Department of Defense Implementation of the National Environmental Policy Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Issuing agencies
Abstract
The Army, Navy and Air Force are rescinding their NEPA implementing regulations in separate interim final rules. The Department will make the Department of Defense National Environmental Policy Act Implementing Procedures (DoD NEPA Procedures) available on the website listed in the SUPPLEMENTARY INFORMATION section of this notice on June 30, 2025.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 123 (Monday, June 30, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 123 (Monday, June 30, 2025)]
[Notices]
[Page 27857]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12094]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
Department of Defense Implementation of the National
Environmental Policy Act
AGENCY: Office of the Secretary of Defense, Department of Defense
(DoD).
ACTION: Public notice.
-----------------------------------------------------------------------
SUMMARY: The Army, Navy and Air Force are rescinding their NEPA
implementing regulations in separate interim final rules. The
Department will make the Department of Defense National Environmental
Policy Act Implementing Procedures (DoD NEPA Procedures) available on
the website listed in the SUPPLEMENTARY INFORMATION section of this
notice on June 30, 2025.
FOR FURTHER INFORMATION CONTACT: Terry Bowers, Office of the Assistant
Secretary of Defense for Energy, Installations, and Environment, (703)
693-9447, <a href="/cdn-cgi/l/email-protection#a3d7c6d1d1da8dcf8dc1ccd4c6d1d092978dc0cad5e3cec2cacf8dcecacf"><span class="__cf_email__" data-cfemail="6f1b0a1d1d164103410d00180a1d1c5e5b410c06192f020e060341020603">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Council on Environmental Quality (CEQ)
previously issued regulations at 40 CFR parts 1500-1508 implementing
the National Environmental Policy Act (NEPA). On February 25, 2025, CEQ
issued an interim final rule to remove these regulations. See Removal
of National Environmental Policy Act Implementing Regulations (90 FR
10610; Feb. 25, 2025). This action was necessitated by and consistent
with Executive Order (E.O.) 14154, Unleashing American Energy (90 FR
8353; January 20, 2025), in which President Trump rescinded President
Carter's E.O. 11991, Relating to Protection and Enhancement of
Environmental Quality (42 FR 26967; May 24, 1977), which was the
original authority for CEQ's issuance of NEPA implementing regulations.
The Military Departments' NEPA implementing procedures had served as a
supplement to those CEQ regulations. E.O. 14154 further directed
agencies to revise their NEPA implementing procedures consistent with
the E.O.; the Military Departments will therefore repeal their
respective National Environmental Policy Act (NEPA) implementing
regulations by June 30, 2025.
The Department will also issue the Department of Defense National
Environmental Policy Act Implementing Procedures (DoD NEPA Procedures)
on June 30, 2025. These procedures will apply to DoD Components
including functions for the Army Civil Works programs. These procedures
will be available on <a href="https://www.denix.osd.mil/nepa/">https://www.denix.osd.mil/nepa/</a>. The U.S. Army
Corps of Engineers will issue separate NEPA implementing regulations
for their regulatory functions formerly addressed under title 33 CFR
part 320.
The DoD NEPA Procedures provide guidelines for agency procedure and
practice with respect to NEPA compliance. The DoD NEPA Procedures do
not govern the rights and obligations of any party outside the federal
government. Further, nothing contained in the DoD NEPA Procedures is
intended or should be construed to limit the Department's other
authorities or legal responsibilities.
The DoD NEPA Procedures seek to faithfully implement the recent
significant changes to NEPA prescribed by Congress, instruction
provided by the President, and guidance provided by the Supreme Court.
They streamline and improve efficiency of the environmental review
process; expedite project delivery; and ensure that NEPA documents
inform and, to the extent appropriate, involve the public, focus on the
significant issues that require analysis, and foster informed decision-
making based on an understanding of the potential action's
environmental impacts. Appendix A to the DoD NEPA Procedures lists
categorical exclusions that have been established by DoD Components.
Dated: June 26, 2025.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2025-12094 Filed 6-27-25; 8:45 am]
BILLING CODE 6001-FR-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.