1. 1 | US DOE Geothermal Programeere.energy.gov Public Service of Colorado Ponnequin Wind Farm Geothermal Technologies Program Regulatory Roadmap NEPA Historical Perspective Kermit Witherbee Kate Young Aaron Levine Geothermal Technologies Office October 1, 2013

2. 2 | US DOE Geothermal Programeere.energy.gov NEPA – Historical Perspective Background Why NEPA? Pre NEPA Environmental Legislative History Resource and Conservation Act of 1960 Establish a national environmental policy and council of environmental advisors Unsuccessful because of opposition by the Eisenhower Administration, federal agencies, and business lobby Wilderness Act of 1964 Created definition of “Wilderness” Applied only to federal lands Place 9.1 million acres into National Wilderness Preservation System Land and Water Conservation Fund Act of 1965 Provides funds and matching grants to federal, state, and local governments Acquisition of land and water properties Easements on land and water Funds provided by fees paid to DOI’s Bureau of Ocean Energy Management, sale of federal surplus real estate, and motorboat fuel taxes Pogo 1970 Earth Day Poster

3. 3 | US DOE Geothermal Programeere.energy.gov NEPA – Historical Perspective National Environmental Policy Act of 1969 Legislative History Senator Henry “Scoop” Jackson Chairman of the Senate Interior and Insular Affairs Committee Legislative priorities Frustration of federal agencies working against each other As a result…legislation developed to assure that federal agencies considered the environment and worked in a coordinated fashion Courtesy of Seattle P-I Collection, MOHAI

4. 4 | US DOE Geothermal Programeere.energy.gov NEPA – Historical Perspective Senate and House Hearings Senate Committee on Interior and Insular Affairs & House of Reps Committee on Science and Aeronautics joint hearing 1968 on National environmental policy National Environmental Policy Act of 1969 Signed into Law Jan 1, 1970 Declaration of National Policy Created the Council on Environmental Quality (CEQ) Federal agencies obligation Provide a detailed statement of environmental impacts (EIS) before proceeding with proposal Inform and invite public participation in process

5. 5 | US DOE Geothermal Programeere.energy.gov NEPA – Historical Perspective NEPA Provisions Title I - Declares the national environmental policy Section 102 Federal agencies follow NEPA’s goals Sets the framework for federal decision making Federal agencies take a “systematic interdisciplinary approach” in planning and decisions that may impact the environmen t Section 103 Federal agencies to review existing authorities, regulations, and policies and procedures to determine whether issues would “prohibit” compliance with NEPA Title II – Council on Environmental Quality Established in the Executive Office of the President Annual report to Congress an Environmental Quality Report Specifies CEQ functions and responsibilities to support the President on environmental issues for policy making

6. 6 | US DOE Geothermal Programeere.energy.gov NEPA – Historical Perspective Implementation of NEPA CEQ ‘s Role Final regulations issued July 30, 1979 Generic, each agency to develop own regulations 1981 issued guidance “Forty Most Asked Questions Concerning CEQ’s NEPA Regulations” Courts’ Role Stressed agency compliance with EIS requirements, Did not address specific compliance related to environmental policy goals Supreme Court 1983 – clarified agencies consider every significant aspect of environmental impact of the proposed action and insure public notification of environmental concerns in decision making process Supreme Court 1989 – describes a process does not direct a particular outcome Courts – dealt with many other issues, federal action, significant, when required to prepare and EIS, consider indirect impacts

7. 7 | US DOE Geothermal Programeere.energy.gov NEPA – Historical Perspective NEPA Today Effectiveness and delays CEQ 1997 Study Framework for collaboration Takes too long, costs too much CEQ 2002 study “analysis paralysis” Litigation 2004 DOD, DOI, USFS survey Changes in project by agency Litigation Endangered Species Act compliance Streamlining NEPA Legislative streamlining provisions Healthy Forest Restoration Act of 2003 Energy Policy Act of 2005 Designation of a “lead agency” Dispute resolution process Establish deadlines Specific agencies to be excluded from environmental process Designation of specific projects as CXs