Procedures for Publishing NEPA and NHPA Information on the Internet
April 24, 2014
In Reply Refer To:
1610/8100 (CA930) P
EMS TRANSMISSION: 4/24/14
Instruction Memorandum No. CA-2014-018
Expires: 9/30/15
To: All CA District and Field Managers
Attention: Cultural Resource Specialists and Planners
From: State Director
Subject: Procedures for Publishing NEPA and NHPA Information on the Internet
Program Area: Cultural Resources and Planning
Purpose: To inform District and Field Offices about changes to mandatory procedures for publishing NEPA and NHPA information on the internet.
Policy/Action: Update and maintain required NEPA and NHPA information on the Internet.
Timeframe: This IM is effective immediately.
Budget Impact: Negligible.
Background: Since 2006, the Bureau of Land Management (BLM) has provided information to the public on the BLM website related to National Environmental Policy Act (NEPA) documents improving compliance with the NEPA. The information is input by each District and Field Office on a user-friendly web database developed by the State Office, so that the public can self-access NEPA document information.
In February of this year, the BLM executed a new State Protocol prescribing the manner in which the BLM complies with Section 106 of the National Historic Preservation Act (NHPA) via streamlined procedures. The State Protocol tiers from a National Programmatic Agreement (NPA) executed in 2012. The NPA required several significant revisions to the State Protocol to better follow through on mandatory cultural resource compliance procedures.
One of the biggest changes for Section 106 review in the 2012 NPA was a change in how the BLM would provide the public information about pending projects prior to completing Section 106 reviews. The CA-BLM has taken the most cost effective and expeditious approach to do this by embedding minor enhancements to the NEPA disclosures already posted on the internet. The NEPA website information will also now include information regarding the Section 106 status for projects.
Information Procedures
The BLM website related to National Environmental Policy Act (NEPA) demonstrates improving compliance with the NEPA. This Section 106 information is a mandatory Protocol stipulation that is intended to supplement current consultation procedures. It is not intended to replace current consultation practice and public outreach. The information must be made available to the public for a minimum number of days on the internet prior to executing the Section 106 decision. The minimum length of time that the proposed Section 106 decision must be posted is set by the level of NEPA (7 days for DNAs and CX’s, 15-30 days for EA’s, and 45 days for EIS’s). The Archaeologist, with concurrence of the District or Field Manager, is responsible for developing the Section 106 determinations as specified in the Protocol.
Options for Section 106 entries on the web are limited to seven drop down choices.
1. REV = The proposed undertaking is in review and no preliminary determination has been
made (Not part of the timeline for public disclosure. Use this when no Section 106
decision has been proposed yet but a NEPA entry is to be posted on the web).
2. EXM = Exempt activity as defined in the 2014 State Protocol (Subject to the minimum
timeline for public disclosure).
3. NHA = Preliminary determination of no historic properties affected (Subject to the
minimum timeline for public disclosure).
4. NAE = Preliminary determination of no adverse effect to historic properties (Subject to
the minimum timeline for public disclosure).
5. ADV = Preliminary determination of an adverse effect to historic properties (Subject to
the minimum timeline for public disclosure).
6. AGM = The BLM plans to comply with Section 106 of the National Historic
Preservation Act through the development and execution of an Agreement Document by
a Memorandum of Agreement (MOA) or a Programmatic Agreement (PA) (Subject to
the minimum timeline for public disclosure).
7. CMP = Responsibilities under the National Historic Preservation Act for the proposed
activity are complete (The final Section 106 determination can be made changed to
complete and posted on the web after Item 2, 3, 4, 5, or 6 has been posted for the
minimum number of days specified.)
Computer Access
Each District and Field Office is responsible for inputting the NEPA and NHPA entries on the internet. The Archaeologist and the Planner, working with the District or Field Manager are responsible for the content (Archaeologist for the NHPA, and Planner for the NEPA), but the actual data entry can be input by other personnel in the District or Field Office, since it requires no special technical knowledge to load on the internet.
Training
Information regarding this new procedure has been previously provided during teleconference briefings and in-person trainings to Field Office Archaeologists, Field Managers, District Managers and others as part of the training for rolling out the 2014 Protocol. A webex or similar virtual meeting will be held, if needed, to provide a hands-on demonstration after the IM has been distributed and the District and Field Offices have had time to test the system.
Manual/Handbook Sections Affected: None.
Coordination: Direct questions regarding this IM to Tony Overly, Archeologist, for Protocol questions at (916) 978-4684; Sandra McGinnis, Environmental Protection Specialist, for NEPA questions at (916) 978-4427; or Jeff Graham for computer access questions at (916) 978-4554.
Signed by:
Angie Lara
Associate State Director
Authenticated by:
Richard A. Erickson
Records Management