The National Environmental Policy Act of 1969 (NEPA) requires that all federal agencies prepare a detailed Environmental Impact Statement (EIS) for every recommendation or report on proposals for legislation and other major federal actions significantly affecting the quality of the human environment. The NEPA process is intended to help public officials make decisions based on an understanding of environmental consequences, generally requires an analysis of the environmental impacts of a proposed federal action and alternatives, and provides a framework for federal agencies to facilitate and encourage public involvement and input.

The required level of NEPA analysis depends upon the extent of environmental impacts of the proposed action. Actions that do not have significant environmental impacts may fall within a Categorical Exclusion or may be analyzed in an Environmental Assessment. An Environmental Impact Statement is a more detailed analysis that must be prepared for major federal actions that may significantly affect the quality of the human environment.

“Significance” takes into consideration effected regional and local interests and considers the severity of impacts from the proposed action. Factors for determining significance include:

In light of these factors, the Bureau of Indian Affairs (BIA) has determined that approval of a drought management plan warrants preparation of an EIS. The EIS will provide the necessary studies, background, and information for the Secretary to issue a record of decision for Kerr Dam operations during predicted times of drought.

Stages in the EIS Process:

• Notice of Intent
• Scoping
• Draft EIS
• Agency and Public Review & Comment
• Final EIS
• Record of Decision

Scoping
Scoping is designed to identify the scope of issues and alternatives to be addressed in the EIS. The scoping process for the Kerr Drought Management Plan EIS included:

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Draft Environmental Impact Statement
The draft EIS describes the proposed action, identifies alternatives and assesses the environmental impacts of each alternative. The analysis must consider impacts to the natural and physical environment as well as economic and social impacts. In addition, the analysis of alternatives must include a “No-Action” alternative for purposes of comparison.

Download a copy of the Draft Environmental Impact Statement

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Public Input on the Draft Environmental Impact Statement

Public Hearing Dates and Times

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Final Environmental Impact Statement
After review and consideration of all comments received, the final EIS will be prepared, which will identify the preferred alternative and proposed measures to mitigate for adverse impacts. The final EIS must include responses to all written comments received during the 60-day comment period and responses to written comments submitted at the public hearing.

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Record of Decision
At least 30 days after publication of the final EIS, a Record of Decision is issued, which sets forth the decision and the rationale behind it. During this 30-day period, and before a decision is made, the public and other agencies can submit comments on the final EIS.

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