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    Environmental Program
 
Branch of Environmental Assessment (BEA)

Criteria for Determining Whether an Environmental Assessment is Required for a Categorically Excluded Action: Extraordinary Circumstances

We evaluate a categorically excluded activity to determine whether it may meet any of the Extraordinary Circumstances listed below and those listed in the Departmental Manual (43 CFR § 46.215). An EA must be prepared for any categorically excluded action which may:

bullet Have significant adverse effects on public health or safety.
 
bullet Have significant impacts on such natural resources and unique geographic characteristics as historic or cultural resources; park, recreation or refuge lands; wilderness areas; wild or scenic rivers; national natural landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands (EO 11990); floodplains (EO 11988); national monuments; migratory birds; and other ecologically significant or critical areas.
 
bullet Have highly controversial environmental effects or involve unresolved conflicts concerning alternative uses of available resources [NEPA section Title I 102 (2)(E)].
 
bullet Have highly uncertain and potentially significant environmental effects or involve unique or unknown environmental risks
 
bullet Establish a precedent for future action or represent a decision in principle about future actions with potentially significant environmental effects.
 
bullet Have a direct relationship to other actions with individually insignificant but cumulatively significant environmental effects.
 
bullet Have significant impacts on properties listed, or eligible for listing, on the National Register of Historic Places as determined by the bureau.
 
bullet Have significant impacts on species listed, or proposed to be listed, on the List of Endangered or Threatened Species or have significant impacts on designated Critical Habitat for these species
 
bullet Violate a Federal law, or a State, local, or tribal law or requirement imposed for the protection of the environment.
 
bullet Have a disproportionately high and adverse effect on low income or minority populations (EO 12898).
 
bullet Limit access to and ceremonial use of Indian sacred sites on Federal lands by Indian religious practitioners or significantly adversely affect the physical integrity of such sacred sites (EO 13007).
 
bullet Contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasive species known to occur in the area or actions that may promote the introduction, growth, or expansion of the range of such species (Federal Noxious Weed Control Act and EO 13112).

Last Updated: 10/13/2010, 01:40 PM Central Time