NEPA STREAMLINING EXCERPTS FROM THE NEPA TASK FORCE REPORT TO THE COUNCIL ON ENVIRONMENTAL QUALITY

• Jurisdiction: United States

Natural Resources and Environmental Administrative Law and Procedure II
(Sep 2004)
CHAPTER 13C
NEPA STREAMLINING EXCERPTS FROM THE NEPA TASK FORCE REPORT TO THE COUNCIL ON ENVIRONMENTAL QUALITY
Horst G. Greczmiel
Council on Environmental Quality
Washington, D.C.

Horst G. Greczmiel joined the Council on Environmental Quality (CEQ) in November 1999 as the Associate Director for National Environmental Policy Act (NEPA) Oversight. His work at CEQ includes being the Director of the National Environmental Policy Act Task Force which issued its report, Modernizing NEPA Implementation, September 2003, with numerous recommendations designed to make NEPA implementation more effective and timely. Prior to CEQ, he was with Coast Guard Headquarters, Office of Environmental Law, in Washington, DC, where he was responsible for policy development and litigation involving environmental planning compliance responsibilities. Earlier, Mr. Greczmiel practiced law in the Public Defender's Office (Camden, NJ), in a private firm, and in the U.S. Army. His service in the Army included tours with the Office of The Judge Advocate General's Environmental Law Division and as an environmental advisor to the Deputy Assistant Secretary of the Army for Environment, Safety and Occupational Health.

Mr. Greczmiel received his B.A. from Lafayette College, Easton, PA; J.D. from Rutgers - Camden School of Law, Camden, NJ; and LL.M. in environmental law from George Washington University, Washington, DC. He resides in Fairfax, VA, with his wife, Maria C. Fernandez-Greczmiel and their son George.

Excerpt #1 Priority Recommendations from Modernizing NEPA Implementation

Recognizing that priorities must be set and understanding that action on the remaining recommendations should also be taken, the task force recommends that CEQ initially focus on the following five recommendations regarding categorical exclusions, environmental assessments, federal and interagency collaboration, programmatic analyses and tiering, and adaptive management and monitoring.

1. Categorical Exclusions

The task force recommends that CEQ issue guidance to clarify and promote consistent practices for the development, documentation, public review, approval, and use of categorical exclusions by Federal agencies.

2. Environmental Assessments

The task force recommends that CEQ issue guidance to:

• Recognize the broad range in size of EAs;

• Clarify that the size of environmental assessments should be commensurate with the magnitude and complexity of environmental issues, public concerns, and project scope;

• Describe the minimum requirements for short environmental assessments; and

• Clarify the requirements for public involvement, alternatives, and mitigation for actions that warrant longer environmental assessments including those with mitigated findings of no significant impact.

In the near term, CEQ should issue a clarifying memo reiterating the minimum statutory and regulatory requirements for EAs when a short EA is warranted.

3. Federal and Interagency Collaboration

The task force recommends that CEQ form a Federal Advisory Committee to provide advice to CEQ on:

• Identifying, developing, and sharing methods of engaging Federal, State, local, and Tribal partners in training designed to educate them about the principles of NEPA, agencies' missions, and collaboration skills.

• Developing guidance addressing the components of successful collaborative agreements and providing templates applicable to various situations and stages of the NEPA process.

• Developing training for the public on NEPA requirements and effective public involvement.

• Developing a "Citizen's Guide to NEPA."

4. Programmatic Analyses and Tiering

The task force recommends that CEQ convene a Federal Advisory Committee to provide advice to CEQ on the different uses of programmatic analyses, tiering, and associated documentation; and, where necessary, provide advice on guidance or regulatory change to clearly define the uses and appropriate scope, range of issues, depth of analyses, and the level of description required in NEPA documentation.

5. Adaptive Management and Monitoring

The task force recommends that CEQ convene an adaptive management work group to assess the applicability of NEPA guidance and regulations related to adaptive management and to consider integrating the NEPA process with environmental management systems. The proposed work group should prepare the appropriate adaptive management guidance or regulatory changes. Further, we recommend that the work group initiate a pilot study to identify, implement, and document representative actions using an adaptive management approach during the NEPA process and work collaboratively with CEQ to identify aspects of the analyses and documentation requiring CEQ guidance or regulatory action.

The Role of Technology

CEQ can also facilitate and enhance NEPA improvement by acting on the recommendations in the Technology and Information Management and Security chapter. Agencies will continue, with or without CEQ, to develop information technologies and systems and improve information management to improve their NEPA processes. The task force believes that CEQ leadership, especially in a coordinating role, to encourage and facilitate the exchange of information among agencies and between the NEPA and information technology /information management communities has the potential to greatly enhance that progress.

Excerpt #2 Detailed Synopses of Recommendations from Modernizing NEPA Implementation

In a memorandum dated April 10, 2002, James L. Connaughton, Chairman, Council on Environmental Quality (CEQ), established the National Environmental Policy Act (NEPA) task force. On May 20, 2002, the task force, composed of Federal agency employees with diverse skills, expertise, and perspectives, began its review of current NEPA implementation practices and procedures to determine opportunities to improve and modernize the NEPA process. The task force examined the "nuts and bolts" of NEPA implementation by focusing on:

• Technology and information management and security;

• Federal and intergovernmental collaboration;

• Programmatic analyses and tiering;

• Adaptive management and monitoring;

• Categorical exclusions; and

• Environmental assessments.

The task force interviewed Federal agencies; reviewed public comments, literature...