by U.S. citizens on the high seas.
What is the Marine Mammal Protection Act of 1972?
Consultation that is required when waters of the United States are modified by a federal action or federally permitted action.
What is the Fish and Wildlife Coordination Act?
National Historic Preservation Act, Historic Sites Act, Antiquities Act, and the Abandoned Shipwreck Act.
What are historic preservation laws?
No consequences to listed species or critical habitat that result from the proposed action.
What is a "no effect" determination?
The specific objectives of agency’s proposed action; and the broader underlying social/agency need or legal/legislative requirement to which agency is responding.
What is the Purpose and Need?
Organizes federal review and authorization process, requests cooperation from federal agencies with jurisdiction or special expertise, identifies and invites participating agencies.
What are lead agency responsibilities under E.O. 13807 or One Federal Decision?
Provides important ecological functions, sensitive to human-induced environmental degradation and maybe rare.
What are Habitats Areas of Particular Concern or HAPCs?
Requires federal agencies to consider the effects on historic properties of projects they carry out, assist, fund, permit, license, or approve throughout the country.
What is Section 106 of the National Historic Preservation Act of 1966?
A Federal action agency determines that a project is Not Likely to Adversely Affect federally listed species and/or critical habitat.
What is informal consultation?
Category of actions which do not individually or cumulatively have a significant effect on the human environment.
What is a categorical exclusion?
Caused by the action and occurs at the same time and place.
What are direct effects?
A Federal Action Agency’s analysis of adverse effects under the Magnuson-Stevens Act should focus on impacts to the habitat for all life stages of species.
What is an EFH Worksheet or Assessment?
A 10-step process whereby the cultural resource, tribal liaison (if applicable) and project team members are engaged.
What is a Section 106 review?
If an agency's actions are determined to result in adverse effects to listed species or critical habitat are expected.
What is formal consultation?
Describes the proposed action, scoping process and public involvement (e.g. scheduled meetings), CEQ Regulation 1506.6.
What is a Notice of Intent?
Exposure of the impact will be limited in duration and recovery may be expected to occur.
What is a temporary effect?
The final document prepared by the USFWS or NOAA Fisheries, as part of the SMART Planning Process, and is included in the final report of the District Engineer, i.e. final feasibility/integrated NEPA report.
What is a Final Fish and Wildlife Coordination Act Report or Final CAR?
When an undertaking may alter, directly, indirectly or cumulatively any of the characteristics of a historic property.
What is an adverse effect?
USFWS or NOAA Fisheries will prepare a Biological Opinion in response to this document that is prepared by the action agency.
What is a Biological Assessment?
Supreme Court decision:…it is now well settled that NEPA itself does not mandate particular results, but simply prescribes the necessary process…Other statutes may impose substantive environmental obligations on federal agencies, but NEPA merely prohibits uninformed – rather than unwise – agency action.”
What is Robertson vs Methow Valley (1989)?
Requires federal agencies to process reviews and authorizes decisions for major infrastructure projects.
What is One Federal Decision?
Any direct or indirect impact that reduces the quality and/or quantity of the habitat and range from large-scale ocean uses to small-scale projects along the coast.
What is an adverse effect under EFH?
Tribal consultations under Section 106 and NEPA.
What is "required?"
ESA coordination involving "an act of God, disasters, casualties, national defense or security emergencies, etc., and includes response activities that must be taken to prevent imminent loss of human life or property."
What is an emergency consultation?