The National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321et seq.), as amended, directs federal agencies to analyze, disclose, and consider the potential for impacts to the quality of the human environment in the planning and development of proposed actions.
DHS integrates NEPA into its planning and decision-making by:
- Defining the purpose and need for the proposed action.
- Analyzing potential impacts on the environment.
- Exploring and evaluating reasonable alternatives to proposed actions.
- Providing opportunities for public participation and feedback during comment periods.
- Identifying measures to avoid, minimize, or mitigate adverse effects.
We use various documents to guide this process, including:
- Categorical Exclusions: For actions unlikely to have significant environmental effects.
- Environmental Assessments (EAs): For actions that require further analysis.
- Environmental Impact Statements (EISs): For actions with potentially significant impacts.
NEPA documents available for public comment are available on our public comment page.
Final DHS environmental documents can be viewed on our NEPA archives page.
Component environmental pages can be located at:
DHS procedures to implement the NEPA are found in DHS Directive 023-01, Rev. 01 and Instruction Manual 023-01-001-01, Rev 01. In compliance with Executive Order (E.O.) 14154, Unleashing American Energy, the Council on Environmental Quality (CEQ) issued guidance to federal agencies on implementing NEPA and has taken steps to rescind the NEPA implementing regulations at 40 CFR Parts 1501-1508. In accordance with CEQ’s guidance, DHS is drafting NEPA regulations applicable to all DHS Components. To receive a copy of our current NEPA Directive and Instruction, please email eed-ep@hq.dhs.gov.
To adopt another agency's categorical exclusion (CATEX) under Section 109 of NEPA (42 U.S.C. 4336c.), an agency must identify the relevant CATEX listed in that agency's ("establishing agency") NEPA procedures that cover its category of proposed actions or related actions; consult with the establishing agency to ensure that the proposed adoption of the CATEX to a category of actions is appropriate; identify to the public the CATEX that the agency plans to use for its proposed actions; and document adoption of the CATEX.
DHS has adopted several Department of Energy's (DOE) CATEXs as announced in Federal Register Notice 2023-23134 and 2024-14568.