To: National Heritage Area Coordinators and NHA NEPA
Workgroup
From: National Heritage Area Program Office
Subject: National Environmental Policy Act (NEPA) Compliance for
NHA Management Plans - Update from the NHA NEPA Workgroup
On March 22, 2011, the National Park Service (NPS) Office of the Solicitor and Environmental Quality Division (EQD) determined that Categorical Exclusion (CE) 3.3R* applies to the Gullah Geechee Management Plan because the actions described in the plan would not result in immediate ground disturbance or measureable environmental impacts. While a visitor’s center was identified as a potential future project, issues associated with the project were too hypothetical to identify measureable environmental impacts. If plans to construct a visitor’s center move forward and federal funds are used by the Gullah Geechee Cultural Heritage Corridor Commission, the Commission will need to complete additional NEPA analyses.
Based upon Solicitor and EQD guidance, CE 3.3R may be the appropriate pathway for other National Heritage Area (NHA) management plans that similarly have no measureable environmental impacts. NHA planning teams should go through the first steps – scoping and environmental screening to identify issues and impacts - of the NEPA process to determine which pathway (CE, EA or EIS) is appropriate. If the scoping and screening processes reveal no measurable impacts then CE 3.3R may apply.
NHA NEPA GUIDANCE
A NEPA workgroup is currently developing guidance for NHA management plans.
Until this guidance is available, please refer to the DO 12 Handbook for guidance on NEPA pathways and preparing a categorical exclusion form.
Also, within the body of each plan, provide an explanation of which pathway (CE, EA or EIS) was selected and why it was selected.
Regardless of which pathway is selected and until the NHA NEPA guidance is finalized, the management planning processes should include public scoping to identify potential issues and impacts and a 30-day public review of draft plans on the NPS Planning, Environment, and Public Comment (PEPC) site and other locations for public comment. The 30-day public review period is intended to support broader community engagement as part of the management planning process.
____________________
*CE 3.3R: "Adoption or approval of surveys, studies, reports, plans and similar documents which will result in recommendations or proposed actions which would cause no or only minimal environmental impact."
Please contact Heather Scotten if you have questions about this update or
the NHA NEPA Workgroup. I would be happy to answer any questions
as well. Thank you, Martha Raymond
Martha Raymond
National Coordinator for Heritage Areas
National Park Service
1201 Eye Street, NW, 6th Floor
Washington, DC 20005
t.202.354.2222, f.202.371.6468