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43304 Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Rules and Regulations COUNCIL ON ENVIRONMENTAL B. Council on Environmental Quality E. Revisions to Commenting on QUALITY Regulations, Guidance, and Reports Environmental Impact Statements (Part 1. Regulatory History 1503) 40 CFR Parts 1500, 1501, 1502, 1503, 2. CEQ Guidance and Reports 1. Inviting Comments and Requesting 1504, 1505, 1506, 1507, 1508, 1515, 3. Environmental Impact Statement Information and Analyses (§ 1503.1) Timelines and Page Count Reports 2. Duty To Comment (§ 1503.2) 1516, 1517, and 1518 C. Judicial Review of Agency NEPA 3. Specificity of Comments and [CEQ–2019–0003] Compliance Information (§ 1503.3) D. Statutory Developments 4. Response to Comments (§ 1503.4) RIN 0331–AA03 E. Presidential Directives F. Revisions to Pre-Decisional Referrals to F. Advance Notice of Proposed Rulemaking the Council of Proposed Federal Actions Update to the Regulations G. Notice of Proposed Rulemaking Determined To Be Environmentally Implementing the Procedural II. Summary of Final Rule Unsatisfactory (Part 1504) A. Changes Throughout Parts 1500–1508 Provisions of the National 1. Purpose (§ 1504.1) B. Revisions To Update the Purpose, 2. Criterial for Referral (§ 1504.2) Environmental Policy Act Policy, and Mandate (Part 1500) 3. Procedure for Referrals and Response 1. Purpose and Policy (§ 1500.1) AGENCY: (§ 1504.3) Council on Environmental 2. Remove and Reserve Policy (§ 1500.2) Quality. G. Revisions to NEPA and Agency Decision 3. NEPA Compliance (§ 1500.3) Making (Part 1505) ACTION: Final rule. 4. Reducing Paperwork and Delay 1. Remove and Reserve Agency (§§ 1500.4 and 1500.5) Decisionmaking Procedures (§ 1505.1) SUMMARY: The Council on 5. Agency Authority (§ 1500.6) 2. Record of Decision in Cases Requiring Environmental Quality (CEQ) issues this C. Revisions to NEPA and Agency Planning Environmental Impact Statements final rule to update its regulations for (Part 1501) (§ 1505.2) Federal agencies to implement the 1. NEPA Thresholds (§ 1501.1) 3. Implementing the Decision (§ 1505.3) 2. Apply NEPA Early in the Process National Environmental Policy Act H. Revisions to Other Requirements of (§ 1501.2) NEPA (Part 1506) (NEPA). CEQ has not comprehensively 3. Determine the Appropriate Level of updated its regulations since their 1. Limitations on Actions During NEPA NEPA Review (§ 1501.3) Process (§ 1506.1) promulgation in 1978, more than four 4. Categorical Exclusions (§ 1501.4) 2. Elimination of Duplication With State, decades ago. This final rule 5. Environmental Assessments (§ 1501.5) Tribal, and Local Procedures (§ 1506.2) comprehensively updates, modernizes, 6. Findings of No Significant Impact 3. Adoption (§ 1506.3) (§ 1501.6) and clarifies the regulations to facilitate 4. Combining Documents (§ 1506.4) 7. Lead and Cooperating Agencies 5. Agency Responsibility for more efficient, effective, and timely (§§ 1501.7 and 1501.8) Environmental Documents (§ 1506.5) NEPA reviews by Federal agencies in 8. Scoping (§ 1501.9) 6. Public Involvement (§ 1506.6) connection with proposals for agency 9. Time Limits (§ 1501.10) 7. Further Guidance (§ 1506.7) action. The rule will improve 10. Tiering (§ 1501.11) 8. Proposals for Legislation (§ 1506.8) interagency coordination in the 11. Incorporation by Reference (§ 1501.12) D. Revisions to Environmental Impact 9. Proposals for Regulations (§ 1506.9) environmental review process, promote 10. Filing Requirements (§ 1506.10) earlier public involvement, increase Statements (Part 1502) 1. Purpose of Environmental Impact 11. Timing of Agency Action (§ 1506.11) transparency, and enhance the 12. Emergencies (§ 1506.12) participation of States, Tribes, and Statement (§ 1502.1) 2. Implementation (§ 1502.2) 13. Effective Date (§ 1506.13) localities. The amendments will 3. Statutory Requirements for Statements I. Revisions to Agency Compliance (Part advance the original goals of the CEQ (§ 1502.3) 1507) regulations to reduce paperwork and 4. Major Federal Actions Requiring the 1. Compliance (§ 1507.1) delays, and promote better decisions Preparation of Environmental Impact 2. Agency Capability To Comply (§ 1507.2) consistent with the national Statements (§ 1502.4) 3. Agency NEPA Procedures (§ 1507.3) 5. Timing (§ 1502.5) 4. Agency NEPA Program Information environmental policy set forth in (§ 1507.4) section 101 of NEPA. 6. Interdisciplinary Preparation (§ 1502.6) 7. Page Limits (§ 1502.7) J. Revisions to Definitions (Part 1508) DATES: This is a major rule subject to 8. Writing (§ 1502.8) 1. Clarifying the Meaning of ‘‘Act’’ congressional review. The effective date 9. Draft, Final and Supplemental 2. Definition of ‘‘Affecting’’ is September 14, 2020. However, if Statements (§ 1502.9) 3. New Definition of ‘‘Authorization’’ congressional review has changed the 10. Recommended Format (§ 1502.10) 4. Clarifying the Meaning of ‘‘Categorical effective date, CEQ will publish a 11. Cover (§ 1502.11) Exclusion’’ 12. Summary (§ 1502.12) 5. Clarifying the Meaning of ‘‘Cooperating document in the Federal Register to Agency’’ establish the actual effective date or to 13. Purpose and Need (§ 1502.13) 14. Alternatives Including the Proposed 6. Definition of ‘‘Council’’ terminate the rule. Action (§ 1502.14) 7. Definition of ‘‘Cumulative Impact’’ and ADDRESSES: CEQ has established a 15. Affected Environment (§ 1502.15) Clarifying the Meaning of ‘‘Effects’’ docket for this action under docket 16. Environmental Consequences 8. Clarifying the Meaning of number CEQ–2019–0003. All (§ 1502.16) ‘‘Environmental Assessment’’ documents in the docket are listed on 17. Submitted Alternatives, Information, 9. Clarifying the Meaning of ‘‘Environmental Document’’ www.regulations.gov. and Analyses (§ 1502.17) 18. List of Preparers (§ 1502.18) 10. Clarifying the Meaning of FOR FURTHER INFORMATION CONTACT: 19. Appendix (§ 1502.19) ‘‘Environmental Impact Statement’’ Viktoria Z. Seale, Chief of Staff and 20. Publication of the Environmental 11. Clarifying the Meaning of ‘‘Federal General Counsel, 202–395–5750, NEPA- Impact Statement (§ 1502.20) Agency’’ [email protected]. 21. Incomplete or Unavailable Information 12. Clarifying the Meaning of ‘‘Finding of (§ 1502.21) No Significant Impact’’ SUPPLEMENTARY INFORMATION: 22. Cost-Benefit Analysis (§ 1502.22) 13. Clarifying the Meaning of ‘‘Human Table of Contents 23. Methodology and Scientific Accuracy Environment’’ (§ 1502.23) 14. Definition of ‘‘Jurisdiction by Law’’ I. Background 24. Environmental Review and 15. Clarifying the Meaning of ‘‘Lead A. National Environmental Policy Act Consultation Requirements (§ 1502.24) Agency’’ VerDate Sep<11>2014 18:17 Jul 15, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\16JYR2.SGM 16JYR2 Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Rules and Regulations 43305 16. Clarifying the Meaning of ‘‘Legislation’’ Since the promulgation of the 1978 review, CEQ found that, across the 17. Clarifying the Meaning of ‘‘Major regulations, however, the NEPA process Federal Government, the average time Federal Action’’ has become increasingly complicated for completion of an EIS and issuance 18. Definition of ‘‘Matter’’ and can involve excessive paperwork of a ROD was 4.5 years and the median 19. Clarifying the Meaning of ‘‘Mitigation’’ 3 20. Definition of ‘‘NEPA Process’’ and lengthy delays. The regulations was 3.5 years. CEQ determined that 21. Clarifying the Meaning of ‘‘Notice of have been challenging to navigate with one quarter of EISs took less than 2.2 Intent’’ related provisions scattered throughout, years, and one quarter of the EISs took 22. New Definition of ‘‘Page’’ and include definitions and provisions more than 6 years. And these timelines 23. New Definition of ‘‘Participating that have led to confusion and generated do not necessarily include further Agency’’ extensive litigation. The complexity of delays associated with litigation over 24. Clarifying the Meaning of ‘‘Proposal’’ the regulations has given rise to CEQ’s the legal sufficiency of the NEPA 25. New Definition of ‘‘Publish and issuance of more than 30 guidance process or its resulting documentation. Publication’’ 26. New Definition of ‘‘Reasonable documents to assist Federal agencies in Although other factors may contribute Alternatives’’ understanding and complying with to project delays, the frequency and 27. New Definition of ‘‘Reasonably NEPA. Agencies also have developed consistency of multi-year review Foreseeable’’ procedures and practices to improve processes for EISs for projects across the 28. Definition of ‘‘Referring Agency’’ their implementation of NEPA. Federal Government leaves no doubt 29. Definition of ‘‘Scope’’ Additionally, Presidents have issued that NEPA implementation and related 30. New Definition of ‘‘Senior Agency directives, and Congress has enacted litigation is a significant factor.4 It is Official’’ legislation to reduce delays and critical to improve NEPA 31. Definition of ‘‘Special Expertise’’ 32. Striking the Definition of expedite the implementation of NEPA implementation, not just for major ‘‘Significantly’’ and the CEQ regulations, including for projects, but because tens of thousands 33. Clarifying the Meaning of ‘‘Tiering’’ transportation, water, and other types of of projects and activities are subject to K. CEQ Guidance Documents infrastructure projects. NEPA every year, many of which are III. Rulemaking Analyses and Notices Despite these efforts, the NEPA important to modernizing our Nation’s A. Executive Order 12866, Regulatory process continues
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