VIII. Common Challenges for Partnerships

National Environmental Policy Act

If a partnership project uses federal funds or is on public lands, an analysis process under the National Environmental Policy Act (NEPA) may be required. The purpose of a NEPA process is to help public officials make decisions based on an understanding of environmental effects and to inform the public how environmental concerns have been considered.

Because the NEPA process can be lengthy, partnerships should find out early whether NEPA applies to any aspect of the project. If NEPA does apply, there are ample ways for the public and partnerships to be involved, particularly early on. Although federal agencies make the final decision in a NEPA process, concerned citizens and organizations can influence this decision by being involved in the process.

Partnership Projects and NEPA

There are two levels at which the Forest Service implements NEPA in its decision-making, and partnerships can be involved in both types of decisions:

• Programmatic decisions – Forest Plans are good examples of programmatic decisions. These plans are developed for each National Forest and describe in general terms, the locations and guidelines for certain types of uses and projects.

• Site specific decisions – These are specific proposals for certain types of activities on National Forest land or involving federal funds. Examples include habitat restoration, fuels reduction, pest control, trail construction, or authorizing a special use permit to an outfitter, guide, or other third party.

On public lands, NEPA normally applies to any project that commits the public's resources or proposes ground disturbance. NEPA may also apply to projects where federal funding is being used, even if the project is not on federal land.

The size, scale, and complexity of the NEPA process differs with each type of project. The amount of time needed to complete the process also varies. There are generally three broad categories of NEPA analysis:

Categorical Exclusions assess simple projects where the scope and scale of effects to the land and resources is limited. These types of NEPA analyses and decisions may take only a few weeks or months to prepare.
Environmental Assessments are used where the scope and scale of a proposal means that effects are more uncertain and need further study, which can take up to a year or more.
Environmental Impact Statements are prepared for major projects where significant environmental effects are anticipated. These projects usually require a year or more.

Since the process can be lengthy, is important to find out early whether a NEPA process will be required for any aspect of a partnership project. If so, participants should begin to discuss the process early so that everyone has similar expectations. Good questions to discuss include:

What will be the scope and scale of the NEPA process?
What are the likely timelines and costs?
Who will be involved or affected? What role will they play? How will other agencies, governments, tribes, or partners be involved?

Steps in the NEPA Process

If federal lands are involved in the project, a federal agency official retains authority to make the final decision regarding NEPA. The federal agency also normally pays for the NEPA process, but there are ways that costs can be shared. There are many opportunities for partners and the public to be involved in each step of the NEPA process, and ultimately to contribute to the final decision. The basic steps in any NEPA process are:

• Pre-proposal period – This phase is one of the richest opportunities for the involvement of partners, other agencies, other governments, tribes, and the public. This is when collaborative processes are important and valuable. During this period, these entities can influence the nature of the project before the agency makes a formal NEPA proposal. Many partners get involved in this stage by convening interested groups to work together in an open, democratic, and transparent way. These groups can solve problems, refine proposals, and resolve possible controversies in the design of the proposal prior to formal public comment.

• “Scoping” the proposed action – The NEPA process begins when a federal agency announces a proposal and seeks formal public input. This step helps the agency develop an understanding of the “scope” of any significant issues involved. Citizens can get involved by helping the agency identify issues, identifying persons who need to be contacted, and even helping collect public input.

• Documentation – In this phase, an environmental analysis is completed and potential environmental effects are documented. Alternatives to the proposed action are often considered and the document is made public. Although content of the document is the responsibility of the federal agency, under its guidance partners can help collect field information, provide alternatives to the proposal, or help analyze effects within their area of expertise. There is often another opportunity for public comment during this phase.

• Decision – Once the environmental analysis and public comment periods are complete, a final decision is made by the federal agency. This decision is documented and the deciding official explains the rationale for the decision to the public.

It is important to remember that federal agencies maintain a unique government-to-government relationship with other federal agencies, tribes, and state and local governments. This relationship requires consultation between governments before final decisions are made under the NEPA process.

What is “Public Input”?

Agencies like the Forest Service seek “public input” on management or proposals. There are a myriad of creative ways that verbal or written public input can be gathered, and often partners can help agencies gather input. The most useful input comes from people who may be concerned about or have solutions to offer about how to resolve problems or issues with planned projects. Public input can also include opinions about what on-going management or services are working well or need to be improved. The more specific a person can be about the location or nature of a concern or idea, the better. Agencies can then respond more effectively or incorporate ideas that are specific. Often, citizens think that public input is a "vote" that is won by getting lots of people to send in the same written comment. Although their general satisfaction or dissatisfaction with a project will be noted, content matters.

Collaboration is a new emphasis in the Forest Service that focuses on working with the public early on in decision-making processes for project development efforts. Collaborative processes and dialogues bring people together to try and address issues and reach an agreed-upon proposal that may undergo further analysis through the NEPA process. If a NEPA process is initiated, the process is often more streamlined and successful if collaboration has occurred.