Does the EIS lead to a ROD based on deferred Section 106 review?
Does the EIS say that whatever impacts may occur on historic properties will be taken care of in subsequent Section 106 review, and leave it at that? This means that for all practical purposes, impacts on historic properties aren’t even considered in deciding on the environmentally preferable alternative, or in making a decision about which alternative to select. This is contrary to the intent of NEPA, and it results in last-minute, difficult-to-resolve conflicts between projects and historic properties. The DEIS should document completion of at least scoping, identification, and initial effect determination under Section 106. If adverse effects are identified, the DEIS should also spell out how the agency thinks they should be mitigated, subject to completion of Section 106 consultation. Section 106 consultation should be completed before the FEIS is issued, with the resulting Memorandum of Agreement or conditional no adverse effect determination included the FEIS and/or referenced in
