Notice2026-17818
Notice of Adoption of Categorical Exclusion Under Section 109 of the National Environmental Policy Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 1, 2026
Effective
September 1, 2026
Issuing agencies
Defense DepartmentArmy Department
Abstract
The Department of the Army (DA) is adopting a categorical exclusion (CATEX) established by the Department of Energy (DOE) (42 United States Code (U.S.C.) 4336c). This notice identifies the types of actions to which DA will apply the CATEX, the considerations that DA will use in determining the applicability of the CATEX, and the consultation between DOE on the use of the CATEX, including screening for extraordinary circumstances that would preclude use of the CATEX.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 168 (Tuesday, September 1, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 168 (Tuesday, September 1, 2026)]
[Notices]
[Pages 56135-56137]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17818]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army
Notice of Adoption of Categorical Exclusion Under Section 109 of
the National Environmental Policy Act
AGENCY: Department of the Army, DoD.
ACTION: Notice of Adoption of Categorical Exclusion pursuant to Section
109 of the National Environmental Policy Act of 1969, 42 U.S.C. 4336c.
-----------------------------------------------------------------------
SUMMARY: The Department of the Army (DA) is adopting a categorical
exclusion (CATEX) established by the Department of Energy (DOE) (42
United States Code (U.S.C.) 4336c). This notice identifies the types of
actions to which DA will apply the CATEX, the considerations that DA
will use in determining the applicability of the CATEX, and the
consultation between DOE on the use of the CATEX, including screening
for extraordinary circumstances that would preclude use of the CATEX.
DATES: The adoption is effective September 1, 2026 and is available for
DA use effective immediately.
FOR FURTHER INFORMATION CONTACT: Dr. David Guldenzopf, Director for
Environmental Compliance, Office of
[[Page 56136]]
the Assistant Secretary of the Army for Installations, Energy and
Environment, (571) 256-7822, <a href="/cdn-cgi/l/email-protection#1175706778753f733f76647d75747f6b7e61773f7278675170637c683f7c787d"><span class="__cf_email__" data-cfemail="1f7b7e69767b317d31786a737b7a7165706f79317c76695f7e6d726631727673">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Congress enacted the National Environmental Policy Act of 1969, 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.
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 adverse
effect. DA considers extraordinary circumstances pursuant to Department
of War DoW NEPA Implementing Procedures dated 30 April 2026 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 proposed action to avoid or
otherwise mitigate significant effects. 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, 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 CATEX 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).
This notice documents the DA's adoption of one DOE CATEX for DA use
and provides public notice of the adoption. The DA NEPA procedures are
contained within DoW NEPA Implementing Procedures dated 30 April 2026.
The DoW NEPA Implementing Procedures include a list of categorical
exclusions available to all DoW Components. After adoption of any
CATEX, including this CATEX, it would be available to all DoW
Components.
II. DOE Categorical Exclusion
DA is adopting the following DOE CATEX:
DOE CATEX B5.26: Advanced Nuclear Reactors.
Authorization, siting, construction, operation, reauthorization,
and decommissioning of advanced nuclear reactors, provided DOE
determines that:
(1) the project's attributes, including potential fission product
inventory, fuel type, reactor design, and operational plans, reduce
sufficiently the risk of adverse offsite consequences from the release
of radioactive or hazardous materials, and
(2) the project demonstrates that any hazardous waste, radioactive
waste, or spent nuclear fuel generated by the project can be managed in
accordance with applicable requirements.
For the purposes of this category, a project may include multiple
reactors within a nuclear facility. This CATEX is listed in DOE's NEPA
Implementing Procedures, Appendix B, available at <a href="https://energy.gov/nepa">https://energy.gov/nepa</a>.
III. DA's Use of Adopted CATEX
DA expects to use the listed CATEX for authorization of the
construction and operation of advanced reactors on Army installations
that would enhance mission capabilities and effectiveness, improve
safety, and increase operational efficiencies. DA has identified
multiple Army installations as potential locations for deployments of
microreactor nuclear power plants (MNPs) for installation energy. This
CATEX would allow DA to execute construction and operation of MNPs on
Army installations. DA's use of this DOE CATEX would not be limited to
this example and could be used in other circumstances for which its use
is appropriate.
IV. Consideration of Extraordinary Circumstances and Applicable
Criteria
The DoW's NEPA Implementing Procedures guides its consideration of
extraordinary circumstances. Further, DA will apply the originating
agency's extraordinary circumstances as described in DOE's
extraordinary circumstances listed at DOE NEPA Implementing Procedures,
Section 5.4(c)(3). If an extraordinary circumstance is present, the DA
will determine whether it is possible to modify the action to avoid
significant adverse effects. If the action cannot be modified, DA will
consider whether the application of the CATEX is still appropriate
notwithstanding the presence of extraordinary circumstances, because
even with the extraordinary circumstance, the proposed action does not
have the potential to result in significant impacts. If DA determines
that it cannot apply a CATEX to the proposed action, a particular
proposed action due to extraordinary circumstances, DA will prepare an
EA or EIS, consistent with DoW NEPA Implementing Procedures dated 30
April 2026 Part 1.4 Categorical exclusions.
Additionally, when applying this CATEX, DA will evaluate the
proposed action to ensure consideration of
[[Page 56137]]
``Integral Elements'' described in Appendix B of DOE's NEPA
Implementing Procedures. DA will document each application of the
above-listed CATEX and its consideration of extraordinary circumstances
and integral elements within a Record of Environmental Consideration
(REC).
V. Consultation With Establishing Agencies and Determination of
Appropriateness
DA worked with DOE to identify the CATEX that could apply to DA
proposed actions and consulted with DOE representatives on 29 July
2026. During the consultation, the agencies discussed whether the
categories of DA proposed actions would be appropriately covered by the
CATEX; the extraordinary circumstances that DA should consider before
applying this CATEX to DA's proposed actions; the requirement to
evaluate conditions listed as integral elements in DOE's NEPA
Implementing Procedures; and what documentation DA should complete when
applying this CATEX. The agencies also considered past use of the CATEX
by DOE. At the conclusion of that process, the agencies determined that
DA's proposed use of the CATEX as described in this notice would be
appropriate.
VI. Notice to the Public and Documentation of Adoption
This notice serves to identify to the public the CATEX DA plans to
use for its proposed actions, subject to the limitations described
above (42 U.S.C. 4336c(3) and document DA's adoption of the CATEX
listed in Section II in accordance with 42 U.S.C. 4336c(4), and
identifies the types of actions to which DA contemplates applying the
CATEX to at this time. In adopting this categorical exclusion, DA will
make an administrative change to remove ``DOE'' from the categorical
exclusion text, in alignment with recent Council on Environmental
Quality (CEQ) guidance on categorical exclusions \1\. Upon issuance of
this notice, the adopted CATEX is available for use by DA, effective
immediately.
---------------------------------------------------------------------------
\1\ CEQ's April 2026 guidance on ``Establishing, Revising,
Adopting, and Applying Categorical Exclusions Under the National
Environmental Policy Act'' provides for non-substantive changes when
adopting another agency's categorical exclusion. Specifically, CEQ
guidance states: ``[i]f an agency needs to clarify that an adopted
categorical exclusion applies to its proposed action despite non-
substantive language in the categorical exclusion referencing the
establishing agency, it may explain this in the public notice
adopting the categorical exclusion.''
James W. Satterwhite Jr.,
Army Federal Register Liaison Officer.
[FR Doc. 2026-17818 Filed 8-31-26; 8:45 am]
BILLING CODE 3711-CC-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 1, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.