DHS Adoption of Five Categorical Exclusions Under NEPA Section 109

The Department of Homeland Security (DHS) has formally adopted five categorical exclusions (CEs) under the National Environmental Policy Act (NEPA), as authorized by Section 109 of the NEPA modernization framework. Categorical exclusions are categories of actions that federal agencies have determined do not individually or cumulatively have a significant effect on the human environment, thereby eliminating the need for an Environmental Assessment (EA) or Environmental Impact Statement (EIS). By adopting these CEs from another federal agency, DHS streamlines its internal environmental review process for routine or low-impact operational activities. The notice publicly documents the specific types of actions covered, the criteria DHS will use to determine when a CE applies, and the inter-agency consultation process that took place prior to adoption. The adoption includes application of 'extraordinary circumstances' — a safeguard mechanism that requires DHS to conduct further environmental review even for CE-eligible actions if unusual conditions (e.g., proximity to protected lands, endangered species, or environmental justice communities) are present. This ensures that the efficiency gains from CEs do not bypass legitimate environmental concerns. This notice does not create new regulatory obligations for private parties but affects how DHS internally manages environmental compliance for its programs, projects, and operational decisions going forward.

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