Categorical Exclusions

The National Environmental Policy Act (NEPA) defines categorical exclusions (CEs) as a category of actions that a Federal agency has determined normally does not significantly affect the quality of the human environment (42 USC 4336e (1)). In cases where a CE applies, neither an environmental assessment (EA) nor an environmental impact statement (EIS) is required unless there are extraordinary circumstances.

The Department’s NEPA regulations are found at 43 CFR Part 46. The Department maintains a list of categorical exclusions available to all Department bureaus at 43 CFR 46.210.  This document provides the list of existing Departmental and bureau-specific CEs: https://www.doi.gov/media/document/doi-categorical-exclusions-feb-2025 

Adoption of Categorical Exclusions pursuant to Section 109 of NEPA 

Section 109 of NEPA, enacted as part of the Fiscal Responsibility Act of 2023, allows a Federal agency to “adopt a categorical exclusion listed in another agency’s NEPA procedures for a category of proposed agency actions for which the categorical exclusion was established.” 42 U.S.C. 4336c.  

Below is a document with a list of CEs that the Department has adopted pursuant to Section 109 of NEPA.

Adopted Categorical Exclusions by Bureau

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