nepa process

Established in 1969, the National Environmental Policy Act (NEPA) mandates that federal agencies assess the environmental impacts of their proposed actions before decisions making. The Council on Environmental Quality (CEQ), under Title 40 Code of Federal Regulations (CFR) 1500-1508, recognizes NEPA as a procedural law designed to ensure that all branches of government, to include the Army, consider the environment before undertaking any major federal action that has potential to significantly affect the quality of the human environment.

The NEPA process is initiated when a proposed action requires federal funds, essential for Army projects. These federal funds are often necessary for actions covering construction of new buildings, upgrades to training ranges, evaluations of an Installation’s training capabilities and mission effectiveness, as a few examples.

In this framework, the proponent—the office advocating for the proposed action—plays a crucial role. The proponent is responsible not only for outlining the proposed action but also for securing and allocating the federal funds to ensure its implementation. The NEPA process serves to evaluate the potential environmental impacts of these federally funded activities, ensuring that decisions are made with consideration of both development needs and environmental stewardship.

Guidance for how the Army applies NEPA can be found in Title 32 CFR Part 651 Environmental Analysis of Army Actions (AR 200-2). These procedures assess the potential environmental impacts of proposed actions, ensuring compliance with NEPA requirements, and engaging with stakeholders throughout the process. By following these guidelines, the Army aims to balance its mission objectives with environmental protection and sustainability.

The Army NEPA process can be broken down into six steps:

1. Once a proposed action has been identified, it is essential to clearly articulate the purpose and need for the action. This involves outlining the specific objectives that the action aims to achieve, as well as the underlying rationale that necessitates its execution. Developing a well-defined purpose and need statement not only supports the requirements of the project but also serves as a foundation for the subsequent analysis and decision-making processes. This step ensures that stakeholders and decision-makers understand the significance of the proposed action, the problems it intends to address, and how it aligns with broader organizational goals and mission objectives.
2. The development of an Initial Scope of Work Planning Package (ISOWPP) is essential in streamlining the NEPA analysis, as it lays out foundational elements. This package establishes a preliminary format for the analysis and considers the “no action” alternative alongside other potential alternatives. It identifies relevant environmental, cultural, and socioeconomic laws and regulations, ensuring compliance and comprehensive evaluation. Additionally, the ISOWPP pinpoints supporting studies and reports needed for informed analysis, recognizes the involvement of other agencies and stakeholders, and designates points of contact to facilitate communication. By establishing these essential components, the ISOWPP enhances the efficiency and effectiveness of the NEPA review process.
3. In this step, the supporting analyses, studies, and reports identified earlier are carried out by professionals in their respective environmental fields. This process often involves multiple reviews from other agencies and stakeholders, promoting collaboration and gathering diverse input to enhance the quality of the information presented. By engaging a range of perspectives, the Army seeks to ensure that the data is as clear and comprehensive as possible, thereby informing the evaluation of each alternative. Additionally, this step may involve the identification of mitigation measures and necessary permitting.
4. The NEPA document is developed concurrently with the previous step, reflecting the findings and analyses conducted. Depending on the significance of the proposed action, this document will take the form of either an Environmental Assessment (EA) or an Environmental Impact Statement (EIS). An EA is typically used for actions that are not expected to significantly affect the environment, while an EIS is required for actions that may have substantial environmental impacts. This distinction ensures that the level of analysis is appropriate to the potential consequences of the proposed action, facilitating informed decision-making.
5. Following several rounds of internal review by stakeholders and occasionally coordinating agencies, draft versions of the EA or EIS will be made available to the public for comment. The EA is released for a 30-day review period, while the EIS is available for 45 days. After the public comment periods conclude, all comments received will be compiled into an appendix and included in the final NEPA documents, and the installation's responses to these comments will also be made accessible for public viewing. This step ensures transparency and demonstrates the Army's commitment to addressing public concerns and incorporating feedback into the NEPA process. Furthermore, an EA does not require a final public comment period while an EIS does get released for a final public comment period to reassure the public of well-informed decision-making.
6. Finally, decision-makers will review the information presented in the analysis and select an outcome. An EA may lead to either a Finding of No Significant Impact (FNSI or FONSI) or a recommendation to proceed with an EIS if significant impacts are identified during the analysis. The outcome of the EIS is documented in a Record of Decision (ROD). These documents clearly outline the selected alternative, any associated mitigation measures, and the rationale behind the decision, ensuring transparency and accountability in the NEPA process. This finalization is crucial for advancing project implementation while ensuring compliance with environmental considerations.