[Federal Register Volume 91, Number 17 (Tuesday, January 27, 2026)]
[Notices]
[Page 3446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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, [email protected]. The guidance is 
available for viewing online at www.nepa.gov.

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 www.nepa.gov.

Katherine R. Scarlett,
Chairman.
[FR Doc. 2026-01555 Filed 1-26-26; 8:45 am]
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