Notice2025-01057
Notice of Adoption of Categorical Exclusions under Section 109 of the National Environmental Policy Act
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Published
January 16, 2025
Effective
January 16, 2025
Issuing agencies
Interior Department
Abstract
The Department of the Interior (Department) is notifying the public and documenting the adoption of 11 Department of Energy (DOE) and 6 National Telecommunications Information Administration (NTIA) categorical exclusions (CXs) for use by the Bureau of Land Management (BLM) and the Bureau of Indian Affairs (BIA), under section 109 of the National Environmental Policy Act (NEPA). In accordance with section 109, this notice identifies the types of actions for which the BLM and BIA will rely on the CXs, the considerations that the BLM and BIA will use in determining the applicability of the CXs, and the consultation between the agencies on the use of the CXs, including application of extraordinary circumstances.
Full Text
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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Notices]
[Pages 4774-4777]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01057]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[MO 4500183156]
Notice of Adoption of Categorical Exclusions under Section 109 of
the National Environmental Policy Act
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
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SUMMARY: The Department of the Interior (Department) is notifying the
public and documenting the adoption of 11 Department of Energy (DOE)
and 6 National Telecommunications Information Administration (NTIA)
categorical exclusions (CXs) for use by the Bureau of Land Management
(BLM) and the Bureau of Indian Affairs (BIA), under section 109 of the
National Environmental Policy Act (NEPA). In accordance with section
109, this notice identifies the types of actions for which the BLM and
BIA will rely on the CXs, the considerations that the BLM and BIA will
use in determining the applicability of the CXs, and the consultation
between the agencies on the use of the CXs, including application of
extraordinary circumstances.
DATES: The adoption is effective January 16, 2025.
FOR FURTHER INFORMATION CONTACT: BLM: Amelia Savage, Senior Planning
and Environmental Analyst, Division of Support, Planning and NEPA,
<a href="/cdn-cgi/l/email-protection#3f5e534c5e495e585a7f5d535211585049"><span class="__cf_email__" data-cfemail="c7a6abb4a6b1a6a0a287a5abaae9a0a8b1">[email protected]</span></a>, telephone (480) 307-8665. BIA: Chester McGhee, Branch
Chief, Environmental Services, <a href="/cdn-cgi/l/email-protection#51323934222534237f3c3236393434113338307f363e27"><span class="__cf_email__" data-cfemail="15767d70666170673b7876727d707055777c743b727a63">[email protected]</span></a>, telephone (615)
289-3390.
SUPPLEMENTARY INFORMATION:
Background
Program Background
1. Realty
The BLM and BIA realty programs process applications for rights-of-
way or other land use authorizations that facilitate commercial, non-
commercial, recreational, and conservation activities including
communication sites, transmission lines, fiber optic infrastructure,
and renewable energy.
2. Recreation
The BLM's recreation program supports and delivers a wide variety
of recreational experiences including, but not limited to, camping,
hunting, fishing, hiking, horseback riding, off-highway vehicle
driving, mountain biking, bird watching, and various winter sports. The
program manages over 4,000 recreation sites and associated facilities,
in addition to over 400 fee sites. An estimated 82 million visitors
enjoy outdoor recreation on BLM-managed public lands every year. The
recreation program also supports the bureau's travel and transportation
management program, which includes trails, roads, primitive roads, and
associated parking lots and trail heads.
3. Resource Protection
The BLM's and BIA's Wildlife and Cultural Heritage Programs manage
wildlife habitat to help ensure self-sustaining, abundant, and diverse
populations of wildlife on public and Tribal lands and preserve public
and Tribal lands and their resources that are important to the public
and to American Indian and Alaska Native communities to ensure that
current and future generations retain the ability to connect to their
natural and cultural heritage.
4. Minerals
The BLM manages Federal mineral resources pursuant to the Mineral
Leasing Act of 1920 (MLA), 30 U.S.C. 181 et seq., and other legal
authorities.
BIA is authorized to approve leases for exploration, extraction of,
or removal
[[Page 4775]]
of certain minerals on Indian Lands under the Indian Mineral Leasing
Act of 1938 (IMLA); the Act of March 3, 1909; the Indian Mineral
Development Act of 1982 (IMDA); and other Tribe-specific statutes. BIA
regulations implementing the IMLA, the 1909 Act, and the IMDA are found
at 25 CFR parts 211, 212, and 225, respectively.
National Environmental Policy Act and Categorical Exclusions
NEPA as amended at, 42 U.S.C. 4321-4347, 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. 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 those processes. 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 NEPA and the CEQ's NEPA implementing regulations, a Federal
agency can establish CXs--categories of actions that normally do not
have a significant effect on the human environment, individually or in
the aggregate, and therefore do not require 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 CX 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, the agency may apply the CX to the proposed
action without preparing an EA or EIS. 42 U.S.C. 4336(a)(2), 40 CFR
1501.4.
Section 109 of NEPA, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to ``adopt'' or another agency's
CX for a category of proposed agency actions. 42 U.S.C. 4336(c). To
rely on another agency's CXs under Section 109, the adopting agency
must identify the relevant CX 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 proposed adoption of the CX
for a category of actions is appropriate; identify to the public the CX
that the adopting agency plans to use for its proposed actions; and
document adoption of the CX. 42 U.S.C. 4336c. The BLM and BIA have
prepared this notice to describe how they have met applicable statutory
requirements for the adoption of 17 CXs and to notify the public of
these adoptions. Eleven of these CXs were established by DOE: 10 CFR
part 1021, subpart D, appendix B, paragraphs B1.11, B1.13, B1.19,
B1.20, B4.6, B4.7, B4.13, B4.14, B5.12, B5.16, and B5.23. Six of these
CXs were established by NTIA: 89 FR 22688, April 2, 2024, Categorical
Exclusions, Operational, C-2, C-4, C-5, C-6, C-7, and C-8.
The Department's NEPA procedures, codified at 43 CFR part 46,
address compliance with NEPA. The Department's protocol for application
of CXs is at 43 CFR 46.205. The Department's CXs 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. Chapter 10 and 11 of the 516 DM covers
the BIA's and the BLM's NEPA procedures, respectively. The BLM CXs are
listed in 516 DM 11.9 and BIA's CXs are listed in 516 DM 10.5.
Categorical Exclusions That Are Adopted
The BLM and BIA have identified the DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.11, regarding installation of
fencing, for adoption. Examples of actions for which BLM and BIA
programs would rely on the CX include, but are not limited to,
installation of fences to mark the boundary of facilities such as
visitor centers, recreation sites, or communication sites; along
highways to guide wildlife to safe passages to facilitate migration;
and to protect resources.
The BLM and BIA have identified the DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.13, regarding pathways, short
access roads, and rail lines, for adoption. Examples of actions for
which the BLM's and BIA's recreation and realty programs would rely on
the CX include, but are not limited to, construction of walkways and
trails, bicycle paths, small outdoor fitness areas, and short access
roads and rail lines.
The BLM and BIA have identified the DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.19, regarding microwave,
meteorological, and radio towers, for adoption. Examples of actions for
which the BLM's and BIA's realty programs would rely on the CX include,
but are not limited to, modification, operation, and removal of
existing communications facilities and associated infrastructure. BIA
would rely on this CX for associated approvals for siting or
construction of a new communication facility, but the BLM would not
rely on this CX to site or construct a new communication facility. BIA
would rely on this CX to approve Wind Energy Evaluation Leases.
Additionally, the BLM and BIA may rely on this CX to authorize new land
uses that support adjacent communications facilities. The reference to
B(4)(iv) in this CX is for DOE's ``Integral Elements''.
The BLM and BIA have identified the DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.20, regarding protection of
cultural resources, fish and wildlife habitat, for adoption. Examples
of actions for which the BLM's and BIA's cultural heritage, wildlife,
fisheries, and other programs would rely on the CX include, but are not
limited to, small habitat restoration projects, fencing for resource
protection, and installation of fish passage structures.
The BLM and BIA have identified the DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B4.6, regarding additions and
modifications to transmission facilities, for adoption. Examples of
actions for which the BLM and BIA would rely on this CX include, but
are not limited to, transmission line reconductoring to upgrade
facilities, replacing damaged insulators, installing fire monitoring
equipment, and paving of roads to access transmission lines in
previously disturbed or developed facility areas.
The BLM and BIA have identified the DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B4.7, regarding adding fiber
optic cables, for adoption. Examples of actions for which the BLM and
BIA would rely on this CX include, but are not limited to, installing
fiber optic lines within existing rights-of-ways, or previously
disturbed utility corridors, and associated vaults and pulling and
tensioning sites outside of rights-of-way in nearby previously
disturbed or developed areas.
The BLM and BIA have identified the DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B4.13, regarding upgrading and
rebuilding existing powerlines, for adoption. Examples of actions for
which the BLM and BIA would rely on this CX include, but are not
limited to, upgrading or rebuilding existing powerlines, replacing
poles to different material, and placing emergency control and fault
[[Page 4776]]
notification equipment on poles within existing powerline right-of-way
or within otherwise previously disturbed or developed lands.
Additionally, powerlines would be upgraded or rebuilt within the
existing right-of-way boundary and could extend into a small (as
discussed at 10 CFR 1021.410(g)(2)) area beyond such lands as needed to
comply with applicable electrical standards. The BLM and BIA would
incorporate appropriate design and construction standards, control
technologies, and best management practices into the authorizations.
The BLM and BIA have identified the DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B4.14, regarding construction
and operation of electrochemical-battery or flywheel energy storage
systems, for adoption. Examples of actions for which BLM and BIA would
rely on this CX include, but are not limited to, construction,
operation, upgrading, retrofitting, and decommissioning of
electrochemical-battery or flywheel energy storage systems within a
previously disturbed or developed area or within a small area
contiguous to a previously disturbed or developed area consistent with
the text of the CX, such as for installation of back up battery systems
for wind and solar energy generation and at communication facilities.
The BLM and BIA have identified the DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B5.12, regarding workover of
existing wells, for adoption. Examples of actions for which the BLM and
BIA would rely on the CX include, but are not limited to, projects
involving the reuse of existing well facilities for in situ recovery of
locatable and non-energy leasable minerals such as lithium or similar
mineral bearing brines, sedimentary aquifer hosted uranium deposits, or
subsurface non-energy leasable resources, and conversion of existing
wells to aid in carbon sequestration consistent with the CX text.
The CX refers to DOE best practices and protocols, which refer to
conditions that DOE places on the conduct of work. These conditions are
specific to the type and location of the project. ``Best management
practices'' are not specified in the CXs because they change over time
and vary by location and technology. The BLM and BIA would use their
respective best management practices and industry standards when using
CXs that mention ``best practices and protocols.''
The BLM and BIA have identified the DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B5.16, regarding solar
photovoltaic systems, for adoption. Examples of actions for which the
BLM and BIA would rely on the CX include, but are not limited to,
installation of solar photovoltaic systems on or adjacent to existing
facilities (i.e., recreation sites, fire annex buildings, and other BLM
and BIA owned facilities). Additionally, BIA would rely on this CX for
construction of solar photovoltaic systems on previously disturbed or
developed lands.
The BLM and BIA have identified the DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B5.23, regarding electric
vehicle charging stations, for adoption. Examples of actions for which
the BLM and BIA would rely on the CX include, but are not limited to,
installation of electric vehicle charging stations at BLM and BIA
facilities, rest stops, or on Indian lands.
The BLM and BIA have identified the NTIA CX, found at 89 FR 22688,
Categorical Exclusions, Operational, C-2, regarding outdoor research
activities, for adoption. Examples of actions for which the BLM and BIA
would rely on this CX include, but are not limited to, the examples
listed in the CX text, as well as geotechnical surveys to properly site
facilities and structures.
The BLM and BIA have identified the NTIA CX, found at 89 FR 22688,
Categorical Exclusions, Operational, C-4, regarding new construction or
improvement of non-tower structures, for adoption. Examples of actions
for which the BLM and BIA would rely on this CX include, but are not
limited to, addition of equipment and structures (such as emergency
power facilities) to support existing communication facilities and new
construction of facilities that support communication systems, within a
previously disturbed area that cause no more than 1 acre of
disturbance.
The BLM and BIA have identified the NTIA CX, found at 89 FR 22688,
Categorical Exclusions, Operational, C-5, regarding existing microwave
or radio communication facilities, for adoption. Examples of actions
for which the BLM and BIA would rely on this CX include, but are not
limited to, installing, operating, maintaining, retrofitting,
upgrading, repairing, removing, and/or replacing infrastructure
(examples listed in CX text) within an existing communication facility.
The BLM and BIA have identified the NTIA CX, found at 89 FR 22688,
Categorical Exclusions, Operational, C-6, regarding new construction or
improvement of temporary buildings or experimental equipment, for
adoption. Examples of actions for which the BLM and BIA would rely on
this CX include, but are not limited to, new construction or
improvement of temporary buildings or experimental equipment such as
installation of small instrument panels and other small facilities
outside the existing communication facility, installation of buildings
that will aid in carbon sequestration, and seismic testing stations on
previously disturbed ground consistent with the CX text.
The BLM and BIA have identified the NTIA CX, found at 89 FR 22688,
Categorical Exclusions, Operational, C-7, regarding new construction of
self-supporting wireless communication towers, for adoption. Examples
of actions for which the BLM and BIA would rely on this CX include, but
are not limited to, support for approval of the installation of
communication towers to aid in placement of wind turbines and
installation of self-supporting towers within an existing communication
site, consistent with the CX text.
The BLM and BIA have identified the NTIA CX, found at 89 FR 22688,
Categorical Exclusions, Operational, C-8, regarding aerial or buried
utility communication and security systems, for adoption. Examples of
actions for which the BLM and BIA would rely on this CX include, but
are not limited to, support for approval of installation,
reconstruction, replacement and operation of water, sewer, electrical,
other utilities, and fiber optic cables that are within existing
rights-of-ways, easements, grants of license, distribution systems,
facilities, or similar arrangements, such as previously disturbed
areas.
Consultation With DOE and NTIA and Determination of Appropriateness
The BLM and BIA consulted with DOE and NTIA on the appropriateness
of the adoption of these CXs for the BLM's and BIA's use in September
and October 2024. The consultations included a review of DOE's and
NTIA's experience developing and applying these CXs, as well as the
types of actions for which the BLM and BIA plan to utilize the CXs. The
BLM and BIA actions are similar in type and scope to the actions that
DOE and NTIA conduct and therefore the effects of the BLM's and BIA's
actions are expected to be similar to the effects of DOE and NTIA
actions, which are not significant, assuming compliance with all
applicable conditions and absent the existence of extraordinary
circumstances. DOE regulations at 10 CFR 1021 subpart D, appendix B
also identify ``conditions that are integral elements of the classes of
actions in
[[Page 4777]]
appendix B'' that apply to the CXs that BLM and BIA are adopting. As
described below, the BLM and BIA will ensure that proposed actions
comply with these ``DOE Integral Elements'' when relying on CXs adopted
from DOE. The Department has determined that adoption of the CXs for
the BLM's and BIA's use as described in this notice is appropriate.
DOE Integral Elements
When the BLM and BIA intend to rely on a CX adopted from DOE as
described in this notice, the Responsible Official will evaluate the
proposed action against the DOE's Integral Elements, which are
additional conditions for reliance on each CX. The Responsible Official
will only rely on a CX adopted from DOE as identified in this notice if
the proposed action complies with the DOE Integral Elements. The DOE
Integral Elements are described in 10 CFR 1021 subpart D, appendix B.
The BLM and BIA will use their respective environment, safety, and
health protocols when using these CXs.
Consideration of Extraordinary Circumstances
In consultation with DOE and NTIA, the BLM and BIA evaluated the
extraordinary circumstances to be considered when applying these CXs.
When applying these CXs, Responsible Officials (43 CFR 46.30) within
the BLM and BIA will evaluate proposed actions covered by the CXs to
determine whether any extraordinary circumstances, listed at 43 CFR
46.215, are present that would preclude reliance on the CX. The
Department's extraordinary circumstances include, in part,
consideration of impacts on public health and safety; natural resources
and unique geographic characteristics such 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 weeds or
non-native invasive species.
The Department's list of extraordinary circumstances addresses
those of the DOE found at 10 CFR 1021.410(b)(2) and those of the NTIA
found at 89 FR 22688; therefore, BLM and BIA Responsible Officials
intending to rely on these CXs 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 CX 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 the BLM and BIA are
adopting 11 DOE CXs and 6 NTIA CXs for the BLM's and BIA's use. The
notice identifies the types of actions to which the BLM and BIA would
apply these CXs. The documentation of the adoptions is available at
<a href="https://www.blm.gov/programs/planning-and-nepa/what-informs-our-plans/nepa">https://www.blm.gov/programs/planning-and-nepa/what-informs-our-plans/nepa</a> for the BLM, <a href="https://www.bia.gov/service/nepa-compliance">https://www.bia.gov/service/nepa-compliance</a> for BIA
and at <a href="https://www.doi.gov/oepc/nepa/categorical-exclusions">https://www.doi.gov/oepc/nepa/categorical-exclusions</a>. The BIA
and the BLM will add the adopted CXs to their respective NEPA DM
Chapters, 516 DM 10 and 11.
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. 2025-01057 Filed 1-15-25; 8:45 am]
BILLING CODE 4331-27-P
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