Biological Assessment (BA)

According to the USFS  Manual (Chapter 2670 - Threatened, Endangered, and Sensitive Plants and Animals), a BA is, “A “biological evaluation” conducted for major Federal construction projects requiring an environmental impact statement, in accordance with legal requirements under section 7 of the Endangered Species Act (ESA) (16 U.S.C. 1536(c)).  The purpose of the assessment and resulting document is to determine whether the proposed action is likely to affect an endangered, threatened, or proposed species.”

BAs are developed to assess probable impacts of USFS projects to Federally listed species, while biological evaluations (BEs) are developed to assess impacts of USFS projects to USFS designated sensitive species.  When members of the public request USFS EAs or EISs for a project they should always request the associated BAs and/or BEs because these are often treated as appendices and not routinely provided to the public during public comment periods.

The California Environmental Quality Act of 1970 was enacted to help protect environmental quality in California.  The four primary objectives of CEQA are:

1. Disclosure of significant impacts to the environment.
2. Identify mechanisms to reduce or avoid significant negative impacts.
3. Require implementation of feasible alternatives or mitigation measures.
4. Provide agency rationale for approval of projects with significant negative impacts.
5. Enhance inter-agency cooperation
6. Facilitate public participation in the process  

According to the USFS  Manual (Chapter 1950 - Environmental Policy and Procedures), a Decision Notice is, "A concise written record of the responsible official's decision based on an environmental assessment and a finding of no significant impact (sec. 43.2).”

A DN  is one of several documents for recording and disclosing to the public a decision of the responsible forest officer.  A DN is used for proposals that are documented in an EA, and for which a FONSI has been made.  Often the DN and FONSI are combined in one document.  After a DN is issued, the public may appeal the decision. For actions that are categorically excluded from full NEPA analysis in an EA or EIS, a decision memo rather than a decision notice is issued upon a finding of no significant impact.

According to the USFS  Manual (Chapter 1950 - Environmental Policy and Procedures), an Environmental Assessment is, "... (a) . . . a concise public document for which a Federal agency is responsible that serves to: (1) Briefly provide sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact. (2) Aid an agency's compliance with the Act when no environmental impact statement is necessary. (3) Facilitate preparation of a statement when one is necessary. (b) Shall include brief discussions of the need for the proposal, of alternatives as required by section 102(2)(E), of the environmental impacts of the proposed action and alternatives, and a listing of agencies and persons consulted. (40 CFR 1508.9)”

An EA is a concise public document that provides evidence and analysis for determining the extent of environmental effects or consequences of a proposed action and alternative actions.  It aides in determining whether to prepare an EIS or a FONSI.  An EA must contain analysis of alternative courses of action and their environmental impacts.  Unlike EISs, there is no requirement that draft EAs must be released for public review and comment.  However, as a matter of practice the USFS generally allows a 30 day pre-decisional review period.  The USFS however is not required to respond to comments on EAs as it is on EISs.

According to The Council on Environmental Quality, NEPA regulations 40 CFR 1500-8, “1502.1 Purpose. The primary purpose of an Environmental Impact Statement is to serve as an action-forcing device to insure that the policies and goals defined in the [National Environmental Policy] Act are infused into the ongoing programs and actions of the Federal Government. It shall provide full and fair discussion of significant environmental impacts and shall inform decision makers and the public of the reasonable alternatives which would avoid or minimize adverse impacts or enhance the quality of the human environment. …. It shall be used by Federal officials in conjunction with other relevant material to plan actions and make decisions.”

An EIS is a detailed written statement that documents the proposed action, alternatives to the proposed action, the characteristics of the environment that is potentially affected by the proposed action, and the environmental consequences of implementing each alternative.  An EIS follows a prescribed outline and includes a list of those who prepared and consulted in its preparation.  Public review of a draft EIS is required before the final EIS is prepared.  An EIS must meet more precise requirements for the range of alternatives analyzed and the quality of scientific information included than EAs. EISs also mandate greater public input than EAs.