The NEPA Process
The NEPA process consists of an evaluation of relevant environmental effects of a federal project or action undertaking, including a series of pertinent alternatives. The NEPA process begins when an agency develops a proposal to address a need to take an action. Once a determination of whether or not the proposed action is covered under NEPA is made, there are three levels of analysis that a federal agency may undertake to comply with the law. These three levels include: preparation of a Categorical Exclusion (CE), preparation of an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI); or preparation and drafting of an Environmental Impact Statement (EIS).
Preparation of a Categorical Exclusion
A CE is a category of actions that the agency has determined does not individually or cumulatively have a significant effect on the quality of the human environment (40 C.F.R. §1508.4). If a proposed action is included in the description provided for a listed CE established by the agency, the agency must check to make sure that no extraordinary circumstances exist that may cause the proposed action to have a significant effect in a particular situation. Extraordinary circumstances typically include such matters as effects to endangered species, protected cultural sites, and wetlands. If the proposed action is not included in the description provided in the CE established by the agency, or there are extraordinary circumstances, the agency must prepare an EA or an EIS, or develop a new proposal that may qualify for application of a CE.
Preparation of an Environmental Assessment and Finding of No Significant Impact
The purpose of an EA is to determine the significance of the environmental effects and to look at alternative means to achieve the agency's objectives. The EA is intended to be a concise document that (1) briefly provides sufficient evidence and analysis for determining whether to prepare an EIS; (2) aids an agency's compliance with NEPA when no environmental impact statement is necessary; and (3) facilitates preparation of an Environmental Impact Statement when one is necessary(40 C.F.R. § 1508.9). If after investigation and drafting of the environmental assessment no substantial effects on the environment are found the agency may produce a Finding of No Significant Impact (FONSI).
Preparation of an Environmental Impact Statement
The EIS is a more detailed evaluation of the environmental impacts when compared to the content of the environmental assessment. The crafting of EIS has many components including public, outside party and other federal agency input concerning the preparation of the EIS. These groups subsequently comment on the draft EIS.
In some circumstance an agency may wish to undertake the construction of an EIS without the initial drafting of the environmental assessment. This will take place under circumstances in which the agency believes that the action will undoubtedly have adverse effects on the environment or is considered an environmentally controversial issue.
Read more about this topic: National Environmental Policy Act
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