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Environmental Review Toolkit
 

Increase In Categorical Exclusion for Projects of Limited Federal Assistance

Effective October 1, 2021, the monetary limits for the Categorical Exclusion for Projects of Limited Federal Assistance (23 CFR 771.117(c)(23)) are defined as:

(1) Projects receiving less than “$6,000,000” of federal funds, or

(2) Projects with a total estimated cost less than “$35,000,000” and federal funding of less than 15% of total estimated project cost.

The limits were raised by the Infrastructure Investment and Jobs Act (also known as the “Bipartisan Infrastructure Law” (BIL)) was enacted as Public Law 117-58. The BIL amended Section1317(1) of Moving Ahead For Progress in the 21st Century Act (MAP–21) (23 U.S.C. 109 note; Public Law 112–141).