NEPA Process | Midpage

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Code of Federal Regulations

ECFRf334548f85f4119

NEPA Process

137.285Are Self-Governance Tribes required to accept Federal environmental responsibilities to enter into a construction project agreement?137.286Do Self-Governance Tribes become Federal agencies when they assume these Federal environmental responsibilities?137.287What is the National Environmental Policy Act (NEPA)?137.288What is the National Historic Preservation Act (NHPA)?137.289What is a Federal undertaking under NHPA?137.290What additional provisions of law are related to NEPA and NHPA?137.291May Self-Governance Tribes carry out construction projects without assuming these Federal environmental responsibilities?137.292How do Self-Governance Tribes assume environmental responsibilities for construction projects under section 509 of the Act [25 U.S.C. 458aaa-8]?137.293Are Self-Governance Tribes required to adopt a separate resolution or take equivalent Tribal action to assume environmental responsibilities for each construction project agreement?137.294What is the typical IHS environmental review process for construction projects?137.295May Self-Governance Tribes elect to develop their own environmental review process?137.296How does a Self-Governance Tribe comply with NEPA and NHPA?137.297If the environmental review procedures of a Federal agency are adopted by a Self-Governance Tribe, is the Self-Governance Tribe responsible for ensuring the agency's policies and procedures meet the requirements of NEPA, NHPA, and related environmental laws?137.298Are Self-Governance Tribes required to comply with Executive Orders to fulfill their environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8]?137.299Are Federal funds available to cover the cost of Self-Governance Tribes carrying out environmental responsibilities?137.300Since Federal environmental responsibilities are new responsibilities, which may be assumed by Tribes under section 509 of the Act [25 U.S.C. 458aaa-8], are there additional funds available to Self-Governance Tribes to carry out these formerly inherently Federal responsibilities?137.301How are project and program environmental review costs identified?137.302Are Federal funds available to cover start-up costs associated with initial Tribal assumption of environmental responsibilities?137.303Are Federal or other funds available for training associated with Tribal assumption of environmental responsibilities?137.304May Self-Governance Tribes buy back environmental services from the IHS?137.305May Self-Governance Tribes act as lead, cooperating, or joint lead agencies for environmental review purposes?137.306How are Self-Governance Tribes recognized as having lead, cooperating, or joint lead agency status?137.307What Federal environmental responsibilities remain with the Secretary when a Self-Governance Tribe assumes Federal environmental responsibilities for construction projects under section 509 of the Act [25 U.S.C. 458aaa-8]?137.308Does the Secretary have any enforcement authority for Federal environmental responsibilities assumed by Tribes under section 509 of the Act [25 U.S.C. 458aaa-8]?137.309How are NEPA and NHPA obligations typically enforced?137.310Are Self-Governance Tribes required to grant a limited waiver of their sovereign immunity to assume Federal environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8]?137.311Are Self-Governance Tribes entitled to determine the nature and scope of the limited immunity waiver required under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)]?137.312Who is the proper defendant in a civil enforcement action under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)]?