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The Federal Planning Agency for America's Capital
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Review Authorities

The National Capital Planning Commission (NCPC) is an independent executive agency charged with oversight of the development of federal property within the National Capital Region. Its fundamental authority derives from the National Capital Planning Act of 1952, as amended. This legislation created the National Capital Planning Commission as it exists today. While the National Capital Planning Act defines and authorizes NCPC’s core mission, other authorities serve as the basis for additional Commission activities.

National Environmental Policy Act

42 U.S.C. §§ 4371 – 4375 40 CFR §§ 1500.1-1508.28

(NEPA) (42 U.S.C. §§ 4371 – 4375) and (CEQ)(40 CFR §§ 1500.1-1508.28).

The National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ)’s regulations require all federal agencies to determine whether their proposed actions cause significant environmental effects before they render a final decision on the action. Actions that trigger NEPA include, among others, approval of a project. This means NCPC as a federal agency must comply with the procedural requirements of NEPA when the Commission exercises approval authority. NCPC operates its NEPA program in accordance with agency specific regulations required by CEQ.

Unless a project fits within one of NCPC’s predetermined categorical exclusions (a category of actions that NCPC has determined does not individually or cumulatively have a significant effect on the environment), compliance with NEPA is achieved through preparation of an Environmental Assessment (EA) by a either a federal agency applicant with NCPC’s assistance or by NCPC for non-federal agency applicants with their assistance. The process culminates with the issuance of a finding of no significant impact (FONSI).

Conversely, if the EA documents the existence of significant impacts, or the existence of significant impacts is anticipated in the early stages of project planning, NEPA compliance is achieved by preparation of an Environmental Impact Statement (EIS) by the federal agency applicant with NCPC assistance or NCPC for non-federal agency applicants with their assistance and issuance of a record of decision (ROD). Either process must be completed prior to the Commission’s consideration and approval of a proposed project.

Smithsonian Institution Agreement

Memorandum of Agreement

The Memorandum of Agreement between the National Capital Planning Commission and the Smithsonian Institution codified how a NEPA assessment of projects submitted by the Smithsonian Institution will be conducted. The agreement describes to what degree an assessment will be made and that NCPC will serve as the NEPA lead, while the Smithsonian will be identified as the project owner.

The National Capital Planning Commission is the federal government's planning agency for the National Capital Region.

The 12-member Commission meets monthly to adopt, approve, or provide advice on plans and projects that impact the nation's capital and surrounding areas.

401 9th Street, NW
Suite 500N
Washington DC 20004
Phone: (202) 482-7200
Email: info@ncpc.gov
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