Notice2025-09062
Adoption of Categorical Exclusions from the Tennessee Valley Authority Under 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
May 21, 2025
Effective
May 21, 2025
Issuing agencies
Export-Import Bank
Abstract
The Export-Import Bank of the United States (EXIM) is adopting multiple categorical exclusions (CEs) from the agencies as listed: Tennessee Valley Authority CEs 49 and 50. This notice identifies the categories of proposed actions and describes the consultation between the agencies.
Full Text
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<title>Federal Register, Volume 90 Issue 97 (Wednesday, May 21, 2025)</title>
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[Federal Register Volume 90, Number 97 (Wednesday, May 21, 2025)]
[Notices]
[Pages 21772-21773]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09062]
[[Page 21772]]
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EXPORT-IMPORT BANK
Adoption of Categorical Exclusions from the Tennessee Valley
Authority Under the National Environmental Policy Act
AGENCY: Export-Import Bank of the United States.
ACTION: Notice of adoption of multiple Categorical Exclusions from the
Tennessee Valley Authority.
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SUMMARY: The Export-Import Bank of the United States (EXIM) is adopting
multiple categorical exclusions (CEs) from the agencies as listed:
Tennessee Valley Authority CEs 49 and 50. This notice identifies the
categories of proposed actions and describes the consultation between
the agencies.
DATES: The CEs identified below are available for EXIM to use for its
proposed actions effective May 21, 2025.
FOR FURTHER INFORMATION CONTACT: Scott Condren (VP Policy Analysis),
<a href="/cdn-cgi/l/email-protection#2b7848445f5f056844454f594e456b4e534246054c445d"><span class="__cf_email__" data-cfemail="3467575b40401a775b5a5046515a74514c5d591a535b42">[email protected]</span></a>, (202) 565-3777; Tiffin Caverly (VP Engineering
& Environment), <a href="/cdn-cgi/l/email-protection#f9ad909f9f9097d7ba988f9c8b9580b99c819094d79e968f"><span class="__cf_email__" data-cfemail="a6f2cfc0c0cfc888e5c7d0c3d4cadfe6c3decfcb88c1c9d0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
NEPA and CEs
The National Environmental Policy Act, 42 U.S.C. 4321-4347, (NEPA)
requires Federal agencies to interpret and administer Federal policies,
regulations, and laws in accordance with NEPA's policies and to
consider environmental values in their decision making.
Section 102(2) of NEPA requires Federal agencies to provide a
detailed statement on proposals for major Federal actions significantly
affecting the quality of the human environment.\1\ NEPA also created
the Council of Environmental Quality (CEQ) as the body responsible for
implementing NEPA.
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\1\ 42 U.S.C. 4332.
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Categorical exclusions (CEs) can be used when there is a
determination the proposed type of action would not have a significant
effect on the human environment; this option eliminates the need for an
environmental assessment (EA) or more detailed environmental impact
statement (EIS).
Section 109 of NEPA, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to ``adopt'' or use another
agency's CEs for a category of proposed agency actions.\2\ To use
another agency's CEs under section 109, an agency must identify the
relevant CEs listed in another 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 CE to a category of actions is appropriate;
identify to the public the CE that the agency plans to use for its
proposed actions; and document adoption of the CE. EXIM has prepared
this notice to meet these statutory requirements.
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\2\ 42 U.S.C. 4336c.
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Program Background
As the official export credit agency of the United States, ``the
mission of the Export-Import Bank of the United States is to support
the creation of American jobs by facilitating the export of U.S. goods
and services.'' The Export--Import Bank of the United States (EXIM)
steps in when the private sector does not provide financing for
American businesses. The Bank's actions have historically helped
support these firms in competing with foreign businesses overseas. The
Make More in America (MMIA) initiative applies EXIM's authorities for
medium and long-term (MLT) loans, loan guarantees, and insurance to
export-oriented domestic projects. In doing so, MMIA allows EXIM to
support American business during the whole export lifecycle. The
purpose of such loans remains unchanged: to support U.S. employment.
As EXIM usually lends to projects outside the United States, NEPA
has not often been applicable as there is no impact to the human
environment in the United States. In the MMIA initiative, which focuses
on domestic lending, adopting CEs from another agency will speed up the
processing time of deals and conserve staff resources with no need for
an EA or EIS. Faster processing times in this initiative will greatly
facilitate EXIM's support of American businesses and workers.
II. Identification of the Categorical Exclusions
Tennessee Valley Authority CEs
49. Financial assistance including, but not limited to, approving
and administering grants, loans and rebates for the renovation or minor
upgrading of existing facilities, established or developing industrial
parks, or existing infrastructure; the extension of infrastructure;
geotechnical boring; and construction of commercial and light
industrial buildings. Generally, such assistance supports actions that
physically disturb no more than 10 acres of land not previously
disturbed by human activity or no more than 25 acres of land so
disturbed.
50. Financial assistance for the following actions: Approving and
administering grants, loans and rebates for continued operations or
purchase of existing facilities and infrastructure for uses
substantially the same as the current use; purchasing, installing, and
replacing equipment or machinery at existing facilities; and completing
engineering designs, architectural drawings, surveys, and site
assessments (except when tree clearing, geotechnical boring, or other
land disturbance would occur).
The Tennessee Valley Authority CEs also include extraordinary
circumstances that should require special factors to review the
application of CEs under 18 CFR 1318.201. These extraordinary
circumstances include if the action is or may be highly controversial
or has the potential to significantly impact environmental resources,
including the following resources:
(i) Species listed or proposed to be listed under the Endangered
Species Act, or the proposed or designated Critical Habitat for these
species,
(ii) Wetlands or floodplains,
(iii) Cultural or historical resources,
(iv) Areas having special designation or recognition such as wild
and scenic rivers, parklands, or wilderness areas, and
(v) Important farmland.
III. Proposed EXIM Category of Actions
EXIM intends to apply these categorical exclusions to loans, loan
guarantees, and insurance transactions. The scope of projects would be
akin to projects to which the Tennessee Valley Authority has applied
these categorical exclusions. These include limited construction, full
disposal of buildings, desk work for feasibility studies, soil testing,
etc. In principle, such transactions would be similar and comparable to
those EXIM's export finance transactions deemed a category C under its
environmental and social procedures and guidelines.\3\
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\3\ EXIM's Environmental and Social Due Diligence Procedures and
Guidelines state that ``applications greater than $10 Million will
be classified as Category C if they are not related to a physical
project or if they relate to projects which do not require further
environmental review because they are likely to have minimal or no
adverse environmental or social risks or impacts. This category
includes transactions related to new, expansion or existing projects
of the type that have little or no potential to cause environmental
effects and do not impact sensitive locations.'' <a href="https://www.exim.gov/policies/exim-bank-and-environment/procedures-and-guidelines">https://www.exim.gov/policies/exim-bank-and-environment/procedures-and-guidelines</a>.
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IV. Consideration of Extraordinary Circumstances (if Applicable)
In assessing whether a categorical exclusion applies, EXIM would
review whether there were extraordinary circumstances that would
indicate a categorical exclusion is not appropriate due to the
potential for a significant environmental effect. EXIM would review
that proposed actions do not breach the extraordinary circumstances
listed by TVA. When applying these CEs, EXIM will consider whether the
proposed action has the potential to result in significant effects as
described in TVA's definition of extraordinary circumstances, as
written above.
EXIM's Engineering and Environment Division will have
responsibility for determining if a categorical exclusion applies.
These determinations will be posted at <a href="https://www.exim.gov/policies/exim-bank-and-environment/make-more-america-initiative-approved-transactions">https://www.exim.gov/policies/exim-bank-and-environment/make-more-america-initiative-approved-transactions</a>.
Consultation and Determination of Appropriateness
Consultations
1. Tennessee Valley Authority Consultation
In May 2025, EXIM conducted consultation with the Tennessee Valley
Authority on adoption of two CE categories. EXIM and TVA's consultation
included a review of TVA's experience developing and applying the CEs,
as well as the types of actions for which EXIM plans to utilize the
CEs. These EXIM actions are similar to the type of projects that TVA
funds and therefore the impacts of EXIM projects will be similar to the
impacts of TVA projects, which are not significant, absent the
existence of extraordinary circumstances that could involve potentially
significant impacts. Therefore, EXIM has determined that its proposed
use of the CEs as described in this notice would be appropriate.
Notice to the Public and Documentation of the Adoption
This notice serves to identify to the public and document EXIM's
adoption of two CEs from the Tennessee Valley Authority. The notice
identifies the types of actions to which EXIM will apply the CE, as
well as the considerations that EXIM will use in determining whether an
action is within the scope of the CE.
Scott Condren,
Vice President, Policy Analysis.
[FR Doc. 2025-09062 Filed 5-20-25; 8:45 am]
BILLING CODE 6690-01-P
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