1. National Environmental Policy Act and Endangered Species Act Compliance in the Bureau of Land Management

2. United States Department of the Interior Bureau of Land Management

3. Federal Lands in the Western United States

4. Bakersfield

5. BLM Land Management Activities

7. National Environmental Policy Act of 1969 - NEPA
Purpose of the Act:
NEPA is intended to help public officials make decisions that are based on understanding of environmental consequences, and take actions that protect, restore, and enhance the environment.
“NEPA is our basic national charter for protection of the environment.
Establishes policy
Sets goals
Provides means to comply with the policy

8. NEPA Purpose (continued)
Agencies act according to the letter and the spirit of the Act.....
Ultimately, it is not better documents but better decisions that count....not to generate better paperwork....but to foster excellent action.

9. BLM must comply with the Council of Environmental Quality’s (CEQ) regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR Parts )
CEQ Policy: Federal agencies shall to the fullest extent possible:
Interpret and administer the policies, regulations, and public laws of the United States in accordance with the Act and regulations.
Make NEPA more useful to decision makers and the public
Reduce paperwork and extraneous background data
Emphasize real environmental issues and alternatives
Integrate NEPA with other agency planning and reviews to run concurrently

10. CEQ Policy: Federal agencies shall to the fullest extent possible:
Encourage and facilitate public involvement
Identify and assess the reasonable alternatives to proposed actions that will avoid or minimize adverse effects on the quality of the human environment
Use all practicable means to restore and enhance the quality of the human environment and avoid or minimize any possible adverse effects of actions on the quality of the human environment

11. Project Screening: All actions fall into one of these categories:
How NEPA is implemented All internally or externally proposed actions on or affecting public lands or resources under BLM jurisdiction must be reviewed for NEPA compliance.
Project Screening: All actions fall into one of these categories:
1. Actions Exempt from NEPA (Congressionally exempt, Emergency Actions, Rejected actions)
2. Actions categorically excluded
Modify existing fences for wildlife
Minor improvement of wildlife water, Wildlife islands, nests
Mineral lease adjustments, agreements, suspensions
Removal of dead trees that are a safety hazard with no new access
Forest seeding
Pre-commercial thinning
Temporary corrals, emergency livestock feeding
Upgrades to existing right-of-way
Transfer of federal lands among federal agencies
Routing signs along roads

12. Project Screening: All actions fall into one of these categories:
3. Actions covered by an existing NEPA document
Tiering: new, more specific or more narrow analysis without duplicating existing documents
Supplements: ...to an existing EIS when additional environmental analysis is needed
Another agencies EA or EIS: cooperate or adopt
Incorporate by reference: a previous analysis

13. Project Screening: All actions fall into one of these categories:
4. Actions require an Environmental Assessment (EA) to determine if an Environmental Impact Statement (EIS) is needed
5. BLM actions which require an EIS
Resource Management Plan
Proposals for Wilderness, Wild and Scenic Rivers
Electric powerplants, petroleum refineries
Rights-of-ways for major reservoirs, canals, pipelines transmission lines, highways, railroads
Mines larger than 640 acres

14. Project Screening: All actions fall into one of these categories:
4. Actions require and Environmental Assessment (EA) to determine if an Environmental Impact Statement (EIS) is needed
5. BLM actions which require an EIS
Resource Management Plan
Proposals for Wilderness, Wild and Scenic Rivers
Electric powerplants, petroleum refineries
Rights-of-ways for major reservoirs, canals, pipelines transmission lines, highways, railroads
Mines larger than 640 acres

15. Environmental Assessments
Purpose of an EA
Provides sufficient evidence and analysis of impacts on the quality of the human environment to support a determination of no significant impacts, or a determination to prepare an EIS.
Interdisciplinary review of proposed actions to promote consideration of all affected resources, even though impacts are not significant
Identify and develop appropriate mitigation measures
Compliance with NEPA. EA and Finding of No Significant Impact (FONSI) are made available to the public
If an EIS is required, helps in scoping with the public

16. Environmental Assessments Procedure of an EA
1 Determine the scope of analysis
Is the proposal complete?
Determine interested public/affected parties
Does it conform to land use plan?
Describe need for action
Modify to reduce environmental harm
Are other analyses needed?
Can we combine like projects?
What issues/resources need to be addressed based on staff knowledge?

17. EA Procedure 2 Conduct the assessment and prepare the EA
Define proposed action and alternatives to analyze impacts
Identify Affected Environment.....elements that will be affected and all critical elements evaluated
Assess impacts of proposed action and alternatives
Direct, indirect, and cumulative impacts on the affected environment of proposed action and alternatives
Include foreseeable future actions
Determine if impacts are significant
All SOPs and standards will be implemented
Best available information, objective, not subjective value judgments, and quantify if possible

18. EA Procedure (continued)
Assess impacts (continued)
Identify mitigation measures
Actions developed in response to impacts that will avoid or reduce projected impacts
Assess residual impacts: direct, indirect, or cumulative impacts which remain after application of mitigation measures

19. EA Procedure (continued)
3 Determine if any impacts are significant Significance:
Context of Impacts (scale, scope, short-term and long-term)
Intensity of impacts (severity, beneficial/adverse, public health and safety, unique characteristics of geographic area, controversy, uncertain or unknown risks, precedent for future actions, cumulatively significant impacts, National Register of Historic Places, significant scientific, cultural or historic resources, adverse affect on T&E species or critical habitat, violation of federal, state or local law to protect environment)
minimum/maximum thresholds, laws, regulations, professional expertise, best judgment, public opinion may be used to set significance levels
If impacts are found not to be significant, then a Finding of No Significant Impact must be prepared

20. EA Procedure (continued)
4 Notify the public
Determined by interest, usually 30 day review of EA and FONSI before making the final determination
5 Reach and record the decision
Decision Record and the FONSI
An EA Need not be time-consuming or complicated....
The level of assessment should be commensurate with the anticipated impacts and the degree of public concern

21. Environmental Impact Statement
When a proposed action, including a proposed policy or legislative recommendation, is projected to have a significant impact on the quality of the human environment, an environmental impact statement (EIS) must be prepared.
Provide both the decision makers and the public with a complete and objective evaluation of significant environmental impacts, both beneficial and adverse, resulting from a proposed action and all reasonable alternatives.
An EIS is the major vehicle for fulfilling the substantive environmental goals set forth in NEPA

22. EIS Procedures 1. Scoping the EIS
Find significant issues with the public, agencies, other analysis
Publish an Notice of Intent
Develop a Preparation Plan
Develop a Public Involvement Plan

23. EIS Procedures (continued)
2. Conducting the analysis and preparing the DRAFT EIS
Define proposed action, coordination, mitigation, conformity
Purpose and Need, alternatives, impacts to be analyzed
Identify information and data needs
Identify cooperating agencies
Conduct analysis
Describe existing environment
Refine proposed action and alternatives
Analyze impacts of each alternative
Develop and analyze mitigation measures
Identify monitoring and enforcement
Select preferred alternative

24. EIS Procedures (continued)
3. Issuing the DRAFT EIS
Print, copy to EPA, notify public, hold hearings/meetings
4. Analyzing the comments and preparing the FINAL EIS
Evaluate and respond to public comments
Inaccuracies, Adequacy of analysis, New impacts, alternatives, or mitigation measures, Disagreements with significance determinations, Personal preferences

25. EIS Procedures (continued)
(Final EIS continued)
Preliminary Final EIS
Reevaluate and revise preferred alternative or proposed action
Issue Final EIS
5. Reaching and recording the decision
Evaluate public comments
Document Decision (with Record of Decision)
6. Advise public of Availability of ROD

26. The Endangered Species Act of 1973 (ESA), as amended
Purpose of ESA: to provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved, to provide a program for the conservation of such endangered and threatened species, and to take steps as may be appropriate to achieve the purposes of the treaties and conventions (signed by the United States)

27. The Endangered Species Act of 1973 (ESA), as amended
Policy of Congress: ....all Federal departments and agencies shall seek to conserve endangered species and threatened species and shall utilize their authorities in furtherance of the purposes of this Act.
......Federal agencies shall cooperate with State and local agencies to resolve water resource issues in concert with conservation of endangered species

28. BLM’s ESA Responsibilities
Section 7 (a) (1) All other Federal agencies shall, in consultation with and with the assistance of the Secretary....utilize their authorities in furtherance of the purposes of this Act by carrying out programs for the conservation of listed species....
Section 7 (a) (2) Each agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of critical habitat

29. BLM’s ESA Responsibilities
Section 7 (a) (3) Federal agency shall consult with the Secretary...if an applicant believes an endangered species or threatened species may be present in an area....and such action will likely affect such species.
Section 7 (a) (4) Each Federal agency shall confer with the Secretary on any agency action which may jeopardize the continued existence (“may affect” (a listed species.....)

30. BLM Policy Objectives
Conserve threatened and endangered species and the ecosystems upon which they depend
Do not contribute to the need to list a species in case of candidate or proposed species

31. BLM Policy
The BLM shall conserve T/E species and the ecosytems upon which they depend and shall use existing authority in furtherance of the purposes of the ESA
Ensure all actions authorized, funded, or carried out by the BLM are in compliance with ESA
Cooperate with the FWS/NMFS in planning and providing for recovery of T/E species
Retain in Federal ownership all habitat essential for the survival and recovery of any T/E species, including habitat used historically by these species

33. Formal Section 7 Consultation
Action agency determines:
May Affect,
Not likely to Adversely Affect
Beneficial Affect
No Affect

34. Formal Section 7 Consultation
Biological Assessments (From Action Agency)
Description of project
Description of specific area that may be affected
Description of any listed species and critical habitat affected
Description of the manner the action may have on listed species/critical habitats, and analysis of cumulative effects
Direct, indirect, interrelated, interdependent
Relevant reports, EIS, EAs, or other documents
Other relevant studies or information on the action, species, critical habitat

35. Formal Section 7 Consultation Timeline
30 days for FWS determination of data adequacy
90 days for FWS to develop biological opinion
45 days for action agency review/ delivery of final BO
In practice, it usually takes one year to complete a formal consultation

36. Biological Opinion: (From US Fish and Wildlife Service)
Description of proposed action
Status of species/critical habitat
Environmental baseline
Effects of the action on listed species/critical habitat
Cumulative effects
Conclusion (Jeopardy or adverse modification)
Reasonable and prudent alternatives
Incidental Take statement (Amount of take, effect of take, Reasonable and prudent measures to reduce take, Terms and Conditions
Conservation recommendations
Reinitiation Notice