Brief History
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]. NEPA applies to all major federal actions, including awarding funds to applicants for federal assistance. 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. NEPA must be completed as early as possible in any given decision-making process.
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.
What are the Types of NEPA Analysis?
Categorical Exclusions (CATEXs)
CATEXs are a category of actions which do not individually or cumulatively have a significant effect on the human environment. CATEX determinations are a type of NEPA compliance, not an exemption from NEPA. 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). BJA has its own list of approved CATEXs.
If extraordinary circumstances exist and cannot be mitigated, a CATEX will not be issued. The following factors are considered when determining whether extraordinary circumstances exist, such that an activity may not be categorically excluded from further NEPA review:
- 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;
- Involves uncertain risks or 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
- Whether the activity is contrary to or otherwise unaligned with existing local or state plans or zoning requirements.
Environmental Assessments (EAs)
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. 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. This process helps to ensure that reasonable alternatives and mitigation measures have been considered and implemented where possible. However, if significant impacts are likely, BJA will issue a Notice of Intent (NOI) to prepare an Environmental Impact Statement.
Environmental Impact Statements (EISs)
An EIS is a more extensive review that analyzes and documents the impact the action and reasonable alternatives will have on the environment. Following the analysis and a mandatory 45-day public comment period, a Record of Decision (ROD) is prepared which outlines the necessary actions that must be taken by the agency and the decision as to whether or not to proceed with the proposal or one of the alternatives considered in the analysis.
Resources
Contact Information
Phone: 202–616–6500
Email