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As noted in its Policy Statement on Consultation with Indian Tribes in Commission Proceedings, the Federal Energy Regulatory Commission (FERC) recognizes the unique relationship between the United States and Tribes as defined by treaties, statutes, and judicial decisions. FERC has committed to promote a government-to-government relationship between itself and federally recognized Indian Tribes. This guide reviews FERC’s role in the environmental review process for energy infrastructure projects under the National Environmental Policy Act (NEPA) and highlights how federally recognized Indian Tribes may engage with and participate in FERC’s review. FERC is an independent federal agency that regulates the siting, construction, operation, and/or removal of certain energy infrastructure projects, such as interstate natural gas pipelines, liquefied natural gas terminals, non-federal hydropower facilities, and, under certain circumstances, interstate transmission facilities. FERC’s responsibilities regarding different types of infrastructure are established by the Natural Gas Act and the Federal Power Act. As part of the approval process for energy infrastructure projects, and as required by NEPA, FERC prepares an environmental document: either an Environmental Assessment or an Environmental Impact Statement. For energy infrastructure projects requiring multiple federal permits, FERC generally serves as the lead agency for NEPA review.
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