[Federal Register Volume 69, Number 153 (Tuesday, August 10, 2004)]
[Proposed Rules]
[Pages 48435-48440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18100]


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DENALI COMMISSION

45 CFR Chapter IX


National Environmental Policy Act Implementing Procedures

AGENCY: Denali Commission.

ACTION: Proposed rule.

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SUMMARY: The Denali Commission proposes to establish 45 CFR chapter IX 
and to add regulations for implementing the National Environmental 
Policy Act of 1969 (NEPA) and invites public comment on the proposed 
rule. All comments will be considered in preparing the final version.

DATES: Comments and related material must be received by September 9, 
2004.

ADDRESSES: Submit comments to the Denali Commission, Attn: NEPA 
Comments; 510 L Street, Suite 410; Anchorage, AK 99501. Comments may be 
inspected in Suite 410 between 8:30 a.m. and 5 p.m., weekdays, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Al Ewing, Denali Commission; 510 L 
Street, Suite 410; Anchorage, AK 99501. Telephone: (907) 271-1414. E-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Introduced by Congress in 1998, the Denali Commission (Commission) 
is an innovative federal-state partnership designed to provide critical 
utilities, infrastructure, and economic support throughout Alaska. With 
the creation of the Commission, Congress acknowledged the need for 
increased inter-agency cooperation and focus on Alaska's remote 
communities. Since its first meeting in April 1999, the Commission is 
credited with providing numerous cost-shared infrastructure projects 
across the State that exemplify effective and efficient partnership 
between federal and state agencies, and the private sector.
    The National Environmental Policy Act (NEPA) and implementing 
regulations promulgated by the Council on Environmental Quality (CEQ) 
(40 CFR parts 1500-1508) establish a broad national policy to protect 
the quality of the human environment and to ensure that environmental 
considerations and associated public concerns are given careful 
attention and appropriate weight in all decisions of the federal 
government. Sections 102(2) of NEPA and 40 CFR 1505.1 and 1507.3 
require federal agencies to develop and, as needed, revise implementing 
procedures consistent with the CEQ regulations. The Denali Commission 
proposes the following as policy and procedures for complying with NEPA 
and CEQ regulations.
    Section 1508.4 of the CEQ regulations provides for categories of 
action that do not individually or cumulatively have significant 
effects on the human environment, and therefore, do not require the 
preparation of an environmental impact statement (EIS) or an 
environmental assessment (EA). In keeping with both the Congressional 
mandate of interagency cooperation and the CEQ's goals of eliminating 
duplication and reducing delay, per the CEQ suggestion, the Denali 
Commission examined existing categorical exclusions from other federal 
agencies to determine whether similar categorical

[[Page 48436]]

exclusions might be applicable to Denali Commission actions that are 
similar in nature, scope, intensity and effect. Attachment A to part 
900 contains a list of proposed categorical exclusions.

Request for Comment

    The Denali Commission encourages interested persons to submit 
written data and comments. Written comments should include the name, 
address, and contact information of the submitter and should be 
submitted to the address provided above. A stamped, self-addressed 
postcard or envelope should be submitted with comments for 
acknowledgement of receipt. The Denali Commission will consider all 
comments received during the comment period.

List of Subjects in 45 CFR Part 900

    Administrative practice and procedure, Environmental impact 
statements, Environmental protection.

    For the reasons stated in the preamble, the Denali Commission 
proposes to establish title 45 of the CFR, chapter IX, consisting of 
parts 900 through 999, and to add part 900 reading as follows:

CHAPTER IX--DENALI COMMISSION

PART 900--NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING PROCEDURES

Subpart A--General
Sec.
900.101 Purpose.
900.102 Environmental policy.
900.103 Terms and abbreviations.
900.104 Applicability.
900.105 Applicant responsibility.
900.106 Denali Commission responsibility.
900.107 Role of lead and cooperating agencies.
900.108 Public involvement.
Subpart B--Environmental Review Procedures
900.201 Environmental review process.
 900.202 Emergency actions and variance.
900.203 Determination of Federal actions.
900.204 Categorical exclusions.
900.205 Environmental assessment.
900.206 Environmental impact statement.
Subpart C--Environmental Assessments
900.301 Content.
900.302 Adoption and incorporation by reference.
900.303 Public involvement.
900.304 Actions resulting from assessment.
900.305 Findings of no significant impact.
900.306 Proposals normally requiring an EA.
Subpart D--Environmental Impact Statements
900.401 Notice of Intent and Scoping.
900.402 Preparation and filing of draft and final EISs.
900.403 Supplemental EIS.
900.404 Adoption.
900.405 Proposals normally requiring an EIS.

Appendix A to Part 900--Categorical Exclusions

    Authority: 42 U.S.C. 3121; 4321; 40 CFR parts 1500-1508.

Subpart A--General


Sec.  900.101  Purpose.

    This regulation (45 CFR part 900) prescribes the policies and 
procedures of the Denali Commission (Commission) for implementing the 
National Environmental Policy Act of 1969 (NEPA) as amended (42 U.S.C. 
4321-4347); the Council on Environmental Quality (CEQ) Regulations for 
Implementing the Procedural Provisions of NEPA (40 CFR parts 1500 
through 1508); and other related Federal environmental laws, statutes, 
regulations, and Executive Orders that apply to Commission programs and 
administrative actions. This part supplements, and is to be used in 
conjunction with, 40 CFR parts 1500 through 1508.


Sec.  900.102  Environmental policy.

    It is the policy of the Commission to:
    (a) Comply with the procedures and policies of NEPA and other 
related environmental laws, regulations, and orders applicable to 
Commission actions;
    (b) Provide guidance to applicants responsible for ensuring that 
proposals comply with all appropriate Commission requirements;
    (c) Integrate NEPA requirements and other planning and 
environmental review procedures required by law or Commission practice 
so that all such procedures run concurrently rather than consecutively;
    (d) Encourage and facilitate public involvement in Commission 
decisions that affect the quality of the environment;
    (e) Use the NEPA process to identify and assess reasonable 
alternatives to proposed Commission actions to avoid or minimize 
adverse effects upon the quality of the human environment;
    (f) Use all practicable means consistent with NEPA and other 
essential considerations of national policy to restore or enhance the 
quality of the human environment and avoid or minimize any possible 
adverse effects of the Commission's actions upon the quality of the 
human environment; and
    (g) Consider and give important weight to environmental factors, 
along with other societal needs, in developing proposals and making 
decisions in order to achieve a proper balance between the development 
and utilization of natural, cultural and human resources and the 
protection and enhancement of environmental quality (see NEPA section 
101 and 40 CFR 1508.14).


Sec.  900.103  Terms and abbreviations.

    (a) For the purposes of this part, the following definitions 
supplement the uniform terminology provided in 40 CFR part 1508.
    (1) Action. A project, program, plan, or policy, as discussed in 40 
CFR 1508.18, subject to the Commission's control and responsibility.
    (2) Applicant. The partner or organization applying for financial 
assistance or other approval.
    (3) Commission proposal (or proposal). A proposal, whether 
initiated by the Commission, another Federal agency, or an applicant, 
for any action that requires a Commission decision, as discussed at 40 
CFR 1508.23.
    (4) Federal Co-Chair. One of the seven members of the Commission, 
appointed by the Secretary of Commerce, as defined in the Denali 
Commission Act of 1998, 42 U.S.C. 3121.
    (b) The following abbreviations are used throughout this part:
    (1) CATEX--Categorical exclusions;
    (2) CEQ--Council on Environmental Quality;
    (3) EA--Environmental assessment;
    (4) EIS--Environmental impact statement;
    (5) FONSI--Finding of no significant impact;
    (6) NEPA--National Environmental Policy Act of 1969, as amended;
    (7) NOI--Notice of intent;
    (8) ROD--Record of decision.


Sec.  900.104  Applicability.

    The Denali Commission was created to deliver the services of the 
Federal government in the most cost-effective manner practicable. In 
order to reduce administrative and overhead costs, the Commission 
partners with Federal and State agencies and commonly depends on these 
agencies for project management. Consequently, the Commission generally 
relies on the expertise and processes already in use by partnering 
Federal and State agencies to prepare NEPA analysis and documents.


Sec.  900.105  Applicant responsibility.

    Applicants, under Commission direction (contact Chief of Staff at 
907-271-1414), shall generally assume the following responsibilities of 
environmental review:
    (a) Comply with the provisions of NEPA (42 U.S.C. 4321-4347), the 
CEQ

[[Page 48437]]

regulations (40 CFR parts 1500 through 1508), and the requirements set 
forth in this part;
    (b) Prepare and disseminate the applicable environmental 
documentation concurrent with a proposal's engineering, planning, and 
design;
    (c) Submit all environmental documents created pursuant to this 
part to the Commission for review and approval before public 
distribution;
    (d) Create and distribute public notices;
    (e) Coordinate public hearings and meetings as required;
    (f) Participate in all Commission-conducted hearings or meetings;
    (g) Consult with the Commission prior to obtaining the services of 
an environmental consultant; in the case that an environmental impact 
statement (EIS) is required, the consultant or contractor will be 
selected by the Commission;
    (h) Implement mitigation measures stated in environmental 
documents.


Sec.  900.106  Denali Commission responsibility.

    (a) The Denali Commission's Chief of Staff shall provide 
environmental guidance to the Commission's approving official and to 
the applicant;
    (b) The Commission's approving official shall provide guidance and 
oversight in the identification and development of required 
documentation;
    (c) The Commission's approving official shall make an independent 
evaluation of the environmental issues, take responsibility for the 
scope and content of the environmental document (EA or EIS), and make 
the environmental finding, where applicable.


Sec.  900.107  Role of lead and cooperating agencies.

    In accordance with Sec.  900.104, the Commission will defer lead 
agency role to other Federal agencies whenever appropriate in 
accordance with 40 CFR 1501.5, and the Commission will exercise its 
role as a cooperating agency in accordance with 40 CFR 1501.6.


Sec.  900.108  Public involvement.

    (a) Interested persons and the affected public shall be provided 
notice of the availability of environmental documents, NEPA-related 
hearings, and public meetings.
    (b) Applicants, when conducting the NEPA process, shall provide the 
opportunity for public participation and shall consider the public 
comments on the proposal as described in subparts C and D to this part.
    (c) Interested persons can obtain information or status reports on 
EISs and other elements of the NEPA process from the Commission's 
office at 510 L Street, Suite 410; Anchorage, Alaska 99501. Telephone: 
(907) 271-1414.

Subpart B--Environmental Review Procedures


Sec.  900.201  Environmental review process.

    (a) General. The environmental review process is the investigation 
of potential environmental impacts to determine the environmental 
process to be followed and to assist in the preparation of the 
environmental document.
    (b) Early coordination. Applicants will begin the environmental 
review process as soon as Denali Commission assistance is projected. 
Environmental issues shall be identified and considered early in the 
proposal planning process. Applicants shall use a systematic, 
interdisciplinary approach that includes community involvement and 
intergovernmental coordination to expand the potential sources of 
information and identify areas of concern. Environmental permits and 
other forms of approval, concurrence, or consultation may be required. 
The planning process shall include permitting and other review 
processes to ensure that necessary information will be collected and 
provided to permitting and reviewing agencies in a timely manner.


Sec.  900.202  Emergency actions and variance.

    (a) Emergency actions requiring EISs. The Commission may take an 
action without observing all provisions of this part or the CEQ 
Regulations (40 CFR parts 1500 through 1508), in accordance with 40 CFR 
1506.11, in emergency situations that demand immediate action and 
require preparation of an EIS. The Commission shall notify the CEQ as 
early as possible when it is considering such action. The Commission 
shall document emergency actions and identify impacts from the actions 
taken, as well as further mitigation necessary. Further analyses and 
documentation may be required.
    (b) Emergency actions requiring EAs. In emergency situations that 
demand immediate action and require preparation of an environmental 
assessment (EA), any variance from the requirements of this part (45 
CFR part 900) must be based on the interests of national security or 
public health, safety, or welfare. Emergency actions must have the 
advance written approval of the Federal Co-Chair or his/her designee. 
The Commission shall publish a notice in the Federal Register 
specifying the variance granted and its basis. Under no circumstances 
is the Federal Co-Chair or his/her designee authorized to waive or 
grant a variance from any requirement of the CEQ Regulations, except as 
provided for in those regulations.
    (c) Reduction of time periods. In the interests of national 
security or the public health, safety, or welfare, the Commission may 
reduce any time periods that are not required by the CEQ Regulations. 
The Commission shall publish a notice in the Federal Register and 
notify interested parties (see 40 CFR 1506.6) specifying the revised 
time periods and the rationale for the reduction.


Sec.  900.203  Determination of Federal actions.

    (a) The Commission shall determine, under the procedures detailed 
in the CEQ Regulations (40 CFR parts 1500 through 1508) and this part, 
whether any Commission proposal:
    (1) Is statutorily exempt from a portion or all of the NEPA 
process;
    (2) Is categorically excluded from preparation of either an EIS or 
an EA;
    (3) Requires preparation of an EA; or
    (4) Requires preparation of an EIS.
    (b) Notwithstanding any other provision of this part, the 
Commission may prepare a NEPA document for any Commission action at any 
time in order to further the purposes of NEPA. This NEPA document may 
be done to analyze the consequences of ongoing activities, to support 
Commission planning, to assess the need for mitigation, to disclose 
fully the potential environmental consequences of Commission actions, 
or for any other reason. Documents prepared under this paragraph shall 
be prepared in the same manner as Commission documents prepared under 
paragraph (a) of this section.


Sec.  900.204  Categorical exclusions.

    (a) General. A categorical exclusion (CATEX) is defined by 40 CFR 
1508.4 as an action having no significant individual or cumulative 
effect on the human environment and, for which in the absence of 
extraordinary circumstances or sensitive resources, neither an EA nor 
an EIS is required. Actions consistent with any of the categories 
listed in section A of appendix A of this part are eligible for 
categorical exclusion and no documentation is required. All other 
activities, as listed in section B of appendix A, require satisfactory 
completion of a CATEX checklist.

[[Page 48438]]

    (b) Organization. All CATEXs may be applied by any organizational 
element of the Commission. The sectional divisions in Appendix A of 
this part are solely for purposes of organization of that appendix and 
are not intended to be limiting.
    (c) Extraordinary circumstances. Any action that normally would be 
classified as a CATEX but could involve extraordinary circumstances 
will require appropriate environmental review to determine if the CATEX 
classification is proper. Extraordinary circumstances to be considered 
include those likely to:
    (1) Have a reasonable likelihood of significant impacts on public 
health, public safety, or the environment;
    (2) Have effects on the environment that are likely to be highly 
controversial or involve unresolved conflicts concerning alternative 
uses of available resources;
    (3) Have possible effects on the human environment that are highly 
uncertain, involve unique or unknown risks, or are scientifically 
controversial;
    (4) Establish a precedent for future action or represent a decision 
in principle about future actions with potentially significant 
environmental effects;
    (5) Relate to other actions with individually insignificant but 
cumulatively significant environmental effects;
    (6) Have a greater scope or size than is normal for the category of 
action;
    (7) Have the potential to degrade already existing poor 
environmental conditions or to initiate a degrading influence, 
activity, or effect in areas not already significantly modified from 
their natural condition;
    (8) Have a disproportionately high and adverse effect on low income 
or minority populations; or
    (9) Limit access to and ceremonial use of Indian sacred sites on 
Federal lands by Indian religious practitioners or adversely affect the 
physical integrity of such sacred sites.
    (d) Sensitive resources. A proposal that adversely affects 
environmentally sensitive resources may not be categorically excluded 
unless the impact has previously been resolved through another 
environmental process, such as coordination or consultation under the 
Coastal Zone Management Act or National Historic Preservation Act. 
Environmentally sensitive resources to be considered include the 
following:
    (1) Properties listed, or eligible for listing, in the National 
Register of Historic Places;
    (2) Species listed, or proposed to be listed, on the List of 
Endangered or Threatened Species, or their habitat; or
    (3) Natural resources and unique geographic characteristics such as 
historic or cultural resources; park, recreation or refuge lands; 
wilderness areas; wild or scenic rivers; national natural landmarks; 
sole or principal drinking water aquifers; prime farmlands; wetlands; 
floodplains; national monuments; and other ecologically significant or 
critical areas.


Sec.  900.205  Environmental assessment.

    (a) An EA is required for all proposals, except those exempt or 
categorically excluded under this part, and those requiring or 
determined to require an EIS. EAs provide sufficient evidence and 
analysis to determine whether to prepare an EIS or a finding of no 
significant impact (FONSI).
    (b) In addition, an EA may be prepared on any action at any time in 
order to assist in planning and decisionmaking, to aid in the 
Commission's compliance with NEPA when no EIS is necessary, or to 
facilitate EIS preparation.
    (c) EAs shall be prepared in accordance with subpart C of this part 
and shall contain analyses to support conclusions regarding 
environmental impacts.


Sec.  900.206  Environmental impact statement.

    An EIS is required when the project is determined to have a 
potentially significant impact on the human environment. EISs shall be 
prepared in accordance with subpart D of this part.

Subpart C--Environmental Assessments


Sec.  900.301  Content.

    (a) An EA must include brief discussions of the need for the 
proposal; of alternatives to the proposal as required by NEPA section 
102(2)(E); and of the environmental impacts of the proposal and 
alternatives. The EA must also include a listing of agencies and 
persons consulted.
    (b) An EA may describe a broad range of alternatives and proposed 
mitigation measures to facilitate planning and decisionmaking.
    (c) The EA should also document compliance, to the extent possible, 
with all applicable environmental laws and Executive Orders, or provide 
reasonable assurance that those requirements can be met.
    (d) The level of detail and depth of impact analysis will normally 
be limited to the minimum needed to determine the significance of 
potential environmental effects.


Sec.  900.302  Adoption and incorporation by reference.

    (a) An environmental document prepared for a proposal before the 
Commission by another agency, entity, or person (including an 
applicant) may be adopted as an EA if, upon independent evaluation by 
the responsible Commission official, it is found to comply with this 
part and relevant provisions of 40 CFR parts 1500 through 1508.
    (b) A responsible official may use an environmental document that, 
upon independent evaluation, is found not to comply with the 
requirements of an EA, if the responsible official incorporates the 
document by reference in accordance with 40 CFR 1502.21 and augments it 
as necessary to meet the requirements of an EA or an EIS.
    (c) If such an EA is adopted or incorporated by reference, the 
responsible Commission official shall prepare a notice of availability 
and proposed FONSI; or, if the EA results in the decision to do an EIS, 
the responsible Commission official shall prepare a notice of intent 
(NOI). In either case, the FONSI or NOI shall acknowledge the origin of 
the EA and take full responsibility for its scope and content.


Sec.  900.303  Public involvement.

     The public must be provided notice of the availability of EAs in 
accordance with 40 CFR 1506.6. Commission approval is required before 
an EA is made available to the public and the notice of availability is 
published. The applicant is responsible for making the EA available for 
public inspection and sending an EA notice of availability to the 
affected units of Alaska Native/American Indian tribal organizations, 
and Federal, State and local government. Final Commission action will 
be taken after public comments are reviewed and considered.


Sec.  900.304  Actions resulting from assessment.

    (a) Accepted without modification. A proposal may be accepted 
without modifications if the EA indicates that the proposal does not 
have significant environmental impacts and a FONSI is prepared.
    (b) Accepted with modification. If an EA identifies potentially 
significant environmental impacts, the proposal may be modified to 
eliminate such impacts. Proposals so modified may be accepted if the 
proposed changes are evaluated in an EA and a FONSI is

[[Page 48439]]

prepared. The FONSI shall list any mitigation measures necessary to 
make the recommended alternative environmentally acceptable and 
describe applicable monitoring and enforcement measures intended to 
ensure the implementation of the mitigation measures.
    (c) Rejected. A proposal should be rejected if significant and 
unavoidable adverse environmental impacts would still exist after 
modifications have been made to the proposal and an EIS is not 
prepared.
    (d) Prepare an EIS. A proposal shall require an EIS, prepared in 
accordance with subpart D to this part, if the EA indicates significant 
environmental impacts.


Sec.  900.305  Findings of no significant impact.

    (a) Definition. Finding of no significant impact means a document 
by the Commission briefly presenting the reasons why an action, not 
otherwise excluded as provided in subpart B of this part, will not have 
a significant impact on the human environment and for which an EIS will 
not be prepared.
    (b) Applicant responsibility. The applicant shall furnish the 
Commission with a copy of the EA; the public hearing summary or 
minutes, where applicable; and copies of any written comments received 
and responses thereto. In addition, the applicant shall recommend the 
Commission prepare a FONSI.
    (c) Content. A FONSI shall include the EA or a summary of it and 
shall note any other environmental documents related to it (40 CFR 
1501.7(a)(5)). If the assessment is included, the finding need not 
repeat any of the discussion in the assessment but may incorporate it 
by reference.
    (d) Public involvement. The Commission shall make the FONSI 
available to the public and to the affected units of Alaska Native/
American Indian tribal organizations, and Federal, State and local 
government as specified in 40 CFR 1506.6.
    (e) Special circumstances. The FONSI notice of availability will be 
made available for 30 days in cases described in 40 CFR 1501.4(e)(2).


Sec.  900.306  Proposals normally requiring an EA.

    Proposals that normally require preparation of an EA include the 
following:
    (a) Initial field demonstration of a new technology;
    (b) Field trials of a new product or new uses of an existing 
technology;
    (c) Alteration of a sensitive resource, as defined in Sec.  
900.204(d), by physical, chemical or biological means.

Subpart D--Environmental Impact Statements


Sec.  900.401  Notice of Intent and Scoping.

    (a) The Commission shall publish a NOI, as described in 40 CFR 
1508.22, in the Federal Register as soon as practicable after a 
decision is made to prepare an EIS, in accordance with 40 CFR 1501.7. 
If there will be a lengthy period of time between the Commission's 
decision to prepare an EIS and its actual preparation, the Commission 
may defer publication of the NOI until a reasonable time before 
preparing the EIS, provided that the Commission allows a reasonable 
opportunity for interested parties to participate in the EIS process. 
Through the NOI, the Commission shall invite comments and suggestions 
on the scope of the EIS.
    (b) Publication of the NOI in the Federal Register shall begin the 
public scoping process. The public scoping process for a Commission EIS 
shall allow a minimum of 30 days for the receipt of public comments.


Sec.  900.402  Preparation and filing of draft and final EISs.

    (a) General. Except for proposals for legislation as provided for 
in 40 CFR 1506.8, EISs shall be prepared in two stages and may be 
supplemented.
    (b) Format. The EIS format recommended by 40 CFR 1502.10 shall be 
used unless a determination is made on a particular project that there 
is a compelling reason to do otherwise. In such a case, the EIS format 
must meet the minimum requirements prescribed in 40 CFR 1502.10.
    (c) Applicant & Commission responsibility. The draft or final EIS 
shall be prepared by the Commission in cooperation with the applicant 
or, where permitted by law, by the applicant with appropriate guidance 
from the Commission.
    (d) Third-party consultants. A third-party consultant selected by 
the Commission or in cooperation with a cooperating agency may prepare 
the draft or final EIS. The Commission shall provide guidance, 
participate in its preparation, independently evaluate, and take 
responsibility for the draft or final EIS.
    (e) Filing. After a draft or final EIS has been prepared, the 
Commission and applicant shall concurrently file the draft or final EIS 
with the Environmental Protection Agency (EPA). The EPA will publish a 
notice of availability in accordance with 40 CFR 1506.9 and 1506.10.
    (f) Draft to final EIS. When a final EIS does not require 
substantial changes from the draft EIS, the Commission may document 
required changes in errata sheets, insertion pages, and revised 
sections. The Commission will then circulate such changes together with 
comments on the draft EIS, responses to comments, and other appropriate 
information as its final EIS. The Commission will not circulate the 
draft EIS again; however, the Commission will provide the draft EIS if 
requested.
    (g) ROD. A record of decision (ROD) will be prepared in accordance 
with 40 CFR 1505.2.


Sec.  900.403  Supplemental EIS.

    (a) Supplements to either draft or final EISs shall be prepared, as 
prescribed in 40 CFR 1502.9, when substantial changes are proposed in a 
project that are relevant to environmental concerns; or when there are 
significant new circumstances or information relevant to environmental 
concerns and bearing on the proposed action or its impacts.
    (b) Where action remains to be taken and the EIS is more than a 
year old, the Commission will review the EIS to determine whether it is 
adequate or requires supplementation.
    (c) The Commission and applicant shall prepare, circulate and file 
a supplement to an EIS in the same fashion (exclusive of scoping) as a 
draft and final EIS. In addition, the supplement and accompanying 
administrative record shall be included in the administrative record 
for the proposal.
    (d) An NOI to prepare a supplement to a final EIS will be published 
in those cases where a ROD has already been issued.


Sec.  900.404  Adoption.

    (a) The Commission may adopt a federal draft or final EIS.
    (b) If the actions covered by the original EIS and the proposal are 
substantially the same, the Commission shall recirculate it as a final 
statement. Otherwise, the Commission shall treat the statement as a 
draft and recirculate it.
    (c) Where the Commission is a cooperating agency, it may adopt the 
EIS of the lead agency without recirculating it when, after an 
independent review of the EIS, the Commission concludes that its 
comments and suggestions have been satisfied.

[[Page 48440]]

Sec.  900.405  Proposals normally requiring an EIS.

    The responsible official shall assure that an EIS will be prepared 
and issued for proposals when it is determined that any of the 
following conditions exist:
    (a) The proposal may significantly affect the pattern and type of 
land use (industrial, commercial, agricultural, recreational, 
residential) or the growth and distribution of population;
    (b) The effects resulting from any structure or facility 
constructed or operated under the proposal may conflict with local, 
regional or State land use plans or policies;
    (c) The proposal may have significant adverse effects on wetlands, 
including indirect and cumulative effects, or any major part of a 
structure or facility constructed or operated under the proposal may be 
located in wetlands;
    (d) The proposal may likely adversely affect species protected 
under the Endangered Species Act or their habitats, such as when a 
structure or a facility constructed or operated under the proposal may 
be located in the habitat;
    (e) Implementation of the proposal may directly cause or induce 
changes that significantly:
    (1) Displace population;
    (2) Alter the character of existing residential areas;
    (3) Adversely affect a floodplain.

Appendix A to Part 900--Categorical Exclusions

A. General Categorical Exclusions

    Actions consistent with any of the following categories are 
eligible for a categorical exclusion:
    A1. Routine administrative and management activities including, 
but not limited to, those activities related to budgeting, finance, 
personnel actions, procurement activities, compliance with 
applicable executive orders and procedures for sustainable or 
``greened'' procurement, retaining legal counsel, public affairs 
activities (e.g., issuing press releases, newsletters and notices of 
funding availability), internal and external program evaluation and 
monitoring (e.g., site visits), database development and 
maintenance, and computer systems administration.
    A2. Routine activities that the Commission does to support its 
program partners and stakeholders, such as serving on task forces, 
ad hoc committees or representing Commission interests in other 
forums.
    A3. Approving and issuing grants for administrative overhead 
support.
    A4. Approving and issuing grants for social services, education 
and training programs, including but not limited to support for Head 
Start, senior citizen programs, drug treatment programs, and funding 
internships, except for projects involving construction, renovation, 
or changes in land use.
    A5. Approving and issuing grants for facility planning and 
design.
    A6. Nondestructive data collection, inventory, study, research, 
and monitoring activities (e.g., field, aerial and satellite 
surveying and mapping).
    A7. Research, planning grants and technical assistance projects 
that are not reasonably expected to commit the Federal government to 
a course of action, to result in legislative proposals, or to result 
in direct development.

B. Program Categorical Exclusions

    Actions consistent with any of the following categories are 
eligible for a categorical exclusion upon completion of the Denali 
Commission categorical exclusion checklist:
    B1. Acquisition and installation of equipment including, but not 
limited to, EMS, emergency and non-expendable medical equipment 
(e.g., digital imaging devices and dental equipment) and 
communications equipment (e.g., computer upgrades) provided all 
requirements for permits, registrations, and licenses are met and 
provided the equipment involves use of generally accepted 
technology.
    B2. Routine upgrade, repair, maintenance, replacement or minor 
renovations, and additions to buildings, roads, airfields, grounds, 
equipment, and other facilities including, but not limited to, roof 
replacement, foundation repair, ADA access ramp and door 
improvements, HVAC renovations, painting, floor system replacement, 
repaving parking lots and ground maintenance that do not result in a 
change in the functional use of the real property.
    B3. Engineering studies and investigations, including soil 
boring and test well drilling, to gather data for the purpose of 
determining engineering feasibility and permitting facility design.
    B4. Construction or lease of new facilities including, but not 
limited to, portable facilities, trailers, health care facilities, 
bulk commodity storage and power generation facilities where such 
lease or construction:
    (a) Is at the site of an existing facility and the facility 
capacity is not substantially increased;
    (b) Is for buildings of less than 12,000 square feet of useable 
space when less than five acres of surface land area are involved at 
a new site; or
    (c) Is for projects other than buildings when one of the 
following conditions exist:
    1. The project lies within existing boundaries of a previously 
disturbed site;
    2. Less than two acres of surface land area involving known 
high-value wetlands are involved at a new site; or
    3. Less than five acres of surface land area not involving high-
value wetlands are involved at a new site.
    B5. Actions associated with construction of sanitation 
facilities to serve rural homes and communities with the exception 
of the following actions: (a) Construction of a sanitary landfill at 
a new solid waste disposal site, and (b) Construction of a new 
wastewater treatment facility with direct discharge of treated 
sewage to surface waters.
    B6. Construction of electric power stations (including switching 
stations and support facilities) with power delivery at 480 kV or 
below, modification (other than voltage increases) of existing 
stations and support facilities that could involve the construction 
of electric powerlines approximately ten miles in length or less, or 
relocation of existing electric powerlines approximately twenty 
miles in length or less, but not the integration of major new 
generation resources into a main transmission system.
    B7. Construction of electric powerlines approximately ten miles 
in length or less that are not intended to integrate major new 
generation resources into a main transmission system.
    B8. Reconstruction (upgrading or rebuilding) and/or minor 
relocation of existing electric powerlines approximately twenty 
miles in length or less to enhance environmental and land use 
values. Such actions include relocations to avoid right-of-way 
encroachments, resolve conflict with property development, 
accommodate road/highway construction, allow for the construction of 
facilities such as canals and pipelines, or reduce existing impacts 
to environmentally sensitive areas.

    Dated: July 29, 2004.
Jeffrey B. Staser,
Federal Co-Chair.

[FR Doc. 04-18100 Filed 8-9-04; 8:45 am]
BILLING CODE 3300-01-P