This page is intended to provide National Institute of Justice (NIJ) grant applicants with an overview of the National Environmental Policy Act (NEPA) and the requirements that may apply to NIJ-funded projects.
Background on NEPA
NEPA, signed into law in 1970 [42 U.S. Code § 4321-4347], aims to prevent or eliminate environmental damage from federal actions. NEPA requires that, before funding, authorizing, or implementing an action, federal agencies consider the effects that their proposed action(s) may have on the environment. NEPA’s definition of “environment” is broad, covering natural and historic resources, and human impacts, such as visual and noise effects that may concern local communities. This analysis is intended to inform the agency decision-making process and must occur before implementing a project.
NIJ NEPA Requirements for NIJ-Funded Projects
NEPA applies broadly to federal actions that could impact the environment, which encompasses policies, plans, and projects, including those funded by federal grants, such as NIJ grants. The Office of Justice Programs (OJP) NEPA regulations that apply to NIJ can be found in Appendix D to 28 CFR Part 61 – Office of Justice Assistance, Research, and Statistics Procedures Relating to the Implementation of the National Environmental Policy Act.
NIJ applicants must support NIJ’s compliance with NEPA by providing details about their project, its location, and any resources that might be affected. NIJ will then comply with NEPA for an activity or action by evaluating the environmental impacts of the action in one of three levels of analysis discussed in more detail below: a Categorical Exclusion (CATEX), an Environmental Assessment (EA), or an Environmental Impact Statement (EIS). After reviewing your project application, NIJ will determine which type of NEPA analysis is appropriate for the activity.
Categorical Exclusion (CATEX)
A CATEX is a type of action where a federal agency has determined, through formally adopted procedures, that an activity will not have a significant impact on the human environment. These determinations are a form of NEPA compliance, not an exemption from it. Each federal agency creates its list of CATEXs through NEPA implementing procedures. At NIJ, the NEPA Coordinator documents the use of a CATEX. NIJ’s CATEX list can be found in Appendix D to 28 CFR Part 61.
Common NIJ actions that typically qualify for a CATEX include training programs, minor renovations, and data collection projects. However, a CATEX will not be applied if extraordinary circumstances are present. The following factors are considered to determine whether extraordinary circumstances exist, indicating that the action may not be eligible for categorical exclusion and may require further NEPA review:
- Potential noise impacts exceeding federal, state, or local noise standards.
- Hazardous or solid waste generation exceeding on-site management capabilities or potentially violating hazardous or toxic substance regulations.
- Air emissions contributing to the nonattainment status under the Clean Air Act or failing to meet an applicable State Implementation Plan.
- Long-term or permanent impacts, such as structures intended for long-term use.
- Actions significantly larger or broader in scope than typical for this type of activity.
- Proximity to environmentally sensitive areas or resources such as federally listed threatened or endangered species or designated critical habitat, floodplains, wetlands, or historic properties.
- Public controversy surrounding the activity.
- Potential cumulative impacts created by the activity.
- Potential to violate statutory, regulatory, or permit requirements for environmental, safety, and health at the federal, state, or local level.
- Involves the development or use of new technologies with unproven impacts.
- Involves uncertain risks or impacts.
- Potential to set a precedent for future actions likely to have significant impacts.
- Connection to other actions with potentially significant impacts.
- Noncompliance with local or state plans or zoning requirements.
Environmental Assessment (EA)/Finding of No Significant Impact (FONSI)/ Programmatic Environmental Assessment (PEA)
An EA is a concise analysis completed by NIJ that is used to determine if a proposed action will have a significant impact on the environment. If, after analysis, no significant impacts are found, or mitigation can avoid or minimize adverse impacts below the level of significance, a Finding of No Significant Impact (FONSI) can be issued. However, if significant impacts are likely, a Notice of Intent to prepare an Environmental Impact Statement (EIS) is issued.
In 2023, OJP completed a Programmatic Environmental Assessment to evaluate the environmental impacts of projects it funds on a broader, program-wide scale. A "programmatic" NEPA review assesses the environmental impacts of proposed policies, plans, or programs that are anticipated to have routine or similar impacts. This approach allows federal agencies to streamline NEPA compliance for individual projects, reducing repetitive analysis.
Environmental Impact Statement (EIS)/Record of Decision (ROD)
An EIS is a comprehensive review that analyzes the environmental effects of a proposed action and its reasonable alternatives. After the review and a 45-day public comment period, a Record of Decision outlines the federal agency’s required actions and determines whether to proceed with the proposed action or one of the alternatives considered in the analysis.