National Environmental Policy Act
(Published 04/02/2025)
All NEH-funded projects involving construction, renovation, repair, rehabilitation, or ground disturbances are subject to review under the National Environmental Policy Act (NEPA) (42 U.S.C. § 4331, et seq). NEPA and its implementing regulations (40 CFR Parts 1500-1508), developed by the White House’s Council on Environmental Quality (CEQ), require NEH to consider the potential effects of a funded project on the natural and human environment prior to the expenditure of NEH funds. Please refer to the Frequently Asked Questions about the National Environmental Policy Act (NEPA) for additional information on NEH’s NEPA review process.
Changes to NEPA
Executive Order (E.O.) 14154, titled “Unleashing American Energy,” revoked CEQ’s authority to issue regulations and directed CEQ to rescind its NEPA regulations. On February 25, 2025, CEQ issued an interim final rule, “Removal of National Environmental Policy Act Implementing Regulations” (90 F.R. 10610). The interim final rule will be effective April 11, 2025.
Consequently, federal agencies are required to develop their own regulations to comply with NEPA. The proposed NEH NEPA regulations will replace NEH’s current NEPA implementing procedures (84 F.R. 23805), which NEH originally developed not as regulation but to describe how the agency would meet the requirements of the statute and CEQ’s NEPA regulations. In its new regulations, NEH will also propose updates to its existing categorical exclusions, revising its list of actions normally requiring environmental impact statements (EIS) or environmental assessments (EA).
In the interim, in accordance with CEQ’s memorandum to federal department and agency heads on the implementation of NEPA, NEH will continue its NEPA reviews using its existing implementing procedures, adjusting for the NEPA statue, as amended by the Fiscal Responsibility Act of 2023 (FRA) (P.L. 118-5), and E.O. 14154, as applicable.
Links
Federal Register: National Environmental Policy Act Implementing Procedures
Frequently Asked Questions about the National Environmental Policy Act (NEPA)