Notice2026-05952
Notice of Adoption of Categorical Exclusions Under Section 109 of the National Environmental Policy Act
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Published
March 27, 2026
Effective
March 27, 2026
Issuing agencies
Homeland Security Department
Abstract
The Department of Homeland Security (DHS) is notifying the public and documenting the adoption of five categorical exclusions (CEs) under the National Environmental Policy Act (NEPA). This notice identifies the types of actions to which DHS will apply the CEs, the considerations that DHS will use in determining the applicability of the CEs, and the consultation between the agencies on the use of the CEs, including application of extraordinary circumstances.
Full Text
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<title>Federal Register, Volume 91 Issue 59 (Friday, March 27, 2026)</title>
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[Federal Register Volume 91, Number 59 (Friday, March 27, 2026)]
[Notices]
[Pages 14863-14865]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05952]
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DEPARTMENT OF HOMELAND SECURITY
Notice of Adoption of Categorical Exclusions Under Section 109 of
the National Environmental Policy Act
AGENCY: Office of the Secretary, Department of Homeland Security.
ACTION: Notice of Adoption of Categorical Exclusions pursuant to
Section 109 of the National Environmental Policy Act, 42 U.S.C. 4336c.
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SUMMARY: The Department of Homeland Security (DHS) is notifying the
public and documenting the adoption of five categorical exclusions
(CEs) under the National Environmental Policy Act (NEPA). This notice
identifies the types of actions to which DHS will apply the CEs, the
considerations that DHS will use in determining the applicability of
the CEs, and the consultation between the agencies on the use of the
CEs, including application of extraordinary circumstances.
DATES: The adoption is effective March 27, 2026.
FOR FURTHER INFORMATION CONTACT: Jennifer DeHart Hass, Director,
Environmental Planning Branch, by email at <a href="/cdn-cgi/l/email-protection#fe949b909097989b8cd0969f8d8dbe968fd09a968dd0999188"><span class="__cf_email__" data-cfemail="f399969d9d9a959681dd9b928080b39b82dd979b80dd949c85">[email protected]</span></a> or
by telephone at (202) 834-4346.
SUPPLEMENTARY INFORMATION:
I. Background
National Environmental Policy Act and Categorical Exclusions
The National Environmental Policy Act, 42 U.S.C. 4321-4347, as
amended (NEPA), requires, with respect to major federal actions
significantly affecting the quality of the human environment, all
Federal agencies to assess the environmental impacts of their proposed
actions before deciding whether and how to proceed. Congress enacted
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's aims are to ensure that agencies consider the potential
environmental effects of their proposed actions in their decision-
making processes and inform and involve the public in that process. 42
U.S.C. 4332. To comply with NEPA, agencies determine the appropriate
level of review for a proposed action. 42 U.S.C. 4336. Where required,
these levels of review may be documented in an environmental impact
statement (EIS), an environmental assessment (EA), or categorical
exclusion. 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(b)(1). If
the proposed action is not likely to have significant environmental
effects or where the level of significance is unknown, the agency may
instead prepare an EA, which involves preparing a concise public
document that may reach a finding of no significant impact. 42 U.S.C.
4336(b)(2). If, following preparation of an EA, the agency finds that
the proposed action may have significant effects, then an EIS is
required.
Under NEPA, a Federal agency may establish categorical exclusions--
categories of actions that the agency has determined normally do not
significantly affect the quality of the human environment--in its
agency NEPA procedures. 42 U.S.C. 4336e (1). If an agency determines
that a categorical exclusion covers a proposed action, the agency will
then evaluate the proposed action for any extraordinary circumstances
in which a normally excluded action may have a significant effect. If
no extraordinary circumstances are present or if further analysis
determines that the extraordinary circumstances do not involve the
potential for significant environmental impacts, the agency may rely on
the categorical exclusion to approve the proposed action without
preparing an EA or EIS. 42 U.S.C. 4336(a)(2). If the extraordinary
circumstances have the potential to result in significant effects, the
agency is required to prepare an EA or EIS.
Section 109 of NEPA, 42 U.S.C. 4336c, 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. To adopt another agency's
categorical exclusion under section 109, the adopting agency must: (1)
identify the relevant categorical exclusion listed in another agency's
(``establishing agency'') NEPA procedures ``that covers a category of
proposed actions or related actions''; (2) consult with the
establishing agency ``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 [adopting]
agency plans to use for its proposed actions''; and (4) document
adoption of the categorical exclusion. 42 U.S.C. 4336c.
This notice documents the Department's adoption of five CEs for DHS
use and notifies the public of these adoptions. One CE for adoption was
established by the Department of the Interior (DOI), Bureau of
Reclamations (BOR) at DOI NEPA Handbook Appendix 2 paragraph
14.5.D(17). One CE for adoption was established by DOI, Fish and
Wildlife Services (USFWS) at DOI NEPA Handbook Appendix 2 B(4). One CE
for adoption was established by the Department of Agriculture (USDA),
Farm Service Agency (FSA) at 7 CFR Subtitle A 1b.4(d)(1). Two CEs for
adoption were established by the National Aeronautics and Space
Administration (NASA) at 14 CFR part 1216.304(d)(2)(ix) and 14 CFR part
1216.304(d)(5)(i).
The DHS NEPA procedures are contained within Department of Homeland
Security Directive 023-01 Rev 01 and the Instruction Manual 023-01-001-
01 Rev 01, Implementing the National Environmental Policy Act (DHS NEPA
Instruction Manual). The Department maintains a list of categorical
exclusions available to all DHS Components in the DHS NEPA Instruction
Manual.
II. Identification of the Categorical Exclusions
DHS has identified the following five CEs for adoption.
BOR Categorical Exclusion for Adoption
DHS has identified 516 DOI NEPA Handbook Appendix 2 paragraph
14.5.D(17) ``Minor safety of dam construction activities where the work
is confined to the dam, abutment areas, or appurtenant features, and
where no major change in reservoir or downstream operation is
anticipated as a result of construction activities.''
DHS intends to use this CE to cover rehabilitation activities for
dams, abutment areas, and appurtenances funded by the Federal Emergency
Management Agency (FEMA) High Hazard Potential Dam Program.
USFWS Categorical Exclusions for Adoption
DHS has identified DOI NEPA Handbook Appendix 2 paragraph B(4).
``The use of prescribed burning for
[[Page 14864]]
habitat improvement purposes, when conducted in accordance with local
and State ordinances and laws.''
DHS intends to use this CE to cover actions described in the CE.
Per consultation with USFWS, this CE should be applied for actions with
the purpose of habitat restoration or enhancement. FEMA would use this
CE to support limited fire prevention activities under the Hazard
Mitigation Assistance program, where the purpose of the project is also
habitat restoration or enhancement.
FSA Categorical Exclusions for Adoption
DHS has identified 7 CFR Subtitle A 1b.4(d)(1) ``Construction or
ground disturbance actions.
(i) Bridges;
(ii) Chiseling and subsoiling in areas not previously tilled;
(iii) Construction of a new farm storage facility;
(iv) Dams;
(v) Dikes and levees;
(vi) Diversions;
(vii) Drop spillways;
(viii) Dugouts;
(ix) Excavation;
(x) Grade stabilization structures;
(xi) Grading, leveling, shaping and filling in areas or to depths
not previously disturbed;
(xii) Installation of structures designed to regulate water flow
such as pipes, flashboard risers, gates, chutes, and outlets;
(xiii) Irrigation systems;
(xiv) Land smoothing;
(xv) Line waterways or outlets;
(xvi) Lining;
(xvii) Livestock crossing facilities;
(xviii) Pesticide containment facility;
(xix) Pipe drop;
(xx) Pipeline for watering facility;
(xxi) Ponds, including sealing and lining;
(xxii) Precision land farming with ground disturbance;
(xxiii) Riparian buffer establishment;
(xxiv) Roads, including access roads;
(xxv) Rock barriers;
(xxvi) Rock filled infiltration trenches;
(xxvii) Sediment basin;
(xxviii) Sediment structures;
(xxix) Site preparation for planting or seeding in areas not
previously tilled;
(xxx) Soil and water conservation structures;
(xxxi) Stream bank and shoreline protection;
(xxxii) Structures for water control;
(xxxiii) Subsurface drains;
(xxxiv) Surface roughening;
(xxxv) Terracing;
(xxxvi) Underground outlets;
(xxxvii) Watering tank or trough installation, if in areas not
previously disturbed;
(xxxviii) Wells; and
(xxxix) Wetland restoration.''
DHS intends to use this CE to cover a broad range of ground
disturbance activities with potential for extraordinary circumstances
requiring review, including bridges, dams, excavation, and more. DHS
and Components would use this CE to cover routine and maintenance
projects with small footprints or limited areas of disturbance (e.g.,
small bridges authorized by United States Coast Guard) that would not
require an EA or EIS. Areas with larger footprints or areas of
disturbance that may result in potentially adverse effects may require
additional environmental review and consultation.
NASA Categorical Exclusions for Adoption
DHS has identified 14 CFR part 1216.304(d)(2)(ix) for adoption
``Routine maintenance, repair, and operation of vessels (including
unmanned autonomous surface vessels), aircraft (including unmanned
aircraft systems), overland/surface transportation vehicles, and other
transportation systems as applicable. Examples include but are not
limited to transportation or relocation of NASA equipment and hardware
by barge, aircraft, or surface transportation system (e.g., tractor
trailer or railroad); retrieval of spent solid rocket boosters by
vessel; repair or overhaul of vessel, aircraft, or surface
transportation systems that do not result in a change in the
environmental impacts of their normal operation.''
DHS intends to use this CE to cover routine maintenance, repair,
and operation of transportation platforms (such as unmanned aircraft
systems) completed by DHS Components. Per consultation with NASA, NASA
administrative records limit this CE to small unmanned aircraft systems
within Category 1 or Category 2. DHS will document each application of
NASA CEs and their consistency with NASA limitations in the DHS
Environmental Planning and Historic Preservation Decision Support
System. DHS will only apply this CE for routine maintenance, repair,
and operation of Category 1 or Category 2 aircraft systems.
DHS has identified 14 CFR part 1216.304(d)(5)(i) for adoption
``Periodic aircraft (including unmanned aircraft systems) flight
activities, including training and research and development, which are
routine and comply with applicable Federal, state, Tribal, or local
laws or requirements, and Executive Orders.''
DHS intends to use this CE to cover flight activities (such as
those completed by unmanned aircraft systems) completed by DHS
Components.
III. Consideration of Extraordinary Circumstances
When applying these categorical exclusions, DHS will evaluate the
proposed actions for whether there are any extraordinary circumstances.
The Department's extraordinary circumstances are listed within the DHS
Instruction Manual and include, in part, consideration of impacts on
public health and safety; listed species and migratory birds; historic
or cultural resources; Indian sacred sites; environmentally sensitive
areas, such as historic properties prime or unique agricultural lands,
coastal zones, designated wilderness or wilderness study areas, wild
and scenic rivers, 100-year floodplains, wetlands, sole source
aquifers, Marine Sanctuaries, National Wildlife Refuges, National
Parks, National Monuments, essential fish habitat; violations of a
Federal, State, or local law or requirement imposed to protect the
environment; certain levels of controversy in terms of scientific
validity; precedent for future decision-making; context of scope and
size of the particular action; and degradation of already existing poor
environmental conditions.
DHS's list of extraordinary circumstances is comparable to those of
DOI, found at 43 CFR 46.215; However, one DOI extraordinary
circumstance 43 CFR 46.215(i), which considers the introduction of
noxious weeds or non-native invasive species, is not explicitly covered
under in DHS extraordinary circumstances.
To ensure DHS application of DOI CEs is consistent with DOI
extraordinary circumstances, DHS will evaluate whether the action will
result in the introduction of noxious weeds or non-native invasive
species as described in 43 CFR 46.215(i). Consistent with the DHS NEPA
Instruction Manual, DHS will document each application of DOI CEs and
their consistency with DOI extraordinary circumstances in the DHS
Environmental Planning and Historic Preservation Decision Support
System. If DHS determines that a CE is not appropriate to support a
decision on a particular proposed action due to extraordinary
circumstances, DHS would prepare an EA or EIS.
DHS's list of extraordinary circumstances is comparable to those of
USDA, found at 7 CFR Subtitle A Part 1b.3(f), and NASA, found at 14 CFR
part 1216.304(c).
[[Page 14865]]
Therefore, only the DHS NEPA Instruction Manual and the
extraordinary circumstances contained therein would be reviewed as to
whether the proposed action has the potential to result in significant
effects for actions DHS is intending to apply a USDA or a NASA CE. If
DHS determines that a CE is not appropriate to support a decision on a
particular proposed action due to extraordinary circumstances, DHS
would prepare an EA or EIS. Consistent with the DHS NEPA Instruction
Manual, DHS will document each application of these CEs in the DHS
Environmental Planning and Historic Preservation Decision Support
System.
IV. Consultation With Agencies and Determination of Appropriateness
In July, August, and December of 2025 and January of 2026, DHS
consulted with BOR, FSA, USFWS, and NASA about the appropriateness of
the Department's adoption of their respective categorical exclusions.
Those consultations each included a review of each agency's or bureau's
experience in establishing and applying the categorical exclusions, as
well as DHS's intended uses for the categorical exclusions. Based on
those consultations and reviews, DHS has determined that the types of
activities DHS proposes to authorize are substantially similar to the
activities for which BOR, USFWS, FSA, and NASA have applied their
respective categorical exclusions. Accordingly, the impacts of the DHS
actions would be substantially similar to the impacts of each
establishing agency's actions, which are not significant, absent the
existence of extraordinary circumstances. Therefore, DHS has determined
that DHS's proposed use of the CEs, as described within this notice is
appropriate.
V. Notice to the Public and Documentation of Adoption
This notice serves to identify to the public and document DHS's
adoption of BOR, USFWS, FSA, and NASA categorical exclusions and
identifies the types of actions to which DHS contemplates applying the
actions at this time. Upon issuance of this notice, the adopted of BOR,
USFWS, FSA, and NASA categorical exclusions will be available to DHS
and accessible on <a href="http://DHS.gov">DHS.gov</a> at <a href="https://www.dhs.gov/ocrso/eed/epb/nepa">https://www.dhs.gov/ocrso/eed/epb/nepa</a>.
Tracey L. Watkins,
Chief Readiness Support Officer, Department of Homeland Security.
[FR Doc. 2026-05952 Filed 3-26-26; 8:45 am]
BILLING CODE 9112-FF-P
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