- What is NEPA?
- What is an Environmental Impact Statement?
- Notice of Intent
- What are the stages of an EIS?
- How can I be involved in the process?
- Learn more
Environmental review is a major phase of project planning. We take a good hard look at the project alternatives and assess their benefits and impacts. We gather input from the public, agencies and others who have a stake in the project.
The goal of the process is to gather the information we need to make an informed decision. It guides us in deciding which alternative to build and how to build it. Which alternatives we review and how we evaluate them are greatly influenced by what we hear from the community.
During environmental review, we prepare more detailed concepts of the short list of alternatives. We look at how each alternative would affect social, cultural, built and natural resources. We also look at cost, ease of building, ability to survive an earthquake and other factors.
As part of the process, we will prepare an Environmental Impact Statement, or EIS. This is required by the National Environmental Policy Act, or NEPA.
NEPA refers to a federal law called the National Environmental Policy Act. It is the basis of federal environmental policy. It applies to all federal agencies and their actions, including permitting, funding and building projects. NEPA sets a standard for how these agencies study and report environmental effects. It also defines how they involve the public in decision-making before taking action.
NEPA requires all federal agencies to take a thorough look at how their potential actions would affect the human and natural environment. This includes evaluating and ensuring compliance with other laws and regulations, such as the Clean Water Act and the National Historic Preservation Act.
There are currently no federal funds in the Earthquake Ready Burnside Bridge project. However, we must follow NEPA in order to be eligible for federal funding for design and construction. As the project sponsor, Multnomah County is a co-lead agency with the Federal Highway Administration (FHWA) and the Oregon Department of Transportation (ODOT).
An Environmental Impact Statement (EIS) is a document required by NEPA. It describes the environmental effects of a proposed action and one or more alternatives. It is meant as a tool to assist in decision-making. It is required for any federal action that is expected to have significant environmental impacts or if there is significant public controversy.
First a Draft EIS is prepared, including selection of a preferred alternative. Following public comment, a Final EIS refines and updates the draft. Finally, a Record of Decision (ROD) by the Federal Highway Administration (FHWA) makes a formal decision on which alternative to build. For this project, the ROD will be published along with the Final EIS.
Because we will be seeking federal highway funding, the lead agency for this EIS will be the FHWA.
As part of the NEPA process, the Federal Highway Administration requires the project team to issue a ‘Notice of Intent’ (NOI). This is a formal announcement that an EIS is being prepared and an opportunity for the public to share input about what is being studied.
The NOI was published in the Federal Register on April 14, 2020, starting a 30-day comment period for the public to share comments about what should be studied, including the Purpose and Need, Range of Alternatives and Topics of Study. The public comment period has ended.
Establish the basic purpose and need of the proposed action
Identify and screen the alternatives that would best address the purpose and need
Identify the potential environmental impacts that need to be evaluated
Identify stakeholders who will be interested in the proposed action and its impacts
Multnomah County and FHWA have been implementing a Planning and Environmental Linkages (PEL) strategy that includes conducting “early scoping” over the past three years. This strategy has included engaging the public and agencies in developing the draft purpose and need statement, identifying and screening alternatives and identifying topics to be studied in the Draft EIS. The formal scoping process provides a final opportunity for input on these topics before the team starts preparing the Draft EIS.
Study the environmental impacts of the alternatives
Identify ways to minimize the impacts
Evaluate and demonstrate how the action will comply with other environmental regulations
Compare and contrast the alternatives
Document the analysis in a Draft EIS and invite public input
- Based on analysis and input, the agency identifies which alternative is the most promising, and requests public input
- The project’s Community Task Force will be recommending a preferred alternative in June 2020, and the public and agencies will have the opportunity to review and provide input on the recommended preferred alternative during the summer of 2020. The public and agencies will also be able to provide formal comments once the Draft EIS is published in January 2021 during a 60 day comment period.
Those affected by the project can provide input in writing or at public hearings
Respond to public input
Refine and update the alternatives and analysis as appropriate
Publish the Final EIS
Record of Decision (ROD)
Documents the federal lead agency decision regarding which alternative to advance beyond the NEPA phase
Includes commitments to mitigation measures
Demonstrates compliance with other federal environmental regulations
Can be simultaneous with the Final EIS
After the ROD
Waiting period, during which legal challenges to the ROD may be filed
After the waiting period, begin acquiring funding, permits and approvals, begin final design
The public and various agencies will be involved throughout the process. There will be public meetings and other ways to comment.
The phases where public input is most crucial are early scoping (complete), formal scoping (complete), identification of a preferred alternative and review of the Draft EIS.
In summer 2020, we will share results of the study and seek community input on a recommended preferred alternative. Subsequently, we’ll publish the Draft EIS by January 2021.
The Final EIS and the Record of Decision are expected by fall of 2021.