ECT’s NEPA Watch delivers expert analysis and clear guidance on NEPA changes—and what they mean for your projects. Read more on our latest analysis from Senior NEPA Practice Leader, Tom Hale.
One Big Beautiful Bill Act: Amendment to NEPA
Summary
The One Big Beautiful Bill Act was signed into law on July 4, 2025. Section 60026 of the Act includes language that amends NEPA by adding Section 112 to Title I, which offers an even more expedited review process for applicants willing to pay a fee. Applicants can pay 125% of the estimated cost of preparing an EA or EIS to accelerate NEPA timelines: 180 days for EAs and 1-year for EISs.
However, this does not streamline other federal authorization processes that may intersect with the NEPA process (e.g., NHPA Section 106, CWA Section 404, ESA Section 7).
Key Takeaways
- This is a voluntary fee. Project sponsors (applicants) may choose to “opt-in” to an up-front fee for the purpose of accelerating completion timelines. Think of it as the NEPA equivalent of the Disney World “Fast Pass.”
- This optional fee will be in addition to the usual cost-recovery agreements with agencies.
- The change does not override NEPA’s other statutory requirements (e.g., scope or public participation requirements).
- Implementation will likely require agency-specific rulemaking or updated guidance to define eligibility, determine how “anticipated costs” are to be calculated, and establish administrative controls and reporting procedures.
ECT will continue to monitor rulemaking at major federal agencies that affect our clients the most (e.g., DOE, DOI, USDA). Stay tuned for future NEPA Watch insights.
If you have any questions regarding this amendment or other NEPA policy changes that may affect your projects, contact Tom Hale.
