The White House Council on Environmental Quality (CEQ) will be holding consultations on their proposed revised NEPA regulations (the Bipartisan Permitting Reform Implementation Rule, a.k.a. the Phase 2 rule). The proposed rule includes a few important Tribal provisions, including ones related to incorporation of Indigenous Knowledge into environmental reviews, consideration of reserved rights in environmental reviews, and an exclusion from NEPA review for certain actions approved by Tribes on Tribal trust lands.

CEQ proposes a number of changes to provide for meaningful public engagement including a variety of provisions related to Tribal rights, engagement, and consultation. They also propose a new exclusion for activities or decisions for projects approved by a Tribal Nation that occur on or involve land held in trust when the activities involve no Federal funding or other Federal involvement.

Details of all proposals can be found in the Dear Tribal Leader Letter below, and the proposed rule in the Federal Register can be viewed here.

Date: Wednesday, 6 September, 2023
Time: 1:00pm-3:00pm EDT
Location: Virtual
Register Closed

Date: Tuesday, 12 September, 2023
Time: 3:00pm- 5:00pm EDT
Location: Virtual
Register Closed

Please note: instructions for written commentary are detailed in the DTLL. Please provide them by the suspense date of September 29, 2023. If you have any questions regarding this effort, please feel free to contact Megan Healy, Deputy Director for NEPA,, or 202-456-4296.

DTLL | Summary Phase 2 Proposed Rule

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