Broadband Initiatives Program (BIP)

Transcription

1 Broadband Initiatives Program (BIP) Post Award Workshop BIP Environmental Compliance Requirements Dennis Rankin, Environmental Protection Specialist Engineering and Environmental Staff 1

2 RUS is required to comply with: National a Environmental Policy Act Endangered Species Act National Historic Preservation Act, Section 106 (36 CFR Part 800) All of the above and other requirements are integrated into RUS Environmental Policies and Procedures (7 CFR 1794) 2

3 NEPA/ESA/NHPA Separate statutes/regulations t t ti Distinct but all have overlapping requirements Policy of all is to integrate reviews to minimize duplication of effort Actions that are Categorical Exclusions under NEPA not exempt from ESA/NHPA 3

4 R1 BIP Applications Tiered Enviro Review Step 1 Review of BIP application based on merit Step 2 Successful Step 1 applicants complete Environmental Questionnaires Post Award Requirements where applicable

5 Objective of Environmental Questionnaire Screened for completeness Allows determination of the level of NEPA environmental review for proposal Evaluates whether any yproject component creates any extraordinary circumstances Early ID of possible historic preservation issues Enables assessment of significance of issues Supports decision-making about post award needs NOT meant to initiate Section 106 review. 5

6 Post Award Requirements NEPA Due to ARRA time constraints only proposals that were classified as Categorical Exclusions received awards Section 106 Review conducted post-award (normally must be completed before obligation of federal funds) Authorized by Nationwide Programmatic Agreement (executed November 2009) Allows completion of review prior to construction All tribal notifications thru FCC s TCNS RUS determined actions that need post-award review based on EQ 6

7 Federal Agency Roles and Responsibilities Legally responsible for compliance requirements including all consultation processes Decisions regarding effects to any environmental resources/historic properties Completing with the awardee s assistance the environmental review process 7

8 Awardee Responsibilities If necessary consult early with RUS environmental staff If requested by RUS conduct any necessary studies or provide additional information (e.g., maps) Assist RUS in consulting with regulatory agencies, SHPO, THPO or tribes Prepare and submit the results of follow-on information Do not start construction until authorized by RUS 8

9 Challenges Timing Initiate Construction within 180 days Substantially complete within 2 years Complete with 3 years Not all BIP awardees were able to identify all of the locations of project components in Environmental Questionnaire 9

10 Section 106 Review for Telecomm Towers Review process depends on whether tower is using spectrum licensed by FCC FCC regulated action FCC conducts Section 106 review Consistent with the Program Comment executed in November 2009 Not FCC regulated RUS conducted Section 106 process Effects ground disturbance and impact to setting May conclude review with Programmatic Agreement 10

11 Section 106 Review for Buried Fiber Optic Cable RUS considers impacts to be minimal Review conducted as due diligence for sensitive archeological sites, i.e., burial mounds Conclude review with a: Finding of effect (no historic properties affected or no adverse effect); or Programmatic Agreement Choice depends on project scope, recommendation of SHPO, or tribal concerns 11

12 Section 106 Programmatic Agreement (PA) Legal agreement between RUS and the State Historic Preservation Office (SHPO) Not appropriate for all projects Allows for phasing of construction ti and Section 106 review Formally concludes Section 106 review process Enables the 180-day deadline for the start of construction to be met 12

13 Endangered Species Act, Section 7 Reviews RUS formally designated all ARRA BIP applicants as non-federal representatives ti to expedite informal consultations with USFWS EQ required a list of Threatened and Endangered Species from USFWS If locations of project components were identified RUS with provided list could make determinations If project locations were not determined in EQ awardees need to work with USFWS 13

14 Endangered Species Act, Section 7 Reviews If RUS notifies awardees a that further consultation o with USFWS is necessary awardees must: Prepare project map to delineate and locate all project components Contact USFWS local Ecological Service Offices Identify yourselves as non-fed reps for RUS BIP projects 14

15 Endangered Species Act, Section 7 Reviews USFWS will assist BIP awardees with: Providing T&E Species list Technical assistance to determine any effects Submit all information to RUS so we can make a determination and conclude the review process. 15

16 Questions? Contact Information 16