Legacy CEQ-compiled dataset (pre-authoritative baseline)
Compiled reference Department of Agriculture's Categorical Exclusions (opens in new tab)Categorical Exclusion
U.S. Department of Agriculture (USDA)
The following categorical exclusions require NEPA documentation, which will be completed as set forth at § 1b.3(g).
Exclusion Text
(USDA-40d-USFS) Restoring wetlands, streams, riparian areas or other water bodies by removing, replacing, or modifying water control structures such as, but not limited to, dams, levees, dikes, ditches, culverts, pipes, drainage tiles, valves, gates, and fencing, to allow waters to flow into natural channels and floodplains and restore natural flow regimes to the extent practicable where valid existing rights or special use authorizations are not unilaterally altered or canceled. Examples include but are not limited to: (i) Repairing an existing water control structure that is no longer functioning properly with minimal dredging, excavation, or placement of fill, and does not involve releasing hazardous substances; (ii) Installing a newly-designed structure that replaces an existing culvert to improve aquatic organism passage and prevent resource and property damage where the road or trail maintenance level does not change; (iii) Removing a culvert and installing a bridge to improve aquatic and/or terrestrial organism passage or prevent resource or property damage where the road or trail maintenance level does not change; and (iv) Removing a small earthen and rock fill dam with a low hazard potential classification that is no longer needed.
Provenance
- Agency: Legacy CEQ-compiled dataset (pre-authoritative baseline) (LEGACY)
- Source provenance: Compiled reference
- Source type: legacy seed
- Identifier:
USDA--2-2-74 - 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.
