CHAPTER 3 SCOPING AND AGENCY COORDINATION

Scoping - the procedure for determining the appropriate level of study of a proposed project/activity - process used to determine the range… the “scope”… of issues to be addressed - the most visible addition to the NEPA process - important to derive the issues and concerns that will be the focus of the effort of study

Scoping, cont - one of the first steps carried out in an environmental impact analysis - in addition to other functions it is a cooperation building activity that solicits input from federal, state and local government agencies as well a the general public and concerned private organizations

3.1 Purpose of Scoping - Scoping is used to: (1) define the proposed action (2) request cooperating agencies / solicit input (3) identify what is important / unimportant (4) establish time limits on study (5) determine staff requirements of study team (6) collect background information (7) identify required permits (8) identify other regulatory requirements (9) determine the range of alternatives - The scoping process should match the goals of the project … simple/informal/functional-to-formal/etc

3.2 Defining the Proposed Action - scoping refers both to the level of action being considered and the level of study / assessment to be carried out - Carried out early in the analysis process, scoping requires knowledge --- only effective if agencies and the public being asked to comment are given sufficient levels of knowledge on project/activity issues of:

… potentially affected parties … need behind the project / activity … primary lists of alternatives and environmental issues … a clear description of what is being proposed An EA / FONSI does not absolutely require a scoping procedure… most agencies find it beneficial and will do it

An EIS requires the scoping process … cannot be initiated until publication of the Notice of Intent to Prepare an Environmental Impact Statement in the Federal Register Previously I have not said much about Notice of Intent

Notice of Intent - notification that an EIS will be prepared and considered - Published in the Federal Register and the timing for all other documents pursuant to the EIS follows this publication (date)

The Notice: (1) describes the proposed action and possible alternatives (2) describes the agency’s proposed scoping procedure – including any proposals for scoping meetings (3) states the name / address of person within the lead agency available to answer questions about the proposed project / activity and the EIS … called the point of contact (POC)

As part of the scoping process the lead agency should: (1) invite the participation of affected Federal, State and Local agencies and other interested parties (indigenous groups, special interest groups, etc) … specifically those who are likely not to be in agreement with the proposed action --- the scoping letter will give information description identity preliminary list of alternatives preliminary list of identify issues and concerns proposed study time

the scoping letter will ask for information special concerns of the agency / group required permits suggestions for alternative relevant information and data POC Aside: Native Americans are specifically named in NEPA regulations as bodies to be consulted on relevant issues

(2) Determine the scope (“range of”) and significant issues to be analyzed in depth in the EIS - to determine scope of environmental impact statements, agencies consider: type of actions (3) types of alternatives (3) types of impacts (3)

Types of actions (1) connected actions [closely related actions] (2) cumulative actions (3) similar actions

Types of alternatives (1) no action alternatives (2) other reasonable courses of action (3) mitigation measures Types of impacts (1) direct (2) indirect (3) cumulative

(3) Identify and eliminate issues which are not significant or which have been covered by prior environmental review (4) Allocate, as appropriate, assignments for preparation of the EIS among the lead and cooperating agencies (5) Indicate other EA or EIS documents related to the proposed action, but which are not part of it (6) Identify other environmental review of analysis being carried out (7) Indicate timing for EIS preparation and agency decision making

As part of the scoping process, the lead agency may: (1) set page limits on environmental documents (2) set time limits (3) adopt procedures, combine EA process with scoping process (4) hold an early scoping meeting(s) in conjunction with other planning activities related to a specific action or specific site