42 U.S.C. § 4336c — Adoption of categorical exclusions

An agency may 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 consistent with this paragraph. The agency shall— (1) identify the categorical exclusion listed in another agency’s NEPA procedures that covers a category of proposed actions or related actions; (2) consult with the agency that established the categorical exclusion 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 agency plans to use for its proposed actions; and (4) document adoption of the categorical exclusion . ( Pub. L. 91–190, title I, § 109 , as added Pub. L. 118–5, div. C, title III, § 321(b) , June 3, 2023 , 137 Stat. 43 .)

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