Schedule and Process
To facilitate the public review and decision-making processes, required documentation for this project is being combined into a single Section 203 Feasibility Study and accompanying Environmental Impact Statement (EIS). The overall purpose of this documentation is to determine whether the Study (channel modification project) complies with Federal laws and regulations applicable to feasibility studies for navigation projects and whether it should be recommended to Congress for authorization.
The purpose of the Section 203 Feasibility Study is to determine whether a Federal interest exists in implementing channel modifications proposed by POCB. Under Section 203 of the Water Resources Development Act of 1986: "A non-Federal interest may on its own undertake a feasibility study of a proposed harbor or inland harbor project and submit it to the Secretary [of the Army]." Up to one-half (50%) of the costs of the non-Federal feasibility study may later be eligible for credit toward POCB’s share of project construction costs if the project is subsequently authorized and constructed.
The images below depict how the feasibility study fits into the typical Corps project development process and the steps in the feasibility phase of the Corps’ process.
Section 203 Timeline
Click image to enlarge.
Section 203 Feasibility Phase
Pursuant to requirements of the National Environmental Policy Act (NEPA), the Corps has determined that an EIS is necessary to assess the potential impacts of the POCB proposal and alternatives to that proposal. Through a Memorandum of Understanding, the EIS will be prepared by an outside consultant under the direction of the Corps. With the Corps’ concurrence, POCB selected David Evans and Associates of Portland, Oregon to be the prime consultant for preparation of the EIS.
The NEPA process is intended to ensure that environmental information is available to public officials and citizens before decisions are made and actions are taken. The purpose of the EIS is to document the environmental, social and economic consequences of constructing the proposed channel modifications and related non-Federal actions. The EIS will:
- Provide site-specific environmental analysis for proposed facilities and activities and reasonable alternatives to the Port's proposal;
- Describe, analyze and disclose the various biological, physical, social and economic impacts that proposed facilities and activities and alternatives would generate;
- Identify, where possible, the long-term impacts and secondary effects of the proposal and alternatives;
- Indicate possible mitigating measures which may be used to avoid or reduce impacts; and
- Provide a comprehensive, reliable document for review and evaluation by interested public agencies, groups and individuals and for use as a basis for decision-making.
While POCB’s proposal is the basis for initiating the NEPA process, the EIS will identify and objectively evaluate a reasonable range of alternatives, including a no action alternative. The Port's proposal has been identified as the proposed action. The range of alternatives to be analyzed will be determined based upon public and agency scoping. A preferred alternative, however, will not be documented by the Corps (as lead Federal agency) until completion of the environmental analysis. NEPA defines a preferred alternative as the alternative which the agency believes would fulfill its statutory mission and responsibilities, giving consideration to economic, environmental, technical and other factors.
The first step in the FS/EIS process is scoping. Scoping is the process to determine the scope of the environmental analysis to be conducted. It is used early in the NEPA process to identify: (1) issues to be addressed; (2) the depth of analysis; (3) alternatives to the proposed action; and (4) potential positive and negative impacts of the proposed action.
The scoping process begins with publication in the Federal Register of a Notice of Intent to prepare an FS/EIS. A 30-day scoping period concluded on February 15, 2008. A Scoping Report that summarizes the scoping process and results will be issued at the conclusion of the scoping period.
Comments received during scoping will be considered during preparation of a Draft FS/EIS. The Draft FS/EIS is expected to be available for public review in March 2009. A 45-day public comment period will be provided when the document is released for public review by the ACOE. Comments received on the Draft FS/EIS will be considered in the preparation of a Final FS/EIS, which is tentatively scheduled for completion in Summer 2009.
The FS/EIS process is illustrated below.
