Legacy CEQ-compiled dataset (pre-authoritative baseline)
Compiled reference National Institutes of Health's Categorical Exclusions (opens in new tab)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
23. Actions taken to respond to public health emergencies.
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.
Provenance
- Agency: Legacy CEQ-compiled dataset (pre-authoritative baseline) (LEGACY)
- Source provenance: Compiled reference
- Source type: legacy seed
- Identifier:
NIH-1--1-23 - Fetched at: 1970-01-01T00:00:00+00:00 (not an agency verification date)
Source legal reference
CEQ-compiled compendium of Federal categorical exclusions (historical, non-authoritative baseline)
Disclaimer
This CE Explorer tool is not an authoritative source and creates no rights or obligations. Review the relevant agency's NEPA procedures before applying a categorical exclusion.
When using the CE Explorer Tool, Federal agencies and stakeholders should review the relevant agency's NEPA procedures for information about how to apply the CE, including any limitations or potential extraordinary circumstances, and to ensure that a CE is current and applicable to a given proposed action. To adopt and use another agency's categorical exclusion, an agency must follow the steps described in section 109 of NEPA, 42 U.S.C. 4336c.
