Notice2024-26036
Adoption of Categorical Exclusions Under Section 109 of the National Environmental Policy Act
Primary source
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Published
November 8, 2024
Effective
November 8, 2024
Issuing agencies
Agriculture DepartmentForest Service
Abstract
The U.S. Department of Agriculture, Forest Service, is adopting multiple categorical exclusions (CEs) from the Department of the Interior, Bureau of Land Management (BLM) and Department of Energy (DOE) 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 217 (Friday, November 8, 2024)</title>
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[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88717-88719]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26036]
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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.
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SUMMARY: The U.S. Department of Agriculture, Forest Service, is
adopting multiple categorical exclusions (CEs) from the Department of
the Interior, Bureau of Land Management (BLM) and Department of Energy
(DOE) 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 CE adoptions take effect on November 8, 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#ea8b848e988f8bc49a8b82868f9c8b849a859f98aa9f998e8bc48d859c"><span class="__cf_email__" data-cfemail="5b3a353f293e3a752b3a33373e2d3a352b342e291b2e283f3a753c342d">[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,
40 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 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
[[Page 88718]]
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 part 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 at FSH
1909.15, chapter 10.
This notice documents the Forest Service's adoption of the BLMs CEs
listed at 516 Departmental Manual (DM) 11.9E(12), (13), (17) and 11.9F
(10) and DOEs CEs listed at appendix B of 10 CFR part 1021, subpart D,
B4. (6), (11), (12), (13), and (16).
II. Additional Considerations Related to the Forest Service CEs
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 CEs adopted in this notice, the
Forest Service will require a 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 BLM 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). For
the CEs adopted from DOE the Forest Service will also apply DOEs
extraordinary circumstances set forth in 10 CFR 1021.410(b)(2).
III. Consultation With BLM and DOE on CE Adoption
In July and August of 2024, the BLM and Forest Service had several
meetings to discuss the adoption of aforementioned categorical
exclusions. The Forest Service' intended uses of E12, E13, E17 and F10
are consistent with the way the BLM has been relying on these CEs. The
Forest Service explained that the agency intends to rely on the CEs in
the following manner: examples of how E12 would be used include, but
are not limited to, supporting the installation of broadband, roads,
pipelines, powerlines, irrigation water transportation, and approving
Special Use Permits (SUP) for areas within existing SUP locations.
Examples of how Forest Service intends to use E13 include, but are not
limited to, road expansions and upgrades, powerline upgrades and
additions, and broadband upgrades. CE E17 would be used to support
installation of short SUPs like broadband, power lines, telephone
lines, and roads related to utilities, and terminal access roads to
residences, water wells, and outbuildings. CE F10 would be used
consistent with the scope of the CE to support removal of mineral
materials within the existing limits described in the CE text.
Therefore, the Forest Service has determined that its proposed use of
BLMs CEs as described in this notice is appropriate.
In July and August of 2024, the Forest Service and DOE consulted on
the uses for CEs at appendix B of 10 CFR part 1021, subpart D, B4. (6),
(11), (12), (13), and (16) and concluded that Forest Service intended
uses are consistent with the intended uses of these categories.
IV. Identification of BLM and DOE CEs
BLM
516 DM 11.9E(12)
Grants of right-of-way wholly within the boundaries of other
compatibly developed rights-of-way.
516 DM 11.9E(13)
Amendments to existing rights-of-way, such as the upgrading of
existing facilities, which entail no additional disturbances outside
the right-of-way boundary.
516 DM 11.9E(17)
Grant of a short rights-of-way for utility service or terminal
access roads to an individual residence, outbuilding, or water well.
516 DM 11.9F(10)
Disposal of mineral materials, such as sand, stone, gravel, pumice,
pumicite, cinders, and clay, in amounts not exceeding 50,000 cubic
yards or disturbing more than 5 acres, except in riparian areas.
DOE
B4.6
Additions and Modifications to Transmission Facilities--Additions
or modifications to electric power transmission facilities within a
previously disturbed or developed facility area. Covered activities
include, but are not limited to, switchyard rock grounding upgrades,
secondary containment projects, paving projects, seismic upgrading,
tower modifications, load shaping projects (such as reducing energy use
during periods of peak demand), changing insulators, and
[[Page 88719]]
replacement of poles, circuit breakers, conductors, transformers, and
crossarms.
B4.11
Electric power substations and interconnection facilities--
Construction or modification of electric power substations or
interconnection facilities (including, but not limited to, switching
stations and support facilities).
B4.12
Construction of powerlines--Construction of electric powerlines
approximately 10 miles in length or less, or approximately 20 miles in
length or less within previously disturbed or developed powerline or
pipeline rights-of-way.
B4.13
Upgrading and Rebuilding Existing Powerlines--Upgrading or
rebuilding existing electric powerlines, which may involve relocations
of small segments of the powerlines within an existing powerline right-
of-way or within otherwise previously disturbed or developed lands (as
discussed at 10 CFR 1021.410(g)(1)). Upgrading or rebuilding existing
electric powerlines also may involve widening an existing powerline
right-of-way to meet current electrical standards if the widening
remains within previously disturbed or developed lands and only extends
into a small area beyond such lands as needed to comply with applicable
electrical standards. Covered actions would be in accordance with
applicable requirements, including the integral elements listed at the
start of appendix B of this part; and would incorporate appropriate
design and construction standards, control technologies, and best
management practices. This categorical exclusion does not apply to
underwater powerlines. As used in this categorical exclusion, ``small''
has the meaning discussed at 10 CFR 1021.410(g)(2).
B5.16
Solar Photovoltaic Systems--(a) The installation, modification,
operation, or decommissioning of commercially available solar
photovoltaic systems: (1) Located on a building or other structure
(such as rooftop, parking lot or facility, or mounted to signage,
lighting, gates, or fences); or (2) Located within a previously
disturbed or developed area. (b) Covered actions would be in accordance
with applicable requirements (such as land use and zoning requirements)
in the proposed project area and the integral elements listed at the
start of appendix B of this part and would be consistent with
applicable plans for the management of wildlife and habitat, including
plans to maintain habitat connectivity, and incorporate appropriate
control technologies and best management practices.
Dated: November 5, 2024.
Jacqueline Emanuel,
Associate Deputy Chief, National Forest System.
[FR Doc. 2024-26036 Filed 11-7-24; 8:45 am]
BILLING CODE 3411-15-P
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