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DHS Compliance with the National Environmental Policy Act

The National Environmental Policy Act of 1969 (NEPA) is the federal government's charter for protection of the human environment. Through NEPA, Congress directed federal agencies to integrate environmental considerations into their planning and decision making. The NEPA process provides agency decision makers and the public with an understanding of the potential environmental impacts of proposed actions.

In accordance with NEPA, DHS prepares environmental documentation to identify and assess the potential for environmental impacts associated with proposed DHS activities and projects. NEPA documents include Environmental Assessments (EA), Findings of No Significant Impact (FONSI), Environmental Impact Statements (EIS), and Records of Decision (ROD). As a part of the process, DHS works in a collaborative manner with diverse stakeholders including local and state government, Native American Tribes, Federal land managers, and the interested public to identify, understand, and, to the extent possible, minimize impacts to the environment. DHS invites members of the public to participate in the Department's NEPA process by reviewing documents and findings issued by the Department and providing comments during the public comment period.

Environmental Impact Statements

  • There are currently no Environmental Impact Statements available for public review and comment. Please check the CBP, FEMA, and USCG environmental websites for additional documents.

Environmental Assessments

  • There are currently no Environmental Assessments available for public review and comment. Please check the CBP, FEMA, and USCG environmental websites for additional documents.

Other Documents for Public Review


The following NEPA documents are provided for your reference.

In accordance with National Environmental Policy Act (NEPA) Section 109, enacted as part of the Fiscal Responsibility Act of 2023, the Department of Homeland Security (DHS) is adopting the Department of Energy’s (DOE) electric vehicle charging stations Categorical Exclusion (CE).  Section 109 allows a Federal agency to adopt a CE listed in another agency’s NEPA procedures for a category of proposed agency actions for which the CE was established. 42 U.S.C. 4336c.  

To adopt another agency’s CE under Section 109, an agency must identify the relevant CE listed in that agency’s (“establishing agency”) NEPA procedures that cover its category of proposed actions or related actions; consult with the establishing agency to ensure that the proposed adoption of the CE to a category of actions is appropriate; identify to the public the CE that the agency plans to use for its proposed actions; and document adoption of the CE. Id.

DOE’s NEPA procedures codify DOE’s electric vehicle charging stations CE as CE B5.23 in 10 CFR part 1021, Subpart D, Appendix B, as follows:

B5.23 Electric vehicle charging stations

“The installation, modification, operation, and removal of electric vehicle charging stations, using commercially available technology, within a previously disturbed or developed area.  Covered actions are limited to areas where access and parking are in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management practices.

Previously disturbed or developed’ refers to land that has been changed such that its functioning ecological processes have been and remain altered by human activity.  The phrase encompasses areas that have been transformed from natural cover to non-native species or a managed state, including, but not limited to, utility and electric power transmission corridors and rights-of-way, and other areas where active utilities and currently used roads are readily available.” 10 CFR 1021.410(g)(1).

This notice documents DHS’s adoption of DOE’s electric vehicle charging stations CE under Section 109 of NEPA.

Notice of Adoption of the Department of Energy Electric Vehicle Charging Stations Categorical Exclusion Pursuant to Section 109 of the National Environmental Policy Act

Last Updated: 03/22/2024
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