Notice2026-03624
Notice of Adoption of Categorical Exclusions Under the National Environmental Policy Act
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Published
February 24, 2026
Issuing agencies
Defense DepartmentAir Force Department
Abstract
The Department of the Air Force (DAF) has identified categorical exclusions (CATEXs) established by the Department of Energy (DOE), United States Geological Survey (USGS), United States Forest Service (USFS), Natural Resource Conservation Services (NRCS), Department of Interior (DOI), Bureau of Land Management (BLM), and Farm Service Agency (FSA) that DAF is adopting (42 United States Code (U.S.C.) 4336c). This notice identifies the twenty-seven CATEXs established by the above listed Federal agencies and describes the categories of proposed actions for which the DAF intends to use these CATEXs. The DAF has consulted with these agencies, as described herein, and obtained concurrence on DAF use of these CATEXs.
Full Text
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<title>Federal Register, Volume 91 Issue 36 (Tuesday, February 24, 2026)</title>
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[Federal Register Volume 91, Number 36 (Tuesday, February 24, 2026)]
[Notices]
[Pages 8847-8851]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03624]
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DEPARTMENT OF DEFENSE
Department of the Air Force
Notice of Adoption of Categorical Exclusions Under the National
Environmental Policy Act
AGENCY: Department of the Air Force, DOD.
ACTION: Notice of adoption of categorical exclusions.
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SUMMARY: The Department of the Air Force (DAF) has identified
categorical exclusions (CATEXs) established by the Department of Energy
(DOE), United States Geological Survey (USGS), United States Forest
Service (USFS), Natural Resource Conservation Services (NRCS),
Department of Interior (DOI), Bureau of Land Management (BLM), and Farm
Service Agency (FSA) that DAF is adopting (42 United States Code
(U.S.C.) 4336c). This notice identifies the twenty-seven CATEXs
established by the above listed Federal agencies and describes the
categories of proposed actions for which the DAF intends to use these
CATEXs. The DAF has consulted with these agencies, as described herein,
and obtained concurrence on DAF use of these CATEXs.
DATES: The CATEXs identified in the SUPPLEMENTARY INFORMATION section
are available for DAF use effective immediately.
ADDRESSES: Mr. Jack Bush, Suite 4C1057, 1260 Air Force Pentagon,
Arlington, VA 20330-1263; Email: <a href="/cdn-cgi/l/email-protection#5130377f3065327f3f342130263e233a373d3e261124227f30377f3c383d"><span class="__cf_email__" data-cfemail="6d0c0b430c590e4303081d0c1a021f060b01021a2d181e430c0b43000401">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Mr. Jack Bush, DAF NEPA Policy and
Execution Oversite, 703-695-1773, <a href="/cdn-cgi/l/email-protection#1c7d7a327d287f3272796c7d6b736e777a70736b5c696f327d7a32717570"><span class="__cf_email__" data-cfemail="c5a4a3eba4f1a6ebaba0b5a4b2aab7aea3a9aab285b0b6eba4a3eba8aca9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Congress enacted the National Environmental Policy Act, 42 U.S.C.
4321-4347 (NEPA) to encourage productive and enjoyable harmony between
humans and the environment, recognizing the profound impact of human
activity and the critical importance of restoring and maintaining
environmental quality to the overall welfare of humankind. (42 U.S.C.
4321, 4331). NEPA seeks to ensure that agencies consider the
environmental effects of their proposed major actions in their
decision-making processes and inform and involve the public in that
process.
To comply with NEPA, agencies determine the appropriate level of
review of any major federal action--an environmental impact statement
(EIS), environmental assessment (EA), or categorical exclusion (CATEX)
(42 U.S.C. 4336). If a proposed action is likely to have significant
environmental effects, the agency must prepare an EIS and document its
decision in a record of decision (42 U.S.C. 4336). If the proposed
action is not likely to have significant environmental effects or the
effects are unknown, the agency may instead prepare an EA, which
involves a more concise analysis and process than an EIS (42 U.S.C.
4336). Following the EA, the agency may conclude that the action will
have no significant effects and document that conclusion in a finding
of no significant impact. If the analysis concludes that the action is
likely to have significant effects, then an EIS is required.
Pursuant to NEPA, a Federal agency can also establish CATEXs--
categories of actions that the agency has determined normally do not
significantly affect the quality of the human environment--in their
agency NEPA procedures (42 U.S.C. 4336e(1)).
If an agency determines that a CATEX covers a proposed action, it
then evaluates the proposed action for extraordinary circumstances in
which a normally excluded action may have a significant effect. If no
extraordinary circumstances are present, the agency may apply the CATEX
to the proposed action without preparing an EA or EIS (42 U.S.C.
4336(a)(2)). DAF considers extraordinary circumstances pursuant to
Department of Defense (DOD) NEPA Implementing Procedures dated 30 June
2025 Part 1.4(d) Applying Categorical Exclusions and will concurrently
use the agency extraordinary circumstances for the adopted CATEXs as
identified below.
If an extraordinary circumstance exists, the agency nevertheless
may apply the categorical exclusion if the agency conducts an analysis
and determines that the proposed action does not in fact have the
potential to result in significant effects notwithstanding the
extraordinary circumstance or the agency modifies the
[[Page 8848]]
proposed action to avoid or otherwise mitigate significant effects.
Section 109 of NEPA, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to adopt another Federal agency's
CATEX (42 U.S.C. 4336c). To use another agency's CATEXs under section
109, the adopting agency must identify the relevant CATEX listed in
another agency's (``establishing agency'') NEPA procedures that covers
the adopting agency's category of proposed actions or related actions;
consult with the establishing agency to ensure that the proposed
adoption of the CATEX is appropriate for a category of actions;
identify to the public the CATEX that the adopting agency plans to use
for its proposed actions; and document adoption of the CATEX (42 U.S.C.
4336c).
II. DOE, USGS, USFS, NRCS, DOI, BLM, and FSA Categorical Exclusions
DAF is adopting sixteen CATEXs established by the DOE. These CATEXs
are listed in DOE's NEPA Implementing Procedures, Appendix B (February
2026). Each of the DOE CATEXs includes conditions on the scope and
application of the CATEX within the text of the following numbered
paragraphs.
1. B1.2 Training Exercises and Simulations. Training exercises and
simulations (including, but not limited to, firing-range training,
small-scale and short-duration force-on-force exercises, emergency
response training, fire fighter and rescue training, and
decontamination and spill cleanup training) conducted under
appropriately controlled conditions and in accordance with applicable
requirements.
2. B1.19 Microwave, Meteorological, and Radio Towers. Siting,
construction, modification, operation, and removal of microwave, radio
communication, and meteorological towers and associated facilities,
provided that the towers and associated facilities would not be in a
governmentally designated scenic area (see B(4)(iv) of this appendix)
unless otherwise authorized by the appropriate governmental entity.
3. B1.33 Stormwater Runoff Control. Design, construction, and
operation of control practices to reduce stormwater runoff and maintain
natural hydrology. Activities include, but are not limited to, those
that reduce impervious surfaces (such as vegetative practices and use
of porous pavements), best management practices (such as silt fences,
straw wattles, and fiber rolls), and use of green infrastructure or
other low impact development practices (such as cisterns and green
roofs).
4. B4.1 Contracts, Policies, and Marketing and Allocation Plans for
Electric Power. Establishment and implementation of contracts,
policies, and marketing and allocation plans related to electric power
acquisition that involve only the use of the existing transmission
system and existing generation resources operating within their normal
operating limits.
5. B4.2 Export of Electrical Energy. Export of electric energy as
provided by Section 202(e) of the Federal Power Act over existing
transmission systems or using transmission system changes that are
themselves categorically excluded.
6. B4.4 Power Marketing Services and Activities. Power marketing
services and power management activities (including, but not limited
to, storage, load shaping and balancing, seasonal exchanges, and other
similar activities), provided that the operations of generating
projects would remain within normal operating limits. (See B4.14 of
this appendix for energy storage systems.)
7. B4.6 Additions and Modifications to Transmission Facilities.
Additions or modifications to electric power transmission facilities
within a previously disturbed or developed facility area. Covered
activities include, but are not limited to, switchyard rock grounding
upgrades, secondary containment projects, paving projects, seismic
upgrading, tower modifications, load shaping projects (such as reducing
energy use during periods of peak demand), changing insulators, and
replacement of poles, circuit breakers, conductors, transformers, and
crossarms. (See B4.14 of this appendix for energy storage systems.)
8. B4.7 Fiber Optic Cable. Adding fiber optic cables to
transmission facilities or burying fiber optic cable in existing
powerline or pipeline rights-of-way. Covered actions may include
associated vaults and pulling and tensioning sites outside of rights-
of-way in nearby previously disturbed or developed areas.
9. B4.8 Electricity Transmission Agreements. New electricity
transmission agreements, and modifications to existing transmission
arrangements, to use a transmission facility of one system to transfer
power of and for another system, provided that no new generation
projects would be involved and no physical changes in the transmission
system would be made beyond the previously disturbed or developed
facility area.
10. B4.10 Removal of Electric Transmission Facilities.
Deactivation, dismantling, and removal of electric transmission
facilities (including, but not limited to, electric powerlines,
substations, and switching stations) and abandonment and restoration of
rights-of-way (including, but not limited to, associated access roads).
11. B4.11 Electric Power Substations and Interconnection
Facilities. Construction or modification of electric power substations
or interconnection facilities (including, but not limited to, switching
stations and support facilities).
12. B4.12 Construction of Powerlines. Construction of electric
powerlines approximately 10 miles in length or less, or approximately
20 miles in length or less within previously disturbed or developed
powerline or pipeline rights-of-way.
13. B4.13 Upgrading and Rebuilding Existing Powerlines. Upgrading
or rebuilding existing electric powerlines, which may involve
relocations of small segments of the powerlines within an existing
powerline right-of-way or within otherwise previously disturbed or
developed lands (as discussed at section 5.4(b)(1)). Upgrading or
rebuilding existing electric powerlines also may involve widening an
existing powerline right-of-way to meet current electrical standards if
the widening remains within previously disturbed or developed lands and
only extends into a small area beyond such lands as needed to comply
with applicable electrical standards. Covered actions would be in
accordance with applicable requirements, including the integral
elements listed at the start of this appendix; and would incorporate
appropriate design and construction standards, control technologies,
and best management practices. This categorical exclusion does not
apply to underwater powerlines. As used in this categorical exclusion,
``small'' has the meaning discussed at section 5.4(b)(2)).
14. B4.14 Construction and Operation of Electrochemical-Battery or
Flywheel Energy Storage Systems. Construction, operation, upgrade, or
decommissioning of an electrochemical-battery or flywheel energy
storage system within a previously disturbed or developed area or
within a small (as discussed at section 5.4(b)(2)) area contiguous to a
previously disturbed or developed area. Covered actions would be in
accordance with applicable requirements (such as land use and zoning
requirements) in the proposed project area and the integral elements
listed at the start of this appendix, and would incorporate appropriate
safety standards (including the current National Fire Protection
Association 855, Standard for the Installation of Stationary Energy
Storage Systems), design and construction
[[Page 8849]]
standards, control technologies, and best management practices.
15. B5.16 Solar Photovoltaic Systems. (a) The installation,
modification, operation, or decommissioning of commercially available
solar photovoltaic systems: (1) Located on a building or other
structure (such as rooftop, parking lot or facility, or mounted to
signage, lighting, gates, or fences); or (2) Located within a
previously disturbed or developed area. (b) Covered actions would be in
accordance with applicable requirements (such as land use and zoning
requirements) in the proposed project area and the integral elements
listed at the start this appendix, and would be consistent with
applicable plans for the management of wildlife and habitat, including
plans to maintain habitat connectivity, and incorporate appropriate
control technologies and best management practices.
16. B5.23 Electric Vehicle Charging Stations. The installation,
modification, operation, and removal of electric vehicle charging
stations, using commercially available technology, within a previously
disturbed or developed area. Covered actions are limited to areas where
access and parking are in accordance with applicable requirements (such
as local land use and zoning requirements) in the proposed project area
and would incorporate appropriate control technologies and best
management practices.
The DAF is adopting three CATEXs established by the USGS. These
CATEXs are listed in DOI Handbook of NEPA Procedures, Appendix 2,
Section 9.5. Each of the USGS CATEXs includes conditions on the scope
and application of the CATEX within the text of the following numbered
paragraphs.
1. B. Collection of data and samples for geologic, paleontologic,
hydrologic, mineralogic, geochemical and surface or subsurface
geophysical investigations, and resource evaluation, including
contracts therefor.
2. H. Establishment of survey marks, placement and operation of
field instruments, and installation of any research/monitoring devices.
3. I. Digging and subsequent site restoration of exploratory
trenches not to exceed one acre of surface disturbance.
The DAF is adopting three CATEXs established by the USFS. These
CATEXs are listed in USFS's NEPA regulations at 7 CFR 1b.4. Each of the
USFS CATEXs includes conditions on the scope and application of the
CATEX within the text of the following numbered paragraphs.
1. (d)(32)(USDA-32d-USFS) Short-term (1 year or less) mineral,
energy, or geophysical investigations and their incidental support
activities that may require cross-country travel by vehicles and
equipment, construction of less than 1 mile of low standard road, or
use and minor repair of existing roads. Examples include, but are not
limited to:
(i) Authorizing geophysical investigations which use existing roads
that may require incidental repair to reach sites for drilling core
holes, temperature gradient holes, or seismic shot holes;
(ii) Gathering geophysical data using shot hole, vibroseis, or
surface charge methods;
(iii) Trenching to obtain evidence of mineralization;
(iv) Clearing vegetation for sight paths or from areas used for
investigation or support facilities;
(v) Redesigning or rearranging surface facilities within an
approved site;
(vi) Approving interim and final site restoration measures; and
(vii) Approving a plan for exploration which authorizes repair of
an existing road and the construction of \1/3\ mile of temporary road;
clearing vegetation from an acre of land for trenches, drill pads, or
support facilities.
2. (d)(34)(USDA-34d-USFS) Post-fire rehabilitation activities, not
to exceed 4,200 acres (such as tree planting, fence replacement,
habitat restoration, heritage site restoration, repair of roads and
trails, and repair of damage to minor facilities such as campgrounds),
to repair or improve lands unlikely to recover to a management approved
condition from wildland fire damage, or to repair or replace minor
facilities damaged by fire. Such activities:
(i) Shall be conducted consistent with Agency and Departmental
procedures and applicable land and resource management plans;
(ii) Shall not include the use of herbicides or pesticides or the
construction of new permanent roads or other new permanent
infrastructure; and
(iii) Shall be completed within 3 years following a wildland fire.
3. (d)(40)(USDA-40d-USFS) Restoring wetlands, streams, riparian
areas or other water bodies by removing, replacing, or modifying water
control structures such as, but not limited to, dams, levees, dikes,
ditches, culverts, pipes, drainage tiles, valves, gates, and fencing,
to allow waters to flow into natural channels and floodplains and
restore natural flow regimes to the extent practicable where valid
existing rights or special use authorizations are not unilaterally
altered or canceled. Examples include but are not limited to:
(i) Repairing an existing water control structure that is no longer
functioning properly with minimal dredging, excavation, or placement of
fill, and does not involve releasing hazardous substances;
(ii) Installing a newly-designed structure that replaces an
existing culvert to improve aquatic organism passage and prevent
resource and property damage where the road or trail maintenance level
does not change;
(iii) Removing a culvert and installing a bridge to improve aquatic
and/or terrestrial organism passage or prevent resource or property
damage where the road or trail maintenance level does not change; and
(iv) Removing a small earthen and rock fill dam with a low hazard
potential classification that is no longer needed.
The DAF is adopting two CATEXs established by the NRCS. These
CATEXs are listed in NRCS's NEPA regulations at 7 CFR 1b.4. The NRCS
CATEX includes conditions on the scope and application of the CATEX
within the text of the following numbered paragraphs.
1. (d)(21)(USDA-21d-NRCS) Undertaking minor agricultural practices
to maintain and restore ecological conditions in floodplains after a
natural disaster or on lands impacted by human alteration. Examples of
these practices include: mowing, haying, grazing, fencing, off-stream
watering facilities, and invasive species control which are undertaken
when fish and wildlife are not breeding, nesting, rearing young, or
during other sensitive timeframes.
2. (d)(22)(USDA-22d-NRCS) Implementing soil control measures on
existing agricultural lands, such as grade stabilization structures
(pipe drops), sediment basins, terraces, grassed waterways, filter
strips, riparian forest buffer, and critical area planting.
The DAF is adopting a CATEX established by the DOI. This CATEX is
listed in DOI Handbook of NEPA Procedures--Appendix 2, Section 7.5. The
DOI CATEX includes conditions on the scope and application of the CATEX
within the text of the following numbered paragraph. Note, the DOI has
determined that the CATEX listed below will not be used by DOI bureaus
in areas within the jurisdiction of the United States Court of Appeals
for the Ninth Circuit.
1. B(12)*(Not for use within the jurisdiction of the Ninth Circuit
Court.) Hazardous fuels reduction activities using prescribed fire not
to exceed 4,500
[[Page 8850]]
acres, and mechanical methods for crushing, piling, thinning, pruning,
cutting, chipping, mulching, and mowing, not to exceed 1,000 acres.
Such activities:
(a) Shall be limited to areas--
(i) In wildland-urban interface; and
(ii) Condition Classes 2 or 3 in Fire Regime Groups I, II, or III,
outside the wildland-urban interface;
(b) Shall be identified through a collaborative framework as
described in ``A Collaborative Approach for Reducing Wildland Fire
Risks to Communities and the Environment 10-Year Comprehensive Strategy
Implementation Plan;''
(c) Shall be conducted consistent with bureau and Departmental
procedures and applicable land and resource management plans;
(d) Shall not be conducted in wilderness areas or impair the
suitability of wilderness study areas for preservation as wilderness;
and
(e) Shall not include the use of herbicides or pesticides or the
construction of new permanent roads or other new permanent
infrastructure; and may include the sale of vegetative material if the
primary purpose of the activity is hazardous fuels reduction.
(* Indicates that DOI has a requirement to document the
applicability of the CATEX and review of extraordinary circumstances)
The DAF is adopting a CATEX established by the BLM. This CATEX is
listed in DOI Handbook of NEPA Procedures--Appendix Section 11.9. The
BLM CATEX includes conditions on the scope and application of the CATEX
within the text of the following numbered paragraph.
1. * B(7). Approval of an operations plan and associated Geothermal
Drilling Permits for a geothermal resource confirmation project,
pursuant to 43 CFR part 3200, subpart 3260; which:
a. Does not include resource utilization;
b. Does not exceed 20 acres of total (contiguous or noncontiguous)
surface disturbance;
c. Requires reclamation of all surface disturbances when their
intended purpose has been fulfilled;
d. Requires reclamation of temporary routes when their intended
purpose(s) has been fulfilled, unless through a separate review and
decision-making process the BLM incorporates and appropriately
designates the route as part of its transportation system;
e. Does not make a temporary route available for public use unless
the temporary route is specifically intended to accommodate public use;
f. Requires temporary routes to be constructed and used so as to
allow for the reclamation, by artificial or natural means, of
vegetative cover on the temporary route and areas where the vegetative
cover was disturbed by the construction or use of the route, and
requires such treatment to be designed to reestablish vegetative cover
as soon as possible, but at most within 10 years after approved
reclamation commences; and,
g. Includes design elements to protect resources and resource uses
consistent with the applicable Resource Management Plan, laws,
regulations, and lease terms
(* Indicates that DOI has a requirement to document the
applicability of the CATEX and review of extraordinary circumstances)
The DAF is adopting a CATEX established by the FSA. This CATEX is
listed in FSA's NEPA regulations at 7 CFR 1b.4. The FSA CATEX includes
conditions on the scope and application of the CATEX within the text of
the following numbered paragraph.
1. (c)(16)(v)(USDA-16c-FSA) Conservation easement purchases with no
construction planned.
III. DAF's Use of Adopted CATEXs
DAF expects to use the above listed CATEXs for proposed actions
that would enhance mission capabilities and effectiveness, improve
safety, and increase operational efficiencies. The examples listed here
are illustrative and not an exclusive list of the proposed actions for
which CATEXs may be available. For example, USFS CATEX (d)(40) would
allow the DAF to restore wetlands, streams, riparian areas and other
water bodies. Also, consistent with USGS CATEX B, the DAF may utilize
this CATEX for completion of geomorphological investigations, shovel
testing, and soil sampling. NRCS CATEX (d)(21) and FSA CATEX (c)(16)(v)
would allow DAF to implement soil control measures on existing
agricultural lands when conducing grazing projects. The DAF may utilize
DOE CATEX B4.11 for the construction or modification of electric power
substations or interconnection facilities. The categories of actions
described herein are activities for which the DAF contemplates using
the CATEXs at this time; however, DAF may expand use of the CATEXs
identified in Section II to other activities where appropriate and
would consult with the establishing agency, as needed. When the
establishing agency CATEX requires documentation to apply the CATEX,
the DAF Environmental Planning Function (EPF) shall complete a detailed
DAF Form 813 Request for Environmental Impact Analysis. When a CATEX
describes an exempted activity as being carried out by the owning
agency, the CATEX applies to the same exempted activity when it is
carried out by the DAF.
IV. Consideration of Extraordinary Circumstances
The DoD has NEPA implementing procedures to guide its analysis of
extraordinary circumstances. Further, DAF will apply the owning
agency's extraordinary circumstances. If an extraordinary circumstance
is present, the DAF will determine whether it is possible to avoid
significant effects. The DAF EPF must document application of any
mitigations on a fully developed DAF Form 813. If DAF cannot apply a
CATEX to a particular proposed action due to extraordinary
circumstances, DAF will prepare an EA or EIS, consistent with DoD NEPA
Implementing Procedures dated 30 June 2025 Part 1.4 Categorical
exclusions.
IV. Consultation With Establishing Agencies and Determination of
Appropriateness
DAF worked with DOE, USGS, USFS, NRCS, DOI, BLM, and FSA to
identify twenty-seven CATEXs that could apply to DAF proposed actions
and consulted with these agencies between 3 December 2024 and 29 April
2025. During the consultation, the agencies discussed whether the
categories of DAF proposed actions would be appropriately covered by
CATEXs from the above listed Federal agencies; the extraordinary
circumstances that DAF should consider before applying these CATEXs to
DAF's proposed actions; the requirement to evaluate before use of the
above listed Federal agencies CATEXs, the conditions listed as integral
elements in these agencies NEPA regulations (listed in Section II
above); and what documentation DAF should complete when applying these
CATEXs. The agencies also considered past use of the CATEXs by the DOE,
USGS, USFS, NRCS, DOI, BLM, and FSA, including how often these agencies
modified a proposed action or prepared an EA or EIS for a proposed
action otherwise covered by the CATEXs. At the conclusion of that
process, the agencies determined that DAF's proposed use of the CATEXs
as described in this notice would be appropriate.
V. Conclusion
This notice documents adoption of the twenty-seven CATEXs listed in
Section II in accordance with 42 U.S.C. 4336c(4), and they are
available for use by DAF, effective immediately.
[[Page 8851]]
(Authority: 42 U.S.C. 4321-4347.)
Crystle C. Poge,
Air Force Federal Register Liaison Officer.
[FR Doc. 2026-03624 Filed 2-23-26; 8:45 am]
BILLING CODE 3911-44-P
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