NEPA, ESA, and NHPA

Question 1

What does NEPA stand for?

Answer 1

National Environmental Policy Act

Question 2

What does ESA stand for?

Answer 2

Endangered Species Act

Question 3

What does NHPA stand for?

Answer 3

National Historic Preservation Act

Question 4

What is NEPA?

Answer 4

First US law ever written with a broad framework for protecting our environment

Question 5

When does the NEPA process begins?

Answer 5

When a federal agency develops a proposal to take a major federal action (this includes actions with effects that may be major and which are potentially subject to federal control and responsibility)

Question 6

3 Levels of Analysis

Answer 6

1. Categorical Exclusions (CATEX)
2. Environmental Assessment/Finding of No Significant Impacts (EA/FONSI)
3. Environmental Impact Statements (EIS)

Question 7

What is a Categorical Exclusion (CATEX)?

Answer 7

A federal action may be Categorically Excluded from a detailed environmental analysis of the federal action does not individually or cumulatively have a significant effect on the human environment

Question 8

What is an Environmental Assessment?

Answer 8

An Environmental Assessment (EA) determines whether or not a federal action has the potential to cause significant environmental effects

Question 9

Finding of No Significant Impacts (FONSI)

Answer 9

-A document that presents the reasons why the agency has concluded that there are no significant environmental impacts projected upon implementation of the action
-Issued based on the EA

Question 10

What is an Environmental Impact Statement (EIS)?

Answer 10

Prepared when a proposed major federal action is determined to significantly affect the quality of human environment

Question 11

Summary of the EIS process

Answer 11

1. Notice of Intent is published on the Federal Register (informs the public of upcoming environmental analysis)
2. Draft EIS is published for public review/comment for a minimum of 45 days
3. Final EIS is published, providing responses to substantive comments. 30 day wait period begins.
4. Record of Decision (ROD) is issued.

Question 12

Record of Decision (ROD)

Answer 12

-explains agency’s decision
-describes alternatives considered
-discusses agency’s plans for mitigation and monitoring

Question 13

An EIS includes:

Answer 13

-Cover Sheet - name of lead agency and contact information
-Summary of EIS
-Table of Contents
-Purpose and Need Statement
-Alternatives
-Affected Environment
-Environmental Consequences
-List of Preparers
-List of Recipients
-Index
-Appendices

Question 14

What is the purpose of the Endangered Species Act?

Answer 14

-To protect and recover imperiled species and the ecosystems upon which they depend
-to protect listed endangered and threatened species both nationally and internationally

Question 15

The ESA is administered by?

Answer 15

US Fish and Wildlife Services (FWS) (responsible for terrestrial and freshwater)

National Marine Fisheries Service (NMFS) (responsible for marine wildlife and anadromous fish)

Question 16

Endangered

Answer 16

Species is in danger of extinction

Question 17

Threatened

Answer 17

Species is likely to become endangered within the foreseeable future

Question 18

Listed Species

Answer 18

Section 4 of ESA requires species to be listed as endangered or threatened solely on the basis of their biological status and threats to their existence

Question 19

When evaluating a species for listing, the FWS considers five factors:

Answer 19

1. Damage or destruction of species habitat
2. Over utilization of the species for commercial, recreational, scientific, or educational purposes
3. Disease or predation
4. Inadequacy of existing protection
5. Other natural or manmade factors that affect the continued existence of the species

Question 20

“Take”

Answer 20

ESA makes it unlawful for a person to take a listed animal without a permit.

Take is defined as harass, harm, pursue, hunt, shoot, injure, capture, etc

Question 21

Are listed plants protected from Take?

Answer 21

No

Question 22

Recovery

Answer 22

The ESAs ultimate goal is to recover species so they no longer need protection under the ESA

Question 23

Critical Habitat

Answer 23

Includes geographic areas that contain physical or biological features that are essential to the conservation of the species

Question 24

What is the purpose of the NHPA?

Answer 24

To preserve historical and archaeological sites in the US

Question 25

What is the National Register of Historic Places?

Answer 25

-Maintained by the National Park Service (NPS)
-a list of National Historical Landmarks

Question 26

Section 106 of the NHPA requires?

Answer 26

Federal agencies to consider the effects of federally funded projects on historic properties