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

I. Indian Health Service Owned and Leased Facilities. Actions related to the IHS owned and leased facilities, or actions funded by IHS at tribally owned (or leased) and managed facilities as listed below, are excluded:
1. Maintenance and day-to-day operation of the physical plant and repairs to plant and equipment, or replacement-in-kind of utilities and building components;
2. Acquisition of equipment, provided all requirements for permits, registrations, and licenses are met, and provided the equipment involved use of generally accepted technology;
3. Building alteration and renovation that does not substantially change the function or general appearance of existing buildings;
4. Construction or lease of new facilities (including portable facilities and trailers) where such lease or construction:
(a) Is at the site of an existing health care facility and the facility capacity is not substantially increased,
(b) Is for buildings of less than 12,000 square feet of useable space when less than five acres of surface land area are involved at a new site, or
(c) Is for projects other than buildings when less than five acres of surface land area are involved at a new site;
5. Facility planning and design including funding of such activities;
6. Acquisition of space by lease, use agreement, transfer, gift or similar arrangement for which:
(a) The intended use of the space is consistent with the functional design of the building, and
(b) The acquisition is consistent with an applicable master plan, if such plan exists;
7. The acquisition, sale, release, abandonment, closure or transfer of real property, provided the action:
(a) Is consistent with any applicable master plan, if such a plan exists,
(b) Conforms to local zoning and land use ordinances, if such ordinances exist,
(c) Is consistent with the functional design of the facility,
(d) Would not violate applicable Federal, State, or local environmental protection or historic preservation laws, and
(e) Satisfies the requirements of applicable comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 120 (h) provisions.

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.