For activities or projects that require NEPA compliance, the level of NEPA review required depends on the potential environmental impact of any proposed federal actions. “Proposed federal actions” refer to actions in an activity or project proposal that require federal approval, funding, permitting, or decision-making.
There are three levels of NEPA compliance review:
- Categorical exclusion (CATEX, CE, or CX),
- Environmental assessment (EA), and
- Environmental impact statement (EIS).
The level of NEPA review determines the documents required by the NEPA compliance review request and the length of review and approval process. Visit Initiating the NEPA Review Process to learn more about documentation requirements and preparing to speak with a BIA NEPA professional.
Categorical Exclusion
The BIA has determined that certain proposed federal actions do not have environmental impact that significantly affect the environment, individually or cumulatively. The BIA considers these actions to be categorical exclusions (CEs).
- The BIA's CEs are listed in the DOI NEPA Handbook's Appendix 2, Section 10.5 BIA Categorical Exclusions
- A Responsible Official may rely on another agency's determination that a CE applies to a particular proposed action if the action covered by that determination and the bureau proposed action are substantially the same. The Responsible Official doesn't need to conduct the extraordinary circumstances review but must document this reliance. (43 CFR 46.205(e))
- BIA also may adopt CEs listed in other agency's NEPA procedures through the process outlined in NEPA Section 109, 42 U.S.C. § 4336c. These instructions are also included in the DOI NEPA Handbook, Section 1.4 Categorical Exclusions.
- CEQ's CE Explorer tool can help you search federal CEs across agencies that may potentially be adoptable.
If conditions exist that potentially affect a proposed federal action’s impact, the proposed federal action is not considered a categorical exclusion and requires the next level of NEPA review: an environmental assessment.
Required documents for this level of NEPA review vary by region and by activity or project.
To determine whether your activity or project requires a CE level of NEPA review and to receive further guidance on the supporting documentation required for your NEPA compliance review request, contact the Regional Environmental Scientist.
What to Expect after Submitting a Categorical Exclusion Exception Review Request
Once the BIA has completed its evaluation, you will receive the results regarding whether your activity or project’s proposed federal action meets the requirements to be considered a categorical exclusion, including a categorical exclusion exception review (CEER) checklist. Note: an updated CEER checklist will be coming soon.
If the proposed federal action does not meet the requirements to be considered a categorical exclusion, then you must contact the Regional Environmental Scientist to determine how to prepare for the appropriate level of NEPA review.
Environmental Assessment
If the BIA has determined that your activity or project does not meet the requirements of a categorical exclusion, you may be required to prepare an environmental assessment (EA). An EA determines whether a proposed federal action has the potential to cause significant environmental effects.
Although there are standard components to an EA, the content and complexity of every EA depends on the activity or project for which it is being prepared.
To determine whether your activity or project requires an EA and to receive further guidance on how to prepare one for your NEPA compliance review request, contact the appropriate Regional Environmental Scientist.
Environmental assessments may not exceed 75 pages.
What to Expect after Submitting an Environmental Assessment
According to the DOI NEPA Handbook Section 1.5 Environmental Assessments, the BIA should complete EA reviews within one year after receiving a complete and correct NEPA compliance review request. The BIA will issue a finding of no significant impact (FONSI) or recommend the project move to an environmental impact statement (EIS) for the project once the review is complete.
Response time for an EA review will vary depending on the complexity of the project. An EA review may be completed sooner or outside of this timeframe, although if an EA extends beyond one year, an extension request must be submitted to the DOI Assistant Deputy Secretary for review and consideration. Consult with your Regional Environmental Scientist for additional information.
Environmental Impact Statement
Your NEPA compliance review request will require an environmental impact statement (EIS) when your activity or project’s proposed federal action will have significant environmental impacts that must be further analyzed. Other laws and policies may also require you to prepare an EIS.
To determine whether your activity or project requires an EIS and to receive further guidance on how to prepare one, contact the Regional Environmental Scientist.
EISs may not exceed 150 pages.
What to Expect after Submitting an Environmental Impact Statement
According to the DOI NEPA Handbook, Part 2 Environmental Impact Statements, the BIA should complete the EIS process within two years after publishing the Notice of Availability (NOA) in the Federal Register. The BIA will issue a record of decision (ROD) for the project once the EIS is complete.
Response time for the environmental impact statement process will vary depending on the complexity of the project. Some projects may be completed sooner or outside of this timeframe, and again, if an EIS extends beyond two years, an extension request must be submitted to the DOI Assistant Deputy Secretary for review and consideration. Consult with your Regional Environmental Scientist for additional information.
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