1 Overview of National Environmental Policy Act (NEPA)  Objective: Clarify the roles of NEPA and Negotiated Rulemaking Clarify the roles of NEPA and Negotiated Rulemaking

2 NEPA  Was passed in 1969  Is called “the foundation of modern American environmental protection” (CEQ 1997)

3 NEPA is:  Called compliance by some because it is a legal requirement for federal agencies  It is much more accurately described as a required environmental planning process

4  Set environmental policy goals  Imposed analysis and public review requirements on federal decision makers  Created the Council on Environmental Quality or CEQ NEPA

5 NEPA’s Purpose (Sec. 2 of the law) “To declare a national policy which will encourage productive and enjoyable harmony between man and his environment;…

6 NEPA’s purpose cont’d to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man;… NEPA’s purpose cont’d to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man;… NEPA’s purpose cont’d to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man;…

7 NEPA’s purpose cont. to enrich the understanding of the ecological systems and natural resources.”

8 Actions requiring NEPA environmental planning:  Any federal action or federal decision being considered that would, if implemented, have an impact on the human environment  Projects, plans, grants, official policy, permits, rulemaking may trigger the need for NEPA review

9 Umbrella statute  Whereas other environmental laws regulate a “piece” of the environment– threatened or endangered species, cultural resources eligible for National Register listing, floodplains or wetlands, etc., NEPA applies to the entire “human environment”

10 Human environment “…shall be interpreted comprehensively to include the natural and physical environment and the relationship of people with that environment.”

11 Key Elements of the NEPA planning process  Look at all reasonable alternatives, including No Action  Clearly differentiate between alternatives  Analyze impacts using reliable scientific data and a problem solving approach

12 Elements of the NEPA planning process  Include the big picture- cumulative, connected, indirect actions and impacts  Write all this up in lay language for public review and incorporate public comments

13 NEPA and Reg-Neg  What’s the difference?

14 NEPA  Required by law  Analyzes the impacts of a range of reasonable alternatives  Uses the analysis in decision - making Negotiated Rulemaking (Reg-Neg) Negotiated Rulemaking (Reg-Neg)  Voluntary  Supplements notice-and- comment procedures of rulemaking with a negotiation process before an agency issues a proposed regulation

15 NEPA  Involves the interested and affected public before any decision affecting the environment is made Reg-Neg Reg-Neg  Uses a negotiated rulemaking committee of appointed stakeholders

16 Golden Gate National Recreation Area Dog Management Plan/Environmental Impact Statement

17 Why is a Management Plan Needed?  Recent court decisions  Park concerns about visitor conflicts  Visitor and staff safety  Increased Park awareness of resource management issues

18 Purpose of the Plan/EIS  Develop a range of reasonable alternatives that will provide clear, enforceable guidelines to determine the manner and extent of dogwalking in appropriate areas of the park.

19 Plan Objectives  Provide for a variety of safe, high quality visitor experiences, including areas where dogwalking is allowed.  Protect native species and habitat, including any threatened, endangered, unique, or rare species from impacts associated with dogwalking.  Minimize degradation of soil and water resources from dogwalking.

20 Plan Objectives, cont…  Ensure a safe and healthy working environment for park staff.  Be clear, easy to understand, and include educational components.  Be enforceable.  Be adaptable to changing needs and research and monitoring results.

21 NEPA and Reg-Neg  How do they interact?

22 NEPA Process  Internal scoping – IDT develops purpose, need, objectives, and identifies issues Reg-Neg Process  Neutral (convener) interviews stakeholders  Neutral issues Assessment Report with recommendation to proceed with negotiated rulemaking

23 NEPA Process  Internal scoping continues to collect data and identify data gaps Reg-Neg Process  NPS decides to proceed with negotiated rulemaking

24 NEPA Process  NPS shares internal scoping information with the public; public scoping period begins Reg-Neg Process  Reg-Neg Committee established and meetings begin  Reg-Neg Committee reviews internal scoping information

25 NEPA Process  Public scoping -- obtains public input on purpose, need, objectives, issues and preliminary alternatives for the plan -- obtains public input on purpose, need, objectives, issues and preliminary alternatives for the plan Reg-Neg Process  Reg-Neg Committee members may attend public scoping meetings

26 NEPA Process  NEPA contractor prepares analysis of public scoping comments; NPS reviews Reg-Neg Process  Reg-Neg Committee reviews public scoping information

27 NEPA Process  NEPA contractor, NPS staff meet with Reg-Neg Committee to discuss potential range of alternatives for the EIS  Information from Reg-Neg meetings and public scoping comments considered in developing range of reasonable alternatives Reg-Neg Process  Reg-Neg Committee continues meetings

28 NEPA Process  NPS staff and NEPA Contractor meet with Reg-Neg Committee to discuss impact analysis process, present agency requirements and discuss preliminary range of alternatives for initial impact analysis Reg-Neg Process  Committee provides preliminary consensus on alternative(s) for impact analysis to NPS

29 NEPA Process  NEPA Contractor prepares preliminary impact analysis of alternatives Reg-Neg Process  Reg-Neg Committee reviews/ discusses impact analysis discusses impact analysis

30 NEPA Process  NEPA Contractor prepares internal Draft EIS Reg-Neg Process  Reg-Neg Committee prepares preliminary draft consensus for proposed rule

31 NEPA Process  NPS staff shares info from internal Draft EIS with Reg-Neg Committee ;  NPS staff reviews with Reg-Neg Committee draft consensus for proposed rule, identification of NEPA preferred alternative and environmental ly preferred alternative Reg-Neg Process  Reg-Neg Committee continues to discuss consensus for proposed rule, taking into consideration the internal draft EIS impact analysis

32 NEPA Process  NEPA Contractor finalizes draft EIS, with preferred alternative (which should represent the Reg-Neg Committee’s consensus/ proposed rule) proposed rule) Reg-Neg Process  Reg-Neg Committee finalizes consensus on proposed rule

33 NEPA Process  NPS and the Department of the Interior approve release of Draft EIS - no public meetings until 30 days after Notice of Availability published in the Federal Register Reg-Neg Process

34 NEPA Process  Draft EIS out for 60-day public review  Obtain public comments Reg-Neg Process  Proposed rule out for public review at same time as Draft EIS  Reg-Neg Committee (or subcommittee) attends any public comment meetings

35 NEPA Process  Public comment closes; summary of public comments is prepared Reg-Neg Process  Reg-Neg Committee (or subcommittee) meets with NPS staff and NEPA contractor to discuss public comments and any remaining issues to be resolved

36 NEPA Process  Consider comments Reg-Neg Process  Reg-Neg Committee refines consensus on proposed rule if needed

37 NEPA Process  Final EIS is prepared, (alternative to be implemented should represent Reg- Neg Committee recommend- ation for final rule) Reg-Neg Process  Reg-Neg Committee negotiates consensus agreement on recommend- ation for final rule

38 NEPA Process  NPS and the Department of the Interior approve publication of Final EIS  File Final EIS with EPA and publish NOA. 30 day waiting period begins before Record of Decision (ROD) can be signed Reg-Neg Process  Reg-Neg Committee reviews Final EIS  Reg-Neg Committee (or subcommittee) is available to meet if issues arise during the 30 day waiting period

39 NEPA Process  Regional Director signs ROD  ROD is published in Federal Register Reg-Neg Process

40 NEPA Process Reg-Neg Process  FINAL RULE PUBLISHED