Is the National Environmental Policy Act of 1969, as amended (NEPA), still in effect? What amendments were made to the NEPA in 2023 and 2025?
Yes. The National Environmental Policy Act (NEPA) of 1969, as amended, (42 U.S.C. § 4321, et seq.) sets the national policy for protection and enhancement of the human environment. Amendments were made to the NEPA in 1975, 1982, 2023, and 2025. The Builder Act of the Fiscal Responsibility Act of 2023 amended the NEPA by revising section 102(2) and adding sections 106-111 to the statute. The Big Beautiful Bill Act of 2025 amended the NEPA by adding section 112 which allows project proponents to pay a fee in exchange for an expedited NEPA review.
Are the Council on Environmental Quality’s NEPA Regulations still in effect?
No. The Council on Environmental Quality (CEQ) published an Interim Final Rule (90 FR 10610) to remove the CEQ’s NEPA Regulations (40 CFR 1500-1508) with an effective date of April 11, 2025. This means that since April 11, 2025, Federal agencies were no longer mandated to follow the CEQ’s NEPA Regulations.
What NEPA regulations and procedures does the Service currently follow?
The Service follows theDepartment of the Interior (DOI) NEPA Implementing Regulations, 43 CFR 46, that were revised and partially rescinded on July 3, 2025 (90 FR 29498). The Service follows the NEPA procedures in the DOI Handbook of National Environmental Policy Act Implementing Procedures (516 DM 1). The Handbook Appendix 1 provides bureau examples of those DOI proposed major Federal actions that typically require an environmental assessment or an environmental impact statement including Service examples. The Handbook Appendix 2provides bureau and office categorical exclusionsas well as adopted categorical exclusions. The Handbook Appendix 3 contains DOI NEPA implementation guidance.
How can a member of the public get involved in the NEPA decision-making process for a Service major Federal action?
The NEPATracker can be used to search for available Service NEPA notices and documents that are open for public comment. The respective project notice will provide instructions for how to submit public comments and comment submission deadlines. Some public notices for proposed Service major Federal actions are also posted in the Federal Register, such as notices of intent for environmental impact statements (EISs) and final EISs.
How can I find available Service NEPA documents? Which available Service NEPA documents are published online?
The NEPATracker can be used to search for available Service NEPA documents published on or after July 3, 2025 (there may also be some limited availability of documents posted prior to this date). The following types of NEPA documents are published in the NEPATracker: notices, draft and final EAs and EISs (if available), and final decision documents (i.e., findings of no significant impact and records of decision) when available.
I am having trouble using the NEPATracker to access Service documents. Who should I contact?
To request assistance using the NEPATracker or to report a technical issue, please message us through the FWS Contact form below.
FWS Contact
