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B EM <br /> National Environmental Policy Act(NEPA)Substitution for Section 106 Consulting Party Guide <br /> Updated August 4, 2021 <br /> document. BOEM will provide the reports documenting the identification of historic properties <br /> along with the Draft EIS.These include: <br /> o the Marine Archaeological Resources Assessment, <br /> o the Terrestrial Archaeological Resources Assessment,and <br /> o the Report of Visual Effects on Historic Properties,along with viewshed analyses and <br /> visual simulations. <br /> • Resolution of adverse effects may be documented in a binding ROD and as conditions of COP <br /> approval.This differs from the standard Section 106 process in which a Memorandum of <br /> Agreement(MOA) is developed to resolve adverse effects.The combination of BOEM's binding <br /> ROD and application of conditions of COP approval provide effective and equivalent legal <br /> requirements on itself and on the lessee. <br /> • BOEM's government-to-government consultation responsibilities to Federally recognized tribes <br /> remain unchanged and efforts to consult with tribes are likely to expand under NEPA <br /> substitution. <br /> Below,the graphic on the left illustrates the standard approach to NEPA and NHPA Section 106 review, <br /> showing the major milestones in each process when executed in parallel.The graphic on the right shows <br /> the"NEPA substitution for Section 106"approach,and how these milestones will be combined. <br /> Standard Section 106 Process "NEPA Substitution for Section 106"Process <br /> Significant Environmental Si g nifi cant Environmental Effects May or Will Occur <br /> Effects May <br /> v!c, <br /> o .. <br /> or Occur <br /> Notice of - <br /> W m® Public Scoping and Public <br /> Involvement <br /> S <br /> Public Review and Comment <br /> and Public involvement <br /> Public Availability <br /> Public Availability <br /> F <br /> ^W <br /> w aa!41 ®! •e and Conditions of COP <br /> Approval <br /> Page 2 of 4 <br />