Notice2026-19206
Adoption of Categorical Exclusion Pursuant to the National Environmental Policy Act
Primary source
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Published
September 18, 2026
Effective
September 18, 2026
Issuing agencies
Advisory Council on Historic Preservation
Abstract
The Advisory Council on Historic Preservation (ACHP) is notifying the public and documenting its adoption of the Department of the Interior (DOI) categorical exclusion (CE) for policies, directives, regulations, and guidelines, under section 109 of the National Environmental Policy Act (NEPA). This notice identifies the types of actions to which the ACHP will apply the CE, the considerations that the ACHP will use in determining the applicability of the CE, and the consultation between the agencies on the use of the CE, including application of extraordinary circumstance.
Full Text
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<title>Federal Register, Volume 91 Issue 180 (Friday, September 18, 2026)</title>
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[Federal Register Volume 91, Number 180 (Friday, September 18, 2026)]
[Notices]
[Pages 59151-59153]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19206]
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ADVISORY COUNCIL ON HISTORIC PRESERVATION
Adoption of Categorical Exclusion Pursuant to the National
Environmental Policy Act
AGENCY: Advisory Council on Historic Preservation.
ACTION: Notice.
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SUMMARY: The Advisory Council on Historic Preservation (ACHP) is
notifying the public and documenting
[[Page 59152]]
its adoption of the Department of the Interior (DOI) categorical
exclusion (CE) for policies, directives, regulations, and guidelines,
under section 109 of the National Environmental Policy Act (NEPA). This
notice identifies the types of actions to which the ACHP will apply the
CE, the considerations that the ACHP will use in determining the
applicability of the CE, and the consultation between the agencies on
the use of the CE, including application of extraordinary circumstance.
DATES: The adoption is effective on September 18, 2026.
FOR FURTHER INFORMATION CONTACT: Kelly Fanizzo, General Counsel,
Advisory Council on Historic Preservation, (202) 517-0193,
<a href="/cdn-cgi/l/email-protection#aac1cccbc4c3d0d0c5eacbc9c2da84cdc5dc"><span class="__cf_email__" data-cfemail="a7ccc1c6c9ceddddc8e7c6c4cfd789c0c8d1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The National Environmental Policy Act, 42 U.S.C. 4321-4347 (NEPA),
requires all Federal agencies to consider the environmental impacts of
their proposed actions before deciding whether and how to proceed. 42
U.S.C. 4321, 4332. 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 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.
Under NEPA, a Federal agency may establish categorical exclusions
(CE)--categories of actions that the agency has determined normally do
not significantly affect the quality of the human environment,
individually or in the aggregate, and, therefore, do not require
preparation of an environmental assessment (EA) or an environmental
impact statement (EIS)--in its agency NEPA procedures. 42 U.S.C.
4336e(1). If an agency determines that a CE covers a proposed action,
the agency then evaluates the proposed action for any extraordinary
circumstances in which a normally excluded action may have a
significant effect. If no extraordinary circumstances are present, 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 extraordinary
circumstances are present, and the proposed action has 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, provides that an agency may
adopt a CE listed in another agency's NEPA procedures for a category of
proposed agency actions. To adopt another agency's CE, the adopting
agency must (1) identify the CE listed in the other agency's
(``establishing agency'') NEPA procedures that covers a category of
proposed actions or related actions, (2) consult with the establishing
agency to ensure the proposed adoption of the CE for a category of
proposed actions is appropriate, (3) identify to the public the CE the
agency plans to use for its proposed actions, and (4) document adoption
of the CE. 42 U.S.C. 4336c.
The ACHP does not have any agency-specific NEPA regulations or
procedures. The ACHP will maintain a list of CEs available to the ACHP
at <a href="http://www.achp.gov/ACHP_NEPA_Compliance">www.achp.gov/ACHP_NEPA_Compliance</a>.
II. Identification of the Categorical Exclusion
The ACHP has identified the following CE established by the DOI at
43 CFR 46.210(i) for adoption.
Policies, directives, regulations, and guidelines: that are of an
administrative, financial, legal, technical, or procedural nature; or
whose environmental effects are too broad, speculative, or conjectural
to lend themselves to meaningful analysis and will later be subject to
the NEPA process, either collectively or case-by-case.
The ACHP intends to use this CE to cover its promulgation of
policies, directives, regulations, and guidelines as described in the
CE.
III. Consideration of Extraordinary Circumstances
The ACHP does not have an agency-specific list of extraordinary
circumstances. To ensure the ACHP's application of the CE is consistent
with how the DOI applies the CE, the ACHP will evaluate proposed
actions for whether there are any extraordinary circumstances using the
DOI's list of extraordinary circumstances at 43 CFR 46.215. The DOI's
list of extraordinary circumstances include, in part, consideration of
impacts on public health and safety; natural resources; unique
geographic characteristics; historic or cultural resources; park,
recreation, or refuge lands; wilderness areas; wild or scenic rivers;
national natural landmarks; sole or principal drinking water aquifers;
prime farmlands; wetlands; floodplains; national monuments; migratory
birds; other ecologically significant or critical areas; unresolved
conflicts concerning alternative uses of available resources; unique or
unknown environmental risks; precedent for future decision-making;
historic properties; listed species or critical habitat; access by
Indian religious practitioners to, and for ceremonial use of, Indian
sacred sites and the physical integrity of those sites; and
contribution to the introduction, continued existence, or spread of
invasive weeds or non-native invasive species. The responsible official
will assess whether an extraordinary circumstance is present. If the
responsible official cannot rely on the CE to support a decision to
authorize or take a particular proposed action due to extraordinary
circumstances, the responsible official will prepare an EA or EIS
before doing so.
IV. Consultation With Department of the Interior
In July 2026, the ACHP consulted with the DOI on the
appropriateness of the ACHP's adoption of the CE. The consultation
included a review of the DOI's experience in establishing and applying
the CE, as well as the ACHP's intended uses for the CE. Based on the
consultation, the ACHP has determined that the types of actions the
ACHP proposes to authorize are substantially similar to the actions for
which the DOI has applied the CE. Accordingly, the impacts of the
ACHP's actions would be substantially similar to the impacts of the
DOI's actions, which are not significant, absent the existence of
extraordinary circumstances. Therefore, the ACHP has determined that
its adoption of the CE, as described within this notice, is
appropriate.
V. Notice to the Public and Documentation of Adoption
This notice identifies to the public and documents the ACHP's
adoption of the DOI CE at 43 CFR 46.210(i) for the promulgation of
policies, directives, regulations, and guidelines as described in the
CE. The notice identifies the category of actions to which the ACHP
would apply the CE, as well as the considerations that the ACHP would
use in determining whether an action is within the scope of the CE.
Documentation of the adoption will also be available at <a href="http://www.achp.gov/ACHP_NEPA_Compliance">www.achp.gov/ACHP_NEPA_Compliance</a>. The CE is available for use by the ACHP,
effective immediately.
[[Page 59153]]
Dated: September 16, 2026.
Reid Nelson,
Executive Director.
[FR Doc. 2026-19206 Filed 9-17-26; 8:45 am]
BILLING CODE 4310-K6-P
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