Notice of Adoption of Categorical Exclusions Under Section 109 of the National Environmental Policy Act

Issuing agencies

Abstract

The Department of Homeland Security (DHS or Department) is notifying the public and documenting the adoption of thirty-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 164 (Wednesday, August 26, 2026)</title>
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[Federal Register Volume 91, Number 164 (Wednesday, August 26, 2026)]
[Notices]
[Pages 55104-55111]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17364]


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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 or Department) is 
notifying the public and documenting the adoption of thirty-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 August 26, 2026.

FOR FURTHER INFORMATION CONTACT: Jennifer DeHart Hass, Director, 
Environmental Planning Branch, by email at <a href="/cdn-cgi/l/email-protection#adc7c8c3c3c4cbc8df83c5ccdedeedc5dc83c9c5de83cac2db"><span class="__cf_email__" data-cfemail="abc1cec5c5c2cdced985c3cad8d8ebc3da85cfc3d885ccc4dd">[email&#160;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

[[Page 55105]]

(NEPA), requires all Federal agencies to consider the environmental 
effects of their proposed actions as a part of agencies' decision-
making processes. 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 CE. 42 U.S.C. 4336. If a proposed action is likely to have 
significant environmental effects, DHS will 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 CEs--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 CE 
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 CE to approve the 
proposed action without preparing an EA or EIS. 42 U.S.C. 4336(a)(2). 
If the Department determines that the proposed action has extraordinary 
circumstances that may result in reasonably foreseeable significant 
effects on the quality of the human environment, the DHS will determine 
the CE cannot apply to the proposed action and will prepare an EA or 
EIS, as appropriate.
    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 CE under 
section 109, the adopting agency must: (1) identify the relevant CE 
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 CE. 42 U.S.C. 4336c.
    This notice documents the Department's adoption of thirty-five CEs 
for DHS use and notifies the public of these adoptions. Two CEs were 
established by the Department of Agriculture (USDA), Natural Resources 
Conservation Service (NRCS) at 7 CFR 1b.4(d)(3) and (d)(10). Seven CEs 
were established by the USDA, Rural Development (RD) at 7 CFR 
1b.4(d)(24)(i), (d)(24)(ii), (d)(24)(iii)(G)-(J), and (d)(24)(iii)(L). 
Two CEs were established by the USDA, United States Forest Service 
(USFS) at 7 CFR 1b.4(d)(41) and (d)(31). One CE for adoption was 
established by Department of Commerce (DOC), First Responder Network 
Authority (FirstNet Authority) at First Responder Network Authority 
Procedures for Implementing the National Environmental Policy Act, 
Appendix B, paragraph B.3.\1\ One CE for adoption was established by 
Department of Commerce (DOC), National Telecommunications and 
Information Administration (NTIA) at Guidance on NTIA National 
Environmental Policy Act Compliance, Appendix B, C-8.\2\ Fifteen CEs 
were established by the Department of Energy (DOE) in the DOE NEPA 
regulations at 10 CFR, Appendix B to part 1021, paragraphs B1.13, 
B1.15, B1.19, B1.22, B1.23, B1.26, B1.29, B1.33, B1.35, B3.9, B5.18, 
B5.20, B5.24, B5.4, and B5.5 and at DOE NEPA Implementing Procedures, 
Appendix B, paragraphs B1.13, B1.15, B1.19, B1.22, B1.23, B1.26, B1.29, 
B1.33, B1.35, B3.9, B5.18, B5.20, B5.24, B5.4, and B5.5.\3\ One CE for 
adoption was established by the Department of Health and Human Services 
(HHS), Indian Health Service (IHS) at Federal Register Notice, National 
Environmental Policy Act; Categorical Exclusions (58 FR 569), C.\4\ Two 
CE categories for adoption were established by the Department of 
Transportation (DOT), Federal Highway Administration (FHWA) at 23 CFR 
771.117(c)(6) and (c)(24). One CE for adoption was established by the 
Department of War (DOW), Department of Army (DA) at Department of War 
National Environmental Policy Act Implementing Procedures, Appendix A, 
section I, DoW A10-10.\5\ One CE for adoption was established by the 
DOW, Department of Navy (DON) at Department of War National 
Environmental Policy Act Implementing Procedures, Appendix A, section 
III, DoW A134-14.\6\ One CE for adoption was established by the DOW, 
United States Army Corps of Engineers (USACE) at Department of War 
National Environmental Policy Act Implementing Procedures, Appendix A, 
section VIII, DoW A263-1.\7\ One CE was established by the Tennessee 
Valley Authority (TVA) at 18 CFR, Appendix A to Subpart C to Part 
1318(29).
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    \1\ <a href="https://www.firstnet.gov/newsroom/resources/policy/revised-firstnet-authority-nepa-implementing-procedures">https://www.firstnet.gov/newsroom/resources/policy/revised-firstnet-authority-nepa-implementing-procedures</a>.
    \2\ <a href="https://broadbandusa.ntia.gov/sites/default/files/2025-06/NTIA_NEPA_Procedures_June_2025.pdf">https://broadbandusa.ntia.gov/sites/default/files/2025-06/NTIA_NEPA_Procedures_June_2025.pdf</a>.
    \3\ <a href="https://www.energy.gov/nepa/doe-nepa-implementing-procedures">https://www.energy.gov/nepa/doe-nepa-implementing-procedures</a>.
    \4\ <a href="https://www.loc.gov/item/fr058003/">https://www.loc.gov/item/fr058003/</a>.
    \5\ <a href="https://www.denix.osd.mil/nepa/denix-files/sites/55/2026/05/DOW-Procedures-Combined_05252026_V1.2.pdf">https://www.denix.osd.mil/nepa/denix-files/sites/55/2026/05/DOW-Procedures-Combined_05252026_V1.2.pdf</a>.
    \6\ Id.
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    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 35 CEs for adoption.

NRCS Categorical Exclusions for Adoption

    DHS has identified 7 CFR 1b.4(d)(3). ``Planting appropriate 
herbaceous and woody vegetation, which does not include noxious weeds 
or invasive plants, on disturbed sites to restore and maintain the 
sites ecological functions and services.''
    DHS would use this CE to cover activities that use native plants to 
stabilize areas. For example, FEMA may

[[Page 55106]]

use this CE to stabilize beach and dune systems or stabilize areas 
damaged by flooding or fire.
    7 CFR1b.4(d)(10). ``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, 
such as rocks, rip-rap, geo-textiles, for slope stabilization, erosion 
reduction, and vegetative establishment and establishment of 
appropriate plant communities (bank shaping and planting, brush 
mattresses, log, root wad, and boulder stabilization methods).''
    DHS would use this CE for activities described in the CE. For 
example, FEMA may utilize this CE for post-wildfire stabilization 
activities or actions where there are no current CEs. DHS has CEs that 
cover maintenance of aquatic and riparian habitats in streams and 
ponds, but activities covered under this CE are limited to DHS 
properties. Additionally, this CE expands the use of bioengineering 
techniques.
    To maintain consistency with the NRCS Conservation Practice 
Standards, DHS will prepare a Record of Environmental Conditions (REC) 
when applying these CEs.

RD Categorical Exclusions for Adoption

    DHS has identified 7 CFR 1b.4(d)(24)(i). ``Installation of new, 
commercial-scale water supply wells and associated pipelines or water 
storage facilities that are required by a regulatory authority or 
standard engineering practice as a backup to existing production 
well(s) or as reserve for fire protection.''
    This CE would be used to cover the installation of water wells, 
pipelines, or other water storage facilities that could be used as 
backups to existing wells. For example, FEMA-funded projects supporting 
disaster recovery may utilize this CE.
    7 CFR 1b.4(d)(24)(ii). ``Financial assistance for small-scale 
corridor development.
    (A) Construction or repair of roads, streets, and sidewalks, 
including related structures such as curbs, gutters, storm drains, and 
bridges, in an existing right-of-way with minimal change in use, size, 
capacity, purpose, or location from the original infrastructure;
    (B) Improvement and expansion of existing water, wastewater, and 
gas utility systems: within 20 miles of currently served areas 
irrespective of the percent of increase in new capacity;
    (C) Replacement of utility lines where road reconstruction 
undertaken by non-Agency applicants requires the relocation of lines 
either within or immediately adjacent to the new road easement or 
right-of-way; and
    (D) Installation of new linear telecommunications facilities and 
related equipment and infrastructure.''
    This CE would be used for projects that provide financial 
assistance for repair, reconstruction, and/or mitigation of roads, 
utility systems, or other covered projects.
    7 CFR1b.4(d)(24)(iii)(G). ``Financial assistance for small-scale 
energy proposals. (G) Construction of small electric generating 
facilities (except geothermal and solar electric projects), including 
those fueled with wind or biomass, with a rating of 10 average MW or 
less. All supporting facilities and new related electric transmission 
lines 10 miles in length or less are included;''
    DHS intends to use this CE for financial assistance for new 
construction or reconstruction of small electric facilities. DHS 
currently has no CEs for these types of activities.
    7 CFR 1b.4(d)(24)(iii)(H). ``Siting, construction, and operation of 
small biomass projects (except small electric generating facilities 
projects fueled with biomass) producing not more than 3 million gallons 
of liquid fuel or 300,000 million British thermal units annually, 
developed on up 10 acres of land;''
    DHS intends to use this CE to new construction and repair of small 
biomass projects, which may be requested as part of disaster repairs or 
mitigation to power systems. DHS currently has no CEs for biomass 
projects.
    7 CFR 1b.4(d)(24)(iii)(I). ``Geothermal electric power projects or 
geothermal heating or cooling projects developed on up to 10 acres of 
land and including installation of one geothermal well for the 
production of geothermal fluids for direct use application (such as 
space or water heating/cooling) or for power generation. All supporting 
facilities and new related electric transmission lines 10 miles in 
length or less are included;''
    DHS intends to use this CE to new construction of geothermal 
electric projects, which may be requested as part of disaster repairs 
or mitigation to power systems. DHS currently has no CEs for geothermal 
projects.
    7 CFR 1b.4(d)(24)(iii)(J). ``(J) Solar electric projects or solar 
thermal projects developed on up to 10 acres of land including all 
supporting facilities and new related electric transmission lines 10 
miles in length or less;''
    DHS intends to use this CE to new construction or repair of solar 
thermal or solar electric projects, which may be requested as part of 
disaster repairs or mitigation to power systems.
    7 CFR 7 CFR 1b.4(d)(24)(iii)(L). ``Small conduit hydroelectric 
facilities having a total installed capacity of not more than 5 average 
MW using an existing conduit such as an irrigation ditch or a pipe into 
which a turbine would be placed for the purpose of electric generation. 
All supporting facilities and new related electric transmission lines 
10 miles in length or less are included;''
    DHS intends to use this CE to new construction or repair of solar 
thermal or solar electric projects, which may be requested as part of 
disaster repairs or mitigation to power systems.

USFS Categorical Exclusions for Adoption

    DHS has identified 7 CFR 1b.4(d)(31). ``Modification or maintenance 
of stream or lake aquatic habitat improvement structures using native 
materials or normal practices. Examples include, but are not limited 
to:
    (i) Reconstructing a gabion with stone from a nearby source;
    (ii) Adding brush to lake fish beds; and
    (iii) Cleaning and resurfacing a fish ladder at a hydroelectric 
dam.''
    DHS would use this CE to cover the modification or maintenance of 
aquatic habitat structures. These activities are commonly funded by 
FEMA, but existing DHS CEs do not fully cover these activities. The CE 
would allow DHS to refine current bioengineering requirements.
    7 CFR 1b.4(d)(41). ``Removing and/or relocating debris and sediment 
following disturbance events (such as floods, hurricanes, tornados, 
mechanical/engineering failures, etc.) to restore uplands, wetlands, or 
riparian systems to pre-disturbance conditions, to the extent 
practicable, such that site conditions will not impede or negatively 
alter natural processes. Examples include but are not limited to:
    (i) Removing an unstable debris jam on a river following a flood 
event and relocating it back in the floodplain and stream channel to 
restore water flow and local bank stability;
    (ii) Clean-up and removal of infrastructure flood debris, such as, 
benches, tables, outhouses, concrete, culverts, and asphalt following a 
hurricane from a stream reach and adjacent wetland area; and
    (iii) Stabilizing stream banks and associated stabilization 
structures to reduce erosion through bioengineering techniques 
following a flood event, including the use of living and nonliving

[[Page 55107]]

plant materials in combination with natural and synthetic support 
materials, such as rocks, riprap, geo-textiles, for slope 
stabilization, erosion reduction, and vegetative establishment and 
establishment of appropriate plant communities (bank shaping and 
planting, brush mattresses, log, root wad, and boulder stabilization 
methods).''
    DHS would use this CE for debris and sediment removal following 
water-related disturbance to restore prior conditions. No DHS CEs 
currently exist that cover streambank stabilization and the use of 
bioengineering techniques to restore conditions.

FirstNet Authority Categorical Exclusion for Adoption

    DHS has identified First Responder Network Authority Procedures for 
Implementing the National Environmental Policy Act, Appendix B, 
paragraph B.3. ``Construction of buried and aerial telecommunications 
lines, cables, and related facilities.''
    DHS components would use this CE to support telecommunication line 
and disaster recovery projects. Per consultation with the FirstNet 
Authority, this CE will be used for telecommunication networks and 
within reasonable distances, which may include previously undisturbed 
areas. This CE will not be used for extensive relocation of 
telecommunication networks or construction of new lines unassociated 
with telecommunication networks.

NTIA Categorical Exclusion for Adoption

    DHS has identified Guidance on NTIA National Environmental Policy 
Act Compliance, Appendix B, C-8. ``Acquisition, installation, 
reconstruction, repair by replacement, and operation of aerial or 
buried utility (e.g., water, sewer, electrical), communication (e.g., 
fiber optic cable, data processing cable and similar electronic 
equipment), and security systems that use existing rights-of-way, 
easements, grants of license, distribution systems, facilities, or 
similar arrangements.''
    DHS would use this CE for the activities described in the CE. For 
example, FEMA may use this CE for the installation of telecommunication 
lines for disaster mitigation and recovery projects.

DOE Categorical Exclusions for Adoption

    DHS has identified DOE NEPA Implementing Procedures, Appendix B, 
paragraphs B1.13 and 10 CFR part 1021, Appendix B, paragraph B1.13. 
``Pathways, Short Access Roads, and Rail Lines Construction, 
acquisition, and relocation, consistent with applicable right-of-way 
conditions and approved land use or transportation improvement plans, 
of pedestrian walkways and trails, bicycle paths, small outdoor fitness 
areas, and short access roads and rail lines (such as branch and spur 
lines).''
    DHS intends to use this CE to support new construction or 
relocation of pathways, short access roads, and rail lines. These 
activities are commonly funded by FEMA but currently have a 1-acre 
constraint under existing DHS CEs. The CE would allow DHS to expand 
current allowable acreage limitations.
    DOE NEPA Implementing Procedures, Appendix B, paragraph B1.15 and 
10 CFR part 1021, Appendix B, paragraph B1.15. ``Support buildings. 
Siting, construction or modification, and operation of support 
buildings and support structures (including, but not limited to, 
trailers and prefabricated and modular buildings) within or contiguous 
to an already developed area (where active utilities and currently used 
roads are readily accessible). Covered support buildings and structures 
include, but are not limited to, those for office purposes; parking; 
cafeteria services; education and training; visitor reception; computer 
and data processing services; health services or recreation activities; 
routine maintenance activities; storage of supplies and equipment for 
administrative services and routine maintenance activities; security 
(such as security posts); fire protection; small-scale fabrication 
(such as machine shop activities), assembly, and testing of non-nuclear 
equipment or components; and similar support purposes, but exclude 
facilities for nuclear weapons activities and waste storage activities, 
such as activities covered in B1.10, B1.29, B1.35, B2.6, B6.2, B6.4, 
B6.5, B6.6, and B6.10 of this appendix.''
    DHS intends to use this CE for the siting, construction, or 
modification of support buildings and facilities. New construction of 
support buildings currently has a 1-acre constraint under existing DHS 
CEs. The CE would allow DHS to expand current allowable acreage 
limitations.
    In adopting this CE, DHS will make an administrative change to 
remove ``of this appendix'' from the text of the B1.15 and replace with 
``of Appendix B in the DOE NEPA Implementing Procedures and in Appendix 
B of 10 CFR part 1021'' in alignment with Council on Environmental 
Quality (CEQ) guidance on categorical exclusion adoption.\8\
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    \8\ <a href="https://ceq.doe.gov/docs/ceq-regulations-and-guidance/Categorical-Exclusion-Guidance-2026.pdf">https://ceq.doe.gov/docs/ceq-regulations-and-guidance/Categorical-Exclusion-Guidance-2026.pdf</a>.
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    DOE NEPA Implementing Procedures, Appendix B, paragraph B1.19 and 
10 CFR part 1021, Appendix B, paragraph 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.''
    In adopting this CE, DHS will make an administrative change to 
remove ``of this appendix'' from the text of the B1.19 and replace with 
``of Appendix B in the DOE NEPA Implementing Procedures and in Appendix 
B of 10 CFR part 1021'' in alignment with CEQ guidance on categorical 
exclusion adoption.
    DHS intends to use this CE to support new construction or 
modification of towers. These activities are commonly funded by FEMA 
but currently have a height constraint of 200 or 400 feet under 
existing DHS CEs. The CE would allow DHS to expand current allowable 
height limitations.
    DOE NEPA Implementing Procedures, Appendix B, paragraph B1.22 and 
10 CFR part 1021, Appendix B, paragraph B1.22. ``Relocation of 
buildings. Relocation of buildings (including, but not limited to, 
trailers and prefabricated buildings) to an already developed area 
(where active utilities and currently used roads are readily 
accessible).''
    DHS intends to use this CE for activities described in the CE. For 
example, this CE may be used for hazard mitigation activities completed 
by FEMA, such as the relocation of safe rooms. These activities have a 
1-acre constraint and floodplain location constraint under existing DHS 
CEs. The CE would allow DHS to expand current allowable acreage and 
location limitations.
    DOE NEPA Implementing Procedures, Appendix B, paragraph B1.23 and 
10 CFR part 1021, Appendix B, paragraph B1.23. ``Demolition and 
disposal of buildings. Demolition and subsequent disposal of buildings, 
equipment, and support structures (including, but not limited to, smoke 
stacks and parking lot surfaces), provided that there would be no 
potential for release of substances at a level, or in a form, that 
could pose a

[[Page 55108]]

threat to public health or the environment.''
    DHS intends to use this CE for the demolition and disposal of 
buildings. These activities have a non-historic building constraint 
under existing DHS CEs. The CE would allow DHS for demolition of non-
historic and historic buildings if the National Historic Preservation 
Act (NHPA) Section 106 requirements are met.
    DOE NEPA Implementing Procedures, Appendix B, paragraph B1.26 and 
10 CFR part 1021, Appendix B, paragraph B1.26. ``Small water treatment 
facilities. Siting, construction, expansion, modification, replacement, 
operation, and decommissioning of small (total capacity less than 
approximately 250,000 gallons per day) wastewater and surface water 
treatment facilities whose liquid discharges are externally regulated, 
and small potable water and sewage treatment facilities.''
    DHS intends to use this CE for activities described in the CE. For 
example, this CE may be used to support disaster restoration or hazard 
mitigation activities completed by FEMA that require the construction 
of small water treatment facilities.
    DOE NEPA Implementing Procedures, Appendix B, paragraph B1.29 and 
10 CFR part 1021, Appendix B, paragraph B1.29. ``Disposal facilities 
for construction and demolition waste. Siting, construction, expansion, 
modification, operation, and decommissioning of small (less than 
approximately 10 acres) solid waste disposal facilities for 
construction and demolition waste, in accordance with applicable 
requirements (such as 40 CFR part 257, Criteria for Classification of 
Solid Waste Disposal Facilities and Practices,'' and 40 CFR part 61, 
``National Emission Standards for Hazardous Air Pollutants'') that 
would not release substances at a level, or in a form, that could pose 
a threat to public health or the environment.''
    DHS intends to use this CE for activities described in the CE. For 
example, this CE may be used to support post-disaster operations by 
FEMA and the post-disaster construction of new solid waste facilities 
that must be established to handle disaster-related debris.
    DOE NEPA Implementing Procedures, Appendix B, paragraph B1.33 and 
10 CFR part 1021, Appendix B, paragraph 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).''
    This CE would support stormwater control projects. These activities 
are constrained to stream and pond construction and maintenance under 
existing DHS CEs. The CE would allow DHS to expand these projects into 
stormwater and natural hydrology projects.
    DOE NEPA Implementing Procedures, Appendix B, paragraph B1.35 and 
10 CFR part 1021, Appendix B, paragraph B1.35. ``Drop-off, collection, 
and transfer facilities for recyclable materials. Siting, construction, 
modification, and operation of recycling or compostable material drop-
off, collection, and transfer stations on or contiguous to a previously 
disturbed or developed area and in an area where such a facility would 
be consistent with existing zoning requirements. The stations would 
have appropriate facilities and procedures established in accordance 
with applicable requirements for the handling of recyclable or 
compostable materials and household hazardous waste (such as paint and 
pesticides). Except as specified above, the collection of hazardous 
waste for disposal and the processing of recyclable or compostable 
materials are not included in this class of actions.''
    DHS intends to use this CE for activities described in the CE. For 
example, this CE would support post-disaster operations by FEMA and the 
construction of post-disaster collection and transfer of recyclable 
materials when handling disaster-related debris.
    DOE NEPA Implementing Procedures, Appendix B, paragraph B3.9 and 10 
CFR part 1021, Appendix B, paragraph B3.9. ``Projects to reduce 
emissions and waste generation. Projects to reduce emissions and waste 
generation at existing fossil or alternative fuel combustion or 
utilization facilities, provided that these projects would not have the 
potential to cause a significant increase in the quantity or rate of 
air emissions. For this category of actions, ``fuel'' includes, but is 
not limited to, coal, oil, natural gas, hydrogen, syngas, and biomass; 
but ``fuel'' does not include nuclear fuel. Covered actions include, 
but are not limited to:
    (a) Test treatment of the throughput product (solid, liquid, or 
gas) generated at an existing and fully operational fuel combustion or 
utilization facility;
    (b) Addition or replacement of equipment for reduction or control 
of sulfur dioxide, oxides of nitrogen, or other regulated substances 
that requires only minor modification to the existing structures at an 
existing fuel combustion or utilization facility, for which the 
existing use remains essentially unchanged;
    (c) Addition or replacement of equipment for reduction or control 
of sulfur dioxide, oxides of nitrogen, or other regulated substances 
that involves no permanent change in the quantity or quality of fuel 
burned or used and involves no permanent change in the capacity factor 
of the fuel combustion or utilization facility; and
    (d) Addition or modification of equipment for capture and control 
of carbon dioxide or other regulated substances, provided that adequate 
infrastructure is in place to manage such substances.''
    DHS intends to use this CE to cover projects described in the CE. 
For example, this CE may be used for hazard mitigation projects 
completed by FEMA that entail these activities or FEMA energy projects 
that incorporate these types of activities in restoration or mitigation 
activities.
    DOE NEPA Implementing Procedures, Appendix B, paragraph B5.4 and 10 
CFR part 1021, Appendix B, paragraph B5.4. ``Repair or replacement of 
pipelines. 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). Pipelines may convey materials including, but not limited to, 
air, brine, carbon dioxide, geothermal system fluids, hydrogen gas, 
natural gas, nitrogen gas, oil, produced water, steam, and water.''
    DHS intends to use this CE to support pipeline upgrades and 
relocation. These activities are commonly funded by FEMA but currently 
have a 1-acre constraint under existing DHS CEs. The CE would allow DHS 
to expand current allowable acreage limitations.
    DOE NEPA Implementing Procedures, Appendix B, paragraph B5.5 and 10 
CFR part 1021, Appendix B, paragraph B5.5. ``Short pipeline segments. 
Construction and subsequent operation of short (generally less than 20 
miles in length) pipeline segments conveying materials (such as air, 
brine, carbon dioxide, geothermal system fluids, hydrogen gas, natural 
gas, nitrogen gas, oil, produced water, steam, and water) between 
existing source facilities and existing receiving facilities (such as 
facilities for use, reuse, transportation, storage, and refining), 
provided that the pipeline

[[Page 55109]]

segments are within previously disturbed or developed rights-of-way.''
    DHS intends to use this CE to new pipeline construction projects. 
These activities are commonly funded by FEMA but currently have a 1-
acre constraint under existing DHS CEs. The CE would allow DHS to 
expand current allowable acreage limitations.
    DOE NEPA Implementing Procedures, Appendix B, paragraph B5.18 and 
10 CFR part 1021, Appendix B, paragraph B5.18. ``Wind turbines. The 
installation, modification, operation, and removal of a small number 
(generally not more than 2) of commercially available wind turbines, 
with a total height generally less than 200 feet (measured from the 
ground to the maximum height of blade rotation) that (1) Are located 
within a previously disturbed or developed area; (2) are located more 
than 10 nautical miles (about 11.5 miles) from an airport or aviation 
navigation aid; (3) are located more than 1.5 nautical miles (about 1.7 
miles) from National Weather Service or Federal Aviation Administration 
Doppler weather radar; (4) would not have the potential to cause 
significant impacts on bird or bat populations; and (5) are sited or 
designed such that the project would not have the potential to cause 
significant impacts to persons (such as from shadow flicker and other 
visual effects, and noise). Covered actions would be 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. Covered 
actions include only those related to wind turbines to be installed on 
land.''
    DHS intends to use this CE to new construction and repair of these 
projects, which may be requested as part of disaster repairs or 
mitigation to power systems. DHS currently has no CEs for wind turbine 
projects.
    DOE NEPA Implementing Procedures, Appendix B, paragraph B5.20 and 
10 CFR part 1021, Appendix B, paragraph B5.20. ``The installation, 
modification, operation, and removal of small-scale biomass power 
plants (generally less than 10 megawatts), using commercially available 
technology (1) Intended primarily to support operations in single 
facilities (such as a school and community center) or contiguous 
facilities (such as an office complex); (2) that would not affect the 
air quality attainment status of the area and would not have the 
potential to cause a significant increase in the quantity or rate of 
air emissions and would not have the potential to cause significant 
impacts to water resources; and (3) would be located within a 
previously disturbed or developed area. Covered actions would be 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.''
    DHS intends to use this CE to new construction and repair of these 
projects, which may be requested as part of FEMA disaster repairs or 
mitigation to power systems. DHS currently has no CEs for biomass 
projects.
    DOE NEPA Implementing Procedures, Appendix B, paragraph B5.24 and 
10 CFR part 1021, Appendix B, paragraph B5.24. ``Drop-in hydroelectric 
systems. The installation, modification, operation, and removal of 
commercially available small-scale, drop-in, run-of-the-river 
hydroelectric systems that would (1) Involve no water storage or water 
diversion from the stream or river channel where the system is 
installed and (2) not have the potential to cause significant impacts 
on water quality, temperature, flow, or volume. Covered systems would 
be located up-gradient of an existing anadromous fish barrier that is 
not planned for removal and where fish passage retrofit is not planned 
and where there would not be the potential for significant impacts to 
threatened or endangered species or other species of concern (as 
identified in B(4)(ii) of this appendix). Covered actions would involve 
no major construction or modification of stream or river channels, and 
the hydroelectric systems would be placed and secured in the channel 
without the use of heavy equipment. Covered actions would be 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.''
    In adopting this CE, DHS will make an administrative change to 
remove ``of this appendix'' from the text of the B5.24 and replace with 
``of Appendix B in the DOE NEPA Implementing Procedures and in Appendix 
B of 10 CFR part 1021'' in alignment with CEQ guidance on categorical 
exclusion adoption.
    DHS intends to use this CE to new construction and repair of these 
projects, which may be requested as part of FEMA disaster repairs or 
mitigation to power systems. DHS currently has no CEs for hydroelectric 
projects.
    Each of these DOE CEs also includes conditions referred to as 
``integral elements'' listed in Appendix B of the DOE NEPA Implementing 
Procedures and in Appendix B to 10 CFR part 1021 (DOE NEPA 
regulations). DHS will ensure consistency with these integral elements 
when applying any of the adopted DOE CEs. Additionally, DHS will 
prepare a REC when applying these DOE CEs.
    When applying these CEs, DHS will abide by the definitions 
established by DOE at DOE NEPA Implementing Procedures, Section 5.4 and 
in 10 CFR part 1021.102, paragraph (g) to ensure appropriate 
application of DOE CEs. ``Previously disturbed or developed'' is 
defined as ``land that has been changed such that its functioning 
ecological processes have been and remain altered by human activity. 
The phrase encompasses areas that have been transformed from natural 
cover to non-native species or a managed state, including, but not 
limited to, utility and electric power transmission corridors and 
rights-of-way, and other areas where active utilities and currently 
used roads are readily available'' (DOE NEPA Implementing Procedures, 
Section 5.4(b)(1) and 10 CFR part 1021.102, paragraph (g)(1)). 
Additionally, ``small'' and ``small scale'' would refer to the

context of the particular proposal, including its proposed location. 
In assessing whether a proposed action is small, in addition to the 
actual magnitude of the proposal, DOE considers factors such as 
industry norms, the relationship of the proposed action to similar 
types of development in the vicinity of the proposed action and 
expected outputs of emissions or waste. When considering the 
physical size of a proposed facility, for example, DOE would review 
the surrounding land uses, the scale of the proposed facility 
relative to existing development, and the capacity of existing roads 
and other infrastructure to support the proposed action.

    DOE NEPA Implementing Procedures, Section 5.4(b)(2) and in 10 CFR 
part 1021.102, paragraph (g)(2).

IHS Categorical Exclusion for Adoption

    DHS has identified Federal Register Notice, National Environmental 
Policy Act; Categorical Exclusions (58 FR 569), C. ``Pesticides. 
Application of pesticides which are not classified for restricted use 
under provisions of the Federal Insecticide, Fungicide and Rodenticide 
Act when used for routine pest control purposes.''
    DHS will use this CE to cover the application of pesticides. The 
application of pesticides can be currently covered under DHS CEs. 
However, this CE provides more specific language for pesticide 
applications than existing CEs.

[[Page 55110]]

FHWA Categorical Exclusions for Adoption

    DHS has identified 23 CFR 771.117(c)(6). ``The installation of 
noise barriers or alterations to existing publicly owned buildings to 
provide for noise reduction.''
    DHS intends to use this CE category for the installation of noise 
barriers for transportation improvement projects. This CE category will 
only be used for road-related noise abatement.
    23 CFR 771.117(c)(24). ``Localized geotechnical and other 
investigation to provide information for preliminary design and for 
environmental analyses and permitting purposes, such as drilling test 
bores for soil sampling; archeological investigations for archeology 
resources assessment or similar survey; and wetland surveys.''
    DHS would use this CE category to cover environmental studies and 
investigations as needed. For example, Phase I environmental site 
assessments completed for FEMA mitigation projects may require 
localized investigation. DHS has existing CEs that cover formation 
gathering, data analysis and processing, information dissemination, 
review, interpretation, and development of documents. This CE category 
will expand upon existing DHS CEs to cover in-depth environmental 
studies and investigations.

DA Categorical Exclusion for Adoption

    DHS has identified Department of War National Environmental Policy 
Act Implementing Procedures, Appendix A, section I, DoW A10-10. 
``Approval of asbestos or lead-based paint management plans drafted in 
accordance with applicable laws and regulations (REC required).''
    DHS intends to use this CE to approve asbestos and lead-based paint 
management plans. DHS currently does not have a CE that covers asbestos 
and lead-based paint management plans. As noted in the CE, application 
of the CE will require preparation of a REC.

DON Categorical Exclusion for Adoption

    DHS has identified Department of War National Environmental Policy 
Act Implementing Procedures, Appendix A, section III, A134-14. 
``Alterations of and additions to existing buildings, facilities, and 
systems (e.g., structures, roads, runways, vessels, aircraft, or 
equipment) when the environmental effects will remain substantially the 
same and the use is consistent with applicable regulations.''
    DHS intends to use this CE for projects involving alterations and 
additions, such as those completed by disaster recovery and mitigation 
projects. This CE expands upon existing DHS CEs to include alterations. 
Additionally, while these activities are regularly completed by FEMA, 
DHS CEs are limited to activities outside the V zone, a Coastal High 
Hazard Area. This CE would cover alterations and additions of existing 
buildings, facilities, and systems for FEMA projects within the V zone, 
which can typically include repairs to roads, utilities, or structures 
maintained by public organizations and non-profits. Actions within the 
V zone would also be subject to E.O. 11988 for Floodplain Management 
and FEMA Implementing Regulations, Floodplain Management and Protection 
at 44 CFR part 9.

USACE Categorial Exclusions for Adoption

    DHS has identified Department of War National Environmental Policy 
Act Implementing Procedures, Appendix A, section VIII, A263-1. 
``Activities at completed Corps projects which carry out the authorized 
project purposes. Examples include routine operation and maintenance 
actions, general administration, equipment purchases, custodial 
actions, erosion control, painting, repair, rehabilitation, replacement 
of existing structures and facilities such as buildings, roads, levees, 
groins and utilities, and installation of new buildings utilities, or 
roadways in developed areas.''
    DHS would utilize this CE to cover repairs of USACE-constructed 
projects under the authority of state or local governments. For 
example, FEMA may complete post-disaster repair and replacement of 
USACE-constructed projects eligible for FEMA assistance.

TVA Categorical Exclusions for Adoption

    DHS has identified 18 CFR Appendix A to Subpart C of Part 1318(29). 
``Actions to restore and enhance wetlands, riparian, and aquatic 
ecosystems that generally involve physical disturbance of no more than 
10 acres, including, but not limited to, construction of small water 
control structures; revegetation actions using native materials; 
construction of small berms, dikes, and fish attractors; removal of 
debris and sediment following natural or human-caused disturbance 
events; installation of silt fences; construction of limited access 
routes for purposes of routine maintenance and management; and 
reintroduction or supplementation of native, formerly native, or 
established species into suitable habitat within their historic or 
established range.''
    DHS intends on using this CE to cover mitigation projects, such as 
those completed by FEMA, that restore wetlands and mitigate flood 
hazards. DHS application of this CE will require preparation of a REC.

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.
    When applying DOE CEs, DHS will evaluate the proposed action to 
ensure evaluation of ``Integral Elements'' listed at DOE NEPA 
Implementing Procedures, Appendix B and in the DOE NEPA regulations at 
Appendix B to 10 CFR part 1021. In addition, in considering 
extraordinary circumstances, DHS will consider whether the proposed 
action has the potential to result in significant effects as described 
in DOE's extraordinary circumstances listed at DOE NEPA Implementing 
Procedures, Section 5.4 and in 10 CFR part 1021.102, paragraph (b)(2). 
DOE defines extraordinary circumstances as ``unique situations 
presented by specific proposals, including, but not limited to, 
uncertain effects or effects involving unique or unknown risks.'' (DOE 
NEPA Implementing Procedures, Section 5.4(C)(3)) and 10 CFR part 
1021.102, paragraph (b)(2). Consistent with DHS Instruction Manual 023-
01-001-01, Implementing the National Environmental Policy Act (DHS 
Instruction Manual), DHS will document each application of the above-
listed CEs and its consideration of

[[Page 55111]]

extraordinary circumstances within the DHS Environmental Planning and 
Historic Preservation Decision Support System or alternate system 
approved by DHS.
    When applying NRCS CEs, DHS will evaluate the proposed action to 
ensure evaluation of NRCS ``Conservation Practice Standards'' listed at 
23 CFR 771.117 paragraphs (b). Consistent with the DHS NEPA Instruction 
Manual, DHS will document each application of NRCS CEs and their 
consistency with NRCS Conservation Practice Standards in the DHS 
Environmental Planning and Historic Preservation Decision Support 
System or alternate system approved by DHS.
    DHS's list of extraordinary circumstances is comparable to those of 
NRCS, RD, and USFS, found at 7 CFR Subtitle A Part 1b.3(f); NTIA found 
at Guidance on NTIA National Environmental Policy Act Compliance, 
Appendix C; IHS found at 58 FR 569; FHWA ``unusual circumstances'' 
found at 23 CFR 771.117 paragraphs (b); DA, DON, and USACE found at 
Department of War National Environmental Policy Act Implementing 
Procedures, Part 1.4; and TVA, found at 18 CFR, Subpart C Section 
1318.201.
    DHS's list of extraordinary circumstances is comparable to those of 
the FirstNet Authority, found at First Responder Network Authority 
Procedures for Implementing the National Environmental Policy Act, 
Appendix C. However, FirstNet Authority extraordinary circumstance 11, 
which provides EA requirements for new antennae structures is not 
explicitly covered under in DHS extraordinary circumstances. The 
proposed adopted FirstNet Authority CE does not cover antennae 
construction and will not be used for such activities.
    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 NRCS, RD, USFS, 
FirstNet Authority, NTIA, IHS, FHWA, DA, DON, USACE, or TVA 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, the DHS Environmental Planning and Historic Preservation 
Decision Support System, or alternate system approved by DHS, will be 
utilized for application of all CE requiring preparation of REC.

IV. Consultation With Agencies and Determination of Appropriateness

    In May of 2026, DHS consulted with NRCS, RD, USFS, FirstNet 
Authority, NTIA, DOE, IHS, FHWA, DOW, DA, DON, USACE, and TVA 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 NRCS, RD, USFS, 
FirstNet Authority, NTIA, DOE, IHS, FHWA, DA, DON, USACE, and TVA 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 NRCS, RD, USFS, FirstNet Authority, NTIA, DOE, IHS, FHWA, 
DA, DON, USACE, and TVA 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 NRCS, RD, USFS, FirstNet 
Authority, NTIA, DOE, IHS, FHWA, DA, DON, USACE, and TVA 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. 2026-17364 Filed 8-25-26; 8:45 am]
BILLING CODE 9112-FF-P


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