Many federal agencies have already been targeting one-year EAs for years. At Scout, this has long been our standard. What has truly shifted under the updated Council on Environmental Quality (CEQ) guidance wasn’t the timeline itself, but the renewed push for streamlining and speed across agencies (White House Guidance).
The new NEPA framework reinforces the expectation of a one-year EA, but one of the sources of uncertainty is when the clock starts, when it stops, and what “one year” truly means in practice.
What the NEPA Guidance Says and Doesn’t Say
On September 29, 2025, the Council on Environmental Quality (CEQ) issued a press release announcing updated NEPA implementation guidance and a new Agency NEPA Procedures Template intended to help federal agencies update their own NEPA procedures.
CEQ Press Release (Sept. 29, 2025):
https://www.whitehouse.gov/articles/2025/09/ceq-releases-guidance-to-streamline-nepa-reviews/
The press release linked to two major documents:
- CEQ NEPA Procedures Guidance (Sept. 29, 2025)
https://ceq.doe.gov/docs/ceq-regulations-and-guidance/Agency-NEPA-Implementation-Guidance.pdf - CEQ Agency NEPA Procedures Template (Sept. 29, 2025)
https://ceq.doe.gov/docs/ceq-regulations-and-guidance/Appendix-1-Agency-NEPA-Procedures-Template.pdf
These CEQ documents reaffirm the expectation that agencies complete EAs within one year (and Environmental Impact Statements (EISs) within two years).
However, and this is the key point, neither CEQ document defines when the one-year EA or EIS clock actually starts or ends.
Instead, CEQ instructs each federal agency to update its own NEPA implementing procedures and define the EA and EIS start and completion dates for itself. That is where the variation begins. For this article, we’re focusing specifically on the variations we’re seeing in EA timelines.
How Federal Agencies Define (or Don’t) the Start of the One-Year EA Clock
Because CEQ did not standardize the EA clock, federal agencies are interpreting the start and end dates differently in their updated NEPA procedures. Below are some examples of how agencies define (or do not define) the EA start date in their updated NEPA procedures.
1. Department of Defense (DoD now Department of War):
EA Clock Starts at “Notification”
“Typically, the EA start date will be the date of notification to government entities or the public that the DoD Component will be preparing an EA. The EA completion date will be the date that the DoD Component publishes the FONSI.” – DoD NEPA Procedures, Part 1.5 (e)(1).
DoD NEPA Procedures (2025):
https://www.denix.osd.mil/nepa/denix-files/sites/55/2025/06/DoD-NEPA-Procedures-FINAL.pdf
2. Department of Energy (DOE):
EA Process Begins When Agency Determines an EA Is Required (No Defined One-Year Clock Trigger)
“The start date normally will be the date that DOE determines that preparation of an environmental assessment is required.” – DOE NEPA Procedures, §6.4(b).
DOE NEPA Procedures (2025):
https://www.energy.gov/sites/default/files/2025-06/2025-06-30-DOE-NEPA-Procedures.pdf
3. Department of the Interior (DOI):
No Defined EA Start Date; Timing Delegated to Bureaus
In 2025, DOI issued a revised DOI NEPA Handbook, which now serves as its primary NEPA implementation guidance. The Handbook describes how bureaus determine whether an action requires NEPA review and what level of analysis is appropriate. However, it does not define a standardized EA start date or a one-year timeline. Timing remains at the discretion of each DOI bureau and its Responsible Official.
Notably, DOI does define timing for EISs (“within 1 year from the issuance of a notice of intent”), but provides no equivalent trigger for EAs.
DOI NEPA Handbook: https://www.doi.gov/media/document/doi-nepa-handbookDOI NEPA Handbook
DOI NEPA Regulations (43 CFR Part 46): https://www.ecfr.gov/current/title-43/part-46
4. Department of Transportation (DOT):
No Formal EA Start Date; Optional Notice of Intent (NOI) May Serve as a Trigger
“If the agency issues an NOI for an EA, the 1-year timeframe is measured from NOI to the date when the agency publishes an environmental assessment.” The chart even includes a disclaimer that it’s “not legally binding … and will not be relied upon … as a separate basis for affirmative enforcement action.” (Note: “Issuing an NOI for an EA is optional.”) – Federal Highway Administration (FHWA)/ Federal Transit Administration (FTA) NEPA Process Overview
DOT does not specify a formal EA start date; the FHWA/FTA guidance states that EA schedules are developed collaboratively with project sponsors, and a NOI is optional for an EA.
FHWA/FTA NEPA Process Overview (EA/EIS graphic & guidance): https://www.transit.dot.gov/sites/fta.dot.gov/files/2024-12/FHWA-FTA-FRA-EA-Process-chart.pdf
DOT NEPA regulations (49 CFR Part 13): https://www.ecfr.gov/current/title-49/subtitle-A/part-13
5. Federal Energy Regulatory Commission (FERC):
No Defined EA Start Date
FERC does not define an EA start date. The NEPA process begins after FERC accepts a complete application, but no formal “clock start” is identified for EAs.
FERC NEPA Environmental Review Procedures:
https://www.ferc.gov/industries-data/hydropower/environmental-review
FERC NEPA regulations (18 CFR Parts 4 & 380):
https://www.ecfr.gov/current/title-18/chapter-I/subchapter-B
6. National Oceanic and Atmospheric Administration (NOAA):
EA Review Begins When Agency Selects EA Pathway (No Defined Clock Start)
NOAA does not define an EA start date. NEPA review begins when the agency determines an EA is the appropriate level of analysis, but no timing rules are established.
NOAA NEPA Procedures (Companion Manual): https://media.fisheries.noaa.gov/2022-01/NOAA-NAO-216-6A-Companion-Manual-011822.pdf
NOAA Administrative Order 216-6: https://www.noaa.gov/organization/administration/noaa-administrative-orders
7. U.S. Army Corps of Engineers (USACE):
No Defined EA Start Date
USACE NEPA procedures (33 CFR Part 230) outline when an EA may be required but do not define a start date or timeline trigger.
USACE NEPA Procedures (33 CFR Part 230):
https://www.ecfr.gov/current/title-33/chapter-II/part-230
USACE NEPA Implementation Guidance:
https://planning.erdc.dren.mil/toolbox/library/NEPA/
8. U.S. Department of Agriculture (USDA):
EA Process Begins When Responsible Official Decides an EA Is Needed (No One-Year Clock Start Defined)
“An Environmental Assessment shall be prepared for proposed actions that the responsible official determines are not likely to have significant effects…” – 36 CFR 220.7(a)
This establishes that the EA process begins when the Responsible Official decides an EA is necessary, but no one-year timeline or formal start-date trigger is defined.
Forest Service NEPA Regulations (36 CFR Part 220):
https://www.ecfr.gov/current/title-36/chapter-II/part-220
Forest Service NEPA Procedures & Guidance:
https://www.fs.usda.gov/about-agency/regulations-policies/nepa/nepa-procedures-and-guidance
Why Agencies Start (and End) the EA Clock Differently?
To sum it up, across federal agencies, only DoD and DOE explicitly define an EA start date, and even those definitions differ (public notice vs. internal determination). All other federal agencies (that we’re aware of) either omit a start date altogether or provide optional triggers, resulting in significant variability in how the one-year EA timeline is applied in real-world projects.
These differences aren’t arbitrary; they reflect each agency’s mission and workflow. For example, DoD ties the EA clock to public or interagency notification because most of its actions involve external coordination and installation-level communication, whereas DOE begins the EA process internally because its projects often originate from internal program decisions long before public involvement. Similarly, agencies like USACE, FERC, NOAA, and USDA do not define a start date at all because their NEPA processes can hinge on case-by-case determinations, variable permitting pathways, or heavier reliance on categorical exclusions. Together, these variations illustrate why the one-year EA expectation is consistent, but the interpretation of when that year begins is not.
Are there Penalties for Missing the One-Year EA Timeline?
There are no statutory or regulatory penalties for missing the one-year EA deadline. CEQ’s requirement is procedural guidance, not an enforcement mechanism, and an agency does not invalidate its NEPA analysis simply because it exceeds the one-year window. However, DoD is the only agency with a formal accountability measure in its NEPA procedures. Under the 2025 update:
“If the EA or EIS is not completed within the applicable time limit, the DoD Component shall report… the reasons for the delay and a revised schedule.” – DoD NEPA Procedures, Part 1.5(e)(3)
While the reporting requirement does not impose a penalty, it does create a meaningful pressure point with visibility and oversight.
So, if there’s no penalty, why meet the one-year timeline? Even without formal consequences, federal agencies have strong incentives to meet the one-year expectation, including:
- CEQ and White House oversight tied to permitting modernization
- Leadership performance metrics and program accountability
- Construction, permitting, and funding deadlines that depend on timely NEPA decisions
- Avoidance of litigation risk associated with stale data or prolonged analysis
- Contractual expectations embedded in project delivery models
- Internal pressure to reduce review timelines and increase mission output.
In practice, the incentive is mission delivery, not punishment. Agencies want projects built, dollars obligated, and schedules maintained, and a one-year EA helps them do that.
How Some Agencies Are Interpreting the One-Year EA Timeline (What We’re Seeing in Practice)?
Even with the definitions above, Scout continues to see variation in how some federal agencies interpret and apply the one-year EA timeline.
1. The “Strict Countdown” Approach
- Clock starts the day the EA notice is issued (whether public or internal).
- Clock starts at EA kickoff meeting.
- End date is the signing of the FONSI.
Pros: Predictable; straightforward.
Cons: No flexibility for project scope refinement, survey windows, or consultation timing.
2. The “Soft Start” (Most Practical Interpretation We See)
Agencies informally choose a later, practical milestone as the start date, such as:
- “Stabilized” Description of the Proposed Action and Alternatives (DOPAA) (essentially the point when the project purpose, need, description, and alternatives are defined clearly enough to begin analysis and form the foundation of the first two chapters of the EA. This typically requires the agency to lock in the project footprint or design as much as possible before moving forward).
- This is effectively a different interpretation of when “notice” has occurred.
Pros: Aligns the timeline with when real analysis begins.
Cons: If there are any changes to footprint or design, there’s no clock restart.
3. Different End Points for What Counts as “Completion”
We are seeing a variation in how the one-year mark is defined:
- At EA decision document (i.e., Finding of No Significant Impact (FONSI) signature
- At FONSI publication/availability
- At issuance of a decision memo or internal approval step
Pros: Each agency aligns the endpoint with internal processes.
Cons: Adds uncertainty for project planners trying to build accurate schedules.
Final Thought
The one-year EA requirement isn’t the surprise. The variation in how agencies apply it is.
Until CEQ provides more explicit direction on universal start/stop criteria, the biggest challenge won’t be meeting the one-year timeline; it will be navigating the variations in how that timeline is defined. With the right partnership, early clarity, and a disciplined project approach, speed and quality don’t have to compete.
Scout is your guide to simplifying complex environmental and engineering challenges. Reach out at hello@scoutenv.com to keep your projects on schedule and on solid ground.
Bonus – Quick Reference: Select Agency EA 1-Year Timelines
To help our clients and partners get fast answers in a shifting NEPA landscape, we compiled this snapshot of how selected federal agencies define (or don’t define) the start and stop points for the one-year NEPA EA timeline. Guidance continues to evolve, so agency procedures may be updated after publication.
| Agency | Clock Start | Clock Stop | Notes |
|---|---|---|---|
| DoD | Notification to the government or the public | Publication of the FONSI | Only agency with defined start and stop. Requires reporting if timelines slip. |
| DOE | An internal determination EA is required | Not defined | Defines start only; no reporting requirement. |
| DOI | Not defined | Not defined | Leaves timing to bureaus. |
| DOT (FHWA/FTA) | Optional NOI (if issued) | EA publication (for NOI-triggered EAs only) | NOI optional; chart is non-binding. |
| FERC | Acceptance of the complete application | Not defined | No formal clock. |
| NOAA | When the EA level is selected | Not defined | No timing rules. |
| USACE | Not defined | Not defined | 33 CFR Part 230 provides no triggers. |
| USDA FS | The Responsible Official determines EA needed | Not defined | Trigger defined; no timeline. |
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