| |||
|
|
|||
NEPA Task Force May 20, 2002 Synopsis and Frequently Asked Questions and Answers Synopsis:
Why the Task Force? Why Now?
The purpose of the NEPA Task Force is to seek ways to improve and modernize NEPA analyses and documentation and to foster improved coordination between all levels of government and the public. The latest CEQ study was completed in 1997, The National Environmental Policy Act: A Study of its Effectiveness After Twenty-five Years and provided an evaluation of the then state-of-art in NEPA implementation. The current effort is not triggered by any specific event, but rather by the recognition that NEPA implementation should be reviewed.
NEPA has stood strong for over 30 years as an effective tool for environmental consideration as a transparent component of the Federal decision making process. Societal values, norms, and communication networks have all changed since the 1980’s. The Task Force will make every effort to uncover effective practices among all Federal agencies and foster exchange of those practices throughout the environmental review community. Where NEPA procedures and guidance do not appear to be responsive to changes in technology, communication and decision-making, the Task Force may recommend improvements.
The Task Force was staffed with approximately nine full and part-time Federal agency representatives funded through the host agencies until January 2003, at which time they returned to their home agencies and are assisting task force efforts to conclude the report and case study publication. Agencies contributing members include: the Department of Energy, the National Oceanic and Atmospheric Administration; the Army Corps of Engineers; the U.S. Forest Service; the Bureau of Land Management; the Department of Transportation; the U.S. Geological Survey; and the Environmental Protection Agency.
What Are the Products and How Will You Communicate the Results?
The Task Force became effective May 20, 2002. Its life span is through early 2003, at which time the Task Force will provide CEQ with a report making recommendations for improving NEPA implementation. For example, the Task Force may recommend areas where guidance may be useful to institutionalize best practices, where additional clarification in NEPA implementing policy may benefit NEPA practitioners, or where regulatory changes should be pursued. Any action to effect regulatory changes would require public notice and comment and be published in the Federal Register. The case studies are also expected to be ready for publication in the spring of 2003.
In the spirit of an open and accessible process, CEQ has established a web site for the Task Force and all of its products. Information including all public comments received during the comment period, as well as any products will be available from a NEPA Task Force link on the CEQ web site at www.whitehouse.gov/ceq. What Topics Will Be Considered?
The Task Force will initially evaluate six areas to produce case studies and best practices and to identify current practices that may require additional CEQ guidance: (1) information management and security, (2) Federal and inter-governmental collaboration, (3) programmatic analysis and tiering, (4) adaptive management and monitoring, (5) categorical exclusions, and (6) additional areas such as environmental assessment documentation.
The Task Force will evaluate such topics as barriers and challenges faced by agencies and the public in using new information technologies in NEPA. Questions for consideration include: what data sources are currently used for NEPA analyses and are these data sources shared and available to cooperators and the public; what protocols are used to standardize these data; and what communication tools have been most effective for stakeholders, agencies and the public.
The Task Force has not been tasked with instituting measures to exempt specific actions from NEPA review. Rather, the Task Force may address measures that have been effective in accommodating issues involving sensitive information while still meeting environmental impact assessment requirements.
The Task Force is particularly interested in the ways in which Federal agencies have identified and used cooperating agency status under NEPA. It is interested in whether these arrangements have been formal or informal and what agreed upon arrangements appear to work best. In addition, the Task Force will explore questions surrounding collaboration with non-government interests.
The Task Force will evaluate the extent to which program analyses have been used by the Federal agencies and the depth of analysis that is associated with these documents. The Task Force will explore how program analyses increase efficiencies of NEPA at subsequent level of decision making and what issues best lend themselves to programmatic analysis.
The Task Force will explore when adaptive management has been used; when subsequent analyses are required; and what levels of monitoring are necessary for an adaptive management approach to be successful. In addition, the Task Force will consider the potential connections between adaptive management and environmental management systems.
The Task Force will consider the bases and process for developing categorical exclusions; the processes used by agencies in promulgating CE’s; and the potential processes for establishing categorical exclusions similar to those that have already been developed by other agencies.
The CEQ regulations provide great flexibility for the content of environmental assessments. As a result, EA’s are prepared by a number of varying approaches, and content/organization is inconsistent among the Federal agencies. The Task Force will gather information on the utility of these documents and seek successful formats and organizations of EA’s.
Many topics could be considered, however the Task Force is focused on those topics most relevant to the current climate in technology and innovation as well as areas that will prove most effective in improving efficiency in NEPA implementation.
 |