Title 42, The Public Health and WelfareRelease 119-102
§4336c Adoption of Categorical Exclusions
Title 42 › CHAPTER 55 — NATIONAL ENVIRONMENTAL POLICY › SUBCHAPTER I — POLICIES AND GOALS › § 4336c
Summary
An agency may adopt a categorical exclusion from another agency’s NEPA rules for similar actions, but it must identify which exclusion, consult the agency that made it, tell the public, and document the adoption.
Full Legal Text
Title 42, §4336c
The Public Health and Welfare, Source: USLM XML via OLRC
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.
Reference
Citations & Metadata
Citation
42 U.S.C. § 4336c
Title 42, The Public Health and Welfare
Last Updated
Aug 21, 2026
Release point: 119-102