---
kind: "section"
citation: "23 C.F.R. § 771.141"
title: "23"
number: "771.141"
heading: "Reliance and adoption efficiencies."
url: "https://uscodex.org/cfr/23/771.141"
---

# §771.141. Reliance and adoption efficiencies.

- (a) When a single environmental document is not prepared for a proposed major Federal action, an agency may rely upon an existing environmental document, or element thereof, to document compliance with NEPA as follows:
  - (1) Any Federal agency may rely upon an environmental document prepared in accordance with [23 U.S.C. 139](/usc/23/139.md) to the same extent such Federal agency could adopt or use a document prepared by another Federal agency.
  - (2) The Administration may rely upon an existing environmental document not prepared in accordance with [23 U.S.C. 139](/usc/23/139.md) if the Administration determines that the proposed action is substantially the same as the action covered in the existing environmental document and that the environmental issues were adequately identified and addressed.
  - (3) The Administration may rely upon an existing categorical exclusion decision by another Federal agency if the Administration determines that a proposed major Federal action is substantially the same as the action that another Federal agency determined is categorically excluded from NEPA.
  - (4) A Federal land management agency may rely upon an existing environmental document or categorical exclusion decision prepared by FHWA for a project addressing substantially the same major Federal action proposed for approval by the Federal land management agency.
- (b) Adoption of Categorical Exclusions under [42 U.S.C. 4336c](/usc/42/4336c.md):
  - (1) FHWA, FRA, or FTA may establish a new categorical exclusion by adopting a category of action listed as a categorical exclusion in another agency's NEPA procedures.
  - (2) A State functioning as FHWA, FRA, or FTA in carrying out responsibilities delegated or assigned to the State in accordance with 23 U.S.C. [326](/usc/23/326.md) or [327](/usc/23/327.md) may not establish a new categorical exclusion through adoption.
  - (3) **To establish the new categorical exclusion, the Administration will—**
    - (i) Identify the categorical exclusion listed in another agency's NEPA procedures that covers a category of proposed actions or related actions;
    - (ii) Consult with the agency that established this categorical exclusion to ensure that the proposed adoption of the categorical exclusion to a category of Administration actions is appropriate; and
    - (iii) Provide public notification that the Administration plans to use the categorical exclusion for its proposed actions by documenting its adoption.
  - (4) The Administration may begin to apply the newly adopted categorical exclusion to proposed major Federal actions upon completion of sub-[paragraphs (b)(3)(i)-(iii)](#b-3-i..b-3-iii).

## Notes

### Authority

Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. 106, 109, 128, 138, 139, 203(e), 315, 326, and 327; 49 U.S.C. 303 and 24201; 49 U.S.C. 5323(c) and 5323(q); 49 CFR 1.81, 1.85, 1.89, and 1.91; Pub. L. 109-59, 119 Stat. 1144, Sections 6002 and 6010; Pub. L. 112-141, 126 Stat. 405, Sections 1315, 1316, 1317, 1318, and 1319; and Pub. L. 114-94, 129 Stat. 1312, Sections 1304 and 1432.

### Source

Source: 90 FR 29431, July 3, 2025, unless otherwise noted.