Environmental policy and environmental impact statements

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 Tongass National Forest or modified to meet the unique situation on the Tongass? (United States Department of Agriculture - Forest Services, 2000)

The National Forest Service EIS states that that Forest Service was directed in 1999 by President Clinton to "undertake an open and public process to 'provide appropriate long-term protection for most or all of these currently inventoried 'roadless' areas, and to determine whether such protection is warranted for any smaller 'roadless' areas not yet inventoried." (United States Department of Agriculture - Forest Services, 2000)

The draft environmental impact statement elicited over 1.1 million responses which the Forest Service identified and summarized into six major issue categories including:

1) Public access;

2) Identification of other unroaded areas;

3) Exemptions and exceptions

4) Environmental effects;

5) Local involvement; and 6) the effect on communities with strong natural resource affiliations. (United States Department of Agriculture - Forest Services, 2000)

These issues served to guide the process through:

1) Determining the scope of the proposal;

2) Development of a range of alternatives;

3) Direction of the analysis of potential environmental, social and economic effects;

3) Identification of possible mitigation and 4) Ensuring that the agency is operating within legal authorities. (United States Department of Agriculture - Forest Services, 2000)

Two sets of alternatives were developed:

Four alternatives, including a No Action Alterative that cover the range of possible prohibited activities in inventories roadless areas consistent with the stated purpose and need; and Four alternative ways to apply toe prohibitions to the Tongass National Forest. (United States Department of Agriculture - Forest Services, 2000)

Also stated to have been developed were a third set of alternatives, which are procedural alternatives. The 'Prohibition Alternatives' provide a description of the activities that are not allowed in the 58.5 million acres of inventoried roadless forest areas and are stated to be those as follows:

Alternative 1 - No Action; No prohibitions: No rule prohibiting activities in inventoried roadless areas would be issued. Road construction and reconstruction would continue to be restricted only where land management plan prescriptions prohibit such activity (approximately 24.2 million acres). Future proposals for road construction and reconstruction would be considered on a case-by-case basis at the project level using public comment and under NEPA requirements. There would be no restrictions on timber harvest imposed by this alternative. This alternative also establishes a benchmark against which the effects of the other alternatives are compared." (United States Department of Agriculture - Forest Services, 2000)

Alternative 2 - Prohibit Road Construction and Reconstruction within Inventoried Roadless Areas: Road construction and reconstruction activities, including temporary road construction, would be prohibited in inventoried roadless areas. Road reconstruction activities are those that result in realignment or improvement of an existing road. These prohibitions would become effective upon implementation of the final rule. There would be no restrictions on timber harvest imposed by this alternative." (United States Department of Agriculture - Forest Services, 2000)

Alternative 3 - Prohibit Road Construction, Reconstruction and Timber Harvest Except for Stewardship Purposes within Inventoried Roadless Areas: Road construction and reconstruction activities, including temporary road construction, would be prohibited in inventoried roadless areas. Timber harvest would be prohibited except for stewardship purposes. Stewardship purpose timber harvest can only be used where it maintains or improves roadless characteristics and: (1) Improves threatened, endangered, proposed or sensitive species habitat; (2) Reduces the risk of uncharacteristic wildfire effects; or (3)Restores ecological structure, function, processes, and composition. Under this alterative allowed would be "personal-use harvest including firewood" and cutting of Christmas trees. It is stated additionally, that "tree cutting may occur incidental to other management activities such as trail construction or maintenance, removal of hazard trees adjacent to classified roads for public health and safety reasons, fire line construction for wildland fire suppression nor control of the prescribed fire, or for survey and maintenance of property boundaries. Mechanical fuel treatments such as crushing, piling, or limbing would be permitted." (United States Department of Agriculture - Forest Services, 2000)

Alternative 4 - Prohibit Road Construction, Reconstruction and All Timber Cutting Within Inventoried Roadless Areas: This alternative states that road construction and reconstruction activities to include temporary road construction "...would be prohibited in inventoried roadless areas. Timber cutting would be prohibited for commodity or stewardship purposes. Personal use harvest, including firewood and Christmas trees, would be allowed. Limited tree cutting may occur incidental to other management activities such as trail construction or maintenance, hazard tree removal adjacent to classified roads for public health and safety reasons, fire line construction for wildland fire suppression or control of prescribed fire, or for survey and maintenance of property boundaries. Mechanical fuel treatments such as crushing, piling, or limbing would be permitted, but under this alternative, area-wide tree cutting for fuel reduction purposes would be prohibited. These prohibitions would become effective upon implementation of the final rule. Under this alternative, the responsible official may authorize an exception to the prohibition on timber harvest if: (1) such harvest is necessary to prevent degradation or loss of habitat for a threatened, endangered, or proposed species under the Endangered Species Act; or (2) such harvest is needed to promote recovery of a threatened or endangered species." (United States Department of Agriculture - Forest Services, 2000)

Stated as exceptions that are common to all action alternatives are the following which may be authorized by the responsible official relating to road construction or reconstruction in inventories roadless areas when:

road is needed to protect public health and safety in cases of an imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause the loss of life or property;

road is needed to conduct a response action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or to conduct a natural resource restoration action under CERCLA, section 311 of the Clean Water Act, or the Oil Pollution Act;

road is needed pursuant to reserved or outstanding rights, or as provided for by statute or treaty; or Realignment is needed to prevent irreparable resource damage by a classified road. The road must be deemed essential for public or private access, natural resource management, or public health and safety, and the resource damage associated with the road cannot be corrected by maintenance. (United States Department of Agriculture - Forest Services, 2000)

Stated as potential social and economic mitigation measures is that the responsible official may "authorize road construction or reconstruction in any inventoried areas" when: (a) Reconstruction is needed to implement road safety improvement projects on roads determined to be hazardous on the basis of accident experience or accident potential; (b) the Secretary of Agriculture determines that a Federal Aid Highway project, authorized pursuant to Title 23 of the United States Code, is in the public interest or is consistent with the purposes for which the land was reserved or acquired and no other feasible alternative exists; and - a road is needed for prospective mineral leasing activities in inventoried roadless areas. (United States Department of Agriculture - Forest Services, 2000)

One of the following provisions may be implemented by the Chief of the Forest Service in the economic transition program for those communities which are most impacted by management changes in inventoried roadless areas:

1) Provide financial assistance to stimulate community-led transition programs and projects in communities most affected by changes in roadless area management;

2) Through financial support and action plans, attract public and private interest, both financial and technical, to aid in successfully implementing local transition projects and plans by coordinating with other Federal and State agencies: and 3) Assist local, State, Tribal and Federal partners to work with communities most affected by the final roadless area decision. (United States Department of Agriculture - Forest Services, 2000)

III. ANALYSIS of ALTERNATIVES and IMPACTS of ALTERNATIVES

The alternatives set out of the Tongass National Forest include four detailed methods of application of the prohibitions to the Tongass National Forest. Stated is: "The exceptions common to all action alternatives described previously would also apply to these action alternatives." (United States Department of Agriculture - Forest Services, 2000)

The Tongass Exempt classification is stated to be an alternative selected for the rest of National Forest System lands is not applicable to the Tongass National Forest because the Tongass National Forest is exempt from the 'Roadless Rule' and land the land management plan revision is according to the 1999 Record of Decision. Case-by-case analysis is applied to decisions of future proposals of construction of roads and where allowed "by the current land management plan, with roadless characteristics and values analyzed at the project level and raised as an issue. The second stated alternative is that the alternative selected for the rest of the National Forest Land System would apply to the Tongass National Forest. Under this alternative the inventories roadless areas in the Tongass National Forest would not be except "from the final rule and decision but instead the chosen alternative for the rest of the National Forest System would apply to the Tongass National Forest as well. Stated is: "Under this optimal mitigation measure, the Agency may choose to delay implementation of the prohibitions in inventoried roadless areas on the Tongass until April 2004 to allow communities most affected by the final roadless area decision to adjust to changes in management of inventoried roadless areas." (United States Department of Agriculture - Forest Services, 2000)

Under the 'Tongass Deferred' alternative no alternatives selected at this time determine whether road construction should be prohibited in inventorial roadless areas on the Tongass as Part of the 5-Year Plan Review. Stated is that road construction, reconstruction and timber harvest in inventories roadless areas would continue as outlined in the 1999 Record of Decision for the Tongass Lang Management Plan." (United States Department of Agriculture - Forest Services, 2000) the official responsible for the Tongass would have authority to determine "whether the prohibition against road construction and reconstruction, including temporary road construction, should apply to any or all of the inventoried roadless areas of the Tongass at the time of the 5-year review of the April 1999 Tongass Land and Resources Management Plan." (United States Department of Agriculture - Forest Services, 2000)

Tongass selected areas prohibit road construction and reconstruction in Old-growth habitat and semi-remote recreation as well as Remote Recreation land use designations, and LUD IIs within Inventoried Roadless Areas on the Tongass. It is stated that road construction and reconstruction activities, including temporary road construction stated to be prohibited "only within the inventoried roadless areas in the Old-Growth Habitat, Semi-Remote Recreation and Remote Recreation land use designations and LUD IIs." (United States Department of Agriculture - Forest Services, 2000

Stated as the preferred alternative are the following:

The first is one that combines Alternative 3 with Selected Social and Economic Mitigations including: "Prohibition of road construction, reconstruction and timber harvest except for stewardship purposes within inventories roadless areas, while excepting road reconstruction needed for road safety improvements, and federal aid highway projects.

Under the second alternative Tongass is not exempt with selected social and economic mitigations with the alternative selected for the rest of National Forest System lands would be applicable to the Tongass National Forest beginning in April 2004. (United States Department of Agriculture - Forest Services, 2000)

Stated as the purpose of stewardship for the first of the above proposed alternative or Alternative 3 with Social and Economic mitigations is that the harvest would only be utilized where it serves to maintain or improve roadless characteristics and:

1) Improves threatened, endangered, proposed or sensitive species habitat;

2) Reduces the risk of uncharacteristic wildfire effects; or 3) Restores ecological structure, function, processes or composition. (United States Department of Agriculture - Forest Services, 2000)

Exceptions to these prohibitions are stated to be identified and are those will allows the responsible official in authorization or construction or reconstruction in any inventoried roadless area when:

1) a road is needed to protect public health and safety in cases of an imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause the loss of life or property;

2) a road is needed to conduct a response action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or to conduct a natural resource restoration action under CERCLA, section 311 of the Clean Water Act, or the Oil Pollution Act; and 3) a road is needed pursuant to reserved or outstanding rights, or as provided for by statute or treaty; or Realignment is needed to prevent irreparable resource damage by a classified road. The road must be deemed essential for public or private access, natural resource management, or public health and safety, and the resource damage associated with the road cannot be corrected by maintenance. (United States Department of Agriculture - Forest Services, 2000)

The Chief of the Forest Service may also implement either one or more of the following provisions of an economic transition program for the benefit of the communities most affected by changes in management of inventories roadless areas:

1) Provide financial assistance to stimulate community-led transition programs and projects in communities most affected by changes in Roadless Area Management;