Documentation Standards for Finding of No Significant Impact (FONSI)
In Reply Refer To:
1790/1610 (NV-930) P
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Nevada State Office
P.O. Box 12000 (1340 Financial Blvd.)
Reno, Nevada 89520-0006
http://www.nv.blm.gov
February 5, 2009
EMS TRANSMISSION 02/06/2009
Instruction Memorandum No. NV-2009-029
Expires: 9/30/2010
To: District and Field Managers, Nevada
From: Acting State Director, Nevada
Subject: Documentation Standards for Finding of No Significant Impact (FONSI)
Program Area: National Environmental Policy Act (NEPA) and Land Use Planning
Purpose: The purpose of this Instruction Memorandum (IM) is to update guidance for preparing documentation of Findings of No Significant Impact (FONSIs) for BLM Nevada Environmental Assessments (EAs).
Outcome: Statewide consistency for improved documentation of rationale to support a Finding of No Significant Impact (FONSI) for BLM Nevada EAs.
Background: In January 2008, BLM released its revised National Environmental Policy Handbook H-1790-1 (NEPA Handbook). Chapter 8.4.2 of the NEPA Handbook recommends “that the FONSI address the relevant context and intensity factors described in section 7.3, Significance”. This direction is consistent with the CEQ’s recommendation on the format for the EA FONSI. CEQ emphasized that an EA’s defensibility under litigation is stronger if the legal finding under NEPA – the Finding of No Significant Impact, contains rationale that specifically addresses “Context” and the ten points addressing “Intensity” as defined under “Significantly”
in the CEQ regulations (40 CFR 1508.27).
Policy/Action: BLM Nevada will utilize a FONSI format consistent with the CEQ recommendation for all EAs prepared by or for BLM, including EAs developed under BLM or third party contract. A recommended FONSI format based upon the WO suggested format is provided in Attachment 1 for use and reference. Attachment 2 contains definitions of Context and Intensity and further clarifying notes on Intensity criteria 1 and 7. The rationale should consist of a clear and plain language narrative discussion that demonstrates the analysis and conclusions in the EA meets each specific criterion. Specific analysis contained within the EA should not be repeated in the FONSI nor should conclusions on significance be made in the EA, as this is the purpose of the FONSI.
The EA shall be attached to the FONSI per the direction found in Departmental Manual (DM) 516 DM 2.3 and H-1790-1 Rel. 1-1710 (1/30/2008). The NEPA Handbook (Section 8.4.2) also states “The FONSI must not be combined with… [the] decision record”. This direction discontinues established BLM practice of using a combined Decision Record and FONSI (DR/FONSI) as allowed by 40 CFR 1506.4 Combining Documents and H-1790-1 Rel. 1-1547 (10/25/88).
Issuance of H-1790-1 Rel. 1-1710 (1/30/2008) supercedes H-1790-1 Rel. 1-1547 (10/25/88) and no longer contains reference to the EA FONSI language recommended for simple EAs, nor does the current NEPA Handbook provide any distinction between simple and complex EAs found in the previous Handbook.
Although there is no distinction among EAs in regard to complexity, there are program areas that utilize EAs formatted as standard or streamlined documentation for recurring and similar actions covered under more comprehensive programmatic documents (e.g. Las Vegas Valley Rights of Way, NDOT MOU actions). In these cases it is acceptable to utilize the FONSI format below, as adjusted for specific circumstances and programs.
Finding of No Significant Impact
“Based on the attached environmental assessment for the [Project Name and EA reference number], I have determined that the selected alternative as described in the EA, will not significantly affect the quality of the human environment. Therefore, preparation of an environmental impact statement is not required prior to approving and implementing the action. This finding is based on my consideration of the Council on Environmental Quality criteria for significance with regard to context and intensity of impacts (40 CFR 1508.27)”.
The recommended format in Attachment 1 shall be used for any proposed action that: involves decisions related to implementing BLM land use plans; requires analysis of a range of alternatives; requires gathering and interpretation of baseline or monitoring data; or involves the use of simple or complex modeling for impact analysis.
Timeframe: Effective immediately.
Budget Impact: None
Manual/Handbook Sections Affected: Clarifies H-1790-1 Rel. 1-1710 (1/30/2008).
Coordination: This IM has been coordinated with the BLM Nevada Division of Minerals, Fire and Aviation, Natural Resources, Lands and Planning, and BLM Nevada District Offices.
Contact: If there are any questions regarding implementing this guidance, please do not hesitate to contact Brian C. Amme, Nevada State Office Planning and Environmental Coordinator at (775) 861-6645, or via email at Brian_Amme@blm.gov
Signed By:
Amy L. Lueders
Acting State Director
Authenticated By:
Ellyn Darrah
Administrative Assistant
Attachments
1 – FONSI Format
2 – Definitions