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What is NEPA? The NEPA process, from the first check to the record of decision

NEPA, the National Environmental Policy Act, requires federal agencies to report on the environmental effects of, and alternatives to, major actions significantly affecting the environment[1]. A NEPA review takes one of three paths: a categorical exclusion; an environmental assessment ending in a finding of no significant impact (FONSI) or an EIS; or an environmental impact statement and record of decision[2][3].

By Ilya Volodarsky. 20 sources, last read on . This page explains the law; it is not legal advice.

Start a NEPA Review for a Bridge

    ePlan gets you

    • A first draft of your NEPA Documents, from a project description or the files you already have
    • Precedent research: analog projects and their documents, found for you
    • Every fact ePlan can't confirm, marked for your team to fill in
    • A Word download, plus tasks and a Gantt timeline on Pro and Max
    See how it compares

    Describe the project and ePlan proposes the review pathway, then drafts the first documents (a scoping letter, CE decision memo or EA) from a reference document, with every unconfirmed fact marked for you.

    ePlan vs. by hand

    How ePlan compares to drafting NEPA Documents by hand

    The same document, two ways to a first draft.

    ComparedePlan.aiBy hand
    Review pathwayePlan.aiProposes the pathway (CE, EA or EIS) and the documents your project needs, for your team to confirmBy handWork it out from each agency's procedures and past projects
    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.

    Step 1: does NEPA apply?

    An agency needs no environmental document if the action is not a final agency action, is excluded by a categorical exclusion or another law, would clearly and fundamentally conflict with another law, or is nondiscretionary[2]. A non-federal project with no or minimal federal funding is not a major federal action[6]; it may still need state review, such as Massachusetts MEPA or Hawaii HEPA.

    Step 2: choose the level of NEPA review

    If a categorical exclusion applies, the agency applies it and documents the decision where its procedures call for that[3]. Otherwise it prepares an environmental assessment when a significant effect is not reasonably foreseeable or its significance is unknown, and an environmental impact statement when one is[2].

    How long does a NEPA review take?

    Historically, longer than the law now allows. Forest Service decisions signed 2005 to 2021 took a median 441 days for an EA and 1,041 days for an EIS; 59% of EAs and 92% of EISs took over a year[5]. Since 2023 an EA gets one year and an EIS two, counted from the level-of-review decision or the notice of intent[7][4]. See the NEPA timeline.

    Since July 4, 2025, a project sponsor may pay 125 percent of the anticipated cost to have an EA completed within 180 days of payment, or an EIS within one year of the notice of intent[8].

    Where NEPA procedures live now

    With CEQ's regulations removed in 2025[9], each agency follows its own NEPA procedures, indexed by CEQ on nepa.gov[10]. Recent examples:

    • USDA, including the Forest Service: 7 CFR part 1b, final rule April 3, 2026[11]
    • Interior: 43 CFR part 46 plus a Departmental Handbook, final rule February 24, 2026[12]
    • Energy: 10 CFR part 1021 plus DOE's NEPA Implementing Procedures, revised July 13, 2026[13]
    • FHWA, FRA and FTA: 23 CFR part 771, final rule September 1, 2026[14]
    • FAA: Order 1050.1G[15]; FEMA: DHS Instruction Manual 023-01-001-01[16]; HUD grantees: 24 CFR Part 58[17]
    Outline

    NEPA documentation, in order

    The documents a review can produce, following CEQ's January 2026 process chart[3]. Many actions stop at the first or second step. Most reviews start with a scoping letter, and past documents for the same kind of action are in NEPA examples. ePlan's NEPA software drafts these documents, and AI tools for NEPA compares the alternatives. NEPA is the federal environmental impact assessment process[18]; our guides to environmental permitting and environmental planning cover the permits and planning work around it.

    1. Proposed action, purpose and need

      What the agency proposes and why; every environmental document states the purpose and need[4].

    2. Threshold check

      Whether NEPA applies at all[2].

    3. Categorical exclusion record

      The category used and the extraordinary-circumstances review, signed when the category requires it[19].

    4. Environmental assessment

      A concise public document setting out the basis for a FONSI or an EIS[2].

    5. FONSI, or a decision to prepare an EIS

      A FONSI is the agency's determination that the action does not require an EIS[6].

    6. Notice of intent and EIS

      The notice requests public comment on alternatives, impacts and relevant information[4].

    7. Record of decision

      The agency's decision after an EIS; USDA publishes it at the time of decision[3][20].

    Sources

    Where each statement comes from

    Show all 20 sources
    1. [1]42 U.S.C. 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    2. [2]42 U.S.C. 4336 - Procedure for determination of level of review. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    3. [3]The NEPA Process (flowchart). Council on Environmental Quality, nepa.gov, January 2026. Read October 2, 2026.
    4. [4]42 U.S.C. 4336a - Timely and unified Federal reviews. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    5. [5]US Forest Service Data on Planning, Appeals, Litigation and NEPA compliance, 2005-2021 (Fleischman, Struthers, Arnold, Dockry, Scott). University of Minnesota, Data Repository for U of M (DRUM), November 2022. Read October 3, 2026.
    6. [6]42 U.S.C. 4336e - Definitions. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    7. [7]Fiscal Responsibility Act of 2023, Pub. L. 118-5, section 321 (BUILDER Act). GovInfo, June 3, 2023. Read October 2, 2026.
    8. [8]Pub. L. 119-21, section 60026: Project sponsor opt-in fees for environmental reviews (42 U.S.C. 4336f). GovInfo, July 4, 2025. Read October 2, 2026.
    9. [9]Removal of National Environmental Policy Act Implementing Regulations (interim final rule), 90 FR 10610. Council on Environmental Quality, Federal Register, February 25, 2025. Read October 2, 2026.
    10. [10]Agency NEPA Procedures and Contacts. Council on Environmental Quality, nepa.gov. Read October 2, 2026.
    11. [11]National Environmental Policy Act (USDA final rule), 91 FR 17062. U.S. Department of Agriculture, Federal Register, April 3, 2026. Read October 2, 2026.
    12. [12]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.
    13. [13]DOE National Environmental Policy Act (NEPA) Implementing Procedures. U.S. Department of Energy, July 13, 2026. Read October 2, 2026.
    14. [14]National Environmental Policy Act Regulations (FHWA, FRA and FTA final rule), 91 FR 56029. U.S. Department of Transportation, Federal Register, September 1, 2026. Read October 2, 2026.
    15. [15]FAA Order 1050.1G, FAA National Environmental Policy Act Implementing Procedures. Federal Aviation Administration, June 30, 2025. Read October 2, 2026.
    16. [16]DHS Instruction Manual 023-01-001-01, Revision 01: Implementation of the National Environmental Policy Act (NEPA). U.S. Department of Homeland Security (hosted by FEMA). Read October 2, 2026.
    17. [17]24 CFR 58.1 - Purpose and applicability. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    18. [18]State, Tribe, and Local Government Information. Council on Environmental Quality, nepa.gov. Read October 2, 2026.
    19. [19]Establishing, Revising, Adopting, and Applying Categorical Exclusions Under the National Environmental Policy Act (memorandum). Council on Environmental Quality, April 9, 2026. Read October 2, 2026.
    20. [20]7 CFR 1b.8 - Records of decision (USDA). Electronic Code of Federal Regulations (eCFR), current. 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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    FAQ

    Frequently asked questions

    • No single government-wide one; each agency's NEPA procedures set the details. The basic steps: check whether NEPA applies, choose the level of review, then complete a CE record, EA or EIS before the agency decides. Consultants or applicants can draft documents, but the agency evaluates them and takes responsibility.

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