National Environmental Policy Act Regulations

Topic: Historic Preservation; Mass Transportation; Public Lands; Railroads; Environmental Impact Statement; Grant Programs – Transportation; Recreation and Recreation Areas; Reporting and Recordkeeping Requirements

Agency: Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA), U.S. Department of Transportation (DOT).

Action: Final rule.

Information: https://www.federalregister.gov/documents/2026/09/01/2026-17904/national-environmental-policy-act-regulations

Title: National Environmental Policy Act Regulations

Published Date: September 01, 2026.

Dates: The effective date is September 01, 2026.

Summary: FHWA, FRA, and FTA (collectively referred to as the “Agencies”) are finalizing the interim final rule (IFR) published on July 3, 2025, which revised the Agencies’ National Environmental Policy Act (NEPA) of 1969 implementing regulations in light of the removal of the Council on Environmental Quality (CEQ) regulations, the amendments to NEPA included in the section of the Fiscal Responsibility Act (FR Act) of 2023, known as the Building United States Infrastructure through Limited Delays and Efficient Reviews (BUILDER) Act of 2023, amendments regarding efficient environmental reviews included in the Infrastructure Investment and Jobs Act (IIJA) of 2021, and the Supreme Court decision in Seven County Infrastructure Coalition. The Agencies provided a 30-day comment period for the public to review and comment on the IFR. This final rule addresses public comments received and finalizes the IFR with minor technical changes.

Staff Advisor: Taria Barron, General Counsel, tbarron@apta.com