DHS Speeds Up Green Lights for Eco-Friendly Projects
Published Date: 3/27/2026
Notice
Summary
The Department of Homeland Security just made it easier and faster to approve certain projects by adopting five new shortcuts called categorical exclusions under the National Environmental Policy Act. This means DHS can skip lengthy environmental reviews for specific actions that won’t harm the environment, saving time and resources starting March 27, 2026. If you’re involved with DHS projects, expect quicker decisions without cutting corners on protecting nature!
Analyzed Economic Effects
6 provisions identified: 5 benefits, 1 costs, 0 mixed.
DHS Adopts Five NEPA Shortcuts
On March 27, 2026, DHS adopted five categorical exclusions (CEs) from DOI, USDA (FSA), USFWS, and NASA so DHS can approve certain actions without preparing an environmental assessment (EA) or environmental impact statement (EIS) when there are no extraordinary circumstances. The CEs cover specific categories of work and let DHS skip longer NEPA reviews for those actions.
Dam Rehabilitation CE for FEMA Projects
DHS will use the DOI/Bureau of Reclamation CE at DOI NEPA Handbook Appendix 2 paragraph 14.5.D(17) for minor safety dam construction activities confined to the dam or abutment where no major reservoir or downstream change is expected. DHS intends to apply this CE to rehabilitation activities funded by the FEMA High Hazard Potential Dam Program.
Ground-Disturbance CE for Routine Works
DHS adopted the USDA/FSA CE at 7 CFR Subtitle A 1b.4(d)(1) to cover many construction or ground-disturbance actions (for example: bridges, dams, excavation, roads, ponds, wells, wetland restoration, grading, and soil/water conservation structures). DHS intends to use this CE for routine and maintenance projects with small footprints that would not require an EA or EIS.
Extraordinary Circumstances Still Require Review
DHS will evaluate proposed actions for extraordinary circumstances (for example impacts on public health and safety; listed species and migratory birds; historic or cultural resources; wetlands; 100-year floodplains; sole source aquifers; and other sensitive areas) and will prepare an EA or EIS if those circumstances could cause significant effects. DHS will document each application of adopted CEs and any consistency checks in its Decision Support System.
Prescribed Burning CE for Habitat Work
DHS will adopt the USFWS CE (DOI NEPA Handbook Appendix 2 paragraph B(4)) for the use of prescribed burning when conducted in accordance with local and State laws and when the purpose is habitat restoration or enhancement. FEMA would use this CE for limited fire prevention activities under the Hazard Mitigation Assistance program tied to habitat restoration.
UAS and Flight Activity CEs from NASA
DHS adopted two NASA CEs at 14 CFR part 1216.304: one for routine maintenance, repair, and operation of transportation systems (limited to small unmanned aircraft systems in Category 1 or Category 2) and one for periodic aircraft (including unmanned aircraft systems) flight activities that are routine and comply with laws. DHS will document CE use and follow NASA's limitations, applying the CE only to Category 1 or Category 2 unmanned aircraft systems.
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