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<br />Implementation <br /> <br />In 1978 CEQ promulgated regulations [40 CFR <br />Parts 1500-1508] implementing NEPA which are <br />binding on all federal agencies, The regulations <br />address the procedural provisions of NEP A and <br />the administration of the NEP A process, <br />including preparation of EISs. To date, the only <br />change ip the NEP A regulations occurred on <br />May 27,1986, when CEQ amended Section <br />1502.22 of its regulations to clarify how agencies <br />are to carry out their environmental evaluations <br />in situations where information is incomplete or <br />unavailable. <br />CEQ has also issued guidance on various <br />aspects of the regulations including, an <br />information document on "Forty Most Asked <br />Questions Concerning CEQ's Notionol <br />Environmental Policy Act", Scoping Guidance, <br />and Guidance Regarding NEPA Regulations, <br />Additionally, most federal agencies have <br />promulgated their own NEPA regulations and <br />guidance which generally follow the CEQ <br />procedures but are tailored for the specific <br />mission and activities of the agency, <br /> <br />The NEP A Process <br /> <br />The NEP A process consists of an evaluation of <br />the environmental effects of a federal <br />undertaking including its alternatives. There are <br />three levels of analysis depending on whether or <br />not an undertaking could significantly affect the <br />environment. These three levels include, <br />categorical exclusion determination; preparation <br />of an environmental assessmenUfinding of no <br />significant impact (EAlFONSI); and preparation <br />of an environmental impact statement (EIS). <br />At the first level, an undertaking may be <br />categorically excluded from a detailed <br />environmental analysis if it meets certain <br />criteria which a federal agency has previously <br />determined as having no significant <br />environmental impact. A number of agencies <br />have developed lists of actions which are <br />normally categorically excluded from <br />environmental evaluation under their NEP A <br />regulations, <br />At the second level of analysis, a federal <br />agency prepares a written environmental <br />assessment (EA) to determine whether or not a <br />federal undertaking would significantly affect <br />the environment. If the answer is no, the agency <br />issues a finding of no significant impact <br /> <br />2 <br /> <br />(FONSI), The FONSI may address measures <br />which an agency will take to reduce (mitigate) <br />potentially significant impacts. <br />If the EA determines that the environmental <br />consequences of a proposed federal undertaking <br />may be significant, an EIS is prepared. An EIS is <br />a more detailed evaluation of the proposed <br />action and alternatives, The public, other federal <br />agencies and outside parties may provide input <br />into the preparation of an EIS and then <br />comment on the draft EIS when it is completed, <br />If a federal agency anticipates that an <br />undertaking may significantly impact the <br />environment, or if a project is environmentally <br />controversial, a federal agency may choose to <br />prepare an EIS without having to first prepare <br />an EA. <br />After a final EIS is prepared and at the time of <br />its decision, a federal agency will prepare a <br />public record of its decision addressing how the <br />findings of the EIS, including consideration of <br />alternatives, were incorporated into the agency's <br />decision-making process, <br />During the latter half of the 1980s, <br />approximately 450 draft and final EISs were <br />prepared annually on federal actions. During <br />that same period between 10,000 and 20,000 <br />EAs were prepared annually. <br /> <br />,. <br /> <br />EA And EIS Components <br /> <br />An EA is described in Section 1508.9 of the <br />Council's NEPA regulations, Generally, an EA <br />includes brief discussions of the following: the <br />need for the proposal; alternatives (when there <br />is an unresolved conflict concerning alternative <br />uses of available resources); the environmental <br />impacts of the proposed action and alternatives; <br />and a listing of agencies and persons consulted, <br />An EIS, which is described in Part 1502 of the <br />regulations. should include discussions of the <br />purpose of and need for the action, alternatives, <br />the affected environment, the environmental <br />consequences of the proposed action, lists of <br />preparers, agencies, organizations and persons <br />,to whom the statement is sent, an index, and an <br />appendix (if any). <br /> <br />Federal Agency Roles <br /> <br />The role of a federal agency in the NEI'A <br />process depends on the agency's expertise and <br />relationship to the proposed undertaking. The <br />agency carrying out the federal action is <br />responsible for complying with the requirements <br /> <br />'3 <br />