NEPA/NHPA Process

Mt. Hood National Forest
Administrative Sites Letter
July 14, 1997

IV. NEPA Process

The determination that lands are no longer needed for National Forest purposes is not subject to NEPA, because this is a "finding" rather than a decision to take action. However, once the Forest Service proposes to take an action (sale, exchange, permit, etc.) NEPA requirements are triggered. In many instances, decisions to sell, exchange, special use authorization or memorandum of agreement may be categorically excluded from documentation in an Environmental Assessment (EA) or Environmental Impact Statement (EIS) under the authorities provided in FSH 1909.15, Chapter 30. The exclusion categories which will most often be appropriate include; 31.1b.7 (Sale or exchange of land or interest in land and resources where resulting land uses remain essentially the same); 31.2.3. (Approval, modification, or continuation of minor special uses of National Forest System lands that require less than five acres of land). 31.1b.7 does not require decision memo or analysis file, 31.2.3 does require a decision memo and analysis file.

In the event that the Forest Service proposed action cannot be categorically excluded (because of the presence of extraordinary circumstances as identified in FSH 1909.15, Part 30.3, or because use of the land is expected to change substantially following sale or exchange, or because the special use is not minor or affects more than five acres) documentation would take the form of an EA or EIS with the decision documented in a Decision Notice or Record of Decision.