[Federal Register Volume 67, Number 241 (Monday, December 16, 2002)]
[Notices]
[Pages 77038-77044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31576]


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DEPARTMENT OF AGRICULTURE

Forest Service

DEPARTMENT OF THE INTERIOR

RIN 0596-AB99


National Environmental Policy Act Documentation Needed for Fire 
Management Activities; Categorical Exclusions

AGENCY: Forest Service, USDA, and Department of the Interior.

ACTION: Notice of proposed National Environmental Policy Act 
implementing procedures; request for comment.

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SUMMARY: The Department of Agriculture, Forest Service and Department 
of the Interior give notice of, and request comment on, their proposal 
to revise their procedures for implementing the National Environmental 
Policy Act (NEPA) and Council on Environmental Quality (CEQ) 
regulations. These revisions are being made to Forest Service Handbook 
1909.15, chapter 30, and Department of the Interior Manual 516 DM, 
chapter 2, Appendix 1, which describe categorical exclusions, i.e., 
categories of actions that will not result in significant impacts on 
the environment and therefore normally do not require further analysis 
in either an environmental assessment or an environmental impact 
statement. The proposal would add two such categories of actions to the 
agencies' NEPA procedures: (1) Hazardous fuels reduction activities 
(such as thinning overstocked stands and brush); and (2) activities for 
rehabilitating and stabilizing lands and infrastructure (such as 
reseeding) impacted by wildland fires or fire suppression. The 
Departments reviewed over 3,000 hazardous fuel reduction and 
rehabilitation/stabilization projects and concluded that these 
categories of actions do not individually or cumulatively result in 
significant effects on the human environment. The intended effect of 
these two categorical exclusions is to facilitate efficient planning 
and timely decisions concerning treatment of hazardous fuels and 
stabilization and rehabilitation of areas so as to reduce risks to 
communities and the environment caused by severe fires.
    The hazardous fuels reduction categorical exclusion will only apply 
to projects identified in a manner consistent with the collaborative 
framework in the 10-Year Comprehensive Strategy Implementation Plan. 
Moreover, these

[[Page 77039]]

hazardous fuels reduction activities: (1) Would not be conducted in 
wilderness areas or where they would impair the suitability of 
wilderness study areas for preservation for wilderness; (2) would not 
include the use of herbicides or pesticides; (3) would not involve the 
construction of new permanent roads or other infrastructure, and (4) 
would not include activities such as timber sales that do not have 
hazardous fuels reduction as their primary purpose. Activities carried 
out under the rehabilitation and stabilization categorical exclusion 
would only take place after a wildfire. These activities cannot use 
herbicides or pesticides, nor include the construction of new permanent 
roads or other infrastructure. Activities conducted under either of the 
proposed categorical exclusions must be consistent with agency and 
Departmental procedures, land and resource management plans, and must 
comply with all applicable Federal, State, and tribal laws for 
protection of the environment (e.g., compliance with State standards 
for air quality). These categorical exclusions will not apply where 
there are extraordinary circumstances, such as adverse effects on 
threatened and endangered species or their designated critical habitat, 
wilderness areas, inventoried roadless areas, wetlands, and 
archeological or historic sites.
    Hazardous fuels reduction and rehabilitation/stabilization 
activities will help reach the goal of restoring fire-adapted 
ecosystems, which will benefit many species and their habitat. Public 
comment is invited and will be considered in development of the final 
procedures.

DATES: Comments must be received in writing by January 15, 2003.

ADDRESSES: Mail written comments to: Healthy Forests Initiative, USDA 
FS Content Analysis Team, P.O. Box 221150, Salt Lake City, Utah 84116.
    Comments also may be submitted via facsimile to (801) 517-1015 or 
by e-mail to [email protected]. If comments are sent via 
facsimile or e-mail, the public is requested not to send duplicate 
written comments via regular mail.
    All comments, including names and addresses when provided, are 
placed in the record and are available for public inspection. Persons 
wishing to inspect the comments need to call (801) 517-1020 to 
facilitate an appointment.

FOR FURTHER INFORMATION CONTACT: Dave Sire, USDA Forest Service, 
Ecosystem Management Coordination, (202) 205-2935, or Willie Taylor, 
Department of the Interior, Office of Environmental Policy and 
Compliance, (202) 208-3891. Individuals who use telecommunication 
devices for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 1-800-877-8339 between 8 a.m. and 4 p.m., Eastern 
Standard Time, Monday through Friday. Additional information and 
analysis can be found under the Healthy Forests Initiative at http://www.fs.fed.us/projects/HFI.shtml.

SUPPLEMENTARY INFORMATION:

Overview

    On August 22, 2002, President Bush established the Healthy Forests 
Initiative, directing the Departments of Agriculture and Interior and 
the Council on Environmental Quality to improve regulatory processes to 
ensure more timely decisions, greater efficiency, and better results in 
reducing the risk of catastrophic wildfires by restoring forest health.
    In response to this direction, the Departments of Agriculture and 
the Interior propose two new categorical exclusions. The first, 
addressing hazardous fuels reduction projects, is intended to better 
protect lives, communities, and ecosystems from the risk of high-
intensity wildland fire. The second, addressing rehabilitation and 
stabilization projects, is intended to better restore natural resources 
and infrastructure after a fire. These two proposed categorical 
exclusions will increase the ability of the agencies to expeditiously 
reduce hazardous fuels, thereby lowering the intensity and rapid spread 
of wildfires, and facilitate the agency's abilities to rapidly 
rehabilitate and stabilize burned areas to protect watersheds and 
resources.

Why Do the Departments Need the Proposed Categorical Exclusions?

    As stated in the Administration's ``Healthy Forests: An Initiative 
for Wildfire Prevention and Stronger Communities'', there are 190 
million acres of Federal forests and rangelands in the 48 contiguous 
states at risk of severe wildland fires that threaten human safety, 
property, and ecosystem integrity. Drought conditions coupled with 
years of fuel buildup combine to make these lands vulnerable to 
intense, fast-moving fires that often are far more destructive than 
those in prior years. In the aftermath of wildland fires, timely 
rehabilitation and stabilization projects are critical to preventing 
additional threats to communities and ecosystems, such as soil erosion, 
mudslides, invasive species, and deteriorating watersheds.
    The 2000 fire season, for example, was one of the worst in 50 
years. Approximately 123,000 fires burned more than 8.4 million acres. 
The total acreage burned was more than twice the 10-year national 
average. At times, nearly 30,000 personnel were on the fire lines, 
including military and firefighters from other countries. More than $2 
billion from Federal accounts was spent suppressing wildland fires. 
This amount does not include State and local firefighting suppression 
costs, direct and indirect economic losses to communities, loss of 
property, and damage to ecosystems.
    The trend since 2000 has continued. During 2002, catastrophic 
wildfires continued to make national headlines, burning over 7.1 
million acres. According to the General Accounting Office 1999 report, 
``Western National Forests--A Cohesive Strategy Is Needed to Address 
Catastrophic Wildfire Threats,'' wildfires have increasingly become 
large, intense, and catastrophic in the currently denser stands of the 
national forests in the interior West. For example, the 2002 Rodeo Fire 
in Arizona grew from 800 to 46,000 acres in one day. In addition, 
Oregon and Colorado experienced unusually large fires, with Colorado's 
Hayman fire being five times larger than the previous largest recorded 
fire in that State's history.
    Congress and the Executive Branch identified coordinated and 
strategic fuels treatment as necessary to undo a century of fuels 
buildup. In August 2000, the Secretaries of Agriculture and the 
Interior began an effort designed to reduce fire impacts on communities 
and ensure effective firefighting capacity in the future. The result 
was the National Fire Plan, which Congress later supported through 
appropriations language in the fiscal year (FY) 2001 appropriations act 
for the Department of the Interior and related agencies. As part of its 
direction, Congress mandated the creation of a coordinated national 10-
year comprehensive strategy. The resulting strategy, ``A Collaborative 
Approach for Reducing Wildland Fire Risks to Communities and the 
Environment 10-Year Comprehensive Strategy,'' completed in August of 
2001, was developed by Federal, State, tribal, and local government and 
non-governmental representatives. In May of 2002, these same parties 
completed the Implementation Plan for the 10-Year Comprehensive 
Strategy. The Implementation Plan establishes a performance-based 
framework for improving the management of wildland fire and hazardous 
fuels; meeting the need for ecosystem restoration and rehabilitation; 
implementing protective measures to reduce the risk of wildland

[[Page 77040]]

fire to communities and environments and monitoring progress over time.
    The unprecedented collaboration among Federal, State, tribal and 
local governments, citizens and groups reached a powerful consensus 
that immediate action was needed. Thus, the 10-Year Comprehensive 
Strategy Implementation Plan set four primary goals: (1) Improve fire 
prevention and suppression; (2) reduce hazardous fuels; (3) restore 
fire-adapted ecosystems; and (4) promote community assistance. For each 
goal, the 10-Year Comprehensive Strategy Implementation Plan identifies 
specific outcomes, performance measures, and implementation tasks that 
guide agency actions and measure performance. Moreover, a key 
implementation task under Goal Two of the 10-Year Comprehensive 
Strategy Implementation Plan requires agencies to assess regulatory 
processes governing hazardous fuels projects and activities done in 
conformance with the 10-Year Comprehensive Strategy and Implementation 
Plan and to identify measures to improve the timeliness of decisions. 
The proposed categorical exclusions respond to this task and the goal 
of restoring fire-adapted ecosystems under Goal Three of the 10-Year 
Comprehensive Strategy Implementation Plan.
    The proposed categorical exclusions will provide the departments 
with identical management tools that will improve consistency and 
cooperation among Federal agencies in the implementation of hazardous 
fuels reduction, stabilization, and rehabilitation projects. This 
improved cooperation will, in turn, foster more effective collaboration 
among Federal, State, tribal, and local governments and interested 
stakeholders consistent with the 10-Year Comprehensive Strategy 
Implementation Plan.

What Is a Categorical Exclusion?

    The National Environmental Policy Act (NEPA), and accompanying 
Council on Environmental Quality (CEQ) regulations (40 CFR 1500), 
require that each agency establish specific criteria for and 
identification of three types of actions: (1) Those that require 
preparation of an environmental impact statement; (2) those that 
require the preparation of an environmental assessment; and (3) those 
that are categorically excluded from further analysis and documentation 
in an environmental assessment or an environmental impact statement. 
Actions qualify for (3), a categorical exclusion, if they do not 
individually or cumulatively have a significant impact on the human 
environment and warrant no further analysis and documentation in an 
environmental assessment or an environmental impact statement. Agencies 
must, however, recognize the exceptions to the application of a 
categorical exclusion that extraordinary circumstances may require.
    A categorical exclusion is not an exemption from the requirements 
of NEPA. Categorical exclusions are an essential part of NEPA that 
provide a categorical determination that the activities do not result 
in significant impacts, eliminating the need for individual analyses 
and lengthier documentation. CEQ regulations at 40 CFR 1500.4(p), 
1507.3 and 1508.4 direct agencies to use categorical exclusions to 
define categories of actions which do not individually or cumulatively 
have a significant effect on the human environment and do not require 
the preparation of an environmental assessment or an environmental 
impact statement, thereby reducing excessive paperwork.
    Current United States Department of Agriculture (USDA) Forest 
Service procedures for complying with and implementing NEPA are set out 
in Forest Service Handbook (FSH) 1909.15, Chapter 30, which establishes 
two types of categorical exclusions. The first, set out at section 
31.1, consists of categories of actions that are so routine and limited 
that a record is not required. The second type, set out at section 
31.2, consists of categories of actions that require documentation in a 
Decision Memo that explains the rationale for applying a categorical 
exclusion and not preparing an environmental assessment or an 
environmental impact statement. The two categorical exclusions proposed 
in this notice would fall within the Forest Service's second type of 
categorical exclusion that requires a Decision Memo.
    Current Department of the Interior procedures for complying with 
NEPA are set out in Departmental Manual 516 DM. Department-wide 
categorical exclusions are established in 516 DM, chapter 2, Appendix 
1. In applying the categorical exclusions, bureaus must make a 
determination that the exemptions do not apply. No specific form of 
documentation has previously been required for this determination. 
While the Department of the Interior has not required formal 
documentation of its department-wide categorical exclusions, many 
bureaus of the Department of the Interior prescribe some formal 
documentation for their bureau-specific categorical exclusions. Due to 
the desire to have comparable categorical exclusions and consistency in 
use, the Department of the Interior will issue instructions for 
documenting and distributing the rationale for applying either of these 
two proposed categorical exclusions, consistent with Forest Service 
procedures.
    As directed by the CEQ regulations at 40 CFR 1508.4, both the USDA 
Forest Service and the Department of the Interior procedures provide 
for extraordinary circumstances in which a normally excluded action may 
have a significant environmental effect. Extraordinary circumstances 
occur, for example, where proposed actions would have adverse effects 
on federally listed threatened and endangered species or their 
designated critical habitat, wilderness areas, inventoried roadless 
areas, wetlands, and archeological or historic sites. Where 
extraordinary circumstances occur, project analyses are documented in 
an environmental assessment or environmental impact statement. The 
proposed categorical exclusions would be applied in the absence of 
extraordinary circumstances in accordance with departmental procedures. 
The USDA Forest Service provisions for extraordinary circumstances are 
set out in FSH 1909.15, section 30.3. The Department of the Interior 
provisions for extraordinary circumstances, called exceptions, are set 
out in 516 DM, chapter 2, Appendix 2. USDA Forest Service and the 
Department of the Interior provisions for extraordinary circumstances 
may be viewed at http://www.fs.fed.us/projects/HFI.shtml.

Explanation of Proposed Categorical Exclusions

    The USDA Forest Service and the Department of the Interior are 
proposing two categorical exclusions. These categorical exclusions 
would apply to National Forest System lands and to lands managed by the 
Department of the Interior agencies, including lands administered by 
the Bureau of Land Management, National Park Service, Fish and Wildlife 
Service, the Bureau of Indian Affairs, and the Bureau of Reclamation.
    The first categorical exclusion proposed by the USDA Forest Service 
and the Department of the Interior addresses hazardous fuels reduction 
projects. Hazardous fuels consist of combustible vegetation (live or 
dead), such as grass, leaves, ground litter, plants, shrubs, and trees, 
that contribute to the threat of ignition and high fire intensity and/
or high rate of spread. Hazardous fuels reduction involves 
manipulation, including combustion or removal of fuels, to reduce the 
likelihood of ignition and/or to lessen potential damage to the 
ecosystem from

[[Page 77041]]

intense wildfire and to create conditions where firefighters can safely 
and effectively control wildfires. Activities that could be conducted 
under this proposed categorical exclusion are the thinning of trees 
(commercial or pre-commercial as identified in the 10-Year 
Comprehensive Strategy Implementation Plan) and the removal of 
combustible vegetation through mechanical means, grazing, and the use 
of prescribed fire.
    The second proposed category addresses rehabilitation and 
stabilization of resources and infrastructure in the aftermath of a 
fire. Activities that could be conducted under this proposed 
categorical exclusion include rehabilitation of habitat, watersheds, 
and infrastructure impacted by wildfire and/or wildfire suppression. 
Reseeding or planting, fence construction, culvert repair, installation 
of erosion control devices, and repair of roads and trails are examples 
of activities necessary for the stabilization and rehabilitation of 
habitat, watersheds, historical, archeological, and cultural sites, and 
infrastructure impacted by wildfire and/or wildfire suppression.

When Will the Categorical Exclusions Be Used?

    The hazardous fuels reduction categorical exclusion will be 
applicable only to projects identified in a manner that is consistent 
with the collaborative framework in the 10-Year Comprehensive Strategy 
Implementation Plan. Additionally, categorically excluded hazardous 
fuels reduction activities would not be conducted in wilderness areas 
or where they would impair the suitability of wilderness study areas 
for preservation as wilderness. Categorically excluded hazardous fuels 
reduction activities are further limited in that they cannot include 
the use of herbicides or pesticides or the construction of new 
permanent infrastructure. Infrastructure may be reconstructed, but no 
new permanent roads or new permanent construction may take place under 
this categorical exclusion.
    Activities carried out under the rehabilitation and stabilization 
categorical exclusion would apply only to activities in the aftermath 
of a wildfire. Such activities are further limited in that they cannot 
include the use of pesticides or the construction of new permanent 
infrastructure. Infrastructure may be reconstructed, but no new 
permanent roads or new permanent construction may take place under this 
categorical exclusions.
    Activities conducted using the proposed categorical exclusions must 
be consistent with agency and Departmental procedures, and with 
applicable land and resource management plans. For example, procedures 
and plans call for appropriate buffers from riparian areas or areas 
containing cultural or historical artifacts and for timing activities 
to avoid species of concern and sensitive species nesting periods. 
Products generated by use of mechanical methods under the proposed 
hazardous fuel reduction categorical exclusion would be sold or 
otherwise utilized or disposed of in accordance with agency and 
Departmental procedures.
    In addition, the activities under both proposed categorical 
exclusions must meet all applicable Federal, State, and tribal laws or 
other requirements imposed for protection of the environment. For 
example, the Clean Air Act requires compliance with State standards for 
air quality. A categorical exclusion would not be used if air quality 
standards could not be met. Similarly, the Wilderness Act provides 
certain protections for areas designated by Congress as wilderness 
areas. Categorical exclusions would not be used where a proposed 
activity may have adverse effects on wilderness characteristics.
    In addition, agencies can avoid significant environmental effects 
by following agency procedures related to compliance with other 
applicable laws. For example, effects on archeological and cultural 
resources can often be mitigated simply by identifying and avoiding 
those resources. As another example, the use of fire is coordinated 
with State regulatory agencies concerned with air quality to ensure 
that burning is carried out when atmospheric conditions are favorable 
to smoke dispersal.
    In using categorical exclusions, agencies must continue conducting 
appropriate consultations with Federal and State regulatory agencies, 
such as those required by the Endangered Species Act and the National 
Historic Preservation Act. Activities categorically excluded from 
documentation in an environmental assessment or an environmental impact 
statement must still be evaluated to assess effects on threatened and 
endangered species, and undergo an appropriate level of consultation 
with the U.S. Fish and Wildlife Service or the National Marine 
Fisheries Service. Similarly, categorically excluded activities undergo 
surveys and evaluation of effects on properties protected by the 
National Historic Preservation Act, along with appropriate consultation 
with State Historic Preservation Officers. Such consultations help 
ensure that cumulative effects across jurisdictions will not be 
significant. The USDA Forest Service and the Department of the Interior 
invite comments on any additional factors to consider in crafting the 
final categorical exclusions that address the scope of their 
implementation.

Rationale for the Proposal

    The Departments have extensive experience in hazardous fuels 
management, as well as in stabilization and rehabilitation of resources 
following a wildfire. In examining the basis for proposing these two 
categorical exclusions, the USDA Forest Service and the Department of 
the Interior reviewed projects that were undertaken for hazardous fuels 
reduction, and rehabilitation/stabilization. Some projects involved 
multiple activities of these types. The information review included 30 
different data items for each project, including information on project 
location and size, vegetation cover type, fuels treatment type, 
predicted environmental effects, actual environmental effects after 
project completion, and mitigation measures. Environmental effects 
include ecological, aesthetic, historic, cultural, economic, social, or 
health effects as defined in 40 CFR 1508.8.
    The agencies reviewed over 3,000 hazardous fuels reduction and 
rehabilitation/stabilization projects completed in FY 1998 through FY 
2002; of these, over half were documented with environmental 
assessments, less than 50 were documented with environmental impact 
statements, and the remainder were categorically excluded from either 
of these types of documentation under existing categorical exclusions. 
Only 12 of these environmental impact statements contained predictions 
of significant environmental effects from hazardous fuels reduction and 
rehabilitation/stabilization activities. Current USDA Forest Service 
and the Department of the Interior NEPA procedures would preclude the 
application of any categorical exclusion to these 12 projects because 
of extraordinary circumstances. Had the 12 projects been considered for 
a categorical exclusion they would not have qualified because of 
extraordinary circumstances stemming from adverse effects on threatened 
and endangered species and uncertainty over the significance of effects 
on air quality and water quality.

[[Page 77042]]

    The review indicates that hazardous fuels reduction activities and 
rehabilitation/stabilization activities, absent extraordinary 
circumstances, do not individually or cumulatively have significant 
effects on the human environment. A summary of the review is available 
at http://www.fs.fed.us/projects/HFI.shtml.
    The CEQ regulations state that categorically excluded actions must 
not individually or cumulatively have a significant effect on the human 
environment (40 CFR 1508.4). Based on the previously discussed 
application of environmental laws, agency procedures, and the 
aforementioned review of the over 3,000 hazardous fuels reduction and 
rehabilitation/stabilization activities, the agencies conclude that the 
proposed categories of actions do not individually or cumulatively have 
significant effects on the human environment and, therefore, do not 
require either an environmental assessment or an environmental impact 
statement.

Monitoring Performance

    Under the 10-Year Comprehensive Strategy Implementation Plan, the 
Secretaries of the Interior and the USDA have committed to a formal 
review process to monitor and evaluate performance, suggest revisions, 
and make necessary adaptations to the Strategy in collaboration with 
Federal, State, tribal, and local stakeholders. The agencies will 
conduct monitoring of selected collaboratively developed projects and 
activities to assess the progress and effectiveness of planning and 
implementation. Projects implemented under these proposed categorical 
exclusions will be included in this review.
    Any revisions to the 10-Year Comprehensive Strategy Implementation 
Plan will integrate new information obtained from scientific research 
and on-the-ground experiences. As part of this monitoring and 
evaluation, the effectiveness of hazardous fuels reduction and 
rehabilitation/stabilization projects and the application of 
categorical exclusions will be reviewed. Based on monitoring results 
these categorical exclusions may be augmented or modified. Future 
modifications to these proposed categorical exclusions, if necessary, 
would be based in part on the results of monitoring and would involve 
additional public review.
    The actual mechanism for monitoring will be the National Fire Plan 
Operations and Reporting System (NFPORS).
    At the onset of the National Fire Plan, the wildland fire agencies 
identified the need for tools to assist them in capturing, monitoring 
and reporting accomplishments. While each agency had some mechanisms in 
place to meet accountability requirements, the agencies did not have an 
overarching system capable of providing sufficient analysis and 
reporting. Instead, each organization relied on a variety of disparate 
mechanisms for tracking and reporting hazardous fuels accomplishments.
    In order to provide a single, unified interagency system, the 
Department of Interior teamed with the USDA Forest Service to develop 
the NFPORS. The system will collect data in the areas of restoration 
and rehabilitation, hazardous fuels reduction, community assistance, 
and the method of NEPA compliance (categorical exclusion, environmental 
assessment, or environmental impact statement).

Public Involvement in the Use of the Proposed Categories

    The 10-Year Comprehensive Strategy provides a collaborative 
framework for the selection and prioritization of hazardous fuels 
reduction projects which includes extensive public participation. Use 
of the proposed hazardous fuels reduction categorical exclusion to meet 
the goals of the 10-Year Comprehensive Strategy will, therefore, 
include the public as provided in the collaborative framework.
    Indeed, local involvement is the primary source of annual hazardous 
fuels project planning, prioritization, and resource allocation. The 
amount of collaboration at the local level will be consistent with the 
complexity of land ownership patterns, resource management issues, and 
the number of interested stakeholders. The hazardous fuels reduction 
categorical exclusion will be applicable only to projects identified 
consistent with this collaborative framework.

Conclusion

    Consistent with direction provided by the President under the 
Healthy Forests Initiative and the 10-Year Comprehensive Strategy 
Implementation Plan, the agencies propose two new categorical 
exclusions: one for hazardous fuels reduction and one for stabilization 
and rehabilitation of resources and infrastructure after a fire. Based 
upon a review of field data, the agencies conclude that actions 
identified in the proposed categories would not individually or 
cumulatively have significant effects on the human environment and, 
therefore, would not require preparation of an environmental assessment 
or an environmental impact statement.
    These proposed categorical exclusions would permit timely response 
to forest health problems involving hazardous fuels and would provide 
for timely stabilization and rehabilitation of resources and 
infrastructure impacted by fire and/or wildfire suppression. Public 
comment is invited on this proposal and will be considered in adopting 
final categorical exclusions. The text of the proposed categorical 
exclusions is set out at the end of this notice.

Regulatory Certifications

Environmental Impact

    These proposed categorical exclusions would add direction to guide 
field employees in the USDA Forest Service and the Department of the 
Interior regarding requirements for National Environmental Policy Act 
(NEPA) documentation for fire management activities. Forest Service 
Handbook 1909.15, section 31.1b categorically excludes from 
documentation in an environmental assessment or environmental impact 
statement ``rules, regulations, or policies to establish Service-wide 
administrative procedures, program processes, or instructions.'' 
Department of the Interior Manual 516 DM, chapter 2, Appendix 1 
categorically excludes from documentation in an environmental 
assessment or environmental impact statement ``policies, directives, 
regulations, and guidelines of an administrative, financial, technical, 
or procedural nature.'' The agencies' preliminary assessment is that 
these proposed categorical exclusions fall within these categories of 
actions in the absence of extraordinary circumstances. A final 
determination will be made upon adoption of the final categorical 
exclusions. In addition, pursuant to 40 CFR 1505.1 and 1507.3, the USDA 
Forest Service and the Department of the Interior are consulting with 
the Council on Environmental Quality (CEQ) to ensure full compliance 
with the purposes and provisions of NEPA and the CEQ implementing 
regulations.

Regulatory Impact

    These proposed categorical exclusions have been reviewed under 
Departmental procedures and Executive Order 12866 on Regulatory 
Planning and Review. The Office of Management and Budget (OMB) has 
determined that this is a significant regulatory action as defined by 
Executive Order 12866. Accordingly,

[[Page 77043]]

OMB has reviewed these proposed categorical exclusions.
    This action to add two categorical exclusions to the agencies' NEPA 
procedures will not have an annual effect of $100 million or more on 
the economy or adversely affect productivity, competition, jobs, the 
environment, public health or safety, or State, tribal, or local 
governments. This action may interfere with an action taken or planned 
by another agency or raise new legal or policy issues. Finally, this 
action will not alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
of such programs. Accordingly, this action is subject to Office of 
Management and Budget review under Executive Order 12866.
    Moreover, this action has been considered in light of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and it is hereby 
certified that the proposed categorical exclusions will not have a 
significant economic impact on a substantial number of small entities 
as defined by the act because it will not impose record-keeping 
requirements on them; it will not affect their competitive position in 
relation to large entities; and it will not affect their cash flow, 
liquidity, or ability to remain in the market.

Federalism

    The agencies have considered these proposed categorical exclusions 
under the requirements of Executive Order 13132, Federalism, and have 
concluded that they conform with the federalism principles set out in 
this Executive Order; will not impose any compliance costs on the 
States; and will not have substantial direct effects on the States or 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. Therefore, the agencies have determined that no further 
assessment of federalism implications is necessary.

Consultation and Coordination With Indian Tribal Governments

    These proposed categorical exclusions do not have tribal 
implications as defined by Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments, and therefore advance 
consultation with tribes is not required.

No Takings Implications

    These proposed categorical exclusions have been analyzed in 
accordance with the principles and criteria contained in Executive 
Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights, and it has been determined 
that the proposed categorical exclusions do not pose the risk of a 
taking of Constitutionally protected private property.

Civil Justice Reform

    In accordance with Executive Order 12988, it has been determined 
that these categorical exclusions do not unduly burden the judicial 
system and that they meet the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Unfunded Mandates

    Pursuant to title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), which the President signed into law on March 22, 
1995, the agencies have assessed the effects of these proposed 
categorical exclusions on State, local, and tribal governments and the 
private sector. These proposed categorical exclusions do not compel the 
expenditure of $100 million or more by any State, local, or tribal 
government or anyone in the private sector. Therefore, a statement 
under section 202 of the act is not required.

Energy Effects

    These proposed categorical exclusions have been reviewed under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use. It has been 
determined that these proposed categorical exclusions do not constitute 
a significant energy action as defined in the Executive order.

Controlling Paperwork Burdens on the Public

    These proposed categorical exclusions do not contain any additional 
record keeping or reporting requirements or other information 
collection requirements as defined in 5 CFR part 1320 that are not 
already required by law or not already approved for use, and therefore, 
impose no additional paperwork burden on the public. Accordingly, the 
review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.) and its implementing regulations at 5 CFR part 1320 do 
not apply.

    For the Forest Service, U.S. Department of Agriculture.

    Dated: December 10, 2002.
Dale N. Bosworth,
Chief.
    For the U.S. Department of the Interior.

    Dated: December 11, 2002.
Christopher B. Kearney,
Acting Assistant Secretary for Policy, Management and Budget.

Proposed Categorical Exclusions

    Note: When the proposed categorical exclusions have been 
finalized, the USDA Forest Service and the Department of the 
Interior will issue the categorical exclusions in their NEPA 
procedures. The categorical exclusions would appear in Forest 
Service Handbook (FSH) 1909.15, Environmental Policy and Procedures, 
section 31.2 and Department of the Interior Manual 516 DM, chapter 
2, Appendix 1, Departmental Categorical Exclusions. Reviewers who 
wish to view the entire chapter 30 of FSH 1909.15 may obtain a copy 
electronically from the USDA Forest Service directives page on the 
World Wide Web at http://www.fs.fed.us/im/directives/. Reviewers who 
wish to view the Department of the Interior Manual 516 DM may obtain 
a copy electronically from the Department of the Interior page at 
http://elips.doi.gov/table.cfm.

    Following is the text of the two categorical exclusions:
    [sbull] Hazardous fuels reduction activities (prescribed fire, and 
mechanical or biological methods such as crushing, piling, thinning, 
pruning, cutting, chipping, mulching, grazing and mowing) when the 
activity has been identified consistent with the framework described in 
A Collaborative Approach for Reducing Wildland Fire Risks to 
Communities and the Environment 10-Year Comprehensive Strategy 
Implementation Plan. Such activities:

--Shall be conducted consistent with agency and Departmental procedures 
and land and resource management plans; and
--Shall not be conducted in wilderness areas or impair the suitability 
of wilderness study areas for preservation as wilderness; and
--Shall not include the use of herbicides or pesticides or the 
construction of new permanent roads or other new permanent 
infrastructure.

    [sbull] Activities (such as reseeding or planting, fence 
construction, culvert repair, installation of erosion control devices, 
and repair of roads and trails) necessary for the stabilization and 
rehabilitation of habitat, watersheds, historical, archeological, and 
cultural sites and infrastructure impacted by wildfire and/or wildfire 
suppression. Such activities:

--Shall be conducted consistent with agency and Departmental procedures 
and land and resource management plans; and
--Shall not include the use of herbicides or pesticides or the

[[Page 77044]]

construction of new permanent roads or other new permanent 
infrastructure.

[FR Doc. 02-31576 Filed 12-11-02; 3:00 pm]
BILLING CODE 3410-11 and 4310-70-P