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); 40 CFR 1508.1(d)). In cases where a CE applies, neither an environmental assessment (EA) nor an environmental impact statement (EIS) is required unless there are extraordinary circumstances (40 CFR 1501.4 and 40 CFR 1507.3(e)(2)(ii)).

The Department’s NEPA procedures 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. The NEPA procedures for individual bureaus in the Department are published in additional chapters of 516 of the Department Manual and include bureau-specific CEs.  

This document provides the list of existing Departmental and bureau-specific CEs: https://www.doi.gov/media/document/doi-and-bureau-categorical-exclusions-nov2022-pdf-0

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.  

Program-level Adoptions:  

Below are the CEs that the Department has adopted programmatically:  

• Department of the Navy CE for Geothermal Exploration, 32 CFR 775.6(f)(39). The CE was adopted for use by the Bureau of Land Management when approving geothermal exploration operations (89 FR 28797). 

• U.S. Forest Service CE for Geothermal Exploration, 36 CFR 220.6(e)(8). The CE was adopted for use by the Bureau of Land Management for the approval of geothermal exploration operations (89 FR 28797). 

• National Parks Service CE for Invasive Species Management, 516 DM 12.5 E.(6). The CE was adopted for use by 7 bureaus or offices within the Department (BLM, Reclamation, FWS, USGS, OIA, BIA, and OSMRE) for managing invasive species (89 FR 101040).

• U.S. Forest Service CE for Aquatic Resources, 36 CFR 220.6(e)(7). The CE was adopted for use by the Bureau of Land Management for aquatic resource management (90 FR 3908). 

• U.S. Forest Service CE for Aquatic Resources, 36 CFR 220.6(e)(18). The CE was adopted for use by the Bureau of Land Management for restoring wetlands, streams, riparian areas or other water bodies (90 FR 3908). 

• U.S. Fish and Wildlife Service CE for Land Acquisition, 516 DM 8.5 (A)4. The CE was adopted for use by the Bureau of Land Management for acquisition of real property (90 FR 3908). 

• U.S. Fish and Wildlife Service CE for Aquatic Resources, 516 DM 8.5(B)3. The CE was adopted for use by the Bureau of Land Management for the construction of new, or the addition of, small structures or improvements, including structures and improvements for the restoration of wetland, riparian, instream, or native habitats (90 FR 3908). 

• U.S. Fish and Wildlife Service CE for Rights-of-Way, 516 DM 8.5(C)(4). The CE was adopted for use by the Bureau of Land Management for issuance of rights-of-way for underground or above ground power, telephone, or pipelines (90 FR 3908). 

• National Parks Service CE for Visitor Use, 516 DM 12.5(D)2. The CE was adopted for use by the Bureau of Land Management for minor changes to amounts or types of visitor use for safety or resource protection (90 FR 3908). 

• Department of Energy CE for Recreation and Realty, 10 CFR. pt. 1021 subpart D app. B, at B1.11. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for the installation of fencing (90 FR 4774). 

• Department of Energy CE for Recreation and Realty, 10 CFR 1021 subpart D app. B, at B1.13. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for construction of pathways, short access roads, and rail lines (90 FR 4774). 

• Department of Energy CE for Realty, 10 CFR 1021 subpart D app. B, at B1.19. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for the modification, operation, and removal of existing communications facilities (90 FR 4774). 

• Department of Energy CE for Resource Protection, 10 CFR 1021 subpart D app. B, at B1.20. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for the protection of cultural resources and fish and wildlife habitat (90 FR 4774). 

• Department of Energy CE for Realty, 10 CFR 1021 subpart D app. B, at B4.6. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for additions and modifications to transmission facilities (90 FR 4774). 

• Department of Energy CE for Realty, 10 CFR 1021 subpart D app. B, at B4.7. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for the addition of fiber optic lines within existing rights-of-ways (90 FR 4774). 

• Department of Energy CE for Realty, 10 CFR 1021 subpart D app. B, at B4.13. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for upgrading and rebuilding existing powerlines (90 FR 4774). 

• Department of Energy CE for Realty, 10 CFR 1021 subpart D app. B, at B4.14. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for the construction and operation of electrochemical-battery or flywheel energy storage systems (90 FR 4774). 

• Department of Energy CE for Mineral Resources, 10 CFR 1021 subpart D app. B, at B5.12. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for the workover of existing well facilities (90 FR 4774). 

• Department of Energy CE for Realty, 10 CFR 1021 subpart D app. B, at B5.16. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for the installation of solar photovoltaic systems (90 FR 4774). 

• Department of Energy CE for Realty, 10 CFR 1021 subpart D app. B, at B5.23. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for the installation of electric vehicle charging stations (90 FR 4774). 

• National Telecommunications Information Administration CE for Realty, 89 FR 22688 Categorical Exclusions, Operational, C-2. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for outdoor research activities (90 FR 4774). 

• National Telecommunications Information Administration CE for Realty, 89 FR 22688, Categorical Exclusions, Operational, C-4. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for the addition of equipment and structures to support existing communication facilities (90 FR 4774). 

• National Telecommunications Information Administration CE for Realty, 89 FR 22688, Categorical Exclusions, Operational, C-5. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for installing, operating, and/or replacing infrastructure within an existing communication facility (90 FR 4774). 

• National Telecommunications Information Administration CE for Realty, 89 FR 22688, Categorical Exclusions, Operational, C-6. The CE was adopted for use by the Bureau of Land Management and Bureau of Indian Affairs for the new construction or improvement of temporary buildings or experimental equipment (90 FR 4774). 

• National Telecommunications Information Administration CE for Realty, 89 FR 22688, Categorical Exclusions, Operational, C-7. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for the new construction of self-supporting wireless communication towers (90 FR 4774). 

• National Telecommunications Information Administration CE for Realty, 89 FR 22688, Categorical Exclusions, Operational, C-8. The CE was adopted for use by the Bureau of Land Management and the Bureau of Indian Affairs for the installation and operation of water, sewer, electrical, other utilities, and fiber optic cables that are within existing rights-of-ways (90 FR 4774).