The formal threshold for requiring an EIS under NEPA is, '....cause an adverse environmental impact', while the threshold under SEQR is, '....cause an adverse environmental impact'.
Furthermore, under SEQR, the requirement to require avoidance or mitigation of identified impacts via the Findings after a Final EIS is included within the statute. Can decisions by New York State and local agencies be subject to NEPA review?
The Federal NEPA compliance checklist [gov/forms/3-2185.pdf] can be valuable in such coordinated efforts. Are there any pitfalls to avoid if using a SEQR EAF and EIS to satisfy NEPA review requirements?
There are several procedural differences that must be accommodated when using a SEQR EAF and EIS to satisfy NEPA review requirements: 12.
Clean Water Revolving Fund, state and local highway assistance, or Community Development Block Grants) are subject to NEPA. What responsibilities do state and local agencies have under SEQR when a project is subject to NEPA review?See 617.15 (link leaves DEC website.) A decision by a federal agency that a project or program is categorically excluded from NEPA review does not eliminate the responsibility of state and local agencies to appropriately classify and, if necessary, review the project or program under SEQR. If an action has been the subject of a Draft and Final EIS under NEPA, are state and local agencies obligated to prepare a separate EIS under SEQR? As discussed in 617.15, if an action has been the subject of a draft and final EIS under NEPA, state and local agencies have no obligation to prepare a separate EIS under SEQR, as long as the federal Final EIS provides sufficient information for those state and local agencies to make SEQR findings.When one or more state or local agencies are using a federal Final EIS as the basis for SEQR findings, each involved agency must issue its own SEQR Findings based on the federal Final EIS before issuing its own decision on funding, approving or undertaking the action. Does a Finding of No Significant Impact (FONSI) under NEPA automatically constitute compliance with SEQR? A FONSI under NEPA does not automatically constitute compliance with SEQR.Tx DOT works with the Federal Highway Administration (FHWA) and other federal agencies to comply with the National Environmental Policy Act (NEPA) and uses the Tx DOT environmental compliance process for state and local projects, where Tx DOT is the state approval authority.Environmental practitioners can use these tools to meet the standards required by Tx DOT policy to comply with FHWA NEPA compliance procedures and Title 43, Chapter 2 of the Texas Administrative Code. Contact the Environmental Affairs Project Delivery Section at (512) 416-2763.Can a NEPA EIS be used, without modification or change, as a SEQR EIS? A NEPA EIS often requires supplemental information before it can be used to satisfy SEQR. Can a federal environmental assessment (EA) be accepted as a draft EIS under SEQR? Many federal EAs can be accepted as a draft EIS under SEQR because they provide as thorough a review as a draft EIS under SEQR.