Notice2026-06603
National Environmental Policy Act Implementing Procedures for the Bureau of Land Management
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Published
April 6, 2026
Issuing agencies
Interior Department
Abstract
This notice announces a proposed revision to the National Environmental Policy Act (NEPA) implementing procedures for the Bureau of Land Management (BLM) at DOI Handbook of NEPA Implementing Procedures (DOI NEPA Handbook) that supplements Chapter 1 of Part 516 of the Department of the Interior's (Department or DOI) Departmental Manual (516 DM 1). The proposed revision would both restore and amend a previously finalized categorical exclusion (CE) for timber salvage harvest in the DOI Handbook of NEPA Implementing Procedures, Appendix 2: Bureau Categorical Exclusions.
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<title>Federal Register, Volume 91 Issue 65 (Monday, April 6, 2026)</title>
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[Federal Register Volume 91, Number 65 (Monday, April 6, 2026)]
[Notices]
[Pages 17302-17305]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06603]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[A2407-014-004-065516; #O2412-014-004-047181.1; LLHQ220000]
National Environmental Policy Act Implementing Procedures for the
Bureau of Land Management
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
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SUMMARY: This notice announces a proposed revision to the National
Environmental Policy Act (NEPA) implementing procedures for the Bureau
of Land Management (BLM) at DOI Handbook of NEPA Implementing
Procedures (DOI NEPA Handbook) that supplements Chapter 1 of Part 516
of the Department of the Interior's (Department or DOI) Departmental
Manual (516 DM 1). The proposed revision would both restore and amend a
previously finalized categorical exclusion (CE) for timber salvage
harvest in the DOI Handbook of NEPA Implementing Procedures, Appendix
2: Bureau Categorical Exclusions.
DATES: Submit written comments on or before May 6, 2026.
ADDRESSES: Comments on this Notice or the associated substantiation
report may be submitted electronically to BLM National NEPA Register:
<a href="https://eplanning.blm.gov">https://eplanning.blm.gov</a> and search for DOI-BLM-HQ-2000-2026-0002-
OTHER_NEPA, or by mail to Wade Salverson, Forestry Lead, Division of
Forest, Rangeland and Vegetation Resources, at the Idaho State Office
1387 S Vinnell Way Boise, ID 83709. The substantiation report for the
previously published CE can be found at 85 FR 79517 published on
December 10, 2020.
FOR FURTHER INFORMATION CONTACT: Wade Salverson, Forestry Lead,
Division of Forest, Rangeland and Vegetation Resources, at (202) 849-
0990, or <a href="/cdn-cgi/l/email-protection#106763717c6675626350727c7d3e777f66"><span class="__cf_email__" data-cfemail="91e6e2f0fde7f4e3e2d1f3fdfcbff6fee7">[email protected]</span></a>. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
I. Background
The BLM manages roughly 248 million surface acres of public land
predominantly in the West, of which an estimated 58 million acres are
forested/woodlands. The BLM estimates that roughly 2 million acres of
dead or dying timber is on BLM-managed lands. According to Black's Law
Dictionary, the word ``salvage'' refers to the rescue of property from
loss, such as from a wreck, fire, or other destruction. Salvage timber
operations pertain to the harvesting of dead or dying trees suffering
from destruction by fire, insects, disease, drought or other
disturbances. Black's Law Dictionary 1610 (12th ed. 2024). Consistent
with that definition, BLM has long used the practice of harvesting dead
or dying trees impacted by biotic or abiotic disturbances, commonly
referred to as ``salvage harvest'' to improve forest conditions by
accelerating reestablishment of native resilient forest tree species,
reducing wildfire fuel loads, as well as helping recover economic value
from timber to contribute to rural economies. The increasing frequency
of complex fires on public lands and their threat to human life and
property in the wildland urban interface has prompted BLM to review
existing programs and identify measures that would better enable
wildfire
[[Page 17303]]
preparedness. On June 2, 2020, BLM published a proposal for a new CE
for authorization of the salvage harvest of dead or dying trees, 85 FR
79517. The 2020 proposed CE expanded the acreage of dead timber that
could be harvested from an existing salvage CE that had been
promulgated in 2003 by the United States Forest Service and had been
administratively established by BLM in 2007. The existing CE for
salvage harvest limited BLM to 250 acres or less of total disturbance,
and limited BLM to no more than 0.5 mile of temporary road construction
for the salvage operations. The 2020 proposed CE increased the
threshold to harvest areas of up to 5,000 acres and increased permanent
roads to not exceed 1 mile to facilitate the proposed salvage
operations. The 2020 Verification report stated that from 2000 to 2017,
an average of 6.8 million acres burned annually in the United States,
with fire affecting on average 279,630 acres of BLM-managed forests
annually from 2009 through 2018 (85 FR 33697, 33699). The BLM provided
30 days of public review and comment on the proposed CE and the
associated Verification Report and received a total of 318 comments. On
December 10, 2020, BLM finalized this CE for the salvage harvest of
dead or dying trees, 85 FR 79,517. The final CE decreased the upper
limit of the harvest size from 5,000 acres to 3,000 acres and made
several other minor revisions. According to National Interagency Fire
Center (NIFC) data (National Centers for Environmental Information
[NCEI], 2026, <a href="https://www.ncei.noaa.gov/access/monitoring/wildfires/12/6">https://www.ncei.noaa.gov/access/monitoring/wildfires/12/6</a>), in 2021 the United States hit the highest number of acres burned
since 2006, with a total of 10,325,514 acres burned. However, in August
2022, BLM issued an Instruction Memorandum (IM) instructing BLM offices
to discontinue the use of the 2020 CE for salvage timber sales due to
the ``complexity of land management and other matters.'' The BLM
subsequently removed the 2020 CE from the Department's NEPA procedures
in 2024 for similar reasons. 89 FR 84928 (Oct. 24, 2024). Neither the
2022 IM nor the 2024 Notice asserted that it was used incorrectly or
other than as intended. On June 3, 2023, the Fiscal Responsibility Act
of 2023 was enacted into law, revising NEPA for the first time in over
50 years. The revisions included codification of deadlines and page
limits for the preparation of NEPA documents by federal agencies,
procedures for determining level of review and adoption of categorical
exclusions, as well as a number of other reforms that further
demonstrate that the goal of NEPA is to ``inform agency decisionmaking,
not to paralyze it.'' Seven County Infrastructure Coalition v. Eagle
County., Colo., 605 U.S. 168, 173 (2025). The Fiscal Responsibility Act
codified in law the definition of a categorical exclusion as ``. . . a
category of actions that a Federal agency has determined normally does
not significantly affect the quality of the human environment within
the meaning of section 102(2)(C).'' 42 U.S.C. 4336e(1).
Upon further review and in recognition of the increasing frequency,
acreage, and complexity of wildfires in the United States, and as
explained in more detail in this notice, the Department has determined
it is appropriate to restore and revise the December 2020 categorical
exclusion. Proposed CE number C (10) would cover harvest of dead or
dying trees impacted by biotic or abiotic disturbances commonly
referred to as ``salvage harvest'' on harvest areas of up to 5,000
acres. The use of the CE will enable land managers to more promptly
conduct salvage harvest operations on a greater amount of acreage.
This, in turn, will enable land managers to reduce timeframes and
conduct more salvage timber operations that will reduce future wildfire
fuel loads and hazards to wildland firefighters, the public, and
infrastructure from dead and dying trees while also recovering economic
value from timber, and contributing to rural economies. The current BLM
Verification report notes that from 2000 to 2024, the average acres
burned annually has grown to 7.3 million acres in the United States,
with wildfire affecting an annual average of 236,530 acres of BLM-
managed lands between 2009 and 2025. The BLM notes that the existing
250-acre limitation for categorically excluded salvage timber
operations has proved insufficient to address the growing need for BLM
to authorize greater salvage harvests over greater acreage. One 5,000-
acre salvage timber sale represents 0.0025 (or \1/4\ of 1%) of the
estimated 2,000,000 acres of dead or dying timber managed by BLM today.
BLM needs to address the 2,000,000 acres of dead or dying timber in BLM
lands, and larger-acre projects would allow the agency to achieve this
goal more effectively. The BLM's NEPA records show that timber salvage
projects of up to 5,000 acres normally do not significantly affect the
quality of the human environment. Moreover, BLM records show that from
1986 through 2024 the BLM awarded approximately 982 timber sales where
at least 30 percent of the volume consisted of salvage from dead or
dying trees, and 936 of those timber sales had at least 50 percent
salvage volume. The BLM approved these timber sales in reliance on
environmental assessments (EAs) that supported Findings of No
Significant Impact (FONSIs) or on CEs. This data together indicate that
salvage implementation with no significant environmental impacts is
routine for BLM.
This proposed CE would also allow BLM more flexibility to quickly
respond to disturbances across larger areas to provide for public and
infrastructure safety, reduce hazardous fuel loads that impact
firefighters and public safety, and contribute to one of the six
principal or major uses of the public lands identified in the Federal
Land Policy and Management Act of 1976, which recognizes ``the Nation's
need for domestic sources of timber and fiber.'' In addition to
analysis through EAs and environmental impact statements (EISs), BLM
already relies upon its existing CE (C.8) that addresses salvage
harvest not to exceed 250 acres and intends to retain that CE; BLM is
proposing this additional CE to increase its flexibility to respond to
disturbances across larger areas. Based on review of BLM's use of the
existing CE C.8 as part of this process, BLM does not intend to remove
the 250-acre CE nor revise that CE to encompass the proposed scope of
actions described in this proposal. The BLM sees a need for both CE
categories. The 250-acre CE provides a more limited scope of actions
that are useful, and the BLM has used the CE about 10 times a year for
the last 10 years. The BLM expects existing CE C.8 would still be used
for smaller areas where BLM has no need for the additional tools this
proposed CE would provide. Following years of experience in conducting
salvage harvest without significant effects, BLM has identified that
establishing a CE for the action is necessary to increase BLM's
flexibility to respond to disturbances across larger areas, while
keeping the tailored focus of the action. Further, this CE will provide
an additional tool to facilitate sound forest management in accordance
with Executive Order 14225, Immediate Expansion of American Timber
Production, 90 FR 11365 (March 1, 2025).
Establishing the proposed CE would enable BLM to ensure a timely
process for a timber salvage project prior to a new fire season and in
preparation for the subsequent fire season. Since the similar CE
originally took effect in December 2020, from 2021 to 2024, a total of
249,450 fires took place, burning 26,321,620 acres of land with a
federal
[[Page 17304]]
nexus. Further, between January 1, 2025, and November 28, 2025,
4,927,904 acres burned due to wildfires on federal land. Establishing
this CE for use by BLM will assist in reducing fuel loads to battle
these unprecedented and destructive fires, and will aid in keeping the
American people safe.
NEPA, 42 U.S.C. 4321 et seq., requires Federal agencies to consider
the environmental effects of their proposed actions in their decision-
making processes and inform and engage the public in that process.
To comply with NEPA, agencies determine the appropriate level of
review of any major Federal action--an EIS, EA, or a CE. See generally,
42 U.S.C. 4336 (b); 43 CFR part 46; DOI NEPA Handbook section 1.2
(2025). Where it is reasonably foreseeable that significant
environmental effects are likely, the agency must prepare an EIS and
document its decision. See generally, 42 U.S.C. 4336 (b)(1); DOI NEPA
Handbook section 1.2(a)(5)(ii). Where appropriate, an agency may
prepare an environmental assessment, and if it reaches a FONSI, it need
not prepare an EIS. See generally, 42 U.S.C. 4336(b)(2); DOI NEPA
Handbook section 1.6; section 1.2(a)(4).
Under NEPA, agencies may establish categorical exclusions--
categories of actions that the agency has determined normally do not
significantly affect the quality of the human environment--in their
agency NEPA implementing procedures (42 U.S.C. 4336e(1)). An agency may
also adopt a CE listed in another agency's NEPA procedures consistent
with section 109 of NEPA (42 U.S.C. 4336c).
Under the Department's NEPA procedures, if a bureau determines that
a CE covers a proposed action, it then evaluates the proposed action
for extraordinary circumstances, which are factors or circumstances
that indicate a normally categorically excluded action may have a
significant effect (43 CFR 46.205, 46.215). If the bureau cannot
categorically exclude the proposed action following review for
extraordinary circumstances, it will prepare an EA or EIS, as
appropriate, before issuing any decision to authorize the action (43
CFR 46.205(c), 42 U.S.C. 4336(b)).
The BLM is proposing to establish this new CE by substantiating the
proposed new CE with sufficient information to conclude that the
actions included in the category normally do not significantly affect
the quality of the human environment and provides this substantiation
in a written record that is publicly available (see Addresses). In
developing this proposed CE, the BLM consulted with CEQ in accordance
with 42 U.S.C. 4332(2)(B) and is providing notification to and
soliciting comment from the public about the proposed establishment of
the CE through this notice.
II. Categorical Exclusion Justification
The BLM finds that the type of actions described in this proposed
CE normally do not significantly affect the quality of the human
environment. This finding is based on the BLM's analysis of these types
of actions as documented in the BLM's Substantiation Report for this
new CE and supporting documents. The Substantiation Report explains
that because the restrictions on the actions included in the CE limit
surface disturbance and access road construction, the BLM concludes
that the types of actions included in this proposed CE normally do not
result in significant environmental effects and therefore warrant
establishment of the CE. The Substantiation Report summarizes the
review of 34 timber salvage harvest EAs that supported FONSIs to
demonstrate the finding that actions included in the proposed CE
normally would not significantly affect the quality of the human
environment. The Substantiation Report documents evaluation of the BLM
NEPA analyses and post-implementation observations as well as available
scientific research on the effects of routine actions included in the
new proposed CE over time and over different geographic areas.
The Department and the BLM consulted with CEQ on the Substantiation
Report for the proposed CE consistent with section 102(2)(B) of NEPA,
42 U.S.C. 4332(2)(B). If finalized, the Department would add this CE to
the BLM's NEPA procedures, in its DOI Handbook of NEPA Implementing
Procedures, Appendix 2: Bureau Categorical Exclusions. As with other
administratively established CEs for Department bureaus, when applying
this CE, Responsible Officials would evaluate proposed actions eligible
for this CE to determine whether any extraordinary circumstances are
present in accordance with the requirements in the Department's NEPA
implementing procedures at 43 CFR 46.205 and 46.215. The Responsible
Official would document this review and, for BLM, include this
documentation in the information posted on the BLM's NEPA register
website. If the Responsible Official cannot use this CE to support a
decision to authorize timber salvage harvest activities due to
extraordinary circumstances, the Responsible Official will prepare an
EA or EIS before authorizing such activities, consistent with 43 CFR
46.205(c) and 42 U.S.C. 4336(b).
III. Text for the Departmental Handbook of NEPA Implementing Procedures
The Department's NEPA procedures are proposed to be modified as
follows. The DOI Handbook of NEPA Implementing Procedures, Appendix 2:
Bureau Categorical Exclusions would include the following language:
* * * * *
Bureau of Land Management
11.9 Actions Eligible for a Categorical Exclusion (CE)
* * * * *
C. Forestry
(10) * Salvage harvesting of dead and dying trees resulting from
fire, insects, disease, drought, or other disturbances, not to
exceed 1,000 acres where the disturbance affects 3,000 acres of
bureau-managed lands or less, and not to exceed the lesser of 5,000
acres or \1/3\ of the disturbance area where the disturbance exceeds
3,000 acres of bureau-managed lands. All actions must be in
conformance with applicable land use planning decisions.
(a) Covered actions:
(i) Cutting, yarding, and removal of dead or dying trees.
(ii) Cutting, yarding, and removal of live trees needed for
operations, landings, skid trails, or road clearing,
(iii) Chipping/grinding or removal of residual slash.
(iv) Jackpot burning, pile burning, and underburning.
(v) Seeding or planting necessary to accelerate native species
re-establishment.
(b) Such actions:
(i) Must not exceed 1 mile of permanent road construction to
facilitate the covered actions, and all segments must conform to
applicable land use planning decisions with route-specific
designations disclosed where travel management planning has been
completed.
(ii) May include maintenance and renovation of existing roads as
needed.
(iii) May include construction of temporary roads not to exceed
a ratio of 2.25 miles per 1,000 acres of harvest area as needed,
provided they are not part of the bureau's permanent transportation
system, are designed to standards appropriate for their intended use
(safety, erosion control, sedimentation prevention, and resource
protection), are not needed for long-term resource management, and
are decommissioned and stabilized after use to minimize erosion and
protect water quality.
(iv) Must disclose design features in documentation for use of
this categorical exclusion that address the following resource
considerations, consistent with applicable land use plan decisions,
or where no plan requirements apply, and specify how these
considerations are addressed:
(1) Snag and downed wood--amount to be created or retained;
[[Page 17305]]
(2) Erosion control--specifications or measures (e.g., water
bars, dispersed slash);
(3) Soil compaction--criteria for avoidance, minimization, or
remediation;
(4) Logging systems--types and scope of constraints (e.g.,
seasonal, location, extent, etc.);
(5) Seasonal operations--purpose and extent of operating
restrictions;
(6) Invasive species--measures to prevent or limit spread;
(7) Riparian areas--buffer widths and/or operating restrictions;
(8) Prescribed fire--operating constraints for underburning or
pile burning; and
(9) Temporary roads--decommissioning standards.
(c) Definitions:
(i) Dying tree: A standing tree severely damaged by disturbance
(e.g., fire, wind, insects, disease, drought) and, in the judgment
of a forestry professional or someone technically trained for the
work, is likely to die within two years.
(ii) Permanent road: A road constructed or reconstructed for
use, as part of the bureau's permanent transportation system.
(iii) Temporary road: A road authorized by contract, permit,
lease, written authorization, or emergency operation, not added to
the permanent system, and decommissioned after use.
* * * * *
Authority: NEPA, the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.).
Stephen G. Tryon,
Director, Director, Office of Environmental Policy and Compliance.
[FR Doc. 2026-06603 Filed 4-3-26; 8:45 am]
BILLING CODE 4331-27-P
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