nepa compliance checklist

Here are some tips to successfully complete the NEPA process. BJA will review the final EA and, if warranted, issue a FONSI. The BJA NEPA Coordinator will determine if a supplemental NEPA analysis is needed. BJA has its own list of approved CATEXs. Categorical exclusions are categories of actions that DOE has determined, by regulation, do not individually or cumulatively have a significant effect on the human environment and for which, therefore, neither an environmental assessment nor an environmental impact statement normally is required. NEPA established the President's Council on Environmental Quality (CEQ), whose regulations establish general procedures for NEPA compliance that apply to all . Changing NEPA itself, however, is significant in that it requires an act of Congress. The range of actions covered by NEPA is broad and includes: making decisions on permit applications, adopting federal land management actions . BJA will notify you of this requirement. 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. The EA determines whether or not a federal action has the potential to cause significant environmental effects. In 1979, the established uniform guidelines for implementing the procedural provisions of NEPA. ENVIRONMENTAL COMPLIANCE | Department of Energy 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. 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 ). What is the National Environmental Policy Act? | US EPA EPA is charged under Section 309 of the Clean Air Act to review the environmental impact statements (EIS) of other federal agencies and tocommenton the adequacy andthe acceptability of the environmental impacts of the proposed action. Watershed Management Program Final EIS. The National Environmental Policy Act (NEPA) was signed into law in 1970 to promote efforts that prevent or eliminate damage to the environment [42 U.S. Code 4321- 4347]. Share sensitive information only on official, secure websites. If the agency determines that the action will not have significant environmental impacts, the agency will issue a Finding of No Significant Impact (FONSI). The National Environmental Policy Act (NEPA) was signed into law on January 1, 1970. NEPA also applies to BJA decisions on whether to fund projects, and therefore information submitted with the application will be used to start the NEPA review. If your project changes, subsequent to completion of NEPA compliance but prior to implementation, contact BJA. Thegoal ofNEPAreviewprocess istoensurethat informationaboutenvironmental impacts is available to decision makers and the public beforefinaldecisions are made. BOEM conducts the necessary NEPA analyses to address the major federal actions of both agencies with BSEE acting as a cooperating agency. 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. Have a . Mitigation and monitoring measures are applied as conditions of approval to permits and other BSEE actions. NEPA is typically referred to as an umbrella statute because it encourages agencies to incorporate other environmental and historic preservation requirements into one analysis for a streamlined decision-making process. Tribal Transportation Program Environment | FHWA The first step in the NEPA environmental review process is to identify the proposed action. Adopted Categorical Exclusion Determinations, The CEQ NEPA regulations (40 CFR 1506.3(d)) state that "An agency may adopt another agency's determination that a categorical exclusion applies to a proposed action if the action covered by the original categorical exclusion determination and the adoption agency's proposed action are substantially the same. NEPA at BSEE. PDF United States Government Department memorandum - Department of Energy We have resources to help you complete an environmental assessment. 793 (c) (1)) exempts all EPA actions under the Clean Air Act from the requirements . 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. If BJA determines that there will be a significant impact, an EIS will be needed. NEPA COMPLIANCE CHECKLIST Project Name: Extraordinary Circumstances (check all that apply below) Yes No 99 1. The Bureau of Indian Affairs (BIA) is primary federal entity responsible for National Environmental Policy Act (NEPA) compliance on Indian trust lands. The MOA establishes the Bureaus roles and outlines the necessary coordination of the Bureaus environmental review and enforcement processes required to conduct energy and resource activities on the OCS. NEPA Assessment & Compliance Services | Partner ESI U.S. Department of the Interior. NEPA requires, to the fullest extent possible, that the policies, regulations, and laws of the Federal Government be interpreted and administered in accordance . September 9, 2019 NIJ Grants Program Checklists provide a method for ensuring that the projects NIJ is considering for funding do not have any unique characteristics that would create the potential for significant environmental impacts. Environmental Policy Act (NEPA) Regulations (57 FR 15144, Apr. Afederal agency can determine that a Categorical Exclusion (CATEX)does not apply to a proposed action. DOE's categorical exclusions are listed in Appendices A and B to Subpart D of its NEPA regulations,10 CFR Part 1021. A .gov website belongs to an official government organization in the United States. The Department of the Interiors list of CEQ approved CEs are outlined in43 CFR 46.210and the extraordinary circumstances are listed under43 CFR 46.215. What happens if NEPA compliance is completed and the project changes? and should be discussed in the same NEPA document. A lock ( If any public comments are submitted, respond to comments and submit the Final EA to the BJA NEPA Coordinator. NEPA does not apply to the President, to Congress, or to the Federal courts.4 Because NEPA implementation is an important responsibility of the Federal Government, many Add the date to the sample using the Date tool. CATEX determinations are a type of NEPA compliance, not an exemption from NEPA. e.g timber harvest and site preparation for planting. The Department has broad responsibilities to manage Federal lands and resources for the publics benefit. NEPA requirements for Interior projects are determined by pollution control and environmental protection statutes, federal regulations, Executive Orders, Secretarial Orders, and Departmental Manuals. NEPA Compliance | Bureau of Safety and Environmental Enforcement Have highly uncertain and potentially significant environmental effects or involve unique or unknown environmental risks. Then you must determine if the action is statutorily excluded from NEPA. 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. & D p L l :. The Office of NEPA Policy and Compliance makes guidance and requirement documents available to the NEPA community to ensure that the Department's proposed actions comply with the National Environmental Policy Act, and to assist the interested public in reviewing NEPA documents. This document usually provides more detailed and rigorous analysis than an EA and provides for formal public involvement. The National Environmental Policy Act (NEPA) was signed into law in 1970 to promote efforts that prevent or eliminate damage to the environment. The reason for the exclusion is generally detailed in NEPA procedures adopted by each federal agency. Secure .gov websites use HTTPS National Environmental Policy Act (NEPA) - Home - US Forest Service An official website of the United States government. BJA technical assistance providers may also perform a quality review of the EA and work with you to publish the draft EA for public comment. If the EA determines that the environmental impacts of a proposed Federal action will be significant, an Environmental Impact Statement is prepared. National Environmental Policy Act regulations allow federal . The Division of Environmental Services and Cultural Resources Management coordinates the NEPA review process for American Indian and Alaska Native lands. Both the Department and the Council on Environmental Quality (CEQ)have issued regulations to implement NEPA. The environmental review under NEPA can involve three different levels of analysis: Categorical Exclusion determination (CATEX) A lock ( [NEPA Section 102(2)(E)]. NEPA COMPLIANCE CHECKLIST State: Grant/Project Name: Federal Financial Assistance Grant/Agreement/Amendment Number: This proposal 9 is; 9 is not completely covered by categorical exclusion _____ in 516 DM 2, Appendix _____; and/or 516 DM 6, Appendix _____. National Environmental Policy Act (NEPA) Compliance Official websites use .gov An EIS is concluded with a decision document, the Record of Decision (ROD), that provides for an explanation of the reasons for selecting a particular action and environmental mitigation associated with that action. TheDivision of Environmental Services and Cultural Resources Management(DESCRM) can help to support and answer questions about the environment review process on Native land. ) or https:// means youve safely connected to the .gov website. To see a list of available NEPA documents by type and sorted by publication date, click on the links below. 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. If no significant impacts or controversy exist, then the EA is written with a Finding of No Significant Impact (FONSI) and agency action occurs. EPA has responsibility to prepare its own NEPA documents for compliance. EPA Compliance with the National Environmental Policy Act NEPA Documents | Department of Energy If a CATEX or the existing PEA does not apply, an EA will be required for your project. Select the Sign icon and create an e-signature. There areveryfewactionsthatare exempt fromaNEPAreview. Fax: 202-305-1367Email, National Historic Preservation Act Section 106, Executive Order 11988, Floodplain Management, Executive Order 13690, Flood Risk Management Standard. NEPA checklists and assessments look at a range of areas that could be potentially impacted by a government action such as: The NEPA compliance . To see documents not electronically available to the public see theSecure NEPA Documentspage for more information. CATEX lists are developed by each federal agency through their NEPA implementing procedures and must be formally approved by the White House Council on Environmental Quality (CEQ). Initiativesaffecting the environment onTriballands often require the approval of both BIA andtribal governments. Occasionally, DOE may publish an NOI to announce its intention to prepare an environmental assessment. Please click here to see any active alerts. NEPA Compliance Officers meeting in February 1994. If after analysis and public comment, no significant impacts are found or mitigation can avoid or minimize the impacts below the level of significance, BJA can issue a Finding Of No Significant Impact (FONSI), which allows the project to begin. White House Council on Native American Affairs, National Environmental Policy Act (NEPA) Compliance. The National Environmental Policy Act (NEPA) directs federal agencies to thoroughly assess the environmental consequences of "major federal actions significantly affecting the environment." Because BJA must make a decision as to whether to fund your project, NEPA applies. A lock The U.S. regulations for implementing NEPA. Environmental Review Guide for Special Appropriation Grants, Procedures for Implementing the Requirements of the Council on Environmental Quality on the National Environmental Policy Act (40 CFR Part 6), Statement of Policy for Voluntary Preparation of National Environmental Policy Act (NEPA) Documents (PDF), Environmental Impact Statement (EIS) Database. 1000 Independence Avenue, S.W. 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. National Environmental Policy Act (NEPA) | U.S. Department of the Interior If technical assistance providers are not developing the EA for your project . DOE prepares an SEA for certain emergency situations that demand immediate action. Requirements & Guidance for DOI NEPA requirements for Interior projects are determined by pollution control and environmental protection statutes, federal regulations, Executive Orders, Secretarial Orders, and Departmental Manuals. Section 511(c) of the Clean Water Actexemptsmost EPA actions under the Clean Water Actfrom the requirements of NEPA. 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). This guide is designed to aid prospective and current bowers navigating the various federal requirements under the program. This process helps to ensure that reasonable alternatives and mitigation measures have been considered and implemented where possible. 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[1] and the related social and economic effects. Get to Know NEPA and Get Federal Infrastructure Projects Moving Documents listed in this section are available to members of the public. Here are some tips to successfully complete the NEPA process. 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. If extraordinary circumstances do exist, then you must do an environmental assessment (EA). PDF Categorical Exclusion Determination NEPA: NIJ Grants Program Checklist and Instructions National Environmental Policy Act EPA plays a unique role in the National Environmental Policy Act (NEPA) process. The National Environmental Policy Act (NEPA) requires that all Federal The National Environmental Policy Act requires that all federal agencies use a systematic, interdisciplinary approach to protect the human environment; this approach works to ensure the integrated use of the natural and social sciences in any planning and decision-making that may have an impact upon the environment. 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. NEPA is a federal law that applies to decisions BJA makes about whether or not to fund a project. Federal agencies are required to establish and identify any extraordinary circumstances under which the CE might have a significant effect, requiring review under an EA or EIS. NEPA's procedural requirements apply to all Federal agencies in the executive branch and some Federal boards, commissions, independent agencies, and committees. Washington, DC 20585 Secure .gov websites use HTTPS A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. NEPA is typically referred to as an "umbrella" statute because it encourages agencies to incorporate other environmental and historic preservation requirements into one analysis for a streamlined decision-making process. U.S. Department of Transportation Interim Policy on Page Limits for NEPA Documents and Focused Analyses, August 2019 The CEQ requirements under 40 CFR 1501.4 also allow federal agencies to categorically exclude certain proposed actions from additional NEPA analyses under an EA and/or EIS if it is determined that the proposed action would not have a significant effect on the human environment (individually or cumulatively). Official websites use .gov National Environmental Policy Act Review Process | US EPA 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. NEPA-related documents and notices such as notices of availability, cancellation, and comment period extension; and interim action determinations. 9 9 4. Review your award package and especially any specific instructions for NEPA compliance. PDF Section 408 Permission Nepa Compliance Submittal Checklist When the draft EA is approved by BJA, it will be made publicly available for a minimum of a 30-day public comment period. For a detailed explanation read 40 CFR Part 1502. U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240. An EIS includes a discussion of the range of reasonable alternatives that were studied and documents the potential impacts . If significant impacts or controversy exist then you must do an environmental impact statement (EIS). 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. ) or https:// means youve safely connected to the .gov website. 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. > ` bjbj U/ xb O 6 6 6 F V V V T j F . 40 CFR 1508.25 (a)(1). National Environmental Policy Act | US EPA Share sensitive information only on official, secure websites.. However, if significant impacts are likely, BJA will issue a Notice of Intent (NOI) to prepare an Environmental Impact Statement. National Environmental Policy Act | FEMA.gov COVID-19 Updates and Information Following guidance from the White House, Centers for Disease Control and Prevention An official website of the United States government. A .gov website belongs to an official government organization in the United States. When this occurs, you must notify the BJA NEPA Coordinator and provide information on how the project scope has changed. NEPA Environmental Assessment Checklist [Environmental Review Guide HUD CPD 782, 24 CFR 58.40; Ref. The ROD: describes the alternatives the agency considered, and. 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. 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. (LockA locked padlock) 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. Checklist questions are based on NEPA, the Council on EnvironmentalQuality (CEQ)NEPARegulations(40CFR Parts1500-1508),DOENEPA The NEPA process aims to study and disclose the significant impacts a proposed action may have on the quality of the human environment. 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 a project involves any of the circumstances listed below, it is likely that NEPA documentation will be required: What activities typically do not "trigger" the need for NEPA documentation? NOAA's NEPA compliance is guided by the National Environmental Policy Act of 1969, the White House Council on Environmental Quality's Regulations for Implementing NEPA, and the revised . National Environmental Policy Act (NEPA) Enter relevant base data and verifiable source documentation to support the finding. JavaScript appears to be disabled on this computer. As a federally-funded program, NEPA applies to Tribal Transportation Program projects, as codified by regulation in 25 CFR 170.450. 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). The NOAA NEPA Coordinator and staff provide information, training, and advice to staff across the agency in order to ensure NOAA's compliance with NEPA. These documents are prepared in accordance with the National Environmental Policy Act (NEPA), which requires all federal agencies to consider potential environmental consequences from a wide array of proposed major Federal actions before decisions are made and actions are taken. 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. Because of this, CEQ developed NEPA implementing regulations and various guidance documents to provide clarity and to guide agencies in NEPA compliance.

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