Categorical Exclusion

C. Program Exclusion

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

The DHHS procedures on environmental review of agency actions authorize the establishment of a categorical exclusion for programs within an agency that will not have a significant effect on the human environment. Actions taken by the following NIH organizations and their components are normally excluded from NEPA review, subject to a review for extraordinary circumstances. Actions taken by any successor organizations to those listed will also be categorically excluded. Actions taken by organizations of NIH not listed in this category may be included in other categories of excluded actions.
1. Center for Information Technology.
2. Center for Scientific Review.
3. Fogarty International Center.
4. Office of Administration.
5. Office of Communications.
6. Office of Equal Opportunity.
7. Office of Education.
8. Office of Community Liaison.
9. Office of Loan Repayment and Scholarship.
10. Office of Human Resources Management.
11. Office of Financial Management.
12. Office of Technology Transfer.
13. Office of Program Coordination.
14. National Library of Medicine.

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.