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NEPA categorical exclusions: checklist, examples and the CE decision memo

A NEPA categorical exclusion (CE) is a category of actions an agency has found normally have no significant environmental effect[1]. An action that fits one needs no EA or EIS[2], but the agency screens it for extraordinary circumstances[3] and, for many categories, signs a short record of that finding, which the Forest Service called a decision memo[4].

By Ilya Volodarsky. 22 sources, last read on . This page explains the law; it is not legal advice.

Draft a CE Decision Memo for Trail Work

    ePlan gets you

    • A first draft of your CE Decision Memo, from a project description or the files you already have
    • Precedent research: analog projects and their documents, found for you
    • Every fact ePlan can't confirm, marked for your team to fill in
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    See how it compares

    Describe the action and ePlan finds candidate CE categories, then drafts the decision memo in your agency's format, with every unconfirmed fact marked for you.

    ePlan vs. by hand

    How ePlan compares to drafting a CE Decision Memo by hand

    The same document, two ways to a first draft.

    ComparedePlan.aiBy hand
    Category checkePlan.aiFinds candidate CE categories in the agency's procedures and lists the extraordinary circumstances to screenBy handSearch the procedures and past memos for a category that fits
    Starting pointePlan.aiA plain-language project description, or the PDFs, Word files and GIS files (shapefile, GeoJSON, KML, GeoPackage) you already haveBy handA blank template, or last year's document retyped
    Precedent researchePlan.aiA research agent searches agency project pages, CEQAnet, the Federal Register, eCFR and EPA's EIS database for your project and up to two analog projectsBy handSearching each agency site and PDF library by hand
    Missing factsePlan.aiEvery fact ePlan can't confirm stays a highlighted [INSERT] placeholder until someone fills itBy handGaps surface in review, or not at all
    Cost to startePlan.aiScoping letters are free. EAs, EIRs and decision memos are on Max at $199 a monthBy handStaff or consultant hours for every draft

    ePlan.ai as of October 2026. “By hand” means a Word template, past documents and agency PDFs. Your team reviews, edits and signs every draft.

    Extraordinary circumstances checklist

    Before applying a CE, the agency screens for extraordinary circumstances that may make a normally excluded action likely to have a reasonably foreseeable significant adverse effect. Under CEQ's guidance, one being present bars the CE only if the agency's procedures say so; the agency documents its reasoning, and if the CE does not fit, prepares an EA or EIS[3].

    DOE bars segmenting a proposal into small parts to fit a CE[11]. USDA's procedures list resources to screen, including[12]:

    • Federally listed threatened or endangered species, designated critical habitat, and species or habitat proposed for listing
    • Floodplains, wetlands and other sensitive areas
    • Special sources of water, such as sole-source aquifers and municipal watersheds
    • Designated areas, such as wilderness, wild and scenic rivers and inventoried roadless areas
    • Historic, archeological or architectural properties, including those eligible for the National Register
    • American Indian and Alaska Native religious or cultural sites

    Documented categorical exclusions: does every CE need a decision memo?

    No. USDA splits its list into CEs that need no NEPA documentation (7 CFR 1b.4(c)) and CEs that do (1b.4(d))[5]. For the second group, the responsible official signs a finding of applicability and no extraordinary circumstance, or FANEC[12]. Moving the Forest Service's CEs into 7 CFR part 1b did not change which categories need one[4].

    DOE documents every CE determination for actions in appendix B, on a categorical exclusion determination form, and posts it online, generally within two weeks[11][13]. At FAA, actions likely to affect sensitive resources or facing known controversy may warrant a documented CATEX, in no prescribed format[14]. FHWA's (d)-list CEs need documentation that their conditions are met[7].

    Categorical exclusion examples

    CEs are most of the Forest Service's NEPA work: 32,208 of its 39,372 decisions signed from 2005 to 2021, or 82%, were CE decision memos, with a median of 110 days from scoping to signature[15]. NEPA timelines compares EAs and EISs.

    Below are the five categories cited most in a random sample of 601 Forest Service decision memos, with the old 36 CFR 220.6 citation[16] and the 7 CFR 1b.4 code[5]. Each carries conditions in its full text; read the whole category before relying on it. 12 signed decision memos show one example per category.

    Share of 601 decision memos citing each category, in a random sample of 800 of the Forest Service's 29,382 project pages; a memo can cite more than one. ePlan.ai analysis.
    Category36 CFR 220.67 CFR 1b.4Share of memosSigned example
    Special uses under 20 acres(e)(3)USDA-28d-USFS27%Verizon Communication Site, Datil: propane tank and generator pads, Cibola, 2025[17]
    Timber stand or wildlife habitat improvement(e)(6)USDA-30d-USFS, set aside by a court on January 13, 2026[4]14%Bee Canyon: fence keeping cattle out of riparian habitat, Apache-Sitgreaves, 2025[18]
    Trails(e)(1)USDA-26d-USFS9%Enoree Palmetto Trail: 6.3 miles moved off forest roads, Francis Marion and Sumter, 2025[19]
    Special use permit reissued for administrative changes only(e)(15), later (d)(11)USDA-28c-USFS, which needs no memo9%Lovcom, Inc.: expired communication use lease replaced, Bighorn, 2020[20]
    Short-term mineral investigations(e)(8)USDA-32d-USFS4%Cuddy Mountain: exploratory drilling at 17 sites from existing roads, Payette, 2025[21]
    Outline

    What a CE decision memo contains

    A checklist built on USDA's minimum elements for a FANEC[12]. Other agencies use their own form or worksheet, such as FTA's categorical exclusion worksheet for construction projects[22]; follow yours.

    1. The proposed action

      What, where and when: location, acres or miles, and activities, in enough detail to show the category fits.

    2. The category used

      The CE's number and text from your agency's procedures, and whether it was adopted from another agency.

    3. Fit with the category's conditions

      Each condition, such as acreage, road miles or a ban on herbicides, checked against the project[5].

    4. Resources considered

      Each resource on the extraordinary-circumstances list above, and what the screening found.

    5. The finding

      That no extraordinary circumstances exist, as informed by interdisciplinary review.

    6. Other laws

      The records for other laws, such as Endangered Species Act consultation and National Historic Preservation Act section 106 review.

    7. Date and signature

      Dated and signed by the responsible official.

    Sources

    Where each statement comes from

    Show all 22 sources
    1. [1]42 U.S.C. 4336e - Definitions. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    2. [2]42 U.S.C. 4336 - Procedure for determination of level of review. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    3. [3]Establishing, Revising, Adopting, and Applying Categorical Exclusions Under the National Environmental Policy Act (memorandum). Council on Environmental Quality, April 9, 2026. Read October 2, 2026.
    4. [4]National Environmental Policy Act (USDA final rule), 91 FR 17062. U.S. Department of Agriculture, Federal Register, April 3, 2026. Read October 2, 2026.
    5. [5]7 CFR 1b.4 - Categorical exclusion of USDA subcomponents and actions. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    6. [6]10 CFR part 1021 - National Environmental Policy Act Implementing Procedures (DOE), appendix B to subpart D. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    7. [7]23 CFR 771.117 - FHWA categorical exclusions. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    8. [8]23 CFR 771.118 - FTA categorical exclusions (FHWA, FRA and FTA). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    9. [9]Agency Categorical Exclusions. Council on Environmental Quality, nepa.gov. Read October 2, 2026.
    10. [10]42 U.S.C. 4336c - Adoption of categorical exclusions. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    11. [11]DOE National Environmental Policy Act (NEPA) Implementing Procedures. U.S. Department of Energy, July 13, 2026. Read October 2, 2026.
    12. [12]7 CFR 1b.3 - Categorical exclusions and findings of applicability and no extraordinary circumstance (USDA). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    13. [13]CX-271092: Categorical Exclusion Determination Form, Tandem PV, Inc. (ARPA-E). U.S. Department of Energy, September 25, 2026. Read October 3, 2026.
    14. [14]FAA Order 1050.1G, FAA National Environmental Policy Act Implementing Procedures. Federal Aviation Administration, June 30, 2025. Read October 2, 2026.
    15. [15]US Forest Service Data on Planning, Appeals, Litigation and NEPA compliance, 2005-2021 (Fleischman, Struthers, Arnold, Dockry, Scott). University of Minnesota, Data Repository for U of M (DRUM), November 2022. Read October 3, 2026.
    16. [16]36 CFR 220.6 - Categorical exclusions (Forest Service), as of January 1, 2025. Electronic Code of Federal Regulations (eCFR), point in time. Read October 3, 2026.
    17. [17]Verizon Communication Site - Datil (#67340). USDA Forest Service, Cibola National Forest, February 4, 2025. Read October 3, 2026.
    18. [18]Bee Canyon Cattle Exclusion Structures & Water Supply Improvements (#65990). USDA Forest Service, Apache-Sitgreaves National Forests, January 8, 2025. Read October 3, 2026.
    19. [19]Enoree Palmetto Trail Re-route (#66760). USDA Forest Service, Francis Marion and Sumter National Forests, February 26, 2025. Read October 3, 2026.
    20. [20]Lovcom, Inc. Communication Use Lease Reissuance (#57422), decision memo under FSH 1909.15 32.2(15). USDA Forest Service, Bighorn National Forest, June 2, 2020. Read October 4, 2026.
    21. [21]Cuddy Mountain Exploration Drilling (#67280). USDA Forest Service, Payette National Forest, August 6, 2025. Read October 3, 2026.
    22. [22]FTA Categorical Exclusion (CE) Worksheet. Federal Transit Administration, November 2025. Read October 3, 2026.

    Written by

    Ilya Volodarsky

    Ilya Volodarsky founded ePlan.ai. He co-founded Segment and is co-founder and CEO of Wildfires.org.

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    Frequently asked questions

    • A CE covers a category the agency has already found normally has no significant effect, so no EA or EIS is written. An EA is a concise analysis the agency prepares when no CE applies and a significant effect is not reasonably foreseeable or its significance is unknown.

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