C04s Attachment 15 DRAFT USDA EIS ROD Template 1284LM26Q0117.docx

Name of Agency Unique ID Number (REQUIRED) Month Year Instructions are in blue text in text boxes throughout this template. Delete all text boxes before finalizing this document. Also, delete any sections in the document that are not required and you choose not to use. To use EndNote with this template, delete fillable form fields before typing in that section of the document.

Title of Proposal Environmental Impact Statement add “and Record of Decision” if included in this document

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The information on this page is required. See 7 CFR 1b.7(h)(1).

If there is no need to specify a lead agency or there are no joint or cooperating agencies, delete those lines.

For More Information Contact:

Name Address Email Phone number

Lead Agency: Name of the lead agency

Joint Agency: Name of the joint agency, if any. If none, delete.

Cooperating Agency(ies): Names of cooperating agency(ies), if any. If none, delete.

States, Counties, and Other Jurisdictions: List the states, counties, or any other pertinent jurisdictions where the proposal is located.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the State or local Agency that administers the program or contact USDA through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

Table of Contents

Proposal Information This section is provided to facilitate better project management and is not required. Add/delete fields as needed or delete the entire section if not deemed useful.

General Information Proposal Name: Proposal Name Proposal Initiation Date: Click here to enter a date Proponent Name: Proponent Name; proponent can be an internal or external party Signing Authority: Level of Official Authorized to Sign Responsible Official: Enter official’s name Unit: Field, State, Regional, etc. Office Name Anticipated Implementation of Proposal: Date/Timing Proposal Record Location: Link to where proposal documentation should be filed GIS Info: Link to where proposal GIS info is located Proposal Webpage: Link to public proposal webpage General Location of Proposal: Describe the general location of where activities are proposed, such as nearby town, road, topographical feature, facility, etc.

Purpose and Need: Why is action needed?

This section is required by 7 CFR 1b.7(h)(2). The need for action can discuss the relationship between the desired condition and the existing condition in order to understand why action is needed at this time. When a USDA agency’s statutory duty is to review an application for authorization, the agency may base the purpose and need on the goals of the applicant and the agency’s authority.

Describe the purpose and need for action.

No Action: What happens if no action is taken?

This section is required by 7 CFR 1b.7(h)(3).

Negative environmental impacts of not implementing the proposed action may be discussed in this section of the environmental impact statement or in conjunction with environmental impacts, as specified in paragraph 7 CFR 1b.7(h)(5)(iv). If addressing the consequences of taking no action in the Environmental Impacts section, state that.

Describe the consequences of taking no action, or state that this discussion will occur in the Environmental Impacts section.

Proposed Action: What are we proposing to do?

This section is required by 7 CFR 1b.7(h)(3). See definition for design criteria at 1b.11(a)(11).

The proposed action should include any design criteria identified during the interdisciplinary process. Where design criteria have been added to address an issue, that issue should no longer be analyzed in detail, though could be mentioned as an issue considered and the reason detailed analysis is no longer needed (i.e. addressed by design criteria).

Describe the proposed action, including design criteria.

Alternatives to the Proposed Action: Are there other ways to meet the purpose and need?

This section is required by 7 CFR 1b.7(h)(3).

If design criteria already included in the proposed action will be included in the action alternatives, or vary slightly, describe what is the same or what differs. Do not relist the design criteria for each action alternative. Add tables or other similar tools that allow the reader to compare and contrast the differences between the action alternatives, to include the proposed action.

Describe the action alternatives.

Alternatives Considered but Not Analyzed in Detail This section is required by 7 CFR 1b.7(h)(3)(iii). Describe alternatives considered but not analyzed in detail. If no alternatives were considered but not analyzed in detail, state that.

Describe alternatives considered but not analyzed in detail.

Interdisciplinary Proposal Screening This section is optional but can be helpful for establishing responsible official expectations for analysis, which can reduce unnecessary analysis and process.

Given the nature of the proposal, the responsible official is requesting documentation to demonstrate compliance with the following legal and regulatory considerations in addition to NEPA:

List other laws as needed. Add sections for any laws needing consideration but not included in the document below. Pertinent Executive Orders can also be updated in the applicable section below. Sections for any laws not needing consideration can be deleted.

EIS-2

☐ Endangered Species Act (ESA) ☐ National Historic Preservation Act (NHPA) ☐ Tribal Consultation (EO 13175) ☐ Clean Air Act (CAA) ☐ Clean Water Act (CWA) ☐ Pertinent Executive Orders

Special Management Areas:

☐ Coastal Zone Management Areas ☐ Conservation Easements ☐ Coral Reefs ☐ Inventoried Roadless ☐ Marine Sanctuaries ☐ National Recreation Areas ☐ National Scenic & Historic Trails ☐ Research or Experimental Areas ☐ Wild & Scenic River Corridors ☐ Wilderness ☐ Other: specify area type

Scope of Analysis This section is required. See 7 CFR 1b.7(g).

The following describes how the agency drew a reasonable and manageable line relating to its consideration of environmental effects from the proposed action and action alternatives that extend outside the geographical territory of the proposal, might materialize later in time, that fall outside of the agency’s regulatory authority, or that would have to be initiated by a third party.

Think of this as describing the effects boundary temporally, spatially, and by scope (actions outside of the agency’s regulatory authority or that have to be initiated by a third party).To the extent it assists in reasoned decision-making, the agency may, but is not required to by NEPA, analyze environmental effects from other actions separate in time, or separate in place, or that fall outside of the agency’s regulatory authority, or that would have to be initiated by a third party. If the agency determines that such analysis would assist it in reasoned decision-making, it will document this determination and explain where it drew a reasonable and manageable line relating to the consideration of such effects from such separate actions.

Describe how the agency drew a reasonable and manageable line relating to its consideration of any environmental effects from the proposed action (and action alternatives, if any) that extend outside the geographical territory of the proposal, might materialize later in time, that fall outside of the USDA subcomponent's regulatory authority, or that would have to be initiated by a third party.

Agencies and Persons Consulted This section is required. See 7 CFR 1b.7(h)(6).

Given the nature of the proposal, the responsible official consulted the following agencies, organizations, tribes, and persons during development and analysis of the proposal:

Agencies List agencies consulted Organizations/Businesses List organizations/businesses consulted Native American Tribes List tribes consulted or refer to the “Consultation with Federally Recognized Tribes” section Individuals List types of individuals consulted; do not list actual names Tables like the one below are provided throughout this template to allow for incorporation by reference of material that may be included in the proposal/project record but does not need to be included in full in the EIS. See 7 CFR 1b.9(e)(7)(i)-(iii).

Table 1: Applicable proposal record documentation to support agencies/persons consulted

Subject Matter Expert Participation in Environmental Review The responsible official has requested the following resource areas to review the proposal to determine compliance with the legal and regulatory considerations:

This section, and especially the LAST COLUMN, is optional but this initial input from subject matter experts (SMEs) can help the responsible official determine how to move forward with the proposal. See 7 CFR 1b.9(g).

Delete LAST COLUMN if not needed. Add/delete rows and update SME titles as needed. Upon completing the environmental analysis and regulatory compliance review, SMEs (or the project leader or proponent after speaking with the SME) need to enter their name and date in the Review Complete column indicating no further work is needed for their resource. This is merely a tool for tracking progress and this table can be deleted in its entirety at any point; however, documenting the SME that completed the analysis and keeping this for future reference in the document can be helpful if resource coordination is needed during implementation.

Table 2: Documentation of Subject Matter Expert review completion

SME’s name Field Visit: Choose an item Estimated Total # of Days to Complete Work: Choose an item Is consultation with a regulatory agency anticipated?

YES☐ NO☐ Unsure☐

SME’s name Field Visit: Choose an item Estimated Total # of Days to Complete Work: Choose an item Consultation anticipated for: SHPO☐ Tribal☐ None☐

SME’s name Field Visit: Choose an item Estimated Total # of Days to Complete Work: Choose an item Is consultation with a regulatory agency anticipated?

YES☐ NO☐ Unsure☐

SME’s name Field Visit: Choose an item Estimated Total # of Days to Complete Work: Choose an item

SME’s name Field Visit: Choose an item Estimated Total # of Days to Complete Work: Choose an item

SME’s name Field Visit: Choose an item Estimated Total # of Days to Complete Work: Choose an item Is consultation with a regulatory agency anticipated?

Yes☐ No☐ Unsure☐

Substantive Issues Considered for Analysis This section and the next section are optional but identifying substantive issues considered for analysis facilitates analytic analysis, which leads to reductions in both paperwork and delays. See 7 CFR 1b.9(e)(3) and (f)(7). Also see definitions for “issue” and “substantive” at 7 CFR 1b.11(a)(23) and (53), respectively. Also see the Certifying Statement for EIS Page Limit and Deadline section below.

Substantive issues are those issues that meaningfully inform the consideration of impacts on the human environment and the resulting decision on how to proceed. These issues should be identified through the interdisciplinary screening process and approved by the responsible official. These issues serve the purpose of guiding the discussions included in the Environmental Review & Consultation section.

Describe substantive issues that are being analyzed in detail.

Issues Considered but Dismissed from Detailed Analysis Describe issues considered for analysis but dismissed because they were not found to be substantive.

Environmental Review & Consultation This overall section is required; however, some subsections may not be required. See 7 CFR 1b.(7)(h)(4)-(6) and 1b.9(4).

The following documents compliance with the National Environmental Policy Act (NEPA) and other relevant environmental laws, executive orders, and regulations.

NEPA: Potentially Affected Environment This subsection is required. See 7 CFR 1b.2(f)(3)(i) and 7 CFR 1b.7(h)(4).

The affected environment includes the existing physical, biological, social, and economic factors that may be impacted by the agency’s proposal, taking into consideration as needed, other ongoing or reasonably foreseeable actions that contribute to the condition of those factors.

Describe the affected environment.

Endangered Species Act This form is not intended to replace a BA when one is needed. Options are provided for capturing ESA determinations in this form.

The pertinent subject matter expert(s) reviewed the proposed action and action alternatives and documented determinations for threatened, endangered, proposed and/or candidate species (TEPC) and/or critical habitat in a biological assessment. A “may affect, likely to adversely affect” determination was reached for the following species:

Botany, fish/aquatic, and wildlife species should all be listed here.

If no review is needed for ESA species, state this in the field box below and provide rationale. Then delete all content in this section after the field box below.

If review is needed, this section focuses on capturing only May Affect, Likely to Adversely Affect determinations that the Responsible Official needs to be aware of when making their decision on how to proceed. You can use the field box below or the table.

May Affect, Likely to Adversely Affect: Northern Spotted Owl, Water Howelia, Lower Columbia River Steelhead If you use the table (delete the field box) – Enter species and select the applicable status and presence. Add additional rows by clicking in the last row and then click on the plus (+) button in the bottom right corner.

Refer to the biological assessment in the Supporting Proposal Record table below.

If no review needed, provide rationale here. If review needed and not using the table below to capture species/habitat with an “May affect, likely to adversely affect” determination, list species/habitat here.

Table 3: May Affect, Likely to Adversely Affect Determination for TEPC Species/Critical Habitat

Choose an item Choose an item

Choose an item Choose an item

Table 4: Applicable proposal record documentation to support ESA compliance

National Historic Preservation Act – Section 106 Review The pertinent subject matter expert has reviewed the proposed action and action alternatives and made the following determination regarding Section 106 compliance:

Choose an item Summarize the analysis and conclusions that support Section 106 compliance, such as citing design criteria and field surveys completed. If required by agency policy, provide confirmation that a qualified heritage professional has made a recommendation to the authorizing agency official regarding the finding of effect, as documented in the list above, and has concluded the Section 106 process.

Provide additional rationale if needed or explain if modifications to the proposal are needed and why. Be sure not to disclose, or refer to, any proprietary data.

Table 5: Applicable proposal record documentation to support NHPA compliance

Consultation with Federally Recognized Tribes Consultation with federally recognized tribes was conducted as follows:

List Tribes, dates of consultation, and outcome – or reference other proposal record documentation. Be sure not to disclose, or refer to, any proprietary data.

Table 6: Applicable proposal record documentation to support tribal consultation

Clean Water Act The pertinent subject matter expert has reviewed the proposed action and action alternatives and made the following determination:

Select determination. If needed, provide additional rationale or describe any proposal modifications and/or coordination that needs to occur to ensure compliance.

Choose an item Provide additional rationale if needed Table 7: Applicable proposal record documentation to support CWA compliance

Clean Air Act The pertinent subject matter expert has reviewed the proposed action and action alternatives and made the following determination regarding the Clean Air Act:

Select determination. If needed, provide additional rationale or describe any proposal modifications and/or coordination that needs to occur to ensure compliance.

Choose an item Provide additional rationale if needed Table 8: Applicable proposal record documentation to support CAA compliance

Special Management Area Considerations The pertinent subject matter expert has reviewed the proposed action and action alternatives and made the following determinations based on special management area presence, proximity, or lack of:

Choose an item Delete the table below if no activities are proposed within or in the vicinity of special management areas. Special management areas may include coastal zone management areas, conservation easements, coral reefs, inventoried roadless, marine sanctuaries, national recreation areas, research or experimental areas, wild and scenic rivers, wilderness etc.

If additional documentation is needed, use the table below to list the type of management area, state the applicable law/regulation, and describe how the proposal is compliant. If you want to refer to the proposal record documentation, you can list it in the applicable proposal record documentation table.

Table 9: Special management area compliance determinations

Table 10: Applicable proposal record documentation to support special management area compliance

Pertinent Executive Orders List other Executive Orders, or delete existing ones, as needed. Agencies are advised to check the Federal Register to ensure an Executive Order has not been recently rescinded or revised.

The applicable subject matter experts have determined the proposed action and action alternatives are in compliance with the following Executive Orders (EO), which were deemed pertinent based on the nature of the proposal:

EO 11988, Floodplain Management – requires determination of action occurring in a floodplain, using HUD floodplain map or more detailed map if available.

Additional explanation to support compliance with EO; if none needed, delete this field EO 11990, Protection of Wetlands – avoid actions within wetlands unless there are no practical alternatives, and the action includes all practicable means to minimize harm to wetlands.

Additional explanation to support compliance with EO; if none needed, delete this field EO 13007, Indian Sacred Sites – avoid adversely affecting the physical integrity of these sites.

Additional explanation to support compliance with EO; if none needed, delete this field EO 13112, Invasive Species – prevent the introduction of invasive species and provide for their control and to minimize the economic, ecological, and human health impacts that invasive species cause.

Additional explanation to support compliance with EO; if none needed, delete this field EO 13186, Migratory Birds – identify actions that may have a measurable negative effect on migratory bird populations.

Additional explanation to support compliance with EO; if none needed, delete this field EO 13443, Facilitation of Hunting Heritage and Wildlife Conservation – expand and enhance hunting opportunities.

Additional explanation to support compliance with EO; if none needed, delete this field Table 11: Applicable proposal record documentation to support EO compliance

NEPA: Environmental Impacts This subsection is required. See 7 CFR 1b.2(f)(3)(ii) and (iii) and 1b.7(h)(5). The discussions below should be guided by the “Substantive Issues Considered for Analysis”. As needed, add tables, maps, or other similar tools to each section that allow the reader to meaningfully compare and contrast the difference in effects between alternatives.

Where analysis is completed to demonstrate compliance with the laws/regulations/executive orders listed above and already describes short and long-term adverse or beneficial effects, that analysis can be referred to or succinctly summarized in this section, per 7 CFR 1b.7(h)(5): …When conducting analysis and documenting determinations for compliance with other applicable environmental laws, regulations, or executive orders (e.g., analysis completed for Endangered Species Act, National Historic Preservation Act, Clean Water Act, etc.), as deemed necessary by the responsible official, that analysis may be relied on to inform discussions of significance in the environmental impact statement.

Where an issue may already be covered by analysis and compliance discussions for another environmental law (e.g. ESA, CWA, NHPA) and the issue is sufficiently addressed in another section of this document, simply refer to where that discussion can be found and do not repeat it in this section.

If design criteria were added to the proposed action and/or alternatives to avoid adverse environmental effects, then those effects should not be discussed here.

What are the reasonably foreseeable short- and long-term beneficial or adverse effects of implementing the proposed action or action alternatives on the environment, public health and safety, economics, and the quality of life of the American people?

Describe the reasonably foreseeable effects of the proposed action and alternatives. Effects may be described as short- and long-term and adverse or beneficial.

Are there opportunities to lessen adverse environmental impacts?

If design criteria were already added to the proposed action and/or alternatives to avoid or lessen adverse effects, explain that here and refer to where those can be found.

If there are additional opportunities to lessen adverse effects that were not included as design criteria but could be added as mitigation measures in the Record of Decision, describe those here and specify how they would lessen effects for a particular resource(s).

Describe opportunities, if any, to lessen adverse environmental impacts.

What are the short- and long-term adverse or beneficial consequences to public health and safety, economics, and the quality of life of the American people if the proposed action or action alternatives are not implemented?

Describe any short- and long-term adverse or beneficial consequences to public health and safety, economics, and the quality of life of the American people if the proposed action or alternatives are not implemented.

How will the proposed action or action alternatives make an irreversible and irretrievable commitment of Federal resources?

Provide a brief explanation of what Federal resources, if any, will be irreversibly and irretrievably committed.

How will the irreversible and irretrievable commitment of Federal resources contribute to a loss of long-term productivity for the human environment?

Provide a brief explanation as to how the irreversible and irretrievable commitment of Federal resources, if any, will contribute to a loss of long-term productivity for the human environment.

Certifying Statement for EIS Page Limit and Deadline This section is required. See 7 CFR 1b.7(h)(8). Must be able to check every box.

The Responsible Official certifies that this EIS:

☐ Demonstrates the agency has thoroughly considered the factors mandated by NEPA;

☐ Represents the agency’s good-faith effort to prioritize documentation of the substantive issues and most important considerations required by NEPA within the congressionally mandated page limits;

☐ Reflects the agency's expert judgment;

☐ Addressed briefly, or left unaddressed, any issues or considerations that were, in the agency’s judgment, comparatively not of a substantive nature;

☐ Represents the agency’s good-faith effort to fulfill NEPA’s requirements within the Congressional timeline (or within the minimally extended timeline) and this effort is substantially complete; and ☐ Contains analysis that is adequate to inform and reasonably explain the responsible official’s final decision regarding the proposed action or selected alternative.

Appendices This section is optional.

If the agency addressed comments in writing, these should be included as an appendix in the EIS if this will not prevent the agency from publishing the EIS on a USDA website to meet the deadline established for EISs (7 CFR 1b.7(f)(4)).

Appendices are not to be used to provide additional substantive analysis as that would circumvent the Congressionally mandated page limits. Examples of other items that may be included as appendices are:

· Scientific tables, collections of data, statistical calculations, etc.

· Maps or other visual displays when it is more convenient to the reader to find these in one place

· Lists of references cited

· Other documentation developed to support the EIS that is contained in the proposal record, but is anticipated to be requested for review (e.g. Biological Assessment for Endangered Species Act compliance)

APPENDICES-2

Record of Decision (ROD) See 7 CFR 1b.8(a). When it will not prevent the agency from meeting the EIS deadline (see 7 CFR 1b.7(k)), the record of decision may be prepared in conjunction with the environmental impact statement and included in the same document as the EIS and will not count towards the page limits in 7 CFR 1b.7(i).

All of the following sections are required. See 7 CFR 1b.8(b)(1)-(8).

Documentation Informing the ROD This Record of Decision incorporates the Environmental Impact Statement and relies on documentation in the associated proposal record.

Consideration of Substantive Alternatives, Information, and Analyses The agency adequately considered all of the substantive alternatives, information, and analyses submitted by State, Tribal, and local governments and public commenters in developing the environmental impact statement.

Provide a brief explanation of how this information was used by the responsible official to inform iterative decisions made during the NEPA and environmental review process, such as modifications to the proposed action, development of action alternatives, identifying issues to be analyzed in detail, etc.

Activities Approved I have decided to approve specify “the proposed action” or name the selected action alternative as described in the “Proposal Information” section of the Environmental Impact Statement.

Describe contingencies to approval as needed. If any modifications to the proposed action were identified during the environmental review process, describe these, and consider consolidating them under the “Proposed Action” section of the EIS for continuity during implementation.

If adding mitigation as part of the decision, state any enforceable mitigation requirements or commitments that will be undertaken to lessen significant impacts, the authority for any mitigation that the agency has adopted, and any applicable monitoring or enforcement provisions.

The responsible official is mindful in this respect that NEPA imposes no substantive environmental obligations or restrictions and does not require or authorize the agency to impose any mitigation measures. The agency shall adopt and summarize, where applicable, a monitoring and enforcement program for any enforceable mitigation requirements or commitments.

Describe modifications to the proposed action/selected alternative and/or mitigations if needed. If not needed, delete this text box.

Significant Impact Considerations See 7 CFR 1b.2(f)(3)(iii). The responsible officials shall consider:

How the unavoidable short- and long-term adverse impacts of implementing the action compares to the short- and long-term adverse or beneficial consequences of not implementing the action; and How the irreversible or irretrievable commitment of a resource, as part of the action, contributes to a loss of long-term productivity for the human environment.

Rationale must be provided as to how the responsible official considered the tradeoffs of short- and long-term adverse impacts with the long-term adverse or beneficial consequences of taking no action and how this informed their decision on how to proceed. Additionally, rationale must be provided as to how the responsible official considered the irreversible or irretrievable commitment of a resource (if any) and how this commitment contributes to the loss of long-term productivity (if any) for the human environment and how this informed their decision on how to proceed.

Significant impact considerations took into account the analysis and evidence provided in the “Environmental Review” section of the Environmental Impact Statement. I used this information to reach the following conclusions:

Provide rationale as to how the responsible official considered the tradeoffs of short- and long-term adverse impacts with the long-term adverse or beneficial consequences of taking no action and how this informed their decision on how to proceed.

Provide rationale as to how the responsible official considered the irreversible or irretrievable commitment of a resource and how this commitment contributes to the loss of long-term productivity for the human environment and how this informed their decision on how to proceed.

Other Factors Influencing the Decision Identify and discuss all such factors, including any essential considerations of national policy, that the responsible official balanced in making the decision and state how those considerations informed the decision. The discussion may include preferences among alternatives based on other relevant factors, such as environmentally preferable, economic and technical feasibility considerations, and the agency’s statutory mission.

Provide explanation of other factors that influenced the responsible official’s decision, such as environmentally preferable, economic and technical feasibility considerations, and the agency’s statutory mission.

Anticipated Implementation of Authorized Activities I intend to implement the approved activities Describe timing of implementation.

Signature and Authorization Date Responsible Official’s name Responsible Official’s title Click or tap to enter a date.

Insert digital, autopen, or hand-written signature in this section.

ROD-2

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