Notice2025-16759
Notice of Adoption of Categorical Exclusions Under Section 109 of the National Environmental Policy Act
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Published
September 2, 2025
Effective
September 2, 2025
Issuing agencies
Interior Department
Abstract
Under section 109 of the National Environmental Policy Act (NEPA), the Department of the Interior (Department) notifies the public about and documents the Bureau of Land Management's (BLM) adoption of 2 Department of the Navy (DON), 1 Department of Homeland Security (DHS), 1 U.S. Army Corps of Engineers (USACE), 28 Department of Energy (DOE), 1 Bureau of Indian Affairs (BIA), 1 Bureau of Reclamation (BOR), 8 National Park Service (NPS), 1 U.S. Fish and Wildlife Service (FWS), 5 U.S. Geological Survey (USGS), 1 Federal Highway Administration (FHWA), 4 Tennessee Valley Authority (TVA), 1 Animal and Plant Health Inspection Service (APHIS), 1 Farm Service Agency (FSA), 9 U.S. Forest Service (USFS), and 1 Rural Utility Service (RUS) categorical exclusions (CXs) for activities involving forest management, wildlife management, fire management, wild horse and burro management, recreation, minerals, realty, resource protection, and emergency management. In accordance with section 109, this notice identifies the types of actions for which the BLM will rely on the CXs, the considerations that the BLM will use in determining the applicability of the CXs, and the consultation between agencies on the use of the CXs, including application of extraordinary circumstances.
Full Text
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<title>Federal Register, Volume 90 Issue 167 (Tuesday, September 2, 2025)</title>
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[Federal Register Volume 90, Number 167 (Tuesday, September 2, 2025)]
[Notices]
[Pages 42432-42439]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16759]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[A2407-014-004-065516; #O2412-014-004-047181.1; LLHQ210000]
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: Under section 109 of the National Environmental Policy Act
(NEPA), the Department of the Interior (Department) notifies the public
about and documents the Bureau of Land Management's (BLM) adoption of 2
Department of the Navy (DON), 1 Department of Homeland Security (DHS),
1 U.S. Army Corps of Engineers (USACE), 28 Department of Energy (DOE),
1 Bureau of Indian Affairs (BIA), 1 Bureau of Reclamation (BOR), 8
National Park Service (NPS), 1 U.S. Fish and Wildlife Service (FWS), 5
U.S. Geological Survey (USGS), 1 Federal Highway Administration (FHWA),
4 Tennessee Valley Authority (TVA), 1 Animal and Plant Health
Inspection Service (APHIS), 1 Farm Service Agency (FSA), 9 U.S. Forest
Service (USFS), and 1 Rural Utility Service (RUS) categorical
exclusions (CXs) for activities involving forest management, wildlife
management, fire management, wild horse and burro management,
recreation, minerals, realty, resource protection, and emergency
management. In accordance with section 109, this notice identifies the
types of actions for which the BLM will rely on the CXs, the
considerations that the BLM will use in determining the applicability
of the CXs, and the consultation between agencies on the use of the
CXs, including application of extraordinary circumstances.
DATES: The BLM's adoption of the CXs described in this notice is
effective September 2, 2025.
FOR FURTHER INFORMATION CONTACT: Amelia Savage, Senior Planning and
Environmental Analyst, Division of Support, Planning and NEPA,
<a href="/cdn-cgi/l/email-protection#1f7e736c7e697e787a5f7d737231787069"><span class="__cf_email__" data-cfemail="a7c6cbd4c6d1c6c0c2e7c5cbca89c0c8d1">[email protected]</span></a>, telephone (480) 307-8665.
SUPPLEMENTARY INFORMATION:
Background
Programs Background
1. 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 with standard and expanded amenities.
An estimated 82 million visitors enjoy outdoor recreation on the BLM-
managed public lands every year. The Recreation Program also supports
the BLM's Travel and Transportation Management Program, which includes
trails, roads, primitive roads, and associated parking lots and trail
heads. The BLM's Recreation Program is similar to those managed by the
USFS and the TVA. The BLM, USFS, and TVA recreation programs manage
similar types of facilities, including roads, trails, parking areas,
trailheads, picnic areas, viewpoints, campgrounds, and boat launch
sites, and all three programs manage organized and commercial
recreation activities through specific authorization and permit
processes.
2. Minerals
The BLM's Energy and Minerals Programs manage the development of
Federal minerals, including, but not limited to, oil and gas, coal,
gold, copper, geothermal resources, and sand and gravel. The BLM seeks
to find innovative methods to benefit the public by supporting local
economies and providing dependable sources of domestic energy and
minerals. Development of these energy and mineral resources
economically benefit the Nation and the states and also provide sources
of royalty revenue. The BLM manages the Federal Government's onshore
subsurface mineral estate--about 700 million acres (30 percent of the
United States)--for the benefit of the American public consistent with
the Mineral Leasing Act of 1920, as amended, and other applicable
statutes, including the Mineral Leasing Act for Acquired Lands, the
Mining Law of 1872, the Geothermal Steam Act, and the Materials Act of
1947. It also regulates operations that develop Indian minerals.
3. Forest Management
The BLM manages close to 58 million acres of forest and woodlands
across 12 Western States and Alaska. BLM forests are managed for
sustained yield timber production under the Oregon and California
Railroad Grant Lands Act of 1937 and the Federal Land Policy and
Management Act of 1976 (FLPMA) for the 2.4 million acres in western
Oregon, and under the multiple-use and sustained-yield principles of
FLPMA for the balance of public lands. The BLM manages forests to
maintain healthy forest ecosystems that provide ecosystem services such
as clean water, fish and wildlife habitats, economic opportunities from
recreational use, and the harvest of forest products. A significant
management issue in many forest types is overly dense conditions that
are susceptible to high-severity wildfire, insect epidemics, and
sensitivity to drought. Thinning treatments to reduce crown fire
potential have been proven effective at preventing the loss of forest
while also maintaining key ecosystem and habitat components.
4. Wild Horse and Burro
The BLM manages and protects wild horses and burros on 26.9 million
acres of public lands across 10 Western States under the Wild and Free-
Roaming Horses and Burros Act of 1971 and as part of its mission to
administer public lands for a variety of uses. The Wild Horse and Burro
Program's goal is to manage healthy wild horses and burros on healthy
public rangelands. This includes reducing overpopulation on rangelands
through a variety of methods such as direct removal and fertility
treatments. After being removed from the range, animals are adopted,
sold, or placed into off-range pastures and corrals.
5. Wildlife
The BLM's Wildlife Program manages wildlife habitat to help ensure
self-
[[Page 42433]]
sustaining, abundant, and diverse populations of wildlife on public
lands. In order to provide for the long-term conservation of wildlife
resources, the BLM supports numerous habitat maintenance and
restoration activities. BLM-managed lands are vital to thousands of
mammal, reptile, avian, and amphibian species. Managing more wildlife
habitat than any other Federal agency, the BLM's wildlife program helps
ensure self-sustaining populations and a natural abundance and
diversity of wildlife on public lands. Overall, the BLM manages habitat
for more than 3,000 species of wildlife dispersed over some of the
Nation's most ecologically diverse and unique habitats. In order to
provide for the long-term protection of wildlife resources, the BLM
supports numerous habitat conservation activities, many funded through
partnerships with Federal, state, and nongovernmental organizations.
6. Fire Management
The BLM conducts a broad range of actions to protect the public,
natural landscapes, wildlife habitat, recreational areas, and other
values and resources. The primary goals of the BLM's Fire Management
Program are to create resilient landscapes, fire adapted communities,
and safe and effective wildfire response. These goals are accomplished
by implementing strategies to minimize the impact of wildfires on
communities, infrastructure, and resources; actively managing
vegetation, including invasive species, to lower the threat of
wildfires; and establishing lines of defense to improve the safety and
the success of fire suppression efforts.
7. Rights-of-Way (ROW)
The BLM Lands and Realty Program processes applications for ROW or
other land use authorizations that facilitate commercial, non-
commercial, recreational, and other activities to ensure that the
public lands are working landscapes managed for the use and enjoyment
of current and future generations, including for communication sites,
transmission lines, fiber optic infrastructure, and energy.
8. Resource Protection
The BLM'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. These resources are
important ensuring that current and future generations of American
Indian and Alaska Native communities retain the ability to connect to
their natural and cultural heritage.
9. Emergency Stabilization
The BLM takes planned and emergency actions to stabilize and
prevent degradation to natural and cultural resources, to minimize
threats to life and property resulting from the effects of fire and
other emergencies, or to repair, replace, or construct physical
improvements necessary to prevent degradation of land or resources.
National Environmental Policy Act (NEPA) and Categorical Exclusions
(CXs)
NEPA, as amended, 42 U.S.C. 4321-4347, requires all Federal
agencies to consider the potential environmental impact of their
proposed actions before deciding whether and how to proceed in taking
any major Federal action significantly affecting the quality of the
human environment. 42 U.S.C. 4321, 4332. 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. 4331.
Under NEPA, a Federal agency can establish CXs--categories of
actions that normally do not have a significant effect on the human
environment and therefore do not require preparation of an
environmental assessment (EA) or an environmental impact statement
(EIS). 42 U.S.C. 4336e(1). These CXs are listed in an agency's NEPA
implementation procedures. In accordance with that agency's NEPA
procedures, if the agency determines that a CX covers a proposed
action, it then evaluates the proposed action to determine whether any
extraordinary circumstances are present that indicate the normally
excluded action may have a significant effect. 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).
Section 109 of NEPA, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to ``adopt'' another agency's CX
for a category of proposed agency actions. 42 U.S.C. 4336c. To adopt
another agency's CX 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 the relevant
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 initial documentation and
notification of the BLM's planned adoption of these 65 CXs occurred on
May 9, 2025, via BLM's National NEPA Register (https://
eplanning.blm.gov/eplanning-ui/
search?filterSearch=%7B''states'':%5B''G_NA''%5D,''offices'':null,''proj
ectTypes'':%5B10%5D,''programs'':null,''years'':%5B''2025''%5D,''open'':
false,''active'':false%7D). The BLM has prepared this notice to notify
the public and describe how it has met applicable statutory
requirements for the adoption of the 65 CXs, as described below, that
are found at:
<bullet> 32 CFR 775.6(f)(39) and (40);
<bullet> 33 CFR 230.9(i);
<bullet> 10 CFR part 1021, subpart D, appendix B, paragraph B1.2,
B1.8, B1.10, B1.12, B1.16, B1.17, B1.18, B1.19, B1.21, B1.26, B1.28,
B1.29, B1.33, B1.34, B1.35, B3.1, B3.7, B4.11, B5.3, B5.5, B5.6, B5.15,
B5.16, B6.1, B6.2, B6.4, B6.9 and B6.10;
<bullet> DHS Instruction Manual 023-01-001-01, Implementation of
the National Environmental Policy Act (NEPA), appendix A, table 1, B3;
<bullet> 516 Departmental Manual (DM) 10.5(M)(5);
<bullet> 516 DM 14.5D(1);
<bullet> 516 DM 12.5 A(1), A(6), B(1), C(4), C(6), C(17), D(4) and
D(5);
<bullet> 516 DM 8.5 B(5);
<bullet> 516 DM 9.5 (B), (F), (G), (I), and (K);
<bullet> 23 CFR 771.117(c)(28);
<bullet> 18 CFR part 1318, subpart C, appendix A, n. 16, 19, 30,
and 31;
<bullet> 7 CFR 372.5(c)(1);
<bullet> 7 CFR 799.31(b)(4);
<bullet> 36 CFR 220.6(d)(4), (8), and (11); 36 CFR 220.6(e)(3),
(6), (8), (19), (24) and (25); and
<bullet> 7 CFR 1970.54(c)(2).
Note that the CXs adopted from other DOI bureaus (BIA, BOR, FWS,
NPS, and USGS) can also be found in the DOI Handbook of NEPA
Implementing Procedures, Appendix 2 Bureau Categorical Exclusions.
The Department is adopting the following 65 CXs for use by the BLM.
Categorical Exclusions That Are Adopted
Department of the Navy (DON)
The BLM has identified the following DON CX, found at 32 CFR
775.6(f)(39), which applies to oil, gas, geothermal, and geophysical
pre-lease exploration activities. The BLM intends to rely on the CX
when authorizing, for example and without limitation, activities to
explore for oil, gas, and geothermal
[[Page 42434]]
resources prior to issuing a lease. This CX was previously adopted only
for use with geothermal exploration actions (89 FR 28797, Apr. 19,
2024) and is now being adopted in whole.
The BLM has identified the following DON CX, found at 32 CFR
775.6(f)(40), which applies to installing devices to protect human or
animal life. The BLM intends to rely on the CX when authorizing, for
example and without limitation, fencing or gating at abandoned mines,
surface mines, or other hazardous areas.
U.S. Army Corps of Engineers (USACE)
The BLM has identified the following USACE CX, found at 33 CFR
230.9(i), which applies to minor ROWs for access roads, boat ramps, and
utilities. The BLM intends to rely on the CX when authorizing, for
example and without limitation, ROWs for utilities, such as powerlines
and pipelines and construction of minor boat ramps within the
parameters of the CX.
Department of Energy (DOE)
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.2, which applies to site
training exercises and simulations. The BLM intends to rely on the CX
when authorizing, for example and without limitation, training
exercises related to military, fire, rescue, police, state, local and
Federal agencies and other training exercises and simulations on BLM-
managed lands within the parameters of the CX.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.8, which applies to screened
water intake and outflow structures. The BLM intends to rely on this CX
when authorizing, for example and without limitation, modifications to
screened water intake and outflow structures, such as fish screens.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.10, which applies to onsite
storage of activated material. Activated materials are radionuclides
with short half-lives (days or weeks). BLM's intended use for the
reliance on this CX include, but are not limited to, storage of
activated material when discovered in the field.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.12, which applies to
detonation or burning of explosives or propellants not consumed in
testing. The BLM intends to rely on this CX when authorizing, for
example and without limitation, outdoor detonation or burning of
explosives or propellants when these items are found on BLM-managed
lands.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.16, which applies to asbestos
removal. The BLM intends to rely on the CX when removing asbestos from
BLM-owned facilities, consistent with the parameters of the CX.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.17, which applies to
polychlorinated biphenyl (PCB) removal. The BLM intends to rely on the
CX when authorizing, for example and without limitation, removal of PCB
from oil and gas well locations and disposal of the material at
approved locations.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.18, which applies to water
supply wells. The BLM intends to rely on the CX when authorizing, for
example and without limitation, siting, construction, operation, and
plugging and abandonment of new water supply wells within existing oil
and gas fields or modification of existing water supply wells.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.19, which applies to
microwave, meteorological, and radio towers. The BLM's realty program
would rely on the CX when authorizing, for example and without
limitation, siting, modification, operation, and removal of existing
communications facilities and associated infrastructure. Additionally,
the BLM may rely on this CX when authorizing new land uses that support
the adjacent communications facilities. The BLM adopted this CX
previously only for use with existing communication facilities (90 FR
4774, Jan. 16, 2025) and is now adopting it in whole.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.21, which applies to noise
abatement. The BLM intends to rely on the CX when authorizing, for
example and without limitation, mitigation in connection with permits
for activities with noise effects that require noise abatement.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.26, which applies to small
water treatment facilities of less than 250,000 gallons per day
capacity. The BLM intends to rely on the CX when authorizing, for
example and without limitation, wastewater and surface water treatment
facilities with less than 250,000 gallons per day capacity consistent
with the CX.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.28, which applies when
placing a facility in an environmentally safe condition. The BLM
intends to rely on the CX when authorizing, for example and without
limitation, retrofitting facilities to ensure visitor safety consistent
with the CX.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.29, which applies to disposal
facilities for construction and demolition waste. The BLM intends to
rely on the CX when authorizing, for example and without limitation,
onsite burial of construction material associated with construction
projects located on BLM-managed land, consistent with the CX text.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.33, which applies to
stormwater runoff control. The BLM intends to rely on the CX when
authorizing, for example and without limitation, stormwater control
activities to reduce storm water runoff and maintain natural hydrology.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.34, which applies to lead-
based paint containment, removal, and disposal. The BLM intends to rely
on the CX when authorizing activities that contain, remove, and dispose
of lead-based paint on BLM-managed facilities.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B1.35, which applies to drop-
off, collection, and transfer facilities for recyclable materials. The
BLM intends to rely on the CX when authorizing, for example and without
limitation, installation of recycle stations in high use visitor areas
to reduce the amount of waste from visitors.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B3.1, which applies to site
characterization and environmental monitoring. The BLM intends to rely
on the CX when authorizing, for example and without limitation,
geological, geophysical, geochemical, and engineering surveys and
mapping, the establishment of survey marks, and the drilling of wells
for sampling of groundwater or monitoring of groundwater.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B3.7,
[[Page 42435]]
which applies to new terrestrial infill exploratory and experimental
wells. The BLM intends to rely on the CX when authorizing, for example
and without limitation, installation of extraction or injection use
wells within an existing field consistent with the parameters of the
CX.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B4.11, which applies to electric
power substations and interconnection facilities. The BLM intends to
rely on the CX when authorizing, for example and without limitation,
construction or modification of electric power substations or
interconnection facilities.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B5.3, which applies to the
modification or abandonment of wells. The BLM intends to rely on the CX
when authorizing, for example and without limitation, plugging and
abandonment of wells and modification of existing wells consistent with
the parameters of the CX.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B5.5, which applies to short
pipeline segments. The BLM intends to rely on the CX when authorizing,
for example and without limitation, construction, operations, and
abandonment of pipelines of 20 miles or less within previously
disturbed or developed ROWs.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B5.6, which applies to oil spill
cleanup. The BLM intends to rely on the CX when authorizing, for
example and without limitation, removal and disposal of material
contaminated by oil and other contaminated material from oil and gas
facilities, ROWs, trespass actions, and other permits.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B5.15, which applies to small-
scale renewable energy research and development and pilot projects. The
BLM intends to rely on the CX when authorizing, for example and without
limitation, small-scale research and design projects to test new
renewable energy technology in previously disturbed or developed areas.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B5.16, which applies to solar
photovoltaic systems. The BLM intends to rely on the CX when
authorizing, for example and without limitation, installation of solar
photovoltaic systems on or adjacent to existing facilities (i.e.,
recreation sites, fire annex buildings, and other BLM-owned facilities)
and construction of solar photovoltaic systems on previously disturbed
or developed lands. This CX was previously adopted only for
installation of solar photovoltaic systems on or adjacent to existing
facilities (90 FR 4774, Jan. 16, 2025), it is now being adopted in
whole.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B6.1, which applies to cleanup
actions. The BLM intends to rely on the CX when authorizing, for
example and without limitation, small-scale, short-term cleanup actions
to clean up materials left from the Cold War, military operations, and
shooting sites. ``Small scale,'' as that term is used in the CX, is
defined by DOE at 10 CFR part 1021, subpart D.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B6.2, which applies to waste
collection, treatment, stabilization, and containment facilities. The
BLM intends to rely on the CX when authorizing, for example and without
limitation, siting, construction, and operation of temporary waste
collection and treatment facilities.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B6.4, which applies to
facilities for storing packaged hazardous waste for 90 days or less.
The BLM intends to rely on the CX when authorizing, for example and
without limitation, storage of packaged hazardous wastes for less than
90 days.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B6.9, which applies to temporary
measures to reduce migration of contaminated groundwater. The BLM
intends to rely on the CX when authorizing, for example and without
limitation, temporary measures to reduce movement of groundwater
contamination consistent with the CX parameters.
The BLM has identified the following DOE CX, found at 10 CFR part
1021, subpart D, appendix B, paragraph B6.10, which applies to small
upgraded or replacement waste storage facilities. The BLM intends to
rely on the CX when authorizing, for example and without limitation,
siting, construction, modification, expansion, operation, and
decommissioning of a small upgraded or replacement facility (less than
approximately 50,000 square feet in area) within or contiguous to a
previously disturbed or developed area (where active utilities and
currently used roads are readily accessible) for storage of waste that
is already at the site at the time the storage capacity is to be
provided.
Several of these CXs refer 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 would use their
regulations, best management practices, and industry standards when
using CXs that mention ``best practices and protocols.''
Department of Homeland Security (DHS)
The BLM has identified the following DHS CX, found at DHS
Instruction Manual 023-01-001-01, Implementation of the National
Environmental Policy Act (NEPA), appendix A, table 1, B3, which applies
to proposed activities and operations to be conducted in existing
structures and upgrades to existing facilities. The BLM intends to rely
on the CX when, for example and without limitation, issuing and
renewing contracts for off-range pastures and corrals for wild horses
and burros and making minimal, but necessary, upgrades that have no
significant environmental impacts to these existing facilities.
Bureau of Indian Affairs (BIA)
The BLM has identified the following BIA CX, found at 516 DM
10.5(M)(5), which applies to the conversion of abandoned oil wells to
water wells. The BLM intends to rely on the CX when authorizing
activities to convert abandoned oil and gas wells to water wells.
Bureau of Reclamation (BOR)
The BLM has identified the following BOR CX, found at 516 DM 14.5
D(1), which applies to maintenance, rehabilitation, and replacement of
existing facilities which may involve a minor change in size, location,
and/or operation. Consistent with the CX text, the BLM intends to rely
on the CX when, for example and without limitation, taking action to
maintain, replace, or rehabilitate existing facilities, such as visitor
centers, range improvement projects, fences, parking lots, culverts,
roads, trails, and camp sites.
[[Page 42436]]
National Park Service (NPS)
The BLM has identified the following NPS CX, 516 DM 12.5 A(1),
which applies to changes or amendments to an approved action. The BLM
intends to rely on this CX when, for example and without limitation,
modifying terms and conditions as appropriate to enhance safety or make
other improvements to an ongoing operation, allowing a proposed use on
a previously disturbed area, and approving surface disturbing sundry
notices for oil and gas related actions where no environmental
consequences will occur. This CX would not be used to make continuous
changes to an action to circumvent a finding of significant impact or
an extraordinary circumstance.
The BLM has identified the following NPS CX, 516 DM 12.5 A(6),
which applies to the issuances, extensions, renewals, reissuances, or
minor modifications of permits not entailing new construction. The BLM
intends to rely on this CX when, for example and without limitation,
issuing, extending, renewing, reissuing, and modifying special
recreation permits or other authorizations that do not require
construction.
The BLM has identified the following NPS CX, 516 DM 12.5 B(1),
which applies to changes or amendments to an approved plan. The BLM
intends to rely on this CX when making, for example and without
limitation, changes to travel management plans, Areas of Critical
Environmental Concern plans, allotment management plans or their
functional equivalent, and resource plans where the changes result in
no or minimal environmental impact. This CX would not be applied to
Resource Management Plans and would not be used to make continuous
changes to an action to circumvent a finding of significant impact.
The BLM has identified the following NPS CX, 516 DM 12.5 C(4),
which applies to routine maintenance and repairs to cultural resource
sites, structures, utilities, and grounds. The BLM intends to rely on
this CX when authorizing, for example and without limitation,
maintenance and repair of culture resource sites, including buildings
and other structures, consistent with existing BLM guidance.
The BLM has identified the following NPS CX, 516 DM 12.5 C(6),
which applies to the installation of navigation aids. The BLM intends
to rely on this CX when, for example and without limitation, installing
navigation aids on BLM-managed lands and waters as appropriate.
The BLM has identified the following NPS CX, 516 DM 12.5 C(17),
which applies to the construction of minor structures in previously
disturbed or developed areas. The BLM intends to rely on this CX when
authorizing, for example and without limitation, construction of
structures related to third-party permitted use, recreation facilities,
and rangeland management in previously disturbed or developed areas.
The BLM has identified the following NPS CX, 516 DM 12.5 D(4),
which applies to minor changes in programs and regulations pertaining
to visitor activities. The BLM intends to rely on this CX when making,
for example and without limitation, temporary closures, service
availability schedules, program policy, rulemakings, or implementation
plan adjustments, such as when closing a trail to the public to execute
a trail improvement contract.
The BLM has identified the following NPS CX, 516 DM 12.5 D(5),
which applies to the issuance of permits for demonstrations,
gatherings, ceremonies, concerts, arts and crafts shows, etc. The BLM
intends to rely on this CX when, for example and without limitation,
issuing special recreation permits for demonstrations, gatherings,
ceremonies, concerts, and arts and crafts shows, including events like
a Tribal religious ceremony on public lands or community organized
musical or artistic display of talent.
U.S. Fish and Wildlife Service (FWS)
The BLM has identified the following FWS CX, 516 DM 8.5 B(5), which
applies to fire management activities, including prevention and
restoration measures. The BLM intends to rely on this CX when, for
example and without limitation, authorizing vegetation management
activities by manual, mechanical, prescribed fire, chemical,
biological, and planting methods.
U.S. Geological Survey (USGS)
The BLM has identified the following USGS CX, found at 516 DM
9.5(B), which applies to routine exploratory or observation groundwater
well drilling operations. The BLM intends to rely on this CX when
authorizing, for example and without limitation, collection of data for
various resources, including, but not limited to, minerals and
hydrologic and geologic resources.
The BLM has identified the following USGS CX, found at 516 DM
9.5(F), which applies to routine exploratory or observation groundwater
well drilling operations. The BLM intends to rely on this CX when
authorizing, for example and without limitation, drilling of
groundwater wells to test for mineral density that are typically no
deeper than 600 feet.
The BLM has identified the following USGS CX, found at 516 DM
9.5(G), which applies to test or exploration drilling and downhole
testing. The BLM intends to rely on this CX when authorizing, for
example and without limitation, exploratory drilling and downhole
testing.
The BLM has identified the following USGS CX, found at 516 DM
9.5(I), which applies to digging and subsequent site restoration of
exploratory trenches with no more than one acre of surface disturbance.
The BLM intends to rely on this CX when authorizing, for example and
without limitation, digging and trenching to explore for various
resources with no more than one acre of surface disturbance.
The BLM has identified the following USGS CX, found at 516 DM
9.5(K), which applies to off-road travel to drilling, data collection
or observation sites. The BLM intends to rely on this CX when
undertaking or authorizing, for example and without limitation, off-
road travel to drilling, data collection, or observation sites by
truck, all-terrain vehicle, and utility terrain vehicle.
Federal Highway Administration (FHWA)
The BLM has identified the following FHWA CX, found at 23 CFR
771.117(c)(28), which applies to bridge rehabilitation, reconstruction,
or replacement or at-grade railroad crossing replacement. Consistent
with the CX text, the BLM intends to rely on the CX when
rehabilitating, reconstructing, or replacing existing bridges or
replacing at-grade railroad crossings.
The BLM would document the constraints outlined in 23 CFR
771.117(e)(1)-(6), which the BLM is also adopting as part of this CX.
Those include: (1) An acquisition of more than a minor amount of ROW or
that would result in any residential or non-residential displacements;
(2) An action that needs a bridge permit from the U.S. Coast Guard, or
an action that does not meet the terms and conditions of a U.S. Army
Corps of Engineers nationwide or general permit under section 404 of
the Clean Water Act and/or section 10 of the Rivers and Harbors Act of
1899; (3) An action where there is an associated finding of ``adverse
effect'' to historic properties under the National Historic
Preservation Act, or the use of a resource protected under 23 U.S.C.
138 or section 4(f) of the Department of Transportation (DOT) Act, 49
U.S.C.
[[Page 42437]]
303(f)(1), except for actions resulting in de minimis impacts, or a
finding of ``may affect, likely to adversely affect'' threatened or
endangered species or critical habitat under the Endangered Species Act
(ESA); (4) Construction of temporary access or the closure of existing
road, bridge, or ramps that would result in major traffic disruptions;
(5) Changes in access control; (6) A floodplain encroachment other than
functionally dependent uses (e.g., bridges, wetlands) or actions that
facilitate open space use (e.g., recreational trails, bicycle, and
pedestrian paths); or construction activities in, across or adjacent to
a river component designated or proposed for inclusion in the National
System of Wild and Scenic Rivers.
Consistent with FHWA's application, the BLM may still apply the CX
even if the constraints in section 771.117(e)(1)-(6) are present,
pursuant to section 771.117(d)(13), which the BLM is also adopting.
Under that provision, the CX may be used if there is documentation that
demonstrates that significant environmental effects will not result.
Therefore, the BLM may rely on the CX if it can justify and clearly
explain how the action fits within the category of actions the CX
covers and there is a written explanation as to why no significant
environmental impacts will result.
The BLM would not complete a review of the DOT Act section 4(f)
requirements under the third criterion above when applying this CX to a
BLM action on BLM-managed lands. Section 4(f) applies when the DOT
approves a transportation program or project that uses section 4(f)
property. The BLM is not required to make section 4(f) determinations.
If the BLM applies this CX to a DOT project, then DOT's determination
would be documented under the relevant criterion.
Tennessee Valley Authority (TVA)
The BLM has identified the following TVA CX, found at 18 CFR part
1318, subpart C, appendix A, n.16, which applies to construction of new
10-mile transmission line and construction of electric power
substations or interconnection facilities. The BLM intends to rely on
this CX when authorizing, for example and without limitation,
construction of 10-mile transmission lines that do not authorize more
than a 125-acre ROW and construction of 10-acre electric power
substations or interconnection facilities.
The BLM has identified the following TVA CX, found at 18 CFR part
1318, subpart C, appendix A, n.19, which applies to removal of
conductors and structures or cessation of ROW vegetation management
when transmission infrastructure is retired and rebuilding transmission
lines of 25 miles or less. The BLM intends to rely on this CX when
authorizing removal of decommissioned transmission infrastructure and
the rebuilding of transmission lines within or contiguous to existing
ROWs of no more than 25 miles in length or 125-acre ROW expansion.
The BLM has identified the following TVA CX, found at 18 CFR part
1318, subpart C, appendix A, n.30, which applies to actions to
maintain, restore, or enhance terrestrial ecosystems. The BLM intends
to rely on this CX when authorizing, for example and without
limitation, vegetation management through manual or mechanized methods
(mastication, mowing, and mechanized thinning), prescribed fire,
fencing, and habitat restoration on up to 125 acres.
The BLM has identified the following TVA CX, found at 18 CFR part
1318, subpart C, appendix A, n.31, which applies to forest management
actions. The BLM intends to rely on this CX when authorizing, for
example and without limitation, silvicultural thinning treatments to
improve forest resilience to wildfire, insect, disease, and drought on
up to 125 acres; manual, mechanized, or prescribed fire methods to thin
trees; salvage harvest of dead and dying trees to reduce heavy fuels
from tree mortality after severe wildfire, insect, or disease
infestation, and storm damage on up to 250 acres; and site preparation
and tree planting of native species on up to 125 acres.
Animal and Plant Health Inspection Service (APHIS)
The BLM has identified the following APHIS CX, found at 7 CFR
372.5(c)(1), which applies to routine measures, such as, inspections,
surveys, sampling that does not cause physical alteration of the
environment, testing, seizures, quarantines, removals, sanitizing,
inoculations, control, and monitoring employed by agency programs to
pursue their missions and functions. The BLM intends to rely on this CX
when, for example and without limitation, applying hand-delivered and
dart-delivered fertility control vaccines to reduce population growth
of wild horses and burros on public rangelands. BLM's and APHIS's
interpretation of part (C) of the CX, which provides that ``[t]he use
does not adversely affect any federally protected species or critical
habitat,'' is that it refers to species listed under the ESA.
Farm Service Agency (FSA)
The BLM has identified the following FSA CX, found at 7 CFR
799.31(b)(4) which applies to planting actions. The BLM intends to rely
on this CX when authorizing, for example and without limitation,
agricultural activities under 2920 permits where no new surface
disturbance would occur.
U.S. Forest Service (USFS)
The BLM has identified the following USFS CX, found at 36 CFR
220.6(d)(4), which applies to the repair and maintenance of roads,
trails, and landline boundaries. The BLM intends to rely on this CX
when authorizing, for example and without limitation, actions that
repair and maintain existing BLM roads and trails, such as hazardous
tree removal, road resurfacing, removing brush along a trail, shaving
cut banks, extending or replacing culverts, constructing rolling dips,
changing road drainage, cleaning inside ditches, and increasing road
turnouts or parking availability and access.
The BLM has identified the following USFS CX, found at 36 CFR
220.6(d)(8), which applies to the approval, modification, or
continuation of minor, short-term, special uses (as defined by USFS
Manual 2700). The BLM intends to rely on this CX when, for example and
without limitation, issuing, renewing, or modifying special recreation
permits, such as a long-distance endurance event that occurs once per
year, permits under 43 CFR part 2920, and permits for other uses that
are within the meaning of minor, short-term, special uses as that term
and concept are used in the USFS Manual 2700.
The BLM has identified the following USFS CX, found at 36 CFR
220.6(d)(11), which applies to the issuance of a new special use
authorization (as defined by USFS Manual 2700) to replace an existing
or expired special use authorization when an administrative change is
made. The BLM intends to rely on this CX when, for example and without
limitation, replacing an existing or expired special recreation permit
or permit for another use that is within the meaning of special use as
that term and concept are used in the USFS Manual 2700.
The BLM has identified the following USFS CX, found at 36 CFR
220.6(e)(3), which applies to the approval, modification, or
continuation of minor special uses of National Forest Service (NFS)
lands that require less than 20 contiguous acres of land. The BLM
intends to rely on this CX when authorizing, for example and without
[[Page 42438]]
limitation, special recreation permits, ROWs (including communication
sites), and permits under 43 CFR part 2920 of no greater than 20 acres
on BLM-managed lands, consistent with the CX text. The specific
activities that are allowed under this CX are those that fit within the
meaning of special use as that term and concept are used the USFS
Manual 2700.
The BLM has identified the following USFS CX, found at 36 CFR
220.6(e)(6), which applies to timber stand and wildlife habitat
improvement activities, subject to limitations on the use of herbicides
and road construction. The BLM intends to rely on this CX when
authorizing, for example and without limitation, silvicultural thinning
treatments to improve forest resilience to wildfire, insect, disease,
and drought; forest structure and composition management using manual,
mechanized, or prescribed fire methods; and prescribed fire to promote
the vigor of desired species and reduction of fuel loads to reduce the
risk of severe wildfire.
The BLM has identified the following USFS CX, found at 36 CFR
220.6(e)(8), which applies to mineral, energy, geophysical, and
geothermal investigations of one year or less, involving no more than
one mile of temporary road. The BLM intends to rely on this CX when
authorizing, for example and without limitation, exploration operations
and incidental support activities for various solid minerals, oil and
gas, energy, and geophysical investigations that include up to one mile
of temporary road and minor road repair. Covered activities would not
include monitoring of reclamation, as monitoring does not require any
surface disturbing activities or approval. This CX was previously
adopted only for use with geothermal exploration actions (89 FR 28797,
Apr. 19, 2024), it is now being adopted in whole.
The BLM has identified the following USFS CX, found at 36 CFR
220.6(e)(19), which applies to removing and relocating debris and
sediment following a disturbance event. The BLM intends to rely on this
CX when authorizing, for example and without limitation, removal and
relocation of debris and sediment following a disturbance event from
upland, wetland and riparian systems, consistent with the CX text.
The BLM has identified the following USFS CX, found at 36 CFR
220.6(e)(24), which applies to the construction and realignment of up
to two miles of road and associated parking areas. The BLM intends to
rely on this CX when authorizing, for example and without limitation,
BLM road reconstruction and alignment of up to two miles and associated
parking areas, including bridges.
The BLM has identified the following USFS CX, found at 36 CFR
220.6(e)(25), which applies to forest and grassland management
activities. The BLM intends to rely on this CX when authorizing
activities with the primary purpose of meeting restoration objectives
or increasing resilience, including, for example and without
limitation, vegetation management (manual, mechanized, or prescribed
fire) or timber harvesting activities on up to 2,800 acres. Examples of
ecological restoration objectives would be to restore resilient forest
structure and composition where fire suppression has caused dense
forest conditions susceptible to high severity wildfire or insect and
disease epidemics. The BLM may include construction of up to 0.5 mile
of permanent and 2.5 miles of temporary roads and repair and
maintenance of NFS roads and trails, consistent with the CX text. The
BLM would not rely on this CX for salvage harvests.
Consistent with 36 CFR 220.6(e), the USFS, when relying on these
CXs, develops a supporting record and a decision memo. The
documentation the BLM will develop when it relies on one of these
adopted CXs will be similar to the USFS documentation and the BLM will
publish the documentation on its publicly available National NEPA
Register (<a href="https://eplanning.blm.gov/eplanning-ui/home">https://eplanning.blm.gov/eplanning-ui/home</a>).
Rural Utility Service (RUS)
The BLM has identified the following RUS CX, 7 CFR 1970.54(c)(2),
which applies to electric power lines with nominal voltage. The BLM
intends to rely on this CX when authorizing, for example and without
limitation, powerlines of voltages no greater than 230kV within the
parameters of the CX.
Consultations and Determination of Appropriateness
The BLM consulted with DON, USACE, DOE, DHS, BIA, BOR, NPS, FWS,
USGS, FHWA, TVA, APHIS, FSA, USFS and RUS on the appropriateness of the
adoption of the CXs for the BLM's use in October 2024 and March, April,
and May 2025. The consultations included a review of agencies'
experiences developing and applying the CXs, as well as the types of
actions for which the BLM plans to rely on the CXs. The USFS and the
BLM discussed the fact that USFS's and the BLM's authorized trails,
roads, and associated land use authorizations are similar in type and
scope. The other types of BLM actions are also similar in type and
scope to the actions that agencies conduct in reliance on CXs.
Therefore, the effects of the BLM's actions are expected to be similar
to the effects of other agencies' actions, which are not significant,
absent the presence of extraordinary circumstances that indicate
potentially significant effects. The Department has determined that
adoption of the CXs for the BLM's use as described in this notice is
appropriate.
Consideration of Extraordinary Circumstances
In consultations with DON, USACE, DOE, DHS, BIA, BOR, NPS, FWS,
USGS, FHWA, TVA, APHIS, FSA, USFS and RUS, the BLM evaluated the
extraordinary circumstances to be considered when applying these CXs.
When applying these CXs, Responsible Officials within the BLM will
evaluate proposed actions covered by the CXs 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 also
identified by the DON at 32 CFR 775.6(e), USACE at 32 CFR 775.6(e), DOE
at 10 CFR1021.410 (b)(2) and (3), DHS at Instruction Manual # 023-01-
001-01,V, B(c), FHWA at 23 CFR 771.117(b), TVA at 18 CFR 1318.201,
APHIS at 7 CFR 372.5(d), FSA at 7 CFR 799.33, USFS at 36 CFR. 220.6 and
RUS at 7 CFR 1970.52, and therefore, Responsible Officials in the BLM
intending to rely on these CXs will review whether the proposed action
has
[[Page 42439]]
the potential to result in significant effects as described in the
Department's extraordinary circumstances. Because the BLM, BIA, BOR,
NPS, FWS and USGS are bureaus within the Department, the same
extraordinary circumstances are used for all six bureaus. The
Responsible Official will assess whether an extraordinary circumstance
is present. If the Responsible Official cannot rely on a CX to support
a decision to authorize or take a particular proposed action due to the
presence of one or more extraordinary circumstances, the proposed
action must be analyzed in an EA or EIS before a decision is made
authorizing the action, consistent with 43 CFR 46.205(c).
Notice to the Public and Documentation of Adoption
This notice notifies the public of the Department's adoption of the
DON's, USACE's, DOE's, DHS's, BIA's, BOR's, NPS's, FWS's, USGS's,
FHWA's, TVA's, APHIS's, FSA's, USFS's and RUS's CXs for the BLM's use.
The notice identifies the types of actions to which the BLM would apply
the CXs. The documentation of the adoption will also be available at
<a href="http://www.blm.gov/programs/planning-and-nepa/what-informs-our-plans/nepa">http://www.blm.gov/programs/planning-and-nepa/what-informs-our-plans/nepa</a> and at <a href="https://www.doi.gov/oepc/nepa/categorical-exclusions">https://www.doi.gov/oepc/nepa/categorical-exclusions</a>. The
Department will in due course add the adopted CXs to the DOI Handbook
of NEPA Implementing Procedures, Appendix 2 Bureau Categorical
Exclusions.
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. 2025-16759 Filed 8-29-25; 8:45 am]
BILLING CODE 4331-27-P
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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.