Executive Office of the President – Federal Register Recent Federal Regulation Documents
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Draft Tribal Consultation Policy
Pursuant to Executive Order 13175, the Director, National Drug Control Policy, is establishing a policy governing how the Office of National Drug Control Policy, Executive Office of the President [ONDCP] will consult with American Indian and Alaska Native Tribes, tribal organizations and urban Indian organizations regarding Federal policies that directly affect Indian Country and urban Indian communities.
Call for Innovative National Environmental Policy Act (NEPA) Pilot Project Proposals
The Chair of the Council on Environmental Quality (CEQ) invites the public and federal agencies to nominate innovative pilot projects that accomplish the NEPA goals of transparency and informed decisionmaking in a more timely and effective manner. Nominations will be accepted via online submission until June 15, 2011. CEQ will track and publicize the progress of selected pilot projects as part of its NEPA Pilot Program, to identify and promote more efficient ways to do effective environmental reviews that can be replicated across the Federal Government. The NEPA Pilot Project Program is part of CEQ's broad effort to modernize and reinvigorate federal agency implementation of NEPA through innovation, public engagement, and transparency. The NEPA Pilot Program will also facilitate a review under section 6 of Executive Order 13563, ``Improving Regulation and Regulatory Review,'' of provisions of CEQ's NEPA Regulations that may be outmoded, ineffective, insufficient, or excessively burdensome. 76 FR 3821, Jan. 21, 2011; 40 CFR 1500-1508.
Instructions for Implementing Climate Change Adaptation Planning in Accordance With Executive Order 13514
The Chair of the Council on Environmental Quality (CEQ) is issuing instructions to Federal agencies for integrating climate change adaptation into agency policies and practices, as required under Executive Order 13514 (``Executive Order'' or ``E.O. 13514''), ``Federal Leadership in Environmental, Energy, and Economic Performance,'' signed by President Obama on October 5, 2009. 74 FR 52117, Oct. 8, 2009. The purpose of the Executive Order is to establish an integrated strategy toward sustainability in the Federal Government and to make reduction of greenhouse gas emissions a priority for Federal agencies. Section 5(b) of E.O. 13514 directs the Chair of CEQ to issue instructions to implement the Executive Order. The Instructions for Implementing Climate Change Adaptation Planning are now available at: https://www.whitehouse.gov/administration/eop/ceq/ initiatives/adaptation.
Final Guidance for Federal Departments and Agencies on the Appropriate Use of Mitigation and Monitoring and Clarifying the Appropriate Use of Mitigated Findings of No Significant Impact
The Council on Environmental Quality (CEQ) is issuing its final guidance for Federal departments and agencies on the appropriate use of mitigation in Environmental Assessments (EAs) and Environmental Impact Statements (EISs) under the National Environmental Policy Act (NEPA). The guidance was developed to modernize, reinvigorate, and facilitate and increase the transparency of NEPA implementation. This guidance outlines principles Federal agencies should apply in the development of their NEPA implementing regulations and procedures to guide their consideration of measures to mitigate adverse environmental impacts in EAs and EISs; their commitments to carry out mitigation made in related decision documents, such as the Record of Decision; the implementation of mitigation; and the monitoring of mitigation outcomes during and after implementation. This guidance also outlines principles agencies should apply to provide for public participation and accountability in the development and implementation of mitigation and monitoring efforts that are described in their NEPA documentation. Mitigation commitments should be explicitly described as ongoing commitments and should specify measurable performance standards and adequate mechanisms for implementation, monitoring, and reporting. In addition, this guidance affirms the appropriateness of what is traditionally referred to as a ``mitigated Finding of No Significant Impact.'' Mitigated Findings of No Significant Impact (FONSIs) can result when an agency concludes its NEPA review with an EA that is based on a commitment to mitigate significant environmental impacts, so that a more detailed EIS is not required. As explained in this guidance, an agency does not have to prepare an EIS when the environmental impacts of a proposed action can be mitigated to a level where the agency can make a FONSI determination, provided that the agency or a project applicant commits to carry out the mitigation, and establishes a mechanism for ensuring the mitigation is carried out. When a FONSI depends on successful mitigation, the requisite mitigation commitments should be made public.
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