Notice2026-01555
Emergencies and the National Environmental Policy Act Guidance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 27, 2026
Issuing agencies
Council on Environmental Quality
Abstract
On January 21, 2026, the Council on Environmental Quality (CEQ) issued guidance in a memorandum to the heads of Federal departments and agencies (agencies) to assist agencies with their compliance with the National Environmental Policy Act (NEPA) during emergencies.
Full Text
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<title>Federal Register, Volume 91 Issue 17 (Tuesday, January 27, 2026)</title>
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[Federal Register Volume 91, Number 17 (Tuesday, January 27, 2026)]
[Notices]
[Page 3446]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01555]
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COUNCIL ON ENVIRONMENTAL QUALITY
Emergencies and the National Environmental Policy Act Guidance
AGENCY: Council on Environmental Quality.
ACTION: Notice of availability.
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SUMMARY: On January 21, 2026, the Council on Environmental Quality
(CEQ) issued guidance in a memorandum to the heads of Federal
departments and agencies (agencies) to assist agencies with their
compliance with the National Environmental Policy Act (NEPA) during
emergencies.
DATES: This guidance was issued on January 21, 2026.
FOR FURTHER INFORMATION CONTACT: Jomar Maldonado, Director for NEPA,
202-395-5750, <a href="/cdn-cgi/l/email-protection#3e7451535f4c10735f525a51505f5a51685f444f4b5b447e5d5b4f105b514e10595148"><span class="__cf_email__" data-cfemail="bff5d0d2decd91f2ded3dbd0d1dedbd0e9dec5cecadac5ffdcdace91dad0cf91d8d0c9">[email protected]</span></a>. The guidance is
available for viewing online at <a href="http://www.nepa.gov">www.nepa.gov</a>.
SUPPLEMENTARY INFORMATION: On January 21, 2026, CEQ issued a memorandum
entitled Guidance on Emergencies and the National Environmental Policy
Act, which rescinds and replaces CEQ's Memorandum for Heads of
Departments and Agencies, Emergencies and NEPA Guidance (89 FR 106448
(Dec. 30, 2024)).
This guidance addresses development of alternative arrangements
during emergencies when an agency's action is likely to have
significant effects and would require preparation of an environmental
impact statement. This guidance also addresses compliance with NEPA
when the action is unlikely to have significant effects and might
require preparation of an environmental assessment or application of a
categorical exclusion.
CEQ has developed this guidance based on its extensive experience
assisting agencies in implementing NEPA during emergency situations
and, more specifically, in helping agencies develop alternative
arrangements for compliance with Section 102(2)(C) of NEPA (42 U.S.C.
4332(2)(C)) during these exigent situations. CEQ also has substantial
experience, pursuant to Section 102(2)(B) of NEPA (42 U.S.C.
4332(2)(B)), in consulting with agencies on development of agency NEPA
procedures, including development of emergency procedures. CEQ has
approved and agencies have successfully applied numerous alternative
arrangements to comply with Section 102(2)(C) of NEPA when authorizing,
funding, or carrying out a wide range of proposed actions in emergency
circumstances, including natural disasters, catastrophic wildfires,
threats to species and their habitat, economic crises, infectious
disease outbreaks, potential dam failures, insect infestations, and
emergencies declared by the President. Alternative arrangements do not
waive the requirement to comply with the NEPA statute. Rather, they
establish an alternative means for an agency to meet its NEPA
obligations.
The contents of the guidance do not have the force and effect of
law and are not meant to create legal rights or obligations to any
public party. The guidance does not establish new policy requirements.
The guidance is intended only to provide clarity to the agencies
regarding existing requirements under the law or agency policies.
The updated guidance is available at <a href="http://www.nepa.gov">www.nepa.gov</a>.
Katherine R. Scarlett,
Chairman.
[FR Doc. 2026-01555 Filed 1-26-26; 8:45 am]
BILLING CODE 3325-FC-P
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</html>Indexed from Federal Register on January 27, 2026.
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