Notice2026-17251
National Environmental Policy Act Implementing Procedures: Timber Salvage Harvest Categorical Exclusion
Primary source
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Published
August 24, 2026
Effective
August 24, 2026
Issuing agencies
Interior Department
Abstract
This notice announces a revision to the Department of the Interior (Department)'s National Environmental Policy Act (NEPA) implementing procedures by adding a new categorical exclusion (CE) for timber salvage harvest in the Department's Handbook of NEPA Implementing Procedures, Appendix 2: Bureau Categorical Exclusions
Full Text
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[Federal Register Volume 91, Number 162 (Monday, August 24, 2026)]
[Notices]
[Pages 54739-54744]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17251]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[A2407-014-004-065516, #O2509-014-004-125222; LLHQ21000]
National Environmental Policy Act Implementing Procedures: Timber
Salvage Harvest Categorical Exclusion
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
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SUMMARY: This notice announces a revision to the Department of the
Interior (Department)'s National Environmental Policy Act (NEPA)
implementing procedures by adding a new categorical exclusion (CE) for
timber salvage harvest in the Department's Handbook of NEPA
Implementing Procedures, Appendix 2: Bureau Categorical Exclusions
DATES: The CE is effective August 24, 2026.
ADDRESSES: The new CE will be found at the web address for the
Department's Handbook of NEPA Implementing Procedures: <a href="https://www.doi.gov/document-library/handbook/516-dm-1-handbook-national-environmental-policy-act-implementing">https://www.doi.gov/document-library/handbook/516-dm-1-handbook-national-environmental-policy-act-implementing</a>. The Substantiation Report for
the CE is available at the Bureau of Land Management (BLM)'s ePlanning
site: <a href="https://eplanning.blm.gov/Project-Home/?id=228df480-512f-f111-8341-001dd8029ed0">https://eplanning.blm.gov/Project-Home/?id=228df480-512f-f111-8341-001dd8029ed0</a>.
FOR FURTHER INFORMATION CONTACT: Stacie McIntosh, Deputy Assistant
Director, Directorate of Resources and Planning at (907) 378 -3815, or
<a href="/cdn-cgi/l/email-protection#116221247c72787f6551737d7c3f767e67"><span class="__cf_email__" data-cfemail="aad99a9fc7c9c3c4deeac8c6c784cdc5dc">[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 Department published the proposed CE for timber salvage harvest
on April 6, 2026, for a 30-day public comment period. Refer to the
Federal Register notice 91 FR 17302 proposing the CE for more
information regarding the background and rationale for establishment of
the CE. This notice notifies the public of the Department's
establishment of the timber salvage harvest CE and includes the
Department's responses to comments from the public on the proposed CE.
The Department has not made any changes to the proposed CE text.
The Department is establishing the CE to support approval of
actions to harvest dead or dying trees impacted by biotic or abiotic
disturbances, commonly referred to as ``salvage harvest'' to accelerate
reestablishment of native resilient forest tree species, reduce
wildfire fuel loads, and help recover economic value from timber to
contribute to rural economies.
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. To comply with NEPA, agencies determine the
appropriate level of review of any proposed major Federal action--an
Environmental Impact Statement (EIS), Environmental Assessment (EA), or
a CE. See 42 U.S.C. 4336(b); 43 CFR part 46; 516 Departmental Manual 1,
``U.S. Department of the Interior Handbook of National Environmental
Policy Act Implementing Procedures,'' section 1.2 (2026) (516 DM 1).
Where it is reasonably foreseeable that significant environmental
effects are likely, the agency must prepare an EIS and document its
decision. See 42 U.S.C. 4336 (b)(1); 516 DM 1 section 1.2(a)(5)(ii).
Where appropriate, an agency may prepare an EA, and if that EA supports
the agency reaching a finding of no significant impact (FONSI) for the
proposed action, the agency need not prepare an EIS. See generally, 42
U.S.C. 4336(b)(2); 516 DM 1 section 1.6; section 1.2(a)(4).
Under NEPA, agencies may 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 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 the presence of extraordinary circumstances, which are factors or
circumstances that indicate a normally categorically excluded action
may have
[[Page 54740]]
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)).
II. Comments on the Proposed CE
The Department received 284 comment letters during the 30-day
public comment period on the proposed CE. Comments were submitted by
state governments, interest groups, non-profit organizations, and
private citizens. The Department received comments both in support of
and in opposition to the proposed CE. Some comments addressed the BLM's
forest management policy or management direction that is specific to
Resource Management Plans (RMPs). The Department provides no response
to comments that are beyond the scope of the establishment of this CE,
which pertains only to compliance with NEPA for forest management
actions, not the character or advisability of such actions. The
Department considered all comments to date and responds in this notice
to all 25 substantive issues raised in the public comments. The
Department appreciates the interest and participation of all
respondents. The Department, where appropriate, grouped together
similar or related comments, and responds to the comments as follows:
Comment 1: The Department received comments suggesting that timely
salvage of dead and dying trees allows managers to recover economic
value that would otherwise be lost.
Response 1: While the establishment of this CE does not authorize
specific salvage projects, the Department agrees with the comment that
timely salvage of dead and dying trees allows managers to recover
economic value that would otherwise be lost. Additionally, unsalvaged
timber can become a financial burden to remove as excessive hazardous
fuels once the trees have deteriorated and lost economic value. The
BLM: A Sound Investment for America 2025 report estimated that in
fiscal year 2024 BLM forest management supported $1.4 billion in
economic output and 5,700 jobs.
Comment 2: The Department received comments suggesting post-
disturbance landscapes with heavy fuel loads increase the risk of
severe wildfires that can lead to long-term closures, damaged trails,
degraded wildlife habitat, and reduced opportunities for hunting, off-
highway vehicle use, hiking, and recreational access and experiences on
public lands.
Response 2: While the establishment of this CE does not authorize
salvage actions, the Department agrees that leaving large volumes of
dead trees after a severe disturbance can have a number of long-term
negative impacts on trails, wildlife habitat, and reduced opportunities
for hunting, off-highway vehicle use, hiking, and recreational access
and experiences on public lands. Further detail and scientific
literature on the impact of heavy fuel loads long-term is provided in
the Substantiation Report.
Comment 3: The Department received comments suggesting that timely
salvage reduces hazards to fire fighters from future wildfire.
Response 3: While the establishment of this CE does not authorize
salvage actions, the Department agrees that landscapes with dense
standing dead trees and/or heavy downed coarse woody debris beyond a
minimum level needed for wildlife habitat and soil benefits can lead to
an elevated level of hazards to fire fighters which can hamper fire
suppression operations. The Substantiation Report documents safety
hazard reports and fire behavior observations from wildfire incidents
that contained heavy loading from dead trees (National Interagency Fire
Center).
Comment 4: Some comments suggested the Department should conduct
public comment on every salvage project to better serve the public
interest.
Response 4: The Department values public participation and there
are various opportunities for the public and stakeholders to provide
public input in forest management. For the BLM, this includes the
development, revision, and amendment of land use plans, through which
the BLM determines the forest management direction for each specific
planning area.
Comment 5: Some commenters suggested that the establishment of this
CE would approve salvage logging that threatens soil quality, riparian
areas, clean water, and fisheries and negatively impact wildlife and
endangered species protected by the Endangered Species Act (ESA). A
commenter further recommended minimum riparian buffers.
Response 5: The establishment of this CE does not approve any
specific salvage action; instead, it provides a mechanism for bureaus
to comply with NEPA when authorizing covered actions. Before use of the
CE, bureaus would need to review for the presence of any extraordinary
circumstances (43 CFR 46.215). Through that review, the bureaus must
verify that any proposed action would not have significant effects on
ecologically significant or critical areas, or similar natural
resources; or on species listed or proposed to be listed under the ESA,
or on any designated critical habitat. Moreover, protections for
important, scarce, or sensitive resources are available through
statutes other than NEPA, such as ESA and the Clean Water Act. Those
protections are not affected by the establishment of or use of this CE.
Finally, proposed actions must conform to the applicable land use plan,
including any plan direction developed to protect species of concern,
critical habitat, aquatic resources and water quality. This CE also
specifically directs riparian buffers and operating restrictions as
standard design features for each project to protect riparian resources
and water quality.
Comment 6: The Department received comments that salvage logging at
the scope, scale, and intensity in the proposed CE would have
significant impacts.
Response 6: To address the intensity, scope, and scale of the
proposed actions that would be covered by the CE, the CE constrains the
harvest area to one-third the disturbance area when the disturbance
exceeds 3,000 acres not to exceed 5,000 acres overall. The CE
requirements that must be met for a bureau to use the CE for a covered
action, including the direction for design features in the established
CE reduce the intensity and impacts, are described in the
Substantiation Report. As with other administratively developed CEs,
when applying this CE, Responsible Officials must evaluate proposed
actions 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. When using this
CE, the Responsible Official must document this review. If the
Responsible Official cannot rely on this CE to support a decision to
authorize a project due to the presence of extraordinary circumstances,
the Responsible Official must prepare an EA or EIS before authorizing
such activities, consistent with 43 CFR 46.205(c) and 42 U.S.C.
4336(b).
Comment 7: The Department received comments suggesting that the
majority of high severity burn areas are not reforested and that the
establishment and use of this CE would improve reforestation efforts
and forest recovery.
Response 7: While the establishment of this CE does not authorize
salvage actions, the Department agrees that high severity disturbance
areas where the
[[Page 54741]]
density of dead trees is high have generally remained non-forested for
long periods after the disturbance. High severity areas lack seed trees
to provide a seed source for natural regeneration. The BLM has had to
forgo reforestation for years after the disturbance in some areas due
to the extreme hazard of limbs, tops, and dead trees falling on
planting crews. Delayed reforestation allows understory vegetation and
shrubs to get a head start on tree seedling establishment which can
make reforestation challenging (Sessions et al. 2004). In addition,
fuel loads from abundant coarse woody debris can persist for decades
which endanger the young trees that are critical for the site
recovering forest cover. The Department agrees that salvage harvest can
be a necessary step to restore forest cover after severe tree
mortality.
Comment 8: The Department received a comment recommending that
under covered actions (a)(v) pertaining to seeding to accelerate native
species reestablishment, consideration should be given to seed mixtures
that provide understory, midstory, and canopy diversity, as well as
annuals that benefit pollinator species.
Response 8: The Department agrees that understory and midstory
vegetation re-establishment is important for wildlife and pollinator
habitat. The Department makes significant efforts and investments in
native plant restoration through programs like the BLM's Seeds of
Success Native Seed Collection and the Burned Area Rehabilitation
programs. The established CE does not preclude native understory
seeding; however, the Department declines to make it a requirement
given that the native understory seed may not always be available.
Comment 9: The Department received comments suggesting that the CE
could have detrimental impacts on trails that are purposed for scenic
and primitive hiking, and the Department should add a design feature to
the CE that prohibits use of the CE within 0.5 miles on either side of
highly valued trails such as the Continental Divide National Scenic
Trail.
Response 9: Land use plans provide management direction consistent
with National Scenic and Historic Trail comprehensive management plans
and may require additional design features consistent with applicable
law to not degrade trails or their settings and to minimize visual
impacts from designated routes. All projects or activities must conform
with the applicable resource management plan direction, including
visual resource management (VRM) classifications, which direct the
level of allowable visual change to the characteristic landscape, prior
to the bureau authorizing any use or activity. Use of an established CE
for NEPA compliance does not eliminate the requirement for a bureau to
comply with other applicable laws, including requirements outlined in
the Federal Land Policy and Management Act of 1976, (FLPMA), as
amended, that actions must conform with the applicable RMP management
direction. This requirement is explicitly included in the text of the
CE where it indicates that the action must be in conformance with land
use management decisions. Additionally, small amounts of salvage can be
associated with hazard tree mitigation, so the Department declines to
put a specific buffer around trails.
Comment 10: The Department received comments suggesting that
scientific consensus has shifted away from regarding post-fire logging
as an activity with any ecological benefit citing the following
scientific literature: Donato, DC et al. (2006) Post-wildfire logging
hinders regeneration and increases fire risk. Science 311(5759): 352;
Beschta, R.L. et al. (2004) Postfire management on forested public
lands of the western USA. Conservation Biology 18: 957-967;
Lindenmayer, D.B. et al. (2004) Salvage harvesting policies after
natural disturbance. Science 303:1303; Karr, J. et al. (2004) The
effects of postfire salvage logging on aquatic ecosystems in the
American West. Bioscience 54: 1029-1033; DellaSala, D.A., et al. (2006)
Post-fire logging debate ignores many issues. Science 314(5796): 51-52.
Response 10: The Department does not claim that salvage is
necessary for ecological benefit but rather describes in the
Substantiation Report how salvage, within the scope of the CE, is an
activity that can be used to achieve various land management objectives
without causing significant impacts. The BLM reviewed the citations
provided and notes the Substantiation Report discusses the tree
regeneration and fuels findings of Donato et al. 2006. The submitted
scientific literature discusses beneficial aspects of post-disturbance
landscapes such as snags for wildlife, landscape heterogeneity, and
other biological legacies, and the concern that salvage harvest would
eliminate these features. The Substantiation Report acknowledged these
points which informed the design of this CE. Specifically, the CE
treats a maximum of one-third the disturbance area when the disturbance
is greater than 3,000 acres to maintain a majority of larger natural
disturbance areas unsalvaged.
Comment 11: The Department received comments suggesting that
bureaus should be required to complete an EIS to analyze projects with
this scope, scale, and/or intensity of impacts.
Response 11: The Substantiation Report discusses that the
preparation of an EIS is exceedingly rare for salvage projects. The two
examples of salvage projects discussed in the Substantiation Report,
pp. 18-19, 21, had substantial differences in the scope and scale
compared to the many EAs and FONSIs that were prepared for salvage
projects that were reviewed and described in the Substantiation Report
for the establishment of this CE. This leads the Department to
determine that the action under the parameters described in the CE
normally do not significantly affect the quality of the human
environment and, therefore, an EIS is not required.
Comment 12: The Department received a comment suggesting that
larger diameter fuels and future downed logs do not contribute
significantly to fire severity, fire spread, or an increase in future
fire behavior (Strittholt. 2004., McIver & Starr. 2000., Donato. 2006.,
Donato 2008., Thompson et al., 2007).
Response 12: The Department reviewed the literature cited in this
comment and does not agree that the literature supports the definitive
statement that larger diameter fuels and future downed logs do not
contribute significantly to fire severity, fire spread, or an increase
in future fire behavior. The Department notes that the commenter did
not include any literature post-2008, which is significant since some
severe tree mortality events such as the Sierra Nevada drought
mortality from 2012 to 2015 and a number of large fires in the mountain
pine beetle mortality in the Rocky Mountains occurred after this time
and provide important case studies. In a synthesis of available
literature on salvage in McIver and Starr 2000, it is noted that ``we
found no studies documenting a reduction in fire intensity in a stand
that had previously burned and then been logged.'' This finding did not
suggest that salvage does not reduce intensity, but rather that there
were no studies at that time indicating either way. The Substantiation
Report for this CE includes studies since 2008 that examine reburns and
post-disturbance coarse fuels that have documented increases in fire
severity (Coppoletta et al. 2015; Stephens et al. 2018). The
Substantiation Report discusses that coarse downed wood varies in its
[[Page 54742]]
contribution to fire behavior temporally, since the change in fuel
moisture lags changes in weather. It is also true that fine fuels are
typically the carriers of fire but that is not always the case. When
affected by long-term drought, coarse woody debris can be a primary
carrier of fire and can increase fire intensity resulting in higher
fire severity and can hamper suppression efforts. These findings
coupled with the size of salvage projects in the record of EAs and
FONSIs informed the determination of the 5,000-acre maximum size limit.
Comment 13: The Department received comments suggesting that recent
studies have disproved the connection between elevated levels of bark
beetle mortality and increased fire risks.
Response 13: The Department acknowledged in the Substantiation
Report that ``in some forest types the contribution of coarse fuels
from mortality to subsequent severity remains uncertain.''
Substantiation Report, p. 25. The Report does not make a universal
claim that salvage in all circumstances reduces fire risk but instead
provides empirical evidence that dense beetle-killed timber and drought
mortality have produced severe fire incidents and have even been the
driver of the fire behavior in several examples, Substantiation Report
pp. 25-26. Additionally, areas of dense snags result in safety
considerations for handcrews that may result in larger fires or greater
use of heavy equipment.
Comment 14: The Department received comments suggesting that the
value of dead standing trees and coarse wood from beetle or fire
induced mortality is not being adequately considered by the BLM.
Response 14: The Substantiation Report, p. 24, acknowledges the
importance of some snags and downed wood for wildlife habitat and soil
health, and the CE requires specifications for those design features
for each use. These features were common in past BLM salvage
implementation that were assessed for this CE.
Comment 15: The Department received comments suggesting that
implementing up to 1 mile of new permanent road per project, and 2.25
miles of new temporary road per thousand acres of logging treatment,
has significant environmental effects and the CE should not cover
building any new permanent or new temporary roads.
Response 15: The Substantiation Report documents that 65 percent of
the EAs reviewed in the report included the construction of new
temporary roads. Substantiation Report, pp. 17, 22. Additionally, the
temporary road coverage in this CE is similar to BLM's well
established, existing 250-acre CE which has an equivalent 2-mile per
1,000-acres temporary road density rate. Five of the 34 EAs had
permanent road construction, with an average rate of 2.2 miles per
1,000 acres treated. Therefore, the CE's one-mile limit is more
conservative relative to EA-supported projects that reached FONSIs
while constructing more road per unit area. This ensures projects that
use the CE will not expand road networks beyond the levels previously
demonstrated to be non-significant. Additionally, the CE integrates RMP
management direction for travel management and required specifications
for erosion control, invasive weeds, and temporary road decommissioning
standards which together reduce impacts.
Comment 16: The Department received a comment suggesting that the
Substantiation Report Finding 4--Best Available Science incorrectly
states that the broader synthesis of salvage logging by Lindenmayer et
al. 2008 was focused narrowly on reserve entries and plantation
conversions.
Response 16: The Substantiation Report highlights synthesis
literature that was reviewed, including Lindenmayer et al. 2008 which
``included settings (reserve entries, plantation conversions) outside
the bounded scope of this CE.'' Substantiation Report, p. 24. The
Report does not say that this research article only covered reserves
and plantation conversions, but rather that the research findings in
those particular settings differed from the design and parameters of
this CE. Research articles that found negative impacts of certain types
of salvage harvest were valuable and informed the identification of the
nine categories of design features in this CE to reduce impacts.
Comment 17: The Department received a comment suggesting that the
Substantiation Report exaggerates the justification for conducting
salvage activities by relying on tree-mortality levels showing total
percentages of areas affected by natural processes instead of annual
percentages (rates).
Response 17: The background information in the Substantiation
Report was provided to describe the relative magnitude of tree
mortality and landscape-level disturbances that have occurred in recent
years. The establishment of this CE is based on the Department's
determination as to whether salvage actions--as a category--normally
have significant impacts. It is not a policy that directs how much
salvage work should be conducted.
Comment 18: The Department received a comment suggesting that the
Substantiation Report Table 2 failed to provide a simple percentage of
area impacted; the commenter implies that the percentages show how in
some cases 66% to 100% of tree mortality areas will be logged.
Response 18: Table 2 in the Substantiation Report includes data
from an inventory of high tree mortality developed by BLM in 2018
pursuant to Executive Order 13855, Promoting Active Management of
America's Forests, Rangelands, and Other Federal Lands to Improve
Conditions and Reduce Wildfire Risk. The inventory is in the background
section as additional information to describe the relative magnitude of
tree mortality. At the time the Substantiation Report was developed,
BLM estimated acres of mortality and estimated salvage
``opportunities,'' i.e., acres of the mortality that were in land use
allocations that allow timber harvest and had not deteriorated beyond
marketability. However, the Substantiation Report does not determine
that these areas will all be salvaged nor does the establishment of
this CE create policy to harvest the areas inventoried.
Comment 19: The Department received a comment suggesting that the
CE text itself imposes no minimum standards for any of the nine
considerations independent of applicable land use plan requirements.
Response 19: The Department chose not to include standardized
parameters or minimums because they vary across the various ecological
settings and each salvage project would need to be consistent with the
applicable land use plan which would include design features,
consistent with the ecological and geographical setting.
Comment 20: The Department received a comment suggesting that by
intentionally excluding EAs with mitigated FONSIs, BLM appears to admit
that there are some salvage harvest projects that result in significant
impacts to the environment and thus require mitigation measures. Yet,
BLM does not describe the specific salvage harvest projects with
mitigated FONSIs it excluded from its analysis, or how they compare to
the types of projects that BLM is proposing to exempt from NEPA
analysis.
Response 20: The two EISs that disclosed significant impacts that
the Department reviewed had substantial differences in the scope and
scale compared to the 34 EAs with FONSIs
[[Page 54743]]
that were analyzed and described in the Substantiation Report. As
explained in the Substantiation Report, mitigation measures tend to be
site-specific and not necessarily applicable across various terrains.
Therefore, mitigated FONSIs were not used in developing limitations
appropriate for a CE of nation-wide applicability. As noted in the
Report, the requirement that an action conform with applicable land use
plan decisions provides the appropriate level of site-specific
protection. Substantiation Report, pp. 2, 9-10.
Comment 21: The Department received a comment suggesting that use
of the CE prevents analysis of the potential impacts associated with
the unique characteristics of the applicable geography of each project
to identify the appropriate design features or best management
practices, and these design features fabricate a baseline.
Response 21: In reviewing the EAs in the Substantiation Report, the
Department found that the EAs cited project design features from the
applicable land use plan for the specific resource program and
incorporated them into the proposed action evaluated in the EA.
Proposed actions, regardless of their level of NEPA compliance, must be
in conformance with the approved land use plan. In implementing actions
in conformance with land use plans, a bureau identifies project design
features to define the parameters of the project, including any
measures to ensure land use plan conformance or to reduce adverse
impacts based on the site-specific circumstances. If the proposed
action designed to be in conformance with the land use plan, including
any resource protective measures, also meets the parameters of the CE,
and no extraordinary circumstances are present, the bureau may use the
CE.
Comment 22: The Department received a comment suggesting that it
failed to provide a sufficiently reasoned explanation for the proposed
5,000-acre limit. The comment cited case law that affirmed the use of
arithmetic mean for the development of an upper acreage limit for
salvage harvest.
Response 22: The Department acknowledges the comments and questions
relating to the use of statistical methods. Any use of these methods
requires the exercise of judgement; for example, the arithmetic mean of
the acreage values for covered actions could be elevated by removing
small projects as outliers from the record. The Department also
recognizes that in December 2020 it previously established a salvage CE
for salvage of dead or dying trees with a 3,000-acre limit, after
receiving comments on the proposed 5,000-acre limit on covered salvage
actions. In response to those comments, the Department acknowledged it
could reach a FONSI for salvage actions exceeding 5,000 acres but chose
to place a 3,000-acre limit in the CE. Based on further review of
comments received on this proposed CE and for the reasons stated in
this notice and the supporting Substantiation Report, including the
review of additional EAs and FONSIs for completed salvage actions and
post-implementation observations and available scientific research
since establishment of the 2020 salvage CE, the Department believes the
NEPA compliance approach in this established CE, including a 5,000 acre
limit for certain actions, is appropriate. Specifically, the 5,000-acre
limit of this CE is fewer than the acres analyzed in the EAs for the
three salvage projects reviewed in the Substantiation Report, pp. 21,
and substantially fewer than the acres analyzed in the EAs for the two
projects reviewed in that Report that covered over 11,000 acres. The
review of these EAs, including post-implementation validation of the
FONSIs they supported, demonstrates that the Department can implement
salvage projects up to 5,000 acres covered by this CE without
significant impacts. This conclusion is unaffected by the fact that the
BLM has also approved actions covered by this CE on fewer acres and
determined that these actions did not have significant impacts on the
human environment. Therefore, the Department retained the 5,000-acre
limit for the CE along with the accompanying nine design feature
categories. Additionally, a proposed salvage action's potential for
environmental effects is determined by the presence of resource
conflicts. The Department and its bureaus will assess the potential for
significant environmental effects through the review of extraordinary
circumstances.
Comment 23: The Department received comments suggesting that the
use of the CE for multiple nearby projects may result in significant
impacts from implementation.
Response 23: The analysis in the EAs in the Substantiation Report,
pp. 19-20, included consideration of other actions, including other
salvage actions, that had taken place or were taking place, or were
planned for the area, demonstrating that even in the context of several
other projects, the actions covered by this CE did not normally result
in significant impacts. The Department established the acreage limit
based on the information available to the Department as well as the
incorporation of the accompanying features and categories that address
the potential for adverse impacts from these types of projects, even in
the context of other projects. In addition, while the CE itself does
not include a limit on the number of times it may be used, each
proposed action considered for approval in use of the CE must be
reviewed against the Department's extraordinary circumstances, one of
which, and here most relevant, applies if a proposed action may ``have
a direct relationship to other actions that implicate potentially
significant environmental effects'' (43 CFR 46.215(e)). This means that
if the bureau determines that a proposed salvage project has a direct
relationship to a previously conducted or planned project that may
implicate potentially significant environmental effects, the CE could
not be utilized and the bureau would need to prepare an EA or EIS.
Comment 24: The Department received a comment suggesting that the
proposed CE requires consultation with the U.S. Fish and Wildlife
Service (FWS) and National Marine Fisheries Service (NMFS).
Response 24: To the extent that establishment of a NEPA procedure
such as the establishment of this CE is subject to the requirements of
section 7 of the Endangered Species Act, the action has no effect on
listed species or critical habitat. Proposed actions a bureau may
pursue to implement salvage harvest that may use this CE to satisfy any
NEPA requirements would be subject to review under Section 7 of the ESA
and, if the parameters of the proposed action and site-specific
conditions require, appropriate consultation with the FWS and NMFS
would occur.
Comment 25: The Department received a comment suggesting that post-
disturbance salvage logging would affect historic and cultural
resources thus triggering National Historic Preservation Act (NHPA)
requirements.
Response 25: The establishment of a CE as part of the agency's NEPA
procedures does not change the effect or exclude the applicability of
other laws such as NHPA when a bureau uses the CE for NEPA compliance
for a particular salvage activity. When using CEs, other procedural or
substantive statutory or regulatory requirements may still apply, such
as Tribal consultation and consultation under the NHPA.
III. Categorical Exclusion Justification
The Department finds that the category of actions described in this
timber salvage harvest CE does not normally have a significant effect
on the
[[Page 54744]]
quality of the human environment. This finding is based on the analysis
of this category of actions as documented in the BLM's Substantiation
Report, supporting record documents, and the relevant scientific
literature. To demonstrate the finding that actions under the proposed
CEs would not normally result in significant effects on the quality of
the human environment, the Department reviewed proposed actions
evaluated in 34 EAs that supported FONSIs as well as post-
implementation information and summarized them in the Substantiation
Report.
The Department consulted with CEQ on the establishment of this new
timber salvage harvest CE consistent with section 102(2)(B) of NEPA, 42
U.S.C. 4332(2)(B). Therefore, the Department adds this CE to the DOI
NEPA Handbook, Appendix 2.
When applying this CE, responsible officials will evaluate proposed
actions covered by the 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.
For use of this CE, the responsible official would document this
review. 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).
IV. Text added to the U.S. Department of the Interior Handbook of NEPA
Implementing Procedures, Appendix 2: Bureau Categorical Exclusions
The DOI Handbook of NEPA Implementing Procedures, Appendix 2:
Bureau Categorical Exclusions includes 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;
(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.
* * * * *
Authorities: NEPA, as amended (42 U.S.C. 4321 et seq.).
Stephen G. Tryon,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2026-17251 Filed 8-21-26; 8:45 am]
BILLING CODE 4331-27-P
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