NEPA Process and Specific Requirements - Environmental Impact Analysis: Process and Methods - page 56

as a progression of steps. These steps can be depicted in a simplified form
covering the major components of the process. Following this simplified
process does not relieve the practitioner of complying with all the details of
NEPA, CEQ Regulations, and all requirements of other laws and regulations.
However, it provides an overview and a sense of direction when implement-
ing NEPA. This process is depicted in Figure 3.1 and the components are dis-
cussed in the following sections.

3.1.1 Defining the Action

The first step in the process is to identify the “Major Federal Action.” As
discussed in Section 2.2, a federal action can be a project, plan, regulation,
or policy implemented by a federal agency; a project funded by an agency;
or a permit issued by a federal agency allowing another entity to act in com-
pliance with a federal law or regulation. As discussed earlier, “but for” is a
good test to determine NEPA jurisdiction. If the proposal could not occur
“but for” the action of a federal agency, it is almost certainly subject to NEPA.
The next step in the NEPA process is to clearly understand and articulate
the purpose and need for the proposed action. The purpose and need is a criti-
cal element of NEPA compliance and it is discussed in detail in Section 3.2.
It should be immediately obvious to any potential stakeholder that the federal
agency has a clear understanding of what it is trying to accomplish before it
initiates the NEPA or any other process. Similarly, it should be obvious to stake-
holders exactly what the agency is trying to achieve and what is not part of the
agency action, but as discussed in Section 3.2, this is not always the case.

Scoping

Categorical
exclusion

Major
federal
action

Purpose
and need

Notice of
intent

Prepare draft
and final
EIS

ROD

Proposed
action and
initial
alternatives

Significant
impact

FONSI

Significant
impact not
known

Prepare EA

FIGURE 3.1
Summary of the NEPA compliance process. Abbreviations: EA, environmental assessment;
EIS, environmental impact statement; FONSI, findings of no significant impact; ROD, Record of
Decision.