Categorical Exclusions

What is a categorical exclusion?

NEPA requires that when a major Federal action would have significant impacts on the quality of the human environment, a statement be prepared to describe the impacts and effects on the human environment associated with the Federal action. When a Federal agency determines that a certain category of actions will not normally have an individually or cumulatively significant effect on the human environment and for which neither an environmental assessment nor an environmental impact statement is required, that category of actions may be excluded from further NEPA review (40 CFR 1508.4).

The categorical exclusions available to the Department of the Interior can be found in the Department of the Interior Departmental Manual, 516 DM 8. The categorical exclusions for the Bureau of Reclamation can be found in the Department of the Interior Departmental Manual, 516 DM 14.

Stakeholder Webinar Presentation Slides PDF (07/2024)

Categorical Exclusions Proposed Revisions (06/2024)

Title Transfer Categorical Exclusion

Transfer of title is a Federal action under NEPA. Reclamation established a new categorical exclusion (CE) on May 24, 2019, to facilitate transfers of title to certain projects or facilities from the Bureau of Reclamation to qualifying non-federal entities. The new categorical exclusion can be found in the Department of the Interior Departmental Manual, 516 DM 14.

The CE is limited to the transfer of projects and/or project facilities from Federal ownership to a qualifying entity, which means an agency of State or local government or Indian tribe, a municipal corporation, quasi-municipal corporation, or other entity such as a water district that, as determined by the Secretary, has the capacity to continue to manage the conveyed property for the same purposes for which the property has been managed under Reclamation law. Accordingly, projects involving the following considerations (CE Qualification Factors) of a qualifying non-Federal entity would generally be eligible to be considered for the title transfer CE:

  1. The potential transferee must demonstrate the technical capability to maintain and operate the facilities and lands on a permanent basis and an ability to meet financial obligations associated with the transferred assets.
  2. The potential transferee must affirm that it has no plans to change the maintenance, operations, or use of the lands and water associated with the transferred facilities.
  3. The potential transferee must ensure that there are no competing demands for use of the transferred facilities, with the exception of those demands accommodated by existing contractual arrangements.
  4. The potential transferee must ensure that the facilities proposed for transfer are not hydrologically integrated with other facilities, thereby impacting other contractors, stakeholders or activities, with the exception of those impacts accommodated by existing contractual arrangements.
  5. The transfer would not include lands or facilities involving Indian trust responsibilities.
  6. The potential transferee must ensure that issues involving existing contracts and agreements, and interstate compacts and agreements, are resolved, and treaty and international agreement obligations are fulfilled prior to transfer.
  7. The potential transferee must assume responsibility for all commitments and agreements into the future.
  8. Potentially affected state, local, and tribal governments, appropriate Federal agencies, and the public will be notified of the initiation of discussion to transfer title and will have: (a) the opportunity to comment and suggest options for remedying any problems; and (b) full access to relevant information, including proposals, analyses, and reports related to the proposed transfer. The title transfer process will be carried out in an open and public manner. If a project or facility is not eligible for transfer under Public Law 116-9, Title VIII, the transfer proponent may seek legislation to authorize the negotiated terms of the transfer of each project or facility.

To initiate the title transfer process, entities should submit a written request to a Reclamation area manager or regional director. The written request must identify the specific facilities that are the subject of the title transfer. Follow this link to learn more.

Last Updated: 7/3/24