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