Categorical Exclusion

B. Functional Exclusions

D. Extraordinary Circumstances
Consistent with CEQ’s regulations, environmental review is required for all NIH actions involving extraordinary circumstances. Following are examples of extraordinary circumstances that may apply to specific NIH actions.
1. Greater scope or size than other actions included within a category.
2. A threatened violation of a Federal, State, or local law established for protection of the environment or for public health and safety.
3. Potential effects of the action are unique or highly uncertain.
4. Potential effect on a protected or ecologically sensitive area of land, like a wetland or floodplain.
5. Possible impact on property that is listed or eligible for listing on the National Register of Historic Places or that is otherwise of scientific, cultural, or historic importance or interest.
6. Possible impact on endangered or threatened species.
7. Use of especially hazardous substances or processes for which adequate and accepted controls and safeguards are unknown or not available.
8. Substantial and reasonable controversy exists about the environment effects of the action.

Exclusion Text

18. The awarding, renewal, suspension, termination, or discontinuance of: Collaborative research agreements, including Cooperative Research and Development Agreements (CRADA) established under the Stevenson-Wydler Technology Innovation Act of 1980, as amended, 15 U.S.C. 3701 et seq.; contracts; cooperative agreements; grants; and interagency agreements entered into by the NIH pursuant to the Economy Act, 31 U.S.C. 1535. For those contracts, cooperative agreements, grants, and interagency agreements that involve construction of more than 12,000 square feet of occupiable space, recipients of NIH funds must certify that they are in compliance with all Federal, State, and local environmental laws and must, as prescribed by NIH, perform all environmental reviews required by NEPA, including preparing environmental assessments and, if necessary, environmental impact statements, and submit these documents to the NIH for review, approval and adoption.

Extraordinary circumstances

• D. Extraordinary Circumstances
  Consistent with CEQ’s regulations, environmental review is required for all NIH actions involving extraordinary circumstances. Following are examples of extraordinary circumstances that may apply to specific NIH actions.
  1. Greater scope or size than other actions included within a category.
  2. A threatened violation of a Federal, State, or local law established for protection of the environment or for public health and safety.
  3. Potential effects of the action are unique or highly uncertain.
  4. Potential effect on a protected or ecologically sensitive area of land, like a wetland or floodplain.
  5. Possible impact on property that is listed or eligible for listing on the National Register of Historic Places or that is otherwise of scientific, cultural, or historic importance or interest.
  6. Possible impact on endangered or threatened species.
  7. Use of especially hazardous substances or processes for which adequate and accepted controls and safeguards are unknown or not available.
  8. Substantial and reasonable controversy exists about the environment effects of the action.