Section 109: Adopting Categorical Exclusions

Section 109: Adopting Classes of Categorical Exclusions

The Amendments to NEPA from the Fiscal Responsibility Act of 2023 established a process for adopting another agency's CXs (see language from the law below).  

"An agency may 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 consistent with this paragraph. The agency shall-

(1) identify the categorical exclusion listed in another agency’s NEPA procedures that covers a category of proposed actions or related actions; 
(2) consult with the agency that established the categorical exclusion to ensure that the proposed adoption of the categorical exclusion to a category of actions is appropriate;
(3) identify to the public the categorical exclusion that the agency plans to use for its proposed actions; and
(4) document adoption of the categorical exclusion."

Quoted text citation: National Environmental Policy Act of 1969, as amended. (Sec. 109; 42 U.S.C. § 4336c).