2026-03697Notice

Northern Border Commission Layers On Eco-Checks for Projects

Published Date: 2/24/2026

Notice

Summary

The Northern Border Regional Commission (NBRC) is now using the National Environmental Policy Act (NEPA) to guide its decisions. This means NBRC will carefully check how its projects affect the environment before moving forward, balancing growth with nature’s protection. These new rules start right away and affect all NBRC-funded programs, helping ensure smarter, greener choices without slowing down progress or funding.

Analyzed Economic Effects

8 provisions identified: 3 benefits, 4 costs, 1 mixed.

NEPA Rules Apply Immediately

If you apply for or receive NBRC funding in Maine, New Hampshire, New York, or Vermont, NBRC is now using the National Environmental Policy Act (NEPA) in its decisions effective on publication (February 24, 2026). This means NBRC will consider environmental effects for all NBRC-funded programs and policies before final decisions.

No Funding Commitment Before NEPA

If you're seeking NBRC funds, NBRC cannot make an irretrievable commitment of funds or issue a full notice to proceed for a proposed action until the NEPA process is complete. That rule applies to funds and notices tied to NBRC projects in the NBRC service states.

Applicants Must Prepare NEPA Documents

If you are an NBRC sponsor (states, local governments, tribes, non-profits, or other applicants), you must assist NBRC and may need to prepare Environmental Assessments (EAs), Environmental Impact Statements (EISs), and other NEPA documents under NBRC direction. For actions where NBRC is the lead or sole federal agency, applicants must consult and receive NBRC approval before hiring contractors to prepare EAs or EISs.

Firm NEPA Timelines: 1 and 2 Years

NBRC will complete Environmental Assessments (EAs) not later than 1 year from the EA start date and Environmental Impact Statements (EISs) not later than 2 years from the NOI start date, unless NBRC consults with the applicant and sets a new deadline for cause. These deadlines are mandatory steps in NBRC's NEPA process.

Categorical Exclusions for Small Projects

NBRC lists specific categorical exclusions (CATEXs) so some projects can avoid a full EA or EIS if conditions are met. Examples include new facilities with footprints under 20,000 square feet and project areas under 2 acres, telecommunications projects with towers under 200 feet, and certain equipment or facility modifications located in urbanized or previously developed areas.

Sensitive Sites Trigger Full Review

If a proposed NBRC action involves extraordinary circumstances—such as hazardous materials, impacts to endangered species or critical habitat, significant effects on historic or cultural resources, excessive noise, or threats to public health and safety—NBRC will not apply a CATEX and will instead require an EA or EIS.

Environmental Assessment Page Limits

When NBRC requires an Environmental Assessment (EA), the EA text is limited to 75 pages (not including citations or appendices) and must follow specific formatting rules. A responsible official must certify the EA meets NEPA requirements within these page limits.

Public Notices and Document Publication

NBRC will publish NEPA documents and REC/CATEX documentation on its website and requires applicants to create and distribute public notices and coordinate public hearings when appropriate. NBRC's program staff will also provide status updates of NEPA analyses to applicants and interested parties.

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Key Dates

Published Date
2/24/2026

Department and Agencies

Department
Independent Agency
Agency
Northern Border Regional Commission
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