On July 3, 2025, both the U.S. Department of the Interior (DOI, through the Bureau of Land Management) and the U.S. Department of Agriculture (via the U.S. Forest Service) released interim final rules to govern their implementation of the National Environmental Policy Act (NEPA). These rules replace the now-vacated CEQ regulations following the U.S. Supreme Court’s determination that CEQ lacked regulatory authority under NEPA.
While the stated goals of the new rules include reducing complexity, shortening review timelines, and minimizing litigation, the Utah Public Lands Alliance (UPLA) has significant concerns about their impact on recreation access—especially for off-highway vehicle (OHV) users.
Key Issues Raised by UPLA:
– Elimination of scoping participation – The public would no longer be guaranteed a voice during the crucial scoping phase.
– Discretionary comment periods – The “Responsible Official” may choose whether to allow public comment at all.
– Drastically shortened timelines – Comment windows are as short as 14 days for Environmental Assessments and 10 days for EISs.
– Weak notification requirements – Fewer public notices make it harder to track and respond to proposals.
– Return of “substantive comment” filter – Previously eliminated in April 2025, this barrier excludes voices not couched in legal or technical language.
– Expanded use of Categorical Exclusions – These allow significant changes without public notice or comment.
– Reduced opportunity for legal challenge – Discretionary decisions may evade judicial review.
UPLA Natural Resource Consultant Rose Winn observed:
“For now, these changes might accelerate decisions under a friendly administration—but they also hand sweeping discretionary power to future officials who may not value recreational access.”
Our Path Forward:
Rather than recommend tweaks to a deeply flawed rule, UPLA has urged the agencies to create a separate NEPA framework tailored to recreational access and travel planning. A one-size-fits-all model built around energy and infrastructure projects fails to protect the millions of Americans who rely on public lands for outdoor recreation.
UPLA has submitted our formal comments to both DOI and USDA.
UPLA’s full DOI NEPA Comments
UPLA’s full USDA NEPA Comments
Department of the Interior Interim Rules
USDA Interim Rules
These actions will require ongoing followup, we welcome your input and support. Email us or connect via our social media accounts.
