Categorical Exclusion

Indian Health Service (IHS)

K. Extraordinary or Exceptional Circumstances. Under extraordinary circumstances, the normally excuded actions described above may have a significant environmental effect; such actions are not categorically excluded. Actions that can be characterized by, or may cause any of, the conditions described below are examples of actions that are not categorically excluded:
1. Those with potential to change the existing environment where such change violates directives or other controls that are imposed by any governmental body having jurisdiction, for the purpose of protecting or otherwise affecting that environment;
2. Those with potential or real threat of violation, or continued violation, of an applicable Federal, State, or local law or requirement imposed for protection of the environment or to ensure public health and safety;
3. Those likely to cause controversy with respect to the types or extent of the resulting environmental effects where such controversy is based on pertinent and substantial issues;
4. Those involving the use of technology where the possible effects are highly uncertain or involve unique or unknown risks and where such technology has not been assessed previously for environmental impact;
5. Those which have adverse effects on unique geographic characteristics (e.g., historic, archeological, or cultural resources, park recreation or refuge lands, wilderness areas, wild or scenic rivers, sole or principal drinking water aquifers, prime farmlands, wetlands, floodplains, coastal management zones or ecological or critical areas including those listed in the Department of Interior's National Register of National Landmarks);
6. Those which establish a precedent for future action or represent a decision in principle about future actions with potentially significant environmental effects;
7. Those which have adverse effects on properties listed or eligible for listing on the National Register of Historic Places;
8. Those which have adverse effects on species listed by the Federal Government as endangered or Threatened Species, or which have adverse effects on any designated critical habitat for these species;
9. Those which require assessment in accordance with Executive Order 11988 (Floodplain Management), or Executive Order 11990 (Protection of Wetlands), or the Fish and Wildlife Coordination Act;
10. Those which involve the use, transfer, or lease of real property which has been determined, after investigation in accordance with the provisions of CERCLA 120 (h), to have been used as a storage facility for hazardous waste for more than 1 year; and
11. Construction projects which are signifcantly greater in scope or size than normally experienced for a particular category of action.

Exclusion Text

E. Technical Assistance. Action involving the provision of technical assistance to American Indian and Alaska Native tribes and groups, other Federal agencies, State and local governments and non-profit organizations are excluded. These actions include but are not limited to:
1. The provision of technical assistance to American Indian and Alaska Native tribes and groups for the purpose of developing management capabilities needed to enable eventual tribal assumption of health program operations;
2. The provision of technical assistance to American Indian and Alaska Native tribes and groups for the purpose of developing capabilities in the areas of epidemiology, disease reduction, injury prevention, environmental improvement, and the operation and maintenance of sanitationfacilities; and
3. The assignment of IHS personnel to agencies/organizations for the purpose of providing technical expertise (e.g., investigation, diagnosis, consultation, counseling) in health programs.

Extraordinary circumstances

• K. Extraordinary or Exceptional Circumstances. Under extraordinary circumstances, the normally excuded actions described above may have a significant environmental effect; such actions are not categorically excluded. Actions that can be characterized by, or may cause any of, the conditions described below are examples of actions that are not categorically excluded:
  1. Those with potential to change the existing environment where such change violates directives or other controls that are imposed by any governmental body having jurisdiction, for the purpose of protecting or otherwise affecting that environment;
  2. Those with potential or real threat of violation, or continued violation, of an applicable Federal, State, or local law or requirement imposed for protection of the environment or to ensure public health and safety;
  3. Those likely to cause controversy with respect to the types or extent of the resulting environmental effects where such controversy is based on pertinent and substantial issues;
  4. Those involving the use of technology where the possible effects are highly uncertain or involve unique or unknown risks and where such technology has not been assessed previously for environmental impact;
  5. Those which have adverse effects on unique geographic characteristics (e.g., historic, archeological, or cultural resources, park recreation or refuge lands, wilderness areas, wild or scenic rivers, sole or principal drinking water aquifers, prime farmlands, wetlands, floodplains, coastal management zones or ecological or critical areas including those listed in the Department of Interior's National Register of National Landmarks);
  6. Those which establish a precedent for future action or represent a decision in principle about future actions with potentially significant environmental effects;
  7. Those which have adverse effects on properties listed or eligible for listing on the National Register of Historic Places;
  8. Those which have adverse effects on species listed by the Federal Government as endangered or Threatened Species, or which have adverse effects on any designated critical habitat for these species;
  9. Those which require assessment in accordance with Executive Order 11988 (Floodplain Management), or Executive Order 11990 (Protection of Wetlands), or the Fish and Wildlife Coordination Act;
  10. Those which involve the use, transfer, or lease of real property which has been determined, after investigation in accordance with the provisions of CERCLA 120 (h), to have been used as a storage facility for hazardous waste for more than 1 year; and
  11. Construction projects which are signifcantly greater in scope or size than normally experienced for a particular category of action.