The Bureau of Indian Affairs (BIA) oversees National Environmental Policy Act (NEPA) compliance on American Indian and Alaska Native trust and restricted lands. “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.
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).
Your level of NEPA review determines the documents required by your NEPA compliance review request and the length of your review and approval process.
Visit Initiating the NEPA Review Process to identify the level of NEPA review required for your activity or project.
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.
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 categorical exclusion 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.
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 environmental assessment determines whether a proposed federal action has the potential to cause significant environmental effects.
Although there are standard components to an environmental assessment, the content and complexity of every environmental assessment depends on the activity or project for which it is being prepared.
To determine whether your activity or project requires an environmental assessment and to receive further guidance on how to prepare one for your NEPA compliance review request, contact the Regional Environmental Scientist.
Environmental assessments may not exceed 75 pages.
What to Expect after Submitting an Environmental Assessment
According to 40 CFR 1501.10, the BIA should complete environmental assessment (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 environmental assessment review will vary depending on the complexity of the project. An environmental assessment review may be completed sooner or outside of this timeframe. Consult with your Regional Environmental Scientist for additional information.
Environmental Impact Statement
Your NEPA compliance review request will require an environmental impact statement 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 environmental impact statement.
To determine whether your activity or project requires an environmental impact statement and to receive further guidance on how to prepare one, contact the Regional Environmental Scientist.
Environmental impact statements may not exceed 150 pages.
What to Expect after Submitting an Environmental Impact Statement
According to 40 CFR 1501.10, the BIA should complete the environmental impact statement (EIS) process within two years after publishing the Notice of Availability in the Federal Register. The BIA will issue a record of decision (ROD) for the project once the environmental impact statement 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. Consult with your Regional Environmental Scientist for additional information.
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