Biodiversity in IA toolkit

National Environmental Protection Act 1984

The National Environmental Protection Act 1984 implements EIA and EIS in part IV, full text of which follows:

All Ministries, Departments, offices and agencies of the Government of the Marshall Islands shall, in all matters in which there is or may be an environmental impact:

    1. utilize a systematic, interdisciplinary approach which will ensure the integrated use of the natural and social sciences, traditional wisdom and the environmental design arts in planning and decision-making;
    2. identify and develop, in consultation with the Authority, methods and procedures which will ensure that presently un-quantified environmental amenities and values are given appropriate consideration in decision making along with economic and technical considerations;
    3. include in every recommendation or report on proposals for legislation and other major governmental action significantly affecting the human environment, an environmental impact statement in accordance with Section 134 of this Act;
    4. study, develop and describe appropriate alternatives to recommended courses of action in any proposal which contains unresolved conflicts concerning alternative uses of available resources;
    5. recognize the worldwide and long-range character of environmental problems, and give appropriate support to initiatives, resolutions, programs and other proposals or activities designed to increase international cooperation in foreseeing and preventing a decline in the quality of the world environment of mankind;
    6. make available to institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the environment;
    7. initiate and utilize ecological information in the planning and development of resource-oriented projects; and
    8. assist the Authority. [P.L. 1984-31, §33.]
  2. For the purposes of Section 133(c) of this Act an environmental impact statement is a detailed statement by the responsible official on:
    1. the environmental and cultural impact of the proposed action;
    2. any adverse environmental effects which cannot be avoided if the proposal is carried out;
    3. alternatives to the proposed action;
    4. the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity; and
    5. any irreversible and irretrievable commitment of resources which the proposed action will necessitate if it is carried out.
  3. Before making an environmental impact statement, the responsible official shall consult and obtain the comments of the interested public and any Ministry, Department, office or agency of the Government of the Marshall Islands which has jurisdiction bylaw, or expertise with respect to any environmental impact of the proposed action.
  4. Copies of an environmental impact statement and of the comments and views of the appropriate Ministries, Departments, offices and agencies of the Government of the Marshall Islands shall be made available to the Authority, and to the public for inspection and copying, and the public shall be notified of the existence and availability of the statement a reasonable time before the completion of the Government of the Marshall Islands decision making process.
  5. The environmental impact statement shall accompany the proposal through the review process, and the decision shall be explained in a statement of basis and purpose which shall include findings by the responsible official body that:
    1. the environmental impact of the proposed action has been studied and considered by the responsible Ministry, Department, office or agency of the Government of the Marshall Islands;
    2. alternatives to the proposed action have been given consideration;
    3. any adverse environmental effects which cannot be avoided by adopting reasonable alternatives are justified by other stated considerations of national policy; and
    4. any short-term uses of the environment are consistent with maintaining and enhancing long-term productivity or usefulness, or if not, why it is proposed that the action proceed regardless. [P.L. 1984-31, §34.]