National Environmental Policy Act & Section 106

The National Environmental Policy Act (NEPA) requires that all federal agencies ensure an environmental review is completed when they propose a federal action. NEPA covers a broader scope of resources than Section 106; however, the NPS should coordinate compliance with NEPA and Section 106 and consider their Section 106 responsibilities as early as possible in the NEPA process. The NPS should plan its public participation, analysis, and review in such a way that the agency can meet the purposes and requirements of both statutes in a timely and efficient manner. It’s important to remember that consultation under Section 106 is different from public involvement under NEPA and often requires more interaction with consulting parties.

When a project is categorically excluded under NEPA review, Section 106 review may still be required. In addition, Section 106 must be completed before the NPS signs a decision document for NEPA (a Finding of No Significant Impact (FONSI) or Record of Decision (ROD)).

 

Last updated: February 12, 2021

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