Description:

The CEQ NEPA Task Force (NEPA TF) will focus on modernizing the NEPA process. Rapid advances in technology and information security concerns following the events of September 11, 2001 are the most recent factors highlighting the need to reassess NEPA practices. Federal agencies’ environmental processes (analyses conducted, documents produced, and operational implementation and management) under the NEPA planning umbrella continue to raise questions over the efficiency, effectiveness and management of the NEPA process in the 21^st century. In addition to technology and information security issues, the NEPA TF will focus on the implementation of NEPA with regard to intra- and inter-governmental collaboration and the roles of lead, joint-lead, and cooperating agencies. As it focuses on implementing NEPA, the NEPA TF will specifically examine the relationship of programmatic and tiered analyses. The NEPA TF will examine opportunities for using programmatic analyses; for example, examining performance based alternatives to facilitate decisional outcomes that provide flexibility in selecting alternatives that implement performance standards. The NEPA TF will also examine opportunities to employ adaptive management during program/project/activity implementation and explore opportunities where greater clarity in the regulations or guidance could afford greater efficiencies in analysis and documentation.

The Task Force will examine:

1. Current best practices and opportunities for technology to enhance the process (e.g., data collection, electronic communication with stakeholders, GIS based management, visualization in documentation).
2. Current best practices and protocols to identify and address information security concerns (e.g., handling sensitive infrastructure and operational scenarios) at various stages in the process (assembling administrative record; scoping; initial studies and analyses; preparation of draft documents for circulation; receiving and responding to comments; preparation and distribution of final documents).
3. Current best practices and opportunities to improve the NEPA process by examining the use of programmatic analyses to identify and support decisions that provide flexibility, including adaptive management and using environmental management systems, when implementing policy/program/activity decisions.
4. Current best practices and opportunities to improve intragovernmental and intergovernmental (Tribes, States and local governmental entities) collaboration, by examining how agencies establish:
• Joint lead agency status.
• Cooperating agency status.
• Agency NEPA project preparation teams (e.g., IDT’s).
5. Opportunities to modernize NEPA practices and procedures regarding
• Establishing categorical exclusions.
• Management of public comments.
• Scope of environmental assessments and environmental impact statements.

Projected Products:

The Task Force will provide recommendations for either revising NEPA procedures or developing additional guidance, and develop a best practices publication and forum. The projected products include:

1. Proposed guidance on using technology.
2. Proposed guidance on addressing information security concerns.
3. Recommendations to modernize NEPA practices and procedures that address intra- and inter-governmental collaboration, to include:
• Relationships between lead, joint-lead, and cooperating agencies;
• Collaboration without cooperating agency status; and
• NEPA preparation teams.
4. Recommendations to modernize NEPA practices and procedures regarding:
• Programmatic analyses and tiering;
• Performance based alternatives;
• Adaptive management;
• Scope of environmental impact statements and assessments;
• Management of public comments; and
• Establishing categorical exclusions.
5. Best Practices Publication (pamphlet & web-based) that includes:
   • Technology to facilitate the NEPA process and analyses;
   • Information security (handling sensitive information in NEPA analyses and documentation);
   • Examples of intra- and inter-governmental collaboration;
   • Examples of programmatic and tiered analyses that focus on performance based alternatives; and
   • Examples of adaptive management during program/project/activity implementation.
6. Prioritized list of issues that merit further consideration.

Approved: _______________________
                 James L. Connaughton
                 Chairman, Council on Environmental Quality