NIJ NEPA Process

The National Institute of Justice (NIJ) National Environmental Policy Act (NEPA) Coordinator reviews the project and determines the appropriate level of NEPA analysis. 

The NIJ NEPA Coordinator reviews each proposed NIJ project’s scope, activities, location, and potential impacts. 

NEPA Determination

Based on their review, the NIJ NEPA Coordinator determines the appropriate level of analysis under NEPA, which may range from a Categorical Exclusion (CATEX) for projects with minimal impacts to an Environmental Assessment (EA) or a more thorough Environmental Impact Statement (EIS) for projects with the potential for significant environmental effects. The NIJ NEPA Coordinator’s decision is essential, as it guides the level of environmental scrutiny required, ensuring that all relevant factors are considered and that the project aligns with both NEPA requirements and NIJ’s environmental standards.

No further documentation required: 

No further NEPA documentation is required if: 

• The proposed action qualifies as a categorical exclusion (CATEX). CATEXs are a category of actions that do not individually or cumulatively have a significant effect on the human environment and have been found to have no such effect in procedures adopted by a federal agency. The following agency actions are considered CATEXs for NIJ:
  • The bulk of the funded efforts, training programs, court improvement projects, research, and gathering statistical data.
  • Minor interior renovation projects or remodeling.
• The agency action is fully covered by the 2023 programmatic environmental assessment (PEA). The PEA reviewed the potential environmental effects of a number of NIJ-funded programs and activities. The following NIJ actions typically fall within the scope of the PEA: 
  • Procurement of supplies containing chemicals.
  • Minor exterior renovations.
  • Research activities.
  • Lab work that involves the use of chemicals.

Tiered Environmental Assessment (EA):

An EA is a concise public document prepared by a federal agency to provide enough evidence and analysis to decide whether to proceed with an EIS or a Finding of No Significant Impact (FONSI).

A tiered EA streamlines review by focusing only on resource areas that may have significant impacts and are not fully addressed by the 2023 PEA. If an NIJ action falls under the following criteria, it will likely require a tiered EA:

• Research and technology whose anticipated and future applications could be expected to affect the environment.
• Other actions for which it is determined by the NIJ NEPA Coordinator to be necessary and appropriate.

Full EA:

A full EA is required for proposed actions not covered by either the 2023 NIJ PEA or an NIJ CATEX. Though infrequent, a full EA applies when no prior environmental analysis exists for the action type. 

Environmental Impact Statement (EIS)

If the result of an EA is not a FONSI, the federal agency must prepare an EIS. This indicates that it is proposing a major federal action that significantly alters the quality of the human environment.

Finding of No Significant Impact (FONSI)

The EA process concludes with either a FONSI or the determination to proceed with an EIS; if the result of the EA is a FONSI, the agency action is permitted to take place.

Mitigated FONSI

A Mitigated FONSI is issued when the EA identifies potentially significant impacts that can be avoided or reduced through specific mitigation measures. These measures are incorporated into NIJ’s decision to ensure that the action will not result in significant environmental effects.

Monitoring

Monitoring refers to the process of tracking the implementation and effectiveness of mitigation measures over time. This ensures compliance with the established mitigation commitments and provides NIJ with the information needed to address any unforeseen environmental consequences.

Agency action

Includes policies, plans, programs, and projects.