The National Environmental Policy Act of 1969 (NEPA) is a procedural statute that seeks to “encourage productive and enjoyable harmony” between humans and the environment. In passing the law, Congress recognized that human activity has a profound impact on the environment and emphasized the critical importance to all humankind of restoring and maintaining the quality of the environment.

NEPA requires federal agencies to complete an environmental review process before making decisions that impact the human environment. Federal agencies integrate environmental considerations into the planning of agency actions to ensure that environmental, technical, and economic considerations are weighed during decision making.

ACHP’s NEPA Procedures

On January 20, 2025, the President issued Executive Order (E.O.) 14154, Unleashing American Energy, revoking E.O. 11991, Relating to Protection and Enhancement of Environmental Quality and directing the Council on Environmental Quality (CEQ) to propose rescinding its NEPA regulations (formerly located at 40 CFR Part 1500).

In response to E.O. 14154, on February 25, 2025, CEQ issued an interim final rule to remove its existing NEPA regulations from the Code of Federal Regulations. CEQ determined that, in the absence of E.O. 11991, it was appropriate to remove CEQ’s NEPA regulations. Following a 30-day public comment period that concluded on March 27, 2025, CEQ issued a final rule addressing public comments and adopting the interim final rule, without changes. CEQ also issued memoranda, dated February 19, 2025, September 29, 2025, and January 21, 2026, providing guidance to agencies on implementing E.O. 14154 and revising existing agency NEPA procedures.

In response to the recission of the CEQ’s NEPA regulations, the ACHP issued an interim final rule, on June 5, 2026, to remove its NEPA regulations (formerly located at 36 CFR Part 805) from the Code of Federal Regulations. The ACHP determined that its existing NEPA regulations ceased to properly function in the absence of the CEQ’s NEPA regulations, which the ACHP’s NEPA regulations were intended to supplement.

The ACHP determined that, at this time, there is no need for the ACHP to maintain agency-specific NEPA regulations or procedures. In the event that the ACHP proposes a major federal action, the ACHP will follow the procedural steps set forth in the NEPA statute to carry out its environmental review.

NEPA Review

NEPA requires federal agencies to prepare an “environmental impact statement” (EIS) before initiating “major Federal actions significantly affecting the quality of the human environment" (42 U.S.C. § 4332(C)). A major federal action is defined as “an action that the agency carrying out such action determines is subject to substantial Federal control and responsibility” (42 U.S.C. § 4336e(10)(A)). In this context, the term major federal action refers not only to actions such as constructing a building or bridge, but includes project proposals, proposals for new legislation, regulations, policy statements, or expansion or revision of ongoing programs.

When an agency determines that a major federal action either does not have a reasonably foreseeable significant effect on the quality of the human environment, or the significance of such effect is unknown, the agency must prepare a concise environmental assessment (EA), unless the action is excluded from review under one of the agency’s categorical exclusions (CE) (42 U.S.C. § 4336(b)(2)). A CE is a category of actions that the agency has determined normally does not significantly affect the quality of the human environment (42 U.S.C. § 4336e(1)). 

Public Reviews

There are no draft EAs or EISs currently out for public review by the ACHP.

Future draft EAs and EISs will be published in the Federal Register and posted here for public notification and review.

Categorical Exclusions

Overview

The ACHP uses categorical exclusions (CEs) to streamline environmental reviews that normally do not have significant effects on the quality of the human environment. This facilitates efficient and effective reviews, reduces documentation, and ensures continued environmental stewardship.

What is a Categorical Exclusion?

Under NEPA, the ACHP may establish CEs for categories of actions that the agency has determined normally do not significantly affect the quality of the human environment and, therefore, do not require preparation of an environmental assessment (EA) or an environmental impact statement (EIS) (42 U.S.C. 4336e(1)).

Applying a Categorical Exclusion

If the ACHP determines that a CE covers a proposed action, it then evaluates the proposed action for any extraordinary circumstances in which a normally excluded action is likely to have a reasonably foreseeable significant effect. If no extraordinary circumstances are present, the ACHP may rely on the CE to approve the proposed action without preparing an EA or EIS (42 U.S.C. 4336(a)(2)). The ACHP will then concisely document the basis for determining that it may rely on the CE. If the extraordinary circumstances have the potential to result in significant effects, the ACHP is required to prepare an EA or EIS.

Adopting Categorical Exclusions

Section 109 of NEPA, allows the ACHP to adopt a CE listed in another federal agency’s NEPA procedures (42 U.S.C. 4336c). The ACHP’s process for adopting a CE involves identifying a CE from another federal agency and consulting with the agency that established the CE to ensure that the proposed adoption of the CE to cover a proposed action or category of proposed actions is appropriate.

Once consultation with the establishing agency is complete, the ACHP publishes a public notice in the Federal Register identifying the CE and documenting the adoption. After publication, the CE becomes available for immediate use by the ACHP.  

When evaluating whether the ACHP may rely on an adopted CE for a proposed action, the ACHP applies the extraordinary circumstances of the establishing agency. The ACHP does not maintain its own list of extraordinary circumstances that apply only to ACHP actions.

 

Full List of CEs Adopted by the ACHP

Adopted CEs will be published in the Federal Register and posted here for public notification and documentation.

Extraordinary Circumstances by Agency

The ACHP will publish the extraordinary circumstances of the establishing agency of any adopted CE here for reference.

ACHP’s NEPA Document Library

Environmental documents associated with ACHP’s NEPA reviews will be published here for reference.