Thesis on "Environmental Policy Specifically Eis Statement"

Thesis 17 pages (4542 words) Sources: 3 Style: MLA

[EXCERPT] . . . .

Environmental Policy Specifically EIS Statement

The objective of this work is to examine and analyze the Environmental Impact Statement (EIS) for any federal agency. This work intends to examine the EIS of the U.S. National Forest Service and specifically for the Tongass National Forest in that I. DESCRIPTION of a SOLID ENVIRONMENTAL IMPACT STATEMENT

An Environmental Impact Statement (EIS) is required of all Federal agencies by NEPA which involves the requirement of preparing the EIS for major Federal actions that significantly affect the quality of the human environment. The EIS is stated to be "a full disclosure document that details the process, through which a transportation project was developed, includes consideration of a range of reasonable alternatives, analyzes the potential impacts resulting from the alternatives, and demonstrates compliance with other applicable environmental laws and executive orders. The EIS process in completed in the following ordered steps: Notice of Intent (NOI), draft EIS, final EIS, and record of decision (ROD)." (Federal Highway Administration Agency, 2008) the NOI is stated to be published "...in the Federal Register by the lead Federal agency and signals the initiation of the process. Scoping, an open process involving the public and other Federal, state and local, agencies, commences immediately to identify the major and important issues for consideration during the study. Public involvement and agency coordination continues throughout the entire process." (Federal Highway Administration Agency, 2008)

The draft EIS is stated to provide: "...a detailed description of the proposal, the purpose, and need, reasonable alternatives, the affected environment, and presents analysis of the anticipated beneficial and adverse environmental effects of the alternatives." (Federal Highway Administration Agency, 2008)

After a period allowing formal comment and a period in which comments from the public and other agencies are received "...FEIS will be developed and issued. The FEIS will address the comments on the draft and identify, based on analysis and comments, the "preferred alternative."

FHWA's Technical Advisory (T6640.8A) provides detailed guidance on the preparation of the NOI, the scoping process, and the information that should be included in the EIS.

Stated to be the primary sections in the EIS are the:

1) Purpose and need;

2) Alternatives;

3) Affected environment;

4) Environmental consequences;

5) Comments and coordination;

6) List of preparers; and 7) Record of Decision (ROD). (Federal Highway Administration Agency, 2008)

Purpose and Need

The 'Purpose and Need' section is stated to be one of the most important sections of the EIS requiring that it be "clear and well documented." (Federal Highway Administration Agency, 2008) the purpose and need is stated to drive "the development of the range of alternatives." (Federal Highway Administration Agency, 2008) Common needs include: "transportation demand, safety, legislative direction, urban transportation plan consistency, modal interrelationships, system linkage, and the condition of an existing facility." (Federal Highway Administration Agency, 2008)

Alternatives

The alternatives section provides a description for a process that was used in developing, evaluating and eliminating potential alternatives "based on the purpose and need of the project." (Federal Highway Administration Agency, 2008) Included in the discussion should be "...the reasons why some alternatives were eliminated from consideration and describe how the alternatives meet the need for the project and avoid or minimized environmental harm." (Federal Highway Administration Agency, 2008) in the development of alternatives "...the requirements of 23 CFR 771.111(f), which states that projects must connect logical termini, have independent utility, and not restrict the consideration of future transportation alternatives are important considerations." (Federal Highway Administration Agency, 2008)

In the draft EIS it is stated that "all reasonable alternatives should be discussed at a comparable level of detail. There is no requirement at this stage to have a "preferred" alternative. However, if an official position has been taken on one of the alternatives, it can be stated. The final EIS must identify and describe the preferred alternative and the basis for that decision. At this stage in the process, no final decision can be made. The "no-build" alternative is always included as a benchmark against which the impacts of other alternatives can be compared. As part of the no-build alternative, short-term minor reconstruction, such as safety upgrading and maintenance, can be considered." (Federal Highway Administration Agency, 2008) it is required that Transportation System Management be included as an alternative..." (Federal Highway Administration Agency, 2008)

Affected Environment

The section of the 'Affected Environment' should provide information regarding existing resources and environment conditions and should focus in "the important issues in order to provide an understanding of the project area relative to the impacts of the alternatives. The affected environment should discuss, commensurate with the importance of the potential impacts, the existing social, economic, and environmental settings surrounding the project. It should also identify environmentally sensitive features in the project corridor." (Federal Highway Administration Agency, 2008) the 'Environmental Consequences' section provides a description of the project alternatives on the environment and serves to document "the methodologies used in evaluating these impacts. Information in this section is used to compare project alternatives and their impacts. This section should describe in detail both the impacts of the proposed action and the potential measures that could be taken to mitigate these impacts. Mitigation must be considered for all impacts, regardless of their significance. Environmental impacts should be discussed in terms of their context and intensity." (Federal Highway Administration Agency, 2008)

Comments and Coordination

The 'Comments and Coordination' section of the EIS summarizes the "scoping process, the results of any meetings that have been held, and any comments received during preliminary coordination. Between the draft and final EIS, the state department of transportation and FHWA must consider and respond to all substantive comments received on the draft EIS, including those from public hearings. The final EIS must include copies of the comments received and the agency's responses. If comments are voluminous, they may be summarized. If the EIS was changed in response to comments, changes should be referenced in the responses." (Federal Highway Administration Agency, 2008)

List of Preparers

The 'List of Preparers' section is to include a list of individuals who are responsible for EIS technical reports and preparations and are identified by "...name, qualifications, expertise, experience, and professional discipline." (Federal Highway Administration Agency, 2008)

Record of Decision

The final step in the EIS process is the 'Record of Decision' (ROD) and this may not be issued "...sooner than 30 days after the approved final EIS is distributed nor 90 days after the Draft EIS is circulated." (Federal Highway Administration Agency, 2008) the ROD makes identification of "the selected alternative, presents the basis for the decision, identifies all the alternatives considered, specifies the "environmentally preferable alternative," and provides information on the adopted means to avoid, minimize and compensate for environmental impacts.

II. SUMMARY of NATIONAL FOREST SERVICES

The National Forest Service Environmental Impact Statement relates that there were 58.5 million acres of inventoried roadless areas in the U.S. National Forest System (NFS) lands. It is stated that "these areas possess social and ecological values and characteristics that are becoming scarce in an increasingly developed landscape. While NFS inventoried roadless areas represent about 2% of the total landbase of the United States, they provide unique opportunities for dispersed recreation, sources of clean drinking water, and large undisturbed landscapes that offer privacy and seclusion. In addition, these areas provide a bulwark against the spread of nonnative invasive plant species, support a diversity of habitats for native and animal species, conserve biological diversity, and provide opportunities for study, research and education." (United States Department of Agriculture - Forest Services, 2000) Stated in the U.S. National Forestry Service EIS in the 'Purpose and Need' section is that after consideration of the values of inventoried roadless areas, "the impact of development to those values, and the history of controversy surrounding their management, the Agency determined the need for national-level rulemaking to conserve these areas. The purpose of this action is to prohibit activities that pose the greatest risk to the social and ecological values of inventoried roadless areas." (United States Department of Agriculture - Forest Services, 2000)

It is stated in this work that the Forest Service conducted an analysis of the various alternatives to limit road construction, reconstruction, and timber harvest "because these activities occur on forests and grasslands throughout the nations, have the greatest likelihood of altering landscapes, often cause significant landscape fragmentation, and often result in immediate, long-term loss of roadless characteristics." (United States Department of Agriculture - Forest Services, 2000) Additionally, the Forest Service has assisted with the alternatives of development for the Tongass National Forest which is unique in nature because of the 1999 Land Resource Management Plan provision which resulted in the 82% forest land use designation prohibiting and limiting road construction and reconstruction.

Furthermore the Tongass Timber Reform Act makes special requirements relating to the Tongass National Forest which presented key decision stated to be those as follows:

1) Should road construction, reconstruction and timber harvest be prohibited in National Forest System inventoried roadless areas?

2) Should the proposed national prohibitions be applied to the… READ MORE

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