ACHP Adopts NEPA Categorical Exclusion

The ACHP updated its website to include information and materials related to its compliance with the National Environmental Policy Act (NEPA). Check it out here.

Under section 109 of the National Environmental Policy Act (NEPA), 42 U.S.C. § 4336c, the ACHP may adopt a categorical exclusion (CE) listed in another federal agency's NEPA procedures. A CE is a category of actions that the agency has determined normally does not significantly affect the quality of the human environment, and, therefore, does not require preparation of an environmental assessment (EA) or an environmental impact statement (EIS).

On September 18, 2026, the ACHP adopted a CE established by the Department of the Interior (DOI) at 43 CFR § 46.210(i) for policies, directives, regulations, and guidelines.

Prior to using this CE to cover a proposed action, the ACHP will apply the extraordinary circumstances listed in the DOI's regulations at 43 CFR § 46.215 to evaluate whether the proposed action has the potential to result in reasonably foreseeable significant effects. If the proposed action has the potential to result in reasonably foreseeable effects, the ACHP will instead prepare an EA or EIS.

For more information on the ACHP's adoption of the CE, please visit this link.