Notice2025-11921
Notice of Adoption of Categorical Exclusion Under Section 109 of the National Environmental Policy Act
Primary source
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Published
June 27, 2025
Effective
June 27, 2025
Issuing agencies
Interior Department
Abstract
The Department of the Interior (Department) is notifying the public and documenting the adoption of the Indian Health Service (IHS) categorical exclusion (CE) for actions associated with construction of sanitation facilities to serve Indian homes and communities, under section 109 of the National Environmental Policy Act (NEPA). The CE is adopted for use by the Bureau of Indian Affairs (BIA). In accordance with section 109, this notice identifies the types of actions to which BIA will apply the CE, the considerations that BIA will use in determining the applicability of the CE, and the consultation between the agencies on the use of the CE, including application of extraordinary circumstances.
Full Text
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<title>Federal Register, Volume 90 Issue 122 (Friday, June 27, 2025)</title>
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[Federal Register Volume 90, Number 122 (Friday, June 27, 2025)]
[Notices]
[Pages 27657-27659]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11921]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[256A2100DD; AAKP300000; A0A501010.000000]
Notice of Adoption of 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 Department of the Interior (Department) is notifying the
public and documenting the adoption of the Indian Health Service (IHS)
categorical exclusion (CE) for actions associated with construction of
sanitation facilities to serve Indian homes and communities, under
section 109 of the National Environmental Policy Act (NEPA). The CE is
adopted for use by the Bureau of Indian Affairs (BIA). In accordance
with section 109, this notice identifies the types of actions to which
BIA will apply the CE, the
[[Page 27658]]
considerations that BIA will use in determining the applicability of
the CE, and the consultation between the agencies on the use of the CE,
including application of extraordinary circumstances.
DATES: The adoption is effective June 27, 2025.
FOR FURTHER INFORMATION CONTACT: Justine Vaivai, Environmental
Protection Specialist, Environmental Services, BIA,
<a href="/cdn-cgi/l/email-protection#d6bca3a5a2bfb8b3f8a0b7bfa0b7bf96b4bfb7f8b1b9a0"><span class="__cf_email__" data-cfemail="452f3036312c2b206b33242c33242c05272c246b222a33">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Program Background
Installation of sanitation facility infrastructure is critical
across Indian Country. IHS often works with BIA for these important
projects. As a funding agency, IHS conducts NEPA analysis for the
construction of the waterlines and sanitation facilities. Meanwhile,
BIA often has an associated action such as the approval of a lease,
right-of-way, or easement for the project to proceed, and therefore has
NEPA compliance responsibilities. In most instances, both IHS and BIA
are involved in a waterline or a sanitary facility project; however,
through adoption of IHS's CE, the BIA could rely on IHS's CE in such
circumstances, as well as when making decisions about waterline or
sanitary facility projects when IHS is not involved.
Adoption by BIA of the IHS categorical exclusion will allow for
consistent and efficient environmental reviews between the two agencies
in project development, providing more predictability for applicants.
IHS has effectively utilized their CE to support approval of
approximately 2,400 projects between 2019-2024 across Indian Country.
National Environmental Policy Act and Categorical Exclusions
The National Environmental Policy Act, as amended, 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. NEPA's aims are 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.
Under NEPA as amended, a Federal agency can establish CEs--
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. 4336e(1). 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. If no extraordinary circumstances are present, the
agency may apply the CE to the proposed action without preparing an EA
or EIS. 42 U.S.C. 4336(a)(2).
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 CE for a category of proposed agency actions. 42 U.S.C. 4336c.
To use another agency's CE under section 109, the adopting agency must
identify the relevant CE 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 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 BIA has prepared this notice to describe
how it has met applicable statutory requirements for the adoption of
IHS CE ``J. Construction of Sanitation Facilities'' and to notify the
public.
The Department NEPA procedures are codified at 43 CFR part 46.
These procedures address compliance with 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. Chapter 10 of
the 516 DM covers the BIA's NEPA procedures and the BIA CEs are listed
in 516 DM chapter 10.5.
Categorical Exclusion That Is Adopted
BIA has identified the following IHS CE, found in the Federal
Register Notice, National Environmental Policy Act; Categorical
Exclusions (58 FR 569, Jan. 6, 1993) for adoption.
J. Construction of Sanitation Facilities--Actions associated with
construction of sanitation facilities to serve Indian homes and
communities, except that the following actions are not excluded: (1)
Construction of a sanitary landfill at a new solid waste disposal site,
and (2) Construction of a new wastewater treatment facility with direct
discharge of treated sewage to surface waters.
Consultation With IHS and Determination of Appropriateness
BIA consulted with IHS on the appropriateness of BIA's adoption of
the CE in May through July 2024. The consultation included a review of
IHS's experience developing and applying the CE, as well as the types
of actions for which BIA plans to utilize the CE. The BIA is often
involved in IHS's sanitation projects and is familiar with the
environmental effects of these projects; the BIA expects that the
environmental effects of BIA's actions will be similar to the effects
of IHS's sanitation projects approved in reliance on their CE, which
have not been significant. Therefore, BIA has determined that its
adoption of the CE as described in this notice is appropriate.
Consideration of Extraordinary Circumstances
When applying this CE, responsible officials within BIA will
evaluate proposed actions covered by the CE to determine whether any
extraordinary circumstances are present. The Department's extraordinary
circumstances are listed at 43 CFR 46.215 and include, in part,
consideration of impacts on public health and safety; natural
resources; unique geographic characteristics; 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; 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; 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 issues
comparable to the issues addressed by the IHS's extraordinary
circumstances found at 58 FR 569 (Jan. 6, 1993). Therefore, responsible
officials within BIA 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
[[Page 27659]]
extraordinary circumstances. The responsible official will assess
whether an extraordinary circumstance is present according to 43 CFR
46.205 and 46.215. If the responsible official cannot rely on a CE to
support a decision to authorize or take a particular proposed action
due to extraordinary circumstances, the responsible official will
prepare an EA or EIS before doing so, consistent with 43 CFR 46.205(c).
Notice to the Public and Documentation of Adoption
This notice identifies to the public BIA's adoption of the IHS CE.
The notice identifies the types of actions to which BIA would apply the
CE, as well as the considerations that BIA would use in determining
whether an action is within the scope of the CE. The documentation of
the adoption will also be available at <a href="https://www.bia.gov/service/nepa-compliance">https://www.bia.gov/service/nepa-compliance</a> and at <a href="https://www.doi.gov/oepc/nepa/categorical-exclusions">https://www.doi.gov/oepc/nepa/categorical-exclusions</a>. The BIA will add the adopted CE to the BIA's NEPA DM
Chapter at 516 DM 10.
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. 2025-11921 Filed 6-26-25; 8:45 am]
BILLING CODE 4337-15-P
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