Increase In Categorical Exclusion for Projects of Limited Federal Assistance
| Annually Adjusted Figures for Categorical Exclusions for Projects of Limited Federal Assistance |
| Published in Fiscal Year October 2023 (June 2022 to June 2023 CPI increase of 3.0%) |
$6,742,380
$39,330,550 |
| Published in Fiscal Year October 2022 (June 2021 to June 2022 CPI increase of 9.1%) |
$6,546,000
$38,185,000 |
| Published in Fiscal Year October 2021 (Established by BIL) |
$6,000,000
$35,000,000 |
Effective in the Fiscal Year of 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)), enacted as Public Law 117-58.
Section 11317 of the BIL amended Section1317(1) of the Moving Ahead for Progress in the 21st Century Act (MAP–21) (23 U.S.C. 109 note; Public Law 112–141).
Section 1314 of the Fixing America's Surface Transportation (FAST) Act (Public Law 114-94) directed FHWA and FTA to amend the provision for “Categorical Exclusions for Projects of Limited Federal Assistance” to adjust the monetary limits annually for inflation based on the Consumer Price Index prepared by the Department of Labor.
Starting October 1, 2022, and every subsequent year on October 1st, in the beginning of the fiscal year, the annually adjusted figures will be published to include the percentage increase from June of the prior year to June of the current year. See 88 Fed. Reg. 4072, January 23, 2023.
