Notice2024-22154
Adoption of Categorical Exclusions Under Section 109 of the National Environmental Policy Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 27, 2024
Effective
September 27, 2024
Issuing agencies
Agriculture DepartmentForest Service
Abstract
The U.S. Department of Agriculture, Forest Service, is adopting multiple categorical exclusions from the Department of the Interior, United States Geological Survey (USGS) listed at 516 Departmental Manual 9.5 B, G, H, I, K, and P pursuant to section 109 of the National Environmental Policy Act for future application to Forest Service decisions concerning land management activities that are similar in nature. This notice describes the categories and consultation between the agencies.
Full Text
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<title>Federal Register, Volume 89 Issue 188 (Friday, September 27, 2024)</title>
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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79228-79229]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22154]
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DEPARTMENT OF AGRICULTURE
Forest Service
Adoption of Categorical Exclusions Under Section 109 of the
National Environmental Policy Act
AGENCY: Forest Service, Agriculture (USDA).
ACTION: Notice of adoption of multiple categorical exclusions from the
Department of the Interior, United States Geological Survey.
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SUMMARY: The U.S. Department of Agriculture, Forest Service, is
adopting multiple categorical exclusions from the Department of the
Interior, United States Geological Survey (USGS) listed at 516
Departmental Manual 9.5 B, G, H, I, K, and P pursuant to section 109 of
the National Environmental Policy Act for future application to Forest
Service decisions concerning land management activities that are
similar in nature. This notice describes the categories and
consultation between the agencies.
DATES: The categorical exclusion adoptions take effect on September 27,
2024.
FOR FURTHER INFORMATION CONTACT: Andrea Pahlevanpour, Assistant
Director, Forest Service, Ecosystem Management Coordination, by phone
at 771-216-0229 or via email to <a href="/cdn-cgi/l/email-protection#e2838c86908783cc92838a8e8794838c928d9790a297918683cc858d94"><span class="__cf_email__" data-cfemail="2f4e414b5d4a4e015f4e47434a594e415f405a5d6f5a5c4b4e01484059">[email protected]</span></a>.
Individuals who use telecommunications devices for the hearing
impaired may call 711 to reach the Telecommunications Relay Service, 24
hours a day, every day of the year, including holidays.
SUPPLEMENTARY INFORMATION:
I. National Environmental Policy Act and Categorical Exclusions
The National Environmental Policy Act (NEPA) (42 U.S.C. 4321-4347),
as amended, requires all Federal agencies to consider the environmental
impact of their proposed actions before deciding whether and how to
proceed (42 U.S.C. 4321, 4332). The aims of NEPA are to ensure that
agencies consider the potential environmental effects of their proposed
actions in their decision-making processes and inform and involve the
public in that process (42 U.S.C. 4332). NEPA created the Council on
Environmental Quality, which promulgated NEPA implementing regulations
at 40 Code of Federal Regulations (CFR) parts 1500 through 1508
(Council on Environmental Quality regulations).
To comply with NEPA, agencies determine the appropriate level of
review for a proposed action. Where required, these levels of review
may be documented in an environmental impact statement (EIS), an
environmental assessment (EA), or by reliance on a categorical
exclusion (CE) (40 CFR 1501.3). If a proposed action is likely to have
significant environmental effects, the agency will prepare an EIS and
document its decision in a record of decision (40 CFR 1502, 1505.2). If
the proposed action is not likely to have significant environmental
effects or where the level of significance is unknown, the agency will
prepare an EA, which involves a more concise analysis and process than
an EIS (40 CFR 1501.5). Following preparation of an EA, the agency may
reach a finding of no significant impact if the analysis shows that the
action will have no significant effects (40 CFR 1501.6). If, following
preparation of an EA, the agency finds that the proposed action will
have significant effects, it will prepare an EIS before issuing any
decision to authorize the action (40 CFR 1501.6(a)(3)).
Under NEPA and the Council on Environmental Quality's implementing
regulations, a Federal agency can establish CEs--categories of actions
that the agency has determined normally do not significantly affect the
quality of the human environment--in its agency NEPA procedures 42
U.S.C. 4336(e)(1); 40 CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d). If an
agency determines that a CE covers a proposed action, the agency then
evaluates the proposed action for any extraordinary circumstances in
which a normally excluded action may have a significant effect (40 CFR
1501.4(b)). Responsible officials in the Forest Service evaluate
proposed actions for extraordinary circumstances in accordance with the
Forest Service's NEPA implementing regulations at 36 CFR 220.6. If no
extraordinary circumstances are found or if further analysis determines
that the extraordinary circumstances do not involve the potential for
significant environmental impacts, the agency may rely on the CE to
approve the proposed action without preparing an EA or an EIS (42
U.S.C. 4336(a)(2); 40 CFR 1501.4). If extraordinary circumstances
exist, the agency may nonetheless categorically exclude the proposed
action if it determines that there are means to avoid the impacts or
otherwise modify the action sufficient to avoid significant effects (40
CFR 1501.4(b)(1)).
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. 4336c). To adopt another agency's categorical exclusion
under section 109, the adopting agency: (1) identifies the relevant
categorical exclusion listed in another agency's (``establishing
agency'') NEPA procedures ``that covers a category of proposed actions
or related actions''; (2) consults with the establishing agency ``to
ensure that the proposed adoption of the categorical exclusion for a
category of actions is appropriate''; (3) ``identifies to the public
the categorical exclusion that the [adopting] agency plans to use for
its proposed actions''; and (4) ``documents adoption of the categorical
exclusion'' (see 42 U.S.C. 4336c).
The Forest Service's NEPA procedures are found at 36 CFR 220. These
procedures address compliance with NEPA. The Forest Service maintains a
list of categorical exclusions available at 36 CFR 220.6. Additional
NEPA policy is found in the Forest Service Handbook 1909.15, chapter
10.
This notice documents the Forest Service's adoption of the USGS
categorical exclusions 516 Departmental Manual 9.5 B, G, H, I, K, and
P.
II. Additional Considerations Related to Forest Service Categorical
Exclusions
1. Decision Memo
The Forest Service requires at 36 CFR 220.6(e) that, ``A supporting
record is required and the decision to proceed must be documented in a
decision memo for the categories of action in paragraphs (e)(1) through
(25) of this section.'' For all the categorical exclusions (CEs)
adopted in this notice, the Forest Service will require a
[[Page 79229]]
decision memo even if the originating agency's NEPA procedures do not
require it.
2. Extraordinary Circumstances
Forest Service NEPA regulations state that a CE may only be applied
``if there are no extraordinary circumstances related to the proposed
action'' and if the proposed action is within a CE listed within a
category as specified in regulations (36 CFR 220.6(a)). Forest Service
NEPA regulations list seven resource conditions that ``should be
considered in determining whether extraordinary circumstances related
to a proposed action warrant further analysis and documentation in an
EA or an EIS'' (36 CFR 220.6(b)).
For the CEs adopted from USGS and described in this notice, the
Forest Service will also apply the Department of the Interior's
extraordinary circumstances criteria set forth in 43 CFR 46.215(a)
through (l), which are slightly different from the Forest Service's
resource conditions that should be considered in evaluating
extraordinary circumstances.
III. Consultation With USGS on Categorical Exclusion Adoption
In June 2024 the Forest Service conducted consultation with the
USGS on adoption of their CEs 516 Departmental Manual 9.5 B, G, H, I,
K, and P. The USGS and Forest Service consultation included a review of
USGS experience developing and applying the CEs, as well as the types
of actions for which Forest Service plans to utilize the CEs. The
Forest Service actions would be similar to the type of projects for
which USGS has applied the CEs and therefore the effects of Forest
Service projects will be similar to the effects of USGS projects, which
are not significant, absent extraordinary circumstances. Therefore, the
Forest Service has determined that its proposed use of USGS CEs as
described in this notice is appropriate.
IV. Identification of USGS Categorical Exclusions
B. Collection of data and samples for geologic, palaeontologic,
hydrologic, mineralogic, geochemical and surface or subsurface
geophysical investigations, and resource evaluation, including
contracts therefor.
G. Test or exploration drilling and downhole testing, including
contracts therefor.
H. Establishment of survey marks, placement and operation of field
instruments, and installation of any research/monitoring devices.
I. Digging and subsequent site restoration of exploratory trenches
not to exceed one acre of surface disturbance.
K. Off-road travel to drilling, data collection or observation
sites which does not impact ecologically sensitive areas such as
wilderness areas, wetlands, or areas of critical habitat for listed
endangered or threatened species.
P. Minor activities required to gain or prepare access to sites
selected for completion of exploration drilling operations or
construction of stations for hydrologic, geologic, or geophysical data
collection.
Dated: September 23, 2024.
Jacqueline Emanuel,
Associate Deputy Chief, National Forest System.
[FR Doc. 2024-22154 Filed 9-26-24; 8:45 am]
BILLING CODE 3411-15-P
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