July 31, 2025

USET SPF is announcing the release of its, “USET SPF Principles on Responsible Implementation of NEPA” for use by Tribal Nations in responding to the numerous proposed revisions and recissions of federal agency National Environmental Policy Act (NEPA) regulations. This document was developed to provide Tribal Nations with high-level recommendations to respond to these federal agency proposals to remove NEPA regulations.

In addition, we also wanted to inform you that the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) initially published a Request for Comments on Procedures for Considering Environmental Impacts on July 1, 2025 with an initial comment deadline of July 31, 2025. However, on July 28, 2025, NOAA announced an extension of its public comment deadline to August 27, 2025.

USET SPF will be replying to each agency IFR and Request for Comments using our “USET SPF Principles on Responsible Implementation of NEPA” as the basis of our comments with specific references to each agency’s actions. We encourage USET SPF member Tribal Nations to also use our USET SPF NEPA Principles document to form or supplement their own responses to these federal actions.

We will continue to monitor and provide updates regarding any additional agency announcements of proposed revisions and rescissions to their NEPA implementing regulations in response to CEQ’s IFR, EO 14154, and recent court decisions.

For more information, please contact Brian Howard, USET SPF Senior Policy Analyst, at bhoward@usetinc.org.

July 21, 2025

Various federal agencies are in the process of overhauling procedures for environmental reviews. The Department of Interior (DOI), U.S. Army Corps of Engineers (USACE), Department of Energy (DOE), Department of Agricultural (USDA), Federal Energy Regulatory Commission (FERC), Department of Transportation (DOT), and Department of Commerce (DOC) released updates to their regulations and procedures for implementing the National Environmental Policy Act (NEPA). Enacted in 1970, the procedural law NEPA requires federal agencies to study the environmental impacts of projects that require federal permits and enable public input of the findings.

These changes follow the Council on Environmental Quality’s (CEQ) interim final rule in February 2025, rescinding its agency wide NEPA regulations. USET SPF submitted comments to CEQ in response to this. The CEQ had previously guided federal agencies interpretation of NEPA during the federal permit application process for a range of projects, from roads and buildings to mines and energy projects.

These NEPA reforms come on the heels of the recent Supreme Court decision in Seven County Infrastructure Coalition vs. Eagle County, Colorado which reinforced the ability of agencies to establish reasonable limits on the scope and consideration of their environmental reviews. As a whole, the new NEPA procedures look to expediate and streamline permitting approvals through expanded categorical exclusions, narrowed scopes and timeframes for environmental reviews, and by limiting public notice and comment periods. Historically, failures to effectively engage with Tribal Nations in the NEPA process have caused irreparable damage and harm to Tribal cultural, natural, and environmental resources and practices. Expedited reviews would directly jeopardize Tribal Nations’ efforts to protect and preserve our religious freedoms and cultural heritage, conserve our culturally significant areas and species, and protect our water, air, and lands. USET SPF is preparing a NEPA principles document to aid in the response to the upcoming NEPA consultations that will be shared with Tribal Nation membership.

Upcoming Agency NEPA Reforms and Public Comment Deadlines:

• Wednesday, July 30, 2025
  • USDA Interim Final Rule on regulations implementing NEPA
• Thursday, July 31, 2025
  • DOC (NOAA) Request for Comments on Procedures for Considering Environmental Impacts
• Monday, August 4, 2025
  • DOE Interim Final Rule on NEPA implementing procedures
  • DOI Interim Final Rule
  • DOT Request for Comments on Procedures for Considering Environmental Impacts
  • USACE Interim Final Rule and Request for Comment on Procedures for Implementing NEPA and Processing of Department of the Army Permits
• To Be Determined
  • FERC Guidance

For more information, please contact Leigh Mitchell, USET SPF Senior Policy Analyst, at lmitchell@usetinc.org.

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Established in 1969, the United South and Eastern Tribes, Inc. (USET) is a non-profit, inter-Tribal organization serving thirty-three (33) federally recognized Tribal Nations from the Northeastern Woodlands to the Everglades and across the Gulf of Mexico. USET is dedicated to enhancing the development of Tribal Nations, improving the capabilities of Tribal governments, and improving the quality of life for Indian people through a variety of technical and supportive programmatic services.

Established in 2014, the USET Sovereignty Protection Fund (USET SPF) is a non-profit, inter-Tribal organization advocating on behalf of thirty-three (33) federally recognized Tribal Nations from the Northeastern Woodlands to the Everglades and across the Gulf of Mexico. USET SPF is dedicated to promoting, protecting, and advancing the inherent sovereign rights and authorities of Tribal Nations and in assisting its membership in dealing effectively with public policy issues.