Laserfiche WebLink
B EM <br /> National Environmental Policy Act(NEPA)Substitution for Section 106 Consulting Party Guide <br /> Updated August 4,2021 <br /> IV. How will BOEM meet the requirements of 36 CFR§800.8(c)under the"NEPA substitution for <br /> Section 106"process? <br /> As provided in 36 CFR §800.8(c),four standards must be met: <br /> 1. The first standard is to identify Consultin Parties and invite them to participate in the process. <br /> Under the "NEPA substitution for Section 106" process, BOEM will identify Consulting Parties <br /> for each project pursuant to 36 CFR§800.3(f) prior to or with issuance of its Notice of Intent <br /> (NO1)to prepare an EIS. During the NEPA scoping period BOEM will send a formal letter to these <br /> parties inviting them to participate in the process.These letters will also state that BOEM <br /> intends to use the NEPA process for Section 106 purposes as laid out in 36 C.F.R. §800.8(c)to <br /> comply with Section 106 in lieu of 36 CFR§800.3 through §800.8. <br /> 2. The second standard is to identify historic properties and assess the effects of the undertakin <br /> in a manner consistent with 36 CFR§800.4 through §800.5. Under NEPA substitution,the Draft <br /> EIS will identify historic properties and assess the effects of the undertaking using the lessee's <br /> cultural resources reports from the COP as well as Consulting Party and public input provided <br /> during the scoping period. BOEM's regulations require that lessees include in their COPS <br /> information about historic properties, any adverse effects from their project on these historic <br /> properties, and how they propose to resolve those adverse effects (through avoidance, <br /> minimization,and mitigation measures).This information will be sent to Consulting Parties with <br /> the Draft EIS for their review,so that final measures may be developed in consultation.The <br /> Final EIS will reflect continued consultations,as well as Consulting Party comments received on <br /> the Draft EIS. <br /> 3. The third standard is to consult with Consulting Parties during NEPA-scoping, environmental <br /> analysis, and preparation of the EIS,regarcring the effects of the undertaking on historic <br /> properties. Under the "NEPA substitution for Section 106" process as laid out in 36 CFR § <br /> 800.8(c),formal consultation will occur during the scoping period as well as during the public <br /> comment period after publication of the Draft EIS. However,Consulting Party comments will be <br /> accepted at any point during the preparation of the EIS.Additionally, if necessary,Section 106- <br /> specific consultation meetings with Consulting Parties can be arranged.Comments submitted <br /> by Consulting Parties during NEPA comment periods will help inform the effects analysis for <br /> historic properties in the Draft and Final EIS. <br /> 4. The fourth standard is to involve the public in accordance with BOEM's NEPA procedures and <br /> develop alternatives and proposed avoidance mitigation, and minimization measures in <br /> consultation with Consulting Parties. Proposed measures to avoid, minimize,or mitigate any <br /> adverse effects on historic properties will be first presented in the lessee's COP,which <br /> Consulting Parties will be able to review, as well as through consultation with Consulting Parties <br /> during scoping and the Draft EIS comment period.These measures will be further developed <br /> and refined in consultation, and those changes will be reflected in the Draft and Final EIS. Public <br /> involvement will take place during the NEPA comment periods and through standard public <br /> participation practices for the NEPA process, including posting of relevant information on <br /> BOEM's website and through Federal Register notices. <br /> Page 3 of 4 <br />