nepa compliance checklist

The Council on Environmental Quality (CEQ) issued a final rule to update its NEPA implementing regulations. Review your award package and especially any specific instructions for NEPA compliance. Have a . The National Environmental Policy Act (NEPA) was signed into law in 1970 to promote efforts that prevent or eliminate damage to the environment. BJA will work with you to develop an EIS. The National Environmental Policy Act (NEPA) directs federal agencies to thoroughly assess the environmental consequences of "major federal actions significantly affecting the environment." Depending on your grant program, you may be provided with technical assistance to develop the EA or given an EA template to help develop your own EA. The Actcalled for the creation of the President's Council on Environmental Quality (CEQ). Fill every fillable area. BJA will provide an EA template that is intended to aid you in the process of developing the EA document. NEPA requires that prior to funding, authorizing, or implementing an action, federal agencies must consider the effects the proposed action may have on the environment, and the related social and economic effects. For a detailed explanation read 40 CFR Part 1502. You should contactDESCRM ortheNEPAcoordinatorsat yourBIA Regional Officefor guidance about specific circumstances where environmental analysis may not be required. U.S. Department of the Interior. BJA will comply with NEPA by evaluating the environmental impacts of the action in one of three levels of analysis: categorical exclusion, environmental assessment, or environmental impact statement. This process helps to ensure that reasonable alternatives and mitigation measures have been considered and implemented where possible. Documents listed in this section are available to members of the public. A .gov website belongs to an official government organization in the United States. Supplement Analyses NEPA Documents Office of NEPA Policy and Compliance Office of NEPA Policy and Compliance NEPA Documents To see a list of available NEPA documents by type and sorted by publication date, click on the links below. Because BJA must make a decision as to whether to fund your project, NEPA applies. NEPA requires, to the fullest extent possible, that the policies, regulations, and laws of the Federal Government be interpreted and administered in accordance . SeeNEPA procedures adopted by each federal agency. Because NEPA is a procedural law, CEQrequires each federal agency, including FEMA, to write their own NEPA compliance regulations to fit their particular programs. In 1979, the established uniform guidelines for implementing the procedural provisions of NEPA. Official websites use .gov An environmental impact statement (EIS) is a detailed written statement for a major federal action that may significantly affect the quality of the human and natural environment ( 23 CFR 771.123 and 23 CFR 771.125 ). The Bureau of Indian Affairs (BIA) is primaryfederalentity responsible for ensuring thecompliance of theNational Environmental Policy Act (NEPA)for projects and activitiesaffecting theenvironment on Indiantrustlands. A document that DOE prepares in accordance with DOE NEPA regulations (10 CFR 1021.314(c)) to determine whether a supplemental or new EIS should be prepared pursuant to CEQ NEPA regulations (40 CFR 1502.9(c)). If technical assistance providers are developing the EA for your project, you will need to supply them with additional information or clarification about your project as requested. After review of your project application, BJA will determine which type of NEPA analysis is appropriate for the activity. These actions are defined at40 CFR 1508.1. A supplement to a draft or final EIS is required when any of the following occurs: If an agency decides to supplement its EIS, it prepares, publishesand files the supplemental EIS in the same fashion asa draftor final EIS. If significant impacts or controversy exist then you must do an environmental impact statement (EIS). A concise public document that records a Federal agency's decision(s) concerning a proposed action for which the agency has prepared an environmental impact statement (See CEQ and DOE NEPA regulations at 40 CFR 1505.2 and 10 CFR 1021.315, respectively). NEPA COMPLIANCE CHECKLIST This guidance, in the form of a standard checklist (Attachment), is recommended for use by bureaus and offices while engaging in NEPA compliance to make certain that a series of commonly accepted steps and necessary questions are addressed during completion of the process. Potential for noise impacts to exceed allowable noise standards as established by federal, state, and local regulations; Potential for hazardous or solid waste generation to exceed management capabilities on site or otherwise threaten violation of requirements to control hazardous or toxic substances; Potential for air emissions that could contribute to nonattainment status under the Clean Air Act or otherwise fail to conform to an applicable State Implementation Plan; Whether the action is expected to have permanent or long-term impacts, such as placement of a structure that will be kept on site for long-term use; Whether the action is of a much greater scope or size than normally experienced for this particular action; Proximity to environmentally sensitive areas or resources, such as federally listed threatened or endangered species or designated critical habitat, floodplains, wetlands, religious or cultural sites, or historic properties; Proximity to sensitive or indigenous populations; Public controversy surrounding the activity; Potential cumulative impacts created by the activity; Potential to violate statutory, regulatory, or permit requirements for environmental, safety, and health at the federal, state, tribal, or local level; Involves the development or use of new technologies with unproven impacts; Establishes a precedent for future actions that are likely to have significant impacts; Whether other actions with potentially significant impacts are connected or otherwise dependent on the activity; and. Alternatives to that proposal to aid in decision-making when there is an unresolved conflict in the use of resources. We have resources to help you complete an environmental assessment. NEPA recognizes that the range of federal actions that could cause environmental harm is broad, and so it applies to the majority of federal actions including policies, plans, and projects. An official website of the United States government. BSEE oversees implementation, monitoring, and assessment of the effectiveness of mitigation measures developed during the NEPA process and provides feedback as a part of the adaptive management process. NEPA requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions. The levels of NEPA review are: If the project can be statutorily excluded (STATEX), then you must still comply with all other environmental laws and executive orders. ) or https:// means youve safely connected to the .gov website. Washington, DC 20585 Share sensitive information only on official, secure websites. Secure .gov websites use HTTPS There are many tools to help ensure your project complies with applicable environmental regulations. Applicants are required to support BJA during the NEPA process by providing information about the proposed action, activity area, and resources that may be impacted by the proposed activity. If the PEA applies to your project, more information on environmental resources may be needed. Share sensitive information only on official, secure websites. A FONSI is a document that presents the reasons why the agency has concluded that there are no significant environmental impacts projected to occur upon implementation of the action. Occasionally, DOE may publish an NOI to announce its intention to prepare an environmental assessment. National Environmental Policy Act regulations allow federal . Have significant adverse effects on public health or safety. The BJA NEPA Coordinator will determine if a supplemental NEPA analysis is needed. 1000 Independence Avenue, S.W. The Bureau of Indian Affairs (BIA) is primary federal entity responsible for ensuring the compliance of the National Environmental Policy Act (NEPA) for projects and activities affecting the environment on Indian trust lands. If BJA determines that there will be a significant impact, an EIS will be needed. Policy Act (NEPA). DOE publishes NOIs in the Federal Register in accordance with DOE NEPA regulations (10 CFR 1021.311). NEPA helps federal agencies incorporate these values into their programs by requiring them to give equal consideration toenvironmental factors, in addition to financial and technical factors, in their planning and decision-making processes. The agency shall document the adoption. Who makes the final decision on NEPA Compliance for my project? Note that even if documentation is not typically required, the activities are still subject to NEPA and only BJA can make the determination as to what level of compliance and documentation is needed. These regulations and guidance can be changed by a new administration. If a project has completed NEPA but the scope of the project changes, a supplemental NEPA analysis may be needed. What activities typically require NEPA documentation? The environmental review under NEPA can involve three different levels of analysis: A federal action may be "categorically excluded" from a detailed environmental analysis whenthe federal action normally does not have a significant effect on the human environment(40 CFR 1508.1(d)). and should be discussed in the same NEPA document. BJA will let you know what is required. The Departmental Manual at516 DM 15.4includes the agency CEs that address General Items, Internal Program Initiatives, Permit and Regulatory Functions, and Royalty Functions. White House Council on Native American Affairs, National Environmental Policy Act (NEPA) Compliance. The EA determines whether or not a federal action has the potential to cause significant environmental effects. The NEPA requires that all federal agencies use a systematic, interdisciplinary approach for protection of the human environment; this approach will ensure the integrated use of the natural and social sciences in any planning and decisionmaking that may have an impact upon the environment. Classes of Action, describing how compliance with NEPA is carried out for Environmental Impact Statements (EISs), Environmental Assessments (EAs), and Categorical Exclusions (CEs). If no significant impacts or controversy exist, then the EA is written with a Finding of No Significant Impact (FONSI) and agency action occurs. Have highly uncertain and potentially significant environmental effects or involve unique or unknown environmental risks. A public document issued by a Federal agency briefly presenting the reasons why an action for which the agency has prepared an environmental assessment will not have a significant effect on the human environment and, therefore, will not require preparation of an environmental impact statement. If an environmental assessment (EA) must be written, then you have to determine if there are going to be significant impacts or controversy involved in the proposed action. An Environmental Impact Statement (EIS) is a detailed analysis and evaluation of all of the impacts of the proposed project and all reasonable alternatives. . Find our requirements and guidance by following the links below. The NEPA process aims to study and disclose the significant impacts a proposed action may have on the quality of the human environment. BOEM conducts the necessary NEPA analyses to address the major federal actions of both agencies with BSEE acting as a cooperating agency. Next, determine the level of NEPA Review. Share sensitive information only on official, secure websites.. Environmental Assessments (EAs) and associated documents are generated to fulfill the requirements of the National Environmental Policy Act (NEPA). LockA locked padlock administering compliance with NEPA may be found in the Departmental Manual (DM) at 516 DM10 and in the Indian Affairs Manual (IAM) at 59 IAM 3 (See Appendices 15 and 16). 793 (c) (1)) exempts all EPA actions under the Clean Air Act from the requirements . The National Environmental Policy Act (NEPA) directs federal agencies to thoroughly assess the environmental consequences of "major federal actions significantly affecting the environment." BSEE and BOEM maintain a memorandum of agreement on NEPA and environmental compliance, in accordance with Secretarys Order 3299 (Establishment of the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement, and the Office of Natural Resources Revenue), to help minimize duplication of efforts, promote consistency of procedures and regulations, and resolve disputes during the implementation of NEPA. NEPA Environmental Assessment Checklist [Environmental Review Guide HUD CPD 782, 24 CFR 58.40; Ref. As a federally-funded program, NEPA applies to Tribal Transportation Program projects, as codified by regulation in 25 CFR 170.450. The following factors are considered when determining whether extraordinary circumstances exist, such that an activity may not be categorically excluded from further NEPA review: An EA is a brief and concise analysis completed by the agency to determine if an activity will have a significant impact on the environment. Fax: 202-305-1367Email, National Historic Preservation Act Section 106, Executive Order 11988, Floodplain Management, Executive Order 13690, Flood Risk Management Standard. the name of the lead agency and any cooperating agency, the title of the proposed action and its location. A final EIS is then published, which provides responses to substantive comments. and its corresponding Record of Decision (ROD). LockA locked padlock Stewarding Conservation and Powering Our Future, Toggle Dyslexia-friendly black-on-creme color scheme, Office of Environmental Policy and Compliance, Selected Guidance for NEPA Compliance on DOI Projects, Office of Surface Mining Reclamation and Enforcement, NEPA and Permit Tracking Database (for DOI employees), Environmental Review Distribution System (for DOI employees). A draft EIS is published for public review and comment for a minimum of 45 days. Please click here to see any active alerts. Below, you will find information to help you successfully navigate environmental compliance for TTP projects. What happens if NEPA compliance is completed and the project changes? The EA concludes with a one of two decision documents, either a Finding of No Significant Impact (FONSI) or the Notice of Intent to Prepare an Environmental Impact Statement (EIS). EPAhas responsibility to prepareitsown NEPA documents for compliance. NEPA requires that prior to funding, authorizing, or implementing an action, federal agencies consider the effects that their proposed action may have on the environment . The Bureau of Indian Affairs (BIA) is primary federal entity responsible for National Environmental Policy Act (NEPA) compliance on Indian trust lands. Changes to CEQ NEPA Regulations Share sensitive information only on official, secure websites. Writers state the facts of effects and line officers An official website of the United States government. These actions are defined at 40 CFR 1508.1. Therefore, the BJA NEPA Coordinator makes the final decision on the appropriate level of NEPA compliance for your project and the determination of whether compliance with the requirements of NEPA has been achieved. NEPA directs federal agencies to analyze, disclose, and consider the potential for impacts to the quality of the human environment in the planning and development of proposed actions. A .gov website belongs to an official government organization in the United States. Watershed Management Program Final EIS. A .gov website belongs to an official government organization in the United States. Environmental & Historic Preservation Guidance, Real Estate, Lending or Insurance Professionals, State, Local, Tribal or Territorial Governments, National Incident Management System (NIMS), Integrated Public Alert & Warning System (IPAWS), Environmental Planning & Historic Preservation, Preparedness Activities, Research & Webinars, Faith-Based & Volunteer Partnership Resources, National Business Emergency Operations Center, Permits for Clean Water Act / Rivers & Harbors Act, National Environmental Policy Act Repository, all other environmental laws and executive orders. If BJA determines that a CATEX can be applied to your project, you may have to complete documentation in order to determine whether any extraordinary circumstances exist. NEPA requirements for Interior projects are determined by pollution control and environmental protection statutes, federal regulations, Executive Orders, Secretarial Orders, and Departmental Manuals. FEMAs agency-specific procedures for NEPA implementation are detailed in FEMA Directive 108-1 & companion instruction, and tier off of DHS Directive 023-01, Rev 01 & companion instruction and the Council on Environmental Quality Regulations at 40 CFR Part 1500-1508. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. [42 U.S. Code 4321- 4347 ]. A supplemental NEPA analysis updates the NEPA analysis that was completed previously and eliminates the need for an entirely new NEPA analysis to be completed. TheDivision of Environmental Services and Cultural Resources Management(DESCRM) can help to support and answer questions about the environment review process on Native land. The first step in the NEPA environmental review process is to identify the proposed action. Enter relevant base data and verifiable source documentation to support the finding. The NEPA compliance process is aimed at evaluating the potential effects on natural and cultural resources of a proposed federal government "action," as well as possible alternatives to that action. The National Environmental Policy Act (NEPA) applies to the execution of many of the Departments responsibilities with the goal of ensuring that information regarding environmental impacts is available to decision makers and the public before decisions are made. 40 CFR 1508.25 (a)(1). If the proposed action cannot be statutorily excluded, then can it be categorically excluded (CATEX)? When the draft EA is approved by BJA, it will be made publicly available for a minimum of a 30-day public comment period. Section 7 (c) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. In 1969, Congress enacted the National Environmental Policy Act (NEPA) in response to public concern about the deteriorating quality of the"human" environment and the inadequate consideration of environmental impacts of major federal projects. Because of this, CEQ developed NEPA implementing regulations and various guidance documents to provide clarity and to guide agencies in NEPA compliance. Official websites use .gov An official website of the United States government, Department of Justice. 40 CFR 1508.8 &1508.27] Evaluate the significance of the effects of the proposal on the character, features and resources of the project area. WIFIA Federal Compliance Requirements - Projects that receive Water Infrastructure Finance and Innovation Act credit assistance must comply with the EPA compliance for federal requirements under NEPA. The U.S. regulations for implementing NEPA. Share sensitive information only on official, secure websites. BJA has its own list of approved CATEXs. Tribal governmentsare partners in the NEPA review process andhave substantial authority through their retained tribal sovereigntyfor environmental protectionon lands within their jurisdiction. Share sensitive information only on official, secure websites. The National Environmental Policy Act (NEPA) process begins when a federal agency develops a proposal to take a major federal action. Federal action agencies follow these regulations (40 CFR Parts 1500-1508) during the NEPA process to identify and assess the reasonable alternatives to proposed actions that avoid or minimize adverse effects of these actions upon the quality of the human environment through either an Environmental Assessment or an Environmental Impact Statement. Official websites use .gov LockA locked padlock National Environmental Policy Act EPA plays a unique role in the National Environmental Policy Act (NEPA) process. JavaScript appears to be disabled on this computer. Add the date to the sample using the Date tool. NEPA is a brief and high-level law. BSEE and BOEM consult, coordinate, and collaborate with governmental entities, stakeholders, and the public to gather feedback and information to assist with informed decision making and minimizing impacts of activities on the OCS. For more information, please click on the links below: The following documents guide BSEE in its implementation of NEPA: Bureau of Safety and Environmental Enforcement, Promoting Safety, Protecting the Environment and Conserving Offshore Resources, Conventional Offshore Energy Approval Process, Safety and Environmental Management Systems, Establishment of the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement, and the Office of Natural Resources Revenue, CEQ NEPA Implementing Regulations Desk Reference (May 2022), BOEM/BSEE MOA regarding NEPA and Environmental Compliance - 2018, DOI Department Manual Chapter 15 Managing the NEPA ProcessMinerals Management Service 516 DM 15, Government Initiated Deployment Exercises of Oil Spill Response Equipment in the Southern California Planning Area PEA/FONSI (April 2018), Platform Heritage FONSI & Final EA: ExxonMobil Proposal to Install Impressed Current Cathodic Protection System (2008), Structure-Removal Operations of the Gulf of Mexico Outer Continental Shelf (OCS EIS/EA MMS 2005-013), Platform Edith to Platform Elly Power Cable Installation EA, Platform Edith to Platform Elly Power Cable Installation FONSI. This guide is designed to aid prospective and current bowers navigating the various federal requirements under the program. Then you must determine if the action is statutorily excluded from NEPA. If an area has been NEPA cleared for one action, it doesn't mean that it has been cleared for others on the same ground. The purpose of the functional equivalence exemption is avoidance of repetitious analysis in a decision making process that functions in an equivalent way to the NEPA process. Section 511(c) of the Clean Water Actexemptsmost EPA actions under the Clean Water Actfrom the requirements of NEPA. National Environmental Policy Act Anatomy of an Environmental Assessment Possible Consequences of Not Following NEPA Process Samples and Templates Sample Project Descriptions Sample Public Notices Evaluation Sheet Template Scoping Checklist Template Formatting Environmental Documents View Existing EAs and Public Notices The NEPA Staff Welcomes You. However, if significant impacts are likely, BJA will issue a Notice of Intent (NOI) to prepare an Environmental Impact Statement. Findings of No Significant Impacts (FONSI). Official websites use .gov . The purpose of this Checklist is to provide the Los Angeles District of the U.S. Army Corps of Engineers (USACE-SPL) sufficient information to determine if a Categorical Exclusion is legally. Before FEMA can fund or implement an action that may effect the environment, agency decision-makers must study the potential impacts that the proposed action and alternatives will have on the human and natural environment, and make that information available to the public. water and wastewater infrastructure projects funded under the Water Infrastructure Finance and Innovation Act of 2014, EPA-issued National Pollutant Discharge Elimination System (NPDES) permits for "new sources" as defined in Section 306 of the Clean Water Act, and.

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