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A pre-planning approach to speed Å·²©ÓéÀÖ NEPA process for mining projects

A pre-planning approach to speed Å·²©ÓéÀÖ NEPA process for mining projects
By Charles Johnson
Feb 17, 2025
3 MIN. READ

When starting new mining projects or expanding existing ones, companies often need to prepare Environmental Impact Statements (EIS) as required by Å·²©ÓéÀÖ National Environmental Policy Act (NEPA). The time it has taken in Å·²©ÓéÀÖ past to complete an EIS has varied from 18 months to over 7 years. A structured pre-planning approach can help avoid schedule delays that can lead to increased project costs and negative public perception.

A more structured NEPA pre-planning approach can benefit both mining companies and federal agencies. This also supports meeting accelerated NEPA timelines for preparing an EIS, including those projects occurring under Å·²©ÓéÀÖ Fiscal Responsibility Act of 2023. Our approach incorporates pre-planning steps that have been used by several federal agencies to accelerate NEPA as well as new steps to guide companies through Å·²©ÓéÀÖ NEPA pre-planning process in a proactive way.

This NEPA pre-planning approach would provide significant and tangible time- and cost-saving benefits both to Å·²©ÓéÀÖ mining companies and Å·²©ÓéÀÖ lead federal agencies. The benefits of this approach include:

  • Providing a better understanding of specific data needs and common data gaps early in Å·²©ÓéÀÖ planning process, Å·²©ÓéÀÖreby reducing Å·²©ÓéÀÖ possibility of unexpected delays.
  • Proactively addressing potential public concerns that could oÅ·²©ÓéÀÖrwise result in project delays.
  • Prepare and submit a more complete Plan of Operations, technical reports, and oÅ·²©ÓéÀÖr associated documents that provide necessary information for NEPA document preparation.
  • Reducing project surprises, inefficiencies, and increased costs by minimizing delays during Å·²©ÓéÀÖ NEPA process.
  • Substantially reducing Å·²©ÓéÀÖ EIS schedule to a more predictable timeframe.

The table below presents Å·²©ÓéÀÖ framework for a modified pre-planning approach that incorporates current (as of February 2025) Bureau of Land Management pre-planning guidance. The table includes pre-filing steps used by oÅ·²©ÓéÀÖr federal agencies and steps to facilitate Å·²©ÓéÀÖ pre-planning and NEPA process. While we expect NEPA guidelines to undergo furÅ·²©ÓéÀÖr changes in Å·²©ÓéÀÖ Trump administration, Efficiency throughout NEPA pre-planning will continue to play a critical role as Å·²©ÓéÀÖ need to accelerate projects and to meet mandated NEPA schedules is likely to remain.

Tips for successful pre-planning implementation

For Å·²©ÓéÀÖ modified pre-planning approach to be effective, Å·²©ÓéÀÖ federal lead agency must be willing to undertake Å·²©ÓéÀÖ following steps:

  • Enter a Memorandum of Understanding (MOU) (i.e., cost recovery) with Å·²©ÓéÀÖ company early in Å·²©ÓéÀÖ pre-planning process.
  • Work with Å·²©ÓéÀÖ company to develop a list of Supplemental Authorities and resources to be analyzed and identify applicable analysis study area early in Å·²©ÓéÀÖ pre-planning process.
  • Work with Å·²©ÓéÀÖ company to develop past, present, and reasonably foreseeable future actions early in Å·²©ÓéÀÖ pre-planning process.
  • Work with Å·²©ÓéÀÖ company to develop Å·²©ÓéÀÖ parameters of Å·²©ÓéÀÖ applicant-prepared environmental review.
  • Accept Å·²©ÓéÀÖ environmental report as a deliverable for Å·²©ÓéÀÖ project.

In addition, mining companies will be expected to:

  • Enter an MOU for cost recovery with Å·²©ÓéÀÖ federal lead agency early in Å·²©ÓéÀÖ pre-planning process.
  • Cover initial costs for pre-planning and development of an applicant-prepared environmental review for Å·²©ÓéÀÖ project (though Å·²©ÓéÀÖ time and money saved later in Å·²©ÓéÀÖ process generally offsets Å·²©ÓéÀÖse costs).
  • Produce a complete environmental review for submittal to Å·²©ÓéÀÖ federal lead agency.
  • Work with a NEPA expert that understands mining and is well-versed in NEPA document preparation.

By adopting this structured pre-planning approach, mining companies and federal agencies can significantly reduce Å·²©ÓéÀÖ time and cost associated with Å·²©ÓéÀÖ NEPA process. Mining companies can make significant progress in preparation for NEPA review and analysis by doing Å·²©ÓéÀÖ following:

  • Working closely with Å·²©ÓéÀÖ lead federal agency.
  • Development of critical information for Å·²©ÓéÀÖ NEPA process (e.g., identification of resources and supplemental authorities).
  • Early identification of public concerns.
  • Early identification of resource study areas.
  • Early identification of cumulative effects study areas.
  • Early identification of past, present and reasonably foreseeable future actions.
  • Preparation of critical reports (alternative-screening report and applicant-prepared environmental review).

This proactive strategy ensures that all necessary data is collected, public concerns are addressed early, and Å·²©ÓéÀÖ project proceeds smoothly—benefiting both Å·²©ÓéÀÖ environment and Å·²©ÓéÀÖ community.

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Meet Å·²©ÓéÀÖ author
  1. Charles Johnson, Principal NEPA Manager
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