National Environmental Policy Act

Agency, Tribal, and Public Involvement in the NEPA Process

The National Environmental Policy Act (NEPA) review process provides an opportunity for State, Federal, and local agency, Tribal and public engagement in Federal decision-making for certain proposed major Federal actions. The level of public involvement will vary depending on the type of NEPA review, with the most substantive public engagement typically involved with major Federal actions with a reasonably foreseeable significant effect on the quality of the human environment that require preparation of an environmental impact statement (EIS). Environmental assessments, for major Federal actions where reasonably foreseeable effects on the quality of human environment are either not significant or unknown, are required to be public documents; however, the level of public involvement with an environmental assessment (EA) is up to the discretion of the lead Federal agency. 

If there are reasonably foreseeable direct effects to Federally recognized Tribes or Tribal trust resources, government-to-government Tribal consultation is also conducted during the NEPA process. The lead Federal agency consults with and invites other Federal agencies with jurisdictional authority and technical expertise to serve as cooperating agencies to assist in the preparation of an EIS. The lead Federal agency for NEPA typically engages with other regulatory agencies throughout the NEPA process to integrate all legal requirements into an efficient, strategic NEPA planning process

What opportunities are there for public involvement in the NEPA review process?

Scoping is a process whereby the lead Federal agency gathers information on reasonably foreseeable significant effects pertaining to a proposed action.Agencies may conduct scoping (e.g., via public meetings, social media, letters, notices, or other communications means) to determine the extent of issues, including identifying reasonably foreseeable significant effects and gathering relevant information and potential alternatives, from agencies, Tribes, and the public to assist in the development of the EA or the EIS. Agencies may start the scoping process as soon as practicable once the proposed action is sufficiently developed for agency consideration.Other discretionary opportunities for public engagement in the NEPA process may occur with the release of the draft EA or draft EIS.Although a public review and comment period is not required for a draft EA or a draft EIS, it can provide for an effective way to gather public input and relevant information to further the development of the EA or EIS. Agency, Tribal, and public involvement that begins early and occurs throughout the NEPA planning process provides for an effective engagement strategy.

The level of public involvement will vary depending on whether the lead agency’s major Federal action qualifies for a categorical exclusion or if a more detailed analysis of reasonably foreseeable effects of the action and alternatives is required through the development of either an EA or an EIS and also depending on individual project needs. 

• Categorical Exclusion. Agencies are required to provide public notice when establishing a new categorical exclusion in agency NEPA procedures and when adopting another Federal agency’s categorical exclusion. Applications of previously established categorical exclusions or adopted categorical exclusions are not typically published.
• Environmental Assessment. The NEPA requires for an EA to be a “public document." The level of public involvement for an EA is flexible and varies depending on the proposed action. While optional, scoping provides an opportunity for agencies, Tribes and the public to provide input and information, identify reasonably foreseeable effects and identify potential alternatives. Depending on the particular project, there may be opportunities for public involvement during scoping and a draft EA public review and comment period. The final EA and decision document is made available to the public.
• Environmental Impact Statement. The NEPA requires the lead Federal agency to publish a notice of intent to prepare an EIS that solicits public comments. Depending on the particular project, there may be additional opportunities for public involvement during scoping. The head of the lead Federal agency is required to consult with and request comments on reasonably foreseeable effects from any Federal agency that has jurisdictional authority or special expertise and make these comments available to the public. Depending on the individual project, there may be an opportunity to comment on a draft EIS. The final EIS and record of decision is made available to the public. 

How do I find Service NEPA projects and documents open for public comment?

The Service’s NEPATracker can be used to search for and download available Service NEPA documents that were completed since July 3, 2025 (there may also be some limited availability of documents posted prior to this date).

The NEPATracker can also be used to find available Service public notices soliciting input on a NEPA project or NEPA document that is open for public comment. The individual project notice will provide instructions for how to submit public comments and comment submission deadlines. As Federal agencies are not required to consider or respond to comments submitted after the designated comment period, please ensure to submit any comments within the required public review comment period. 

In addition to the NEPATracker, Service EISs are noticed in the Federal Register and are available through the Environmental Protection Agency’s Environmental Impact Statement’s Database.