The 1978 regulations included the meaning of extraordinary circumstances in the definition of categorical exclusion at 40 CFR 1508.4 (2019), which the 2020 rule moved to 40 CFR 1501.4(b) (describing how to apply extraordinary circumstances when considering use of a CE) and 40 CFR 1507.3(e)(2)(ii) (requiring agencies to establish extraordinary circumstances for CEs in their procedures). CEQ's proposal is intended to strike a balance; the proposal would not require agencies to consider alternatives outside their jurisdiction or preclude agencies from doing so. A programmatic EIS supporting a program decision or land use plan could, for example, provide the analysis necessary to substantiate a new CE established by the associated decision document that makes sense in the context of the overall program decision or land use plan. U.S. Bureau of Land Mgmt., Where an agency establishes a CE with a mitigation requirement, the agency would need to include such mitigation in their proposed actions in order for the CE to apply. (ix) The degree to which the action may have disproportionate and adverse effects on communities with environmental justice concerns. Additionally, many of the comments on the Phase 1 proposed rule's changes to 40 CFR 1502.13 on purpose and need also included suggestions for changes to 40 CFR 1502.14 and the discussion of alternatives. [16], Section 205 of the E.O. Paragraph (d)(2)(i) would mirror the 1978 rule's reference to beneficial effects with clarifying additions. (a) The purpose of this section is to emphasize agency cooperation early in the NEPA process. 12898 and advances the related though distinct policy defined more broadly in E.O. (f) CEQ proposes to remove paragraphs (a) and (b) from 40 CFR 1500.4 because they are redundant with 1500.5(a) and (b) and are more appropriately addressed in the section on reducing delay, as well as paragraph (d) because it is addressed in the revised introductory text. (a) The Council has determined that the categorical exclusions contained in agency NEPA procedures as of [EFFECTIVE DATE OF THE FINAL RULE] are consistent with this subchapter. (2) With respect to all other agencies, any proposed major Federal action to which section 102(2)(C) of NEPA applies. Start Printed Page 49949 More News. 82. From street and road map to high-resolution satellite imagery of Norfolk. CEQ also proposes to clarify that any mitigation must be enforceable, such as through permit conditions or grant agreements, if an agency includes it as a component of a proposed action and relies on its implementation to analyze the action's reasonably foreseeable environmental effects. CEQ proposes to revise paragraph (b) regarding joint lead agencies for consistency with section 107(a)(1)(B) of NEPA to clarify that the participating Federal agencies may designate a Federal, State, Tribal, or local agency as a joint lead agency upon invitation to and acceptance by such agency. It also would encourage agencies to consider proximity to communities with environmental justice concerns. (1) A copy of the letter signed by the head of the referring agency and delivered to the lead agency informing the lead agency of the referral and the reasons for it; and. Thanks you! 13141, Finally, CEQ proposes to eliminate 40 CFR 1501.1(b)(2) directing agencies to consult with another agency when they jointly administer a statute if they are making a threshold applicability determination. 3d 620 (W.D. We created Maphill to make the web a more beautiful place. (2) Minimizing effects by limiting the degree or magnitude of the action and its implementation. (1) If an extraordinary circumstance exists, the agency nevertheless may apply the categorical exclusion if the agency conducts an analysis and determines that the proposed action does not in fact have the potential to result in significant effects notwithstanding the extraordinary circumstance or the agency modifies the action to address the extraordinary circumstance. The agency shall identify the authority for enforceable mitigation, and adopt a monitoring and compliance plan consistent with 1505.3(c). 2008). [18] googletag.pubads().setTargeting("Page", "Map"); 3:20cv06057 (N.D. Cal. CEQ proposes these changes to clarify that the regulations do not create a NEPA exemption; rather, they provide a pathway for compliance with NEPA where the exigencies of emergency situations do not provide sufficient time for an agency to complete an EIS for an action with significant environmental effects. 107. that agencies use to create their documents. note 20, at 25253. means a public notice that an agency will prepare and consider an environmental impact statement or environmental assessment, as applicable. Paragraph (c)(8)(ii) would require agencies to substantiate new or revised CEs and make the documentation publicly available. This provision is similar to CEQ's own emergency process for EISs provided in 1506.11 but relates to activities that would not require preparation of an EIS. The current CEQ regulations and the proposed revisions in this NPRM address the analyses of alternatives and effects regarding both EISs (1502.14, 1502.15) and EAs (1501.5(c)(2)(ii) and (c)(2)(iii)). See, e.g., A Proposed Rule by the Council on Environmental Quality on 07/31/2023, This document has a comment period that ends in 61 days. See Finally, CEQ proposes to delete the current 40 CFR 1502.17(a)(2) and (b) because the requirements of these paragraphs are redundant to the requirements in part 1503 for Federal agencies to invite comment on draft EISs in their entirety and review and respond to public comments. See, e.g., within 6 hours of Norfolk, NE CEQ proposes to redesignate 40 CFR 1501.10(e) as paragraph (g). Agencies may establish categorical exclusions individually or jointly with other agencies. supra In 1500.4(f), CEQ proposes to replace significant with important and insert unimportant to modify issues consistent with our proposal to only use significant to modify effects. CEQ also proposes to clarify in paragraph (f) that scoping may apply to EAs. See, e.g., No. 2020 Final Rule, } else { Further, paragraph (a) would encourage agencies to elevate issues to appropriate agency officials or to CEQ in a timely manner that is consistent with the schedules for the proposed action established under 1501.10. supra Finally, in paragraph (a), CEQ proposes changes to the last sentence to clarify that, only where possible, the public should include citations or proposed changes to the EIS or describe the data, sources, or methodologies that support the proposed changes in their comments. Paragraph (b) would restore with clarifying edits the 1978 language directing agencies to implement procedures that facilitate a meaningful NEPA process to the fullest extent possible and emphasize that environmental documents should be concise and clear. (b) Economic or social effects by themselves do not require preparation of an environmental impact statement. et seq.). (B) Following the affected State or Tribe's public notification procedures for comparable actions. 1532(5). (ii) details here. An agency also may notify entities and persons who have requested regular notification. 2:21cv00003 (W.D. (e) The Council shall publish on its website any request for modification that it has approved, approved with revisions, or denied. 2001 | (b) If an agency is considering an application from a non-Federal entity and is aware that the applicant is about to take an action within the agency's jurisdiction that would meet either of the criteria in paragraph (a) of this section, then the agency shall promptly notify the applicant that the agency will take appropriate action to ensure that the objectives and procedures of NEPA are achieved. 2001 | An agency might set an expiration date or threshold where their record indicates a potential for significant effects after a certain number of applications of the CE to proposed actions; where there is uncertainty beyond that threshold; or where it is unclear how widely the agency would apply the CE. Extraordinary circumstances serve to identify actions within a category of actions the effects of which exceed those normally associated with that category of action and therefore, do not fall within the bounds of the CE. The proposed changes in this section would improve transparency and predictability for stakeholders and the public regarding NEPA reviews. CEQ proposes to strike or is otherwise fulfilled in the moved text because, as discussed in section II.C.1, CEQ is proposing to remove the functional equivalence factor from the regulation. Finally, CEQ proposes to update the authorities for each part, update the references to NEPA as amended by the FRA, and fix internal cross references to other sections of the regulations throughout to follow the correct If an agency withdraws, cancels, or otherwise ceases the consideration of a proposed action before completing a final environmental impact statement, the agency shall publish a notice in the (c) To the fullest extent practicable unless specifically prohibited by law, agencies shall cooperate with State, Tribal, and local agencies to reduce duplication between NEPA and comparable State, Tribal, and local requirements. Norfolk Iron & Metal, with 320 employees manufacturing steel products; 49. 2019 Norfolk Boundary Study, updated August 2, 2021, Overall Annexation Map - Exhibit A - Rev 1, Extension of City Services for Annexed Area, srames at norfolkne dot govPublic Works Director/City Engineer402-844-2020. 13211, 3. Environmental Assessment (1508.1(h)), 5. Some agencies have already established such processes in their procedures to ensure efficient NEPA compliance in an emergency. browsers typically show an approximate location, * Cities will get selected if any part of the shape you draw falls within the city limits. You can also download a Nebraska sales tax rate database . 56 F.4th 281 (4th Cir. , consistent with 1502.4(e), can fulfill the notification requirement, but agencies also may elect to use additional notification methods. This adds a standard to adoption of CE determinations that is similar to the practice for adoption of EAs and EISs. Start Printed Page 49969. (2) Potential lead agencies shall include such funding requirements in their budget requests. Start Printed Page 49938 }); This page shows the location of Norfolk, NE 68701, USA on a detailed road map. (3) Shall prepare, publish, and file a supplement to a statement (exclusive of scoping (1502.4 of this subchapter)) as a draft and final statement, as is appropriate to the stage of the statement involved, unless the Council approves alternative procedures (1506.12 of this subchapter). CEQ proposes to add a fourth sentence to 1502.12 to make summaries easier to read and understand by requiring agencies to write the summary in plain language and encouraging use of visual aids and charts. Agencies should provide digital references, such as hyperlinks, to the incorporated material or otherwise indicate how the public can access the material for inspection. In such cases, the agency shall prepare and publish the statements consistent with 1503.1 of this subchapter and 1506.11: (i) A Congressional committee with jurisdiction over the proposal has a rule requiring both draft and final environmental impact statements. the Webmaster with Questions/Comments, Link The regulations in this subchapter provide the direction to achieve this purpose. In paragraphs (a) and (b), CEQ would update the effective date to reflect the effective date of a final rule. Def. [3] The city is part of the larger five-county metro area of Omaha. Start Printed Page 49942 et seq.)). Finally, CEQ proposes to revise the second sentence in paragraph (c) to eliminate the passive voice to improve clarity. Va. 2021). When referencing specific regulatory sections in place prior to the 2020 final rule, CEQ uses 40 CFR but adds (2019).. 4321, 4331. The per capita income for the city was $16,990. Depending on the terms of the loan guarantee program, the agency may have substantial control and responsibility over the use of the funds such that an environmental analysis can inform the decision making. For example, the U.S. Forest Service's regulations regarding administrative review require the responsible official to disclose during the NEPA scoping process that a proposed project or activity or proposed plan, plan amendment, or plan revision is subject to one of its administrative review regulations. 2001 | 2005, Lincoln 4331(b)(3). CEQ proposes to remove the 2020 effective date and replace it with the date upon which a final rule is effective. CEQ, Improving the Process for Preparing Efficient and Timely Environmental Reviews Under the National Environmental Policy Act (Mar. Generally, Federal financial assistance, other than minimal Federal funding, is a major Federal action where the Federal agency has authority and discretion over the financial assistance in a manner that could address environmental effects from the activities receiving the financial assistance. To the extent practicable, if a proposal will require action by more than one Federal agency and the lead agency determines that it requires preparation of an environmental assessment, the lead and cooperating agencies shall evaluate the proposal in a single environmental assessment and issue a joint finding of no significant impact or jointly determine to prepare an environmental impact statement. 13132 requires agencies to develop an accountable process to ensure meaningful and timely input by state and local officials in the development of regulatory policies that have federalism implications. The name was submitted to federal postal authorities, and at some point was transmuted to "Norfolk". 11991, //googletag.pubads().enableSyncRendering(); Once the limited duration threshold is met, agencies could either consider the CE expired, conduct additional analysis to create a permanent CE, or reissue the CE for a new period. Start Printed Page 49939 CEQ also considers the proposed change necessary for consistency with 1507.3(b), which CEQ revised in the Phase 1 rulemaking to make clear that, while agency procedures must be consistent with the CEQ regulations, agencies have discretion and flexibility to develop procedures beyond the CEQ regulatory requirements, enabling agencies to address their specific programs, statutory mandates, and the contexts in which they operate. Environmental document supra President Nixon signed NEPA into law on January 1, 1970. Maps of every Township and Range in the U.S. For example, a land management agency could consider establishing a CE for zero or minimal impact resilience-related activities. The phrase added in 2020 could be read to indicate that agencies have no freestanding requirement to comply with NEPA itself, which would be untrue. CEQ has heard from multiple stakeholders, including clean energy and other stakeholders, that CEQ should retain these provisions because they create efficiencies in the NEPA process. 98. This is a fact-specific analysis that agencies undertake informed by their statutory authority and control and responsibility over the activity. CEQ, Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act Final Rule Response to Comments 130 (June 30, 2020) (2020 Response to Comments), Extraordinary Circumstances (1508.1(m)), 9. See section II.I.2. (4) Degree of public need for the proposed action, including the consequences of delay. 25. The no action alternative should serve as the baseline against which the proposed action and other alternatives are compared. Including this language in 1500.1(a)(1) would help agencies understand what the regulations refer to when the regulations direct or encourage agencies to act in a manner consistent with the purposes or policies of the Act. 2001 | 2003 Draw & measure on maps Save maps to your account Create custom maps from ZIP Codes, Counties or points! In response, CEQ issued an advance notice of proposed rulemaking (ANPRM) on June 20, 2018,[32] 3501 (g) wg_stale_nahore(); (j) Eliminating duplication with State, Tribal, and local procedures by providing for joint preparation of environmental documents where practicable (1506.2 of this subchapter) and with other Federal procedures by providing that agencies may jointly prepare or adopt appropriate environmental documents prepared by another agency (1506.3 of this subchapter). 13807. You can switch to the largest cities within 30 miles (even if they are closer). within 20 miles of me in Norfolk, NE of Nebraska CALMIT map & data server, Traffic CEQ invites comment on whether it should add additional provisions to the regulations to implement the minimal Federal funding exclusion in 1508.1(u)(2)(i)(A). CEQ proposes to revert and retitle 1501.1 to Purpose, to emphasize the goals of part 1501 consistent with the approach in the 1978 regulations. [26][31] Two Lutheran elementary schools and a high school enroll a total of about 470 pupils. Additionally, while CEQ agrees that agencies are entitled to a presumption of regularity under the tenets of generally applicable administrative law, this presumption does not arise from NEPA, and therefore, CEQ considers it inappropriate to address in the NEPA regulations. Start Printed Page 49977 (n) Combining environmental documents with other documents (1506.4 of this subchapter). See Details Add Your Rating. In making the request, the agency shall provide the Council with a summary of the proposed action, information on the disputed issues, and agency points of contact. 3:20cv45 (W.D. (j) Integrating NEPA requirements with other environmental review and consultation requirements (1502.24 of this subchapter). Federal Register CEQ also proposes to add in paragraph (c)(4) a requirement that the EA include a unique identification number that can be used for tracking purposes that | 2005, Lexington at 16. (iii) By stage of technological development, including Federal or federally assisted research, development, or demonstration programs for new technologies that, if applied, could significantly affect the quality of the human environment. [50] www.nepa.gov. This would reinstate a factor from the 1978 regulations, with clarifying edits, which agencies have considered for decades. This would clarify that beneficial effects are not significant effects as the phrase is used in NEPA and, therefore, do not require an agency to prepare an EIS. Consistent with 42 U.S.C. 661 Interactive Norfolk, is a web mapping application that gives users the ability to view and interact with various GIS map layers. labels 95. Federal Leadership in Environmental, Energy, and Economic Performance,74 FR 52117 (Oct. 8, 2009); E.O. (d) For applications to the agency requiring an environmental assessment, the agency shall commence the environmental assessment as soon as practicable after receiving the application. Ancestry.com What is my Nebraska city? As part of the scoping process, the lead agency shall: (1) Identify and eliminate from detailed study the issues that are not important or have been covered by prior environmental review(s) (1501.12 and 1506.3 of this subchapter), narrowing the discussion of these issues in the environmental impact statement to a brief presentation of why they will not be important or providing a reference to their coverage elsewhere. (a) For efficiency and consistent with 1507.3(c)(8)(ii) of this subchapter, agencies shall establish categorical exclusions for categories of actions that normally do not have a significant effect on the human environment, individually or in the aggregate, and therefore do not require preparation of an environmental assessment or environmental impact statement unless extraordinary circumstances exist that make application of the categorical exclusion inappropriate, consistent with paragraph (b) of this section. (b) When a participating agency criticizes a lead agency's predictive methodology, the participating agency should describe the alternative methodology that it prefers and why. Such projections may employ mathematical or other models that project a range of possible future outcomes, so long as agencies disclose the relevant assumptions or limitations. Contents would include a description of the mitigation measures; the parties responsible for monitoring and implementation; how the information will be made publicly available, as appropriate; the timeframe for the mitigation; the standards for compliance; and how the mitigation will be funded. Agencies may tailor monitoring and compliance plans to the particular action, but they should contain sufficient detail to inform the participating and cooperating agencies and the public about relevant considerations, such as the magnitude of the environmental effects that would be subject to mitigation, the degree to which the mitigation represents an innovative approach, the degree of uncertainty about the efficacy of the mitigation, and other relevant facts that support a determination that the mitigation will be effective. of Road Design & Construction Terms, Weather Maps - A variety of current Council Because the fundamental question raised by these cases is the availability of a cause of action under the APA, and not a question of interpreting NEPA, CEQ considers this question more appropriate for the courts to determine. It establishes a framework for agencies to ground decisions in sound science and recognizes that the public may have important ideas and information on how Federal actions can occur in a manner that reduces potential harms and enhances ecological, social, and economic well-being. [16], In the 1970s, another attempt was made to move the county seat from Madison to Norfolk. to establish a government-wide approach to the climate crisis by reducing GHG emissions across the economy; increasing resilience to climate change-related effects; conserving land, water, and biodiversity; transitioning to a clean-energy economy; advancing environmental justice; and investing in disadvantaged communities. To align with these changes with paragraph (b) and its paragraphs, CEQ proposes to strike the first clause in 40 CFR 1507.3(e) because it is unnecessary and could create confusion and move the other text in 40 CFR 1507.3(e) into 1507.3(c) as discussed below. CEQ also proposes clarifying edits, including adding paragraph headings to paragraphs (a) through (d). If any section or portion therein is stayed or determined to be invalid, or the applicability of any section to any person or entity is held invalid, it is the Council's intention that the validity of the remainder of those parts shall not be affected, with the remaining sections to continue in effect. Much of that feedback requested increased opportunities for public engagement and increased transparency about agency decision making, along with general requests that CEQ elevate the importance of public engagement in the NEPA process. Finally, CEQ proposes to add language encouraging agencies to provide digital references, such as hyperlinks, to incorporated material or otherwise indicate how the public can access the material for inspection. v. Protection of Wetlands. Agencies also may include reasonable alternatives not within the jurisdiction of the lead agency. E.O. Generally. Finally, CEQ proposes to strike 40 CFR 1505.2(b) consistent with the proposal to remove the exhaustion provision in 40 CFR 1500.3, as discussed in section II.B.2. In particular, it shall specify any additional information it needs to comment adequately on the draft statement's analysis of significant effects associated with the granting or approving by that cooperating agency of necessary Federal permits, licenses, or authorizations. CEQ intends this to be a clarifying, non-substantive change. In this section, agencies shall: (a) Rigorously explore and objectively evaluate reasonable alternatives to the proposed action, and, for alternatives that the agency eliminated from detailed study, briefly discuss the reasons for their elimination. [59] There are four ways to get started using this Nebraska City Limits map tool In the "Search places" box above the map, type an address, city, etc. "A Story of Highway Development in Nebraska". 97. supra E.O. 36 CFR 218.7(a), 219.52(a). Zoning Map. v. (4) On request of the lead agency, make available staff support to enhance the lead agency's interdisciplinary capability. Cooperating agencies and agencies that are authorized to develop and enforce environmental standards shall comment on environmental impact statements within their jurisdiction, expertise, or authority within the time period specified for comment in 1506.10 of this subchapter. Please allow time for the The environmental impact statement cover shall not exceed one page and shall include: (a) A list of the lead, joint lead and any cooperating agencies; (b) The title of the proposed action that is the subject of the statement (and, if appropriate, the titles of related cooperating agency actions), together with the State(s) and county(ies) (or other jurisdiction(s), if applicable) where the action is located; (c) The name, address, and telephone number of the person at the agency who can supply further information; (d) A designation of the statement as a draft, final, or draft or final supplement; (e) A one-paragraph abstract of the statement; (f) The date by which the agency must receive comments (computed in cooperation with the Environmental Protection Agency under 1506.10 of this subchapter); and. Here, in this Phase 2 notice of proposed rulemaking (NPRM), CEQ initiates a broader rulemaking to revise, update, and modernize the NEPA implementing regulations. We unlock the value hidden in the geographic data. v. (e) Finally, CEQ proposes to move to the end of this paragraph text from 40 CFR 1501.7(j) with modifications, including for consistency with section 107(a)(2)(E) of NEPA, and provide clarification to enhance interagency communication and issue resolution.

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