CCDF Construction and Renovation for Tribal Lead Agencies |
| Index: ACYF-PI-CC-97-06 | National Environmental Policy Act | National Historical Preservation Act | (Collection available in Word and PDF) |
| Related
Items: ACF Regional Administrator
| 1997 Construction and Renovation
Procedures Note: ACYF-PI-CC-97-05 has been superseded by 2001 Construction and Renovation Procedures for Tribal Lead |
Attachment A: National Environmental Policy Act |
The uniform procedures for requesting to use Child Care and Development Fund (CCDF) monies for construction or renovation (ACYF-PI-CC-97-05); August 18, 1997) require that a tribal Lead Agency include in its written application:
An assessment of the impact of the proposed construction or renovation on the human environment, addressing in particular any significant change in land use (including substantial increases in traffic in the surrounding area due to the provision of transportation services), pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 1674332(2)(C) and its implementing regulations (40 CFR Parts 1500-1508).
The purpose of the assessment is to determine whether the proposed construction or renovation will or will not significantly affect the quality of the human environment. The assessment should evaluate the expected environmental consequences of the proposed construction/renovation by means of the following steps:
Identify those things that will happen as a result of the proposed construction/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 long term (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 affect 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, 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.
Examples of changes that would not be judged significant include changes which:
- Do not produce direct, indirect, or cumulative effects which
will last beyond one year.
- Are remotely possible and involve a relatively small environment.
The assessment should also identify any reasonable, appropriate alternatives to the proposed construction/renovation project, and discuss the environmental impacts of these alternatives.
Finally, preparation of the assessment should involve consulting with interested agencies and persons, and the assessment should include a listing of any agencies and persons consulted.
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 document 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.
Direct any questions to the appropriate ACF Regional Office (listed in Attachment C).
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' General Administrative Manual, Part
30 - Environmental Protection, Chapter 30-60 - NEPA Review.
| Index: ACYF-PI-CC-97-06 | National Environmental Policy Act | National Historical Preservation Act | (Collection available in Word and PDF) |
| Related
Items: ACF Regional Administrator
| 1997 Construction and Renovation
Procedures Note: ACYF-PI-CC-97-05 has been superseded by 2001 Construction and Renovation Procedures for Tribal Lead |