What is NEPA?

The National Environmental Policy Act, or NEPA, is a federal law that requires federally-funded projects to evaluate a range of alternatives, including a “no build” alternative and the impacts of those alternatives on the environment. It also requires agencies to consider input from the public, Tribal governments and other agencies before making a final decision.

The federal law was enacted in 1970, a time when many modern environmental laws were written as a result of several environmental disasters and a national consensus that clean air, clean water, healthy forests and thriving animal populations are important to U.S. citizens.

Confusion can arise over the “NEPA” acronym. The “P” stands for “policy” not “protection.” Agencies are not required to select an option or alternative that has the least impact to the environment. They are required to consider the full range of alternatives before making that decision.

Why does NEPA apply to this project?
The NEPA process applies to the Columbia River Crossing project for two reasons: Interstate 5 is a publicly owned facility and the project receives federal funding.

How does NEPA work?
Depending on the type of project, the environmental effects fall into one of three categories:

No effect on the environment;
No “significant” effect on the environment; and
Environmental effects expected. Based on the size of the Columbia River Crossing project, we expect significant effects on the human and/or natural environment. Projects with little or no effect on the environment have fewer requirements under the law.

Overview of the NEPA process:

Explain why the project is needed. (“Define the purpose and need”)
The Purpose and Need statement explains why the project is necessary and the fundamental problems the project should address. The Purpose and Need also guides the development of preliminary alternatives, and helps decision makers narrow those alternatives to one that best meets the project needs.

Ask the public: What should the agency consider in this project? (“Scoping”)
Early in the NEPA process, Tribal Governments, the public and other agencies are given a chance to contribute information about community and environmental issues. Often public meetings are held. This step informs tribes, citizens and agencies about the proposed project, lets them know how any studies will be conducted, and solicits their input on issues and potential solutions to consider.

Identify the potential range of options to address the need. (“Define proposed action and preliminary alternative”)
The project team will describe the proposed project and the initial range of alternatives. Preliminary alternatives are usually broad and subject to change. Information from the previous step is often used to develop the preliminary alternatives.

Answer the question: Will the project affect the environment? (“Will the project result in significant environmental impacts?”)
If the agency leading the work effort knows a project will have significant environmental impacts, the agency will plan to write a report, called an “Environmental Impact Statement (EIS).” An EIS is a comprehensive report that describes in detail the effects to the natural and human environment for each of the alternatives under consideration.

Evaluate options to deal with the need (“Preliminary alternatives analysis and screening”)
Before writing the Draft EIS, project managers will compare each of the preliminary alternatives to ensure that a broad range of options has been considered. Project managers and the public have the opportunity to compare benefits and impacts of implementing different project approaches. Some alternatives will be dropped at this stage and the most promising carried forward into the Draft EIS.

Study the impacts to the natural and human environment (“Prepare and issue Draft EIS”)
The project team will thoroughly research and analyze all of the potential environmental effects associated with the alternatives being considered and write the Draft EIS. The Draft EIS is made available for public review and comment.

Hold a public hearing
One or more public hearings are required for a Draft EIS. The hearing is advertised locally and is usually held during the public review period with enough time remaining to gather additional public comments.

Identify the best option/alternative (“Prepare and issue final EIS”)
After the public hearing and the Draft EIS comment period, the project team prepares the Final EIS. The Final EIS includes public comments received, and describes coordination that occurred since the Draft EIS was published. It also identifies the best or “locally preferred” alternative, why it was chosen, and any design commitments and mitigation measures.

Publish decision on best option (“Prepare record of decision”)
The federal lead agencies for this project, the Federal Highway Administration and the Federal Transit Administration, must publish their decision in the Federal Register. Non-federal agencies seek approval for the chosen option at this step. The record of decision (ROD) summarizes the basis for the project decision. The ROD does not commit an agency to action, and does not guarantee funding. It identifies the alternatives considered, including any “preferred alternative” and whether the project proponent has taken steps to minimize environmental harm. The ROD includes responses to substantive public comments on the Final EIS, and summarizes any mitigation measures or environmental commitments.