Notice2024-11865
Adoption of National Oceanographic and Atmospheric Administration Categorical Exclusion Pursuant to a Section of the National Environmental Policy Act (NEPA)
Primary source
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Published
May 30, 2024
Effective
May 30, 2024
Issuing agencies
Defense Department
Abstract
DARPA is adopting the NOAA categorical exclusion C1 for the restoration of coral reefs in south Florida. This notice describes the proposed action for which DARPA intends to use the NOAA categorical exclusion and details the consultation between the agencies.
Full Text
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<title>Federal Register, Volume 89 Issue 105 (Thursday, May 30, 2024)</title>
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[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46868-46869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11865]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Adoption of National Oceanographic and Atmospheric Administration
Categorical Exclusion Pursuant to a Section of the National
Environmental Policy Act (NEPA)
AGENCY: Defense Advanced Research Projects Agency (DARPA), Department
of Defense (DoD).
ACTION: Notice of adoption of the National Oceanic and Atmospheric
Administration (NOAA) categorical exclusion for habitat restoration.
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SUMMARY: DARPA is adopting the NOAA categorical exclusion C1 for the
restoration of coral reefs in south Florida. This notice describes the
proposed action for which DARPA intends to use the NOAA categorical
exclusion and details the consultation between the agencies.
DATES: This action is effective May 30, 2024.
FOR FURTHER INFORMATION CONTACT: Dr. Catherine Campbell, 703-526-2044
(Voice), <a href="/cdn-cgi/l/email-protection#50133124383522393e357e13313d2032353c3c1034312220317e3d393c"><span class="__cf_email__" data-cfemail="99daf8edf1fcebf0f7fcb7daf8f4e9fbfcf5f5d9fdf8ebe9f8b7f4f0f5">[email protected]</span></a> (Email).
SUPPLEMENTARY INFORMATION:
I. Background
National Environmental Policy Act and Categorical Exclusions
NEPA, 42 U.S.C. 4321-4347 requires all Federal agencies to assess
the environmental impacts of their actions. Congress enacted NEPA to
encourage productive and enjoyable harmony between humans and the
environment, recognizing the profound impact of human activity and the
critical importance of restoring and maintaining environmental quality
to the overall welfare of humankind. NEPA seeks to ensure agencies
consider the environmental effects of their proposed actions in their
decision-making processes and inform and involve the public in that
process. NEPA created the Council on Environmental Quality (CEQ), which
promulgated NEPA implementing regulations, 40 Code of Federal
Regulations (CFR) parts 1500 through 1508 (CEQ regulations).
To comply with NEPA, agencies determine the appropriate level of
review--an Environmental Impact Statement (EIS), Environmental
Assessment (EA), or categorical exclusion. (42 U.S.C. 4336). If a
proposed action is likely to have significant environmental effects,
the agency must prepare an EIS and document its decision in a record of
decision. Id. If the proposed action is not likely to have significant
environmental effects or the effects are unknown, the agency may
instead prepare an EA, which involves a more concise analysis and
process than an EIS. Id.
Following the EA, the agency may conclude the process with a
finding of no significant impact if the analysis shows that the action
will have no significant effects. If the analysis in the EA finds that
the action is likely to have significant effects, however, then an EIS
is required.
Under NEPA and the CEQ regulations, a Federal agency may establish
in its NEPA implementing procedures categorical exclusions, which are
categories of actions the agency has determined normally do not
significantly affect the quality of the human environment. (40 CFR
1501.4, 1507.3(e)(2)(ii), 1508.1(d)). If an agency determines that a
categorical exclusion covers a proposed action, it then evaluates the
proposed action for extraordinary circumstances in which a normally
excluded action may have a significant effect. (40 CFR 1501.4(b)). If
no extraordinary circumstances are present or if further analysis
determines that the extraordinary circumstances do not involve the
potential for significant environmental impacts, the agency may apply
the categorical exclusion to the proposed action without preparing an
EA or EIS. (40 CFR 1501.4). If the extraordinary circumstances have the
potential to result in significant effects, the agency is required to
prepare an EA or EIS.
Section 109 of NEPA, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to adopt a categorical exclusion
listed in another agency's NEPA procedures for a category of proposed
agency actions for which the categorical exclusion was established (42
U.S.C. 4336(c)). To adopt another agency's categorical exclusion under
Section 109, an agency must identify the relevant categorical exclusion
listed in that agency's (``establishing agency'') NEPA procedures that
cover its category of proposed actions or related actions; consult with
the establishing agency to ensure that the proposed adoption of the
categorical exclusion to a category of actions is appropriate; identify
to the public the categorical exclusion that the agency plans to use
for its proposed actions; and document adoption of the categorical
exclusion. Id. This notice documents DARPA's adoption of NOAA's
categorical exclusion under Section 109 of NEPA.
[[Page 46869]]
II. Identification of the Categorical Exclusion
NOAA's categorical exclusion, C1, for habitat restoration actions
is codified in NOAA's procedures for implementing NEPA (<a href="https://www.noaa.gov/sites/default/files/2021-10/NOAA-NAO-216-6A-Companion-Manual-03012018%20%281%29.pdf">https://www.noaa.gov/sites/default/files/2021-10/NOAA-NAO-216-6A-Companion-Manual-03012018%20%281%29.pdf</a>) and related authorities, as contained in
the Companion Manual to NOAA Administrative Order NAO 2-16-6A. The text
of categorical exclusion C-1 is as follows, ``Habitat restoration
actions, provided that such action: (1) transplants only organisms
currently or formerly present at the site or in its immediate vicinity
(if transplant is a component of the action); (2) does not require
substantial placement of fill or dredging; (3) does not involve any
removal of debris, excavation, or conditioning of soils unless such
removal of debris, excavation, or conditioning of soils is
geographically limited to the impact area such that site conditions
will not impede or negatively alter natural processes, is in compliance
with all permit and disposal requirements, and will not impact critical
aquifers or recharge areas; and (4) does not involve an added risk of
human or environmental exposure to toxic or hazardous substances,
pathogens, or radioactive materials. Notes: If applicable, limitations
and mitigation measures identified in the NOAA Restoration Center
Programmatic Environmental Impact Statement for Habitat Restoration
Actions must be followed. This CE includes, but is not limited to,
response or restoration actions under CERLCA, OPA, or NMSA, if such
actions help to restore an ecosystem, habitat, biotic community, or
population of living resources to a determinable pre-impact condition
prior to the incident leading to the response or restoration.''
Proposed Action
DARPA proposes to deploy and field test ecological engineering and
biological adaptation strategies for corals in south Florida that have
been tested in laboratory settings. The need to field test these
strategies is to determine the best methods for coral translocation
that will maximize wave attenuation, promote coral growth, mimic
natural reef building and self-repair, increase the adaptive capacity
of coral, and provide for long-term resiliency of the artificial reef
that will be a part of DARPA's Reefense program in south Florida.
III. Consideration of Extraordinary Circumstances
If an agency determines that a categorical exclusion covers a
proposed action, the agency must evaluate the proposed action for
extraordinary circumstances in which a normally excluded action may
have a significant effect. (40 CFR 1501.4(b)). DARPA does not currently
have its own NEPA implementing procedures to guide its application of
extraordinary circumstances. Until DARPA establishes NEPA implementing
procedures, for purposes of considering extraordinary circumstances in
connection with the NOAA categorical exclusion discussed in this
notice, DARPA has considered whether the proposed action has the
potential to result in significant effects. DARPA has assessed
extraordinary circumstances and determined they are not present.
IV. Consultation With NOAA and Determination of Appropriateness
DARPA and NOAA consulted on the appropriateness of DARPA's adoption
of the categorical exclusion. This consultation included a review of
NOAA's experience applying the categorical exclusion and the proposed
action for which DARPA plans to utilize it. Following this consultation
and review, DARPA has determined that the impacts of the proposed
action to deploy and field test ecological engineering and biological
adaptation strategies for corals that have been tested in laboratory
settings are similar to the impacts, which are not significant, of
projects for which NOAA may apply the categorical exclusion.
Additionally, DARPA determined that there are no extraordinary
circumstances. Therefore, DARPA has determined that its proposed use of
NOAA's categorical exclusion C1, as described within this notice, would
be appropriate.
Notice to the Public and Documentation of Adoption
This notice documents adoption of the NOAA categorical exclusion
listed above and is available for use by DARPA, effective immediately.
Dated: May 22, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-11865 Filed 5-29-24; 8:45 am]
BILLING CODE 6001-FR-P
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