[Federal Register Volume 71, Number 16 (Wednesday, January 25, 2006)]
[Notices]
[Pages 4159-4167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-775]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[516 DM 11]


National Environmental Policy Act Revised Implementing Procedures

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed revision to the Bureau of Land Management's 
(BLM) procedures for Chapter 11 of the Department of the Interior's 
Manual 516 DM--Managing the NEPA Process.

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SUMMARY: This notice announces the intent to revise the BLM policies 
and procedures for compliance with the National Environmental Policy 
Act (NEPA), as amended, Executive Order 11514, as amended, Executive 
Order 12114, and the Council on Environmental Quality's Regulations. 
When adopted, these procedures will be published in Part 516, Chapter 
11, of the Departmental Manual (DM) and will be added to the Department 
of the Interior's (DOI) Electronic Library of Interior Policies 
(ELIPS). ELIPS is located at: http://elips.doi.gov. The public can 
review the proposed Categorical Exclusion (CX) Analysis Reports on the 
Department of the Interior's Web site at http://www.doi.gov/oepcc or at 
the Bureau of Land Management's Web site at http://www.blm.gov/planning.
    The BLM procedures were last updated May 19, 1992. The proposed 
revisions are necessary to update these procedures. BLM's current 
procedures can be found at: http://elips.doi.gov/app_DM/act_getfiles.cfm?nelnum=3621. The public is asked to review and comment on 
the proposed changes in Chapter 11 of the manual, including the newly 
proposed categorical exclusions (CXs).

DATES: Comments must be postmarked no later than 30 days following 
publication of this notice in the Federal Register.

ADDRESSES: Comments should be mailed to: Content Analysis Team, BLM 
Categorical Exclusions, Post Office Box 22777, Salt Lake City, Utah, 
84122-0777, or fax (801) 517-1014 or e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Deb Rawhouser, Group Manager, Planning 
and Science Support at (202) 452-0354.

SUPPLEMENTARY INFORMATION: These procedures, which were formerly listed 
as 516 DM 6 Apppendix 5 (Currently 516 DM 11) address policy as well as 
procedure in order to assure compliance with the spirit and intent of 
NEPA. The proposed procedures update BLM's general NEPA process to 
incorporate changes in responsibilities, clarify requirements for 
public participation, identify the appropriate level of NEPA compliance 
for various types of actions, and incorporate new Departmental 
requirements. Following the supplementary information is the draft text 
of Chapter 11, which contains the revised procedures. Analysis Reports 
associated with the proposed CXs will be posted at: http://www.doi.gov/oepc and www.blm.gov/planning.
    The following is an overview of the all the proposed changes to 
Chapter 11.
     Section 11.1--Purpose is a new section that defines the 
reason for this Chapter and also mentions BLM's NEPA handbook for 
additional guidance;
     Section 11.2--NEPA Responsibility has no major changes;

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     Section 11.3 B--Guidance to Applicants has a minor 
addition of one new regulation (Wilderness Management 43 CFR 6300) to 
provide guidance to applicants to better understand wilderness policy;
     Section 11.4--General Requirements is a new section and 
addresses general requirements for quality of NEPA documents;
     Section 11.5--Plan Performance is a new section that 
provides guidance to ensure plan conformance;
     Section 11.6--Use of Existing Documentation (Determination 
of NEPA Adequacy) is a new section that is used to determine if an 
existing NEPA document can be properly relied on and to document that 
BLM took the ``hard look'' at whether new circumstances, new 
information, or environmental impacts not previously anticipated or 
analyzed warrant new analysis or supplementation of existing NEPA 
documents;
     Section 11.7--Actions Typically Requiring an Environmental 
Assessment (EA) is a new section and provides guidance to responsible 
officials who are uncertain of the potential for significant impact of 
the proposed action and to determine if further analysis is needed to 
make the determination;
     Section 11.8--Major Actions Normally Requiring an 
Environmental Impact Statement (EIS) brings together in one document 
the BLM's guidance to responsible officials who must evaluate and 
analyze proposals and make decisions on resources; and
     Section 11.9--Categorical Exclusions are needed to add 
certain routine BLM actions to the list of categories of actions that 
do not individually or cumulatively have a significant impact on the 
environment.
    The following are summaries of changes being made by category to 
CXs listed in the 1992 Manual. These changes include proposed new, 
modified or renumbered CXs (Section 11.9):
    A. Fish and Wildlife--No proposed changes to this category. The 
public is not asked to comment.
    B. Oil, Gas, and Geothermal Energy (formerly Fluid Minerals)--The 
title of this section is changed from Fluid Minerals to accurately 
encompass geothermal energy in addition to oil and gas. The public is 
asked to comment on the proposed CXs numbered B (6)-(8). The three new 
CXs are proposed to be added to the existing five CXs. One of the three 
CXs is for geophysical exploration. Two of the three proposed CXs are 
for geothermal energy actions and are applicable to Nevada only.
    The geophysical CX is proposed after reviewing numerous EA analyses 
that resulted in Findings of No Significant Impact for these types of 
action over time and over different geographic areas. The two 
geothermal CXs are being proposed after reviewing several EA analyses. 
The data set for the geothermal CXs is limited because geothermal 
activities became dormant during the 1990's when oil and gas production 
was prevalent and supplies were abundant. For both geophysical 
exploration and geothermal activities, the actions do not individually 
or cumulatively have significant impacts on the human environment and 
do not require additional environmental analysis.
    C. Forestry. Four new CXs are proposed to be added to the existing 
five CXs. The public is asked to comment on the proposed CXs numbered C 
(6)-(9). Proposed CX number (6) is proposed after conducting numerous 
EA analyses that resulted in Findings of No Significant Impact for 
these types of action over time and over different geographic areas. 
These actions do not individually or cumulatively have significant 
impacts on the human environment and do not require additional 
environmental analysis. Proposed CXs (7)-(9) are identical to existing 
USDA Forest Service CXs. After discussions with USDA Forest Service, 
and review and analysis of the data used to substantiate their CXs, it 
has been determined that it is appropriate for BLM to propose the same 
CXs. This is due to the similarity in locale, cover type, scope, and 
intensity of BLM's Forestry actions.
    D. Rangeland Management. The public is asked to comment on three 
proposed CXs numbered D (10)-(12). The CXs are proposed after reviewing 
numerous EA analyses that resulted in Findings of No Significant Impact 
for these types of routine actions over time and over different 
geographic areas. These actions do not individually or cumulatively 
have significant impacts on the human environment and do not require 
additional environmental analysis. One of the CXs pertains to 
vegetation management and cover actions, and is limited in scope and 
duration. The other two CXs cover renewal of grazing permits and 
issuance of temporary non-renewable grazing permits. The proposed CXs 
specify that where a land health assessment and evaluation determines 
that grazing is a contributing factor to the failure of land health 
standards, the proposed CXs would not be used.
    E. Realty. There are no proposed CXs for this category. However, 
the CX numbered E (16) was slightly modified to clarify purposes for 
acquiring temporary access easements. The public is asked to comment on 
the modification of this CX.
    F. Solid Minerals. No proposed changes to this category. The public 
is not asked to comment.
    G. Transportation. The title of this category is changed from 
Transportation Signs to Transportation. There are no proposed CXs for 
this category. However, three existing CXs numbered G (1)-(3) were 
modified by adding the words ``and trails'' after ``existing roads''. 
This is because the environmental impact of these actions on or along 
trails is not any greater than on or along ``existing roads''. The 
public is asked to comment on the modification of these CXs.
    H. Recreation Management. This is a new category added to allow for 
the incorporation of recreation CXs. The existing Recreation CX found 
under category ``J--Other (5)'' is being moved to the new category. The 
CX is proposed to be modified and the public is asked to comment on 
this modified CX numbered H (1).
    I. Emergency Stabilization. This is a new category covering 
stabilization activities following natural disasters, not to exceed 
4,200 acres, (such as seeding or planting, fence construction, culvert 
repair, installation of erosion control devices, repair of roads and 
trails, stabilization of cultural heritage sites, and repair or 
replacement of minor facilities damaged that are essential to public 
health and safety) which are necessary to prevent degradation of land 
or resources. The CX is proposed after conducting numerous EA analyses 
that resulted in Findings of No Significant Impact for these types of 
action over time and over different geographic areas. These actions do 
not individually or cumulatively have significant impacts on the human 
environment and do not require additional environmental analysis. The 
public is asked to comment on the CX numbered I (1).
    J. Other. There are no new CXs for this category. One CX from this 
category, J (5), was moved to the Recreation Management category. The 
number (5) CX slot is now reserved. The public is not asked to comment.
    The remaining sections of SUPPLEMENTARY INFORMATION provides an 
overview of the proposed changes, and background and procedural 
requirements.
    Background: The final revised procedures for the Department were 
published in the Federal Register on March 8, 2004 (Volume 69, Number 
45). These procedures address policy as well

[[Page 4161]]

as procedure in order to assure compliance with the spirit and intent 
of NEPA. The procedures for the Department's bureaus are published as 
chapters to this DM part. Chapter 11 of the Department's Manual covers 
the BLM's procedures.
    Procedural Requirements: The following list of procedural 
requirements has been assembled and addressed to contribute to this 
open review process. Today's publication is a notice of draft, internal 
Departmental action and not a rulemaking. However, we have addressed 
the various procedural requirements that are generally applicable to 
proposed and final rulemaking to show how they would affect this notice 
if it were a rulemaking.

Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) it has 
been determined that this action is the implementation of policy and 
procedures applicable only to the Department of the Interior and not a 
significant regulatory action. These policies and procedures would not 
impose a compliance burden on the general economy.

Administrative Procedures Act

    This document is not subject to prior notice and opportunity to 
comment because it is a general statement of policy and procedure [(5 
U.S.C. 553(b)(A)]. However, notice and opportunity to comment is 
required by the CEQ Regulations [40 CFR 1507.3(a)].

Regulatory Flexibility Act

    This document is not subject to notice and comment under the 
Administrative Procedures Act, and, therefore, is not subject to the 
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.). This document provides the Department with policy and 
procedures under NEPA and does not compel any other party to conduct 
any action.

Small Business Regulatory Enforcement Fairness Act

    These policies and procedures do not comprise a major rule under 5 
U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. 
The document will not have an annual effect on the economy of $100 
million or more and is expected to have no significant economic 
impacts. Further, it will not cause a major increase in costs or prices 
for consumers, individual industries, Federal, State, or local 
government agencies, or geographic regions and will [[Page 52596]] 
impose no additional regulatory restraints in addition to those already 
in operation. Finally, the document does not have significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or the ability of United States based enterprises to 
compete with foreign based enterprises.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501, 
et seq.), this document will not significantly or uniquely affect small 
governments. A Small Government Agency Plan is not required. The 
document does not require any additional management responsibilities. 
Further, this document will not produce a Federal mandate of $100 
million or greater in any year, that is, it is not a significant 
regulatory action under the Unfunded Mandates Reform Act. These 
policies and procedures are not expected to have significant economic 
impacts nor will they impose any unfunded mandates on other Federal, 
State, or local government agencies to carry out specific activities.

Federalism

    In accordance with Executive Order 13132, this document does not 
have significant Federalism effects; and, therefore, a Federalism 
assessment is not required. The policies and procedures will not have 
substantial direct effects on the States, on the relationship between 
the Federal government and the States, or on the distribution of power 
and responsibilities among the various levels of government. No 
intrusion on State policy or administration is expected, roles or 
responsibilities of Federal or State governments will not change, and 
fiscal capacity will not be substantially, directly affected. 
Therefore, the document does not have significant effects or 
implications on Federalism.

Paperwork Reduction Act

    This document does not require information collection as defined 
under the Paperwork Reduction Act. Therefore, this document does not 
constitute a new information collection system requiring Office of 
Management and Budget (OMB) approval under the Paperwork Reduction Act 
(44 U.S.C. 3501 et seq.).

National Environmental Policy Act

    The Council on Environmental Quality does not direct agencies to 
prepare a NEPA analysis or document before establishing agency 
procedures that supplement the CEQ regulations for implementing NEPA. 
Agency NEPA procedures are internal procedural guidance to assist 
agencies in the fulfillment of agency responsibilities under NEPA, but 
are not the agency's final determination of what level of NEPA analysis 
is required for a particular proposed action. The requirements for 
establishing agency NEPA procedures are set forth at 40 CFR 1505.1 and 
1507.3. The determination that establishing categorical exclusions does 
not require NEPA analysis and documentation has been upheld in 
Heartwood, Inc. v. U.S. Forest Service, 73 F. Supp. 2d 962, 972-73 
(S.D. III. 1999), aff'd 230 F.3d 947. 954-55 (7th Cir. 2000).

Essential Fish Habitat

    We have analyzed this document in accordance with section 305(b) of 
the Magnuson-Stevens Fishery Conservation and Management Act and 
determined that issuance of this document will not affect the essential 
fish habitat of federally managed species; and, therefore, an essential 
fish habitat consultation on this document is not required.

Consultation and Coordination With Indian Tribal Governments

    In accordance with Executive Order 13175 of November 6, 2000, and 
512 DM 2, we have assessed this document's impact on Tribal trust 
resources and have determined that it does not directly affect Tribal 
resources since it describes the Department's procedures for its 
compliance with NEPA.

Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use

    Executive Order 13211 of May 18, 2001, requires a Statement of 
Energy Effects for significant energy actions. Significant energy 
actions are actions normally published in the Federal Register that 
lead to the promulgation of a final rule or regulation and may have any 
adverse effects on energy supply, distribution, or use. We have 
explained above that this document is an internal Departmental Manual 
part which only affects how the Department conducts its business under 
the National Environmental Policy Act. Revising this manual part does 
not constitute rulemaking and, therefore, not subject to Executive 
Order 13211.

Actions To Expedite Energy-Related Projects

    Executive Order 13212 of May 18, 2001, requires agencies to 
expedite energy-related projects by streamlining internal processes 
while maintaining safety, public health, and environmental

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protections. Today's publication is in conformance with this 
requirement as it promotes existing process streamlining requirements 
and revises the text to emphasize this concept (see Chapter 4, subpart 
4.16).

Government Actions and Interference With Constitutionally Protected 
Property Rights

    In accordance with Executive Order 12630 (March 15, 1988) and Part 
318 of the Departmental Manual, the Department has reviewed today's 
notice to determine whether it would interfere with constitutionally 
protected property rights. Again, we believe that as internal 
instructions to bureaus on the implementation of the National 
Environmental Policy Act, this publication would not cause such 
interference.

    Authority: NEPA, the National Environmental Quality Improvement 
Act of 1970, as amended (42 U.S.C. 4371 et seq.); E.O. 11514, March 
5, 1970, as amended by E.O. 11991, May 24, 1977; and CEQ Regulations 
40 CFR 1507.3.

Willie R. Taylor,
Director, Office of Environmental Policy and Compliance.

Department of the Interior

Departmental Manual

    Effective Date: May 3, 2005.
    Series: Environmental Quality.
    Part 516: National Environmental Policy Act of 1969.
    Chapter 11: Managing the NEPA Process--Bureau of Land Management.
    Originating Office: Office of Environmental Policy and Compliance.

516 DM 11

11.1. Purpose

    This Chapter provides supplementary requirements for implementing 
provisions of 516 DM 1 through 6 for the Department of the Interior's 
Bureau of Land Management (BLM). The BLM's National Environmental 
Policy Act (NEPA) Handbook (H-1790-1) will provide additional guidance.

11.2. NEPA Responsibility

    A. The Director and Deputy Director(s) are responsible for National 
Environmental Policy Act (NEPA) compliance for BLM activities.
    B. The Assistant Director, Renewable Resources and Planning, is 
responsible for policy interpretation, program direction, leadership, 
and line management for BLM environmental policy, coordination and 
procedures. The Planning, Assessment and Community Support Group, which 
reports to the Assistant Director, Renewable Resources and Planning, 
has bureau-wide environmental compliance responsibilities. These 
responsibilities include program direction for environmental compliance 
and ensuring the incorporation and integration of the NEPA compliance 
process into BLM environmental documents.
    C. The Director, National Landscape Conservation System; other 
Assistant Directors for Minerals, Realty, and Resource Protection; 
Information Resources Management; Communications; are responsible for 
cooperating with the Assistant Director, Renewable Resources and 
Planning to ensure that the environmental compliance process operates 
as prescribed within their areas of responsibility.
    D. The Center Directors for the Office of Fire and Aviation and for 
the National Science and Technology are also responsible for 
cooperating with the Assistant Director, Renewable Resources and 
Planning to ensure that the environmental compliance process operates 
as prescribed within their areas of responsibility.
    E. The State Directors are responsible to the Director/Deputy 
Director(s) for overall direction and integration of the NEPA process 
into their activities and for NEPA compliance in their States. This 
includes managing and ensuring the quality of public notification and 
participation, environmental analyses, assigned environmental 
documents, and decision documents. Deputy State Directors in each State 
office (the title varies from state to state) provides the major staff 
support and are the key focal points for NEPA matters at the State 
level.
    (1) The Field Office Managers are responsible for implementing the 
NEPA process at the local level.

11.3. Guidance to Applicants

A. General
    (1) For all external proposals, applicants should make initial 
contact with the line manager (District Manager, Field Manager, or 
State Director) of the office where the affected public lands are 
located.
    (2) If the application will affect responsibilities of more then 
one State Director, an applicant may contact any State Director whose 
jurisdiction is involved. In such cases, the Director may assign 
responsibility to the Headquarters Office or to one of the State 
offices. From that point the applicant will deal with the designated 
lead office.
    (3) Potential applicants may secure from State Directors a list of 
program regulations or other directives/guidance providing advice or 
requirements for submission of environmental information. The purpose 
of making these regulations known to potential applicants, in advance, 
is to assist them in presenting a detailed, adequate and accurate 
description of the proposal and alternatives when they file their 
application and to minimize the need to request additional information. 
This is a minimum list and additional requirements may be identified 
after detailed review of the formal submission and during scoping.
    (4) Since much of an applicant's planning may take place outside of 
BLM's planning system, it is important for potential applicants to 
advise BLM of their planning at the earliest possible stage. Early 
communication is necessary to properly conduct our stewardship role on 
the public lands and to seek solutions to situations where private 
development decisions may conflict with public land use decisions. 
Early contact will also allow the determination of basic data needs 
concerning environmental amenities and values, potential data gaps that 
could be filled by the application, and a modification of the list or 
requirements to fit local situations. Scheduling of the environmental 
analysis process can also be discussed, as well as various ways of 
preparing any environmental documents.
B. Regulations
    The following partial list provides guidance to applicants on 
program regulations which may apply to a particular application. Many 
other regulations deal with proposals affecting public lands, some of 
which are specific to BLM while others are applicable across a broad 
range of Federal programs (e.g., Protection of Historic and Cultural 
Programs--36 CFR Part 800).
    (1) Resource Management Planning--43 CFR 1610;
    (2) Withdrawals--43 CFR 2300;
    (3) Land Classification--43 CFR 2400;
    (4) Disposition: Occupancy and Use--43 CFR 2500;
    (5) Disposition: Grants--43 CFR 2600;
    (6) Disposition: Sales--43 CFR 2700;
    (7) Use: Rights-of-Way--43 CFR 2800;
    (8) Use: Leases and Permits--43 CFR 2900;
    (9) Oil and Gas Leasing--43 CFR 3100;
    (10) Geothermal Resources Leasing--43 CFR 3200;
    (11) Coal Management--43 CFR 3400;
    (12) Leasing of Solid Minerals Other than Coal/Oil Shale--43 CFR 
3500;
    (13) Mineral Materials Disposal--43 CFR 3600;

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    (14) Mining Claims under the General Mining Laws--43 CFR 3800;
    (15) Grazing Administration--43 CFR 4100;
    (16) Wild Free-Roaming Horse and Burro Management--43 CFR 4700;
    (17) Forest Management--43 CFR 5000;
    (18) Wildlife Management--43 CFR 6000;
    (19) Recreation Management--43 CFR 8300; and
    (20) Wilderness Management-- 43 CFR 6300.

11.4. General Requirements

    The Council on Environmental Quality (CEQ) regulations direct that 
Federal agencies shall reduce paperwork and delay (40 CFR 1500.4 & 
1500.5) to the fullest extent possible. The information used in any 
NEPA analysis must be of high quality. Accurate scientific analysis, 
expert agency comments and public scrutiny are essential to 
implementing NEPA (40 CFR 1500.1 (b)). Environmental documents should 
be written in plain language so they can be understood and should 
concentrate on the issues that are truly significant to the action in 
question rather than amassing needless detail (40 CFR 1502.8 and 
1500.1(b)).
    A. To meet the objectives of reducing paperwork and delays:
    The responsible official should use incorporation by reference (40 
CFR 1502.21); tiering (40 CFR 1502.20); adoption (40 CFR 1506.3); and 
supplementing (40 CFR1502.9). The responsible official will avoid 
unnecessary duplication of effort and promote cooperation with other 
federal agencies that have permitting, funding, approval or other 
consultation or coordination requirements associated with the action in 
question by using, to the fullest extent possible, adoption of NEPA 
analyses and documents and incorporation by reference of relevant 
studies and analyses. Cooperation will include, to the fullest extent 
possible, the following: common databases, joint planning processes; 
joint environmental research and studies; joint public meetings and 
hearings; and joint Environmental Assessment (EA) level and joint 
Environmental Impact Statement (EIS) level analyses using joint lead or 
cooperating agency status.
    B. Consultation and Coordination:
    During any NEPA process, the responsible official will determine 
early in the process the type and level of coordination needed or 
desired with a particular person, organization, agency, or Tribe. After 
the NEPA process is completed, some level of coordination will often 
continue throughout project design, implementation, monitoring, and 
evaluation.
    C. Eliminating duplication with Tribal, State and Local 
governmental procedures (40 CFR 1506.2):
    The responsible official will cooperate with Tribal, State and 
Local governmental agencies to the fullest extent possible to reduce 
duplication between NEPA and State and local requirements in addition 
to but not in conflict with those in NEPA. To the fullest extent 
possible, such cooperation will include the following: common 
databases, joint planning processes; joint environmental research and 
studies; joint public meetings and hearings; joint EA-level analyses; 
and joint EIS-level analyses.
    D. Integrating NEPA with other environmental review requirements: 
Wherever feasible, the responsible official will integrate NEPA 
requirements with other environmental review and consultation 
requirements to reduce paperwork and delays (40 CFR 1500.4(k) and 
1500.5(g)).
    E. Public involvement:
    (1) The importance of involving the public early at the time, 
level, and phase of the NEPA analysis process, decision, and 
implementation stage, cannot be overstated. Therefore, the public shall 
be involved early and continuously as appropriate throughout the NEPA 
process. The type and level of public involvement shall be commensurate 
with the NEPA analysis needed to make the decision at hand. Management 
training for BLM employees hosting a public meeting is addressed in 
Section ``H'' below.
    (2) Where feasible, implement consensus based decision making. 
However, when consensus cannot be reasonably reached, the Bureau has 
the exclusive responsibility for making the decision and shall exercise 
that responsibility in a timely manner.
    F. Limitations on Actions during the NEPA Analysis Process (40 CFR 
1506.1):
    Once the responsible official has initiated a NEPA analysis process 
(EA, EIS, or Categorical Exclusion level) and until a decision document 
[Decision Record (DR) or Record of Decision (ROD)] has been signed, no 
action concerning the proposal will be taken that would:
    (1) Have an adverse environmental impact, or
    (2) Limit the choice of reasonable alternatives.
    G. Adaptive Management.
    Where feasible, implement adaptive management (AM) procedures into 
the NEPA, planning and implementation processes. AM is defined in 516 
DM 4.16, as ``a system of management practices based on clearly 
identified outcomes, monitoring to determine if management actions are 
meeting outcomes, and, if not, facilitating management changes that 
will best ensure that outcomes are met or to re-evaluate the 
outcomes''. Adaptive management recognizes that knowledge about natural 
resource systems is sometimes uncertain and is the preferred method of 
management in these cases.
    H. Management Training (Alternative Dispute Resolution (ADR), 
Negotiation or Facilitation).
    Departmental guidance contained in Environmental Statement 
Memorandum Number ``ESM03-4'', dated July 2, 2003, makes it mandatory 
that within three years of the date of this memorandum, any BLM 
employee hosting a public meeting for the purpose of addressing NEPA 
compliance must have participated in some form of training listed in 
ESM03-4, Section 5 ``Management Training''. The training can be 
separate or a combination of course topics as listed above at some 
stage in their career.

11.5. Plan Conformance

    A proposal must be in conformance with an existing BLM land use 
plan. This means that it must be specifically provided for in the plan, 
or if not specifically mentioned, the proposal must be clearly 
consistent with the terms and conditions, decision of the approved plan 
or amended plan. If not consistent, the proposal will be rejected or 
the BLM will prepare a land use plan amendment.

11.6. Use of Existing Documentation (Determination of NEPA Adequacy)

    If it has been determined that existing NEPA documents can be 
properly relied on, an administrative record must be established that 
clearly documents that the agency took a ``hard look'' at whether new 
circumstances, new information, or environmental impacts not previously 
anticipated or analyzed warrant new analysis or supplementation of 
existing NEPA documents and whether the impact analysis considered 
impacts of the proposed action. This review must be accomplished 
through an interdisciplinary process that considers the affected 
values. The BLM has considerable flexibility in accomplishing the 
interdisciplinary analysis; it may vary from the assembly of a full 
interdisciplinary team to consultation by the lead staff specialist or 
NEPA coordinator with resource specialists assigned to affected 
resources.

[[Page 4164]]

    A. The worksheet in Appendix 11.2 (pp. 28 to 33) is to be used to 
document whether the current proposal conforms to applicable plans and 
is adequately analyzed in existing NEPA documents. The signed 
conclusion in the worksheet is an interim step in BLM's internal 
analysis process and an appealable decision is not made until a ROD is 
signed.
    B. The documentation is concise but must adequately address the 
criteria in the worksheet. Review the relevant parts of the existing 
record, including terms, conditions, and mitigation measures, in the 
context of existing on-the-ground conditions. The age of the documents 
reviewed may indicate that information or circumstances have changed 
significantly.
    C. Because the land use plan (LUP) must be reviewed first to insure 
that the current proposed action is in conformance with the plan, the 
worksheet provides for documentation of the results of the LUP review. 
If it is determined that the current proposed action does not conform 
with the plan, the responsible official may (1) reject the proposal, 
(2) modify the proposal to conform to the LUP, or (3) complete 
appropriate plan amendments and NEPA compliance before proceeding with 
the proposed action.
    D. If it is determined that the existing NEPA documentation is 
inadequate, the proposal may be removed from further consideration or 
the information compiled and worksheet completed to that point will be 
used to facilitate the preparation of the appropriate level of NEPA 
analysis.

11.7. Actions Typically Requiring an Environmental Assessment (EA)

    A. An EA-level analysis should be completed when the responsible 
official is uncertain of the potential for significant impact and needs 
further analysis to make the determination.
    B. An EA is a concise public document that serves to:
    (1) Briefly provide sufficient evidence and analysis for 
determining whether to prepare an EIS or a Finding of No Significant 
Impact (FONSI).
    (2) Aid BLM's compliance with NEPA when no EIS is necessary.
    (3) Facilitate preparation of an EIS when one is necessary. (40 CFR 
1508.9)
    C. The following types of BLM actions will typically, although not 
exclusively, result in completion of an EA. An EA is completed when 
these actions are not categorically excluded or having potentially 
significant impacts.
    (1) Implementation decisions--actions taken to implement land use 
plan decisions: Implementation decisions normally require additional 
planning and NEPA analysis, tiered to the land use plan's EIS, and must 
conform to land use plan decisions. Implementation decisions are 
generally appealable to IBLA under 43 CFR Part 4. Examples of 
implementation decisions include establishment of:
    1. Allotment-specific permitted-use levels.
    2. Livestock grazing systems.
    3. Vegetation treatment practices, including weed control.
    4. Hazardous fuels reduction and restoration projects.
    5. Forest stands treatments.
    6. Right-of-way grants.
    7. Recreation facilities.
    8. Appropriate management levels (AMLs) for wild horses and burros.
    (2) Implementation plans, such as recreation activity plans, 
cultural resource management plans, habitat management plans, fire 
management plans, and coordinated resource project plans, etc.
    (3) Approval of resource use permits, such as applications for a 
permit to drill (APDs), livestock grazing permits, and timber sales.
    D. If, for any of these actions, it is anticipated or determined 
that an EA is not needed because of potential impact significance, an 
EIS will be prepared and processed in accordance with 40 CFR 1502.

11.8. Major Actions Normally Requiring an EIS

    A. An EIS-level analysis should be completed when:
    (1) The impacts of an action are potentially significant; or the 
impact analysis of an action is likely to be highly controversial.
    (2) The action taken is directly related to other actions that if 
taken individually would have insignificant impacts, but cumulatively 
the actions would cause significant impacts.
    B. The following types of bureau actions will normally require the 
preparation of an EIS:
    (1) Approval of Resource Management Plans.
    (2) Proposals for Wilderness, Wild and Scenic Rivers, and National 
Historic Scenic Trails.
    (3) Approval of regional coal lease sales in a coal production 
region.
    (4) Decision to issue a coal preference right lease.
    (5) Approval of applications to the BLM for major actions in the 
following categories:
    (a) Sites for steam-electric power plants, petroleum refineries, 
synfuel plants, and industrial facilities.
    (b) Rights-of-way for major reservoirs, canals, pipelines, 
transmission lines, highways and railroads.
    (6) Approval of operations that would result in liberation of 
radioactive tracer materials or nuclear stimulation.
    (7) Approval of any mining operation where the area to be mined, 
including any area of disturbance, over the life of the mining plan, is 
640 acres or larger in size.
    C. If, for any of these actions it is anticipated that an EIS is 
not needed based on potential impact significance, an environmental 
assessment will be prepared and processed in accordance with 40 CFR 
1501.4(e)(2) EIS.

11.9. Categorical Exclusions

    The Departmental Manual (516 DM 2.3A (3) and App. 2) requires that 
before any action described in the following list of categorical 
exclusions is used, the exceptions must be reviewed for applicability 
in each case. The proposed action cannot be categorically excluded if 
one or more of the exceptions apply, thus requiring either an EA or an 
EIS. When no exceptions apply, the following types of bureau actions 
normally do not require the preparation of an EA or EIS.
A. Fish and Wildlife
    (1) Modification of existing fences to provide improved wildlife 
ingress and egress.
    (2) Minor modification of water developments to improve or 
facilitate wildlife use (e.g., modify enclosure fence, install flood 
value, or reduce ramp access angle).
    (3) Construction of perches, nesting platforms, islands and similar 
structures for wildlife use.
    (4) Temporary emergency feeding of wildlife during periods of 
extreme adverse weather conditions.
    (5) Routine augmentations such as fish stocking, providing no new 
species are introduced.
    (6) Relocation of nuisance or depredating wildlife, providing the 
relocation does not introduce new species into the ecosystem.
    (7) Installation of devices on existing facilities to protect 
animal life such as raptor electrocution prevention devices.
B. Oil, Gas, and Geothermal Energy
    (1) Issuance of future interest leases under the Mineral Leasing
    Act of Acquired Lands where the subject lands are already in 
production.
    (2) Approval of mineral lease adjustments and transfers, including 
assignments and subleases.
    (3) Approval of unitization agreements, communitization

[[Page 4165]]

agreements, drainage agreements, underground storage agreements, 
development contracts, or geothermal Unit or participating area 
agreements.
    (4) Approval of suspensions of operations, force majeure 
suspensions, and suspensions of operations and production.
    (5) Approval of royalty determinations such as royalty rate 
reductions.
    (6) Establishment of terms and conditions and approval of Notices 
of Intent to conduct geophysical exploration of oil, gas, or geothermal 
resource pursuant to 43 CFR 3150 or 3250 when no road construction is 
proposed.
    (7) Drilling and subsequent operations of a geothermal well within 
a developed field for which a currently approved land use plan and/or 
any environmental document prepared pursuant to NEPA analyzed drilling 
as a reasonably foreseeable future activity. The application of this 
categorical exclusion is limited to Nevada.
    (8) Issuance of individual operational permits or licenses 
subsequent to or part of a geothermal utilization plan for which any 
environmental document prepared pursuant to NEPA analyzed the overall 
development of geothermal resources and siting of facilities as part of 
an approved utilization plan in accordance with 43 CFR 3272 or 
subsequent revisions. The application of this categorical exclusion is 
limited to Nevada.
C. Forestry
    (1) Land cultivation and silvicultural activities (excluding 
herbicide applications) in forest tree nurseries, seed orchards, and 
progeny test sites.
    (2) Sale and removal of individual trees or small groups of trees 
which are dead, diseased, injured, or which constitute a safety hazard, 
and where access for the removal requires no more than maintenance to 
existing roads.
    (3) Seeding or reforestation of timber sales or burn areas where no 
chaining is done, no pesticides are used, and there is no conversion of 
timber type or conversion of non-forest to forest land. Specific 
reforestation activities covered include: seeding and seedling 
plantings, shading, tubing (browse protection), paper mulching, bud 
caps, ravel protection, application of non-toxic big game repellant, 
spot scalping, rodent trapping, fertilization of seed trees, fence 
construction around out-planting sites, and collection of pollen, 
scions and cones.
    (4) Precommercial thinning and brush control using small mechanical 
devices.
    (5) Disposal of small amounts of miscellaneous vegetation products 
outside established harvest areas, such as Christmas trees, wildings, 
floral products (ferns, boughs, etc.), cones, seeds, and personal use 
firewood.
    (6) Falling, bucking, and scaling sample trees (no more than one 
tree per acre) to ensure accuracy of timber cruises, using only gas-
powered chainsaws or hand tools, with no road construction, use of 
ground-based equipment, or any other manner of timber yarding. The 
application of this categorical exclusion is limited to the western 
Oregon districts of Coos Bay, Eugene, Medford, Roseburg, and Salem.
    (7) Harvesting live trees not to exceed 70 acres, requiring no more 
than 0.5 mile of temporary road construction. Do not use this category 
for even-aged regeneration harvest or vegetation type conversion. The 
proposed action may include incidental removal of trees for landings, 
skid trails, and road clearing. Examples include but are not limited 
to:
    (a) Removing individual trees for sawlogs, specialty products, or 
fuelwood; and
    (b) Commercial thinning of overstocked stands to achieve the 
desired stocking level to increase health and vigor.
    (8) Salvaging dead or dying trees not to exceed 250 acres, 
requiring no more than 0.5 mile of temporary road construction. The 
proposed action may include incidental removal of live or dead trees 
for landings, skid trails, and road clearing. Examples include but are 
not limited to:
    (a) Harvesting a portion of a stand damaged by a wind or ice event 
and constructing a short, temporary road to access the damaged trees; 
and
    (b) Harvesting fire damaged trees.
    (9) Commercial and non-commercial sanitation harvesting of trees to 
control insects or disease not to exceed 250 acres, requiring no more 
than 0.5 mile of temporary road construction, including removal of 
infested/infected trees and adjacent live uninfested/uninfected trees 
as determined necessary to control the spread of insects or disease. 
The proposed action may include incidental removal of live or dead 
trees for landings, skid trails, and road clearing. Examples include 
but are not limited to:
    (a) Felling and harvesting trees infested with southern pine 
beetles and immediately adjacent uninfested trees to control expanding 
spot infestations;
    (b) Removing or destroying trees infested or infected with a new 
exotic insect or disease, such as emerald ash borer, Asian longhorned 
beetle, or sudden oak death pathogen.
D. Rangeland Management
    (1) Approval of transfers of grazing preference.
    (2) Placement and use of temporary (not to exceed one month) 
portable corrals and water troughs, providing no new road construction 
is needed.
    (3) Temporary emergency feeding of livestock or wild horses and 
burros during periods of extreme adverse weather conditions.
    (4) Removal of wild horses or burros from private lands at the 
request of the landowner.
    (5) Processing (transporting, sorting, providing veterinary care 
to, vaccinating, testing for communicable diseases, training, gelding, 
marketing, maintaining, feeding, and trimming of hooves of) excess wild 
horses and burros.
    (6) Approval of the adoption of healthy, excess wild horses and 
burros.
    (7) Actions required to ensure compliance with the terms of Private 
Maintenance and Care Agreements.
    (8) Issuance of title to adopted wild horses and burros.
    (9) Destroying old, sick, and lame wild horses and burros as an act 
of mercy.
    (10) Vegetation management activities such as seeding, planting, 
invasive plant removal, installation of erosion control devices (e.g., 
mats/straw/chips), and mechanical treatments such as crushing, piling, 
thinning, pruning, cutting, chipping, mulching, mowing, and prescribed 
fire when the activity is necessary for the management of vegetation on 
public lands. Such activities:
     Shall not exceed 4,500 contiguous acres per prescribed 
fire project and 1,000 acres for other vegetation management projects; 
and
     Shall be conducted consistent with Bureau and Departmental 
procedures;
     and applicable 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.
    (11) Issuance of livestock grazing permits/leases where:
    (a) The grazing allotment(s) has been assessed and evaluated and 
the authorized officer documents in a determination that the allotment 
is:
    (1) Meeting land health standards; or
    (2) Not meeting standards solely due to factors other than existing 
livestock grazing; or

[[Page 4166]]

    (b) Issuing the permit is the result of an administrative action, 
such as, but not limited to, changing permit termination date or 
permittee/leasee name.
    (12) Authorize temporary non-renewable grazing use where the 
grazing allotment(s) has been assessed and evaluated and the authorized 
officer documents in a determination that the allotment is:
    (a) Meeting land health standards; or
    (b) Not meeting standards solely due to factors other than existing 
livestock grazing. Authorized officer documents that the temporary non-
renewable grazing use will not change the status of land health on the 
allotment(s).
E. Realty
    (1) Withdrawal extensions or modifications which only establish a 
new time period and entail no changes in segregative effect or use.
    (2) Withdrawal revocations, terminations, extensions, or 
modifications and classification terminations or modifications which do 
not result in lands being opened or closed to the general land laws or 
to the mining or mineral leasing laws.
    (3) Withdrawal revocations, terminations, extensions, or 
modifications; classification terminations or modifications; or opening 
actions where the land would be opened only to discretionary land laws 
and where subsequent discretionary actions (prior to implementation) 
are in conformance with and are covered by a Resource Management Plan/
EIS (or plan amendment and EA or EIS).
    (4) Administrative conveyances from the Federal Aviation 
Administration (FAA) to the State of Alaska to accommodate airports on 
lands appropriated by the FAA prior to the enactment of the Alaska 
Statehood Act.
    (5) Actions taken in conveying mineral interest where there are no 
known mineral values in the land, under section 209(b) of the Federal 
Land Policy and Management Act of 1976 (FLPMA).
    (6) Resolution of class one color-of-title cases.
    (7) Issuance of recordable disclaimers of interest under section 
315 of FLPMA.
    (8) Corrections of patents and other conveyance documents under 
section 316 of FLPMA and other applicable statutes.
    (9) Renewals and assignments of leases, permits or rights-of-way 
where no additional rights are conveyed beyond those granted by the 
original authorizations.
    (10) Transfer or conversion of leases, permits, or rights-of-way 
from one agency to another (e.g., conversion of Forest Service permits 
to a BLM Title V Right-of-way).
    (11) Conversion of existing right-of-way grants to Title V grants 
or existing leases to FLPMA section 302(b) leases where no new 
facilities or other changes are needed.
    (12) Grants of right-of-way wholly within the boundaries of other 
compatibly developed rights-of-way.
    (13) Amendments to existing rights-of-way such as the upgrading of 
existing facilities which entail no additional disturbances outside the 
right-of-way boundary.
    (14) Grants of rights-of-way for an overhead line (no pole or tower 
on BLM land) crossing over a corner of public land.
    (15) Transfer of land or interest in land to or from other Bureaus 
or Federal agencies where current management will continue and future 
changes in management will be subject to the NEPA process.
    (16) Acquire access (temporary or permanent) on existing roads and 
trails crossing non-federal lands for purposes of stabilizing hill 
sides; stabilizing river banks; removing dead, down or dying trees; 
reduction of hazardous fuels; controlling insect infestations; removing 
and/or treating noxious or invasive weeds.
    (17) Grant of a short rights-of-way for utility service or terminal 
access roads to an individual residence, outbuilding, or water well.
    (18) Temporary placement of a pipeline above ground.
    (19) Issuance of short-term (3 years or less) rights-of-way or land 
use authorizations for such uses as storage sites, apiary sites, and 
construction sites where the proposal includes rehabilitation to 
restore the land to its natural or original condition.
    (20) One-time issuance of short-term (3 years or less) rights-of-
way or land use authorizations which authorize trespass action where no 
new use or construction is allowed, and where the proposal includes 
rehabilitation to restore the land to its natural or original 
condition.
F. Solid Minerals
    (1) Issuance of future interest leases under the Mineral Leasing 
Act for Acquired Lands where the subject lands are already in 
production.
    (2) Approval of mineral lease readjustments, renewals and transfers 
including assignments and subleases.
    (3) Approval of suspensions of operations, force majeure 
suspensions, and suspensions of operations and production.
    (4) Approval of royalty determinations such as royalty rate 
reduction and operations reporting procedures.
    (5) Determination and designation of logical mining units (LMUs).
    (6) Findings of completeness furnished to the Office of Surface 
Mining Reclamation and Enforcement for Resource Recovery and Protection 
Plans.
    (7) Approval of minor modifications to or minor variances from 
activities described in an approved exploration plan for leasable, 
salable and locatable minerals (e.g., the approved plan identifies no 
new surface disturbance outside the areas already identified to be 
disturbed).
    (8) Approval of minor modifications to or minor variances from 
activities described in an approved underground or surface mine plan 
for leasable minerals (e.g., change in mining sequence or timing).
    (9) Digging of exploratory trenches for mineral materials, except 
in riparian areas.
    (10) Disposal of mineral materials such as sand, stone, gravel, 
pumice, pumicite, cinders, and clay, in amounts not exceeding 50,000 
cubic yards or disturbing more than 5 acres, except in riparian areas.
G. Transportation
    (1) Placing existing roads and trails in any transportation plan 
when no new construction or upgrading is needed.
    (2) Installation of routine signs, markers, culverts, ditches, 
waterbars, gates, or cattleguards on/or adjacent to existing roads and 
trails.
    (3) Temporary closure of existing roads and trails.
    (4) Placement of recreational, special designation or information 
signs, visitor registers, kiosks and portable sanitation devices.
H. Recreation Management
    (1) Issuance of Special Recreation Permits for day use or overnight 
use up to 7 consecutive nights that impact no more than 3 contiguous 
acres; and/or for recreational activities in travel management areas or 
networks that are designated in an approved land use plan.
I. Emergency Stabilization
    Planned actions in response to wildfires, floods, weather events, 
earthquakes, or landslips that threaten public health or safety, 
property, and/or natural and cultural resources, and that are necessary 
to repair or improve lands

[[Page 4167]]

unlikely to recover to a management approved condition as a result of 
the event. Such activities shall be limited to: repair and installation 
of essential erosion control structures; replacement or repair of 
existing culverts, roads, trails, fences, and minor facilities; 
construction of protection fences; planting, seeding, and mulching; and 
removal of hazard trees, rocks, soil, and other mobile debris from, on 
or along roads, trails, campgrounds, and watercourses.
    These activities:
    (a) Shall be completed within one year following the event;
    (b) Shall not include the use of herbicides or pesticides;
    (c) Shall not include the construction of new roads or other new 
permanent infrastructure;
    (d) Shall not exceed 4,200 acres; and (e) shall be conducted 
consistent with Bureau and Departmental procedures and applicable land 
and resource management plans.
J. Other
    (1) Maintaining plans in accordance with 43 CFR 1610.5-4.
    (2) Acquisition of existing water developments (e.g., wells and 
springs) on public land.
    (3) Conducting preliminary hazardous materials assessments and site 
investigations, site characterization studies and environmental 
monitoring. Included are siting, construction, installation and/or 
operation of small monitoring devices such as wells, particulate dust 
counters and automatic air or water samples.
    (4) Use of small sites for temporary field work camps where the 
sites will be restored to their natural or original condition within 
the same work season.
    (5) Reserved.
    (6) A single trip in a one month period for data collection or 
observation sites.
    (7) Construction of snow fences for safety purposes or to 
accumulate snow for small water facilities.
    (8) Installation of minor devices to protect human life (e.g., 
grates across mines).
    (9) Construction of small protective enclosures including those to 
protect reservoirs and springs and those to protect small study areas.
    (10) Removal of structures and materials of nonhistorical value, 
such as abandoned automobiles, fences, and buildings, including those 
built in trespass and reclamation of the site when little or no surface 
disturbance is involved.
    (11) Actions where BLM has concurrence or coapproval with another 
DOI agency and the action is categorically excluded for that DOI 
agency.

Appendix 11.1

Using the Documentation NEPA Adequacy Worksheet and Evaluating the 
NEPA Adequacy Criteria

    This worksheet replaces the worksheet contained in the 
Instruction Memorandum entitled ``Documentation of Land Use Plan 
Conformance and National Environmental Policy Act (NEPA) Adequacy.'' 
During preparation of the worksheet, if you determine that one or 
more of the criteria are not met, you do not need to complete the 
worksheet. If one or more of these criteria are not met, you may 
reject the proposal, modify the proposal or complete appropriate 
NEPA compliance (EA, EIS, Supplemental EIS, or CX if applicable) and 
plan amendments before proceeding with the proposed action.

Worksheet: Documentation of Land Use Plan Conformance and NEPA 
Adequacy (DNA)

U.S. Department of the Interior; Bureau of Land Management (BLM)

    OFFICE:
    TRACKING NUMBER:
    CASEFILE/PROJECT NUMBER:
    PROPOSED ACTION TITLE/TYPE:
    LOCATION/LEGAL DESCRIPTION:
    APPLICANT (if any):

A. Description of the Proposed Action

B. Land Use Plan (LUP) Conformance

 LUP Name*-------------------------------------------------------------
 Date Approved---------------------------------------------------------

 Other document--------------------------------------------------------
 Date Approved---------------------------------------------------------

 Other document--------------------------------------------------------
 Date Approved---------------------------------------------------------

    * List applicable LUPs (e.g., Resource Management Plans and 
activity, project, management, or program plans, or applicable 
amendments thereto):
    The proposed action is in conformance with the applicable LUP 
because it is specifically provided for in the following LUP 
decisions:
    The proposed action is in conformance with the LUP, even though 
it is not specifically provided for, because it is clearly 
consistent with the following LUP decisions (objectives, terms, and 
conditions):

C. Identify Applicable National Environmental Policy Act (NEPA) 
Documents and Other Related Documents That Cover the Proposed 
Action

    List by name and date all applicable NEPA documents that cover 
the proposed action.
    List by name and date other documentation relevant to the 
proposed action (e.g., biological assessment, biological opinion, 
watershed assessment, allotment evaluation, and monitoring report).

D. NEPA Adequacy Criteria

    1. Is the new proposed action a feature of, or essentially 
similar to, the proposed action or the selected alternative analyzed 
in the existing NEPA document(s)?
    Documentation of answer and explanation:
    2. Is the range of alternatives analyzed in the existing NEPA 
document(s) appropriate with respect to the new proposed action, 
given current environmental concerns, public interest, and resource 
values?
    Documentation of answer and explanation:
    3. Is the existing analysis adequate in light of any new 
information or circumstances (i.e. rangeland health standards 
assessments; recent Endangered Species listings; updated lists of 
BLM Sensitive Species)?
    Documentation of answer and explanation:
    4. Can you conclude without additional analysis or information 
that the direct, indirect, and cumulative impacts that would result 
from implementation of the current proposed action are similar to 
those analyzed in the existing NEPA document(s)?
    Documentation of answer and explanation:

E. Persons/Agencies /BLM Staff Consulted

Name-------------------------------------------------------------------
Title------------------------------------------------------------------
Resource/Agency Represented

    Note: Refer to the EA/EIS for a complete list of the team 
members participating in the preparation of the original 
environmental analysis or planning documents.

Conclusion

[msqu] Based on the review documented above, I conclude that this 
proposal conforms to the applicable land use plan and that the NEPA 
documentation fully covers the proposed action and constitutes the 
BLM's compliance with the requirements of NEPA.

    Note: If you found that one or more of these criteria is not 
met, you will not be able to check this box.

 Signature of Project Lead:--------------------------------------------
 Signature of NEPA Coordinator:----------------------------------------
 Signature of the Responsible Official:--------------------------------
 Date:-----------------------------------------------------------------

    Note: The signed Conclusion on this Worksheet is part of an 
interim step in the BLM's internal decision process and does not 
constitute an appealable decision. However, the lease, permit, or 
other authorization based on this DNA, is subject to protest or 
appeal under 43 CFR Part 4 and the program-specific regulations.

[FR Doc. E6-775 Filed 1-24-06; 8:45 am]
BILLING CODE 4310-84-P