[Federal Register Volume 60, Number 130 (Friday, July 7, 1995)]
[Notices]
[Pages 35417-35420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16666]



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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Notice of Proposed Revised Procedures Implementing the National 
Environmental Policy Act (NEPA) for the Bureau of Indian Affairs (BIA)

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of Proposed Revised NEPA Procedures.

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SUMMARY: This notice announces a proposed revision of Appendix 4 to the 
Department's NEPA procedures (516 DM, Appendix 4) which were published 
in the Federal Register on March 31, 1988 (53 FR 10439).

DATES: The Appendix 4 will be adopted after a 30-day comment period. 
Comments received during this time will be considered.

ADDRESSES: Send comments to: Dr. Willie R. Taylor, Director, Office of 
Environmental Policy and Compliance, MIB 2340, 1849 C St NW, 
Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Dr. Willie R. Taylor, Director, Office 
of Environmental Policy and Compliance; telephone (202) 208-3891. For 
the Bureau of Indian Affairs, contact Dr. Donald Sutherland telephone 
(202) 208-4791.
SUPPLEMENTAL INFORMATION: This proposed revised Appendix 4 to the 
Department manual (516 DM 6) provides more specific NEPA compliance 
guidance to the BIA. In particular, it updates information about BIA 
organizational responsibilities for NEPA compliance, updates guidance 
to applicants, adds to those actions normally requiring preparation of 
an environmental impact statement (EIS) and updates, revises, and adds 
to those actions categorically excluded from the NEPA process. The 
additions reflect continued BIA experience with the NEPA process and 
are primarily in the land conveyance, waste management and roads and 
transportation areas. The Appendix 4 must be used in conjunction with 
Departmental procedures and the Council on Environmental Quality 
regulations (40 CFR parts 1500-1508). In addition, the BIA has prepared 
a Handbook (30 BIAM, Supplement 1) to provide technical guidance on how 
to apply these procedures to its principal programs at the Area and 
Agency levels.
    Comments are solicited and will be considered in the final version 
of Appendix 4.

516 DM 6, Appendix 4

4.1  NEPA Responsibility

    A. Deputy Commissioner of Indian Affairs is responsible for NEPA 
compliance of Bureau of Indian Affairs (BIA) activities and programs.
    B. Director, Office of Trust Responsibilities (OTR) is responsible 
for oversight of the BIA program for achieving compliance with NEPA, 
program direction, and leadership for BIA environmental policy, 
coordination and procedures.
    C. Environmental Services Staff, reports to the Director (OTR). 
This office is the Bureau-wide focal point for overall NEPA policy and 
guidance and is responsible for advising and assisting Area Offices, 
Agency Superintendents, and other field support personnel in their 
environmental activities. The office also provides training and acts as 
the Central Office's liaison with Indian tribal governments on NEPA and 
other environmental compliance matters. Information about BIA NEPA 
documents or the NEPA process can be obtained by contacting the 
Environmental Services Staff.
    D. Other Central Office Directors and Division Chiefs are 
responsible for ensuring that the programs and activities within their 
jurisdiction comply with NEPA.
    E. Area Directors and Project Officers are responsible for assuring 
NEPA compliance with all activities under their jurisdiction and 
providing advice and assistance to Agency Superintendents and 
consulting with the Indian tribes on environmental matters related to 
NEPA. Area Directors and Project Officers are also responsible for 
assigning sufficient trained staff to ensure NEPA compliance is carried 
out. An Environmental Coordinator is located at each Area Office.
    F. Agency Superintendents and Field Unit Supervisors are 
responsible for NEPA compliance and enforcement at the Agency or field 
unit level.

4.2  Guidance to Applicants and Tribal Governments

A. Relationship With Applicants and Tribal Governments
    1. Guidance to Applicants.
    a. An ``applicant'' is an entity which proposes to undertake any 
activity which will at some point require BIA action. These may include 
tribal governments, private entities, state and local governments or 
other Federal agencies. BIA compliance with NEPA is Congressionally 
mandated. Compliance is initiated when a BIA action is necessary in 
order to implement a proposal.
    b. Applicants should contact the BIA official at the appropriate 
level for assistance. This will be the Agency Superintendent, Area 
Director or the Director, Office of Trust Responsibilities.
    c. If the applicant's proposed action will affect or involve more 
than one tribal government, one government agency, one BIA Agency, or 
where the action may be of State-wide or regional significance, the 
applicant should contact the respective Area Director(s). The Area 
Director(s), using sole discretion, may assign the lead NEPA compliance 
responsibilities to one Area Office or, as appropriate, to one Agency 
Superintendent. From that point, the Applicant will deal with the 
designated lead office.
    d. Since much of the applicant's planning may take place outside 
the BIA system, it is the applicant's responsibility to prepare a 
milestone chart for BIA use at the earliest possible stage in order to 
coordinate the efforts of both parties. Early communication with the 
responsible BIA office will expedite determination of the appropriate 
type of NEPA documentation required. Other matters 

[[Page 35418]]
such as the scope, depth and sources of data for an environmental 
document will also be expedited and will help lead to a more efficient 
and more timely NEPA compliance process.
    2. Guidance to Tribal Governments.
    a. Tribal governments may be applicants, and/or be affected by a 
proposed action of BIA or another Federal agency. Tribal governments 
affected by a proposed action shall be consulted during the preparation 
of environmental documents and, at their option, may cooperate in the 
review or preparation of such documents. Notwithstanding the above, the 
BIA retains sole responsibility and discretion in all NEPA compliance 
matters.
    b. Any proposed tribal actions that do not require BIA or other 
Federal approval, funding or ``actions'' are not subject to the NEPA 
process.
B. Prepared Program Guidance
    BIA has implemented regulations for environmental guidance for 
surface mining in 25 CFR part 216 (Surface Exploration, Mining and 
Reclamation of Lands.) Environmental guidance for Forestry activities 
is found in 25 CFR 163.27 and 53 BIAM Supplement 2 and Supplement 3.
C. Other Guidance
    Programs under 25 CFR for which BIA has not yet issued regulations 
or directives for environmental information for applicants are listed 
below. These programs may or may not require environmental documents 
and could involve submission of applicant information to determine NEPA 
applicability. Applicants for these types of programs should contact 
the appropriate BIA office for information and assistance:
    1. Partial payment construction charges on Indian irrigation 
projects (25 CFR part 134).
    2. Construction assessments, Crow Indian irrigation project (25 CFR 
part 135).
    3. Fort Hall Indian irrigation project, Idaho (25 CFR part 136).
    4. Reimbursement of construction costs, San Carlos Indian 
irrigation project, Arizona (25 CFR part 137).
    5. Reimbursement of construction costs, Ahtanum Unit, Wapato Indian 
irrigation project, Washington (25 CFR part 138).
    6. Reimbursement of construction costs, Wapato-Satus Unit, Wapato 
Indian Irrigation project, Washington (25 CFR part 139).
    7. Land acquisitions (25 CFR part 151).
    8. Leasing and permitting (Lands) (25 CFR part 162).
    9. Sale of lumber and other forest products produced by Indian 
enterprises from the forests on Indian reservation (25 CFR part 164).
    10. Sale of forest products, Red Lake Indian Reservation, Minn. (25 
CFR part 165).
    11. General grazing regulations (25 CFR part 166).
    12. Navajo grazing regulations (25 CFR part 167).
    13. Grazing regulations for the Hopi partitioned lands are (25 CFR 
part 168).
    14. Rights-of-way over Indian lands (25 CFR part 169).
    15. Roads of the Bureau of Indian Affairs (25 CFR part 170).
    16. Concessions, permits and leases on lands withdrawn or acquired 
in connection with Indian irrigation projects (25 CFR part 173).
    17. Indian Electric Power Utilities (25 CFR part 175).
    18. Resale of lands within the badlands Air Force Gunnery Range 
(Pine Ridge Aerial Gunnery Range
    (25 CFR part 178).
    19. Leasing of tribal lands for mining
    (25 CFR part 211).
    20. Leasing of allotted lands for mining (25 CFR part 212).
    21. Leasing of restricted lands of members of Five Civilized 
Tribes, Oklahoma, for mining (25 CFR part 213).
    22. Leasing of Osage Reservation lands, Oklahoma, for mining, 
except oil and gas (25 CFR part 214).
    23. Lead and zinc mining operations and leases, Quapaw Agency (25 
CFR part 215).
    24. Surface exploration, mining, and reclamation of lands (25 CFR 
part 216).
    25. Leasing of Osage Reservation lands for oil and gas mining (25 
CFR part 226).
    26. Leasing of certain lands in Wind River Indian Reservation, 
Wyoming, for oil and gas mining (25 CFR part 227).
    27. Indian fishing in Alaska (25 CFR part 241).
    28. Commercial fishing on Red Lake Indian Reservation (25 CFR part 
242).
    29. Use of Columbia River in-lieu fishing sites (25 CFR part 248).
    30. Off-reservation treaty fishing (25 CFR part 249).
    31. Indian fishing--Hoopa Valley Indian Reservation
    (25 CFR part 150).
    32. Housing Improvement Program (25 CFR part 256).
    33. Contracts under Indian Self-Determination Act
    (25 CFR part 271).
    34. Grants under Indian Self-Determination Act
    (25 CFR part 272).
    35. School construction or services for tribally operated 
previously private schools
    (25 CFR part 274).
    36. Uniform administration requirements for grants
    (25 CFR part 276).
    37. School construction contracts for public schools
    (25 CFR part 277).

4.3  Major Actions Normally Requiring an EIS

    A. The following BIA actions normally require the preparation of an 
Environmental Impact Statement (EIS):
    1. Proposed mining contracts (for other than oil and gas), or the 
combination of a number of smaller contracts comprising a mining unit 
for:
    a. New mines of 640 acres or more, other than surface coal mines.
    b. New surface coal mines of 1,280 acres or more, or having an 
annual full production level of 5 million tons or more.
    2. Proposed water development projects which would, for example, 
inundate more than 1,000 acres, or store more than 30,000 acre-feet, or 
irrigate more than 5,000 acres of undeveloped land.
    3. Construction of a treatment, storage or disposal facility for 
hazardous waste.
    4. Construction of a solid waste facility for commercial purposes.
    B. If, for any of these actions, it is proposed not to prepare an 
EIS, an Environmental Assessment (EA) will be prepared and handled in 
accordance with 40 CFR 1501.4(a)(2).

4.4  Categorical Exclusions

    In addition to the actions listed in the Department's categorical 
exclusions in Appendix 1 of 516 DM 2, many of which the BIA also 
performs, the following BIA actions are hereby designated as 
categorical exclusions unless the action qualifies as an exception 
under Appendix 2 of 516 DM 2. These activities are single, independent 
actions not associated with a larger, existing or proposed, complex or 
facility. If cases occur that involve larger complexes or facilities, 
an EA or supplement should be accomplished.
A. Operation, Maintenance, and Replacement of Existing Facilities
    Examples are normal renovation of buildings, road maintenance and 
limited rehabilitation of irrigation structures.
B. Transfer of Existing Federal Facilities to Other Entities
    Transfer of existing operation and maintenance activities of 
Federal facilities to tribal groups, water user organizations, or other 
entities where the anticipated operation and 

[[Page 35419]]
maintenance activities are agreed to in a contract, follow BIA policy, 
and no change in operations or maintenance is anticipated.
C. Human Resources Programs
    Examples are social services, education services, employment 
assistance, tribal operations, law enforcement and credit and financing 
activities.
D. Administrative Actions and Other Activities Relating to Trust 
Resources
    Examples are: Management of trust funds (collection and 
distribution), budget, finance, estate planning, wills and appraisals.
E. Self-Determination and Self-Governance
    1. Self-Determination Act contracts and grants for BIA programs 
which are listed as categorical exclusions, or for programs in which 
environmental impacts are adequately addressed in earlier NEPA 
analysis.
    2. Self-Governance compacts for BIA programs which are listed as 
categorical exclusions or for programs in which environmental impacts 
are adequately addressed in earlier NEPA analysis.
F. Rights-of-Way
    1. Rights-of-Way inside another right-of-way, or amendments to 
rights-of-way where no deviations from or additions to the original 
right-of-way are involved and where there is an existing NEPA analysis 
covering the same or similar impacts in the right-of-way area.
    2. Service line agreements to an individual residence, building or 
well from an existing facility where installation will involve no 
clearance of vegetation from the right-of-way other than for placement 
of poles, signs (including highway signs), or buried power/cable lines.
    3. Renewals, assignments and conversions of existing rights-of-way 
where there would be essentially no change in use and continuation 
would not lead to environmental degradation.
G. Minerals
    1. Approval of permits for geologic mapping, inventory, 
reconnaissance and surface sample collecting.
    2. Approval of unitization agreements, pooling or communitization 
agreements.
    3. Approval of mineral lease adjustments and transfers, including 
assignments and subleases.
    4. Approval of oil and gas leases in which drilling actions will be 
permitted and NEPA analysis will be prepared by the Bureau of Land 
Management.
    5. Approval of royalty determinations such as royalty rate 
adjustments of an existing lease or contract agreement.
H. Forestry
    1. Approval of free-use cutting, without permit, to Indian owners 
for on-reservation personal use of forest products, not to exceed 2,500 
feet board measure when cutting will not adversely affect associated 
resources such as riparian zones, areas of special significance, etc.
    2. Approval and issuance of free-use cutting permits for forest 
products not to exceed $5,000 in value.
    3. Approval and issuance of paid timber cutting permits or 
contracts for products valued at less than $25,000 when in compliance 
with policies and guidelines established by a current management plan 
addressed in earlier NEPA analysis.
    4. Approval of annual logging plans when in compliance with 
policies and guidelines established by a current management plan 
addressed in earlier NEPA analysis.
    5. Approval of Fire Management Planning Analysis detailing 
emergency fire suppression activities.
    6. Approval of emergency forest and range rehabilitation plans when 
limited to environmental stabilization on less than 10,000 acres and 
not including approval of salvage sales of damaged timber.
    7. Approval of forest stand improvement projects of less than 2000 
acres when in compliance with policies and guidelines established by a 
current management plan addressed in earlier NEPA analysis.
    8. Approval of timber management access skid trail and logging road 
construction when consistent with policies and guidelines established 
by a current management plan addressed in earlier NEPA analysis.
    9. Approval of prescribed burning plans of less than 2000 acres 
when in compliance with policies and guidelines established by a 
current management plan addressed in earlier NEPA analysis.
    10. Approval of forestation projects with native species and 
associated protection and site preparation activities on less than 2000 
acres when consistent with policies and guidelines established by a 
current management plan addressed in earlier NEPA analysis.
I. Land Conveyance and Other Transfers
    Approvals or grants of conveyances and other transfers of interests 
in land where no change in land use is planned.
J. Reservation Proclamations
    Lands established as or added to a reservation pursuant to 25 
U.S.C. 467, where no development or change in land use is planned.
K. Waste Management
    1. Closure operations for solid waste facilities when done in 
compliance with other federal laws and regulations and where cover 
material is taken from locations which have been approved for use by 
earlier NEPA analysis.
    2. Activities involving remediation of hazardous waste sites when 
done in compliance with applicable federal statutes such as CERCLA, 
RCRA or TSCA.
L. Roads and Transportation
    1. Approval of utility installations along or across a 
transportation facility located in whole within the limits of the 
roadway right-of-way.
    2. Construction of bicycle and pedestrian lanes and paths adjacent 
to existing highways.
    3. Activities included in a ``highway safety plan'' under 23 CFR 
part 402.
    4. Installation of fencing, signs, pavement markings, small 
passenger shelters, traffic signals, and railroad warning devices where 
no substantial land acquisition or traffic disruption will occur.
    5. Emergency repairs under 23 U.S.C. 125.
    6. Acquisition of scenic easements.
    7. Alterations to facilities to make them accessible for the 
elderly or handicapped.
    8. Resurfacing a highway without adding to the existing width.
    9. Rehabilitation, reconstruction or replacement of an existing 
bridge structure on essentially the same alignment or location (i.e. 
widening, adding shoulders or safety lanes, walkways, bikeways or 
guardrails).
    10. Approvals for changes in access control within existing right-
of-ways.
    11. Road construction within an existing right-of-way which has 
already been acquired for a HUD housing project and for which earlier 
NEPA analysis has already been prepared.
M. Other
    1. Data gathering activities such as inventories, soil and range 
surveys, timber cruising, geological, geophysical, archeological, 
paleontological and cadastral surveys.
    2. Establishment of non-disturbance environmental quality 
monitoring programs and field monitoring stations including testing 
services.
    3. Actions where BIA has concurrence or co-approval with another 
Bureau and 

[[Page 35420]]
the action is categorically excluded for that Bureau.
    4. Approval of an Application for Permit to Drill for a new water 
source or observation well.
    5. Approval of conversion of an abandoned oil well to a water well 
if water facilities are established only near the well site.

    Dated: June 27, 1995.
Willie R. Taylor,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 95-16666 Filed 7-6-95; 8:45 am]
BILLING CODE 4310-02-P