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Key Terms

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Categorical Exclusion (23 CFR 771.117)

A category of actions under the National Environmental Policy Act (NEPA) that has been found, through regulation and procedures adopted by a Federal agency, to have no significant impact, either individually or cumulatively, on the environment. Neither an environmental assessment nor an environmental impact statement is required when there is a CE.

Constructive Use (23 CFR 774.15)

A type of indirect use in which a transportation project's proximity impacts (as opposed to direct impacts) are so severe that the protected activities, features, or attributes that qualify a resource for protection under Section 4(f) are substantially impaired. Examples include excessive noise level increases, diminished aesthetic features, ecological intrusions, and other indirect impacts to the resource's environment or utility. Only FHWA Headquarters may determine whether a Constructive Use occurs.