He later argues that the rule's rationale «that the Montana Constitution requires categorical exclusion of religious entities from SB 410's tax credit program is in error because the tax credit envisioned by SB 410 is not a direct or indirect appropriation by the state to a religious entity.» (cato.org)
In addition, the Department has issued new guidance regarding the application of categorical exclusions for multi-modal projects. (transportation.gov)
For more information, also see the Department's existing NEPA implementing procedures, DOT Order 5610.1 C, and administrative record regarding the proposed new categorical exclusions. (transportation.gov)