DHS Adds 27 Shortcuts to Environmental Reviews
Published Date: 6/16/2025
Notice
Summary
The Department of Homeland Security (DHS) just adopted 27 new shortcuts called categorical exclusions to speed up environmental reviews for certain projects. This means DHS can now skip lengthy paperwork for actions that won’t harm the environment, saving time and resources. These changes take effect on June 16, 2025, and affect anyone involved in DHS projects needing environmental checks.
Analyzed Economic Effects
8 provisions identified: 8 benefits, 0 costs, 0 mixed.
DHS Adopts 27 Categorical Exclusions
On June 16, 2025, DHS adopted 27 categorical exclusions (CEs) from other agencies so it can skip full NEPA paperwork (an EA or EIS) for certain actions that normally do not have significant environmental effects. DHS will apply these specified CEs to eligible DHS projects unless an "extraordinary circumstance" exists that requires more environmental review.
FEMA Building Rehabilitation CE Limits
DHS will use HUD's CE for building rehabilitation (24 CFR 50.20(a)(2)) for some FEMA-funded disaster repairs. The CE applies when residential density stays at four units or fewer, multifamily unit density does not change more than 20 percent, non-residential size/capacity does not change more than 20 percent, and estimated rehab cost is less than 75 percent of the replacement cost.
New CE for Transmission and Substation Work
DHS adopted a TVA CE that covers new electric transmission lines generally no more than 10 miles long and that require no more than 125 acres of new developed rights-of-way, and substations or interconnection facilities that generally disturb no more than 10 acres. DHS intends to use this CE for construction of transmission infrastructure and related support facilities.
Post-Fire and Wildland Stabilization CEs (Acreage & Time Limits)
DHS will use CEs for post-fire and wildland stabilization including BLM and USFS CEs that limit actions to no more than 4,200 acres for certain emergency/post-fire work. The BLM emergency stabilization CE requires completion within one year following the event; the USFS post-fire rehabilitation CE requires completion within 3 years and both prohibit new permanent roads and use of herbicides/pesticides in those CEs' descriptions.
Dam Removal and Dam Rehabilitation CEs for High-Hazard Dams
DHS will apply multiple NRCS, USFS, and RD CEs to support dam removal and rehabilitation work funded under High Hazard Potential Dam programs. DHS intends to use CEs for actions such as removing dikes, restoring flow to floodplains, repairing or improving spillways, increasing freeboard, and other repairs, and for some RD CEs DHS intends to limit disturbance to less than 10 acres.
Tree Removal, Salvage, and Sanitation Harvest CEs
DHS adopted BLM CEs covering sale/removal of hazardous individual trees, reforestation activities, salvaging dead or dying trees up to 250 acres (with up to 0.5 mile of temporary road construction), and commercial/non-commercial sanitation harvests up to 250 acres. DHS plans to use these CEs for hazard tree removal, reforestation, and insect/disease control for disaster recovery and wildfire risk reduction.
Minor Disaster Repairs & Routine Road/Firebreak Work
DHS adopted Navy and Army CEs that cover minor repairs after wildfires, floods, earthquakes, or severe weather and routine road, trail, and firebreak maintenance. The Navy CE requires covered activities to be completed within one year following the event and prohibits construction of new permanent roads; the Army CE lists examples like grading, resurfacing to original conditions, pruning vegetation, and cleaning culverts.
Extraordinary Circumstances Still Require Review
Even when a CE appears to apply, DHS will evaluate "extraordinary circumstances" (for example, effects on listed species, wetlands, historic properties, 100-year floodplains, or other sensitive resources). If such circumstances exist or could result in significant effects, DHS will prepare an environmental assessment (EA) or environmental impact statement (EIS) instead of using the CE.
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