Notice2025-12958
Adoption of Categorical Exclusions Under the National Environmental Policy Act
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Published
July 11, 2025
Issuing agencies
Northern Border Regional Commission
Abstract
The Northern Border Regional Commission (NBRC) is adopting categorical exclusions (CEs) established by the United States Forest Service that cover categories of actions that NBRC proposes to take pursuant to Section 109 of the National Environmental Policy Act. This notice identifies the Forest Service CEs and NBRC's categories of proposed actions for which it intends to use the Forest Service CEs and describes the consultation between the agencies.
Full Text
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<title>Federal Register, Volume 90 Issue 131 (Friday, July 11, 2025)</title>
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[Federal Register Volume 90, Number 131 (Friday, July 11, 2025)]
[Notices]
[Pages 30884-30887]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12958]
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NORTHERN BORDER REGIONAL COMMISSION
Adoption of Categorical Exclusions Under the National
Environmental Policy Act
AGENCY: Northern Border Regional Commission.
ACTION: Notice of adoption of categorical exclusions.
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SUMMARY: The Northern Border Regional Commission (NBRC) is adopting
categorical exclusions (CEs) established by the United States Forest
Service that cover categories of actions that NBRC proposes to take
pursuant to Section 109 of the National Environmental Policy Act. This
notice identifies the Forest Service CEs and NBRC's categories of
proposed actions for which it intends to use the Forest Service CEs and
describes the consultation between the agencies.
DATES: The CEs identified below are available for the NBRC to use for
its proposed actions effective upon publication.
FOR FURTHER INFORMATION CONTACT: Sarah Waring, NBRC Executive Director,
telephone number: 603-369-3001, email: <a href="/cdn-cgi/l/email-protection#65161204170c0b02250b0717064b020a13"><span class="__cf_email__" data-cfemail="6f1c180e1d0601082f010d1d0c41080019">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
National Environmental Policy Act and Categorical Exclusions
Congress enacted the National Environmental Policy Act, 42 U.S.C.
4321-4347, (NEPA) in order 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 seeks to ensure that agencies consider the
environmental effects of their proposed major actions in their
decision-making processes and inform and involve the public in that
process.
To comply with NEPA, agencies determine the appropriate level of
review of any major federal action--an environmental impact statement
(EIS), environmental assessment (EA), or categorical exclusion (CE). 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 the
effects are unknown, the agency may instead prepare an environmental
assessment (EA), which involves a more concise analysis and process
than an EIS. 42 U.S.C. 4336(b)(2). Following the EA, the agency may
conclude that the action will have no significant effects and document
that conclusion in a finding of no significant impact. 42 U.S.C.
4336(b)(2). If the analysis concludes that the action is likely to have
significant effects, however, then an EIS is required.
Under NEPA, a Federal agency also can establish CEs--categories of
actions that the agency has determined normally do not significantly
affect the quality of the human environment--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). 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, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to ``adopt'' or use another
Federal agency's CEs for proposed actions. 42 U.S.C. 4336c. To use
another agency's CEs under Section 109, the borrowing agency must
identify the relevant CEs listed in another agency's (``establishing
agency'') NEPA procedures that covers the borrowing 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
borrowing agency plans to use for its proposed actions; and document
adoption of the CE. 42 U.S.C. 4336c. NBRC has prepared this notice to
meet these statutory requirements.
NBRC's Programs
Created in 2008, the Northern Border Regional Commission (NBRC) is
a federal-state partnership whose mission is to help alleviate economic
distress and encourage private sector job creation in Maine, New
Hampshire, New York, and Vermont. In its sixteen-year history, the NBRC
has awarded over 400 grants through its primary grant program and other
special initiatives.
Since 2008, the NBRC has grown each year, both in size and
appropriations, and was included in the 2021 Bipartisan Infrastructure
Legislation (BIL) passed by Congress, which appropriated $150 million
to the Commission for deployment across its four-state footprint in
support of a wide range of economic development projects. Eligible
recipients for NBRC grant funds include: State and local governments,
Indian tribes, and public and nonprofit organizations.
Through its grantmaking, the NBRC funds projects in the following
categories, as prescribed in 40 U.S.C., Subtitle V, Sec. 15501:
(1) to develop the transportation infrastructure of its region;
(2) to develop the basic public infrastructure of its region;
(3) to develop the telecommunications infrastructure of its region;
(4) to assist its region in obtaining job skills training, skills
development and employment-related education, entrepreneurship,
technology, and business development;
(5) to provide assistance to severely economically distressed and
underdeveloped areas of its region that lack financial resources for
improving basic health care and other public services;
(6) to promote resource conservation, tourism, recreation, and
preservation of open space in a manner consistent with economic
development goals;
(7) to promote the development of renewable and alternative energy
sources;
(8) to grow the capacity for successful community economic
development in its region: and
(9) to otherwise achieve the purposes of this subtitle.
II. Forest Service's Categorical Exclusions
NBRC is in the process of developing its own list of CEs and, in
the interim, has identified specific CEs developed by the Forest
Service and codified in 36 CFR 220.6(d) and (e) as appropriate for NBRC
to adopt. Because the Forest Service and NBRC programs have similar
purposes that combine community economic development with resource
preservation and conservation, the Forest Service CE categories closely
align with the types of actions NBRC anticipates categorically
excluding at this time.
[[Page 30885]]
NBRC intends to implement the adopted Forest Service CEs in a
manner consistent with their original purpose and application. This
includes use of the Forest Service's list of extraordinary
circumstances (36 CFR 220.6(b)), CE-specific stipulations, and relevant
examples. To promote consistency and transparency, NBRC has also added
supplemental stipulations to each Forest Service CE adopted for NBRC
use.
NBRC is adopting the Forest Service's documentation procedures
outlined in 36 CFR 220.6(f) as a process framework but will apply only
those components that are relevant and appropriate to NBRC's programs
and authorities. This ensures that NBRC's use of the Forest Service CEs
listed in 36 CFR 220.6(d) and (e) remains consistent with their
intended scope and complies with the requirements of 42 U.S.C. 4336c,
while allowing necessary adaptations for NBRC's distinct programmatic
context. Additional details on how NBRC will implement, document, and
publicly disclose the use of these CEs are provided in Section III,
Documentation of Categorical Exclusion and Public Notice.
36 CFR 220.6(d) Categories of actions for which a project or case
file and decision memo are not required. A supporting record and a
decision memo are not required, but at the discretion of the
responsible official, may be prepared for the following categories:
(5) Repair and maintenance of recreation sites and facilities.
Examples include but are not limited to:
(i) Applying registered herbicides to control poison ivy on
infested sites in a campground;
(ii) Applying registered insecticides by compressed air sprayer to
control insects at a recreation site complex;
(iii) Repaving a parking lot; and
(iv) Applying registered pesticides for rodent or vegetation
control.
This CE would be applied to NBRC grants that promote tourism or
recreation, or grow the capacity for successful community economic
development through the routine repair and maintenance of recreation
sites and facilities on federal, state, tribal, or private lands in the
NBRC region. The use of fungicides, herbicides or pesticides under the
application of this CE would be limited to those with active
ingredients registered with the EPA.
36 CFR 220.6(e) Categories of actions for which a project or case
file and decision memo are required. A supporting record is required
and the decision to proceed must be documented in a decision memo for
the categories of action in paragraphs (e)(1) through (25) of this
section. As a minimum, the project or case file should include any
records prepared, such as: The names of interested and affected people,
groups, and agencies contacted; the determination that no extraordinary
circumstances exist; a copy of the decision memo; and a list of the
people notified of the decision. If the proposed action is approval of
a land management plan, plan amendment, or plan revision, the plan
approval document required by 36 CFR part 219 satisfies the decision
memo requirements of this section.
(1) Construction and reconstruction of trails. Examples include,
but are not limited to:
(i) Constructing or reconstructing a trail to a scenic overlook,
and
(ii) Reconstructing an existing trail to allow use by handicapped
individuals.
This CE would be applied to NBRC grants that promote tourism or
recreation, or grow the capacity for successful community economic
development through the construction and reconstruction of trails on
federal, state, tribal, or private lands in the NBRC region.
(2) Additional construction or reconstruction of existing telephone
or utility lines in a designated corridor. Examples include, but are
not limited to:
(i) Replacing an underground cable trunk and adding additional
phone lines, and
(ii) Reconstructing a power line by replacing poles and wires.
This CE would be applied to NBRC grants that support the
development of public or telecommunications infrastructure, or
otherwise grow the capacity for successful community economic
development through the routine construction and reconstruction of
telephone and electric utility lines on federal, state, tribal, or
private lands in the NBRC region.
(5) Regeneration of an area to native tree species, including site
preparation that does not involve the use of herbicides or result in
vegetation type conversion. Examples include, but are not limited to:
(i) Planting seedlings of superior trees in a progeny test site to
evaluate genetic worth, and
(ii) Planting trees or mechanical seed dispersal of native tree
species following a fire, flood, or landslide.
This CE would be applied to NBRC grants that promote resource
conservation, tourism, recreation, or the preservation of open space
through the regeneration of areas to native tree species on federal,
state, tribal, or private lands in the NBRC region.
(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.
This CE would be applied to NBRC grants that promote resource
conservation, tourism, recreation, or the preservation of open space,
or otherwise grow the capacity for successful community economic
development through timber stand and wildlife habitat improvement
activities on federal, state, tribal, or private lands in the NBRC
region. The construction of low standard roads under the application of
this CE would be limited to roads 1 mile or less in length constructed
for the primary purpose of accessing the timber stand and wildlife
habitat improvement activities that are otherwise inaccessible.
(7) Modification or maintenance of stream or lake aquatic habitat
improvement structures using native materials or normal practices.
Examples include, but are not limited to:
(i) Reconstructing a gabion with stone from a nearby source;
(ii) Adding brush to lake fish beds; and
(iii) Cleaning and resurfacing a fish ladder at a hydroelectric
dam.
This CE would be applied to NBRC grants that promote resource
conservation, tourism, or recreation, or otherwise grow the capacity
for successful community economic development through the modification
or maintenance of stream or lake aquatic habitat improvement structures
on federal, state, tribal, or private lands in the NBRC region.
(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
[[Page 30886]]
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.
This CE would be applied to NBRC grants that promote resource
conservation, tourism, or recreation, or otherwise grow the capacity
for successful community economic development through post-fire
rehabilitation activities on federal, state, tribal, or private lands
in the NBRC region.
(12) Harvest of live trees not to exceed 70 acres, requiring no
more than 1-2 mile of temporary road construction. Do not use this
category for even-aged regeneration harvest or vegetation type
conversion. The proposed action may include incidental removal of trees
for landings, skid trails, and road clearing. Examples include, but are
not limited to:
(i) Removal of individual trees for sawlogs, specialty products, or
fuelwood, and
(ii) Commercial thinning of overstocked stands to achieve the
desired stocking level to increase health and vigor.
This CE would be applied to NBRC grants that support the
development of transportation or public infrastructure, promote
resource conservation, provide job skills training, or otherwise grow
the capacity for successful community economic development through the
harvest of live trees on federal, state, tribal, or private lands in
the NBRC region.
(13) Salvage of dead and/or dying trees not to exceed 250 acres,
requiring no more than 1-2 mile of temporary road construction. The
proposed action may include incidental removal of live or dead trees
for landings, skid trails, and road clearing. Examples include, but are
not limited to:
(i) Harvest of a portion of a stand damaged by a wind or ice event
and construction of a short temporary road to access the damaged trees,
and
(ii) Harvest of fire-damaged trees.
This CE would be applied to NBRC grants that support the
development of transportation or public infrastructure, promote
resource conservation or job skills training, or grow the capacity for
successful community economic development through the salvage of dead
and/or dying trees on federal, state, tribal, or private lands in the
NBRC region.
(14) Commercial and non-commercial sanitation harvest of trees to
control insects or disease not to exceed 250 acres, requiring no more
than 1-2 mile of temporary road construction, including removal of
infested/infected trees and adjacent live uninfested/uninfected trees
as determined necessary to control the spread of insects or disease.
The proposed action may include incidental removal of live or dead
trees for landings, skid trails, and road clearing. Examples include,
but are not limited to:
(i) Felling and harvest of trees infested with southern pine
beetles and immediately adjacent uninfested trees to control expanding
spot infestations, and
(ii) Removal and/or destruction of infested trees affected by a new
exotic insect or disease, such as emerald ash borer, Asian long horned
beetle, and sudden oak death pathogen.
This CE would be applied to NBRC grants that promote resource
conservation, tourism, recreation, or job skills training through the
sanitation harvest of trees to control insects or disease on federal,
state, tribal, or private lands in the NBRC region.
(19) Removing and/or relocating debris and sediment following
disturbance events (such as floods, hurricanes, tornados, mechanical/
engineering failures, etc.) to restore uplands, wetlands, or riparian
systems to pre-disturbance conditions, to the extent practicable, such
that site conditions will not impede or negatively alter natural
processes. Examples include but are not limited to:
(i) Removing an unstable debris jam on a river following a flood
event and relocating it back in the floodplain and stream channel to
restore water flow and local bank stability;
(ii) Clean-up and removal of infrastructure flood debris, such as,
benches, tables, outhouses, concrete, culverts, and asphalt following a
hurricane from a stream reach and adjacent wetland area; and
(iii) Stabilizing stream banks and associated stabilization
structures to reduce erosion through bioengineering techniques
following a flood event, including the use of living and nonliving
plant materials in combination with natural and synthetic support
materials, such as rocks, riprap, geo-textiles, for slope
stabilization, erosion reduction, and vegetative establishment and
establishment of appropriate plant communities (bank shaping and
planting, brush mattresses, log, root wad, and boulder stabilization
methods).
This CE would be applied to NBRC grants that support the
development of transportation or public infrastructure, promote
resource conservation or recreation, or otherwise grow the capacity for
successful community economic development through the removal and
relocation of debris and sediment following disturbance events to
restore uplands, wetlands, or riparian systems on federal, state,
tribal, or private lands in the NBRC region.
III. Documentation of Categorical Exclusion and Public Notice
NBRC will document the use of the above CEs for each project to
which they are applied and will maintain this documentation in the
project's records within NBRC's online file storage system. The CEs
will be documented in a ``Memorandum for Record'' format to stay
consistent across projects. NBRC annually provides required NEPA
dedicated training to our State, regional, and local partners, as well
as our grantees. NBRC's NEPA process, including all templates, guidance
documents, procedures, etc., are made available to the public on NBRC's
NEPA-dedicated web page.
IV. Consideration of Extraordinary Circumstances
If an agency determines that a CE covers a proposed action, the
agency must evaluate the proposed action for extraordinary
circumstances in which a normally excluded action may have a
significant environmental effect.
NBRC does not currently have its own NEPA implementing procedures
to guide the application of extraordinary circumstances. Because NBRC
has adopted categorical exclusions from more than one agency, it will
apply the extraordinary circumstances framework that corresponds to the
originating agency for each CE. For example, when using a Forest
Service CE, NBRC will apply the Forest Service's extraordinary
circumstances criteria, as set out in 36 CFR 220.6(b).
When using a Denali Commission CE, NBRC will apply the Denali
Commission's extraordinary circumstances factors as outlined in 45 CFR
900.204(c). This approach ensures that each CE is applied in a manner
consistent with its original intent, as required by 42 U.S.C. 4336c.
36 CFR 220.6(b)(1) Resource conditions that should be considered in
determining whether extraordinary circumstances related to a proposed
action warrant further analysis and documentation in an EA or an EIS
are:
(i) Federally listed threatened or endangered species or designated
critical habitat, species proposed for Federal listing or proposed
critical habitat, or Forest Service sensitive species;
[[Page 30887]]
(ii) Floodplains, wetlands, or municipal watersheds;
(iii) Congressionally designated areas, such as wilderness,
wilderness study areas, or national recreation areas;
(iv) Inventoried roadless area or potential wilderness area;
(v) Research natural areas;
(vi) American Indians and Alaska Native religious or cultural
sites; and
(vii) Archaeological sites, or historic properties or areas.
These resource concerns will be reviewed by NBRC when applying
Forest Service CEs to determine whether a proposed action may have the
potential to result in significant environmental effects. If
extraordinary circumstances are present and cannot be resolved, NBRC
will prepare an EA or EIS or determine whether the action is covered
under an existing NEPA document. NBRC's consideration of extraordinary
circumstances will be documented consistent with the approach outlined
in Section III, Documentation of Categorical Exclusion and Public
Notice.
V. Consultation With USFS and NBRC on CE Adoption
In July, 2025, NBRC and USFS met to discuss the adoption of
aforementioned categorical exclusions. NBRC's intended uses of the CE's
are consistent with the way USFS has been relying on these CEs. NBRC
explained the way they intend to rely on the CEs with specific examples
of the projects NBRC is funding. Following this consultation, NBRC has
determined that its proposed use of the USFS CEs as described in this
notice is appropriate.
VI. Conclusion
This notice documents adoption of the Forest Service CEs listed
above in accordance with 42 U.S.C. 4336c(4), and they are available for
use by NBRC, effective immediately.
Jonathan O'Rourke,
Senior Program Specialist.
[FR Doc. 2025-12958 Filed 7-10-25; 8:45 am]
BILLING CODE 6820-SZ-P
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