The regulations apply to the whole of section 1022. 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. 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. Practitioners handbook on preparing highquality nepa documents. The use of mandatory terminology such as must and required is intended to describe controlling requirements under the terms of nepa and the ceq regulations, but this document does not establish legally binding requirements in and of itself. The council on environmental quality ceq issued regulations for federal agencies to implement nepa in 1978. Emergency alternative arrangements under the national environmental policy act 1. Ceq regulations for implementing the procedural provisions.
About the council on environmental quality ceq coordinates federal environmental efforts and works closely with. Guidance national environmental policy act department of energy. 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. The executive order directs the council on environmental quality ceq to undertake a number of actions. Ceq states in the preamble that the proposed regulations ceq expects that for actions that protect or restore the environment, without unresolved conflicts concerning alternative use of. Departmental manual the referenced chapter from part 516 of the dm is in. The national environmental policy act nepa is the foundation of modern american environmental protection.
Ceqs nepa regulations are the cornerstone of the federal governments. Fish and wildlife service service is adding a categorical exclusion ce under. Ceq s proposal to modernize its nepa implementing regulations on january 9. The ceq regulations apply uniformly and are binding on all federal agencies and direct agencies to adopt implementing procedures which relate the ceq regulations to the specific needs of each agencys programs and operating procedures.
A full version of ceq s foia regulations begin on page six of this handbook. Categorical exclusion for listing species as injurious wildlife. B describes the history of ceqs regulations implementing nepa and provides an overview of ceqs numerous guidance documents. The ceq regulations direct agencies to encourage and facilitate public involvement in the nepa process to the fullest extent possible 40 cfr 1500. 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 impact statements, and adopted in the final decision documents. For eas, ceq proposes new regulatory language that is intended to provide more detailed direction for eas and their scope. If ceq intends to incorporate this standard into the nepa regulations, then it should do so with greater precision and clarity. The ceq is extending the comment period on the anprm. Front cover photograph of john heinz national wildlife. Be it enacted by the senate and house of representatives of the united states of america in. Front cover photograph of john heinz national wildlife refuge at tinicum by john and karen hollingsworth. Nepa and ceqa governors office of planning and research. Ceq promulgated its regulations for implementing the national environmental policy act nepa on november 29, 1978 see 43 fr 55978. Council on environmental quality ceq issued revised draft guidance to provide federal agencies direction on when and how to consider the effects of greenhouse gas ghg emissions and climate change in their evaluation of all proposed federal actions in accordance with nepa and the ceq regulations.
While united states conservation efforts began more than one hundred years ago, and continued throughout the twentieth century, nepa focused environmental concerns within a comprehensive national policy. Regulations for implementing the procedural provisions of. Impact statements, and adopted in the final decision documents. Parts 15001508 require each federal agency to describe and promulgate procedures which will carry out the requirements of nepa. Congress assembled, that this act may be cited as the national. Cumulative impacts, however, are not often fully addressed in nepa documents due to the difficulty in understanding the complexities of these impacts, a lack of available information on their consequences, and the desire to limit the scope of environmental analysis. Update to the regulations for implementing the procedural. Ceq has not comprehensively updated these regulations in over 40 years, and has made only one limited substantive amendment in 1986. Actions called for by executive order 807 will guide federal agency efforts to. Frequently asked questions categorical exclusion for. Where emergency circumstances make it necessary to take an action with significant environmental impact without observing the provisions of these regulations, the federal agency. 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.
Eo 11991 1977 amended eo 11514, directing ceq to issue regulations to federal agencies for the implementation of the procedural provisions of the act and requiring agencies to comply with ceq s regulations. Ceq has proposed to repeal and replace the entire set of nepa regulations with new parts 1500 1508 of title 40 of the code of federal regulations. Ceq regulations should clearly state that a nepa document need only analyze one alternative in detail if there are no other reasonable alternatives. 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. Ceqenvironmental justice guidance under the national. Council on environmental quality ceq regulations ceq, 1987. Department of the treasurys national environmental policy.
The ceq should ensure that the regulations reflect variation in legal requirements applicable to different federal agencies and project types. Finally, we note that ceq is also soliciting comment on whether it should affirmatively state that consideration of indirect effects is. Ceq nepa regulations national environmental policy act. Council on environmental quality, regulations for implementing the procedural provisions of the. Council on environmental quality to take action to enhance. Epafinal guidance for incorporating ej concerns in epas nepa.
Agencies council on environmental quality federal register. The national environmental policy act of 1969, as amended. Update to the regulations implementing the procedural provisions of the national environmental policy act. Final guidance for federal departments and agencies on. The nepa manual includes guidance on quality assurancequality control. If adopted, the new regulations will govern all nepa practice not limited to infrastructure across the federal government. The national environmental policy act nepa of 1969 p. The final regulations governing the implementation of nepa were originally published in. Ceq nepa regulations ceq promulgated its nepa implementing regulations in 1978 and made one substantive change in 1986 revised. The council on environmental quality ceq is considering updating its implementing regulations for the procedural provisions of the national environmental policy act nepa. 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. Council on environmental quality ceq and epa require that socioeconomic. Guidance on the use of combined feisrod and errata.
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. Practitioners guide to the proposed nepa regulations. Ceq regulations for implementing the procedural provisions of the national environmental policy act, 40 c. Ceq regulations for implementing the procedural provisions of nepa. National environmental policy act nepa and the ceq regulations. Federal register initial list of actions to enhance and. The agency rules on this site are not the official version. Nepa national environmental policy act categorical. 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. National environmental policy act nepa to proposed federal actions. Ceqs national environmental policy act regulations. Over the past four decades, ceq has issued numerous guidance documents but has amended its regulations substantively only once. The council on environmental quality ceq has oversight of the federal governments. A citizens guide to the nepa having your voice heard december 2007.
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