Notice2025-10994
Notice of 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
June 16, 2025
Effective
June 16, 2025
Issuing agencies
Homeland Security Department
Abstract
The Department of Homeland Security (DHS) is notifying the public and documenting the adoption of 27 categorical exclusions (CEs) under the National Environmental Policy Act (NEPA). This notice identifies the types of actions to which DHS will apply the CEs, the considerations that DHS will use in determining the applicability of the CEs, and the consultation between the agencies on the use of the CEs, including application of extraordinary circumstances.
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<title>Federal Register, Volume 90 Issue 114 (Monday, June 16, 2025)</title>
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[Federal Register Volume 90, Number 114 (Monday, June 16, 2025)]
[Notices]
[Pages 25350-25355]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10994]
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DEPARTMENT OF HOMELAND SECURITY
Notice of Adoption of Categorical Exclusions Under Section 109 of
the National Environmental Policy Act
AGENCY: Office of the Secretary, Department of Homeland Security
ACTION: Notice of Adoption of Categorical Exclusions pursuant to
Section 109 of the National Environmental Policy Act, 42 U.S.C. 4336c.
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SUMMARY: The Department of Homeland Security (DHS) is notifying the
public and documenting the adoption of 27 categorical exclusions (CEs)
under the National Environmental Policy Act (NEPA). This notice
identifies the types of actions to which DHS will apply the CEs, the
considerations that DHS will use in determining the applicability of
the CEs, and the consultation between the agencies on the use of the
CEs, including application of extraordinary circumstances.
DATES: The adoption is effective June 16, 2025.
FOR FURTHER INFORMATION CONTACT: Jennifer DeHart Hass, Director,
Environmental Planning Branch, by email at <a href="/cdn-cgi/l/email-protection#4c26292222252a293e62242d3f3f0c243d6228243f622b233a"><span class="__cf_email__" data-cfemail="305a555e5e595655421e585143437058411e5458431e575f46">[email protected]</span></a> or
by telephone at (202) 834-4346.
SUPPLEMENTARY INFORMATION:
I. Background
National Environmental Policy Act and Categorical Exclusions
The National Environmental Policy Act, 42 U.S.C. 4321-4347, as
amended (NEPA), requires, with respect to major federal actions
significantly affecting the quality of the human environment, all
Federal agencies to assess the environmental impacts of their proposed
actions before deciding whether and how to proceed. Congress enacted
NEPA to encourage productive and enjoyable harmony between humans and
the environment, recognizing the profound impact of human activity and
the critical importance of restoring and maintaining environmental
quality to the overall welfare of humankind. 42 U.S.C. 4321, 4331.
NEPA's aims 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.
To comply with NEPA, agencies determine the appropriate level of
review for a proposed action. 42 U.S.C. 4336. Where required, these
levels of review may be documented in an environmental impact statement
(EIS), an environmental assessment (EA), or categorical exclusion. 42
U.S.C. 4336. If a proposed action is likely to have significant
environmental effects, the agency must prepare an EIS and document its
decision in a record of decision. 42 U.S.C. 4336(b)(1). If the proposed
action is not likely to have significant environmental effects or where
the level of significance is unknown, the agency may instead prepare an
EA, which involves a more concise analysis and process than an EIS. 42
U.S.C. 4336(b)(2). 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. If, following preparation of
an EA, the agency finds that the proposed action may have significant
effects, then an EIS is required.
Under NEPA, a Federal agency may establish categorical exclusions--
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. 4336e (1). If an agency determines
that a categorical exclusion covers a proposed action, the agency will
then evaluate the proposed action for any extraordinary circumstances
in which a normally excluded action may have a significant effect. If
no extraordinary circumstances are present or if further analysis
determines that the extraordinary circumstances do not involve the
potential for significant environmental impacts, the agency may rely on
the categorical exclusion to approve the proposed action without
preparing an EA or EIS. 42 U.S.C. 4336(a)(2). If the extraordinary
circumstances have the potential to result in significant effects, the
agency is required to prepare an EA or EIS.
Section 109 of NEPA, 42 U.S.C. 4336c, 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 must: (1)
identify the relevant categorical exclusion listed in another agency's
(``establishing agency'') NEPA procedures ``that covers a category of
proposed actions or related actions''; (2) consult with the
establishing agency ``to ensure that the proposed adoption of the
categorical exclusion to a category of actions is appropriate''; (3)
``identify to the public the categorical exclusion that the [adopting]
agency plans to use for its proposed actions''; and (4) document
adoption of the categorical exclusion. 42 U.S.C. 4336c.
This notice documents the Department's adoption of 27 CEs for DHS
use and notifies the public of these adoptions. One CE for adoption was
established by HUD at 24 CFR 50.20 paragraph (a)(2). Four CEs were
established by TVA at Appendix A to Subpart C of Part 1318, Title 18 in
paragraphs 16, 30, 31, 38. Five CEs for adoption were established by
the Department of Interior, BLM at 516 Departmental Manual 11
paragraphs 11.9.C(2), 11.9.C(3), 11.9.C (8), 11.9.C (9), and
11.9.I(I)(1). Fifteen CEs were established by the U.S. Department of
Agriculture: nine CEs from NRCS at 7 CFR 650.6 paragraphs (d)(2),
(d)(9), (d)(11), (d)(12), (d)(13), (d)(14), (d)(15), (d)(16), and
(d)(17); three CEs from USFS at 36 CFR 220.6 paragraphs E.6, E.11, and
E.18; and, three CEs from RD at 7 CFR 1970.54 paragraphs (a)(7),
(a)(8), (a)(9). One CE was established by
[[Page 25351]]
Navy at 32 CFR 775.6 paragraph f (46). One CE was established by Army
at 32 CFR 651.30 Appendix B, Section II paragraph (g)(2).
The DHS NEPA procedures are contained within Department of Homeland
Security Directive 023-01 Rev 01 and the Instruction Manual 023-01-001-
01 Rev 01, Implementing the National Environmental Policy Act (DHS NEPA
Instruction Manual). The Department maintains a list of categorical
exclusions available to all DHS Components in the DHS NEPA Instruction
Manual.
II. Identification of the Categorical Exclusions
DHS has identified the following 27 CEs for adoption.
HUD Categorical Exclusion for Adoption
24 CFR 50.20(a)(2). Rehabilitation of buildings and improvements
when the following conditions are met: (i) In the case of a building
for residential use (with one to four units), the density is not
increased beyond four units, the land use is not changed, (ii) In the
case of multifamily residential buildings: (A) Unit density is not
changed more than 20 percent; (B) The project does not involve changes
in land use from residential to non-residential; and (C) The estimated
cost of rehabilitation is less than 75 percent of the total estimated
cost of replacement after rehabilitation. (iii) In the case of non-
residential structures, including commercial, industrial, and public
buildings: (A) The facilities and improvements are in place and will
not be changed in size nor capacity by more than 20 percent; and (B)
The activity does not involve a change in land use, such as from non-
residential to residential, commercial to industrial, or from one
industrial use to another.
An example of DHS's intended use of the CE includes for DHS
Component, Federal Emergency Management Agency (FEMA), funding
assistance for the rehabilitation or replacement of buildings that do
not have a change in size or capacity greater than 20 percent following
a disaster. The CE would allow building rehabilitation efforts without
needing to adhere to the existing acreage requirements for repairs or
staging in existing DHS CEs.
TVA Categorical Exclusions for Adoption
18 CFR 1318 Appendix A to Subpart C paragraph 16. Construction of
new transmission line infrastructure, including electric transmission
lines generally no more than 10 miles in length and that require no
more than 125 acres of new developed rights-of-way and no more than 1
mile of new access road construction outside the right-of-way; and/or
construction of electric power substations or interconnection
facilities, including switching stations, phase or voltage conversions,
and support facilities that generally require the physical disturbance
of no more than 10 acres. An example of DHS's intended use includes
construction of new transmission line infrastructure and associated
support facilities. This CE expands the range of the activities
currently covered under existing DHS CEs.
18 CFR 1318 Appendix A to Subpart C paragraph 30. Actions to
maintain, restore, or enhance terrestrial ecosystems that generally
involve physical disturbance of no more than 125 acres, including, but
not limited to, establishment and maintenance of non-invasive
vegetation; bush hogging; prescribed fires; installation of nesting and
roosting structures, fencing, and cave gates; and reintroduction or
supplementation of native, formerly native, or established species into
suitable habitat within their historic or established range.
DHS intends to use the CE to perform the actions described in the
CE, and include, but are not limited to, establishment and maintenance
of non-invasive vegetation, and reintroduction or supplementation of
native species. As an example, DHS intends to utilize this CE to cover
actions related to post-wildfire stabilization activities.
18 CFR 1318 Appendix A to Subpart C paragraph 31. The following
forest management activities: a. Actions to manipulate species
composition and age class, including, but not limited to, harvesting or
thinning of live trees and other timber stand improvement actions
(e.g., prescribed burns, non-commercial removal, chemical control),
generally covering up to 125 acres and requiring no more than 1 mile of
temporary or seasonal permanent road construction; b. Actions to
salvage dead and/or dying trees including, but not limited to,
harvesting of trees to control insects or disease or address storm
damage (including removal of affected trees and adjacent live,
unaffected trees as determined necessary to control the spread of
insects or disease), generally covering up to 250 acres and requiring
no more than 1 mile of temporary or seasonal permanent road
construction; and, actions to regenerate forest stands, including, but
not limited to, planting of native tree species upon site preparation,
generally covering up to 125 acres and requiring no more than 1 mile of
temporary or seasonal permanent road construction. Examples of DHS use
of the CE are the actions described in the CE, and include, but are not
limited to, harvesting or thinning of live trees and other timber stand
improvement actions, such as prescribed burning. The CE would allow DHS
to expand current allowable acreage limitations for activities covered
under a CE. DHS and its Components, including FEMA, would use this CE
to reduce wildfire risk, such as through hazardous fuel reduction and
defensible space activities. DHS's intended use of the CE aligns with
TVA's use.
18 CFR 1318 Appendix A to Subpart C paragraph 38. Siting,
construction, and use of buildings and associated infrastructure (e.g.,
utility lines serving the building), physically disturbing generally no
more than 10 acres of land not previously disturbed by human activity
or 25 acres of land so disturbed. DHS and its Components, including
FEMA, would use this CE to support disaster recovery and resiliency
projects. These activities are commonly funded by FEMA but currently
have a 1-acre constraint under existing CEs. The CE would allow DHS to
expand current allowable acreage limitations.
BLM Categorical Exclusions for Adoption
DHS has identified 516 DM 11 paragraph 11.9.C(2). for the sale and
removal of individual trees or small groups of trees which are dead,
diseased, injured, or which constitute a safety hazard, and where
access for the removal requires no more than maintenance to existing
roads.
DHS intends to use this CE to cover tree removal when those trees
pose a public safety hazard and can be accessed by existing roads. No
DHS CEs currently cover hazardous tree removal.
DHS has identified 516 DM 11 paragraph 11.9.C(3) for seeding or
reforestation of timber sales or burn areas where no chaining is done,
no pesticides are used, and there is no conversion of timber type or
conversion of non-forest to forest land. Specific reforestation
activities covered include: seeding and seedling plantings, shading,
tubing (browse protection), paper mulching, bud caps, ravel protection,
application of non-toxic big game repellant, spot scalping, rodent
trapping, fertilization of seed trees, fence construction around out-
planting sites, and collection of pollen, scions and cones.
DHS intends to use this CE to cover seeding and a variety of
reforestation activities. FEMA could use this CE for
[[Page 25352]]
post disaster recovery projects, such as wildfire stabilization
activities. This CE would cover an activity commonly funded by FEMA but
which is not fully covered in existing DHS CEs.
DHS has identified 516 DM 11 paragraph 11.9.C(8) ``Salvaging dead
or dying trees not to exceed 250 acres, requiring no more than 0.5 mile
of temporary road construction. Such activities: (a) May include
incidental removal of live or dead trees for landings, skid trails, and
road clearing. (b) May include temporary roads which are defined as
roads authorized by contract, permit, lease, other written
authorization, or emergency operation not intended to be part of the
BLM transportation system and not necessary for long-term resource
management. Temporary roads shall be designed to standards appropriate
for the intended uses, considering safety, cost of transportation, and
impacts on land and resources; and (c) Shall require the treatment of
temporary roads constructed or used so as to permit the
reestablishment, by artificial or natural means, of vegetative cover on
the roadway and areas where the vegetative cover was disturbed by the
construction or use of the road, as necessary to minimize erosion from
the disturbed area. Such treatment shall be designed to reestablish
vegetative cover as soon as practicable, but at least within 10 years
after the termination of the contract. (d) For this CX, a dying tree is
defined as a standing tree that has been severely damaged by forces
such as fire, wind, ice, insects, or disease, and that in the judgment
of an experienced forest professional or someone technically trained
for the work, is likely to die within a few years. Examples include,
but are not limited to: (i) Harvesting a portion of a stand damaged by
a wind or ice event. (ii) Harvesting fire damaged trees.''
DHS intends to use this CE to cover the removal of dead or dying
trees under 250 acres. FEMA would use this CE for disaster recovery
efforts from wildfire and severe storms. This is an activity commonly
funded by FEMA but not fully covered in existing DHS/FEMA CEs.
DHS has identified 516 DM 11 paragraph 11.9.(I)(1) ``Commercial and
non-commercial sanitation harvest of trees to control insects or
disease not to exceed 250 acres, requiring no more than 0.5 miles of
temporary road construction. Such activities: (a) May include removal
of infested/infected trees and adjacent live uninfested/uninfected
trees as determined necessary to control the spread of insects or
disease; and (b) May include incidental removal of live or dead trees
for landings, skid trails, and road clearing. (c) May include temporary
roads which are defined as roads authorized by contract, permit, lease,
other written authorization, or emergency operation not intended to be
part of the BLM transportation system and not necessary for long-term
resource management. Temporary roads shall be designed to standards
appropriate for the intended uses, considering safety, cost of
transportation, and impacts on land and resources; and (d) Shall
require the treatment of temporary roads constructed or used so as to
permit the reestablishment, by artificial or natural means, of
vegetative cover on the roadway and areas where the vegetative cover
was disturbed by the construction or use of the road, as necessary to
minimize erosion from the disturbed area. Such treatment shall be
designed to reestablish vegetative cover as soon as practicable, but at
least within 10 years after the termination of the contract. Examples
include, but are not limited to: (i) Felling and harvesting trees
infested with mountain pine beetles and immediately adjacent uninfested
trees to control expanding spot infestations; and (ii) Removing or
destroying trees infested or infected with a new exotic insect or
disease, such as emerald ash borer, Asian longhorned beetle, or sudden
oak death pathogen.''
DHS intends to use this CE to covers sanitation harvest of trees
for insect and disease control less than 250 acres. FEMA would use this
CE for forest management efforts to reduce wildfire risk. This is an
activity commonly funded by FEMA but not fully covered in existing DHS/
FEMA CEs.
DHS has identified 516 DM 11 paragraph 11.9.C(I1) ``Emergency
Stabilization. Planned actions in response to wildfires, floods,
weather events, earthquakes, or landslips that threaten public health
or safety, property, and/or natural and cultural resources, and that
are necessary to repair or improve lands unlikely to recover to a
management-approved condition as a result of the event. Such activities
shall be limited to: repair and installation of essential erosion
control structures; replacement or repair of existing culverts, roads,
trails, fences, and minor facilities; construction of protection
fences; planting, seeding, and mulching; and removal of hazard trees,
rocks, soil, and other mobile debris from, on, or along roads, trails,
campgrounds, and watercourses. These activities: (1) Shall be completed
within one year following the event;
(2) Shall not include the use of herbicides or pesticides;
(3) Shall not include the construction of new roads or other new
permanent infrastructure;
(4) Shall not exceed 4,200 acres; and
(5) May include temporary roads which are defined as roads
authorized by contract, permit, lease, other written authorization, or
emergency operation not intended to be part of the BLM transportation
system and not necessary for long-term resource management. Temporary
roads shall be designed to standards appropriate for the intended uses,
considering safety, cost of transportation, and impacts on land and
resources; and
(6) Shall require the treatment of temporary roads constructed or
used so as to permit the reestablishment by artificial or natural
means, or vegetative cover on the roadway and areas where the
vegetative cover was disturbed by the construction or use of the road,
as necessary to minimize erosion from the disturbed area. Such
treatment shall be designed to reestablish vegetative cover as soon as
practicable, but at least within 10 years after the termination of the
contract.''
DHS intends to use this CE to covers emergency response activities
to natural disasters, such as repair/installation of structures,
removal of debris, planting, etc. FEMA could use this CE for post-
wildlife stabilization activities under HMGP and HMGP-Post Fire
programs. This CE provides more specificity regarding types of post-
wildfire stabilization activities than existing DHS/FEMA CEs.
NRCS Categorical Exclusion for Adoption
DHS has identified 7 CFR 650.6 paragraph (d)(2) ``Removing dikes
and associated appurtenances (such as culverts, pipes, valves, gates,
and fencing) to allow waters to access floodplains to the extent that
existed prior to the installation of such dikes and associated
appurtenances.''
DHS intends to use this CE to cover the removal of dams and
associated appurtenances funded under the High Hazard Potential Dam
Program. No CEs currently exist for DHS/FEMA that are applicable to dam
removal. This CE would support FEMA's efforts in adhering to IIJA
initiatives to fund dam removal projects.
DHS has identified 7 CFR 650.6 paragraph (d)(9) ``Repairing or
maintenance of existing small structures or improvements (including
structures and improvements utilized to restore disturbed or altered
wetland, riparian, in stream, or native habitat conditions). Examples
of such activities include the repair or stabilization of existing
stream
[[Page 25353]]
crossings for livestock or human passage, levees, culverts, berms,
dikes, and associated appurtenances.''
DHS intends to use this CE to cover maintenance and improvement of
small structures. CBP may use this CE for repairs or maintenance of
structures impacted by storm damage, such as culvert repair. Currently,
emergency repairs may not adhere to NEPA guidelines and subsequently
require costly repairs of repairs. Establishing the use of this CE
could allow pre-arranged design guidance and facilitate responsible
repairs that fit the time constraints of mission but minimize the costs
and delays of EA preparation.
DHS has identified 7 CFR 650.6 paragraph (d)(11) ``Restoring an
ecosystem, fish and wildlife habitat, biotic community, or population
of living resources to a determinable pre-impact condition.''
DHS intends to use this CE to cover actions that help restore
ecosystems and wildlife, including dam removal. No CEs currently exist
for DHS/FEMA that are applicable to dam removal. This CE would support
FEMA's efforts in adhering to IIJA initiatives to fund dam removal
projects.
DHS has identified 7 CFR 650.6 paragraph (d)(12) ``Repairing or
maintenance of existing constructed fish passageways, such as fish
ladders or spawning areas impacted by natural disasters or human
alteration.''
DHS intends to use this CE to cover dam rehabilitation activities
funded by the High Hazard Potential Dam Program in order to repair or
maintain fish passageways. FEMA does not have any similar CEs existing.
DHS has identified 7 CFR 650.6 paragraph (d)(13) ``Repairing,
maintaining, or installing fish screens to existing structures.''
DHS intends to use this CE to cover dam rehabilitation activities
funded by the High Hazard Potential Dam Program in order to repair or
maintain fish screens on existing structures. FEMA does not have any
similar CEs existing.
DHS has identified 7 CFR 650.6 paragraph (d)(14) ``Repairing or
maintaining principal spillways and appurtenances associated with
existing serviceable dams, originally constructed to NRCS standards, in
order to meet current safety standards. Work will be confined to the
existing footprint of the dam, and no major change in reservoir or
downstream operations will result.''
DHS intends to use this CE to cover repairs and maintenance of
existing spillways to meet current safety and performance standards.
The CE would apply to rehabilitation projects of High Hazard Potential
Dams. FEMA does not have any similar CEs currently.
DHS has identified 7 CFR 650.6 paragraph (d)(15) ``Repairing or
improving (deepening/widening/armoring) existing auxiliary/emergency
spillways associated with dams, originally constructed to NRCS
standards, in order to meet current safety standards. Work will be
confined to the dam or abutment areas, and no major change in reservoir
or downstream operation will result.''
DHS intends to use this CE to cover repairs and improvement of
existing auxiliary and emergency spillways to meet current safety and
performance standards. The CE would apply to rehabilitation projects of
High Hazard Potential Dams. FEMA does not have any similar CEs
currently.
DHS has identified 7 CFR 650.6 paragraph (d)(16) ``Repairing
embankment slope failures on structures, originally built to NRCS
standards, where the work is confined to the embankment or abutment
areas.''
DHS intends to use this CE to cover dam rehabilitation activities
funded by the High Hazard Potential Dam Program.
DHS has identified 7 CFR 650.6 paragraph (d)(17) ``Increasing the
freeboard (which is the height from the auxiliary (emergency) spillway
crest to the top of embankment) of an existing dam or dike, originally
built to NRCS standards, by raising the top elevation in order to meet
current safety and performance standards. The purpose of the safety
standard and associated work is to ensure that during extreme rainfall
events, flows are confined to the auxiliary/emergency spillway so that
the existing structure is not overtopped which may result in a
catastrophic failure. Elevating the top of the dam will not result in
an increase to lake or stream levels. Work will be confined to the
existing dam and abutment areas, and no major change in reservoir
operations will result. Examples of work may include the addition of
fill material such as earth or gravel or placement of parapet walls.
DHS intends to use this CE to cover the increase of an existing
dam/dike freeboard to meet current safety and performance standards.
The CE would apply to rehabilitation projects of High Hazard Potential
Dams. FEMA does not have any similar CEs currently.
USFS Categorical Exclusions for Adoption
DHS has identified 36 CFR 220.6 paragraph E.6 ``Timber stand and/or
wildlife habitat improvement activities that do not include the use of
herbicides or do not require more than 1 mile of low standard road
construction. Examples include, but are not limited to:
(i) Girdling trees to create snags;
(ii) Thinning or brush control to improve growth or to reduce fire
hazard including the opening of an existing road to a dense timber
stand;
(iii) Prescribed burning to control understory hardwoods in stands
of southern pine; and
(iv) Prescribed burning to reduce natural fuel build-up and improve
plant vigor.''
DHS intends to use this CE to cover timber stand and wildlife
habitat improvement activities, including prescribed burning. No DHS
CEs currently exist that cover prescribed burning as a method for
performing hazardous fuel reduction.
DHS has identified 36 CFR 220.6 paragraph E.11 ``Post-fire
rehabilitation activities, not to exceed 4,200 acres (such as tree
planting, fence replacement, habitat restoration, heritage site
restoration, repair of roads and trails, and repair of damage to minor
facilities such as campgrounds), to repair or improve lands unlikely to
recover to a management approved condition from wildland fire damage,
or to repair or replace minor facilities damaged by fire. Such
activities:
(i) Shall be conducted consistent with Agency and Departmental
procedures and applicable land and resource management plans;
(ii) Shall not include the use of herbicides or pesticides or the
construction of new permanent roads or other new permanent
infrastructure; and
(iii) Shall be completed within 3 years following a wildland
fire.''
DHS intents to use this CE to cover post-fire rehabilitation
activities occurring within 3 years of a wildland fire. FEMA could use
this CE for post-wildfire stabilization activities, such as hazardous
fuels reduction and defensible space activities. This CE provides more
specificity regarding types of post-wildfire stabilization activities
than existing DHS/FEMA CEs.
DHS has identified 36 CFR 220.6 paragraph E.18 ``Restoring
wetlands, streams, riparian areas or other water bodies by removing,
replacing, or modifying water control structures such as, but not
limited to, dams, levees, dikes, ditches, culverts, pipes, drainage
tiles, valves, gates, and fencing, to allow waters to flow into natural
channels and floodplains and restore natural flow regimes to the extent
practicable where valid existing rights or special use authorizations
are not unilaterally altered or canceled. Examples include but are not
limited to:
[[Page 25354]]
(i) Repairing an existing water control structure that is no longer
functioning properly with minimal dredging, excavation, or placement of
fill, and does not involve releasing hazardous substances;
(ii) Installing a newly-designed structure that replaces an
existing culvert to improve aquatic organism passage and prevent
resource and property damage where the road or trail maintenance level
does not change;
(iii) Removing a culvert and installing a bridge to improve aquatic
and/or terrestrial organism passage or prevent resource or property
damage where the road or trail maintenance level does not change; and
(iv) Removing a small earthen and rock fill dam with a low hazard
potential classification that is no longer needed.''
DHS intends to use this CE to cover the removal, replacement, or
modification of dams funded under the High Hazard Potential Dam
Program. No CEs currently exist for DHS/FEMA that are applicable to dam
removal. This CE would support FEMA's efforts in adhering to IIJA
initiatives to fund dam removal projects.
RD Categorical Exclusions for Adoption
DHS has identified 7 CFR 1970.54 paragraph (a)(7) ``Small-scale
site-specific development. The following CEs apply to proposals where
site development activities (including construction, expansion, repair,
rehabilitation, or other improvements) for rural development purposes
would impact not more than 10 acres of real property and would not
cause a substantial increase in traffic. These CEs are identified in
paragraphs (a)(1) through (a)(9) of this section. This paragraph does
not apply to new industrial proposals (such as ethanol and biodiesel
production facilities) or those classes of action listed in Sec. Sec.
1970.53, 1970.101, or 1970.151 . . . (7) Repair, rehabilitation, or
restoration of water control, flood control, or water impoundment
facilities, such as dams, dikes, levees, detention reservoirs, and
drainage ditches, with minimal change in use, size, capacity, purpose,
operation, location, or design from the original facility.''
DHS intends to use this CE to cover dam rehabilitation activities
less than 10 acres of disturbance funded by the High Hazard Potential
Dam Program.
DHS has identified 7 CFR 1970.54 paragraph (a)(8) ``Small-scale
site-specific development . . . (8) Installation or enlargement of
irrigation facilities on an applicant's land, including storage
reservoirs, diversion dams, wells, pumping plants, canals, pipelines,
and sprinklers designed to irrigate less than 80 acres.''
DHS intends to use this CE to cover less than 10 acres of
disturbance for the installation or expansion of diversion dams
specifically for rural development.
DHS has identified 7 CFR 1970.54 paragraph (a)(9)'' ``Small-scale
site-specific development . . . Replacement or restoration of
irrigation facilities, including storage reservoirs, diversion dams,
wells, pumping plants, canals, pipelines, and sprinklers, with no or
minimal change in use, size, capacity, or location from the original
facility(s).''
DHS intends to use this CE to cover the replacement or restoration
of existing diversion dams less than 10 acres of disturbance
specifically for rural development.
Navy Categorical Exclusions for Adoption
DHS has identified 32 CFR 775.6 paragraph f (46) (46) ``Minor
repairs in response to wildfires, floods, earthquakes, landslides, or
severe weather events that threaten public health or safety, security,
property, or natural and cultural resources, and that are necessary to
repair or improve lands unlikely to recover to a management-approved
condition (i.e., the previous state) without intervention. Covered
activities must be completed within one year following the event and
cannot include the construction of new permanent roads or other new
permanent infrastructure. Such activities include, but are not limited
to: Repair of existing essential erosion control structures or
installation of temporary erosion controls; repair of electric power
transmission infrastructure; replacement or repair of storm water
conveyance structures, roads, trails, fences, and minor facilities;
revegetation; construction of protection fences; and removal of hazard
trees, rocks, soil, and other mobile debris from, on, or along roads,
trails, or streams;''
DHS intends to use the CE to cover repair to minor infrastructure
following a disaster or severe weather event in order to restore these
features to their prior state. This CE provides more specificity
regarding types of post-wildfire stabilization activities than existing
DHS/FEMA CEs.
Army Categorical Exclusions for Adoption
DHS has identified 32 CFR 651.30 Appendix B, Section II paragraph
(g)(2) ``Routine repairs and maintenance of roads, trails, and
firebreaks. Examples include, but are not limited to: grading and
clearing the roadside of brush with or without the use of herbicides;
resurfacing a road to its original conditions; pruning vegetation,
removal of dead, diseased, or damaged trees and cleaning culverts; and
minor soil stabilization activities.''
DHS intends to use the CE to fund post-wildfire stabilization
activities under its HMGP and HMGP-Post Fire programs.
III. Consideration of Extraordinary Circumstances
When applying these categorical exclusions, DHS will evaluate the
proposed actions for whether there are any extraordinary circumstances.
The Department's extraordinary circumstances are listed within the DHS
Instruction Manual and include, in part, consideration of impacts on
public health and safety; listed species and migratory birds; historic
or cultural resources; Indian sacred sites; environmentally sensitive
areas, such as historic properties prime or unique agricultural lands,
coastal zones, designated wilderness or wilderness study areas, wild
and scenic rivers, 100-year floodplains, wetlands, sole source
aquifers, Marine Sanctuaries, National Wildlife Refuges, National
Parks, National Monuments, essential fish habitat; violations of a
Federal, State, or local law or requirement imposed to protect the
environment; certain levels of controversy in terms of scientific
validity; precedent for future decision-making; context of scope and
size of the particular action; and degradation of already existing poor
environmental conditions.
DHS's list of extraordinary circumstances is comparable to those of
HUD, found at 24 CFR 58.2 (a)(3); the TVA, found at 18 CFR 1318.201; of
the BLM, found at 43 CFR 46.215; of the NRCS, found at 7 CFR 650.6(c);
of the USFS, found at 36 CFR 220.6(b); of RD, found at 7 CFR 1970.52;
of Navy, found at 32 CFR 775.6 (e)(1); and of Army, found at 32 CFR
651.29 (b). Therefore, only the DHS NEPA Instruction Manual, and the
extraordinary circumstances contained therein would be reviewed as to
whether the proposed action has the potential to result in significant
effects for actions DHS is intending to apply a HUD, TVA, BLM, NRCS,
USFS, RD, Navy, and Army categorical exclusion. If DHS determines that
a CE is not appropriate to support a decision on a particular proposed
action due to extraordinary circumstances, DHS would prepare an EA or
EIS. Consistent with the DHS NEPA Instruction Manual, DHS will document
each application of these CEs in the DHS Environmental
[[Page 25355]]
Planning and Historic Preservation Decision Support System.
IV. Consultation With Agencies and Determination of Appropriateness
In April and May of 2025, DHS consulted with HUD, TVA, BLM, NRCS,
USFS, RD, Navy, and Army about the appropriateness of the Department's
adoption of their respective categorical exclusions. Those
consultations each included a review of each agency's or bureau's
experience in establishing and applying the categorical exclusions, as
well as DHS's intended uses for the categorical exclusions. Based on
those consultations and reviews, DHS has determined that the types of
activities DHS proposes to authorize are substantially similar to the
activities for which HUD, TVA, BLM, NRCS, USFS, RD, Navy, and Army have
applied their respective categorical exclusions. Accordingly, the
impacts of the DHS actions would be substantially similar to the
impacts of each establishing agency's actions, which are not
significant, absent the existence of extraordinary circumstances.
Therefore, DHS has determined that DHS's proposed use of the CEs, as
described within this notice is appropriate.
V. Notice to the Public and Documentation of Adoption
This notice serves to identify to the public and document DHS's
adoption of HUD, TVA, BLM, NRCS, USFS, RD, Navy, and Army categorical
exclusions and identifies the types of actions to which DHS
contemplates applying the actions at this time. DHS may expand use of
one or more of the CEs identified above to other activities where
appropriate, and in accordance with applicable conditions for use of
the CE. Upon issuance of this notice, the adopted HUD, TVA, BLM, NRCS,
USFS, RD, Navy, and Army categorical exclusions will be available to
DHS and accessible on <a href="http://DHS.gov">DHS.gov</a> at <a href="https://www.dhs.gov/ocrso/eed/epb/nepa">https://www.dhs.gov/ocrso/eed/epb/nepa</a>.
Jennifer Hass,
Acting Executive Director, Energy and Environment Division Department
of Homeland Security.
[FR Doc. 2025-10994 Filed 6-13-25; 8:45 am]
BILLING CODE 9112-FF-P
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</html>Indexed from Federal Register on June 16, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.