What is an environmental impact statement?
A Federal agency is required to prepare an Environmental Impact Statement (EIS) if a proposed, major Federal action, unless otherwise exempted, is anticipated to result in a reasonably foreseeable significant effect on the quality of the human environment. An EIS is a detailed statement as required by Section 102(2)(C) of the National Environmental Policy Act of 1969, as amended(NEPA; 42 U.S.C. § 4321, et seq.). An EIS describes and compares effects of the proposed action and the reasonable range of alternatives, discusses the reasoning behind selection of the preferred alternative(s), and describes required monitoring and mitigation requirements (if applicable). EISs prepared by the Service are done so in accordance with the U.S. Department of the Interior (DOI) NEPA Implementing Regulations (43 CFR 46) and the DOI Handbook of NEPA Implementing Procedures (516 DM 1).
The NEPA mandates Federal agencies to assess the reasonably foreseeable effects of proposed major Federal actions prior to making Federal decisions. Pursuant to the NEPA and consistent with the DOI Handbook of NEPA Implementing Procedures, DOI bureaus include in recommendations or reports on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment a detailed EIS containing:
- A statement that briefly summarizes the underlying purpose and need for the proposed agency action;
- Reasonably foreseeable environmental effects of the proposed agency action;
- Any reasonably foreseeable adverse environmental effects which cannot be avoided should the proposal be implemented;
- A reasonable range of alternatives to the proposed agency action;
- Relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity;
- Any irreversible and irretrievable commitments of resources;
- Any means identified to mitigate adverse environmental effects of the proposed action; and
- Responses to substantive agency, Tribal, and public comments.
Pursuant to the section 107 of the NEPA, an EIS is required to be no more than 150 pages and no more than 300 pages for EISs of unusual scope or complexity and is to be completed in two years or less. The lead agency may extend the two-year deadline in writing and, as applicable, in consultation with any applicant, as well as any cooperating and participating agencies (as applicable), and may establish a new deadline that provides only so much additional time as is necessary to complete the EIS.
What is a record of decision?
A record of decision (ROD) is a concise public document that summarizes the agency findings in the EIS and reasoning for making the Federal decision. Consistent with the DOI Handbook of NEPA Implementing Procedures (516 DM 6.1(v)), the ROD describes the alternatives considered, discusses any preferences among alternatives based on relevant factors including economic and technical considerations and Service statutory mission, and states whether all practicable means to avoid or minimize environmental harm from the alternative selected have been adopted, and, if not, why they were not. A ROD may include or incorporate by reference a mitigation, monitoring, or enforcement plan as appropriate. Once completed, the EIS and ROD are made publicly available.
