---
kind: "section"
citation: "14 C.F.R. § 1216.202"
title: "14"
number: "1216.202"
heading: "NEPA and agency decision making."
url: "https://uscodex.org/cfr/14/1216.202"
---

# §1216.202. NEPA and agency decision making.

- (a) **Planning.** NEPA is a procedural statute intended to ensure Federal agencies consider the environmental impacts of their proposed actions in the decision-making process. Full and early integration of the NEPA process with NASA project and program planning improves agency decisions.
- (b) **Limitations on actions during the NEPA process.** Except as provided in [paragraph (c)](#c) of this section, until NASA issues a record of decision or finding of no significant impact, or makes a categorical exclusion determination, as applicable, NASA will take no action concerning a proposed action that would have an adverse environmental effect; or limit the choice of reasonable alternatives.
- (c) **Actions developed by non-Federal project sponsor.** If NASA is considering a proposed action from a non-Federal entity and becomes aware that the non-Federal project sponsor is about to take an action within NASA's jurisdiction that would meet either of the criteria in [paragraph (b)](#b) of this section, NASA will promptly notify the non-Federal project sponsor that NASA will take appropriate action to ensure that the objectives and procedures of NEPA are achieved. This section does not preclude development by non-Federal project sponsors of plans or designs or performance of other activities necessary to support an application for Federal, State, Tribal, or local permits or assistance. When considering a proposed action for Federal funding, NASA may authorize such activities, including but not limited to, acquisition of interests in land (e.g., fee simple, rights-of-way, and conservation easements), purchase of long lead-time equipment, and purchase options made by non-Federal project sponsors.
- (d) **Non-Federal project sponsor preparation of environmental documents.** A non-Federal project sponsor may prepare an environmental assessment or environmental impact statement under NASA's supervision. NASA's requirements for third-party- prepared environmental assessments and environmental impact statements are included in [subpart 1216.8](/cfr/14/subpart1216.8.md) of this part. For proposed actions that are initially developed by non-Federal entities, NASA will:
  - (1) Coordinate with the non-Federal project sponsor at the earliest reasonable time in the planning process to inform the project sponsor what information NASA will need to comply with NEPA and establish a schedule for completing steps in the NEPA review process, consistent with NEPA's statutory deadlines and any internal agency NEPA schedule requirements.
  - (2) Begin the NEPA process by determining whether NEPA applies, as described in [§ 1216.200](/cfr/14/1216.200.md), and if it does, determine the appropriate level of NEPA review, as described in [§ 1216.201](/cfr/14/1216.201.md).
- (e) **Real Estate Actions.** NASA must comply with this subpart when considering issuance of a permit, license, enhanced use lease (EUL), easement, right of way, or grant, to a Federal or a non-Federal party, as may be applicable, and seek such Federal or non-Federal party's assistance in obtaining necessary information and completing the NEPA process.

## Notes

### Authority

Authority: 51 U.S.C. 20101 et seq.; 42 U.S.C. 4321 et seq.; 42 U.S.C. 7609 et seq.

### Source

Source: 91 FR 39883, July 1, 2026, unless otherwise noted.