National Environmental Policy Act (NEPA) Compliance

The National Environmental Policy Act (NEPA) is a law that directs federal government agencies to “make decisions that are based on an understanding of environmental consequences, and take actions that protect, restore, and enhance the environment” (40 CFR 1500.1(c)). The NEPA process also facilitates public participation and disclosure during the federal planning process.

For federal agencies to comply with NEPA, they must assess the potential environmental impact of proposed actions that require federal approval, funding, permitting, or decision-making. This assessment is referred to as the “NEPA review process.” Actions that undergo NEPA review are referred to as “proposed federal actions.”

Most activities or project proposals that use, develop, or repurpose resources on American Indian and Alaska Native trust or restricted lands require NEPA compliance. “Trust land” refers to a land interest owned by a Tribe or an individual Indian landowner in which the title is held in trust by the United States and there are legal restrictions on how the land can be sold or transferred. “Restricted land” is a land interest owned by a Tribe or an individual Indian landowner that has legal restrictions on how the land can be sold or transferred.

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 is the primary federal entity responsible for ensuring compliance with NEPA for activities and projects affecting the environment on American Indian and Alaska Native lands. 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.

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.

Planned activities or projects on American Indian and Alaska Native trust and restricted lands require authorization from any Tribal government(s) whose land is included. Obtaining Tribal consent before submitting your NEPA compliance review request can help ensure that your supporting documentation is complete and correct.

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.

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.

You may also contact the Division of Environmental Services and Cultural Resource Management (DESCRM) for questions and assistance regarding NEPA compliance review requests on American Indian and Alaska Native trust and restricted lands.