Interior Dept Ditches NEPA Rules for a Handy Handbook Switch
Published Date: 2/24/2026
Rule
Summary
The Department of the Interior just finalized new rules that simplify how it follows the National Environmental Policy Act (NEPA). These changes mainly affect DOI’s internal processes by moving most NEPA procedures out of official federal rules and into a more flexible handbook. The new rules take effect on February 24, 2026, making it easier and quicker for DOI to handle environmental reviews without extra costs or delays.
Analyzed Economic Effects
5 provisions identified: 5 benefits, 0 costs, 0 mixed.
DOI moves NEPA rules into Handbook
DOI moved most of its NEPA procedures out of the Code of Federal Regulations into the Department of the Interior NEPA Handbook. DOI says this change is meant to make reviews faster, more flexible, and more efficient and to help DOI complete documents within the statutory timelines; the final rule is effective February 24, 2026.
Applicants may prepare NEPA documents
The rule retains and updates regulations allowing DOI bureaus to rely on environmental assessments and environmental impact statements prepared by applicants or by contractors hired by DOI. This implements NEPA Section 107(f) and adds standards and procedures for using applicant- and contractor-prepared documents.
Categorical exclusions retained and clarified
DOI retained regulations for categorical exclusions (43 CFR 46.205, 46.210, 46.215) that let many actions avoid longer environmental assessments or impact statements. The final rule also says bureaus may rely on categorical exclusion determinations by other agencies, may apply multiple categorical exclusions to composite actions, and reinstates hazardous fuels reduction and post-fire rehabilitation exclusions with a limitation on use in States under the Ninth Circuit's jurisdiction.
Emergency actions may proceed without NEPA
DOI retained 43 CFR 46.150 to clarify that responsible officials may take actions needed to address imminent threats to life, property, or important natural, cultural, or historic resources without conducting a NEPA review. Officials should consider probable environmental consequences and mitigation to the extent practicable.
EIS page limits and certification rules
The DOI NEPA Handbook and final rule adopt statutory page limits for environmental impact statements: no more than 150 pages normally and up to 300 pages when a proposed action is of extraordinary complexity. The handbook also directs the Responsible Official to certify that the EIS prioritizes the most important considerations.
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