Description

The Federal Communications Commission (FCC) will hold a virtual Tribal Consultation on potential changes to its National Environmental Policy Act (NEPA) rules, January 14, 2026 from 1:00 p.m. to 4:00 p.m. EST. The consultation provided a forum for federally-recognized Tribal Nations and Native Hawaiian Organizations (NHOs) to discuss a proposed rulemaking aimed at streamlining environmental reviews for communications infrastructure development. 

Key points related to the consultation and the proposed rule changes include:

Objective: The FCC is considering updates to its NEPA and National Historic Preservation Act (NHPA) rules in response to 2023 amendments to NEPA and an Executive Order to "streamline the environmental review process, promote efficiency, and encourage deployment of infrastructure".

Background: A petition from CTIA—The Wireless Association prompted the FCC to reevaluate its NEPA framework, arguing that recent legal changes allow the Commission more discretion in determining which actions constitute a "Major Federal Action" requiring extensive review.

Tribal Concerns: Tribal Nations and organizations have expressed concerns about the potential changes, particularly the impact on historic properties and the sufficiency of the consultation process itself. Previously scheduled consultations were postponed due to a government shutdown in October 2025.

Process Clarification: The FCC has stated that while it recognizes the importance of consultation, it will only rely on materials officially placed in the public record for its decision-making process. Ex parte presentations (off-the-record communications) from Tribal leaders are exempt from disclosure requirements but not from the requirement to be in the public record for consideration on the merits.

Audience: Attendance at the consultation was limited to elected and appointed leaders, or duly appointed representatives of federally-recognized Tribal Nations and NHOs. 

For more information on the proposed changes, visit the link below.

Interested participants can find more information on the FCC's website and register by emailing Native@fcc.gov