Project Proposal Process
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Project Proposal Process
(3P)Handbook
Natural Resources Department
Colville Confederated Tribes
2013
Table of Contents
Contents
1
Purpose and Scope
2
Project Proposal Process (3P Process) Participants
3
3P Process Description
5
Project Proposal Form (PPF) Requirements
9
3P Notice Process Description
9
Appendix A: Forms for Use in the 3P Process
10
Appendix B: EA Outlines
15
Appendix C: Actions that Typically Qualify for a Categorical Exclusion
17
Appendix D: Format for EA Sections submitted to the IRMP Coordinator
26
Project Proposal Handbook
Page 1
Purpose and Scope
In Keeping with the Record of Decision (CCT 2001) signed by the Chair of the Colville Business
Council (Resolution 2001-248) and the BIA Colville Agency Superintendent, this procedure
manual is meant to ensure proposed actions are in line with the Colville Tribes of the Colville
Reservation (CTCR) Integrated Resource Management Plan (IRMP).
Because the majority of activities on Indian trust lands include Federal funding or approval
through the Bureau of Indian Affairs (BIA), many proposed projects must comply with the
National Environmental Policy Act (NEPA). The NEPA process is intended to facilitate public
participation and disclosure in the federal planning process, and also help officials “make
decisions that are based on the understanding of environmental consequences, and take actions
that protect, restore, and enhance the environment” (40 CFR 1500.1(c)). The NEPA process
analyzes and discloses the significant impacts a proposed action may have on the quality of the
human environment.
The Project Proposal Process will:
1. Be a uniform procedure to ensure that all proposed activities affecting natural and
cultural resources on Tribal lands or involve federal funds, permitting or control are in
keeping with the CTCR Integrated Resource Management Plan (IRMP) and the CTCR
Holistic Goal;
2. Provide guidance for all proposed actions on Tribal lands or involve federal
funds/permitting/control comply with NEPA, the council on Environmental Quality’s
(CEQ) NEPA regulations and the Department of Interior (DOI) NEPA regulations.
3. Provide a uniform venue for information-sharing between all Tribal and BIA programs
implementing natural resource management (project implementation, management plans,
etc.) on Tribal Trust, Allotted, and Tribally-owned Fee lands.
Project Proposal Handbook
Page 2
Project Proposal Process (3P Process) Participants
Project Proponent
IRMP Coordinator
Environmental Specialist
3P Team
Natural Resources Department Managers
BIA Superintendent
Colville Business Council
Community Stakeholders
CTCR Tribal Historic Preservation Officer
Northwest Regional Environmental Specialist
Northwest Regional Archaeologist
The following section briefly describes the role of each participant in the 3P Process:
Project Proponent (PP)
The Project Proponent is the representative of the entity that is proposing work or a change in
management that may impact natural or cultural resources on Tribal Trust, Allotted, or Triballyowned Fee Lands. If the PP is submitting a proposal to go through the NEPA Process, he/she
will be expected to provide the information necessary for resource reviews to adequately assess
the impacts. Please see the Project Proposal Form Requirements section for necessary
information. Project proponents are expected to attend at least one 3P meeting within the District
that the proposed action is located in order to work with fellow programs to resolve any conflicts
that may arise from the proposed action.
IRMP Coordinator
The IRMP Coordinator leads and facilitates the 3P process ensures project proposals have
adequate information for review by resource specialists, and keeps records of all project
proposals and deadlines. He/she is also responsible for keeping Natural Resource Department
(NRD) Managers and the Colville Business Council (CBC) informed and involved in the 3P
process. The IRMP Coordinator ensures that proposed actions are in keeping with the IRMP and
the Holistic Goal, and leads any IRMP revisions. Additionally, the IRMP Coordinator tracks
each NRD’s Management Plans and ensures they are updated prior to expiration and in line with
the IRMP.
Project Proposal Handbook
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Environmental Specialist (ES)
The ES acts as an independent advisor to the Coordinator on matters regarding compliance with
NEPA and tribal environmental ordinances. The ES will be the lead person in organizing
compilation of Environmental Assessments (EAs) and other environmental documents. He will
also be expected to help organize publication of announcements regarding proposed projects and
public meetings. The ES is the primary person responsible to see that NEPA is followed for
actions covered under the 3P Process. An additional role of the ES will be to take notes during
3P meetings, document decisions, and circulate minutes for review by participants and revision
of minutes where initially inaccurate.
3P Team
The 3P Team is a collection of technical-level resource specialists who review proposed actions,
write resource specific sections of EAs and Environmental Impact Statements (EISs), and
collaborate to align resource management to the IRMP and the Holistic Goal. All 3P Team
members are expected to attend the Reservation-Wide 3P meetings; membership attendance to
District Meetings is based on area-of-interests, issues, resource concerns, and proposed projects.
The 3P Team membership includes representatives from:
History/Archeology
Environmental Trust
Wildlife Division
Anadromous Fisheries Division
Resident Fisheries Division
Mitigation Division
Tribal Roads
BIA Roads
BIA Realty/Leasing
BIA Land Operations
BIA Forestry (from all three Districts)
Resource Inventory & Analysis
Planning
BIA Fire Management (From all three Districts)
Tribal Energy
Parks and Recreation
Tribal Credit
Natural Resource Department Managers (NRD Managers)
The NRD Managers are a management-level group that assigns members of their staff to the 3P
Team. NRD Managers will review project and resource recommendations brought forward by
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the 3P Team. NRD Managers are responsible for keeping the 3P Team informed, via the IRMP
Coordinator, of upper-level management decisions that will affect the 3P process. When natural
resource projects require and EA and there are more than one action alternative, the NRD
Managers will determine which alternative will be the “preferred alternative”.
BIA Superintendent
The BIA Superintendent has been charged with insuring compliance with NEPA for all BIA
approved projects on the agency level (30 BIAM Supplement 1, Section 1.5.D.). The BIA
Superintendent acts as the Federal “decision maker” of record, and may sign Findings of No
Significant Impact, Categorical Exclusions, and Records of Decision. The BIA Superintendent
also has a role in the approval of EAs and EISs before they are finalized.
Colville Business Council (CBC)
On February 26, 1938, the United States Federal government approved the Confederated Tribes
of the Colville Reservation’s Constitution and By-Laws, as authorized by the Indian
Reorganization Act of 1934. From this Constitution, the Colville Business Council was
established as the governing board of the CCT. The CBC consists of 14 adult Colville tribal
members. The CBC is a policy-level group that approves proposed actions before the actions are
implemented. Approval typically comes in the form of a tribal resolution.
Community Stakeholders
Community Stakeholders are all community members who have an interest in the area or
natural/cultural resource issue that may be impacted by a proposed action. Community
stakeholders may provide input to all levels of CTCR staff (technical, management, & policy)
regarding any project proposals, 3P Notices, or IRMP revisions.
3P Process Description
The following section describes the basic 3P Process. Please note that all references to “days”
should be understood as “calendar days.”
Preliminary Consultation
The IRMP Coordinator, ES, and 3P Team members will have copies of the Project Proposal
Forms (PPF) and the 3P Manual in electronic and paper format for distribution to prospective
Proponents. Should a PP have question about the process, Programs should direct the PP to the
IRMP Coordinator.
Project Proposal Handbook
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Project Proposal
The PP fills out the Project Proposal Form. Project Proposal Forms should be submitted to the
IRMP Coordinator.
Proposal Routing and Review
1. The IRMP Coordinator receives the Project Proposal Form from the PP and reviews it to
see if the PP has provided sufficient information to describe the proposed action. If there
is not enough information given, the IRMP Coordinator will give it back to the PP with
instructions on what other information is needed. The IRMP Coordinator will assign a
PPF number to the project prior to distribution to the 3P Team.
2. The ES will determine what other laws or regulations may be applicable to the proposed
action and identify any tribal agencies that may have permitting authority over the
proposed project. The ES will notify the project proponent of any additional permitting
and regulations that may be necessary for the project. The ES will determine if there is a
federal action and if the action is subject to NEPA review. If the BIA is initiating,
funding or approving a project, then it is a federal action as defined by NEPA. Not all
activities on Indian trust lands require BIA funding or approval, and therefore may not be
subject to NEPA.
3. The IRMP Coordinator will send out the Project Proposal to the 3P Team for review. The
3P Team has 14 days to review the project proposal and submit comments to the IRMP
Coordinator.
4. Members of the 3P Team will comment on the information presented in the Project
Proposal. Their comments will be submitted to the ES, who will then complete an
Analysis of Environmental Impacts and submit this to the IRMP Coordinator.
5. The IRMP Coordinator and the ES will evaluate the issues posed by the 3P Team to make
a recommendation as to what kind of environmental document will be required for the
project (i.e., Categorical Exclusion (CatX), simple EA, complex EA, EIS). The IRMP
Coordinator/ES will complete the 3P Team comments review and make a
recommendation within 7 days.
6. The IRMP Coordinator will provide a list of current projects to the NRD Managers at the
biweekly managers’ meetings.
Categorical Exclusion
Categorical exclusions are classes of actions which do not individually or cumulatively have a
significant effect on the human environment. In order for a project to be categorically excluded it
must fit into one of the categories recognized by the DOI.
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Based on the recommendation from the IRMP Coordinator, Environmental Specialist and 3P
Team a project may be categorically excluded. The Colville Tribal Historic Protection Officer,
the Northwest Regional Archaeologist and the BIA Superintendent have 14 days to review,
discuss, and/or sign a memorandum authorizing a Categorical Exclusion.
Environmental Assessment Development
Following a decision that an EA is required for a project, the appropriate members of the 3P
Team will begin EA preparation. The IRMP Coordinator will identify the appropriate team
members by completing the Environmental Consequences Checklist. Two types of EA will be
prepared under this process: simple EAs are for projects that encompass a limited area and their
scope involves few resource types. Complex EAs are more extensive projects that involve a large
number of resources.
A simple EA might be appropriate for a project where a tribal member wishes to harvest hay
from a piece of previously undeveloped tribal trust property. The area of the proposed project is
limited to a single field, and the lack of ground disturbance means that only a few resources
would probably have concerns. A complex EA is appropriate for something like a timber
management plan, which typically involves harvest of trees, construction of roads, and setting
prescribed fire over an area measuring 2,000 acres or more.
Simple EAs: Members of 3P will write sections of the EA corresponding to their specialization.
If, in the process of gathering data or writing the EA, it becomes obvious that the proposed
action as currently developed will significantly impact a resource, the 3P Team will identify the
problem and work with the Project Proponent to develop an alternative to the originally proposed
action. Provided that mitigation measures can be developed, this will become the preferred
alternative. Members of 3P will have 30 days to identify issues and possible mitigation measures
for the proposed alternative. Included in this time is the writing of the section of the
Environmental Consequences chapter for their individual resource.
In the event of an unresolvable conflict between 3P members regarding the management of a
resource, the IRMP Coordinator, in cooperation with the ES, and NRD Managers will work to
resolve the conflict.
Complex EAs:
1. The Project Proponent will present the original proposed action to the 3PT during
regularly scheduled meetings held once a month in each district.
2. After the presentation, the IRMP Coordinator and the 3P members will set meeting dates
and tours over the 180 day period.
3. Members of 3P will write sections of the EA corresponding to their specialization.
Meetings to address issues and identify potential mitigation measures will occur during
the regularly scheduled monthly 3P meetings, or by arrangement. On-site meetings
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between 3P members are encouraged. If, in the process of gathering data or writing the
EA, it becomes obvious that the proposed action as currently developed will significantly
impact a resource, the 3P Team will work with the Project Proponent to develop an
alternative to the originally proposed action. Members of 3P will have 180 days to
identify issues and possible mitigation measures for the proposed alternative. Included in
this time is the writing of the section of the Environmental Consequences chapter for
their individual resource.
4. The Project Proponent will work with the 3P Team to develop additional alternative
actions if necessary.
5. In the event of an unresolvable conflict between 3P Team members regarding the
management of a resource, the IRMP Coordinator, in cooperation with the ES and NRD
Managers will work to resolve the conflict.
Prepare Draft EA
Draft Preparation:
1. The Environmental Specialist will assemble the EA using the sections provided by the 3P
members. This will be done within 7 days. The Environmental Specialist will prepare any
of those sections of the EA not covered by the resource specialists (i.e. Description of the
Alternatives, List of Preparers, List of Agencies and Persons Consulted).
2. The Project Proponent will prepare the “Purpose & Need” section of the EA.
Final EA Development: The Environmental Specialist will review the draft EA and comments
from 3P Team members and complete the final EA.
BIA Superintendent Review
Upon receipt of the final draft EA, the BIA Superintendent has three options: return the EA to
the 3P Team for further work, sign a FONSI, or direct the preparation of an EIS.
Return to 3P Team for further work: If necessary, the BIA Superintendent will return the EA
to the 3P Team for further work. Once revisions are complete the Environmental Specialist will
develop a FONSI for signature by the Superintendent.
Selection of “Preferred Alternative”: The IRMP coordinator will take the EA to the Land and
Property meeting and the managers will select the “preferred alternative”.
Finding of No Significant Impact (FONSI): A FONSI is a document that presents the reasons
why an action will have no significant effect on the environment.
1. The ES will solicit comments from the community stakeholders. The “public review”
period is determined by the decision maker.
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2. The ES will provide the BIA Superintendent with recommended responses to stakeholder
comments.
3. If the BIA Superintendent concurs with the recommended replies and they adequately
address the concerns, he will sign a memo authorizing the replies to be incorporated into
the administrative file for the project.
4. The BIA Superintendent will then sign the FONSI or determine that and Environmental
Impact Statement (EIS) is required.
5. The signed FONSI and complete EA will then be presented to CBC for final approval.
Environmental Impact Statement (EIS): The EIS is the highest level of detail required under
NEPA and discloses the anticipated environmental impacts of the proposed action.
Project Proposal Form (PPF) Requirements
This section will be based on the recommended requirements that each resource reviewer
includes as “necessary information.”
All necessary forms are included in the 3P Handbook.
All PPFs must include:
1. Accurate description of the project activities: please describe in detail exactly what, how
and when projects will be completed.
a. Goals of the project.
b. Project use of water and soil resources.
c. Project implementation schedule.
d. Any associated ground disturbance.
e. Any planned activities (e.g. BMPs implementation) to mitigate likely
environmental impacts.
f. Whether the proposed action permanently alters the condition of the proposed
property.
g. All projects that require and engineered design for project completion should
include the engineered design and erosion control plan in the PPF or indicate
where the plans are available to review.
2. Color topographic or aerial photo map(s) of entire project area and area of potential
effects.
a. Project Title.
b. North Arrow.
c. Scale in feet or miles whichever is relevant.
d. Legend with labels using common terns not shape file names. Minimize use of
abbreviations if possible.
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e.
f.
g.
h.
Name of mapmaker, the department, and office phone number.
Area of potential effects of project must be outlined on the map.
Show on the map where all project activities will occur.
Any water systems in the area:
i. Streams, swamps, springs, wetlands.
i. Road locations – new, reconstructed, or impacted/used by the project.
3. New Roads.
a. Indicate if Right of Way (ROW) has been acquired, or steps being taken to obtain
ROW.
b. Widths, cut and fill, shoulders, ditches, culverts bridges.
c. Type of road.
4.
5.
6.
7.
Indicate funding source for project (federal, tribal, or other).
Ownership of the land/structures and tract number.
Identification of project activities occurring in allotment(s) and allotment numbers(s).
Plan for noxious weed control.
8. List any use of fertilizers/pesticides/herbicides.
9. Any available records of past disturbance within the proposed project area:
a. Wildfire, slope failure, construction.
10. Any permit numbers received or anticipated permits for projects.
11. List any heavy equipment that will be used.
12. Is the area fenced? Condition of fence. Provide details on any new fence construction.
13. Project proposals must include a Cultural Resource Supplement (Included in Appendix
A).
If the project is identified to be a federal undertaking and there is the potential for an effect on
cultural resources, then the proponent will need to complete:
Form A: Definition of the APE and Findings Regarding the Need for a Survey.
Form B: Cultural Resource Survey Submittal and Request for Concurrence
Additional information necessary for specific project proposals:
Home Site Leases
Existing Structures
1. Current condition of the home and property. Any hazard materials, garbage, safety concerns
on property?
2. For existing structures, do they use municipal utilities (water, sewer)?
3. Has the existing septic system been inspected to ensure proper functioning, has it been
pumped at regular maintenance intervals? Please list approximate date of last septic service.
New Structures
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1. Planning Home Site Lease Checklist Form must be attached to PPF.
Agricultural Leases
1. Farm Plan
2. Current vegetative cover of land.
3. Crops/Rotation (indicate if a crop is a Genetically Modified Crop (GMO)), indicate when
fields will be fallow (chemical or mechanical fallow?)
4. Cultivation/Planting/Harvest methods and times. (tillage, direct seed)
5. Irrigation: source/quantity/type of application.
6. Amount of buffer around each water body.
Pasture/Grazing Leases
1. Grazing system plan (Season of use, duration of use, other land in rotation, rest period).
2. Type and number of livestock.
3. Pasture capacity in AUMs.
4. Current condition of pasture.
5. Watering points, location and type.
6. Salting points.
7. Indicate all water systems in the area; identify management to keep livestock out of
Riparian Management Zone(s) (RMZ).
Land Exchanges
1. Please indicate the percentage of each tract the proponent owns on the PPF.
2. Indicate the acres proponent is trading for and indicate the location on map.
3. Indicate the proponents intended use of the land.
DEVELOPMENTS: BUILDINGS, MULTI-BUILDING COMPLEXES, ROADS,
PARKING LOTS, PARKS, ETC.
1. Status of current lease and duration of lease.
2. Building dimension and location.
3. All needed utilities – water, sewer, septic, electrical, communication, etc.
a. Include a plan for hookups to existing grids.
4. Other facilities
a. Parking areas.
b. Sidewalks.
Project Proposal Handbook
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c. Dump stations.
FORESTRY PROJECTS
1. Proposed Harvest
2. Shape files
a. Project and block boundaries
b. Spring locations
c. Any available vegetation data
3. Treatment Prescription Summary
4. Proposed (likely) new roads and stream crossings.
a. How much road will be constructed and reconstructed?
b. How many streams (by water type) will be crossed by new road?
c. Identification of temporary roads.
d. Which existing roads will be used?
e. Which existing stream crossings will be replaced or upgraded and what will be
done?
f. How much road will be constructed within Riparian Management Zones (RMZ)?
5. Provide RMZ width and water type for each water body adjacent to or within proposed
blocks.
a. Will ground based machinery operate within RMZ? If so, how much, where and
why?
b. Will ground based machinery cross streams? How many crossing locations will
there be and where will they be located?
6. Areas to be planted with trees and tree species.
7. Previous harvest information and date of last entry.
8. Is there any mitigation measures planned to reduce fire hazard?
a. What are the slash treatment plans?
FIRE
1. Estimated mileage and location of cat fire line, and hand lines.
2. Water withdrawal locations.
3. Fire regime for site (desired future condition).
4. Current condition class in relation to the sites fire regime.
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RANGE
1. Cattle guard locations.
2. Spring development:
a. Location.
b. Current condition.
c. Type of construction.
d. Pipelines, tanks, stream or spring.
3. Existing range infrastructure in the project area.
4. Current and projected range utilization.
3P Notice Process Description
3P Notices are an information-sharing venue in order for all Tribal and BIA programs to share
data, announcements, documents submitted for comment only, etc. to share with all NRD
Programs yet not intended to go through the NEPA Process. Entities wishing to distribute a 3P
Notice should submit the notice to the Environmental Specialist for distribution. Non-Tribal
organizations, such as NRCS, WSU, and the Colville Tribal Conservation District, will be able to
share and receive information through 3P Notices. 3P Notices will be distinguished from PPFs in
the distribution from the IRMP Coordinator.
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Appendix A: Forms for Use in the 3P Process
Copies of the following forms are included in Appendix A:
Project Proposal Form
Cultural Resources Supplement
Form A: Definition of the APE and Findings Regarding the Need for a Survey
Form B: Cultural Resources Survey Submittal and Request for Concurrence
Home Site Lease Checklist
Categorical Exclusion Checklist
Environmental Consequences Checklist
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Project Proposal Form (PPF)
Project Name:
Proponent Program:
Date:
Contact Name:
Phone #:
Location (i.e., address, local landmarks, etc.):
Legal Description:
Township
Range
Section
Subdiv.
Desired Project Start Date and Estimated Duration:
What is the proposed project? (Please be as detailed as possible, including a description of all
roads, utilities, or other infrastructure to be built as a part of the project)
Why is the project necessary?
Please attach a USGS 7.5 minute series topographic map, aerial photo, or similarly detailed
map showing the location of the proposed project. Please include the location of roads, utilities,
and other infrastructure to be built as a part of the proposed project. Proposals without maps may
be returned for the proponent with a request for additional information.
Attachments(s), if any (maps, data, additional project description, etc.)
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Cultural Resources Management Plan
Confederated Tribes of the Colville Reservation
History/Archaeology Program
Project Proposal Form – Cultural Resources Supplement
Project Name: __________________________________________________________
Proponent Program: __________________________________ Date: _______________
Project Proponent: _________________________________ Phone: ______________
Contact:
__________________________________ Phone: ______________
In my role as the Project Proponent and/or Agency Official, I have determined the following:
This project is not a federal undertaking. We have determined that the proposed project (PPF
attached) is not a “project, activity, or program funded in whole or in part under the direct or indirect
jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those
carried out with Federal financial assistance; and those requiring a Federal permit, license or approval .”
This project has no potential to affect cultural resources. We have determined that the
attached described proposed project does not have the potential to directly or indirectly affect cultural
resources, even if they are present.
Project review for possible adverse effects to cultural resources is necessary. We believe
that the attached described proposed project is a Federal undertaking and has the potential to affect
cultural resources if they are present. In cooperation with the project proponent and with appropriate
professional assistance, we will review existing cultural resource inventory information as well as the
proposed project location and provide the THPO with an Area of Potential Effect and Survey Proposal
Form (PPP Form A).
Coordinator/Proponent’s Comments (Include information about how well the APE is defined, if it
may change, if there may be changes to the APE before clearance is obtained):
____________________________________________________________________________
____________________________________________________________________________
I have approved these
determinations
Proponent/Agency Official
I concur with these
determinations
Date
THPO
Date
Attachments
Project Proposal Handbook
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Cultural Resources Management Plan
Confederated Tribes of the Colville Reservation
History/Archaeology Program
Form A: Definition of the APE and Findings Regarding the Need for a Survey
Is this a revision of
a previous form?
No
Project Name:
PPF or other Project Numbers:
Date:
Proponent(s)/Program:
Lead Federal Agency / Responsible Agency Official:
Preparer(s):
Phone:
Description of potential effects (describe the project’s activities. Focus on ground disturbance and equipment, effects
on vegetation, and visual effects. Include any access roads, staging areas borrow pits or material sources or other areas outside
the main project area that may be disturbed):
Described in PPF
Description of APE and attached maps [provide information about the location of potentially disturbing activities.
Explain the accompanying map(s) Note: All areas of direct effect must be identified.:
Findings Regarding the Need for a Cultural Resources Survey:
The entire APE has been previously inventoried and no historic properties were located. We
request concurrence with a Finding of No Historic Properties Affected.
The entire APE is located where significant cultural resources are extremely unlikely to occur.
We request concurrence with a Finding of No Historic Properties Affected.
The entire APE is less than 10 acres and will not involve extensive linear ground disturbance. We
propose conducting a Field Reconnaissance of the area.
We propose conducting a 100% inventory of the APE, as indicated in the attached map(s) and
Inventory Plan
We propose conducting a partial inventory of the APE as indicated in the attached maps and
Inventory Plan.
I approve these determinations
Proponent/Agency Official
I concur
Date
THPO
Date
Attachments
Inventory Plan
Project Proposal Handbook
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Form B: Cultural Resources Survey Submittal and Request for Concurrence
(Page 1 of 3)
Is this a revision of
a previous form?
No
Project Name:
Report Title:
PPF or other Project Numbers:
Proponent(s)/Program:
Date:
Lead Federal Agency and Responsible Agency Official:
Preparer:
Phone:
PART 1 – List of Cultural Resources in the APE (Use Site Numbers if Applicable):
Previously documented cultural resources
1.
2.
3.
4.
Previously unrecorded resources documented in the attached survey report and site forms:
1.
2.
PART 2 – Evaluation of Cultural Resources
List Of Cultural Resources Proposed Not Eligible as Historic Properties:
1.
2.
List Of Cultural Resources Proposed Eligible as Historic Properties:
1.
2.
List Of Cultural Resources That Will Be Entirely Avoided By The Project:
1.
2.
Project Proposal Handbook
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Form B: Cultural Resources Survey Submittal and Request for Concurrence
(Page 2 of 3)
PART 3 - Conditions of Compliance:
Condition 1: Inadvertent Discoveries - In the event that human remains, burials, funerary items,
sacred objects, or objects of cultural patrimony are found during project implementation, the
proponent or his agent shall cease work immediately within 200 ft. of the find and shall
immediately take steps to protect it from further damage or disruption. They shall then promptly
contact the THPO at (509) 634-2654 [desk] or the Tribal Archaeologist at (509) 634-2691
[desk] or (509) 631-2130 [cell] to report the find. The THPO or the Tribal Archaeologist will
contact the appropriate law enforcement authority if human remains are found. No further work
shall be allowed in the vicinity of the discovery until the THPO has approved a plan for the
remains or items.
Condition 2: Post-Review Discoveries - In the event that prehistoric artifacts (i.e., arrowheads,
spear points, mortars, pestles, other ground stone tools, knives, scrapers, or flakes from the
manufacture of tools, fire pits, peeled trees, etc.) or historic-period artifacts or features (i.e.,
fragments of old plates or ceramic vessels, weathered glass, dumps of old cans, cabins, root
cellars, etc.) are found during project implementation, the proponent or his agent shall cease
work immediately within 200 ft. of the find and contact the THPO at (509) 634-2654 [desk] or
the Tribal Archaeologist at (509) 634-2691 [desk] or (509) 631-2130 [cell] to report the find.
No further work shall be allowed in the vicinity of the discovery until the THPO has approved a
plan for managing or preserving the artifacts or features.
Condition 3: Changes to the Area of Potential Effect or the Area of Direct Effect - Activities
that have the potential to disturb cultural resources outside the areas specified in the
accompanying document(s) are not approved and will not proceed until cultural resources
review of potential adverse effects in the new area has been completed.
Condition 4:
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Form B: Cultural Resources Survey Submittal and Request for Concurrence
(Page 3 of 3)
PART 6 – Findings Regarding Project Effects
The attached survey report represents a reasonable and good faith effort to carry out the
required identification of cultural resources that might be affected by the project. Based on this
documentation and in accordance with the above determinations of eligibility and conditions of
compliance, we request concurrence with a Finding of No Historic Properties Affected.
The attached survey report represents a reasonable and good faith effort to carry out the
required identification of cultural resources that might be affected by the project. Based on this
documentation and taking into account the nature of the proposed project, we request
concurrence with our Finding of No Adverse Effect based on adherence to the conditions of
compliance listed above.
The attached survey form or inventory report represents a reasonable and good faith
effort to carry out the required identification of cultural resources that might be affected by the
project. Based on this documentation and in accordance with the needs of the project, we are
providing you notice of our intention to make a determination of Historic Properties Affected
with a preliminary Finding of Adverse Effect. We will proceed as required in 36 CFR 800.6 to
resolve adverse effects.
I approve these determinations
Proponent/Agency Official
I concur
Date
THPO
Date
Attachments:
Cultural Resources Survey Form or Report
7.5 minute map(s) annotated as necessary and detailing the entire APE (required).
Site Forms (required)
Project Proposal Form (copy)
Supplemental information
Project Proposal Handbook
Page 20
HOME SITE LEASE CHECKLIST
(TO BE COMPLETED BY CCT PLANNING STAFF)
Name of Applicant: ____________________________________________________________________
Type of Lease:
Home site
Pasture
ROW
Utility
Business
Area Name or Road Name: ______________________________________________________________
Land ID: Tribal Tract #: __________________
Parcel #: _______________________________
Legal Description: _____________________________________________________________________
(Township, Range, Section, - common name)
General Driving Directions:
_____________________________________________________________________________________
Condition of Property:
_____________________________________________________________________________________
Red Flags: ____________________________________________________________________________
(water, contamination, solid waste, cultural/archeological)
Access: ______________________________________________________________________________
Available
Will Develop
Utilities:
_____________________________________________________________________________________
_____________________________________________________________________________________
(Electrical, Well, Septic/Drainfield)
Site Plan:
_____________________________________________________________________________________
_____________________________________________________________________________________
Signature of Staff Completing Form: _______________________________ Date: __________________
Attachments:
TSR
Aerial Map w site plan
______________
________________
Project Proposal Handbook
Page 21
Categorical Exclusion Checklist
(Page 1 of 2)
Project:
Date:
Nature of Proposed Action:
Legal Description:
No Change in Land Use.
Exclusion Category:
Cultural Resources Conditions: As this project moves forward, the History/Archaeology
Program asks that the proponent abide by the following conditions: Condition 1: Inadvertent
Discoveries (43 CFR 10.4), Condition 2: Post-Review Discoveries (36 CFR 800.13), Condition
3: Changes in the Project Description (36 CFR 800.4).
Evaluation of Exceptions to use of Categorical Exclusion:
1.
This action would have significant adverse effects
on public health or safety.
No x
Yes
2.
This action would have an adverse effect on unique
geographical features, such as wetlands, wild or
scenic rivers, refuges, floodplains, rivers placed on
nationwide river inventory, or prime or unique
farmlands.
No x
Yes
3.
The action will have highly controversial
environmental effects.
No x
Yes
4.
The action will have highly uncertain
environmental effects or involve unique or
unknown environmental risks.
No x
Yes
5.
This action is related to other actions with
individually insignificant, but cumulatively
significant environmental effects.
No x
Yes
6.
This action will establish a precedent for future
actions.
No x
Yes
7.
This action will affect properties listed or eligible
for listing in the National Register of Historic
Places.
No x
Yes
8.
This action will affect a species listed, or proposed
No x
Yes
Project Proposal Handbook
Page 22
(Page 2 of 2)
to be listed as endangered or threatened.
9.
This action threatens to violate federal, state, local
or tribal law or requirements imposed for protection
of the environment.
No x
Yes
10. This action will have a disproportionately high and
adverse effect on low income or minority
populations.
No x
Yes
This action will limit access to, and ceremonial use
of, Indian sacred sites on federal lands by Indian
religious practitioners, or significantly adversely
affect the physical integrity of such sacred sites.
No x
Yes
12. This action will contribute to the introduction,
continued existence, or spread of noxious weeds or
non-native invasive species known to occur in the
area, or may promote the introduction, growth, or
expansion of the range of such species.
No x
Yes
A “yes” to any of the above exceptions will require that an EA be prepared.
NEPA Action - - - CE
X
EA
Preparer’s Name and Title:
Environmental Specialist: ________________________________________________________
Myra Clark for Environmental Specialist
Tribal Historic Preservation Officer (THPO) Concurrence with Item 7:
Regional Archeologist Concurrence with Item 7:
Concur:
Date:
Regional Director/Agency Superintendent
Concur:
Date:
Regional Environmental Specialist
Project Proposal Handbook
Page 23
Environmental Consequences Checklist – Project Name:
Instructions: If any of the alternatives will or may have an impact(s) on any component of the environment, make
an “X” in the appropriate box(es) and analyze the impact(s) on separate paper. If such analysis concludes that any
impact(s) may or will be significant, make an “O” over the “X” in the appropriate box (es) as such: “Ø”
(Proposed Action listed first)
1.Land Resources
Alt 1
Alt 2
Alt 3
Alt 4
Alt 5
a) Topography (land forms, drainage, gradients)
b) Soils, (types, characteristics)
c) Geologic Settings and Mineral Resources
2. Water Resources
3. Air (quality, visibility)
4. Living Resources
a) Wildlife (terrestrial, aquatic, threatened/endangered)
b) Vegetation (terrestrial, aquatic, riparian, threatened/endangered)
c) Ecosystems and Biological Communities
d) Agriculture (livestock and crops)
5. Cultural Resources (cultural & religious properties, archaeological sites)
6. Socioeconomic Conditions
a) Employment and Income
b) Demographic Trends
c) Attitudes, Expectations, Lifestyle and Cultural Values
d) Community Infrastructures
7. Resource Use Patterns
a) Hunting, Fishing, Gathering
b) Timber Harvesting
c) Agriculture
d) Mining
e) Recreation
f) Transportation Networks
g) Land Use Plans
8. Other Values
a) Wilderness
b) Sound and Noise
c) Public Health and Safety
9. Cumulative Impacts
[Note: This form based on 30 BIAM Supp. 1, Illustration 19, with modifications for CCT use.]
Project Proposal Handbook
Page 24
Coordinator’s Review Form
Project Name:
Proponent Program:
Date:
Is this proposal covered under another NEPA document?
Yes
No
X
Unknown
* If “Yes,” which document(s)?
Scope of environmental analysis: (i.e., actions, mitigation measures, possible alternative
actions, anticipated environmental actions)
List any known environmental laws, consultation, and permit requirements:
This action is designated as a categorical exclusion per 516 DM 6 (61 FR 67845-67848) and
section 4.4.I of the PP Handbook.
Describe the existing management direction, values, and trends (i.e., current management
activities, resource values in affected area, known public uses in the affected area)
Property is within rangelands, incidental hunting and gathering.
Identify level of documentation: (please use clickable checkboxes)
CatEx
Simple EA
Complex EA
EIS
Identify 3P Team Members: (please use clickable checkboxes)
Fish & Wildlife
Water Quality
Recreation
Soils
Realty
Planning
Forestry
Air Quality
History & Archaeology
Hydrology
Roads
Tribal Credit
Range
Fire Management
RIA
Forest Practice Admin.
Vegetation Mgmt.
Project Proposal Handbook
Page 25
Confederated Tribes of the Colville Reservation
Natural Resources Department
P.O. Box 150, Nespelem, WA 99155-0150
509-634-2323 ext. 2323 FAX 509-634-2356
May 1, 2018
TO:
FROM:
SUBJECT:
IRMP Coordinator
Analysis of Impacts from Environmental Consequences Checklist
Utilizing NR staff comments and information provided by the proponent, my findings regarding
items that will or may be impacted by the project are:
Item 5. Cultural Resources
Condition 1: Inadvertent Discoveries (43 CFR 10.4) - In the event that human remains, burials, funerary
items, sacred objects, or objects of cultural patrimony are found during project implementation, the
proponent or his authorized agent shall cease work immediately within 200 ft. of the find. They shall then
take steps to protect the find from further damage or disruption. Then they shall contact the THPO at
(509) 634-2654 [desk] or the Tribal Archaeologist at (509) 634-2691 [desk] or (509) 631-2130 [cell] to
report the find. The THPO or the Tribal Archaeologist shall contact the appropriate law enforcement
authority if human remains are found. No further work shall be allowed on the project until the THPO has
approved a plan for managing or preserving the remains or items.
Condition 2: Post-Review Discoveries (36 CFR 800.13) - In the event that prehistoric artifacts (i.e.,
arrowheads, spear points, mortars, pestles, other ground stone tools, knives, scrapers, or flakes from the
manufacture of tools, fire pits, peeled trees, etc.) or historic-period artifacts or features (i.e., fragments of
old plates or ceramic vessels, weathered glass, dumps of old cans, cabins, root cellars, etc.) are found
during project implementation, the proponent or his authorized agent shall cease work immediately within
200 ft. of the find. Then they shall contact the THPO at (509) 634-2654 [desk] or the Tribal Archaeologist
at (509) 634-2691 [desk] or (509) 631-2130 [cell] to report the find. No further work shall be allowed on
the project until the THPO has approved a plan for managing or preserving the artifacts or features.
Condition 3: Changes in the Project Description (36 CFR 800.4) Activities that have the potential to
disturb cultural resources outside the areas specified in the accompanying document(s) are not approved
and should not proceed until the agency consults with the THPO regarding the new Area of Potential
Effects and cultural resources review of potential adverse effects in the new area has been completed.
Project Proposal Handbook
Page 26
Appendix B: EA Outlines and Format
Cover Sheet
Cover sheet should include the following:
Project Title
Type of NEPA Document (EA or EIS)
Agency:
The Bureau of Indian Affairs and the Colville Confederated
Tribes of the Colville Indian Reservation
Proposed Action:
Official Decision Maker:
Debra Wulff, Superintendent, Colville Agency, BIA
For further information:
Chasity Swan
IRMP Coordinator
PO BOX 150
Nespelem, WA 99138
(509) 634-2323
Date:
Formatting
Text: All headings should have 6-pt spacing before and after and be left aligned. Do not use extra
lines to create spacing. Line spacing for text should be single spacing. With justified text, except
in tables which should be centered or left aligned.
1.0 First-level heading, Arial 18-pt. bold (left aligned)
1.1 Second-level headings, Arial 14-pt. bold with a numbering system
of chapter + major section
1.1.1 Third-level Headings, Arial 12-pt. Bold, chapter number + major section +
subsection
1.1.1.1 Fourth-level Headings, Times New Roman 12-pt. bold, chapter number + major
section + subsection + sub subsection
Regular text: Times New Roman 12-pt.
Project Proposal Handbook
Page 27
Paragraph format: Indention 0”, spacing before/after paragraph 6-pt. and single line spacing.
Tables: All tables and figures must include a caption description that is in Times New Roman
10-pt. bold. The caption should be placed above the table and line up with the edges of the table
or figure. Table headings will be Arial 12-pt. bold and all heading text will be centered except
for the first heading. All text in the table should be Times New Roman 12-pt. with before/after
spacing of 3 pt.
Lists:
Whenever possible we will use lists. Indentation for lists will be .25 inch left and
right. Special indentation: hanging by .25 inch
All lists will be Times New Roman 12-pt. Format, paragraph, before\after 6-pt.
Uncheck, “don’t add space between paragraphs of the same style” box.
Where numbering is not crucial, lists will begin with bullets.
Sections
1.0 Purpose and Need
1.1 Introduction
Who, what, where, when. Briefly summarize the proposed action, no more than ½ page. List
major actions without giving all details (acres, miles of new road, etc.). Include a location map.
1.2 Purpose and Need for Action
Briefly summarize the need for the proposed action. No more than ½ page. Full description will
occur in chapter 2.
1.3 Objectives
List project objectives and give their sources. Avoid listing project actions as objectives. When
you list objectives give their source and give measurement indicators. Example: follow pg 34
text box 12., in Shipley’s, “How to Write Quality EISs and EAs”.
1. To improve vegetative health and growth rates in the project area timber stands. (Black
Mountain Land Resource Management Plan, Vegetation Goal, p 46).
Indicators:
A. Number/percentage of diseased trees.
B. Annual timber growth rates.
Project Proposal Handbook
Page 28
1.4 Laws and Regulations
Identify any laws, regulations, or other EISs/EAs that influence the scope of this EIS/EA. List
any linkage between any prior EIS/EAs, note page number of original document. Endangered
Species Act, Clean Water Act, Clean Air Act, National Historic Preservation Act, etc.
1.5 Decision(s) to be Made
Summarize the decision(s) to be made and identify any other lead or cooperating agencies
involved in this NEPA analysis.
a) To take no action
b) To approve the proposed action
c) To approve the preferred action
1.6 Public Scoping
Summarize the scoping/public involvement and profile major relevant issues. As appropriate,
identify issues considered but eliminated from further analysis. Scoping is a critical NEPA
activity. A full record of all scoping activities must be kept in the record. Mention efforts to
involve other agencies and members of the public.
1.6.1 Profile Major Relevant Issues Identified through Scoping
Direct, indirect and cumulative. See pg. 36 in Shipley’s, “How to Write Quality EISs and EAs”,
third edition.
1.7 Tribal, Federal and State Permits or Licenses
List any Tribal, Federal, state or local permits, licenses, or other consultation requirements.
Specify who is responsible for obtaining the different permits.
2.0 Alternatives Considered
2.1 General Discussion –Alternative Design
The National Environmental Policy Act (NEPA) and the Council on Environmental Quality
(CEQ) have developed regulations that require that a reasonable range of alternatives be
considered in NEPA documentation, including the “Proposed Action” and “No Action”
alternatives.
For this project, Alternative A (No Action) is included to fulfill the requirements of NEPA and to
provide baseline values by which to measure the effects of other alternatives. For the purposes of
this document, “no action” means that no harvest or other resource manipulation would occur if
this alternative were adopted.
Alternative B (the Proposed Action) was constructed to fulfill the purpose and need.
All alternatives are designed to meet all legal and procedural requirements to which the Colville
Tribes and the Bureau of Indian Affairs must adhere.
Project Proposal Handbook
Page 29
2.2 Alternative A – No Action.
2.3 Alternative B – Proposed Action
The Project Proposal Process (3P) Team developed this alternative by altering Alternative B to
emphasize integrated resource management.
3.0 Affected Environment and Environmental
Consequences
3.1 General Discussion
Summarize the current conditions of this resource including any past, present, or future actions
relevant to the current status of this resource. Summarize the methodology (measurement tools)
to be used to estimate impacts. Show current values for the indicators for each relevant resource.
Include short paragraph briefly describing any issues determined to be non-relevant. Please only
include information directly related to this specific project area and that will be impacted by this
project. Additional information can be included in technical supplements. All tribal codes and
regulations will be included by reference, but do not need to be in the EA.
3.2 Resource 1
3.2.1 Affected Environment
3.2.2 Environmental Consequences
3.2.2.1 Impacts of Alternative A: No Action
Address direct, indirect and cumulative impacts.
3.2.2.2 Alternative B: Proposed Action
3.2.3 Mitigation for Resource 1
Mitigation should be the same regardless of which alternative is selected. If there are blocks that should
be harvested in the winter, can list them here, but do not make two subchapters for separate mitigation for
each alternative.
Table 1. Project Plan achievement of IRMP Goals and Objectives
IRMP
Objective
Issue
Indicator
Units
Existing Alternative Alternative Alternative
Condition
A
B
C
Times New
Roman 12pt.
Project Proposal Handbook
Page 30
3.10 Unavoidable Adverse Impacts (on all resources)
3.11 Relationship of Short-Term Uses and Long-Term Productivity (on
all resources)
3.12 Irreversible and Irretrievable Commitments of Resources (on all
resources)
4.0 List of Preparers
Name
Chasity Watt
Contributions
Coordinator, Editor
Soils
Forestry
Project Proposal Handbook
Page 31
Appendix C: Public Notice Locations
Notice of the availability of Environmental Assessments and Environmental Impact Statements
will be provided on the tribal website. In addition the following locations will be posted:
Location
Omak:
Omak Public Library
Senior Meal Site
Omak Community Center
East Side Omak Gas station
Tribal Trails
Health Clinic
Nespelem:
Library
Senior Meal Site
Nespelem Community Center
Jackson's Gas Station
Post Office
Trading Post
Council Waiting Area
City Hall
BIA Building
Keller:
Library
Senior Meal Site
Keller Community Center
Post Office
Keller Store
Health Clinic
Inchelium:
Library
Senior Meal Site
Inchelium Community Center
Post Office
Inchelium Store
Short Stop Gas Station
Rainbow Beach Resort
Inchelium Subagency
EA review copy &
Public Notice
Public Notice (Noting availability
and location of EA Review Copy)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Project Proposal Handbook
Page 32
Appendix D: NEPA Policies from the Department of
the Interior Departmental Manual
516 DM 2, Appendix 1, Departmental Categorical Exclusions
The following actions are categorical exclusion (CX) pursuant to 516 DM 2.3A(2). However,
environmental documents will be prepare for individual actions within these CX if the
exceptions listed in 516 DM 2, Appendix 2, apply.
1.1
Personnel actions and investigations and personnel services contracts.
1.2
Internal organization changes and facility and office reductions closings.
1.3
Routine financial transactions including such things as salaries and expenses,
procurement contracts (in accordance with applicable procedures and Executive Orders
for sustainable or green procurement), guarantees, financial assistance, income transfers,
audits, fees, bonds and royalties.
1.4
Departmental legal activities including, but not limited to, such things as arrests,
investigations, patents, claims, and legal opinions. This does not include bringing judicial
or administrative civil or criminal enforcement actions which are outside the scope of
NEPA in accordance with 40 CFR 1508.18(a).
1.5
Reserved.
1.6
Nondestructive data collection, inventory (including field, aerial and satellite surveying
and mapping), study, research and monitoring activities.
1.7
Routine and continuing government business, including such things as supervision,
administration, operations, maintenance, renovations, and replacement activities having
limited context and intensity (e.g. limited size and magnitude or short-term effects).
1.8
Management, formulation allocation, transfer, and reprogramming of the Department’s
budget at all levels. (This does not exclude the preparation of environmental documents
for proposals included in the budget when otherwise required.)
1.9
Legislative proposals of an administrative or technical nature (including such things as
changes in authorizations for appropriations, and minor boundary changes and land
transactions) or having primarily economic, social, individual or institutional effects; and
comments and reports on referrals of legislative proposals.
1.10
Policies, directives, regulations and guidelines that are of an administrative, financial,
legal, technical or procedural nature and whose environmental effects are not too broad,
speculative or conjectural to lend themselves to meaningful analysis and will later be
subject to the NEPA process, either collectively or case-by-case.
1.11
Activities which are educational, informational, advisory, or consultative to other
agencies, public and private entities, visitors, individuals, or the general public.
1.12
Hazardous fuels reduction activities using prescribed fire not to exceed 4,500 acres, and
mechanical methods for crushing, piling, thinning, pruning, cutting, chipping, mulching,
and mowing, not to exceed 1,000 acres. Such activities: Shall be limited to areas (1) in
Project Proposal Handbook
Page 33
wildland-urban interface and (2) Condition Classes 2 or 3 in Fire Regime Groups I, II, or
III, outside the wildland-urban interface; Shall be identified through a collaborative
framework as described in “A Collaborative Approach for Reducing Wildland Fire Risks
to Communities and the Environment 10-Year Comprehensive Strategy Implementation
Plan;” Shall be conducted consistent with agency and Departmental procedures and
applicable land and resource management plans; Shall not be conducted in wilderness
areas or impair the suitability of wilderness study areas for preservation as wilderness;
Shall not include the use of herbicides or pesticides or the construction of new permanent
roads or other new permanent infrastructure; and may include the sale of vegetative
material if the primary purpose of the activity is hazardous fuels reduction. (Refer to the
Environmental Statement Memoranda Series for additional, required guidance.)
1.13
Post-fire rehabilitation activities not to exceed 4,200 acres (such as tree planting, fence
replacement, habitat restoration, heritage site restoration, repair of roads and trails, and
repair of damage to minor facilities such as campgrounds) to repair or improve lands
unlikely to recover to a management approved condition from wildland fire damage, or to
repair or replace minor facilities damaged by fire. Such activities: Shall be conducted
consistent with agency and Departmental procedures and applicable land and resource
management plans; Shall not include the use of herbicides or pesticides or the
construction of new permanent roads or other new permanent infrastructure; and Shall be
completed within three years following a wildland fire. (Refer to the Environmental
Statement Memoranda Series for additional, required guidance.)
516 DM 10: Managing the NEPA Process—Bureau of Indian Affairs
Effective Date: May 27, 2004
10.1 Purpose
This Chapter provides supplementary requirements for implementing provisions of 516 DM 1
through 6 within the Department’s Bureau of Indian Affairs (BIA). This Chapter is referenced in
516 DM 6.5.
10.2 NEPA Responsibility
A. Deputy Commissioner of Indian Affairs is responsible for NEPA compliance of BIA
activities and programs.
B. Director, Office of Trust Responsibilities (OTR) is responsible for oversight of the BIA
program for achieving compliance with NEPA, program direction, and leadership for
BIA environmental policy, coordination and procedures.
C. Environmental Services Staff, reports to the Director (OTR). This office is the Bureauwide focal point for overall NEPA policy and guidance and is responsible for advising
and assisting Area Offices, Agency Superintendents, and other field support personnel in
their environmental activities. The office also provides training and acts as the Central
Office's liaison with Indian tribal governments on NEPA and other environmental
compliance matters. Information about BIA NEPA documents or the NEPA process can
be obtained by contacting the Environmental Services Staff.
Project Proposal Handbook
Page 34
D. Other Central Office Directors and Division Chiefs are responsible for ensuring that the
programs and activities within their jurisdiction comply with NEPA.
E. Area Directors and Project Officers are responsible for assuring NEPA compliance with
all activities under their jurisdiction and providing advice and assistance to Agency
Superintendents and consulting with the Indian tribes on environmental matters related to
NEPA. Area Directors and Project Officers are also responsible for assigning sufficient
trained staff to ensure NEPA compliance is carried out. An Environmental Coordinator is
located at each Area Office.
F. Agency Superintendents and Field Unit Supervisors are responsible for NEPA
compliance and enforcement at the Agency or field unit level.
10.3 Guidance to Applicants and Tribal Governments
A. Relationship with Applicants and Tribal Governments:
1. Guidance to Applicants:
a. An “applicant” is an entity which proposes to undertake any activity which
will at some point require BIA action. These may include tribal governments,
private entities, state and local governments or other Federal agencies. BIA
compliance with NEPA is congressionally mandated. Compliance is initiated
when a BIA action is necessary in order to implement a proposal.
b. Applicants should contact the BIA official at the appropriate level for
assistance. This will be the Agency Superintendent, Area Director or the
Director, Office of Trust Responsibilities.
c. If the applicant's proposed action will affect or involve more than one tribal
government, one government agency, one BIA Agency, or where the action
may be of State-wide or regional significance, the applicant should contact the
respective Area Director(s). The Area Director(s), using sole discretion, may
assign the lead NEPA compliance responsibilities to one Area Office or, as
appropriate, to one Agency Superintendent. From that point, the Applicant
will deal with the designated lead office.
d. Since much of the applicant's planning may take place outside the BIA
system, it is the applicant's responsibility to prepare a milestone chart for BIA
use at the earliest possible stage in order to coordinate the efforts of both
parties. Early communication with the responsible BIA office will expedite
determination of the appropriate type of NEPA documentation required. Other
matters such as the scope, depth and sources of data for an environmental
document will also be expedited and will help lead to a more efficient and
more timely NEPA compliance process.
2. Guidance to Tribal Governments:
a. Tribal governments may be applicants, and/or be affected by a proposed
action of BIA or another Federal agency. Tribal governments affected by a
proposed action shall be consulted during the preparation of environmental
documents and, at their option, may cooperate in the review or preparation of
Project Proposal Handbook
Page 35
such documents. Notwithstanding the above, the BIA retains sole
responsibility and discretion in all NEPA compliance matters.
b. Any proposed tribal actions that do not require BIA or other Federal approval,
funding or “actions” are not subject to the NEPA process.
B. Prepared Program Guidance: BIA has implemented regulations for environmental
guidance for surface mining in 25 CFR Part 216 (Surface Exploration, Mining and
Reclamation of Lands.) Environmental guidance for Forestry activities is found in 25
CFR 163.27 and 53 BIAM Supplements 2 and 3.
C. Other Guidance. Programs under 25 CFR for which BIA has not yet issued regulations
or directives for environmental information for applicants are listed below. These
programs may or may not require environmental documents and could involve
submission of applicant information to determine NEPA applicability. Applicants for
these types of programs should contact the appropriate BIA office for information and
assistance:
(1) Partial payment construction charges on Indian irrigation projects (25 CFR Part 134).
(2) Construction assessments, Crow Indian irrigation project (25 CFR Part 135).
(3) Fort Hall Indian irrigation project, Idaho (25 CFR Part 136).
(4) Reimbursement of construction costs, San Carlos Indian irrigation project, Arizona
(25 CFR Part 137).
(5) Reimbursement of construction costs, Ahtanum Unit, Wapato Indian irrigation
project, Washington CFR Part 138).
(6) Reimbursement of construction costs, Wapato-Satus Unit, Wapato Indian Irrigation
project, Washington (25 CFR Part 139).
(7) Land acquisitions (25 CFR Part 151).
(8) Leasing and permitting (Lands) (25 CFR Part 162).
(9) Sale of lumber and other forest products produced by Indian enterprises from the
forests on Indian reservation (25 CFR Part 164).
(10) Sale of forest products, Red Lake Indian Reservation, Minn. (25 CFR Part 165).
(11) General grazing regulations (25 CFR Part 166).
(12) Navajo grazing regulations (25 CFR Part 167).
(13) Grazing regulations for the Hopi partitioned lands (25 CFR Part 168).
(14) Rights-of-way over Indian lands (25 CFR Part 169).
(15) Roads of the Bureau of Indian Affairs (25 CFR Part 170).
(16) Concessions, permits and leases on lands withdrawn or acquired in connection with
Indian irrigation projects (25 CFR Part 173).
(17) Indian Electric Power Utilities (25 CFR Part 175).
Project Proposal Handbook
Page 36
(18) Resale of lands within the badlands Air Force Gunnery Range (Pine Ridge Aerial
Gunnery Range) (25 CFR Part 178).
(19) Leasing of tribal lands for mining (25 CFR Part 211).
(20) Leasing of allotted lands for mining (25 CFR Part 212).
(21) Leasing of restricted lands of members of Five Civilized Tribes, Oklahoma, for
mining (25 CFR Part 213).
(22) Leasing of Osage Reservation lands, Oklahoma, for mining, except oil and gas (25
CFR Part 214).
(23) Lead and zinc mining operations and leases, Quapaw Agency (25 CFR Part 215).
(24) Leasing of Osage Reservation lands for oil and gas mining (25 CFR Part 226).
(25) Leasing of certain lands in Wind River Indian Reservation, Wyoming, for oil and
gas mining (25 CFR Part 227).
(26) Indian fishing in Alaska (25 CFR Part 241).
(27) Commercial fishing on Red Lake Indian Reservation (25 CFR 242).
(28) Use of Columbia River in-lieu fishing sites (25 CFR Part 248).
(29) Off-reservation treaty fishing (25 CFR Part 249).
(30) Indian fishing - Hoopa Valley Indian Reservation (25 CFR Part 150).
(31) Housing Improvement Program (25 CFR Part 256).
(32) Contracts under Indian Self-Determination Act (25 CFR Part 271).
(33) Grants under Indian Self-Determination Act 25 CFR Part 272).
(34) School construction or services for tribally operated previously private schools (25
CFR Part 274).
(35) Uniform administration requirements for grants (25 CFR 276).
(36) School construction contracts for public schools (25 CFR Part 277).
10.4 Major Actions Normally Requiring an EIS.
A. The following BIA actions normally require the preparation of an Environmental
Impact Statement (EIS):
(1) Proposed mining contracts (for other than oil and gas), or the combination of a
number of smaller contracts comprising a mining unit for:
(a) New mines of 640 acres or more, other than surface coal mines.
(b) New surface coal mines of 1,280 acres or more, or having an annual full
production level of 5 million tons or more.
(2) Proposed water development projects which would, for example, inundate more
than 1,000 acres, or store more than 30,000 acre-feet, or irrigate more than 5,000
acres of undeveloped land.
Project Proposal Handbook
Page 37
(3) Construction of a treatment, storage or disposal facility for hazardous waste or
toxic substances.
(4) Construction of a solid waste facility for commercial purposes.
B. If, for any of these actions, it is proposed not to prepare an EIS, an Environmental
Assessment (EA) will be developed in accordance with 40 CFR 1501.4(a)(2).
10.5 Categorical Exclusions
In addition to the actions listed in the Department's categorical exclusions in Appendix 1 of 516
DM 2, many of which the BIA also performs, the following BIA actions are hereby designated as
categorical exclusions unless the action qualifies as an exception under Appendix 2 of 516 DM
2. These activities are single, independent actions not associated with a larger, existing or
proposed, complex or facility. If cases occur that involve larger complexes or facilities, an EA or
supplement should be accomplished.
A. Operation, maintenance, and replacement of existing facilities: Examples are normal
renovation of buildings, road maintenance and limited rehabilitation of irrigation
structures.
B. Transfer of Existing Federal Facilities to Other Entities: Transfer of existing operation
and maintenance activities of Federal facilities to tribal groups, water user organizations,
or other entities where the anticipated operation and maintenance activities are agreed to
in a contract, follow BIA policy, and no change in operations or maintenance is
anticipated.
C. Human resources programs: Examples are social services, education services,
employment assistance, tribal operations, law enforcement and credit and financing
activities not related to development.
D. Administrative actions and other activities relating to trust resources: Examples
include management of trust funds (collection and distribution), budget, finance, estate
planning, wills and appraisals.
E. Self-Determination and Self-Governance:
1. Self-Determination Act contracts and grants for BIA programs listed as
categorical exclusions, or for programs in which environmental impacts are
adequately addressed in earlier NEPA analysis.
2. Self-Governance compacts for BIA programs which are listed as categorical
exclusions or for programs in which environmental impacts are adequately
addressed in earlier NEPA analysis.
F. Rights-of-Way:
1. Rights-of-Way inside another right-of-way, or amendments to rights-of-way
where no deviations from or additions to the original right-of-way are involved
and where there is an existing NEPA analysis covering the same or similar
impacts in the right-of-way area.
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2. Service line agreements to an individual residence, building or well from an
existing facility where installation will involve no clearance of vegetation from
the right-of-way other than for placement of poles, signs (including highway
signs), or buried power/cable lines.
3. Renewals, assignments and conversions of existing rights-of-way where there
would be essentially no change in use and continuation would not lead to
environmental degradation.
G. Minerals:
1. Approval of permits for geologic mapping, inventory, reconnaissance and surface
sample collecting.
2. Approval of unitization agreements, pooling or communitization agreements.
3. Approval of mineral lease adjustments and transfers, including assignments and
subleases.
4. Approval of royalty determinations such as royalty rate adjustments of an existing
lease or contract agreement.
H. Forestry:
1. Approval of free-use cutting, without permit, to Indian owners for on-reservation
personal use of forest products, not to exceed 2,500 board feet.
2. Approval and issuance of cutting permits for forest products not to exceed $5,000
in value.
3. Approval and issuance of paid timber cutting permits or contracts for products
valued at less than $25,000 when in compliance with policies and guidelines
established by a current management plan addressed in earlier NEPA analysis.
4. Approval of annual logging plans when in compliance with policies and
guidelines established by a current management plan addressed in earlier NEPA
analysis.
5. Approval of Fire Management Planning Analysis detailing emergency fire
suppression activities.
6. Approval of emergency forest and range rehabilitation plans when limited to
environmental stabilization on less than 10,000 acres and not including approval
of salvage sales of damaged timber.
7. Approval of forest stand improvement projects of less than 2000 acres when in
compliance with policies and guidelines established by a current management
plan addressed in earlier NEPA analysis.
8. Approval of timber management access skid trail and logging road construction
when consistent with policies and guidelines established by a current management
plan addressed in earlier NEPA analysis.
9. Approval of prescribed burning plans of less than 2000 acres when in compliance
with policies and guidelines established by a current management plan addressed
in earlier NEPA analysis.
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10. Approval of forestation projects with native species and associated protection and
site preparation activities on less than 2000 acres when consistent with policies
and guidelines established by a current management plan addressed in earlier
NEPA analysis.
I. Land Conveyance and Other Transfers: Approvals or grants of conveyances and other
transfers of interests in land where no change in land use is planned.
J. Reservation Proclamations: Lands established as or added to a reservation pursuant to 25
U.S.C. 467, where no change in land use is planned.
K. Waste Management:
1. Closure operations for solid waste facilities when done in compliance with other
federal laws and regulations and where cover material is taken from locations
which have been approved for use by earlier NEPA analysis.
2. Activities involving remediation of hazardous waste sites if done in compliance
with applicable federal laws such as the Resource Conservation and Recovery Act
(Pub. L. 94-580), Comprehensive Environmental Response, Compensation, and
Liability Act (Pub. L. 96-516) or Toxic Substances Control Act (Pub. L. 94-469).
L. Roads and Transportation:
1. Approval of utility installations along or across a transportation facility located in
whole within the limits of the roadway right-of-way.
2. Construction of bicycle and pedestrian lanes and paths adjacent to existing
highways and within the existing rights-of-way.
3. Activities included in a ``highway safety plan'' under 23 CFR Part 402.
4. Installation of fencing, signs, pavement markings, small passenger shelters, traffic
signals, and railroad warning devices where no substantial land acquisition or
traffic disruption will occur.
5. Emergency repairs under 23 U.S.C. 125.
6. Acquisition of scenic easements.
7. Alterations to facilities to make them accessible for the elderly or handicapped.
8. Resurfacing a highway without adding to the existing width.
9. Rehabilitation, reconstruction or replacement of an existing bridge structure on
essentially the same alignment or location (e.g. widening, adding shoulders or
safety lanes, walkways, bikeways or guardrails).
10. Approvals for changes in access control within existing right-of-ways.
11. Road construction within an existing right-of-way which has been acquired for a
HUD housing project, and for which earlier NEPA analysis already exists.
M. Other:
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1. Data gathering activities such as inventories, soil and range surveys, timber
cruising, geological, geophysical, archeological, paleontological and cadastral
surveys.
2. Establishment of non-disturbance environmental quality monitoring programs and
field monitoring stations including testing services.
3. Approval of an Application for Permit to Drill for a new water source or
observation well.
4. Approval of conversion of an abandoned oil well to a water well if water facilities
are established only near the well site.
5. Approval and issuance of permits under the Archaeological Resources Protection
Act (16 U.S.C. 470aa-ll) when the permitted activity is being done as a part of an
action for which an NEPA analysis has been, or is being prepared.
5/27/04 #3620
Replaces 3/18/80 #3511
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.