Child Care Bureau: Laws, Policies, Program Instructions, and Allocations

CCDF Construction and Renovation Procedures for Tribal Lead Agencies

Compliance with the National Environmental Policy Act

An application to use CCDF funds for construction/renovation must include an environmental assessment in accordance with the National Environmental Policy Act (NEPA). The purpose of the required environmental assessment is to determine whether the proposed construction or renovation will or will not significantly affect the quality of the human environment.

Contents. In response to item 18(a) of the construction/renovation application requirements, the assessment must:

Describe the potential environmental impacts of the proposed construction or renovation project. This description should indicate whether the proposed construction/renovation would significantly affect the quality of the human environment. (See additional guidance below under Criteria).
Indicate whether the proposed construction/renovation site is near any of the following: historic or cultural resources, park lands, prime farmlands, habitats of endangered species, wetlands, wild and scenic rivers, streams and other bodies of water, coastal zones, floodplains, marine sanctuaries, or sole source aquifers. Generally, for projects with these unique characteristics, the Administration for Children and Families will need to consult with appropriate Federal or State agencies in order to approve the proposed construction/renovation.
Describe measures, including suitable pollution prevention techniques, which would be taken to avoid or mitigate potential environmental impacts associated with the proposed construction/renovation project. Such measures might include soil erosion and sedimentation controls and the use of recycled products.
Describe in detail the environmental impact of reasonable alternatives to the proposed construction/renovation project (including delaying the project, or choosing not to construct/renovate), particularly those that will enhance the quality of the environment and avoid some or all of the adverse environmental effects of the proposed action
Compare the environmental benefits and risks of the proposed construction/ renovation project and the reasonable alternatives (identified in item 4 above), identifying the preferred action based on environmental factors.
List those persons preparing the assessment and their areas of expertise, and persons and agencies consulted. Preparation of the assessment should involve consulting with interested agencies and persons. In addition, the Tribal Lead Agency should provide public notice of: (1) any public hearings or meetings that occur as part of the preparation of this assessment; and (2) the availability of the environmental assessment and related documents for review by the public. Public notice might include publication in local newspapers or newsletters, use of other local media, or direct mailing to owners and occupants of nearby or affected property.
List complete citations for all referenced documents and include copies of referenced articles that are not generally available.

Criteria. The assessment should determine whether the proposed construction or renovation will or will not "significantly affect the quality of the human environment" by means of the following steps:

Identify those things that will happen as a result of the proposed construction or renovation project. A project normally produces a number of consequences (e.g., will involve construction activity; will result in the provision of child care services).

Identify the "human environments" that the proposed construction/ renovation will affect. The human environments include terrestrial, aquatic, subterranean and aerial environments, such as islands, cities, rivers, or parts thereof.

Identify the kinds of changes that the proposed construction/renovation will cause on these "human environments." A change occurs when a proposed construction/ renovation project causes the human environment to be different in the future than it would have been absent the proposed project. For example: an increase in a human population; the introduction of a new chemical compound to natural environments; or an increase of traffic through residential neighborhoods. Effects in both the near term (e.g., during the construction or renovation process) and reasonably foreseeable future (e.g., after the construction or renovation has been completed) must be considered. Identify the magnitude of any change (e.g., whether the change will affect one neighborhood, the entire tribal service area, etc.).

Identify whether these changes are significant. Determining whether or not a proposed construction/renovation project will cause significant changes involves a case-by-case determination. This determination should consider:

Impacts that may be both beneficial and adverse. A significant effect may exist even if on balance the effect will be beneficial.
The degree to which the proposed project affects public health and safety.
Unique characteristics of the geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, streams and other bodies of water, coastal zones, floodplains, marine sanctuaries, sole source aquifers, or ecologically critical areas.
The degree to which the effects on the quality of the human environment are likely to be highly controversial.
The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks.
The degree to which the project may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration.
Whether the project is related to other actions with individually insignificant but cumulatively significant impacts. Significance exists if it is reasonable to anticipate a cumulatively significant impact on the environment. Significance cannot be avoided by terming a project temporary or by breaking it down into small component parts.
The degree to which the project may adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places or may cause loss or destruction of significant scientific, cultural, or historical resources.
The degree to which the project may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of 1973. The establishment of a species in or removal of a species from an environment is significant.
Whether the project threatens a violation of law or requirements imposed for the protection of the environment.
Whether the project changes the characterization of an environment (e.g., from terrestrial to aquatic); such a change is considered significant.

Consider alternatives to the proposed construction/renovation. The assessment should identify any reasonable, appropriate alternatives to the proposed construction/renovation project, and discuss the environmental impacts of these alternatives. Alternatives include: choosing not to construct/renovate; other reasonable courses of action (e.g., delaying the project, choosing another location); and mitigation measures to avoid or reduce potential environmental impacts.

The above guidance is based on NEPA regulations issued by the Council on Environmental Quality (40 CFR Parts 1500-1508), and the Department of Health and Human Services' Revised General Administrative Manual, Part 30 - Environmental Protection (published in the Federal Register on February 25, 2000).