91 FR 39086
COUNCIL ON ENVIRONMENTAL QUALITY
AGENCY:
Council on Environmental Quality.
ACTION:
Notice of withdrawal of guidance documents.
SUMMARY:
The Council on Environmental Quality (CEQ) is withdrawing certain guidance documents.
DATES: The withdrawals are applicable as of June 29, 2026.
FOR FURTHER INFORMATION CONTACT:
Jomar Maldonado, Director for the National Environmental Policy Act, 730 Jackson Place NW, Washington, DC 20503, jomar.maldonadovazquez@ceq.eop.gov or (202) 395-5750.
SUPPLEMENTARY INFORMATION:
Since its establishment in 1970, CEQ has overseen the implementation of the National Environmental Policy Act (NEPA). CEQ previously issued its own NEPA implementing regulations pursuant to direction provided in a now-rescinded Executive Order, and issued guidance documents interpreting or otherwise citing those now-rescinded NEPA implementing regulations, as well as NEPA and other statutes and various Executive Orders. As a result of CEQ rescinding its NEPA implementing regulations, Congressional amendments to NEPA, revocations of various Executive Orders, caselaw developments, and other intervening events, many guidance documents previously issued by CEQ are facially obsolete or are otherwise unaligned with the current state of the law or with Administration policy. See Removal of National Environmental Policy Act Implementing Regulations, 90 FR 10610 (February 25, 2025); Removal of National Environmental Policy Act Implementing Regulations, 91 FR 618 (January 8, 2026). Additionally, certain guidance documents previously issued by CEQ have requested agencies provide reports or information by time-specific deadlines that have subsequently passed.
Accordingly, CEQ is hereby withdrawing the documents set forth below. CEQ intends to review all withdrawn guidance documents to determine whether they should be updated and reissued, replaced, or remain withdrawn. Copies of the withdrawn guidance documents listed below will be maintained on CEQ's website (marked as “WITHDRAWN”) for historical and informative purposes. CEQ will also continue to review other guidance documents not currently identified below for consideration for potential future withdrawal.
1. Final Guidance for Effective Use of Programmatic NEPA Reviews, 79 FR 76986 (Dec. 23, 2014).
2. Final Guidance on Improving the Process for Preparing Efficient and Timely Environmental Reviews under the National Environmental Policy Act, 77 FR 14473 (Mar. 12, 2012).
3. 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, 76 FR 3843 (Jan. 21, 2011).
4. National Environmental Policy Act; Pollution Prevention, 58 FR 6478 (Jan. 29, 1993).
5. Guidance Regarding NEPA Regulations, 48 FR 34263 (July 28, 1983).
6. Scoping Guidance, 46 FR 25461 (May 7, 1981).
7. Forty Most Asked Questions Concerning CEQ's National Environmental Policy Act Regulations, 46 FR 18026 (Mar. 23, 1981).
8. Publishing of Three Memoranda for Heads of Agencies, 45 FR 59189 (Sept. 8, 1980).
9. Executive Order 12144: Implementing and Explanatory Documents, 44 FR 18722 (Mar. 29, 1979).
1. CEQ Memo: “Implementation of Updated National Environmental Policy Act Regulations” (June 28, 2024).
2. CEQ Memo: “Guidance on the Consideration of Past Actions in Cumulative Effects Analysis” (June 24, 2005).
3. CEQ Memo: “Guidance for Environmental Assessments of Forest Health Projects” (Dec. 9, 2002).
4. CEQ Memo: “Cooperating Agencies in Implementing the Procedural Requirements of the National Environmental Policy Act” (Jan. 30, 2002).
5. CEQ Memo: “Designation of Non-Federal Agencies to be Cooperating Agencies in Implementing the Procedural Requirements of the National Environmental Policy Act” (July 28, 1999).
6. CEQ Memo: “Environmental Justice: Guidance Under the National Environmental Policy Act” (Dec. 10, 1997).
7. CEQ Memo: “Guidance on Applying Section 404(r) of the Clean Water Act To Federal Projects Which Involve the Discharge of Dredged or Fill Materials into Waters of the U.S., Including Wetlands” (Nov. 17, 1980).
8. CEQ Memo: “Agency Implementing Procedures Under CEQ's NEPA Regulations” (Jan. 19, 1979).
9. CEQ Memo: “Environmental Review Pursuant to Section 1424(e) of the Safe Drinking Water Act of 1974 and its Relationship to the National Environmental Policy Act of 1969” (Nov. 19, 1976).
Katherine Scarlett,
Chairman.
[FR Doc. 2026-13079 Filed 6-26-26; 8:45 am]
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