Federal regulations · Through 2026-08-25 · Newer source version available

25 CFR 1000.1385: What is the typical environmental review process for construction projects?

(a) During the environmental review process, the following activities may occur:
(1) Consult with appropriate Tribal, Federal, state, local officials, and interested parties on potential environmental effects;
(2) Document assessment of reasonably foreseeable environmental effects;
(3) Perform necessary environmental surveys and inventories;
(4) Consult with the Advisory Council on Historic Preservation, acting through the SHPO or THPO, to ensure compliance with the NHPA;
(5) In applying a categorical exclusion under NEPA, evaluate whether extraordinary circumstances exist in which a normally excluded project may have a significant effect, and therefore require preparation of an environmental assessment or environmental impact statement;
(6) Identify methods to avoid or mitigate potential adverse effects; and
(7) Obtain environmental permits and approvals as required.
(b) This section is for informational purposes only and does not create any legal rights or remedies, or imply private rights of action.

Where this section sits in the code

Title 25—Indians
CHAPTER VI—OFFICE OF THE ASSISTANT SECRETARY, INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
PART 1000—ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT
Subpart K—Construction

(a) During the environmental review process, the following activities may occur:

(1) Consult with appropriate Tribal, Federal, state, local officials, and interested parties on potential environmental effects;

(2) Document assessment of reasonably foreseeable environmental effects;

(3) Perform necessary environmental surveys and inventories;

(4) Consult with the Advisory Council on Historic Preservation, acting through the SHPO or THPO, to ensure compliance with the NHPA;

(5) In applying a categorical exclusion under NEPA, evaluate whether extraordinary circumstances exist in which a normally excluded project may have a significant effect, and therefore require preparation of an environmental assessment or environmental impact statement;

(6) Identify methods to avoid or mitigate potential adverse effects; and

(7) Obtain environmental permits and approvals as required.

(b) This section is for informational purposes only and does not create any legal rights or remedies, or imply private rights of action.

Collected 2026-08-27T02:24:59Z. Source file · JSON

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