Notice2024-29437
Notice of Adoptions of a Categorical Exclusion Under Section 109 of the National Environmental Policy Act
Primary source
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Published
December 13, 2024
Effective
December 13, 2024
Issuing agencies
Interior Department
Abstract
The U.S. Department of the Interior (Department) is notifying the public and documenting the adoption of a National Park Service (NPS) categorical exclusion (CE) for invasive species management by seven other Department bureaus or offices (adopting bureaus). NPS and the adopting bureaus manage or provide funding to manage invasive species, which the NPS CE facilitates. These adopting bureaus are: the Bureau of Land Management, the Bureau of Reclamation, the U.S. Fish and Wildlife Service, the U.S. Geological Survey, the Office of Insular Affairs, the Bureau of Indian Affairs, and the Office of Surface Mining Reclamation and Enforcement. In accordance with section 109 of the National Environmental Policy Act, this notice identifies the types of actions to which the adopting bureaus will apply the CE; the considerations that the adopting bureaus will use in determining the applicability of the CE; the consultation between and among the Department, the adopting bureaus, and NPS on the use of the CE; and the application of extraordinary circumstances.
Full Text
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<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 101040-101042]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29437]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[XXXD4523WT; DWT000000.000000; DP61201; DS61200000]
Notice of Adoptions of a Categorical Exclusion Under Section 109
of the National Environmental Policy Act
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
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SUMMARY: The U.S. Department of the Interior (Department) is notifying
the public and documenting the adoption of a National Park Service
(NPS) categorical exclusion (CE) for invasive species management by
seven other Department bureaus or offices (adopting bureaus). NPS and
the adopting bureaus manage or provide funding to manage invasive
species, which the NPS CE facilitates. These adopting bureaus are: the
Bureau of Land Management, the Bureau of Reclamation, the U.S. Fish and
Wildlife Service, the U.S. Geological Survey, the Office of Insular
Affairs, the Bureau of Indian Affairs, and the Office of Surface Mining
Reclamation and Enforcement. In accordance with section 109 of the
National Environmental Policy Act, this notice identifies the types of
actions to which the adopting bureaus will apply the CE; the
considerations that the adopting bureaus will use in determining the
applicability of the CE; the consultation between and among the
Department, the adopting bureaus, and NPS on the use of the CE; and the
application of extraordinary circumstances.
DATES: The adoptions are effective December 13, 2024.
FOR FURTHER INFORMATION CONTACT: Hilary Smith, Senior Advisor for
Invasive Species, Office of Policy Analysis, at
<a href="/cdn-cgi/l/email-protection#1c7475707d6e65436f717568745c75736f32787375327b736a"><span class="__cf_email__" data-cfemail="3f5756535e4d46604c52564b577f56504c115b505611585049">[email protected]</span></a> or 202-763-3118.
SUPPLEMENTARY INFORMATION:
Background
Program Background
The Department, through its bureaus, has been managing invasive
species on Federal lands for more than 70 years. The bureaus also
provide Federal financial assistance to Tribal, Territorial, State, and
local governments for invasive species control and eradication outside
of lands managed by the bureaus. However, significant challenges remain
in addressing both established and newly arriving invasive species.
Currently, less than one percent of invasive plant populations and
about 10 percent of invasive animal populations on Department-managed
lands are under control. The impacts of invasive species are likely to
increase in the coming decades. This is due in part to the growing
global movement of people and materials and increased tourism and
trade. In addition, a changing climate alters weather patterns,
precipitation, and extreme weather events. Those changes disrupt
ecosystems and make them more susceptible to biological invasions.
In some areas managed by the Department's bureaus, invasive species
have become dominant, leading to significant ecosystem degradation.
Controlling these species is one of the greatest challenges in land
management. Left unmanaged, invasive species can create dense
infestations that degrade soil productivity, reduce livestock forage
quality, harm water quality and availability, reduce native species
diversity, and negatively impact wildlife habitat quality. These
changes can also lower wilderness values and impact recreational
opportunities.
The Department is adopting a NPS CE for invasive species management
for use by the Bureau of Land Management, the Bureau of Indian Affairs,
the Bureau of Reclamation, the U.S. Fish and Wildlife Service, the
Office of Insular Affairs, the U.S. Geological Survey, and the Office
of Surface Mining Reclamation and Enforcement to support the adopting
bureaus' efforts to more effectively and efficiently control and
eradicate invasive species. NPS is a bureau within the Department. NPS
actions and best practices related to invasive species management are
similar to those actions and best practices conducted by the adopting
bureaus in the Department. In addition, like NPS, other adopting
bureaus' implementation of proposed actions would need to be consistent
with the Department's Invasive Species Policy (part 524 of the
Departmental Manual chapter 1, (524 DM 1)), and Integrated Pest
Management Policy (517 DM 1).
National Environmental Policy Act and Categorical Exclusions
The National Environmental Policy Act, as amended, at 42 U.S.C.
4321-4347 (NEPA), 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 NEPA aims 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. 42 U.S.C. 4331. The NEPA created the Council on
Environmental Quality (CEQ), which promulgated NEPA implementing
regulations, 40 CFR parts 1500 through 1508 (CEQ NEPA regulations).
Under the NEPA and CEQ's NEPA regulations, a Federal agency can
establish CEs--categories of actions that normally do not have
significant effect on the human environment, individually or in the
aggregate, and therefore do not require the preparation of an
environmental assessment (EA) or an environmental impact statement
(EIS)--in their agency NEPA procedures. 42 U.S.C. 4336(e)(1); 40 CFR
1501.4, 1507.3, 1508.1(e). If an agency determines that a CE 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 exist, the agency may apply the CE to the proposed action
without preparing an EA or EIS. 42 U.S.C. 4336(a)(2), 40 CFR 1501.4.
Section 109 of the NEPA, enacted as part of the Fiscal
Responsibility Act of 2023, allows a Federal agency to ``adopt'' or
rely on another agency's CE for a category of proposed agency actions.
42 U.S.C. 4336(c). To use another agency's CEs under section 109, the
adopting agency must identify the relevant CEs listed in another
agency's (``establishing agency'') NEPA procedures that cover the
adopting agency's category of proposed actions or related actions;
consult with the establishing agency to ensure that the
[[Page 101041]]
proposed adoption of the CE for a category of actions is appropriate;
identify to the public the CE that the adopting agency plans to use for
its proposed actions; and document adoption of the CE. 42 U.S.C. 4336c.
The Department has prepared this notice to meet the applicable
statutory requirements for the adoption of the NPS CE by the adopting
bureaus and to notify the public.
The Department's NEPA procedures are codified at 43 CFR part 46.
These procedures address compliance with the NEPA. The Department's
protocol for application of CEs is at 43 CFR 46.205. The Department's
CEs available to all bureaus within the Department are listed in 43 CFR
46.210. Additional Department-wide NEPA policy is found in the
Department's Departmental Manual (DM), in chapters 1 through 4 of part
516. Supplementary NEPA procedures for the Department's bureaus are
published in additional chapters in part 516 of the DM. The NPS's NEPA
procedures are provided in the DM part 516 Chapter 12 (516 DM 12).
Categorical Exclusion Adopted
The adopting bureaus identified the following NPS CE, found in 516
DM 12, for adoption and uses:
E.6. Restoration of noncontroversial native species into suitable
habitats within their historic range and elimination of exotic species.
The CE will be added to the NEPA DM chapters for Bureau of Land
Management, the Bureau of Indian Affairs, the Bureau of Reclamation,
the U.S. Fish and Wildlife Service, the Office of Insular Affairs, the
U.S. Geological Survey, and the Office of Surface Mining Reclamation
and Enforcement.
Consultation With NPS and Determination of Appropriateness
In January and July 2024, the Department and its adopting bureaus
consulted with NPS regarding the suitability of the Department's
adoption of the CE for use by those other bureaus. The consultation
included a review of NPS's experience applying the CE, as well as the
types of actions the adopting bureaus intend to rely on the CE to
support.
The NPS CE provides for restoration of native species within their
historic range. The NPS CE also includes the removal of exotic species.
The NPS CE uses the term ``exotic species.'' Exotic Species is
synonymous with the terms ``non-native'' or ``alien,'' which refers to
an organism, including its seeds, eggs, spores, or other biological
material capable of propagating that species, that occurs outside of
its natural range (definition in Executive Order (E.O.) 13112 (amended
by E.O. 13751)). When NPS established the CE in 1984, the term ``exotic
species'' was the common term used; today the common term used is
``invasive species,'' and the adopting bureaus will rely on the CE to
support projects conducted for the management of invasive species. E.O.
13751 defines invasive species to mean, ``with regard to a particular
ecosystem, a non-native organism whose introduction causes or is likely
to cause economic or environmental harm, or harm to human, animal, or
plant health.''
Since 1984, the NPS has relied on this CE to conduct actions
including physical control, pesticide applications, and the use of
biological control organisms to manage invasive species. The NPS relies
on this CE to conduct the types of actions listed below approximately
80 times each year. Invasive species such as salt cedar (Tamarisk
spp.), Japanese honeysuckle (Lonicera japonica), kudzu (Pueraria
montana), Chinese privet (Ligustrum sinense), Burmese python (Python
bivittatus), feral hogs (Sus scrofa), cape ivy (Delairea odorata),
French broom (Genista monspessulana), Scotch broom (Cytisus scoparius),
capeweed (Arctotheca calendula), European beachgrass (Ammophila
arenaria), Lehmann lovegrass (Eragrostis lehmanniana), tree-of-heaven
(Ailanthus altissima), black acacia (Acacia mearnsii), non-native
trout, and many others have been removed through chemical, mechanical,
and biocontrol methods in NPS units. In many instances, the removal of
invasive species has led to landscape improvements. The work has
encouraged growth of native species and allowed parks to successfully
reintroduce native species to their historical range. Removal of
invasive plants has allowed parks to plant or relocate native grasses,
vegetation, or trees such as Sonoma spineflower (Chorizanthe valida),
red osier dogwood (Cornus sericea), juniper (Juniperus communis),
buffalo grass (Bouteloua dactyloides), blue grama (Bouteloua gracilis),
and blackbrush (Coleogyne ramosissima). Removal of invasive species has
also improved ecosystems to allow reintroduction of fish and amphibians
such as the humpback chub (Gila cypha), bonytail chub (Gila elegans),
cutthroat trout (Oncorhynchus clarkii), relict leopard frog (Lithobates
onca), and California treefrog (Pseudacris cadaverine)--some of which
were considered endangered or threatened.
The NPS has also used biological control methods where appropriate
to control invasive species effectively. Known predators of invasive
species have been released to control the spread of invasive species
without harming the natural ecosystem. For example, purple loosestrife
(Lythrum salicaria) infestations have been controlled by releasing leaf
beetles (Galerucella spp.) and pine weevils (Hylobius spp.). Mile-a-
minute vines (Persicaria perfoliata) have been reduced by releasing a
weevil (Rhinoncomimus latipes) in Shenandoah National Park. In both
instances, the biological control species caused no harm to the natural
environment and prevented further spread of invasive species. The
introduction of predator species has been used many times in various
locations to successfully control invasive species when mechanical or
chemical removal was not possible.
The adopting bureaus intend to apply this CE to invasive species
management in several ways: to actions undertaken directly by the
adopting bureaus identified above; to actions requiring an approval by
these adopting bureaus; or to funding for invasive species management
made available by these adopting bureaus. The types of actions
addressed by the CE include control or eradication of invasive species
(such as invasive plants, trees, and shrubs; invasive invertebrates;
invasive mammals; and invasive pathogens) as part of efforts to control
or eradicate ongoing invasive species infestations or to respond to
newly detected invasive species, using biological, cultural, physical
(manual or mechanical), and chemical methods per Department policies
and procedures listed below. Consistent with NPS's use of the CE, these
adopting bureaus could rely on the CE to conduct projects for the
control or eradication of terrestrial or aquatic invasive plants,
terrestrial or aquatic invasive animals, and terrestrial or aquatic
invasive pathogens.
Like NPS, any actions undertaken by an adopting bureau would be
regulated and guided by existing Department and bureau policies,
internal review and approval processes, and State and Federal laws and
regulations, including the NEPA. Use of this CE would require local,
site-specific environmental review of the proposed action to determine
if reliance on the CE is appropriate, complies with the Endangered
Species Act section 7(a)(2), and adheres to existing laws and bureau
policies.
Actions must be applied as part of an integrated pest management
approach (IPM). Consistent with 517 DM 1, Integrated Pest Management
Policy, the
[[Page 101042]]
Department manages invasive species by following IPM principles. IPM is
defined as a sustainable approach to managing invasive species by a
combination of biological, physical, and chemical methods that
minimizes economic, health, and environmental risks (Federal
Insecticide, Fungicide, and Rodenticide Act [FIFRA, 7 U.S.C. 136r-1]).
IPM is a science-based decision-making process that guides bureaus when
investigating a pest situation. Following IPM principles means acting
in a manner that reduces risks from both the target species and
associated management activities. The IPM approach determines the most
appropriate and cost-effective management solution for the specific
situation. IPM reduces risks to people, resources, and the environment
from pests and from the strategies used to manage them. Biological
control methods include using predators, parasites, pathogens, and
grazing animals. Physical methods include using manual and mechanical
methods. Chemical methods include the application of pesticides. Any
application of chemicals must be approved through the respective
bureau's pesticide use proposal process. It must also adhere to
pesticide label requirements as approved by the U.S. Environmental
Protection Agency and all other applicable Federal, Tribal,
Territorial, State, local, and agency regulations and bureau policies
pertaining to application, handling, storage, and transportation. The
pesticide use proposal systems at each bureau function to reduce risks
to the public, bureau resources, and the environment from pests and
pest-related management strategies. Each time a pesticide is used
within the Federal boundaries that usage must be reviewed by a bureau
subject matter expert. The internal review is determined by the type of
pesticide, the site where its use is proposed, the target species, and
many other criteria.
Actions conducted by other bureaus within the Department for
invasive species management are similar to the type of actions that NPS
conducts. Therefore, the impacts of the adopting bureaus' actions are
anticipated to be similar to the impacts of NPS actions, which are not
significant, absent the existence of extraordinary circumstances. The
Department has determined that the adopting bureaus' proposed adoption
of the CE as described in this notice is appropriate.
Consideration of Extraordinary Circumstances
As NPS does when applying this CE, Responsible Officials within the
adopting bureaus will evaluate the proposed actions to determine
whether there are any extraordinary circumstances, listed at 43 CFR
46.215, that would preclude reliance on the CE. The extraordinary
circumstances include, in part, consideration of impacts on public
health and safety; natural resources and unique geographic
characteristics as historic or cultural resources; park, recreation, or
refuge lands; wilderness areas; wild or scenic rivers; national natural
landmarks, sole or principal drinking water aquifers; prime farmlands;
wetlands; floodplains; national monuments; migratory birds; and other
ecologically significant or critical areas; unresolved conflicts
concerning alternative uses of available resources; unique or unknown
environmental risks; precedent for future decision-making; historic
properties; listed species or critical habitat; low income or minority
populations; access by Indian religious practitioners to, and for
ceremonial use of, Indian sacred sites and the physical integrity of
those sites; and contribution to the introduction, continued existence,
or spread of invasive plants or non-native invasive species. The
Department's list of extraordinary circumstances is used by all bureaus
within the Department. Therefore, Responsible Officials in the adopting
bureaus intending to rely on this CE will review whether the proposed
action has the potential to result in significant effects, as described
in the Department's extraordinary circumstances. If the Responsible
Official cannot rely on a categorical exclusion to support a decision
on a particular proposed action due to extraordinary circumstances, the
Responsible Official will prepare an EA or EIS, consistent with 40 CFR
1501.4(b)(2) and 43 CFR 46.205(c).
Notice to the Public and Documentation of Adoption
This notice identifies to the public that seven Department bureaus
are adopting the NPS's CE used for invasive species control and
eradication (E.6 Restoration of noncontroversial native species into
suitable habitats within their historic range and elimination of exotic
species.). The CE will be available to use by the adopting bureaus that
undertake or fund invasive species management--the Bureau of Land
Management, the Bureau of Indian Affairs, the Bureau of Reclamation,
the U.S. Fish and Wildlife Service, the Office of Insular Affairs, the
U.S. Geological Survey, and the Office of Surface Mining Reclamation
and Enforcement, in addition to NPS. The notice identifies the types of
actions to which the bureaus within the Department will apply the CE,
as well as the considerations these bureaus will use in determining
whether an action is within the scope of the CE. This documentation of
the approved adoption is available at <a href="https://www.doi.gov/oepc/nepa/categorical-exclusions">https://www.doi.gov/oepc/nepa/categorical-exclusions</a> and will also be made available on each adopting
bureau's web page for CE adoptions. The adopting bureaus will add the
adopted CE to their applicable NEPA chapters in part 516 of the DM.
Authorities
National Environmental Policy Act of 1969, as amended (42 U.S.C.
4321 et seq.).
Stephen G. Tryon,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2024-29437 Filed 12-12-24; 8:45 am]
BILLING CODE 4334-20-P
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