Environmental Impact Statement Regulations (Chapter 2401-61)

CHAPTER 2401-61 ENVIRONMENTAL IMPACT STATEMENT REGULATIONS 2401·61-0l 2401-61-02 2401-61-03 2401-61•04 2401-61-05 2401-61-06 2401-61-07 2401-{,l-08 2401-61-09 2401-61·10 2401-Gl-11 2401-61· 12 2401-61-11 2401-61-14 2401-61-13 2401·61-16 2401-61-17 2401-61-18 2401-61-19 2401-61-20 2401-61-21 2401-61-22 2401-61-23 2401-61-24 2401-61-25 2401 51-26 GENERAL PROY1sror-:s Purpose and Authority Deflnilions ENVIRONMENTAL AS5£5SMENT (fA) PROCESS Applicability f:xempt Classes or Action Contents of EA Sign,ificance Criteria Notice of Determination ENVIRONMENTAL IMPACT STATEMENT (EIS) PROCESS Preparation of Dr~fl and Final EIS Con;•Jltation Prior IO Filing EIS. Full D,sdosure ,;1 :rr,nacts and Alternatives Req11ired ReimbursemP"1 oi · Fees; Independent Preparer Required Cont'!fll Re<Juire;;,ent<; Draft EIS Contenr R~qui1ements; Final EIS EIS Style F1UNG AND D1srnmt:T!ON OF FINAL AND DRAFf EIS ~iling of EIS Ois~:ibut1on Public Review and Con :iment Accept<1billty $Ul'PLEJ-,,,NTAL STAT~"IENTS General DeteITTli,,aticn of Applicability Contents Procedures PUBLIC NOTICE AND IMPACT FEES Public Notir.; and Records Environmental lrnflact ,"ees MIS-CE! lANffiiJ'J ?RO ,i510NS Sever;,bi;ity 8.er..ealer GENERAL PROVISIONS 2401-61-01 Purpose and Authority The Environmental Quality Protection Act (RPPL No. 1-58) 24 Palau National Code Section 101 et seq. as amended (the "Act") establishes general standards for environmental review by the Republic of Palau Envi mnmental Qua I ity Protec-ti on Board which shall insure thc1~ environmental concerns are given .:ipprc.:;xiate consideration in decision making along with economic and technical considerations. The purpose of this Chapter is to provide agencies and persons with procedures, specifications of contents of environmental impact statements and criteria and definitions of nationwide application. tlfic-cuvt.• \\,h 2(1, ''''JG~ 2401-61-02 Definilions As used herein, unles~ the context otherwise requires, the term: (A) "Accepta11ee" means a formal determination that the document required to be filed pursuant to Section 2401-61-18, fulfills the definitions and requirements of an environmental impact statement, adequately describes all identifiable environmental impacts, and satisfactorily responds to all comments received during the review of the statement. Acceptance does not mean that the action is environ mentally sound or unsound nor denotes the grant of any permits required 11nder the Environmental Quality Protection Act and any regulations promul gated thereunder, but cnly th:11 the document c.omplies with 24 PNC Sections 141 through 143. (B) "Action" means any pr0g1am or project to be initiated by an arplicant. (C) "Agency" means &riy department, office, board, or commission of any state government or the national government ct' the Republic of Palau. (D) "Applicant· means any person who, pursuant to statute, ordinance, or rule, officially requests approval from the Board for a proposed action. (E) "Approval" means a discretionary consent required from an agency prior to actual implementa tion of an action. (F) "Discretionary Consent" meam. a consent, sanction, or recommendatior. from ;:i11 dgency for which judgment and free wi!! rn.1y h; ,c:Xercised by the issuing agency. (Gl "Board," means th,~ f'.r:pi.:f->l ic of Palau Environmental Quality Protection Goa.rd or its aulhorized representative.· (H) "Environment" means humanity's surround ings, inclusive of all the physical, economic and social conditions that exist within the area affected by a proposed action, including land, human and animal communities, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. (I) "Enviwnmental Assessment," or "EA" me,:11s a written evaluation by an applicant to determine whether an ~Ctii.)ll may have a · ignifiont environ• mental effect. (j) "Environmental Impact" means an effect of any kind, whether 1mmCc:diate or delayed, on ..:.iy component of the whole of the environment. (K) "Environmental lmpacl Statement" or "Statement'' or "EIS" means an informational docu ment prepared in compliance with 24 PNC Sections 141 through 143 and these regulations whfch discloses the environmental effects of a proposed action, effects of a proposed action on the economic and social welfare of the community, effects of the economic activities afisi ng oul of tlie proposed Jction, measures proposed to minimize adverse effects and alternatives to the action and their 1~nvironmental effects. The initial statement filed for pub I ic review shal I be referred to as the "draft st.itement" or "draft E(S" and shaH be distinguished !rom the "final statement" or "final EIS" which is the ,ICJ,ument that has incorporated the public's com• inents and the responses to those comments. The linal statement is the document that shall be evalu dted ior acceptability by the Board (L) "Envi ronmen.tal lmpactStatement Preparation Notice" or "EIS Preparation Notice" means a docu ment informing the applicant of a Board determina tion, after an environmental assessment, that the preparation of an environmental impact statement is rt'quired. (,'v1) "fxempt Classes of Action" means exceptions from ,he req;;irPrnents of these regulations for a class , ,: c1,·tio11S, based on a determination that the class of cl< tions ,r;ill probably have a minimal or no significant Pirect on the en.;;ronment. (N) "Negative Declaration'' means a determina tion by the Board that a given action not otherwise exempt does not have a significant effect on the environment and therefore does not require the prepa1 ation of an environmental impact statement. (0) "Person" includes any individual, partnership, tirm. association, trust, estate, private corporation, or other legal entity and includes any d€partment, office, board or commission of the National Government or or any state government. tP1 "Significan: Effect" or "Significant, Impact" me..:ins the !:Uni of effects on the quality of. the ,~n-,;ironment inci:,ding actions that irrevocably cor.~rnit a ,:?'tura! resou;ce, curtail the ran1e of b<-.:1,eiicial \hc:5 of the environment, are ccr;tr;l.~'/ ,.o the Republic of Palat..'s environmental polici,:;s or long-term environmental goals and guidelines as established under the Act and these regulations. 1) h•"'1."1h,• l',,,\Jv 26, l~?-6) ENVIRONMENT AL ASSESSMENT (EA) PROCESS 2:401-61-03 Applicability E:--.cept as otherwise provided, an environmental ,:,~e:--sment shall be required for any and all actions 11 hi( h propose: (Al The use of national or state !ands; (Bl The use of national or state funds, unless the fund~ are to be used for: t 1) Feasibility or planning studies for possible lulure programs or projects which the applicant has ,,. 11 ,·pt Jpproved, adop:ed, or funded, provided h111wver, th. it the appficar.t shall specifically consider t·1wi1onmental factor;s and available alternatives in its ;, ·'"J11ility or planning studies, or; ';, The dcquisition or" unirnproved real property; 1CJ An~ use within any land which has been or may be classified as conservation district by the Republic or one of its state's land use commissions. (D) Any use directly or indirectly impacting "coastal waters" and "wetlands" as defined in the Republic of Palau Marine and Fresh Water Quality Regulations. (E) Any use within any historic site as designated by the Palau Historic Preservation Office. (F) Any proposed action which the Board determines may have a significant impact on the environment. fflfe<:1ive May 2f,. 1996) 2401-61-04 Exempt Classes of Action (A) Some classes of actions shall be exempted from preparation of an environmental assessment because they will probably have minimal or no significant effect on the environment. Actions exempt from the prepar~tion of an environmental assessment under this section are not exempt from complying with any other applicable statute, rule or regulation The following list rep,esents exempt classes oi action: (1) Operations, repairs or maintenance oi existing structures, foci Ii ties, equipment, or topograph ical features, involving, neg I igible or no expansion or change of use be-yond that previously existing; (2) Replacement or reconstruction of existing structures and facilities where the new structure will be located generally on the same site and will have substantially the same purpose, capacity, density, height, and dimensicns as the structure replaced; q) Basic data collection, research, experimental management, and r~ ;ource 1:;,:;;luation activities which do 11ot result in a s2rious o, ;naj ,,, rli'>turbance to an environrne1:: JI reslJtr( •1; (4) Construction and locauon of single, new, small facilities or structures and the alteration and modification of same anci installation of new, smal I equipment and facilities and the alteration and modification of same including: {a) Single family residences not in conjunction with the building of two or more of such units; (bl Multi-unit structures designed for not more than four dwelling units if not in conjunction with the building of rwo or more such strnctun~s; (c) St0res 1 offices and restaurant~ designed for total occupant load of twenty persons or less, if not in conjunction with the building oi two or more such structures; (d) Water, sewage, electrical, gas telephone and other essential public uti I ity services extensions to serve such structures or facilities; and accessory or appurtenant structures including garages, carports, patios, swimminl pools and fences; (5) Interior alterations involving things such as partitions, pl um bing, and electr cal conveyances; (6) D emolition of structures, except those structures located on any historic site. IB) All exemptions under the classes in this section are inapplicable when the cumulative impact nt planned successive actions of the same type, in the same place, over time, is significant, or when an action that is normally insignificant in its impact on the environment may be significant in a particularly sensitive environment. J(ffcc,;ve May 26, 1996f 2401-61-05 Contents of EA An applicant shall prepare a,1 environmental assessment of each proposed action and the Board shall determine whether the anticipated effects constitute a significant impact in the context of 2401 6 7 -06 thereby requiring the applicant to submit an ern ironmental impact statement. The environmental issessment shall contain the fol!owing i,1format1on: A) Identification of applic:mt; B) Identification of agencies and organizations consulted in making assessmenti 1C) General description of the action's technical, economic, social, and environmental characteristics; :D) Summary description of the affecte:.i ~nviron ment, including suitable and adequate location and site maps; (E) Identification and summary of major impacts and alternatives considered, if any; and iF} Proposed mitigation measures, if any. II ff,-,;ye May l(,, 1996) 2401-61-06 Significance Criteria 1,\) lti considering the significance of potentia\ en, trori:nLntal effects, the Board shall considP.r the ,w,; ,::[ effects on the quality Gi th(, -?nvironment, and shall evaluate the overall and c~1rnubtive effects of an action. d3) In determining whether an action may have a significant effect on the environment, the Board sh,,:! consider every phase of a proposed action, the ex1)ected consequences, both primary and secondary, and the cumulative as well as the short and long-term eiiects of the action. In most instar,ce~, an action sldl be determined to have a signifiecmt effect on the environment if it: , 1) lnvo!ves an irrevocable comr..itment to loss or jestruction of any natural or cultural resource; 2) Curtails the range oi beneficial use of the en·. ironment; 3) Conflicts with the R(:'public of Palau's long t~r-11 environmental policies or goals and guidelines dS ..,xpressed in the Environmental Quality Protection ·\1 · and any revisions thereof and amendments th, :·eto, any regulations promulgated thereunder and rp,Jvant court decisions; 4) Substantially affects the economic or social w1 1fare of the community; 5) Substantially affects public health; (6) Involves a substantial secondary impacts, such as population changes or effects on public iaci I ities or infrastructure; (7) Involves a substantial degradation of environmental quality; (8) Is individually limited but cumulatively has considerable effect upon the environment or involves a commitment for larger actions; (9) Substantially affects a rare, threatened or endangered species, or its habitat; (10) Detrimentally affects air or water quality or ambient noise levels; or (11) Affects an environmentally sensitive area such as flood plain, erosion-prone area, geologically hazardous land, estuary, lagoon, reef area, mangrove swamp, fresh water, or coastal waters. rf/i,ctive- M,r 26. r "'96) 2401-6'1·07 Notice of Determinat'ion (A) A,iter completing an environmental as~ess ,ncnt, an applicant shall file four copies of an environmental assessment with the Board. After reviewing an applicant's environmental assessment, the Board shall issue a notice of determinatior1. Public notice of a notice of determination shall be 11~ade in accordance with Section 2401-61-23 of this Chapter. {1) Ii the Board determines that an action requires the preparation of an environmental impact statement, the notice of determinati.on will be considered to be an environmental impact statement prepa•ation notice; or (2) tf the.agency determines that an environmen tal imp;,,ct statemer:t is not rnquired, thf: notice shall be! cc1ddered lo be a negafr,e decl?ratiori. {B? As soon as practicable after any determina tion is made, a notice of determination for any action should be delivered to the applicant by the Board. (C) A notice of determination shall indicat~ in a concise manner: {1) Identification of applicant or proposing agency; (2) Brier description of proposed action; (3} Determination: (4) Reasons supporting determination; and (5) .\lame, address, and phone 11u1ribe, of contact person for further information. (ti·~cl11/(l' MJ\ .U, lS ... 96} ENVIRONMENTAL IMPACT STATEMENT (EIS) PROCESS ,2401-61-08 Preparation of Draft and Final EIS \Nhei, •'( an environmental impact stc1tement is rc>qui red the applicant sh al I arrange for the prepara tion oi the environmental impact statement in accordance with Section 2401-61-11, submit the environmental impact statement for -review and comments, and revise the environmental impact statement taking into account all critiques and responses. Consequently, an environmental impact statement involves more than the preparation of a document; it involves the entire process of research, discussion, preparation of a statement and review. The environmental impact statement process shall involve at a minimum: identifying environmental concerns, obtaining various relevant data, conducting necessary studies, receiving public and agency input, evaluating alternatives, and proposing measures for minimizing adverse impacts. An environmental impact statement is meaningles~ without the consci entious application of the environmental impact statement process as a whole, and shall not be merely a self-serving· recitation of benefits and a rationalization of the proposed action. (Effective May 26, 19%1 2401-61-09 Consultation Prior to Filing EIS. (A) In the preparation of an environmental impact statement, an applicant shall insure thai all appropriate parties both in the public and private se.-:tors are consulted. To this end, an applicant shall endeavor to develop a fully acceptable environmental impact statement prior to the time ~he statement is filed with the Board, through a full and complete consultation process, and shall not rely solely upcn the i"eview process to expose environmental con cerns. {B) Upon publicnotificationofanenvironmental impactstate'."nent preparation notice, agencies, groups or individu?ls shall have a period of thirty days rn which to n,·quest to become a consulted party and tn make written comments regarding the environmentz.; effe(:ts of the proposed action, Upon written request by the consulted party and ur-·.:m good cause :::10wn, the Board may extend the pe'"iocl for comments for a period not to exceed thirty days. (C) Upon receipt of a request to be a consulted party, the applicant shall immediately make a written request to the agencies, groups or individuals who wish to be consulted for comments and shall accompany said request with a copy of the environ mental impact statement preparation notice. Additionally the applicant may provide any other information it deems necessary. The applicant may also contact other agencies, groups or individuals which it feels may provide pertinent additional , qformation. (Dl Any substantive comments received by the JJ)P Ii cJ.nt pursuant to this section sh al I be responded to in writing by the applicant prior to the filing of an {~1wironmental impact statement with the Board. I H~•1 ta\'i" M,lY 2£1, 191J6) 2401-61-10 Full Disclosure of Impacts and Alternatives Required The environmental impact statement shall contain an explanation of the envirorymental consequences of the proposed action. The coptents shall fully declare the environmental implications of the proposed action and shall discuss all relevant and feasible consequenqis of the action. In order that the public can be fully.informed and that the Board can make a sound decision based upon the full range of responsi ble opinions on environmental effects, this statement must include responsible opposing views, if any, on significant environmental issues raised by the proposal. Cfffoct<YO MJ.y 26, 19%) 2401-61-11 Reimbursement of Fees; Indepen dent Preparer Required (A) Independent Third Party Preparer. (1) With regards to projects which require an environmental impact statement under this Chapter, the Boan..i shall require the applicant to have an independent third party prepare the environmental in,i)act statement for the applicant's project. (2) The applicant shall pay for the cost of the independent third party generating the applicant's environmental impact statement. ln the event supplemental statements to the environmef)tal impact statement are required by the Board, the applicant shall a!so pay for the costs of these supplemental statements. (3) In order to choose the independent third party who will prepare the applicant's environmental impact statement, the Board shall solicit proposals throu6h public advertisement based upon a detailed ,:-:or~ 0f work generated by the applicant and the Board 1~intly. Thirty days after ali proposals are ~;-t..cived the Board shall make a short list of qualifiec' re::pondents for consideration. (4) Thirty days from the Board's generation of the short list, the Board shall select the independent third party to prepare the environmental impact · statement for the applicant's project. A contract for services shal I then be negotiated and executed between the selected respondent and the Board with the applicant acting as a third party payee for the services rendered. {5) The applicant shall pay in advance for these services prior to the commencement of work under the -::ontract. These fees are non-refundable in the event the application is denied. (B) Reimbursement for Monitoring, Inspection. and Miscellaneous Expenses Incurred by the Board. (1) During the review by the Board of the draft and final environmental impact statement, the Boa~d routinely engages in fieldwork and on-site inspections and incurs maili,flg, facsimile, telephone and copying charges. · (2) The applicant shall reimburse the Board for expenses it incurs during the preparation and review of the environmental impact statement. (3) The Board shall submit an itemized list of these reimbursable costs to applicant prior to the issuance of a decision on the applicant's environmen tal irnpact statement and applicant shall pay same prior to the issuance of any decision on th~ p rojec~ <1nd within thirty days of the Board's submrssron or the itemized list. These fees are non-refundable in the event an application is denied. ,. fl1•CHYr! .:-..1ar :!:Ci, l 1)rJfiJ 2401-61-12 Content Requirements; Draft EIS (A} The draft environmental impact statement, at <1 minimum, shall contain all the information required in this section. (B) The draft environmental impact statement shall contain a summary sheet which concisely discusses the ~allowing: (1) · Brief description of the action; (21 Significant benericial and adverse impacts; (31 Proposed mitigation measure5; (4) Alternatives considered; (5) Unresolved issues; and (6) Compatibility with land use plans and policies, and listing of permits or approva!s. (C) , The draft environmental impact statement shall contain a table of contents. (D) The draft environmental impact statement shall contain a statement of purpose and need for action. (E) The draft environmental impact statement shall contain a r,roject description which shall include the following information, but need not supply extensive detail beyond that n1:eJed for , 0 va I uation and ·~eview of the environmental impact: '.l) A d-:ttailed map (preferibly. United St;;i,tes Geological Survt'y wpographic map) and relateu regional map; (2) Statement of objectives; (3) General description of the action'5 technical, economic, social, and environmental characteristics; (4) Use of public funds or lands for the action; (5) Phasing and timing of action; (6) Summary technical data, diagrams, and other information necessary to pe:·-nit an evaluation of potential environmental impact by commenting .;,~'~ncies and the public; and (7} Historic perspective. (F) The draft env·1ronmental I mp act statement ~hdll contain any known alternatives for the action. These alternatives which could feasibly attain the ob/ectives of the action -even though more cost ly-shall be des-cribed and explained as to why the~ were rejected. A rigorous exploration and objective evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance environmental quality or avoid or n~rluce some or all of the adverse environmental benefits, costs, and risks shall be included in the review process in order not to prematurely foreclose options which might enhance environmental quality or have less detrimental eifects. Examples of the alternatives include: (1) The alternative of no action or of postponing action pending further study; (2) Alternatives requiring actions of a signifi cantly different nature which would provide similar benefits with different environmental impacts; {3) Alternatives related to different designs or details of the proposed actions which would present different environmental impac1s; and, (4) Alternative measures to provide for compen sation of fish and wildlife losses, and water quality and wetlands losses including the acquisition of land, waters, and interests therein. In each case, the analysis shall be suificientlydetailed to allow the cor,1parative evaluation of the envin;iri rnental benefits, costs, and risks of the proposed action and each r(~ason.1b le alternative. (G) The draft environmental impact statement shall contain a description of environmental settini,,, including a description of the environment in the vicinity of the actic1~ from both a local and regional perspective. Special emphasis shall be placed on environmental resources that are rare or unique to the region and the project site (including natural or man· made resources of historic, archaeological, or aesthetic significance); specific reference to related projects, public and private,, existing or planned in the region shall be included for purposes 6f examin ing the possible overall cur,,ulative impacts of sue>. actions. It is essential that tht,· sources of data used to identify, quantify, qualify, or evaluate any and all environmental consequences bP. expressly noted. (H) The draft enviro11mental impact s\atemP.nt shall contain a statement oi the relationship of the proposed action to land use plans, policies, and controls for the affected areci on both the national and state government levels as weU as land policies ,3rn) land uses under traditional Palauan law. Discussion of how the proposed action may conform or conflict with objectives and specific terms of approved or proposed land use plans, policies, contrcls, and traditional uses, if anv, for tne area affe, led shall be included. \..Yhere a conflict or inconsistency iaxists. the statement ~hall describe th~ extent to which the applicant has reconciled its proposed action with the plan, policy, control. or use and the reasons why the applicani has decided to proceed, nol\'l1ithstanding the absence 01 full (econciliation. ThP. drait environ mental impact statement shall also contain a list oi necessary approvals, n·quired for the action, from governm~ta! agencies, b~ar?s, co1nrnissio.ns, traditional leaders or other similar groups having jurisdiction. The status of each identified approval shall also be describPrl. . (I} The draft environmental impact statement shall contain a statement oi the probable impact of the propqsed action on the environment, which sha include consideration of all consequences on the ,•nvironmc~nt; direc! and indirect effects shall be included. The interrelationships and cumulati\e i•nvironmental impacts of the proposed action and 11;h(•1 rPldlPd projects shall be discussed in the drai; •'.11\'ironmental impact statement. It should be> rc.1lized that several actions, in particular those thct in"olve the construction of public facilities or :aructures (e.g., highways, airports, sewer systems, water resource projects, etc.) may well stimulate or induce secondary effects. These secondary effects may be equally important as, or more important than, primary effects, and sha!f be thoroughly discussed to iully describe the probable impact of the proposed .wtirn1 on the environment. The population and grnv, rh impacts of an action shall be estimated 1i .,,,J':' ,cd to be signiiicant, and an evaluation made oi : -· -•ri'Pch nf an, possible change ii1 populatic,~ (),rn,·rns m growth upon the resource base, including iaJJd use, 1vater, and publi-:: services, of the area in qu,~stion. Also, ii the proposed action constitutes a direct o, indirect source of pollution as prescribed by <.1ny governmental agency, necessary data shal I be ,n1 orporated in the draft environmental impact statement. Th-e significance of the impacts shall be discussed in terms of Divisions J through M, inclu <;j\·P, oi this Section. \)) The drait environmental impact statement sll<lll Jddress the relationship between local short 71'1 m u~("S of the environment and the maintenance .11:,i i'.nh.inc~mem ai long-term productivHy. A briei di.:-rns:·: 1n of the extent to which the proposed action imp, Ins(~~· future options, narrows the range of b'..,,i :ici;,l uses of the environment, O( poses long term C:sks to health or safety shall bt int1uded. (K) The drafr environmental impact stitement shall -1ddress all irreversible and irretrievable commitments of resources that would be involved in 1h, proposed action should it be implemented. !il(•nnfic.:ition oi unavoidable impacts and the extent 1c, which the action makes use of non-renewable ! , •,ources during the phases of the action, or i rrevers .i, ,. , ur1<1iis the range oi potential uses of the •"(' i:11/l11wnt shJII also be included. The possibilHy nt (•nv1ronmental ,.Kcidents resulting from any µhase ,,1 ·!w c1ction shc1II also be considered. For purposes 111 1hi:. Section. "resources" also means the naturJI .rnd cultural re5ou1ces committed to loss or destrL.c tinn by the act1011. (U The drJit environmental impact staterne"t sh,tl I dddress al! probable adverse environmental ,.;11;,cl, whu h Ccit111()1 be dV01ded. Anr adverse eiie,·:5 ,1,. n ,h wdter (H J•r pollution, urban congestio·), 1h,Pc1l-., to pub!i< health or other consequences .uL'E'hP 10 e1wi1Dnmental goals and guidelines ·· · ,, , 1..,h,·d IJ,{ :ii(' Enviwnmental Qualily Protecti,111 .\, :, ,h,lll be indudt~d dS J briei summary including nio¼( · Pl!Pcts to be discussed pursuant to other Oi\'isions of this Section which are adverse and unavoidable under the proi:,osed action. Also, an~, rationale for proceeding with a proposed action, notwithstanding unavoidable effects, shall be clearly set forth. The draft environmental impact statement shall indicate what oth(!'r interests and considerations of governmental policies• dre thought to ofiset the adverse environmental effects of the proposed action. The statement shall also indicate the extent to which the stated countervailing benefits could be realized by following reasonable alternatives to the proposed action that would avoid some or all of the adverst environmental effects. (M) The draft environmental impact statement sha 11 consider mitigation measures proposed to minimize impact. Description of any mitigation measures included in the action plan to reduce significant, unavoidable, adverse imp acts to i n~igri ifi cant !e\1els, and the basis ir,r c-onsidering these l~vels acceprdb'e shall be included. Where a part,cular mitig;,tion measure has been chosen irom ar,,ong several ;:dternatives, the measures shall be discussed and reasons given for the rhoice made. (N} · The draft environmental impact statement shalt contain J summary oi unresolved issues and either a discussion of how such issues will be resolved prior to commencement of the action, or what overriding reasons there are ior proceeding without re'.:.olving the problems. (0) The draft environmental impact statement shall contain a kt identifving all governmental agencie:,, other or;;anizations and private individuals cons-ulterl in prepanng the statement, and the identity of the 1)~rs0ns, firms, or agencies prepari 11g the statP.ment, b\' ,c111tract or o:ner authorization, sha!·: be di:~...:loseJ. (P) Th~ drafr environmental impact statement shall contain reproductions of all substantive comments and responses made during the consulta tion precess. A list of those consulted who had no comment shall be included in the draft environmental impact statement. (ffff!'Ct ,11-(t M.a~• :U1. l {J(J(1J 2401-61-13 Content Requirements; Final EIS The final environmental impact statement shall consist oi: •A) The drait env1ro1vnentc1I impact statemen, or a revision or the draft; 18) Comments and recommendations received on the drait env1ronmenr<1I impact statement either verbatim or in surnmary; 1C) A list of person~ organization~ and public agencies comm~nting on 1he drait e1wironmental impact statement; , D) The responses 01 the applicant to sign!iicant em ironmental points r,11Sed in the revie\\ and consultation process. The lPSponse of the applicant io comments received may take the iorm at a revision < ii the drait environmenta~ impact statement or may !w Jn attachment to the draft environmental impacl ~tJtemenr. The response shall describe the disposi lion of signiflcant environmental issues raised (e.g., r,~visions to the proposed project to mitigate antici pated impacts or objections). In particular, the major issues raised when the applicant's position is at variance with recommendations and objections raised in the comments shall be addressed in detail giving rea:sons why specific comments and suggestions were 1101 accepted, and factors of overriding importance w.ii·ranting an override of the suggestions. I 1:,•, nvi• '\Wl· 2h, l'l<J(1} 2401-61-14 EIS Style In developing the envircnmPntal impact statement, prt>parers sha 11 make every effort to convey tht: rt>quired information succinctly in a form easily understood, both by members of thP public and by pub I ic decision makers, giving attention to the substance oi the information conveyed rather than to the particular form, length, or detai I of the ~tatement. The scope of an environmental impact statement may \"Jry with the scope of the proposed action and its impact. Data and analyses in an. environmental impact statement shall be commensurate with the importance oi the impact, and less important material may be summarrzed, consolidated, or simply n,ierenced. An environmental impact statements ~hJ:!. indicate at appropriate points. in the text an;, u,•;derfying studies, reports, and other informatin,n Gh·aincd and considered in preparing the statement, iF;dudin~ cost benefit analyses :-ind reports ;equired LHt:Je,· other legal authorit;,,:;. C:,::~ shall be taker: io coi,cpntrate on important issuFs anrl to ensure that an environmental impact statement remains an essen ti<illy self-contained document, capable of being understood by the reader without the need for undue 1 rnss-re1erence. FILING AND DISTRIBUT;ON OF FINAL AND DRAFT EIS 2401-61-'!5 Filing of EIS (A) The applicant shall file the original (signed) rl rL1it Pn\·1~onmP.ntal impact statement v,1ith the Board, ,do11g with ,en copies of the draft environmental 1111pact statement. The Board may require the c111plicant to submit extra copies if it deems necessary. (BJ The applicant shall tile the ·original (signed) :1:'.,11 ,,n. 1ronnwntzii 11npact statement with the Board cilong with ten copies of the final environmental 1111p.ict statement. The Board may require thP cipplicant to submit e:-.;tra copies if it deems necessary . . 11·,111~1· .r-.1·, H1 Jl,111".l· 2401-61-16 Distribution (A) The Board shall be responsible for the advertisement oi the notice of ava i la bi I ity of the draft and iinal environmental impact statement pursuant to Section 2401-61-23 of these regulations, and for distribution oi the draft ,rnd final environmental impact statement for agency and public review. (B) The Board shal I develop a list of reviewers (i.e., persons and agencies with jurisdiction or expertise in certain areas relevant to various actions) and a list oi public repositories where copies of an environmental impact statement shall be available. To the extent possible, the Board shall make copies of the environmental impact statement available to individuals requesting an environmental impact stJtement. (Cl The Board's distribution I ist .n ,d)' be devel opPd cooperativelv among the dppli("'nt and the 3oad provided the Board shall be responsible ror determining the final list. The applicant may directly distribute any portion of the required copies to rhose on the list, provided that the Board is informed at tf->~ time the environmental impact statement is filed trdt·rh\·-1• t--."iJ1. !f1. i 1JIJtj) 2401-61-17 Public Review and Comment (A) The period for public review and ior submitting written comments shall commence as of the date riotice of availability of the environmental impact stat"!ment is advertised and shal I continue for a period not to exceed thirty days. .Written com !"nents to I/11, 8odrd, with a copy of the C'.1mment::; to the applicint, sh;ili be received by the Board, or rio::t:n2rke,~, .v,thin said thirty-day vriod. ·\.ny late comments neerl not be; considered ot r~sponded to by the applicant or the Board, unless. the Board requires a response from the applicant. (B) The applicant shall respond in writini to the comments received or postmarked during the thirty day review period and incorporate or append the comments and responses in the final environmental impact statement within thirty days from the enc of the th i ,tv--day review period. The respo,1se to co,riment5 shall include: ( l l Point-by-poi n; discussion of the va! idity, signit1cance, ;ind relevance of comments; and (2) Discussion as to how each comment ,,vas evaluJ.kd and considered in planning the proposed action (C) The response sha 11 endeavor to resolve conflicb inconsistencies, or concerns. Comments Jncl respon'.:>es ,;hall he incorporated or appended in tlw 1111al environnwntal impact staternent. 11 Jl1•1 Ii,,. \1,l\ •i, 1si•,, HO 1-61-18 Acceptability (A) .-\cceptabi I ity of a drait or iinal statement 1,.,11 ,w 1~vdlu<1ted on the basis of whether ihe ~1,lf1•11wn1, in its completed form, represents an ,11101111<1tio11<.1I instrument which ful fi I ls the deli 11 iti on ul Jn environmental impact statement and adequately cliscloses ,1nd describes all identifiable environmental Impc1cts and satisfactorily responds to review comments. (Gl A statement shall be deemed to be an ,H'et?'ptable document only if all of the following nirPria are satisfied: t I) Procedures ior assessment, consultation : ,1111, •5:-;, ,J review responsive to comments, and the ,,,,p.!rJt1c111 Jnd submission of the statement, have all "''''" , ompleted satisfactorily as specified in these rPgu!,nions; L!J Content requirements described in this , ·hdpti:' r hJve been satisfied; and U1 Comments submitkd· dudng the review procP5S have received responses satisfactory to the Bndrd, and have been incorp01 ated or appended, at ·h,~ discretion of the applicant to the statement. ro For actions where the national government, \,ii,· ·.!OV(~rnment, its boards, agencies or commissions .. 1 ,i Jpp! icants, the applicant shall prepare the , ,wi,onnwntal impact statement in accordance with ~ l !'NC Sections 141 through 143, and these 1·:~t,1Lti IOllS l I J In dll cases involving state funds or lands, ii,1th 1lw governor or an authorized representative .1nd rhe Board shall have final joint authority to c1nr.::ot the environmental impact statement. r 2) I:·. cases involving only national government 1u1.J~ or . lands, the President or an authorized iv:, : se;~tdlive and the Board shall have joint fina! .wt,.- irity lO accept the e:w1~onmental impac• .,1,1• ''A~nt. (l! In the event that tile ;z:t,on inv.Qlves bot1, ~l,Hr ',md naLonal governmen~ lands or funds, the '': 1 •~ 1· ii>r,i or an authorized representative and the i :11.1:.: :-.hc1 I I have joint final authority to accept the , ·llvI ! · )11117 (~ntal impact statement. if.•! Upon acceptance or non-acceptance of the 1•11v11onmP.ntal impact statement, a notice shall be i~,ued by the Board and served on the applicant. For ,lily ,·,on-<1ccepted environmental impact statement, tlw 11'oiic2 sh2:ll cont.:iin specific findings and reasons ror non-<1cceptance. The Board shall publish the i !i>,r>1 mi nat;-:m of acceptance or non-acceptance ;:is ·i, .. ,1 ·dwd in section 2401-61-23 of these regulations. \, 1, . ,t,mcr• oi J required statement shall be a , <111e1 tinn p•i>cedent to the use of state or nati0nJI 1111w11t l,mds or funds in implementing the :•·;,, ,•,1·<1 ,wtion SUPPLEMENTAL STATEMENTS 1-Wl-61-19 Gener.ii .\ st.itPment that is accepted with respect to a p,11II1 u!.1r .1ctio11 is usually qualified by its size, scope, location Jnd timing, among other things. If there is any major change in any oi these characteristics, the original statement shall no longer be completely val id because <1n essentially different action would be under consideration. As long as there is no substan tial change in a proposed action, the statement associated with that action sha I I be deemed to comply with these regulations. If there is any major change, a supplemental statement shall be prepared and reviewed as provided by these regulations. ffffffln·-e M,w 2(, l iJ~1t,1 2401-61-20 Determination of Applicability The Bo,1rd shall be responsible (or determining whether a supplemental statement is required. Applicants :-;hall prepare for public review supp[emen tai stc1t.-,rnent~ whenever the proposed action for which a statement was accepted has been modified ro the extent that new or diiierent environmental ;rnp:1ets are anticipated. ,.1.. supplement,,/ statement !>ha/ I Le warranted when the scope of an action has h"2en substantially increased, when the intensity of environmental impacts will be increased, when the riHigating 11easures originally planned are not to be •mplernented, or where new circumstances or evidence have brought to light different or likely increased environmental impacts not previously addressed, ([fr-:"CU. ..e /\.-\J\~ :Zh, I\J 1JM 2401-61 :21 Contents The rn,-,t-::i1ts of lhe supplemental statement shal I bf: ,h1.: sar:-:c, as required by this chaPtN for the env ironrr.en,ai imp,,.;t statement and may i nr:orporate by i"2 10•·0rKt.: ·.:.ichanged material fr:;,.-, the same; however, In addition, it shall fullv docum!'nt the proposed changes frorn the original env1ronmental impact staiernent and completely and thoroughly discuss the environmental impact statement process follo.ved for these changes, the positive and negative aspects of these changes, and shJ 11 comply with the content requirements oi sections 2401-61-08 through 24 01-61-18, inclusive, as they relate to the changes. (lf(..-{"ltve l\iJy u~ 1•, 1,,,1 2401-61-22 Pt ocedures Tl.e requirements oi consultJtton, ti Ii ng pub/ i c notice, distribution, public review, comments and response, <1nd JcceplJnce pr,,:::eclurL0 s, shal! be the same for the supplemental statenwnt JS is prescribed b, this Chc1ptPr Ior Jn pm·1ro:111wntcii Imp<1ct state ment. " PUBLIC NOTICE AND IMPACT FEES 2401-G l-2J Public l\.olice and Records (A) Al! environmen,JI impact st.itemionts ·and other documents prepared under these rules sh<1II be rn ade avai !able for inspection by the pub I ic during established office hours. (B) The Board sh al I inform the pub I ic by radio announcement of: (1) Notices filed by the Board oi determinations thc1t environmental impact statements are required or not required. (2) The availability of such environmenta I impact '>iatements ior review and com01ent regarding the c1cceptance or non-acceptance of statements; ,md (3J Any other instance cited in these regulations requiring public notice. {f··,•,livt• MJi' 26. lMJ(); 2401-61-24 Environmental Impact Fees (A) v\:hether or not an :y:tion requires an (~nvironrne:1tal impact statement, :he anplicant shall pc1y a 11011-refundable Environmenral !rnr,act Fee. The F.nvir0nrnental Impact Fee sha1I he· paid \V1!'1;n thirty dc1vs .~iter the applicant has obta,ne:d all necessary permits tn commence an actIor,, but prior to the commeric,~;nent of any construction relative to that c1ction. The Environmental Impact Fee shall be paid by check, made payable to the National Treasury of the Republic of Palau, and in acc:1rdance with the following fee schedule: (1) No fee for Republic of f)alau national government or state government projects so long as such projects are 100% financed by national or state government funds. In the event of a joint venture between the Pala1, national government ur .:: state !!OvernmP.r,t and a ihird parly, th<' proJect sh:J:i be ,uh1r->ct tc the fee:; stated in Sertion 240HS1-24(,\)(3\ he;•eir.. (2) $2::i.O(J for minor environmental impa.:l projects. (3) ;\I I other fees for proJects shall be based upon the greater of: (J) An Jpp:ai~JI ot structures affixed lo the following schedule: construction co~ls 101 ground pursuant to th1: or, FfE -'.,\lOUNT llHJ LJO ](10 00 75000 1,.500 00 SIZE Of PRO[ECl '''" lh.1n or ('([U,1! lO i :;IJ,llllll l)II L,," 1h.111 (,r equal to $10il,Ollll Oil Grc,11er 1han $ HJD,000 h111 lei, 1h,11i $500,000 lJ!J Grt',lll!r !lijll $50lJ,OlHI il111 h•" 111,m ~ HIO,IJOO IJII rrir ('~Kh $.l milli•11l 1ncn•n1,,,,:,nt in Lht• co~•/~11.(' u1 !ht• projen llmrt~ -.h,111 Ill' .l--..;.t!"'iSed .111 ~1ci,li! •on~1I 1~-1· ol $ l ,'.>00.00 up lo m,l:o:1m11m lrn,11 11, .. ci:i $WO 100.IJCI; (b} A fee which is generated by the Board after an examination of the project's environmental impact statement. (B) Division A of this Section shall not take effect until the Palau hvirnnmental Quality Protection :\ct (RPPL :--lo. 1-58l"l,as been am ended to reflect same. (lff~·~tl\(• /\1JI. lCJ. ~1JWi; MISCELLANEOUS PROVISIONS 2401-61-25 Se·.- !rability Ii any provision ot th is Chapter or the aopl ication thereoito any person or circumstance is held invalid. the imalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application; and to this end, the provisionr, of this Chapter are 0eclared to be severable. {r(fv('t1vl• 1\1.f!\• 2<.11 11.JY(}) 2401-61-26 Repealer The regulation~ ,·ontained herein ~hc:il replctce Ilk Republic of Palau Lnvi;·onmental Quality Protec,;on Board Environmental Impact Statement Regulation, currently , n effect : n the Republic of P d!au H {1 •c livt• ,\t!\ l(i, 1911r,1