NEPA Questions Frequently asked by Licensees

The following are questions the Commercial Wireless Division frequently receives concerning NEPA and EA preparation. The Q&As will be updated regularly as more information becomes available. Please contact the Commercial Wireless Division at 202-418-0620 for additional questions you may have on this topic.

Q. Is it necessary to hire outside environmental consultants, scientists, archaeologists or historians to comply with these rules?

A. Nothing in the Commission's Rules require that you hire these outside specialists, although it may be easier and more cost effective in the long run to let such experts assist you in handling this area of compliance.

Q. Which government agency or office can assist us in determining whether or not a proposed construction may require an environmental assessment (EA) under section 1.1307?

A. Because the Commission is not an expert agency on environmental matters, in evaluating our licensees' environmental assessments prepared and filed pursuant to NEPA, we defer to the opinions or judgments of other agencies with expertise over a particular subject matter. These agencies can also assist you in determining whether your proposed construction may affect the areas over which the agency has jurisdiction, and they can offer suggestions on how to mitigate any impact upon the area. The federal and certain state agencies with expertise and jurisdiction over each of the categories in section 1.1307 are as follows:

• Wilderness Area: U.S. Department of Interior
• Wildlife Preserve: U.S. Department of Interior
• Endangered Species: U.S. Department of Interior, Fish and Wildlife Service
• Historic Site: Advisory Council on Historic Preservation, State Historic Preservation Office
• Indian Religious Site: American Indian Tribes, State Historic Preservation Office
• Floodplain: Federal Emergency Management Agency
• Surface Features: U.S. Army Corp of Engineers
• High Intensity Lights in Residential Neighborhoods: Federal Aviation Administration
• Excessive Radiofrequency Emission: Federal Communications Commission's Office of Engineering and Technology

Q. Should any state or local government agency also be contacted to determine the environmental effects of a situation listed under section 1.1307?

A. Yes. You should always contact any and all state and local government offices with responsibility over the effected area, as some of these offices share jurisdiction over the area with a federal agency. In addition, some states have environmental laws and regulations which may be more stringent than federal standards, and you must comply with all relevant laws in addition to the Commission's NEPA rules.

Q. What is an EA? What does it look like? How long should it be? How can we obtain a sample of a good EA?

A. An EA is a document which, among other purposes, serves to assist the Bureau staff understand the environmental effects of the licensee's proposed construction. Thus the document should contain all relevant information necessary for the Bureau staff to make a determination on the extent of negative impact the construction may have upon the area. Rule section 1.1311 details what should be included in an EA. It is always helpful to include as attachments, copies of all relevant correspondence with and permits or authorizations issued by the local or state officials concerning the proposed project. As publicly filed documents, all EAs are available to the public at the Bureau's Public Reference Room, located at FCC Headquarters, Room CY-A257, 445 12th Street SW, Washington, DC 20554. For more information, you may contact the Reference Room at (202) 418-0270, Monday through Thursday from 8:00-4:30PM EST and Friday from 8:00-11:30AM EST.

Q. Should the EA address all the categories even if only one or two of those listed categories are actually effected?

A. Yes. The EA should be comprehensive in its analysis by discussing the reasons why a particular category is effected as well as the reasons why other categories are not effected by the proposed action. The substantial portion of the analysis, of course, should address the categories which are effected by the proposed construction.

Q. What is a "floodplain" referred to in section 1.1307(a)(6)? Is there a difference between a 100-year and a 500-year floodplain?

A. According to Executive Order 11988 referred to in section 1.1307(a)(6), a floodplain is defined as the "lowland and relatively flat area adjoining inland and coastal waters . . . including at a minimum, that area subject to a one percent or greater chance of flooding in any given year." This definition is often referred to as a "100-year floodplain."

The Federal Emergency Management Agency (FEMA) is the administrator of the National Flood Insurance Program, and the federal agency having lead responsibility for flood hazard assessment and mitigation. FEMA has adopted the 100-year floodplain as the base flood standard for NFIP as that agency is mainly concerned with construction which could potentially harm a 100-year floodplain, rather than a 500-year floodplain, which is an area that has a 0.2 percent chance of a flood in a year. However, FEMA is also concerned with any construction in a 500-year floodplain if the proposed project is considered a "critical action." A "critical action" is defined as any activity for which even a slight chance of flooding is too great. Relying upon FEMA's guidelines, this office understands the term "floodplain" as used in Section 1.1307(a)(6) to refer to either a 100-year floodplain, or a 500year floodplain subject to "critical action" characterization. However, to fully understand these terms and concepts, it is advised that you review FEMA's Further Advice on Executive Order 11988 Floodplain Management, and the U.S. Water Resources Council's Floodplain Management Guidelines for Implementing E.O. 11988, published on February 10, 1978, at page 6030 of volume 43 of the Federal Register.

Q. Since the Commission issued its NEPA Rules in 1986 with certain amendments thereafter, are the structures built prior to 1986 exempt from compliance, or must the existing structures be re-evaluated now for environmental compliance?

A. NEPA is a federal policy directive aimed at producing quality agency decisions that take into consideration environmental consequences. NEPA does not set a time frame in which to come into compliance with the law as environmental problems can change with time. Thus, even if you have never filed an EA on a structure because it was constructed prior to 1986, you are required to come into compliance now, under the environmental conditions of the structure as it exists today. Keep in mind, however, that coming into compliance with the NEPA Rules may not require you to file an EA if the conditions under which your structure stands today does not involve any of the categories listed in 1.1307. It simply requires you to conduct a field investigation on the structure to be sure that no negative environmental problems exist today.

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Last reviewed/updated on 3/05/2006.