NPS Director's Order 12: Conservation Planning, Environmental Impact Analysis and Decision Making
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Antietam National Battlefield, MD3.5 Categorical Exclusions — Exceptions to CEs

If the IDT or the NPS decision-maker determines that any of the following exceptions apply to a proposal, it may not be categorically excluded, and you must prepare either an EA or an EIS. Items A through O are adapted from the list of Departmental exceptions (516 DM, 2, appendix 2). Items N through R are NPS additions. The exceptions apply if any proposed actions:

A. have material adverse effects on public health or safety.

B. have adverse effects on such unique geographic characteristics as historic or cultural resources; park, recreation, or refuge lands; wilderness areas; wild or scenic rivers; national natural landmarks, sole or principal drinking water aquifers; prime farmlands; wetlands; floodplains; or ecologically significant or critical areas, including those listed on the Department's National Registry of Natural Landmarks.

C. have highly controversial environmental effects.

D. have highly uncertain and potentially significant environmental effects or involve unique or unknown environmental risks.

E. establish a precedent for future action or represent a decision in principle about future actions with potentially significant environmental effects.

F. are directly related to other actions with individually insignificant, but cumulatively significant, environmental effects.

G. have adverse effects on properties listed or eligible for listing on the National Register of Historic Places.

H. have adverse effects on species listed or proposed to be listed on the List of Endangered or Threatened Species, or have adverse effects on designated Critical Habitat for these species.

I. require compliance with Executive Order 11988 (Floodplain Management), Executive Order 11990 (Protection of Wetlands), or the Fish and Wildlife Coordination Act.

J. threaten to violate a federal, state, local, or tribal law or requirement imposed for the protection of the environment.

K. involve unresolved conflicts concerning alternative uses of available resources (NEPA sec. 102(2)(E)).

L. have a disproportionate, significant adverse effect on low income or minority populations (EO 12898).

M. Restrict access to and ceremonial use of Indian sacred sites by Indian religious practitioners or adversely affect the physical integrity of such sacred sites (EO 13007).

N. Contribute to the introduction, continued existence, or spread of federally listed noxious weeds (Federal Noxious Weed Control Act).

O. Contribute to the introduction, continued existence, or spread of non-native invasive species or actions that may promote the introduction, growth, or expansion of the range of non-native invasive species (EO 13112).

P. require a permit from another agency to proceed, unless the agency from whom the permit is required agrees that a CE is appropriate, the action is described in section 3.3 or 3.4, and no exceptional circumstances in section 3.5 apply.

Q. have the potential for significant impact as indicated by a federal, state, or local agency or Indian tribe.

R. have the potential to be controversial because of disagreement over possible environmental effects.

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