National Environmental Policy Act (NEPA) Compliance

NEPA is a law that requires Federal agencies to assess the environmental effects of proposed major Federal actions prior to making decisions. This assessment is referred to as the “NEPA review process.” Actions that undergo NEPA review are referred to as “proposed federal actions.” NEPA ensures agencies consider the significant environmental consequences of their proposed actions and inform the public about their decision making. (NEPA.gov)

Most activities or project proposals that use, develop, or repurpose resources require NEPA compliance. Activities and projects that require NEPA compliance may include but are not limited to:

• Infrastructure development such as construction of roadways and right-of-way easements, drinking water or irrigation projects, power lines, and broadband internet projects;
• Permit applications for activities such as livestock grazing and energy and mineral development;
• Realty transactions such as lease acquisitions, gift deeds, and fee-to-trust land acquisitions; and
• Environmental restoration projects.

A NEPA compliance review request can be made by a Bureau of Indian Affairs (BIA) office; another federal, state or local agency; a Tribal government or individual Tribal member; or a private individual or corporation. 

BIA and NEPA

The BIA the primary federal entity responsible for ensuring compliance with NEPA for BIA Federal actions (activities and projects) that may affect the environment. The responsible official for NEPA compliance is the BIA regional office or agency that is directly responsible for funding, developing, or approving a proposed federal action.

Visit Initiating the NEPA Review Process to learn how to determine whether your activity or project includes a proposed federal action that requires NEPA compliance and, if required, what documents you must provide with your NEPA compliance review request. 

The Department of the Interior (DOI) is updating and partially rescinding its regulations on implementation of NEPA. DOI maintains the majority of its NEPA procedures in a handbook separate from the Code of Federal Regulations. DOI is issuing an interim final rule requesting comments on these actions. To view the interim final rule, the Handbook, and its Appendices, visit the Department's NEPA Handbook website.

Tribal Governments and NEPA

Tribal governments are partners in the NEPA process and have substantial authority through their retained Tribal sovereignty for environmental protection on lands within their jurisdiction. 

Initiatives affecting the environment on American Indian and Alaska Native trust and restricted lands often require the approval of both the BIA and Tribal governments. They may also require cooperation with local, state, and other federal agencies. Obtaining Tribal consent before submitting your NEPA compliance review request can help ensure that your supporting documentation is complete and correct.

Contacting the Regional Environmental Scientist at the beginning of your NEPA process can help ensure that your NEPA compliance review request is complete and correct. Submitting a complete review request allows it to be processed as quickly as possible. Visit Initiating the NEPA Review Process to learn more.

For questions and assistance regarding NEPA compliance, contact the Regional Environmental Scientist corresponding to your activity or project’s region as listed in the table below.

You may also contact the Division of Environmental Services and Cultural Resource Management (DESCRM) for questions and assistance regarding NEPA compliance review requests.