[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR230.9]



[Page 315-316]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 230_PROCEDURES FOR IMPLEMENTING NEPA--Table of Contents

 

Sec.  230.9  Categorical exclusions.



    Actions listed below when considered individually and cumulatively 

do not have significant effects on the quality of the human environment 

and are categorically excluded from NEPA documentation. However, 

district commanders should be alert for extraordinary circumstances 

which may dictate the need to prepare an EA or an EIS. Even though an EA 

or EIS is not indicated for a Federal action because of a ``categorical 

exclusion'', that fact does not exempt the action from compliance with 

any other Federal law. For example, compliance with the Endangered 

Species Act, the Fish and Wildlife Coordination Act, the National 

Historic Preservation Act, the Clean Water Act, etc., is always 

mandatory, even for actions not requiring an EA or EIS.

    (a) For a period of one year from the effective date of these 

regulations, district commanders should maintain an information list on 

the type and number of categorical exclusion actions which due to 

extraordinary circumstances triggered the need for an EA and finding of 

no significant impact (FONSI) or an EIS. If a district commander 

determines that a categorical exclusion should be modified, the 

information will be furnished to the division commander, who will review 

and analyze the actions and circumstances to determine if there is a 

basis for recommending a modification to the list of categorical 

exclusions. HQUSACE (CECW-RE) will review recommended changes for Corps-

wide consistency and revise the list accordingly. See 33 CFR part 325, 

Appendix B for categorical exclusions for regulatory actions.

    (b) Activities at completed Corps projects which carry out the 

authorized project purposes. Examples include routine operation and 

maintenance actions, general administration, equipment purchases, 

custodial actions, erosion control, painting, repair, rehabilitation, 

replacement of existing structures and facilities such as buildings, 

roads, levees, groins and utilities, and installation of new buildings 

utilities, or roadways in developed areas.

    (c) Minor maintenance dredging using existing disposal sites.

    (d) Planning and technical studies which do not contain 

recommendations for authorization or funding for construction, but may 

recommend further study. This does not exclude consideration of 

environmental matters in the studies.

    (e) All Operations and Maintenance grants, general plans, 

agreements, etc., necessary to carry out land use, development and other 

measures proposed in project authorization documents, project design 

memoranda, master plans, or reflected in the project NEPA documents.

    (f) Real estate grants for use of excess or surplus real property.

    (g) Real estate grants for Government-owned housing.

    (h) Exchanges of excess real property and interests therein for 

property required for project purposes.

    (i) Real estate grants for rights-of-way which involve only minor 

disturbances to earth, air, or water:

    (1) Minor access roads, streets and boat ramps.

    (2) Minor utility distribution and collection lines, including 

irrigation.

    (3) Removal of sand, gravel, rock, and other material from existing 

borrow areas.

    (4) Oil and gas seismic and gravity meter survey for exploration 

purposes.

    (j) Real estate grants of consent to use Government-owned easement 

areas.

    (k) Real estate grants for archeological and historical 

investigations compatible with the Corps Historic Preservation Act 

responsibilities.

    (l) Renewal and minor amendments of existing real estate grants 

evidencing authority to use Government-owned real property.

    (m) Reporting excess real property to the General Services 

Administration for disposal.

    (n) Boundary line agreements and disposal of lands or release of 

deed restrictions to cure encroachments.

    (o) Disposal of excess easement interest to the underlying fee 

owner.



[[Page 316]]



    (p) Disposal of existing buildings and improvements for off-site 

removal.

    (q) Sale of existing cottage site areas.

    (r) Return of public domain lands to the Department of the Interior.

    (s) Transfer and grants of lands to other Federal agencies.