Legal Definitions - major federal action

A major federal action refers to any significant undertaking or decision made by a U.S. federal government agency, or any project that requires substantial approval from a federal agency, which has the potential to cause a considerable impact on the natural or human environment. Under the National Environmental Policy Act (NEPA), when a federal agency plans such an action, it is typically required to conduct a thorough environmental review and prepare an Environmental Impact Statement (EIS). This document assesses the potential environmental effects, explores alternatives, and includes public input, ensuring that environmental considerations are integrated into federal decision-making.

Here are some examples illustrating what constitutes a major federal action:

• Example 1: Approval of a Large-Scale Wind Farm on Public Lands

  The Bureau of Land Management (a federal agency) proposes to lease a vast tract of federal land in a desert ecosystem for the development of a large-scale wind power generation facility. This project would involve constructing numerous wind turbines, access roads, and transmission lines.

  This qualifies as a major federal action because it is an undertaking by a federal agency (the Bureau of Land Management) that involves a significant land use change. The construction and operation of a large wind facility could have a substantial impact on the local environment, including potential effects on wildlife habitats (e.g., migratory birds and bats), water resources, and the visual landscape. Therefore, an environmental impact statement would likely be required to evaluate these effects before the project could proceed.

• Example 2: Federal Funding for a New Interstate Highway Bypass

  The Federal Highway Administration (a federal agency) provides significant funding and approval for a state-led project to construct a new interstate highway bypass around a major city. The bypass would cut through agricultural land and several small wetlands.

  Even though a state agency might lead the construction, the project becomes a major federal action due to the substantial federal funding and the requirement for federal approval. Building a new highway bypass could significantly impact the environment by altering land use, potentially fragmenting ecosystems, increasing impervious surfaces, and affecting air and water quality in the surrounding areas. The federal involvement triggers the requirement for an environmental review.

• Example 3: Development of a New National Forest Management Plan

  The U.S. Forest Service (a federal agency) develops and implements a new comprehensive forest management plan for a national forest. This plan includes provisions for extensive timber harvesting, prescribed burns, and new recreational trail development over several years.

  This is a direct undertaking by a federal agency (the U.S. Forest Service). The new management plan, with its provisions for large-scale logging, controlled fires, and infrastructure development, has the potential for significant environmental impacts on the forest ecosystem, including effects on biodiversity, soil erosion, water quality, and air quality. Consequently, it would be classified as a major federal action requiring a thorough environmental review to assess and mitigate these potential impacts.