Applying the NEPA Process—Native American Tribal Concerns and Participation

Description

This interactive training provides tribal staff and federal partners with a comprehensive understanding of NEPA requirements, including how to review, draft, and improve key environmental documents in alignment with current law and policy. Special attention is given to the Bureau of Indian Affairs (BIA) NEPA procedures and the unique considerations relevant to tribal lands and tribal engagement under federal law.

Participants will review NEPA document content requirements—including Categorical Exclusions (CEs), Environmental Assessments (EAs), and Environmental Impact Statements (EISs)—for compliance, clarity, and sufficiency. Hands-on review exercises will guide attendees through evaluating an EA: identifying what information is missing or extraneous, what is well-crafted, and how to improve the document through redrafting and revision.

The course also covers tribal considerations and public involvement requirements under NEPA, including how to incorporate treaty rights, government-to-government protocols, and BIA-specific processes.

Key intersectional laws such as the National Historic Preservation Act (Section 106) and the Endangered Species Act (ESA), with practical guidance on how to integrate these requirements into the NEPA process—particularly for projects on or near tribal lands or involving federal funding is also incorporated in the presentation.

New for 2025: NEPA’s Changing Regulatory Landscape

In light of the July 2025 DOI NEPA Procedure updates, this course has been updated to include:

1. Adapting to New DOI NEPA Procedures

  • New DOI NEPA procedures, with emphasis on:

    • Changes in documentation (CEs, EAs, EISs)

    • Removal of certain requirements

    • New thresholds or timelines

  • Specific implications for tribal consultation and BIA projects (especially how changes may reduce public involvement but increase pressure on early engagement)

  • Risk mitigation strategies: How tribes and practitioners can protect their interests and maintain strong administrative records amid procedural shifts.

Summary of NEPA Statutory Amendments (Fiscal Responsibility Act of 2023)

  • Page and time limits for EAs and EISs now codified

  • Lead agency coordination requirements

  • nclusion of more “categorical exclusion” authority

Objectives

Upon completion of this course, participants will be able to:

  • Understand and apply the NEPA process and federal agency implementing procedures, including BIA procedures.

  • Review and improve EAs and EISs for clarity, legal sufficiency, and decision-making utility.

  • Identify the legal and practical requirements of tribal consultation and treaty obligations under NEPA and related statutes.

  • Understand the evolving NEPA legal framework, including recent congressional amendments, CEQ regulation shifts, and court rulings.

  • Integrate Section 106 and ESA requirements into NEPA reviews, particularly on Indian lands.

  • Participate as a cooperating or lead agency under NEPA or apply NEPA as a planning tool for tribal initiatives.

  • Understand the role of NEPA in trust land acquisitions and similar federal undertakings.

Content

The basic format of the interactive workshop includes the following components:

  • The NEPA Framework and Its Recent Evolution

  • DOI’s 2025 NEPA Procedures

  • Environmental Document Review: CE, EA, EIS, FONSI, ROD

  • Developing Legally Defensible Alternatives and Mitigation

  • Scoping and Public Involvement in Tribal Contexts

  • Tribal Roles in the NEPA Process: Cooperating and Lead Agency

  • Integrating Section 106 and ESA with NEPA

  • Litigation Risk Reduction and Effective Documentation

  • NEPA as a Planning Tool for Tribes

  • EA Hands-On Review Exercises

Audience

Participants for this training generally include resource specialists, team leaders, decisionmakers, and other agency professionals who must understand the NEPA process to fully execute their responsibilities.This course has been designed for employees of the BIA, Indian Tribes, cooperating agencies, and contractors with interests in Native American issues.

Process

NEPA Process Management is an interactive workshop designed to build practical skills. For optimum learning, class size is limited to between 15 and 25 participants.This 2- or 3-day workshop is a carefully designed combination of the following:

  • 25% Lecture

  • 75% Discussion and exercises

Materials

Participants receive the following:

  • Comprehensive workshop manual

  • Workshop Resources workbook