National Environmental Policy Act

Authorities: 42 U.S.C. �4321 et seq.: National Environmental Policy Act of 1969; 40 CFR 1500: Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act. Jurisdiction: Projects or programs requiring a federal agency action. Applicability: Federal agencies must evaluate the environmental effects and alternatives to the proposed action or program. Regulatory The National Environmental Policy Act (NEPA) established environmental protection as a national policy goal and directed all federal agencies to consider the environmental consequences of their projects and permitting actions. The NEPA review provides opportunities for integration of national environmental policy into project planning; public and agency review of potential environmental effects of federal actions (including issuance of federal permits) and programs; coordinated and inter-disciplinary program planning; and resolution of disputes among agencies. Most federal agencies have promulgated regulations governing the incorporation of NEPA's reviews into their programs. Review Process: NEPA set up a system for formal evaluation of environmental impacts of the actions of federal agencies, the centerpiece of which is the Environmental Impact Statement (EIS). This document includes an analysis of alternatives to the proposed action, a discussion of impacts from the proposed action, and disclosure of any irretrievable commitment of resources. Typically, a federal agency with an action on a project will prepare an Environmental Assessment (EA). Following publication in the Federal Register and a comment period, the agency will either issue a Finding of No Significant Impact (FONSI) or will decide to prepare an EIS to more fully examine alternatives, impacts, and mitigation. One federal agency is usually designated as the "lead" agency, and this agency will prepare the EIS. Other federal and state agencies may play an official role in preparation by becoming "cooperating" agencies with the lead agency. At the completion of the EIS process, the lead agency issues a Record of Decision making environmental findings. Forms: NEPA regulations at 40 CFR 1502.10: Recommended format, includes an outline for an EIS. Fees Project proponents are likely to be asked to contribute to the cost of preparation of the EIS. Website: www.whitehouse.gov/ceq/. Contact: The lead federal agency is the point of contact for a NEPA review process.