[Federal Register Volume 91, Number 70 (Monday, April 13, 2026)]
[Notices]
[Page 18836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-07115]


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COUNCIL ON ENVIRONMENTAL QUALITY


Implementation of the National Environmental Policy Act Guidance

AGENCY: Council on Environmental Quality.

ACTION: Notice of Availability.

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SUMMARY: On April 9, 2026, the Council on Environmental Quality (CEQ) 
issued a memorandum to the heads of Federal departments and agencies 
(agencies) on establishing, revising, adopting, and applying 
categorical exclusions under the National Environmental Policy Act 
(NEPA). This guidance replaces initial guidance on the same subject 
issued on December 6, 2010.

DATES: This guidance was issued on April 9, 2026.

FOR FURTHER INFORMATION CONTACT: Jomar Maldonado, Director for NEPA, 
202-395-5750, [email protected]. The guidance is 
available for viewing online at www.nepa.gov.

SUPPLEMENTARY INFORMATION: 
    On April XX, 2026, CEQ issued a memorandum entitled Establishing, 
Revising, Adopting, and Applying Categorical Exclusions Under the 
National Environmental Policy Act to provide guidance to Federal 
agencies regarding categorical exclusions. This guidance replaces 
guidance issued on December 6, 2010, entitled Establishing, Applying, 
and Revising Categorical Exclusions under the National Environmental 
Policy Act, which CEQ published at www.nepa.gov and reproduced in a 
Federal Register notice (75 FR 75628 (Dec. 6, 2010)). The 2010 Guidance 
is now rescinded.
    Since CEQ issued the 2010 Guidance, Congress revised NEPA to (1) 
include, for the first time, a definition of ``categorical exclusion,'' 
and (2) establish a process by which an agency may adopt and use a 
categorical exclusion listed in another agency's NEPA implementing 
procedures. 42 U.S.C. 4336e(1), 4336c. In addition, the 2010 Guidance 
was issued pursuant to and based on CEQ's 1978 NEPA implementing 
regulations. CEQ has rescinded all iterations of its NEPA implementing 
regulations effective April 11, 2025. See Removal of National 
Environmental Policy Act Implementing Regulations, 90 FR 10610 (Feb. 
25, 2025) (interim final rule); 91 FR 618 (Jan. 8, 2026) (final rule). 
Therefore, it is appropriate for CEQ to issue revised guidance at this 
time.
    CEQ has long emphasized the importance of categorical exclusions as 
a core feature of NEPA practice to facilitate efficient and effective 
reviews in accordance with Congress's intent. Congress also recognizes 
that categorical exclusions are a form of review that agencies use to 
comply with NEPA for proposed actions that normally do not 
significantly affect the quality of the human environment. By 
identifying categorical exclusions as a threshold consideration for 
whether an EA or EIS is required, Congress has expressly directed 
agencies to consider which categories of actions they perform 
``normally'' do not have significant effects. For these reasons, 
agencies should establish categorical exclusions to cover such 
categories of actions, adopt other agencies' categorical exclusions 
where appropriate, and in all instances consider whether a proposed 
action is excluded pursuant to a categorical exclusion before beginning 
to develop an EA or EIS for that proposed action. See 42 U.S.C. 
4336e(1), 4336c, 4336(a)(2), (b)(2).
    The contents of the guidance do not have the force and effect of 
law and are not meant to create legal rights or obligations to any 
public party. The guidance does not establish new policy requirements. 
The guidance is intended only to provide clarity to the agencies 
regarding existing requirements under the law or agency policies. CEQ 
developed this guidance to expedite and simplify the permitting process 
and promote consistency as to NEPA's implementation consistent with 42 
U.S.C. 4332(2)(B) and Section 5 of Executive Order 14154, Unleashing 
American Energy (90 FR 8353, Jan. 20, 2025).
    The guidance is available at www.nepa.gov.

Katherine R. Scarlett,
Chairman.
[FR Doc. 2026-07115 Filed 4-10-26; 8:45 am]
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