What is a categorical exclusion? Can categorical exclusions now be adopted from other Federal agencies?

Categorical exclusions are not an exemption from NEPA compliance, but rather an abbreviated type of NEPA compliance. Categorical exclusions are defined as a category of actions that a Federal agency has determined normally does not significantly affect the quality of the human environment (U.S. Department of the Interior (DOI) Handbook of NEPA Implementing Procedures (6.1)(f)). 

The Service may apply categorical exclusions established in the in the DOI NEPA Implementing Regulations (43 CFR 46.210) and DOI bureau categorical exclusions, including adopted categorical exclusions, as provided in the DOI Handbook of NEPA Implementing Procedures, Appendix 2. A categorical exclusion cannot be applied if there are extraordinary circumstances present as defined in 43 CFR 46.215. If a categorical exclusion is applied, preparation of an environmental assessment (EA) or environmental impact statement (EIS) is not required. 

The Service may adopt another Federal agency’s determination that a categorical exclusion applies to essentially the same proposed major Federal action or adopt a categorical exclusion from another Federal agency not involved in the proposed action pursuant to the NEPA section 109.

How does the DOI establish a new DOI or Service categorical exclusion or revise an existing DOI or Service categorical exclusion?

Pursuant to the DOI NEPA Implementing Regulations (43 CFR 46.205(h)), to establish or revise a categorical exclusion, the DOI will determine that the action is of a type that normally does not significantly affect the quality of the human environment. In making this determination and identifying and describing such a category, the DOI will: 

  • Develop a written record containing information to substantiate its determination;
  • Consult with the Council on Environmental Quality on its proposed categorical exclusion; and
  • Provide public notice in the Federal Register of establishment of the categorical exclusion and the location of availability of the written record.