WSP01996

• File Number: 8149.911
• Description: PSOP Background
• Basin: Arkansas
• Date: 3/1/2000
• Author: Montgomery Watson
• Title: Permitting and Regulatory Issues Prepared for Arkansas Basin Future Water and Storage Needs Assessment Enterprise
• Water Supply Pro - Doc Type: Publication

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232:2
Federal Permitting Agencies

The primary permitting requirements for water projects are those administered under the
general requirements of the National Environmental Policy Act (NEPA). Under NEPA, either
an Environmental Impact Statement (EIS) or and Environmental Assessment (EA) of the
impacts of the proposed permitting activities is required (Department of Defense, 33 CFR
parts 230 and 325, 1988). Environmental Impacts are normally required for:

. feasibility reports for authorization and construction of major projects,
. changes which substantially increase the size of or add additional
purposes to projects, and
. proposed major changes in the operation and/or maintenance of
completed projects.

Permitting sections normally requiring an EA, but not necessarily an EIS include:

. Regulatory actions: most permits will normally require only an EA
. Authorized projects and projects under construction: changes that may
be approved under the discretionary authority of the Secretary of the
Army.
. Continuing authorities programs Projects recommended for approval if
the Chief of Engineers such as the section 205, Small Flood Control
Authority.
. Construction and Operation Maintenance: Changes and environmental
impacts that were not considered in the project authorizing legislation,
EIS or EA. Examples are changes in pool level operations, use of new
disposal areas, location of bank protection works; etc.
. Real Estate Management and Disposal Actions.

Lead Agency

If more than one Federal Agency has permitting responsibility, as in the case for these
alternatives, a lead federal agency is determined. Lead agency status is determined by
consultation among potential permitting agencies and is determined by the following factors
(40 CFR 1501.5):

1. Magnitude of each agencies involvement
2. Project approval/disapproval authority;
3. Expertise concerning the actions environmental effects;
4. Duration of each agency's involvement;
5. Sequence of each agency's involvement.

Lead agency status has not been determined for each of the projects under consideration and,
in accordance with the above regulations, will be determined by consultation among the
agencies after permitting activities are initiated.

The following outlines a summary of the Permitting Issues by agency.

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