Chapter 10 › I.E.1–3 NEPA, NHPA and ESA

What do NEPA, Section 106 and the Endangered Species Act require for our project?

FEMA term

National Environmental Policy Act; National Historic Preservation Act; Endangered Species Act

Short answer

NEPA decides the level of environmental review, from an exclusion up to a full environmental impact statement. Section 106 of the National Historic Preservation Act requires FEMA to check effects on historic properties and consult the State or Tribal Historic Preservation Officer. Section 7 of the Endangered Species Act requires review of effects on listed species and habitat, and consultation if there are effects.

What FEMA requires

NEPA: FEMA must consider effects of proposed actions and alternatives on the human environment before deciding. An environmental assessment ends in a finding of no significant impact, or a notice of intent to prepare an environmental impact statement.
NHPA Section 106: FEMA assesses whether PA work affects historic properties (buildings, structures, sites including archaeology, objects and districts) and consults the SHPO or THPO and other parties, including you, to resolve adverse effects. Programmatic agreements streamline this.
ESA Section 7: FEMA reviews PA projects for effects on listed species and critical habitat and consults the U.S. Fish and Wildlife Service or National Marine Fisheries Service if there may be an effect. Consultation may add project conditions you must follow.
Other laws may apply depending on location and work, including the Coastal Zone Management Act, RCRA and the Marine Mammal Protection Act (see Appendix D).

<table class="pt-table"><thead><tr><th>NEPA review level</th><th>When it applies</th></tr></thead><tbody><tr><td>Statutory exclusion (STATEX)</td><td>Work required after a disaster to return facilities to pre-disaster condition; exempt from NEPA</td></tr><tr><td>Categorical exclusion (CATEX)</td><td>Types of work that normally have no significant effect, with no extraordinary circumstances</td></tr><tr><td>Environmental assessment (EA)</td><td>Work not covered by a STATEX or CATEX where significant impacts are unlikely or unknown; includes alternatives and public involvement</td></tr><tr><td>Environmental impact statement (EIS)</td><td>Major actions that significantly affect the environment; extensive agency and public coordination</td></tr></tbody></table>

Documentation

Information on historic properties (age, renovations, listings) for Section 106 consultation; any species or habitat information for ESA review; and records showing you followed project conditions such as timing restrictions or construction practices.

Watch out · Govstar practitioner advice

Consultations under Section 106 and Section 7 can add conditions such as work windows that avoid nesting or spawning seasons. Build those into your construction schedule early, because missing one can make the work noncompliant.

Govstar summarizes FEMA’s Public Assistance Program and Policy Guide in plain language and links to the official text. Govstar is independent and not affiliated with FEMA. This is general guidance, not legal advice.