Part of the Fiscal Responsibility Act of 2023, agencies are allowed to adopt other agencies’ CEs. I’m not sure these adoptions made it into the press, but I found them on the NEPA webpage.
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The Forest Service is pursuing adoption of categorial exclusions from other federal agencies on topics or areas where the Forest Service does not have existing directives. Adopting categorical exclusions increases efficiencies and eliminates the need to do work that has been completed by other federal agencies. Ultimately saving time and allowing for new work to be completed.
The Forest Service has published three adoption notices in the Federal Register resulting in the adoption of 44 new categorical exclusion categories. These include a July 1, 2024, notice, a Sept. 27, 2024, notice, and a Nov. 8, 2024, notice. In February 2025, the agency adopted 16 categories (PDF, 169 KB) related to disaster responses. In May 2025, the agency adopted three categories (PDF, 140 KB) related to plans and timber production.
Department of Commerce
- Siting/construction/operation of microwave/radio communication towers less than 200 feet in height without guy wires on previously disturbed ground. (A-4).
- Adding fiber optic cable to transmission structures or burying fiber optic cable in existing transmission line rights-of-way; (A-6).
National Oceanic and Atmospheric Administration
- The disposal, demolition or removal of real property, buildings, and structures, including associated site restoration, and the disposal of personal property and debris. (F7)
Department of Energy
- Construction, additions, and modifications to transmission facilities, new or existing powerlines, electric power substations and interconnection facilities. (B4.6, B4.11, B4.12, B4.13)
- Installation, modification, operation, or decommissioning of commercially available Solar photovoltaic systems (B5.16)
- Electric vehicle charging stations; (B5.23)
- Routine repair, preventative, and predictive maintenance activities, are required to maintain and preserve buildings, structures, infrastructures, and equipment in a condition suitable for a facility to be used for its designated purpose. Such maintenance may occur as a result of severe weather (such as hurricanes, floods, and tornados), wildfires, and other such events. (B1.3)
- Repair, replacement, upgrading, rebuilding, or minor relocation of pipelines within existing rights-of-way, provided that the actions are in accordance with applicable requirements (such as Army Corps of Engineers permits under section 404 of the Clean Water Act). (B5.4)
- Construction and subsequent operation of short (generally less than 20 miles in length) pipeline segments conveying materials between existing source facilities and existing receiving facilities (such as facilities for use, reuse, transportation, storage, and refining), provided that the pipeline segments are within previously disturbed or developed rights-of-way. (B5.5)
National Telecommunications and Information Administration
- New construction or improvement of land, operations, or support facilities, fiber optics, and communication towers; (C-4 , C-5, C-6, C-7, and C-8)
Bureau of Indian Affairs
- Utility installations along or across a transportation facility. (L.1) (.pdf – 700KB)
- Activities involving remediation of hazardous waste sites if done in compliance with applicable federal laws such as the Resource Conservation and Recovery Act (P.L. 94-580), Comprehensive Environmental Response, Compensation, and Liability Act (P.L. 96-516) or Toxic Substances Control Act (P.L. 94-469). (K(2)) (PDF, 676 KB)
Bureau of Land Management
- Disposal of mineral materials in amounts not exceeding 50,000 cubic yards or disturbing more than 5 acres, except in riparian areas. (F10) (PDF, 212 KB)
- Granting and amending rights-of-way in existing or compatibly developed rights-of-way for facilities, utility service, or terminal access roads. (E12, E13, E17) (PDF, 212 KB)
- Placement and use of temporary portable corrals and water troughs. (D2) (PDF, 212 KB)
- Emergency Stabilization actions in response to disaster events that threaten public health or safety, property, and/or natural and cultural resources, and are necessary to repair or improve lands unlikely to recover. (CE I1) (PDF, 212 KB)
National Park Service
- Changes or amendments to an approved plan when changes would cause no or only minimal environmental impact. (12.5 B (1)) (PDF, 212 KB)
U.S. Fish and Wildlife Service
- The construction of new, or the addition of, small structures or improvements for the restoration of wetland, riparian, instream, or native habitats, which result in no or only minor changes in the use of the affected local area. (B(3))
- The reintroduction or supplementation (e.g., stocking) of native, formerly native, or established species into suitable habitat within their historic or established range, where no or negligible environmental disturbances are anticipated. (B(6))
United States Geological Survey
- Collection of data and samples, and test or exploration drilling or trenching (B, G, L) (PDF, 145 KB).
- Establishment and/or operation of survey marks, field instruments, and research/monitoring devices (H) (PDF, 145 KB).
- Off-road travel or minor activities to gain or prepare access to sites (K, P) (PDF, 145 KB).
Federal Highway Association
- Emergency repair, restoration, retrofitting, or replacement actions for transportation facilities damaged by an incident resulting in an emergency declared that is in operation or under construction when the incident occurred. (C9)
Farm Service Agency
- Construction or ground disturbance actions. (E2)
Natural Resource Conservation Service
- Planting appropriate herbaceous and woody vegetation on disturbed sites to restore and maintain the sites ecological functions and services. (d(1))
- Replacing and repairing existing culverts, grade stabilization, and water control structures and other small structures that were damaged by natural disasters. (d(4))
- Removing storm debris and sediment following a natural disaster where there is a continuing and eminent threat to public health or safety, property, and natural and cultural resources and removal is necessary to restore lands to pre-disaster conditions. (d(7))
- Stabilizing stream banks and associated structures to reduce erosion through bioengineering techniques following a natural disaster to restore pre-disaster conditions to the extent practicable, e.g., utilization of living and nonliving plant materials in combination with natural and synthetic support materials. (d(8))
- Restoring an ecosystem, fish and wildlife habitat, biotic community, or population of living resources to a determinable pre-impact condition. (d(11))
- Repairing or maintenance of existing constructed fish passageways, such as fish ladders or spawning areas impacted by natural disasters or human alteration (d(12))
Tennessee Valley Authority
- Actions to maintain, restore, or enhance terrestrial ecosystems that generally involve physical disturbance of no more than 125 acres. (CE 30)
- Forest management activities to manipulate species composition and age class or regenerate forest stands up to 125 acres and requiring no more than 1 mile of temporary or seasonal permanent road construction and Salvage of dead and/or dying trees up to 250 acres and requiring no more than 1 mile of temporary or seasonal permanent road construction. (CE 31)
An appeal or objection is a formal request to a higher agency authority for review of an environmental document or decision. The pre-decisional objection process provides the public an opportunity for administrative review of unresolved public concerns over a proposed decision. The public’s rights and responsibilities to file an objection are defined at 36 CFR 218 for projects and activities documented in an environmental assessment or environmental impact statement, and at 36 CFR 219 for land management plan amendments and revisions
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I’m not sure why the appeal and objections processes are listed, as I didn’t think they applied to CEs?
I don’t think these buy us all that much, aside from perhaps some special uses categories. The big unveil of the three newest adopted CEs was pitched by the WO as a big new help, but just about everything can already be done by existing FS CEs. Sure, that new TVA category is 1mi instead of 0.5mi of road, but that isn’t earth shattering. And I think it’s funny to be adopting more categories about replanting, when our RO has told us that tree planting after a fire doesn’t even need a CE under our existing FS CE.
The things that would help are bigger acreage CEs, more road construction, and more categories for which a project file is not required. Or take the completely opposite tack, and do giant programmatic EISs that are one and done for entire forests, followed up by simple project-specific DNAs.
The plan amendment CE borrowed from the Park Service is interesting: “Changes or amendments to an approved plan when changes would cause no or only minimal environmental impact.”
This strikes me as a much easier hurdle to clear than the one lurking in existing 36 FCR §220.6(e)(16): “Land management plans, plan amendments, and plan revisions developed in accordance with 36 CFR part 219 et seq. that provide broad guidance and information for project and activity decisionmaking in a NFS unit. Proposals for actions that approve projects and activities, or that command anyone to refrain from undertaking projects and activities, or that grant, withhold or modify contracts, permits or other formal legal instruments, are outside the scope of this category and shall be considered separately under Forest Service NEPA procedures.”
The “command anyone to refrain from undertaking” things language has ruled out amendments that would add standards that prohibit actions or effects and therefore cause “no … environmental impact” (though I think this language, from the Supreme Court in Ohio Forestry, is being misconstrued). It looks to me like this new CE would supersede the old one for those situations – and maybe make it a little easier to keep forest plans current.
One other thought, some of these may not make as much sense when applied to national forest lands as opposed to less pristine lands under other agencies’ jurisdictions. Restoring an aquatic ecosystem (from NRCS) is one. (I also looked at “construction or ground disturbance actions” (FSA), and there is a list of specifically what kinds could be eligible.)