Interior Cuts NEPA Regulations and Adds Expedited Processing for a Fee

3/13/2026

WASHINGTON, D.C.   –  On February 23, 2026, Secretary Burgum signed a final rule cutting over 80 percent of the Department of the Interior’s (Interior) existing National Environmental Policy Act (NEPA) regulations. Interior’s new NEPA procedures incorporate deadlines for NEPA reviews and page limits for NEPA documents. Project sponsors can also pay a fee for expedited NEPA processing. Interior reports that it took this action in support of the President’s “commitment to unleash American Dominance and responsible resource use, in addition to strengthening national security and restoring common sense to federal permitting.”

The vast majority of Interior’s NEPA procedures were moved from the Code of Federal Regulations to Interior’s NEPA Handbook which is available here. Interior’s NEPA Handbook provides that Environmental Assessments (EA) must be completed within one year and cannot exceed 75 pages. Environmental Impact Statements (EIS) must be completed within two years and cannot exceed 150 pages or 300 pages for very complex actions. If an Interior bureau fails to meet these deadlines, project sponsors may seek judicial review.

Interior’s NEPA Handbook also allows project sponsors to pay a fee for expedited NEPA processing. The ability to pay for expedited processing was included as an amendment to NEPA in the One Big Beautiful Bill, Public Law 119-21, that passed Congress on July 4, 2025. This amendment to NEPA, codified at 42 U.S.C. § 4336f, allows project sponsors to pay 125 percent of the anticipated costs of preparing an EA or EIS as a fee for expedited processing. After paying the fee, an EA must be completed within 180 days and an EIS must be completed within one year.

Interior dramatically altered its NEPA process and added the ability of project sponsors to pay for expedited processing without any Tribal Consultation. Executive Order No. 13175 and Interior’s own Tribal Consultation Policy require that federal agencies engage in meaningful consultation with Tribal governments on policies that have tribal implications. However, Interior concluded that the changes to its NEPA regulations were only “procedural” or “deregulatory,” and did not trigger any requirement for Tribal Consultation. The final rule and Interior’s explanation for why Tribal Consultation was not necessary is available here.

Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country.  Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients.  To learn more about how we can assist you, contact us at info@skenandorewilson.com or 608-608-1210.