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Ryk DunkelbergBarnard Dunkelberg & CompanyRyk@bd-c.com

Roles Of Sponsor, Consultant and FAA During NEPA Process

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Major Parties in NEPA Process

• FAA• Sponsor• Consultant• State Block Grant Program States

Three NEPA Processes

• EIS – Environmental Impact Statement• EA – Environmental Assessment• CatEx – Categorical Exclusions

Initiation of Airport NEPA Process

• Sponsor Initiates the Process• Sponsor Owns and Operates the Airport• Sponsor Decides When and Where Development Will

Occur• Sponsor Seeks Approvals or Funds which Starts the

NEPA Process

FAA Role in EIS

• Lead Federal Agency• Selects and Directs Consultant• Develops Scope and Content of EIS• Lead in All Agency and Tribal Coordination• Communicates with Sponsor— Consultant Does not

Communicate Directly with Sponsor • Issues Record of Decision

Sponsor’s Role in EIS

• Reviews Consultant Proposals and Provides “Short-List” of Consultants to FAA

• Contracts With and Compensates the Consultant• Enters into a MOU with FAA Concerning Ground Rules• Primary Role Mainly During Scoping• Proposes Projects and Defines Needs• Helps Define Alternatives

Sponsor’s Role in EIS (continued)

• Provides Comments and Other Information• Assists in Public Involvement Process• Maintains Relationships with Local Agencies• Reviews and Comments on DEIS• Responsible for Obtaining Permitting and Approvals• Whatever Information is Provided to Sponsor is Shared

with Public—No longer deliberative!

FAA Does Not Represent Sponsor

• Sponsor Represents Itself• FAA/Sponsor Work Together for Good of the

Airport/System• Sponsor Input is Essential—They Operate the Airport

Consultant Role in NEPA Documentation

• EIS– Contracts with Sponsor, Direction from FAA

– Works with FAA to Draft Scope of Work, NOI, MOA, DEIS, and FEIS

– Works with FAA to Identify Key Issues, Concerns, and Cooperating Agencies

– Works as an Extension of FAA Staff

– Communicates with Sponsor per the MOU

FAA Role in EA• Assists Sponsor in Determining What Level of NEPA

Documentation is Required • Works with Sponsor to Develop EA Scope Before

Sponsor Begins EA Preparation• Helps Sponsor Develop Purpose and Need• Helps Sponsor Develop Reasonable Alternatives• Independently Evaluates the EA for Accuracy,

Compliance with Orders, etc.• Responsible for Tribal Coordination• Leads Special Purpose Laws Coordination• Makes Final Determination of Significance

FAA must independently evaluate and take responsibility for its scope and content.

It becomes an FAA document when signed by the responsible FAA official.

Sponsor’s Role in EA• Responsible for Process Until Submitted for FAA

Acceptance• Selects and Compensates Consultant• Defines Purpose and Need• Defines Alternatives• Lead in Public Involvement and Coordination if FAA is Not

Special Purpose Law Does not Require FAA to do so• Cooperates with FAA on Special Purpose Consultation,

Including Tribal Consultation• Responsible for Early and Continuous Coordination with

FAA

FAA Role in CatEx

• Is it on the Approved List?• Evaluates Information Provided by Sponsor• Make a Determination of Extraordinary Circumstances• Sufficient Coordination• Approves CatEx

Sponsor’s Role in CatEx

• Early Communication with FAA• Requests CatEx and Describes Action• Prepares Documentation if Special Purpose Laws Allow• Assists FAA to Prepare needed Documentation• Submits to FAA—Early and Easy Determination

Consultant Role in NEPA Documentation (continued)

• EA and CatEx– Contracts and Works Directly for Sponsor

– Communicates with FAA

– Supports FAA with Any Tribal or Special Purpose Laws Coordination

– Coordinates with Other Agencies and Public

– Prepares Documentation

Special Purpose Law Agencies

• USFWS, NMFS – Section 7 Consultation under the Endangered Species Act

• USACOE-Section 404 of Clean Water Act• SHPO/THPO-Section 106 of National Historic

Preservation Act and Section 4(f) of Department of Transportation Act, when Appropriate

• NPS/USFWS—Section 4(f) of Department of Transportation Act

• FEMA-Executive Order 11988 (floodplains)• State CZM• Section 401 of Clean Water Act

State Block Grant Program (SBGP)

• Limited to Non-Primary Airports < 10,000 Enplanements• Responsibilities Outlined in FAA Order 5050.4B, Chapter 2• After FAA Distributes Funds, No Longer has any Control,

Therefore, No Federal Action Takes Place for Airport Development Specific Items

• However, FAA has Contracted with SBGP States to Consider the Environmental Effects of their Actions by Meeting State-like NEPA Requirements or NEPA

• Substitute “SBGP Agency Personnel” for “Responsible Federal Official” in Documentation

• Specific Guidance for Dealing with Special Purpose Laws

&Ryk@bd-c.com

Thank You Happy Halloween

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