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BLM NEPA in 2026: the DOI NEPA Handbook, CX records, DNAs and ePlanning

BLM NEPA is how the Bureau of Land Management applies NEPA to its public land decisions, under procedures Interior sets for all its bureaus[1]: a short 43 CFR part 46, which keeps the departmental categorical exclusions at 43 CFR 46.210, and the DOI NEPA Handbook, 516 DM 1[2][1].

By Ilya Volodarsky. 14 sources, last read on . This page explains the law; it is not legal advice.

Draft a CX Record for a Grazing Permit

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    Describe the action and ePlan drafts the CX record with the category, its limits and the extraordinary circumstances screen filled in; every fact it can't confirm is marked for you.

    ePlan vs. by hand

    How ePlan compares to drafting a Categorical Exclusion Record by hand

    The same document, two ways to a first draft.

    ComparedePlan.aiBy hand
    Category checkePlan.aiSearches eCFR, the Federal Register and agency project pages such as ePlanning for the CX text and a precedent recordBy handCross-checking 43 CFR 46.210, Appendix 2 and later Federal Register additions by hand
    Old templatesePlan.aiFollows the reference you choose and marks every unconfirmed fact as a highlighted [INSERT: …] placeholderBy handTemplates built on H-1790-1 or 516 DM 11 can carry outdated citations
    Starting pointePlan.aiA plain-language project description, or the PDFs, Word files and GIS files (shapefile, GeoJSON, KML, GeoPackage) you already haveBy handA blank template, or last year's document retyped
    Precedent researchePlan.aiA research agent searches agency project pages, CEQAnet, the Federal Register, eCFR and EPA's EIS database for your project and up to two analog projectsBy handSearching each agency site and PDF library by hand
    Missing factsePlan.aiEvery fact ePlan can't confirm stays a highlighted [INSERT] placeholder until someone fills itBy handGaps surface in review, or not at all
    Cost to startePlan.aiScoping letters are free. EAs, EIRs and decision memos are on Max at $199 a monthBy handStaff or consultant hours for every draft

    ePlan.ai as of October 2026. “By hand” means a Word template, past documents and agency PDFs. Your team reviews, edits and signs every draft.

    The DOI NEPA handbook and what stays in 43 CFR part 46

    Interior's final rule cut about 80 percent of its 2008 NEPA regulations. The rest moved to the DOI NEPA Handbook, 516 DM 1, which is not codified and lacks the force of law[2][6][1]. Part 46 also keeps[2]:

    • 46.105 and 46.107: contractors and applicant-prepared EAs and EISs[7]
    • 46.150: emergency responses
    • 46.220 and 46.225: lead and cooperating agencies

    43 CFR 46.210 and BLM categorical exclusions (CXs)

    43 CFR 46.210 lists twelve departmental CEs; only (k), hazardous fuels reduction, unusable in the Ninth Circuit, and (l), post-fire rehabilitation up to 4,200 acres, need documentation[8]. BLM's own CXs do when set by statute, adopted under NEPA section 109 or marked with an asterisk[1].

    Interior adds BLM CXs by Federal Register notice. Its timber salvage CX of August 24, 2026 rests on 34 past salvage EAs that all ended in FONSIs. It caps harvest at 1,000 acres, or a third of a disturbance over 3,000 acres up to 5,000, with at most 1 mile of new permanent road[9]. Other examples[1]:

    • Grazing permits continuing current management, if grazing is not causing unmet land health standards (FLPMA 402(h))[10]
    • Special Recreation Permits: up to 14 nights, 3 staging acres at most (11.9 H)
    • Tree density work on up to 5,000 acres (11.9 C(11))[11]

    Extraordinary circumstances at 43 CFR 46.215

    43 CFR 46.215 names nine, including significant impacts on health, safety, natural resources, historic properties or listed species; highly uncertain or precedent-setting effects; limits on Indian sacred site access; and spread of noxious weeds[12]. If changing the action cannot remove one, the bureau prepares an EA or EIS[13][1]. Energy Policy Act oil and gas CXs skip this review[1].

    Determination of NEPA adequacy (DNA): reusing an existing EA or EIS

    A DNA records the official's finding that an existing EA or EIS already covers the action, with no new information that warrants more analysis. Appendix 1 asks whether the action matches an analyzed alternative and area, the analysis still holds, and the effects are similar; any "no" means more analysis[1].

    Outline

    What a BLM CX record contains

    Interior prescribes no form; the record shows the CX fits and no extraordinary circumstance applies[1][13].

    1. Project and NEPA number

      The action, location and applicant, with the project's unique NEPA number[1].

    2. CX cited

      Such as 43 CFR 46.210(k) or Appendix 2, 11.9 H, which keeps the former 516 DM 11 numbering[8][1][14].

    3. Fit with the CX's terms

      Each limit checked: acres, nights, cubic yards or, for grazing, the land health finding[1][10].

    4. Extraordinary circumstances review

      Each of the nine at 46.215, unless a statute exempts the CX, for the action as a whole[12][13][1].

    5. Plan conformance and other laws

      Land use plan consistency, design features, and where ESA and NHPA reviews stand[1].

    6. Decision Record

      A separate decision document; the CX record itself is not one[1].

    Sources

    Where each statement comes from

    Show all 14 sources
    1. [1]516 DM 1 - Handbook of National Environmental Policy Act Implementing Procedures (DOI NEPA Handbook). U.S. Department of the Interior, Electronic Library of Interior Policies, February 23, 2026. Read October 2, 2026.
    2. [2]National Environmental Policy Act Implementing Regulations (Interior final rule), 91 FR 8738. U.S. Department of the Interior, Federal Register, February 24, 2026. Read October 2, 2026.
    3. [3]Rescission of H-1790-1, National Environmental Policy Act Handbook (Rel. 1-1710), handbook transmittal sheet. Bureau of Land Management, March 26, 2026. Read October 2, 2026.
    4. [4]ePlanning (National NEPA Register). Bureau of Land Management. Read October 2, 2026.
    5. [5]42 U.S.C. 4336a - Timely and unified Federal reviews. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    6. [6]National Environmental Policy Act (NEPA). U.S. Department of the Interior, Office of Environmental Policy and Compliance. Read October 2, 2026.
    7. [7]43 CFR 46.107 - Procedures for applicant-prepared environmental impact statements and environmental assessments (Interior). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    8. [8]43 CFR 46.210 - Listing of departmental categorical exclusions (Interior). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    9. [9]National Environmental Policy Act Implementing Procedures: Timber Salvage Harvest Categorical Exclusion (notice), 91 FR 54739. U.S. Department of the Interior, Federal Register, August 24, 2026. Read October 3, 2026.
    10. [10]43 U.S.C. 1752 - Grazing leases and permits (FLPMA section 402). United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    11. [11]National Environmental Policy Act Implementing Procedures: Forest and Woodland Density Management Categorical Exclusion (notice), 91 FR 54744. U.S. Department of the Interior, Federal Register, August 24, 2026. Read October 2, 2026.
    12. [12]43 CFR 46.215 - Categorical exclusions: Extraordinary circumstances (Interior). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    13. [13]43 CFR 46.205 - Actions categorically excluded from further NEPA review (Interior). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    14. [14]National Environmental Policy Act Implementing Procedures for the Bureau of Land Management (516 DM 11) (notice), 90 FR 5981. U.S. Department of the Interior, Federal Register, January 17, 2025. Read October 2, 2026.

    Written by

    Ilya Volodarsky

    Ilya Volodarsky founded ePlan.ai. He co-founded Segment and is co-founder and CEO of Wildfires.org.

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