# Presentation: 673871

## Environmental Compliance

- Negotiating our way through the process...

## Overview of Environmental Process for this Project

- NEPA
- Corps of Engineer’s CWA (404 permit)
- Section 106 of the National Historic Preservation Act Compliance
- Tribal Consultation
- Section 7 Consultation
- Other Criteria

## NEPA Analysis

- Will this project have a significant impact on the Human environment?
- Site specific Environmental Evaluations
- Supplement existing State CREP Environmental Assessments

## Corps of Engineers 404 Permit

- Expand Regional Permit 34
- Special conditions needed to comply with Regional Permit 34:
- Section 106 of the National Historic Preservation Act Compliance
- State Historic Preservation Officer (SHPO) Consultation
- Tribal Consultation
- Section 7 of the Endangered Species Act Compliance

## Section 106-SHPO Consultation

- Consult with SHPO to determine if Historic Properties may be affected
- FSA makes a finding of No Historic Properties Affected or Historic Properties Affected
- If SHPO concurs with FSA No Historic Properties Affected; time frame is _up to 30 days_
- If SHPO does not concur with FSA or if FSA determines there are historic properties that are likely to be affected, additional consultation is required - time frame _at least 30 days, could be much more_

## Section 106-Tribal Consultation -if the project is on Tribal lands

- We must also consult with Tribes that attach religious and cultural significance to historic properties whether they are on or off tribal lands (i.e., ancestral or ceded lands)
- _may take much more then 30 days_, if on Tribal lands (Tribal governments may not follow the 30 day time frame)
- You also must consult with the SHPO at the same time with the typical time frame** **of _30 days+_

## Section 7 Informal Consultation

- Is threatened and/or endangered species and/or critical habitat present?
- FSA requests or prepares list threatened and/or endangered in project area and sends to USFWS
- USFWS either concurs with FSA list or supplies list to FSA -   _30 day response time_
- USFWS determines:
- No species and/or critical habitat present - _end consultation_
- Yes, Options:
- Further Consultation with FWS:
- USFWS issues *no effect determination -* _time frame unknown_
-  FSA Prepares Biological Assessment
- _180 days to prepare_
- FWS has _30 days to respond to assessment_

## Section 7-Formal Consultation

- FSA requests initiation of formal consultation
- Once clock starts, FWS in consultation with FSA formulates a Biological Opinion and incidental take statement - _90 day time frame_
- FSA reviews draft biological opinion- comments  and then FWS delivers final biological opinion and incidental take statement - _45 days_

## Other Regional 34 Permit Criteria

- Additional state specific environmental compliance criteria such as; specific design criteria or other State permits depending on type of project implemented and proximity to streams, etc.
- State regulatory requirements can be done concurrently with the NEPA and consultation processes

## Success through collaboration

- Lessons learned from Iowa
- Develop MOUs, state level agreements, or other mechanisms to facilitate intra-agency cooperation
- Start the NEPA process early to aid decision-makers
- National impact through local actions