Environmental Planning and Compliance

Forest Service NEPA Procedures and Guidance

The Forest Service is required to assess the environmental effects of proposed major Federal actions prior to making land management decisions to comply with NEPA and other applicable laws. Most management actions are site-specific and guided by a land management plan, which provides direction of uses within each national forest, prairie, and grassland. Environmental analysis can occur at any level of the Forest Service, such as region, forest, or a district.

The NEPA provided for the Council on Environmental Quality (CEQ) to be established within the Executive Office of the President. CEQ ensures that Federal agencies meet their obligations required by the NEPA. More information is available about CEQ and NEPA.

The Forest Service Manual and Handbook are found in the Directives section 1900 - Planning. The Forest Service amended the NEPA regulations, effective November 19, 2020. The amendments established new and revised categorical exclusions and a Determination of NEPA Adequacy provision. This is outlined in the Forest Service NEPA Procedures and Guidance information.

Categorical Exclusion Adoption from Other Agencies

As part of the Fiscal Responsibility Act of 2023 and the NEPA regulations, federal agencies are allowed to “adopt a categorical exclusion listed in another agency’s NEPA procedures for a category of proposed agency actions for which the categorical exclusion was established.”

The Forest Service is pursuing adoption of categorial exclusions from other federal agencies on topics or areas where the Forest Service does not have existing directives. Adopting categorical exclusions increases efficiencies and eliminates the need to do work that has been completed by other federal agencies. Ultimately saving time and allowing for new work to be completed.

The Forest Service has published three adoption notices in the Federal Register resulting in the adoption of 25 new categorical exclusion categories.  These include a July 1, 2024 notice, a September 27, 2024 notice, and a November 8, 2024 notice.

Department of Commerce

• Siting/construction/operation of microwave/radio communication towers less than 200 feet in height without guy wires on previously disturbed ground. (A-4).

•  Adding fiber optic cable to transmission structures or burying fiber optic cable in existing transmission line rights-of-way; (A-6).

Department of Energy

• •    Construction, additions, and modifications to transmission facilities, new or existing powerlines, electric power substations and interconnection facilities. (B4.6, B4.11, B4.12, B4.13)

• Installation, modification, operation, or decommissioning of commercially available Solar photovoltaic systems (B5.16)

• Electric vehicle charging stations; (B5.23)

National Telecommunications and Information Administration

• New construction or improvement of land, operations, or support facilities, fiber optics, and communication towers; (C-4 , C-5, C-6, C-7, and C-8)

Bureau of Indian Affairs

• Utility installations along or across a transportation facility. (L.1) (.pdf - 700KB)

Bureau of Land Management

• Disposal of mineral materials in amounts not exceeding 50,000 cubic yards or disturbing more than 5 acres, except in riparian areas. (F10) (.pdf - 212KB)

• Granting and amending rights-of-way in existing or compatibly developed rights-of-way for facilities, utility service, or terminal access roads.  (E12, E13, E17) (.pdf - 212KB).

• Placement and use of temporary portable corrals and water troughs. (D2) (.pdf - 212KB)

United States Geological Survey

• Collection of data and samples, and test or exploration drilling or trenching (B, G, L) (.pdf - 145KB).

• Establishment and/or operation of survey marks, field instruments, and research/monitoring devices (H) (.pdf - 145KB).

• Off-road travel or minor activities to gain or prepare access to sites (K, P) (.pdf - 145KB).

Environmental Appeals and Objections

An appeal or objection is a formal request to a higher agency authority for review of an environmental document or decision. The pre-decisional objection process provides the public an opportunity for administrative review of unresolved public concerns over a proposed decision. The public's rights and responsibilities to file an objection are defined at 36 CFR 218 for projects and activities documented in an environmental assessment or environmental impact statement, and at 36 CFR 219 for land management plan amendments and revisions. There is a post-decisional appeal process where holders, operators, and solicited applicants may appeal certain written decisions defined at 36 CFR 214. Usually, all administrative processes must be exhausted before a person can bring a court action or litigation associated with an environmental planning decision. More information can be found on the Forest Service National Objections Page and the WO EMC Appeal and Objection Filing Contact Information.

Climate Change and NEPA - Project Planning and Land Management

The Forest Service has a Climate Adaptation Plan (.pdf - 26MB) that informs all of our land management and project planning work. To address climate change in land management planning, the Forest Service is responding to a Secretarial Memo on Climate Resilience and Carbon Stewardship. Part of that response is this advance notice of proposed rulemaking. Our Office of Sustainability and Climate supports our consideration of the impacts of climate change on our projects with a variety of staff and tools. In accordance with Council on Environmental Quality guidance, we are addressing the effects of our projects on climate change by considering changes in carbon storage for vegetation management and prescribed fire projects, and calculating greenhouse gas emissions for infrastructure and other projects.

Federal Register Notices

When environmental analysis is documented in an environmental impact statement, individuals can search for notices by date and topic on the Environmental Protection Agency’s Federal Register Environmental Documents and the Office of the Federal Register pages. These sites contains rules, proposed rules, and notices of Federal agencies and organization, as well as executive orders and other presidential documents.