United States Department of Transportation
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Abstract:Section 102(2)(C) of the National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4347, requires Federal agencies to prepare for every major Federal action significantly affecting the quality of the environment a detailed statement of the environmental impacts of the proposal. The Council on Environmental Quality (CEQ) NEPA implementing regulations require each Federal agency to identify in their NEPA procedures a list of actions that do not individually or cumulatively have significant environmental effects, and to provide for extraordinary circumstances in which a normally excluded action may have a significant environmental effect (40 CFR 1507.3(b)(2)(ii), 40 CFR 1508.4). The Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) have issued a joint NEPA implementing procedures at 23 CFR Part 771 that includes a list of categorical exclusions (CEs) at 23 CFR 771.117. The FHWA and FTA regulations designate two general types of CEs – (1) those actions that only need a record in the project file that confirms the action fits the CE description and normally do not require additional approval by the FHWA or FTA (designated in 23 CFR 771.117(c) and referred to as “c-list” or “listed CEs”), and (2) those additional actions that require the FHWA or FTA approval, as applicable, after consideration of documentation demonstrating that CE criteria are satisfied and significant environmental effects will not result from the action (designated in 23 CFR 771.117(d) and referred to as “d-list” or “documented CEs”)
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