Ceq promulgated its regulations for implementing the national environmental policy act nepa on november 29, 1978 see 43 fr 55978. Nepa established the ceq in the executive office of the president. The council on environmental quality, as part of its oversight of implementation of the national environmental policy act, held meetings in the ten federal regions with federal, state, and local officials to discuss administration of the implementing regulations. Purpose of the nepa reference handbook the purpose of the nepa reference handbook, as authorized in 505 fw1.
Agencies council on environmental quality federal register. Summary of archaeology report retain the entire report in the project file but do not include in the ce. Ceq issued such regulations in 1978 and they became effective in 1979 43 fed. These regulations are issued pursuant to nepa, the environmental quality improvement. The agency rules on this site are not the official version. Council on environmental quality ceq regulations, guidance. Inherent in nepa and the ceq regulations is a rule of reason that allows agencies to determine, based on their expertise and experience, how to consider an environmental effect and prepare an analysis based on the available information. This handbook is intended primarily for projects in. The council on environmental quality ceq initially issued guidelines for implementing nepa in 1970, revised those guidelines in 1973, and subsequently promulgated its nepa. Ceq processes foia requests in accordance with its regulations for implementing foia 40 c.
Ceq nepa regulations national environmental policy act. Cei comments on proposed updated nepa procedural regulations. The environmental quality improvement act of 1970 42 u. This handbook provides the public with information about how to submit a request to the council on environmental quality ceq for agency records under the freedom of information act foia, 5 u. Ceq memorandum dated 6 march 2012 for heads of federal. National environmental policy act the wildlife society. Pdf files posted to enepa can be no larger than 50mb. Affected stakeholders often file a lawsuit to challenge agency compliance with nepawhich can. The national environmental policy act nepa staff supports the forest services compliance with the environmental laws and regulations that guide management of the lands and resources of the national forest system. If files exceed 50mb limit, fhwa will notify the sender to compress or divide the file as needed then resubmit. Added a sentence clarifying that the plan approval document required by 36 cfr 219. Mary neumayr, chair council on environmental quality 730 jackson place, n. Council on environmental quality 730 jackson place nw washington, dc 20503 re.
Commopinionorder, 75 ferc 61,208, nondiscriminatory. Published na year signed or took effect not provided legal citation not provided. The council on environmental quality ceq was established within the executive office of the president by the national environmental policy act of 1969 nepa 42 u. Ceqs proposed rule would incorporate elements of the one federal decision policy, codify certain case law and ceq guidance, revise the regulations to reflect current technologies and agency practices, eliminate obsolete provisions, and improve the format and readability of the regulations. National environmental policy act congress passed the national environmental policy act nepa in 1969 in response to increasing public concern in the 1950s and 1960s about the effects of human activity on the environment. Environmental process notices puerto rico division. Parts 15001508 require each federal agency to describe and promulgate procedures which will carry out the requirements of nepa. Ceq accepts applications from prospective clerks on a rolling basis. Department of transportation questions and answers on the adoption of nepa documents question 1. The forest service nepa procedures rule places forest service procedures for implementing nepa in the code of federal regulations cfrs. Guidance on the use of combined feisrod and errata.
Ceqs nepa regulations to reflect their respective decisionmaking authorities. The council on environmental quality ceq regulations implementing nepa may be found at. As stated in executive order 11991, the purpose of the. National environmental policy act nepa to identify changes. Council on environmental quality ceq nepa regulations. Overview of ceq guidance on greenhouse gases and climate. Federal register agencies council on environmental quality. The council on environmental quality ceq is considering updating its implementing regulations for the procedural provisions of the national environmental policy act nepa. Over the past four decades, ceq has issued numerous guidance documents but has amended its regulations substantively only once. Ceq transboundary guidance agencies have expressed concern about the availability of information that would be adequate to comply with nepa standards that have been developed through the ceq regulations and through judicial decisions. Guidance on the use of combined feisrod and errata sheets in. Overview of ceq guidance on greenhouse gases and climate change. The national environmental policy act nepa of 1969 p.
Appendix 2 of this handbook contains a copy of these regulations. The council on environmental quality ceq has submitted an advance notice of proposed rulemaking anprm titled update to the regulations for implementing the procedural provisions of the national. Fhwa will not be responsible for compressing or dividing files to meet 50mb maximum size. On may, 1996, the administrator of the environmental protection agency epa referred to the council on environmental quality ceq, pursuant to section 309 of the clean air act, 42 u. Questions and answers about the final nepa procedures. Review existing ceq regulations implementing the procedural provisions of the. Should the provisions in ceqs nepa regulations that relate to the format and page length of nepa documents and time limits for completion be revised, and if so. What is the purpose of the nepa procedures final rule. It was designed to ensure that agencies establish and use categorical exclusions appropriately and transparently.
National environmental policy act congress passed the national environmental policy act nepa in 1969 in response to increasing public concern in the 1950s and 1960s about. The guidance recommends best practices for appropriate use of categorical exclusions and was developed as part of ceqs effort to modernize and reinvigorate federal agency implementation of nepa. On january 9, 2020, the council on environmental quality ceq proposed major changes to national environmental policy act nepa regulations originally issued more than four decades ago. Maintaining a project file and preparing an administrative record for a nepa study 3 requirement to prepare. Council of environmental quality update to the regulations. Upload file developer services openei is developed and maintained by the national renewable energy laboratory with funding and support from the u. Should the provisions in ceq s nepa regulations that relate to the format and page length of nepa documents and time limits for completion be revised, and if so. Mar 10, 2020 view full document as pdf docket id no. Agencies do have a responsibility to undertake a reasonable search for. August 20, 2018 associate director for the national. The forest service nepa procedures encourage public involvement and access to project planning and.
The council on environmental quality, as part of its oversight of. Ceq regulations for implementing the procedural provisions of. When the term resource or environmental resource is used, it should be understood to mean an element of the human environment. If the document is larger, please divide it into chapters or subchapters, as necessary. The council on environmental quality ceq regulations implementing nepa allow the use of errata sheets attached to the deis in lieu of a traditional feis 40 cfr 1503. Ceq regulations for implementing the procedural provisions of nepa. The regulations apply to the whole of section 1022. Ceqenvironmental justice guidance under the national.
Section 706 of the administrative procedure act apa directs federal courts evaluating the. The council on environmental quality ceq initially issued guidelines for implementing nepa in 1970, revised those guidelines in 1973, and subsequently promulgated its nepa implementing regulations in 1978. Categories requiring a project file and decision memo. Fish and wildlife service nepa reference handbook table of. They appear as they were submitted to the texas register, and contain minor stylistic differences from the official version of the rules, which are maintained by the secretary of state in the texas administrative code. It then provided more detail on when and how to do so in its 2010 and 2014 guidance. Legal document secondary legal source secondary legal source. Update to the regulations implementing the procedural provisions of the national environmental policy act. Revised directiveconcerningno surprises litigation june 28, 2004 3 pages. Reporting report data or file a complaint publications.
It was designed to ensure that agencies establish and. Fish and wildlife service nepa reference handbook table of contents. The ceq regulations explicitly discusses agency responsibility towards interested and affected parties at 40 cfr 1506. Guidance national environmental policy act department of energy. The ceq is extending the comment period on the anprm. Practitioners handbook on preparing highquality nepa documents. Ceq regulations should clearly state that a nepa document need only analyze one alternative in detail if there are no other reasonable alternatives.
The provisions of the act and of these regulations must be read together as a whole in order to comply with the spirit and letter of the law. Ceq seeks input on potential revisions to nepa regulations. Improving the quality of environmental documents center for. Environmental protection agencys epas office of federal activities prepared this guidance document with the technical assistance of booz allen hamilton, in partial fulfillment of epa contract 68w03030, task order 007. Nepa national environmental policy act categorical.
Environmental protection agencys epas office of federal activities prepared this guidance document with the technical assistance of booz allen hamilton, in. The human environment includes the natural and physical environment and the. President, the federal agencies, and the courts share responsibility for enforcing the act so as to achieve the substantive requirements of. Advance notice of proposed rulemaking regarding an update to the regulations for implementing the procedural provisions of the national environmental policy act, docket ceq20180001 dear mr. The official site of the texas commission on environmental quality. The national environmental policy act of 1969, as amended. Ceq s proposed rule would incorporate elements of the one federal decision policy, codify certain case law and ceq guidance, revise the regulations to reflect current technologies and agency practices, eliminate obsolete provisions, and improve the format and readability of the regulations. Ceq s nepa regulations to reflect their respective decisionmaking authorities. The council on environmental quality ceq regulations implementing nepa may be found at 40 cfr 15001508, and fhwa regulations describing the policies and procedures for implementing nepa and the ceq regulations may be found at 23 cfr 771.
The epa filing system was created to provide an official log and public announcement of eiss received by epa and to guarantee that the requirements of nepa and the ceq regulations are satisfied. Thus, when a federal trustee proposes to take restoration actions under this part, it must. It is these regulations, which have as their basis the earlier guidelines, that specify the procedural requirements outlined. Forty most asked questions concerning ceqs national environmental policy act. Ceq regulations for implementing the procedural provisions. The white house council on environmental quality ceq has a competitive legal clerkship program and recruits clerks each spring, summer, and fall. Ceqs national environmental policy act regulations. The council on environmental quality ceq is issuing this guidance for federal departments and agencies on establishing, implementing, and monitoring mitigation commitments identified and analyzed in environmental assessments, environmental. To date, more than 100 nations around the world have enacted national environmental policies modeled after nepa.
Department of transportation questions and answers on. Ceq will contact selected applications to interview. The project file should document the process, such as the process to screen alternatives or resources, any decisions to be carried forward. The national environmental policy act nepa is a united states environmental law that promotes the enhancement of the environment and established the presidents council on environmental quality ceq. The ceq promulgated the regulations for implementing the procedural provisions of nepa 40 cfr parts 15001508. Nepa or the act except where compliance would be inconsistent with other statutory requirements.
172 1361 810 905 1180 741 987 810 117 211 1103 258 1178 842 1220 1200 725 127 564 454 1461 65 676 280 1412 992 583 894 129 1016 665 960 473 821 208 623