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BOEM <br /> National Environmental Policy Act(NEPA)Substitution for Section 106 Consulting Party Guide <br /> Updated August 4, 2021 <br /> I. Introduction <br /> The regulations at 36 Code of Federal Regulations(CFR) §800.8 provide for use of the National <br /> Environmental Policy Act(NEPA) process to fulfill a Federal agency's National Historic Preservation Act <br /> (NHPA)Section 106 review obligations in lieu of the procedures set forth in 36 CFR§800.3 through <br /> 800.6.This process is commonly known as"NEPA substitution for Section 106" and the Bureau of Ocean <br /> Energy Management(BOEM) plans to use the process and documentation required for the preparation <br /> of an Environmental Impact Statements(EIS) and Record of Decision(ROD)to comply with Section 106 <br /> on all future offshore wind project Construction and Operations Plans(COPS)for which you may be <br /> invited to participate as a Consulting Party. <br /> This document is intended to act as a guide for Consulting Parties on the "NEPA substitution for Section <br /> 106" process to aid understanding of how this process works, how it compares to BOEM's traditional <br /> Section 106 process approach,and where in BOEM's NEPA substitution process you will be involved. <br /> More information regarding integration of NEPA and Section 106 reviews can be found at: <br /> II. Why is BOEM implementing a NEPA substitution process? <br /> BOEM is using the NEPA substitution process under 36 CFR§800.8(c) as part of a multi-faceted <br /> approach to meet the Office of Renewable Energy Program's needs. With a large number of COPS <br /> submitted for BOEM's review,there is an increased need for streamlining and efficiency in the NEPA <br /> process. In addition to efficiency, BOEM anticipates several other benefits from implementing the NEPA <br /> substitution process for its Section 106 review of COPS, including the following: <br /> • Earlier and more direct input from Consulting Parties into the development and selection of <br /> alternatives and avoidance, minimization, or mitigation measures. <br /> • Better integration of comments and responses,especially concerning natural and cultural <br /> resources, historic properties,visual effects, environmental justice issues,and traditional <br /> cultural practices. <br /> • Providing a more holistic and meaningful approach to government-to-government consultation <br /> with Indian Tribes, as defined at 36 CFR § 800.16(m). <br /> Ill. What are the major differences between the standard Section 106 and the"NEPA substitution <br /> for Section 106"approaches? <br /> The key differences between the standard approach for Section 106 as set out in 36 CFR§800.3 through <br /> 800.6 and how BOEM will comply with the 36 CFR §800.8(c)approach for Section 106 review of COPS <br /> include the following: <br /> • BOEM will seek formal consultation earlier,during significant NEPA milestones(at scoping and <br /> after publication of the Draft EIS); parties may comment throughout the development of the EIS. <br /> • The identification of historic properties,finding of effects,and resolution of adverse effects will <br /> be documented in the Draft and Final EIS rather than in a separate Section 106 Finding <br /> Page 1 of 4 <br />