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 Department adopted this CE for use by the Bureau of Land Management when approving geothermal exploration operations.
  • U.S. Forest Service CE for Geothermal Exploration, 36 CFR 220.6(e)(8). The Department adopted this CE for use by the Bureau of Land Management for the approval of geothermal exploration operations.
  • 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).

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