EA__Guidance_508-Compliant__Jan2025_2.pdf

NEPA Environmental Assessment Template Guidance

(Updated December 2024)

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Contents Document Purpose

Environmental Assessment Overview

Environmental Assessment Section Guidance

Cover page

Table of Contents

Executive Summary

Chapter 1: Introduction

1.1 Background

1.2 Purpose and Need for Action

Purpose

Need

1.3 Proposed Action

Chapter 2: Alternatives

2.1 Decision Framework

2.2 Alternatives

Alternative A - No Action Alternative

Action B – Preferred Alternative

Alternative C, etc. – (additional alternatives if needed but not required)

Alternatives Considered but Dismissed (if applicable)

Mitigation Measures Applicable to All Alternatives

Monitoring Applicable to All Alternatives

Chapter 3: Affected Environment and Environmental Consequences

Affected Environment

Environmental Consequences

Cumulative Effects

Types of cumulative effects

Timing of Cumulative Effects

Cumulative effect analysis principles

Conducting the Cumulative Effects Analysis

Cumulative Effects Tips

Summary of Analysis

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Alternative A – No Action Alternative

Alternative B – Preferred Alternative

Alternative C, etc. – if applicable

Comparison of Alternatives

Chapter 4: Coordination and Consultation

4.1 Public Involvement

4.2 State, Federal, and Local Agency Coordination

4.3 Tribal Consultation

Chapter 5: List of Preparers and Sources

5.1 List of Preparers

5.2 List of Sources Consulted

References

Environmental Assessment Appendices

Appendix A - Applicable Statutes and Executive Orders

Environmental Assessment Template Guidance Appendices

Appendix C - Climate Change

Climate Change and NEPA

Climate Change and Environmental Assessments

Climate Change Vulnerability Risk Assessments – Species and Habitats

Greenhouse Gas Emissions and NEPA

Social Cost of Carbon

Climate Change Tools and Resources

Climate Change Regulatory Requirements and Guidance

Appendix D – Socioeconomics

Socioeconomics and NEPA

Socioeconomics and Environmental Assessments

Socioeconomic Factors and Impacts to Consider

Appendix E – Environmental Justice

Environmental Justice and NEPA

Promising Practices for Environmental Justice Methodologies (2016)

Environmental Justice Screening Tool

Techniques for Assessing Environmental Justice Community

Environmental Justice and Environmental Assessments

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Environmental Justice Regulatory Requirements and Guidance

Appendix F – Addressing Substantive Comments

Substantive comments

Comments that are not considered substantive

Response to Substantive Comments

Effective Public Comments

Appendix G – NEPA Regulations and Policy

Code of Federal Regulations (CFR)

40 CFR 1500

U.S. Fish and Wildlife Service Policy

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Document Purpose The purpose of this document is to provide step-by-step instructions for completing the environmental assessment template . The template provides a 508-compliant framework that fulfills the information requirements of the National Environmental Policy Act, or NEPA, process. Content in the template is limited to help maintain 508 compliance during the draft stages and reduce the need for substantial formatting changes prior to posting for public comment or routing for signature. The template and guidance should be used in tandem.

Both documents will have the most up to date guidance and resources for completing environmental assessments that meet NEPA sufficiency standards. Guidance has been developed from the Council on Environmental Quality NEPA regulations (40 CFR 1500-1508), the Department of the Interior NEPA regulations (43 CFR 46), U.S. Fish and Wildlife Service Policy (500 FW) as well as other guidance documents. Where there are not regulatory requirements specific to an environmental assessment, or EA, we have adopted regulations regarding the requirements of an environmental impact statement, or EIS, (40 CFR 1502; 43 CFR 46) as a best management practice.

When writing an EA, use the FWS writing style guide (https://doimspp.sharepoint.com/sites/fws-FF09X00000/SitePages/Fish-%26-Wildlife-News---- Style-Guide.aspx); use plain language (limit technical terms, jargon, acronyms, abbreviations);

when acronyms are used, spell them out at first usage and then use consistently thereafter; and check to ensure 508 compliance. Boilerplate language is included in the EA template. Only information in brackets [] should be edited. Before finalizing, use Control F to find brackets in the document to make sure the text has been replaced with plan-specific information or deleted when the text is intended as instructions or a tip to the writer. Use 12-point, sans serif font.

It is important to maintain the header styles throughout the template. Headings are created by selecting the desired Style found on the Home tab in Word. If edits are made to existing headers or new headings are created, please update the Table of Contents to reflect these changes. Select “Update Table of Contents” from the dropdown menu or by right clicking to automatically update page numbers and changes to section titles. Make sure this is completed prior to public comment and routing for signature to verify that links and page numbers are accurate.

Environmental Assessment Overview (Note to reviewer: The author of the original guidance document decided to reintroduce common acronyms related to NEPA at the beginning of each section. Although it is best to limit the use of acronyms, incorporating them this way into this guidance document may help with understanding the NEPA process.)

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An environmental assessment, or EA, is a concise public document prepared by a federal agency to comply with the National Environmental Policy Act, or NEPA, and should be prepared if a categorical exclusion does not apply and nonsignificant impacts are anticipated or uncertain. EAs provide support and documentation of the agency's determination to either prepare an environmental impact statement, or EIS, or issue a finding of no significant impact, or FONSI, (40 CFR 1501.6, 1508.1; 550 FW 3). A FONSI briefly presents the reasons why an action will not have a significant effect on the human environment (40 CFR 1501.6). An EIS provides a complete and fair discussion of significant impacts and reasonable alternatives that avoid or minimize adverse impacts or enhance the human environment (40 CFR 1502.1). The human environment includes the natural and physical environment and the relationship of present and future generations of Americans to that environment (40 CFR 1508.1(r)).

An EA must provide evidence that the U.S. Fish and Wildlife Service considered all foreseeable direct, indirect and cumulative impacts, used sound science and the best available information and made a logical, rational connection between the facts presented and the conclusions drawn.

An EA should:

Be prepared in accordance with 40 CFR 1501.5, 43 CFR 46, 516 DM 8 and U.S. Fish and Wildlife Service policies and comply with all regulatory requirements (Appendix A)

Provide sufficient evidence and analysis of environmental impacts to support the issuance of a FONSI or development of an EIS

Tell the story of the problem you are trying to solve and why the action is needed Inform decision makers and the public of the reasonable range of alternatives considered State how the alternatives meet the purpose and need of the action Focus on all affected resources of the human environment Compare impacts across alternatives Provide clear reasoning for the selection of the preferred alternative(s) Describe any monitoring, mitigation or enforceable provisions Use plain language that is understandable to the public Avoid using jargon, acronyms and abbreviations that are not common, public knowledge Be concise Use “would” not “will” to avoid sounding pre-decisional

An EA may be prepared in any format useful to facilitate planning, decision-making and appropriate public participation (43 CFR 46.315(a)) and may be accompanied by any other planning or decision-making document (43 CFR 46.315(b)). Information should be presented in a way that is logical and easy to follow.

At a minimum, an EA must contain the following information (43 CFR 46.310):

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The proposal (e.g., proposed action) The need for the proposal The environmental impacts of the proposed action and the alternatives considered, including:

o Direct, indirect and cumulative impacts of each alternative o Objective analyses that support conclusions concerning environmental impacts

A list of agencies and persons consulted

Additional requirements during the development of an EA include:

Coordination with the public, tribes and other agencies Opportunities for public notification and involvement when being prepared (43 CFR

46.305) Public notification of a completed EA and any associated FONSI (43 CFR 46.305) o Note: The EA and FONSI should use the same announcement method Example: If an EA is shared with the public through a press release and posting online, the FONSI should also be shared using those same approaches (e.g., press release and posting online)

Public review (minimum of 30 days) of a FONSI is only required if the action:

o Normally requires an EIS; or o Is precedent setting

Content that is limited to 75 pages or less (40 CFR 1501.5(g)) o A page is defined as 500 words of text and does not include tables, diagrams, maps or appendices (40 CFR 1508.1(bb))

The length of an EA should vary with the scope and scale of potential environmental problems, rather than just with the scope and scale of the proposed action. The extent to which the determination of no significant impact relies on mitigation will also influence document length.

Although the content below is optional, it should be included in the EA as outlined in the template:

Table of contents Background Appendices including the environmental law and policy compliance checklist (Appendix

A, optional. Please consult with your regional refuge planning lead.)

Environmental Assessment Section Guidance The following provides detailed guidance and resources for each section in the environmental assessment template. The headers below match the headers in the template.

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Cover page (Draft) Environmental Assessment. TIP: The word “draft” does not need to be included in other sections of the EA when posting for public comment if it is labeled on the cover page. This makes finalizing the document easier because we only have to remove “draft” from one location rather than searching the entire document. You can use a “draft” watermark if you prefer during public comment, but it is not required. Note that “draft” is also included in the header repeated on each page. Make sure to delete “draft” for the final EA.

A short, descriptive title of the proposed action including the station or refuge name, depending on the scope or area of the proposed action

Date (month year) Prepared by (usually the station name and location) NEPA Unique Identifier (this is the NEPA tracking ID provided by HQ)

Table of Contents Depending on the length of an EA, a table of contents can be convenient for readers and assist in formatting for 508 compliance.

Executive Summary This section provides a succinct overview of the EA and briefly describes the proposed action, alternatives and potentially impacted resources.

Boilerplate language is included in the EA template. Only information in brackets [] should be edited.

Use Control F to find brackets in the document to make sure the text has been replaced with plan-specific information.

Acronyms should be spelled out at first usage and then used consistently throughout the document.

Chapter 1: Introduction

1.1 Background

Explaining the agency’s overall mission as an introduction or background to the purpose and need supports and clarifies why a particular issue should be addressed. Without documenting this evidence, an agency may be perceived to be making arbitrary and capricious decisions and/or failing to properly plan for the proposed action(s). Background information should be kept to a minimum and provide supplemental details helpful in describing the context of the need for action.

Note that for “refuge establishing legislation and primary purposes,” ALL establishing legislation and primary purposes are required. The National Wildlife Refuge System database of purposes should be used as a resource (NOTE: Purposes cannot be copy and pasted from the SharePoint and must be typed into the environmental assessment). If you have additional questions, reach out to your conservation planner or realty specialist.

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As described earlier in this guidance document, boilerplate language is included in the EA template. Only information in brackets [] should be edited. Before finalizing, use Control F to find brackets in the document to make sure the text has been replaced with plan-specific information.

1.2 Purpose and Need for Action

NEPA is a decision-making framework, and the purpose and need frames the decision(s) to be made at the end of the environmental review process. The purpose proposes what the agency hopes to accomplish with the action, and the need explains why the action should happen at this point in time. Often the purpose and need recognize the disparity between existing and desired conditions.

This section sets the parameters for determining which alternatives are considered reasonable and must be analyzed in the environmental assessment. The alternatives describe how the problem might be solved, but the alternatives can be difficult to develop if the problem is unclear.

Although regulations do not require the separation of the purpose and need, their distinction may help clarify why the agency is proposing an action. Ideally the purpose and need should be stated in direct, unambiguous statements. The basis for these statements can be expanded upon in greater detail to provide more context for the reader; however, the content of this section should be clear and concise.

The purpose and need:

Address a problem Meet other legal requirements Drive the development of alternatives Frame the decision to be made Inform the public o Credibility with the public and other agencies can be lost if you are not able to answer questions about why the project is needed

Purpose The purpose is a broad statement of goals that the agency intends to fulfill through a proposed action and should be stated in terms of the desired outcome, to the extent possible. These goals can come from a refuge’s establishing legislation, purpose and significance, comprehensive conservation plan or step-down plans, management objective(s), standards and guidelines for a particular management zone, agency mission or other sources. If the environmental assessment is accompanying or referencing a comprehensive conservation plan or step-down plan, include and describe the plan’s objectives that are applicable to the proposed action.

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Purposes can also be stated as a positive outcome that is to be expected or would like to be achieved. Purpose statements should avoid stating the solution and instead indicate what problem(s) are being addressed. The purpose describes the problem the environmental assessment is attempting to address and is not a description of the document itself. For example, the purpose is NOT “because NEPA says we have to write this document” or “to comply with NEPA.”

The purpose determines the appropriateness, or reasonableness, of the alternatives and can expand or limit the number of alternatives that need to be evaluated. A purpose that is too specific may restrict the ability to develop reasonable alternatives. An overly narrow purpose could result in an insufficient NEPA process because it can appear that a decision was already made prior to completing the environmental review. A purpose that is too broad may lead to the inclusion of more alternatives than are necessary or the discussion of irrelevant issues. The reasonableness of an alternative may consider legal, financial or temporal constraints.

Need The need explains why the agency is proposing to take action at this time and in this place. The need for action is the underlying problem or opportunity to which the agency is responding to and may include factors such as existing conditions that need to be changed, issues that need to be remedied, decisions that need to be made and/or policies or mandates that need to be implemented. The need provides evidence to support the purpose and describes why an agency is proposing a particular action at a particular time. The need can also be a description of a situation in its current state and establishes evidence that the problem exists or will continue to exist without action. Simply put, the need explains why a decision needs to be made and why it is important.

A credible, well-substantiated need can include background information about the conditions that need to be changed or problem to be solved and should include scientific literature citations or other specific information documenting why the action is being proposed. Like the purpose, the need is NOT a discussion of the requirement for NEPA or other regulatory compliance.

To determine the need for action, ask:

Why?

Why here?

Why now?

Step-by-step Development of the Purpose and Need

Identify the undesirable resource conditions (e.g., problems) that trigger a proposed action

Link these resource conditions to agency guidance (e.g., laws, regulations, policy, executive orders, etc.)

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Frame the agency’s broad goal(s) for taking action as clearly as possible If more specific goals are included, consider developing objectives that are specific, measurable, achievable, relevant and time-bound (SMART) objectives o Set a target threshold or value for successfully achieving each objective o Track these objectives throughout the environmental assessment, including the final decision document

1.3 Proposed Action

The proposed action refers to the activity under consideration (43 CFR 46.30) and is a short introduction to what you are generally proposing to do. Proposed actions provide the initial proposal to address the purpose and need for action and may fall under an agency’s authority to issue permits, licenses, grants, rights-of-ways, approvals, funding or regulatory instruments.

The proposed action should be clear and concise. Specific details of the proposed action and alternatives should be described in the alternatives section.

The proposed action is not necessarily, but may become during the NEPA process, the agency’s preferred alternative (43 CFR 46.30). The preferred alternative refers to the alternative which the agency believes would best accomplish the purpose and need of the proposed action while fulfilling its statutory mission and responsibilities and considers economic, environmental, technical and other factors (43 CFR 46.420(d)).

Boilerplate language is included in the EA template. Only information in brackets [] should be edited.

Chapter 2: Alternatives

2.1 Decision Framework

This is an optional section of the environmental assessment. The purpose is to clearly identify who the decision maker is and preface what decisions they will be making at the end of the environmental review process. Standard language is provided in the environmental assessment template.

2.2 Alternatives

The alternatives represent different ways of solving the problem(s) and meeting the goal(s) articulated in the purpose and need. The range of alternatives refers to the set of all reasonable alternatives as well as other alternatives considered but eliminated from detailed analysis.

Reasonable alternatives are those alternatives which are technically and economically feasible and meet the purpose and need for the proposed action (40 CFR 1508.1(hh)). There is no required number of alternatives to include, but the range of alternatives should always describe the no action alternative and one additional alternative. Alternatives will vary based on the complexity of the proposed action and extent of environmental issues.

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Alternatives should present the environmental impacts of the proposed action in a comparative format based on the information and analysis presented in the sections on the affected environment (40 CFR 1502.15) and the environmental consequences (40 CFR 1502.16). The alternatives section should include options for the decision maker to consider that result in distinctly different environmental effects.

The range of alternatives describes what you propose to do and how you propose to do it (e.g., the who, what, where, when and how). All reasonable alternatives must be rigorously explored and objectively evaluated. Additional alternatives should describe functionally different ways of achieving the objective rather than merely changing the approach to the same alternative.

For example: The proposed action is to control invasive species. The preferred alternative (e.g., B) would use herbicide application for invasive species control.

Alternative C would use mowing. These are two functionally different designs and, can therefore, result in distinct alternatives.

o However, another alternative could not be created if it would still use herbicide application but would merely implement a different strategy or different type of chemical. The general methodology is still the same.

Each additional alternative should follow the best management practices and guidelines outlined below.

The alternatives section should (40 CFR 1502.14):

Develop, describe and evaluate reasonable alternatives to the proposed action (e.g., tell the story; the who, what, where, when and how) o Consider alternatives that avoid or minimize impacts to or enhance the human environment, such as alternatives that will reduce climate change-related effects or address adverse health and environmental effects that disproportionately affect communities with environmental justice concerns.

o For alternatives that the agency eliminated from detailed analysis, briefly discuss the reasoning and justification for their elimination.

Discuss each considered alternative in detail, including in the context of the proposed action, purpose and need.

o Describe the action and outputs for the entire lifecycle of the action For example, a project may include short-term actions like construction and long-term actions like operations and maintenance once construction is complete.

o The action should not be segmented. Segmentation is when an action is broken down into smaller parts to prevent the total action from appearing significant.

o The action should be defined in proportion to its potential impacts. The scope of the action must consider the impacts of connected, cumulative and similar actions.

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For example, a project should not be intentionally narrow to avoid analyzing potentially significant effects and writing an environmental impact statement.

Include the no action alternative.

Identify the agency's preferred alternative(s) Include appropriate mitigation measures, monitoring, restrictions and adaptive management not already included in the proposed action.

Comply with applicable laws, regulations and policy.

Alternatives should flow logically from the purpose and need. They should clearly identify the differences between the proposed action and the other alternatives. If applicable, they may also describe any changes that would be made to proposed refuge-specific regulations. This section should not include conclusions or impact summaries but should be an objective comparison of specific actions that would be taken under each alternative.

A proposed action or alternative(s) may include adaptive management strategies allowing for adjustment of the action during implementation. If the adjustments to an action are clearly articulated, specified in the description of the alternative, and fully analyzed, then the action may be adjusted during implementation without the need for further analysis. Adaptive management includes a monitoring component, approved adaptive actions that may be taken and environmental effects analysis for the adaptive actions approved (43 CFR 46.310(d)).

Best management practices for writing and comparing alternatives:

Describe the location, anticipated actions and restrictions.

Use quantifiable outputs whenever possible (e.g., miles, acres, etc.)

o Apply caveats if needed (e.g., approximately, estimated, etc.)

Include all monitoring, mitigation, and adaptive management measures.

Summarize, reference, and cite information from relevant plans or other refuge specific documents.

o Additional documents can be added to the appendix.

Use “would” NOT “will.”

Clearly identify and quantify the differences between alternatives.

Summarize how alternatives differ in terms of actions, outputs, mitigation, monitoring and meeting the purpose, need and project objectives.

Reasonable Range of Alternatives

Alternative A - No Action Alternative The no action alternative is the benchmark used to compare effects of the action alternatives.

“No action” does not mean that no actions will be taken but rather it is a continuation of whatever is currently happening or not happening in the action area (e.g., status quo). A “no action alternative” or “continue current management alternative” should be reasonable and

14 USFWS NWRS NEPA Template Guidance January 2025 useful for a comparison with the preferred action alternative. The analysis of this alternative is used to demonstrate what would happen if you did not undertake the proposed action. Include a description of the actions or lack of actions (inactions) that would occur or are currently happening under the “no action alternative” and that would be important to compare to the proposed action.

The no action alternative:

Describes no change from current operations or management.

Does not implement the proposed action.

Does not issue a permit for permitting actions.

Does not include a regulatory rule issued or amended for regulatory NEPA.

May include projections into the future depending on the timeline.

o May consider how the no action alternative may shift over time (e.g., climatic changes, water supply, shifts to species range, habitat availability, etc.)

Is listed first in the environmental consequences section.

Action B – Preferred Alternative The range of alternatives describes what you propose to do and how you propose to do it (e.g., the who, what, where, when and how). All reasonable alternatives must be rigorously explored and objectively evaluated.

The preferred alternative refers to the alternative the agency believes would best accomplish the purpose and need of the proposed action while fulfilling its statutory mission and responsibilities and minimizes effects or impacts to the human environment. The description of the preferred alternative should be concise and include information on timing and duration of the opportunity, any proposed refuge-specific regulations or connected actions. Refuge specific plans (e.g., comprehensive conservation plan, step-down plans) should be incorporated by summary and reference and can also be added to the appendix. Include refuge-specific regulations that will be imposed under the proposed action and, if applicable, identify which refuge-specific regulations will be published in the Federal Register.

The purpose of identifying a preferred alternative is to let the public know which alternative the agency is considering for selection at the time a draft environmental assessment is released for public comment. Identifying the preferred alternative does not mean the agency has made a final decision or will be taking that action. There is no requirement to provide a rationale as to why a particular alternative is identified as the preferred alternative in the environmental assessment. However, a rationale for selecting an alternative will be provided in the decision document (finding of no significant impact). The preferred alternative may change between a draft and final NEPA document based on input received from the public, tribes, state agencies and other organizations. It may or may not be the same as the agency's proposed action, the original proposal or the environmentally preferable alternative (43 CFR 46.420(d)).

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Recommendations for identifying the preferred alternative:

Which alternative best meets the purpose and need for taking action?

Which alternative best meets the U.S. Fish and Wildlife Service and National Wildlife

Refuge System statutory mission and responsibility?

What are the environmental impacts of each alternative?

What are the technical factors that affect the ability to implement each alternative?

What is the feasibility of implementing a sustainable decision?

Mitigation Measures If applicable, include mitigation measures specific to this alternative that would be implemented. Mitigation means practices that avoid, minimize or compensate for adverse effects caused by a proposed action or alternatives and that have a connection to those adverse effects. (40 CFR 1508.1(y)).

Mitigation includes, in order of priority (40 CFR 1508.1(y)):

Avoiding the adverse effect altogether by not taking a certain action or parts of an action

Minimizing the adverse effect by limiting the degree or magnitude of the action and its implementation

Rectifying the adverse effect by repairing, rehabilitating, or restoring the affected environment

Reducing or eliminating the adverse effect over time by preservation and maintenance operations during the life of the action

Compensating for the adverse effect by replacing or providing substitute resources or environments

Monitoring and Compliance Plan for Mitigation

A monitoring and compliance plan is required when the analysis of the reasonably foreseeable effects of a proposed action is based on implementation of mitigation, and mitigation is incorporated into a finding of no significant impact. The contents of the monitoring and compliance plan should be made available to the public, tailored to the complexity of the mitigation committed to, and include:

A basic description of the mitigation measure or measures;

The parties responsible for monitoring and implementing the mitigation;

If appropriate, how monitoring information will be made publicly available;

The anticipated timeframe for implementing and completing mitigation;

The standards for determining compliance with the mitigation and the consequences of non-compliance; and How the mitigation will be funded.

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Alternative C, etc. – (additional alternatives if needed but not required) A third alternative is not required but should be included to describe any other alternatives that you are considering now or in the future that would fulfill the purpose and need of the proposed action. An alternative may also describe an action that the public or other interested party would like you to consider. Additional alternatives are often developed as a result of feedback received during scoping and/or public comment and may be added after the public comment period has closed.

Alternatives Considered but Dismissed (if applicable) This section is only required if there are alternatives that will not be considered for detailed analysis. Alternatives which were considered but determined to be infeasible (i.e., does not meet the stated purpose and need) should be identified and explanation as to why they were eliminated should be included (40 CFR 1502.14; 43 CFR 46.420(c)). Generally, alternatives are found to be unreasonable or impractical due to economic, technological, and legal considerations not consistent with fulfilling the purpose and need for which the environmental assessment is being prepared (e.g., alternatives that directly and unavoidably conflict with a refuge purpose). For an alternative to be excluded from further analysis for economic reasons, the cost needs to be so exorbitant that the likelihood of the action being funded, even with financial assistance from partners and/or grants, would be improbable or entirely speculative.

Alternatives should not be excluded solely because they are complex, expensive or unpopular.

If applicable, this section should describe input received from the public, other entities or tribes and explain why those actions will not be included in a detailed analysis.

Best management practices writing alternatives dismissed but considered:

Provide justification and reasoning for what alternatives were considered and why they were eliminated from further analysis.

Include screening criteria.

If applicable, consider input from the public, other entities and/or tribes and describe why those actions or alternatives will not be evaluated further. Public scoping prior to developing alternatives can be a valuable tool.

If using complex models or analyses to screen or determine alternatives, summarize key information and include details in the appendix.

Considerations for dismissing alternatives:

Technical or economic infeasibility (e.g., the alternative could not be implemented if it were selected or would be unreasonably expensive)

Does not resolve the purpose and need for taking action Duplicates other, less environmentally damaging or expensive alternatives Conflicts with an up-to-date and valid refuge plan, purpose or other policy, such that a major change in the plan or policy would be needed

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Does not comply or requires a major change to law, regulation, or policy Addresses issues beyond the scope of the NEPA review Environmentally infeasible (e.g., would not be allowed by another agency from which a permit is required)

Mitigation Measures Applicable to All Alternatives If applicable, include any mitigations measures that would be incorporated under all the alternatives. Describe measures that will be taken to avoid conflicts with other resources and offset impacts.

Mitigation specific to an affected resource should be included in the corresponding section.

See guidance above under Alternative B for Mitigation Measures and Monitoring and Compliance Plans.

Monitoring Applicable to All Alternatives If applicable, include any monitoring that would be incorporated under all the alternatives.

Describe what monitoring would be done to ensure the action would not have significant impacts. This can be part of daily management efforts and/or a more formal monitoring plan.

Reference any completed inventory and monitoring plan that may apply.

Monitoring specific to an affected resource should be included in the corresponding section.

Chapter 3: Affected Environment and Environmental Consequences The purpose of this section is to ensure agencies consider the environmental impacts of their actions in decision making. This section should provide full and fair discussion of significant environmental impacts and shall inform decision makers and the public of reasonable alternatives that would avoid or minimize adverse impacts or enhance the quality of the human environment (40 CFR 1501.5). To ensure compliance with regulatory requirements for the affected environment and environmental consequences, potentially affected resources and impacts should be considered at the beginning of the NEPA process. Proper early planning for a NEPA process will lead to a better NEPA document.

An environmental assessment must contain objective analyses that supports conclusions concerning environmental impacts (43 CFR 46.310(g)). The portion of the document that analyzes the environmental impacts of the proposal and alternatives must be clearly and separately identified and not spread throughout or interwoven into other sections of the document (43 CFR 46.315(b)). The level of detail and depth of impact analysis should normally be limited to the minimum needed to determine whether there would be significant environmental effects (43 CFR 46.310(e)). The impact analysis should include any potential beneficial and adverse effects (40 CFR 1508.1). For example:

Air quality – affected environment Air quality – environmental consequences

18 USFWS NWRS NEPA Template Guidance January 2025 o Alternative 1 (no action alternative) o Alternative 2 (preferred alternative)

Best management practices for early consideration of resources and impacts

Make a list of resources potentially affected by the proposed action and alternatives to the proposed action (see potential affected resources listed below)

Consider the impacts of the alternatives including:

o Direct and indirect o Temporary and permanent o Short- and long-term o Cumulative

Can impacts be avoided or minimized?

Is compensatory mitigation possible?

Affected Environment The affected environment consists of “the environment of the area(s) to be affected by the alternatives under consideration” (1502.15). The affected environment describes the existing condition of the resources that could be impacted by implementing any of the alternatives. You should organize the discussion of resources in the affected environment by impact topics; only impact topics that are related to issues carried forward for detailed analysis should be included in the affected environment. When applicable, the affected environment should discuss resource condition trends and identify contributing factors, such as climate change. Such information can provide a basis for considering how a changing, dynamic environment could affect conclusions that are reached regarding the environmental consequences of implementing any of the alternatives under consideration.

The affected environment serves as the baseline for predicting changes to the human environment that could occur if any of the alternatives under consideration, including the no-action alternative, are implemented. The affected environment is separate and distinct from the no-action alternative, which describes current management rather than the current state of affected resources, and discloses how the current condition of affected resources would change if current management were to continue. The scope of the affected environment is limited to the impact zone of the alternatives and is often referred to as the region of influence. If resources outside of the region of influence are included it may lead to including unnecessary information (e.g., additional work) and the public may misinterpret the scope of the proposed action. The region of influence may vary based on resource type and should be defined in the affected environment section for each resource. Credible data sources and associated references should be used to describe resource and trend information.

The affected environment should include resources that could potentially be impacted by any of the alternatives. Affected resources should be included for consideration and discussed in detail if:

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The environmental impacts are central to the proposal or are of critical importance.

A detailed analysis of environmental impacts is necessary to make a rational choice between alternatives.

The environmental impacts are a point of contention among the public, tribes, or other agencies.

There are potentially significant environmental impacts.

General Description of Affected Environment Applicable to All Affected Resources Provide a description of the project or affected area to establish the current conditions of the refuge and set the stage for where the proposed action would occur. This description includes a higher-level analysis of what the refuge and affected environment is like in general. The level of detail of the affected environment may vary for each resource listed below and would likely be more specific than the information provided here.

Consider including information such as:

The location of the refuge (county, state) The size of the refuge General characteristics of the refuge’s environment and habitat types o Incorporate by summary and reference descriptions from relevant plans (e.g., comprehensive conservation plan, habitat management plan, etc.)

The area of the refuge and/or habitat type(s) where the proposed action would occur Relevant maps and images Include quantitative descriptors whenever possible (e.g., acres)

For the affected environment, consider the list of impact topics below. Delete or add resources as appropriate. These resource headings can be changed to address more specifically the resource being analyzed. For example, separate out specific species or habitats if they are especially important for discussing impacts, and then separately discuss other wildlife or broad habitat types. Plain and clear resource topic headings will benefit your audience. The description of the affected environment for each resource should be no longer than necessary to understand the relevant affected environment and the effects of the alternatives. In the appropriate section, provide a definition for a resource topic if it might not be clear to the public (for example, consider defining things like viewshed or soundscape).

Natural Resources o Habitat and vegetation

Floodplains (EO 11988) Wetlands (EO 11990) Vegetation of special management concern o Fish and wildlife Terrestrial species Aquatic species

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Benthic species Candidate, threatened and endangered species and critical habitat Special status species (e.g., bald and golden eagles, migratory birds, etc.)

o Geology and soils Physiography Topography o Air quality o Water resources

Water quality Hydrology Bathymetry o Soundscape o Climate change* o Special land status designations

Wilderness Wild and Scenic Rivers Coastal Zone Management Research Natural Areas Ramsar Wetlands Important Bird Area o Cultural and historic resources Historic properties Archaeological resources Architectural resources o Socioeconomics* Local and regional economies Environmental justice* Community cohesion Public health and safety

Noise and vibration Injury and illness Worksite safety Hazardous materials Healthy lifestyles

Land use Farming Subsistence Recreation

Refuge resources o Visitor use and experience

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Aesthetics, viewsheds and visual resources Recreational resources Safety o Management and operations Land use and planning Military institutions

When resources are not affected, they can be dismissed early in the NEPA process. Identifying and justifying why resources have been excluded from further analysis clearly demonstrates why a resource was not included in the environmental consequences section. If no explanation is provided, it can be difficult to determine if a resource was left out accidentally or intentionally. A resource can only be dismissed if there is absolutely no potential for impact, whether beneficial or adverse. Resources that will not be further analyzed should be included in the affected environment section.

*Indicates resources that have special analysis requirements and that must be addressed in the environmental assessment. These analyses are often directed by policy or regulation changes and Administration priorities. Additional information on resource impact analyses and requirements can be found in the appendices. If these resources can be dismissed, an explicit explanation and/or analysis needs to be included describing why these impacts will not be included.

When writing about the affected environment for each resource:

Describe the baseline for each resource.

o Include reasonably foreseeable trends.

Limit the scope to the region of influence.

o The area of impact could be larger than the project area depending on the resources and impacts being analyzed.

For example, when considering noise, the affected area could be miles depending on how far the sound would be expected to travel.

For example, when considering water resources, the affected area could be at the watershed level if impacts could travel downstream or disperse to other water bodies.

Use credible data sources.

Incorporate by reference relevant information.

o Ensure references are readily accessible by the public.

o Only include information that is pertinent to the NEPA document.

Write to the general public and not a scientific audience.

Use graphics, photos, tables, etc. when it will enhance the understanding of the included relevant information.

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Environmental Consequences Analyzing impacts means describing how the existing condition of a resource would change, either negatively or positively, as a result of implementing any of the alternatives under consideration. This section provides a scientific and analytic basis for the comparison of the alternatives and should be included in the same chapter as the affected environment. The impact analysis directly follows the affected environment description for a resource and is organized by alternative. All resources outlined in the affected environment section should have a corresponding impact analysis. Impacts that are not reasonably foreseeable but rather are speculative or indefinite should not be included (43 CFR 46.30). This section should include new information and not reiterate the actions discussed in the alternatives section or content provided in the affected environment. General statements that the actions would have adverse or beneficial impacts should be avoided.

This section assesses the appropriate level of NEPA review of the proposed action. For environmental assessments, the proposed action is not likely to have significant adverse effects, or the significance of effects is unknown (40 CFR 1501.3; 1501.5). Therefore, the environmental consequences section of the environmental assessment should describe the context and intensity of the impacts for each resource to determine if the adverse effect is significant or not. In assessing context and intensity, consider the duration of the effect. Also consider the extent to which an effect is adverse at some points in time and beneficial in others (for example, in assessing the significance of a habitat restoration action’s effect on a species, consider both any short-term harm to the species during implementation of the action and any benefit to the same species once the action is complete). However, an action’s adverse effects cannot be offset with other beneficial effects to determine significance (for example, an action’s adverse effect on one species cannot be offset with its beneficial effect on another species). Also consider the characteristics of the geographic area, such as proximity to unique or sensitive resources or communities with environmental justice concerns. Depending on the scope of the action, consider the potential global, national, regional, and local contexts as well as the duration, including short-and long-term effects.

The intensity of effects of the proposed action are analyzed considering the following factors (40 CFR 1501.3(d)):

(i) The degree to which the ac on may adversely affect public health and safety.

(ii) The degree to which the ac on may adversely affect unique characteris cs of the geographic area such as historic or cultural resources, parks, Tribal sacred sites, prime farmlands, wetlands, wild and scenic rivers, or ecologically cri cal areas.

(iii) Whether the ac on may violate relevant Federal, State, Tribal, or local laws or other requirements or be inconsistent with Federal, State, Tribal, or local policies designed for the protec on of the environment.

(iv) The degree to which the poten al effects on the human environment are highly uncertain.

(v) The degree to which the ac on may adversely affect resources listed or eligible for lis ng in the Na onal Register of Historic Places.

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(vi) The degree to which the ac on may adversely affect an endangered or threatened species or its habitat, including habitat that has been determined to be cri cal under the Endangered Species Act of 1973.

(vii) The degree to which the ac on may adversely affect communi es with environmental jus ce concerns.

(viii) The degree to which the ac on may adversely affect rights of Tribal Na ons that have been reserved through trea es, statutes, or Execu ve Orders.

An impact analysis predicts effects or changes to the human environment from the proposed action or alternatives that are reasonably foreseeable (40 CFR 1508.1; 43 CFR 46.30). The analysis for each affected resource must include reasoning and justification for the impact finding, such as a reference to scientific literature or other cited information, and often includes quantitative and qualitative descriptions. Whenever possible, quantify impacts within the limits of the data that is available by providing specific numbers, acreage, amounts, etc. If alternatives incorporate mitigation measures, the analysis should include a description of how mitigation would reduce impacts. See guidance above under Alternative B for Mitigation Measures and Monitoring and Compliance Plans.

Impact Analysis

1. An impact analysis should include a factual description of what is likely to happen to a resource if the actions in a specific alternative are implemented. The goal is to describe the impact to the resource in terms that give the reader a clear picture of how the resource would look or function after the alternative is implemented. For each resource, include an analysis of:

Direct effects: caused by the action and occur at the same time and place (40 CFR

1508.1(i)) Indirect effects: incidentally caused by the action and are often later in time or farther in distance (40 CFR 1508.1(i)) o Are reasonably foreseeable o May include growth inducing effects o May include effects related to changes in…