NEPA Process

What is NEPA?

The National Environmental Policy Act (NEPA) was signed into law in 1969. In passing NEPA, Congress declared that it is the policy of the Federal Government, in cooperation with State and local governments, “to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.”

NEPA requires the preparation of detailed Environmental Impact Statements (EIS) when projects requiring federal action are determined to have potential for significant impacts to historic, cultural, or natural aspects of our national heritage.

The NEPA Process

All Federal agencies have developed processes for conducting environmental impact analysis. NEPA sets forth a framework for how government agencies and project proponents conduct environmental reviews, although how those procedures are carried out varies from agency to agency. Generally, the NEPA process occurs in a number of well-defined stages:

•   Define purpose and need
•   Scoping
•   Analyze Reasonable Alternatives
•   Prepare a Draft EIS
•   Public Comment on Draft EIS
•   Prepare a Final EIS
•   Record of Decision

The process can take as little as a  year and a half, but some projects can take five years or longer. For the Port MacKenzie Rail Extension Project, the Surface Transportation Board’s (STB) Section for Environmental Analysis (SEA) is the lead federal agency charged with ensuring compliance with NEPA and related environmental statutes. The Alaska Railroad Corporation (ARRC) anticipates the process may take approximately two years.

Define Purpose and Need

The purpose and need for a project provides the basis for developing reasonable alternatives, establishing project objectives, and helping to define criteria for assessing alternatives, including the option of not doing the project at all (often called the no build alternative). Purpose and Need helps agencies to prepare a Notice of Intent (NOI), which formally announces that the agency intends to prepare an EIS. Read more about the Port MacKenzie Rail Extension Project’s purpose and need under Project Benefits.

Third Party Process

While responsibility for the NEPA process belongs to the federal agency, some federal agencies employ independent, third-party contractors to prepare the environmental documentation necessary to comply with NEPA requirements. In a voluntary third-party contracting arrangement, the applicant pays for an approved agency-selected contractor to assist the agency.

Scoping

Scoping meetings help to determine what issues will need to be assessed in the EIS. STB conducts scoping independently of the applicant, reviews the scoping comments and defines the final Scope of Study, which will serve as the work plan for preparing a Draft EIS.

Draft EIS

The purpose of a Draft EIS is to present the purpose and need for the project, describe the project area and the social and natural features, and evaluate potential direct, indirect, and cumulative impacts that may result from the project. As the SEA evaluates potential impacts, they may request that ARRC submit additional engineering and design elements, as well as operational procedures intended to avoid, minimize, or mitigate potential impacts. Upon completion, the Draft EIS will be available for review and comment by the public, government agencies, and other interested parties.

Final EIS

The Final EIS will be based on SEA’s independent analysis, consultation with agencies, and review of comments on the Draft EIS. It will then recommend a preferred alternative to STB, as well as the basis for choosing that alternative, mitigation measures, and other environmental compliance findings. The Final EIS will be filed with the Environmental Protection Agency, which will then publish a notice of its availability in the Federal Register.

Final Decision

The STB will consider the recommendations of the entire environmental record, including the Draft and Final EISs, as part of its decision-making process. If the STB were to approve the proposed project, construction could begin when the decision became effective.