proposed rule to revise nepa procedures (36 cfr part 220) · 2019-07-15 · webinar agenda 3:30 –...

United States Department of Agriculture

Proposed Rule to Revise NEPA Procedures (36 CFR Part 220)

Information-Sharing Webinar


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Webinar Logistics In the File Pod: Webinar Logistics slide deck with helpful information about Adobe Connect.

Proposed Rule, NEPA Rule Fact Sheet, NEPA Rule Detailed FAQs.

Webinar Audio:

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Webinar Agenda 3:30 – 3:40 EDT – Webinar Agenda Overview and Objectives

Brad Kinder, Ecosystem Management Coordination, USDA Forest Service – Washington Office

3:40 – 3:50 EDT - Setting the Stage Frank Beum, Acting Associate Deputy Chief, National Forest System, USDA Forest Service – Washington Office

Dave Neely, Acting Deputy Director, Ecosystem Management Coordination, USDA Forest Service – Washington Office

3:50 – 4:30 EDT - Proposed updates to USDA Forest Service NEPA regulations (36 CFR Part 220) Sam Gaugush, NEPA Specialist, Ecosystem Management Coordination, USDA Forest Service – Washington Office

Megan Healy, NEPA Specialist, Ecosystem Management Coordination, USDA Forest Service – Washington Office

4:30 – 4:55 EDT- Question and Answer Session (from question pod) Steve Stadelman, NEPA Specialist, Ecosystem Management Coordination, USDA Forest Service – Washington

Office

4:55 – 5:00 EDT - Next Steps and Closing Remarks Dave Neely, Acting Deputy Director, Ecosystem Management Coordination, USDA Forest Service – Washington

Office

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Webinar Objectives Provide a detailed description of the

proposed updates to the USDA Forest Service regulations for compliance with the National Environmental Policy Act (36 CFR Part 220).

Answer questions about these proposed updates.

Describe next steps in the rule revision process.

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Setting the Stage

• Frank Beum, Acting Associate Deputy Chief, National Forest System, USDA Forest Service – Washington Office

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Setting the Stage

• Dave Neely, Acting Deputy Director, Ecosystem Management Coordination, National Forest System, USDA Forest Service – Washington Office

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National Environmental Policy Act (NEPA) Overview Two goals:

Consider the environmental impacts of proposed actions and

Inform the public that agencies considered environmental concerns in their decision-making process

NEPA statute, Council on Environmental Quality regulations, Agency NEPA regulations

Types of NEPA review:

Environmental Impact Statement

Environmental Assessment

Categorical Exclusion

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Why is the Forest Service Doing This? To increase efficiency in environmental

analysis while meeting NEPA’s requirements and fully honoring environmental stewardship responsibilities.

Shifts in funding and staffing from non-fire to fire programs, resulting in fewer resources available for other management activities.

Special Use Permit Backlog.

Acres at risk of fire/insect/disease.

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Re-Ordering the Regulations

Current Regulations

220.1 Purpose and scope.

220.2 Applicability.

220.3 Definitions.

220.4 General requirements.

220.5 Environmental impact statement and record of decision.

220.6 Categorical exclusions.

220.7 Environmental assessment and decision notice.

Proposed Rule

220.1 Purpose and scope.

220.2 Applicability.

220.3 Definitions.

220.4 General requirements.

220.5 Categorical exclusions.

220.6 Environmental assessment and decision notice.

220.7 Environmental impact statement and record of decision.

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Codifying Condition-Based ManagementIn simple terms:

If this condition occurs or is present, thenthis action will occur.

Sometimes called the “toolbox approach.”

Based on existing practice.

Codifying to provide clear, consistent direction on its use, and to encourage more widespread use.

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Updating Scoping and Public Engagement Approaches

Maintains requirement to provide public notice through the Schedule of Proposed Actions.

Continues to require scoping for environmental impact statements—following Council on Environmental Quality regulations.

Specific requirements of other statutes and regulations still apply (such as notice-and-comment requirements of the project-level objections process).

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Updating Scoping and Public Engagement Approaches Continued

Provides discretion to conduct additional public engagement, especially for categorical exclusions and environmental assessments.

Allows the agency to tailor its public engagement strategy to the specific needs of a given project.

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Determination of NEPA Adequacy

A process for determining whether a completed Forest Service NEPA analysis can satisfy NEPA’s requirements for a subsequent proposed action.

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Other Changes Extraordinary Circumstances:

Likelihood of substantial adverse effects.

List of resource conditions.

Emphasizing the purpose of environmental assessments.

Actions that normally require environmental impact statements.

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New and Revised CEs – How We Got Here Based on review of previously implemented projects, input from subject matter

experts, and benchmarking against other Federal agencies’ CEs.

Substantiation information is outlined in the supporting statements available online.

CEs are subject to the extraordinary circumstances review and projects using the CEs must be consistent with Forest Plans and all laws, regulations, and policies.

Primarily focused on addressing needs for special use authorizations, infrastructure management, and restoration projects.

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New and Revised CEs – Special Uses Goal: Clarify use of existing CEs and provide new tools to more

efficiently process special use permit applications.

Clerical modification or reauthorization of existing special use authorizations; applicable when no changes to scope or intensity of authorized activities.

Issuance of new authorization or amendment of an existing authorization for activities in existing areas or that are consistent with land management plans or other documented decision.

Approval, modification, or continuation of special uses requiring less than 20 acres of NFS lands.

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New and Revised CEs – Infrastructure Goal: Address infrastructure needs to provide safe access

to our National Forests and address resource impacts.

Restoration, rehabilitation, and stabilization of lands occupied by unauthorized and National Forest System roads and trails.

Facilities management for existing administrative and recreation sites and facilities on National Forest System lands.

Conversion of unauthorized or non-system roads and trails to National Forest System Roads and Trails.

Construction, realignment, reconstruction of National Forest System Roads, including bridge and culvert rehabilitation. Mileage limits apply.

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New CEs - Restoration Goal: Provide additional tools for the Agency to conduct

restoration activities to reduce the risk of wildfire, insect epidemics, and forest diseases.

Ecosystem and resilience activities, such as prescribed burning, terrestrial and aquatic habitat improvement, stream restoration, hazardous fuels reduction, and invasive species control.

Limited to activities to improve ecosystem health, resilience, and other watershed conditions on up to 7,300 acres.

Harvested acres cannot exceed 4,200 acres and commercial and non-commercial timber harvest activities must be carried out in combination with another restoration activity.

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New CEs – Use of other Agency’s CE Goal: Provide more flexibility when working jointly with another Federal agency.

A Forest Service action that will be implemented jointly with another Federal agency and the action qualifies for a CE of the other Federal agency.

Written concurrence must be received from the other Federal agency confirming that its CE applies to the proposed action.

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How to Comment60-day Public Comment Period Concludes August 12, 2019

Three ways to submit comments:

• Public Participation Portal (Preferred Method) –https://www.regulations.gov/docket?D=FS-2019-0010

• Mail: NEPA Services Group, c/o Amy Barker, USDA Forest Service, 125 South State Street, Suite 1705, Salt Lake City, UT 84138

• Email: [email protected]

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https://www.regulations.gov/docket?D=FS-2019-0010

mailto:[email protected]


Question and Answer Session22


Next Steps and Closing Remarks

• Other information on the proposed rule is available at:https://www.fs.fed.us/emc/nepa/revisions/index.shtml

• Second webinar will be held July 12, from 3:30-5:00 pm (Eastern). The same content will be presented.

• Webinar recordings will also be posted at the link above once available.

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https://www.fs.fed.us/emc/nepa/revisions/index.shtml


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proposed rule to revise nepa procedures (36 cfr part 220) · 2019-07-15 · webinar agenda 3:30 –...

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