[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Pages 46413-46415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21740]
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AGENCY FOR INTERNATIONAL DEVELOPMENT
National Environmental Policy Act: Categorical Exclusions for
Certain Internal, Domestic USAID Activities Funded From the USAID
Operating Expense Account
AGENCY: United States Agency for International Development.
ACTION: Directive of Final Action and Request for Comments.
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SUMMARY: The United States Agency for International Development (USAID)
hereby establishes Categorical Exclusions (CEs) under the National
Environmental Policy Act (NEPA) for certain types of activities that
focus on internal, domestic USAID Operating Expense (OE) account-funded
activities such as routine internal administrative actions, routine
maintenance of domestic facilities, and procurement
[[Page 46414]]
and deployment of information technology software and systems in
existing facilities. The Directive CEs will better ensure USAID
implementation of NEPA by providing for the efficient and timely
environmental review of routine internal administrative operations at
USAID facilities.
DATES: Submit comments on or before October 9, 2009.
Effective Date: This Directive is effective immediately upon
publication. All comments will be reviewed and considered to determine
whether there is a need for potential amendment to the CEs.
ADDRESSES: United States Agency for International Development, Ronald
Reagan Building, 1300 Pennsylvania Avenue, Washington, DC 20523.
FOR FURTHER INFORMATION CONTACT: George Higginbotham, M/MPBP/POL Rm.
6.8-104, United States Agency for International Development, Ronald
Reagan Building, 1300 Pennsylvania Avenue, Washington, DC 20523,
[email protected].
SUPPLEMENTARY INFORMATION: Consistent with the Council on Environmental
Quality (CEQ) Regulations for Implementing the Procedural Provisions of
the National Environmental Policy Act, this Directive establishes CEs
for certain routine internal, domestic administrative and operational
activities of USAID organizations and offices funded from the OE
account. These selected types of OE-funded activities were reviewed and
determined to be categories of actions that do not have individual or
cumulative significant effects on the human or natural environment, and
therefore are the appropriate subject of a Categorical Exclusion under
NEPA. The activities addressed in this Directive are routine internal
administrative actions, routine maintenance of domestic USAID
facilities, and procurement and deployment of information technology
software and systems in existing USAID facilities. The activities
addressed in this Directive maintain the daily internal administrative
functions of USAID and do not have the potential for significant
environmental effects. The Directive provides for the required review
to determine whether there are extraordinary circumstances that may
trigger a requirement for either an Environmental Assessment (EA) or
Environmental Impact Statement (EIS), and, in the absence of such
extraordinary circumstances, provides for the activity to proceed
without preparation of an EA or EIS.
USAID has to date ensured the environmental soundness of its
internal administrative management operations (OE-funded activities) by
directly applying the Presidential Executive Orders on Greening the
Government. USAID will continue to follow these Executive Orders
(including Executive Order 13423 and related Executive Orders) when
applying CEs for certain activities under this directive. These include
maintaining existing USAID facilities and procuring, maintaining, and
disposing of computer equipment. This Directive establishes NEPA-
compliant CEs for USAID's domestic, internal OE-funded activities.
USAID intends to publish a proposed NEPA regulation on all of its
OE-funded actions later this year, and the CEs in this Directive will,
subject to consideration of public comments, be included or otherwise
incorporated in that proposed USAID NEPA regulation.
USAID will publish the CEs included in this Directive on the USAID
Web site, which is available to the public.
Neither this action nor the proposed follow-on NEPA regulation to
be developed for USAID's OE-funded activities affects or changes in any
way USAID's current environmental impact assessment procedures (22 CFR
216) that apply to all program activities funded by appropriations
provided through the Agency's program accounts.
Regulatory Certifications
Executive Order 12866
This Directive has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review.'' The Office
of Management and Budget has determined that this Directive is not a
``significant regulatory action'' under Executive Order 12866; and
accordingly, this Directive has not been reviewed by the Office of
Management and Budget. This Directive affects USAID internal
procedures. Whatever costs that may result from this Directive should
be outweighed by the reduction in delay and excessive paperwork from
these procedures.
Executive Order 13121
This Directive only affects certain internal administrative
procedures and actions of USAID as described in this Directive that
will not have substantial direct effects on the States, relationships
between the national government and the States, or the distribution of
power and responsibilities among the various levels of government.
Therefore, in accordance with Executive Order 13132, it is determined
that this Directive will not have sufficient federalism implications to
warrant preparation of a Federalism Assessment.
Executive Order 12988
This Directive meets the applicable standards set forth in section
3(a) and 3(b)(2) of Executive Order 12988.
Regulatory Flexibility Act
USAID's Regulatory Policy Officer, in accordance with the
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this
Directive and approved it. Because this Directive only affects the
internal procedures of the USAID, it will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This Directive will not result in an expenditure of $100,000,000 or
more in any one year by State, local, and tribal governments, in the
aggregate, or by the private sector, nor will it significantly or
uniquely affect small governments. Therefore, no actions are deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This Directive is not a major rule as defined in section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This
Directive will not result in an annual effect on the economy of
$100,000,000 or more, a major increase in costs or prices, significant
adverse effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
Environmental Impact
This Directive supplements CEQ regulations and provides guidance to
USAID employees regarding procedural requirements for certain OE-funded
activities that do not individually or cumulatively have a significant
effect on the human environment. CEQ 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 procedural guidance to assist agencies in
the fulfillment of agency responsibilities under NEPA. The requirements
for establishing agency NEPA procedures are set forth at 40 CFR 1505.1
and 1507.3
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For the reasons set out in the preamble, USAID establishes the
following Directive:
Categorical Exclusions for Domestic Internal Operational Activities
Purpose: Establish National Environmental Policy Act (NEPA)-
compliant Categorical Exclusions for certain United States Agency for
International Development (USAID) domestic internal operational
activities.
Policy: Consistent with the Council on Environmental Quality (CEQ)
Regulations for Implementing the Procedural Provisions of NEPA (40 CFR
parts 1500-1508) (CEQ NEPA regulations), USAID establishes the
following Categorical Exclusions for certain categories of internal,
domestic USAID Operating Expense (OE) account-funded activities that
address routine internal administrative and operational activities. A
proposed action may be categorically excluded if the action fits within
a category that is eligible for exclusion and the proposed action does
not involve any extraordinary circumstances.
The categories of activities eligible for Categorical Exclusions
are:
a. Internal personnel, fiscal, management, and administrative
activities, such as recruiting, processing, paying, recordkeeping,
resource management, budgeting, personnel actions, official travel, and
reductions, increases, realignments, or relocation of personnel that do
not exceed the infrastructure capacity or change the use of USAID
occupied office space. An example of a substantial change in use of the
supporting infrastructure would be an increase in vehicular traffic
beyond the capacity of the supporting road network to accommodate such
an increase; or generating a new stream of toxic or hazardous waste
that needs to be properly disposed of.
b. Actions at USAID owned or operated facilities involving routine
facility maintenance, repair, and grounds-keeping; minor
rehabilitation, restoration, renovation, or revitalization of existing
facilities; and replacement, acquisition, and installation of
information technology and similar office equipment. To qualify for
this Categorical Exclusion, all such acquisition actions shall comply
with the Presidential Executive Orders on Greening the Government. This
includes E.O. 13423 and related Executive Orders.
c. Acquisition actions (compliant with applicable procedures for
sustainable or ``green'' procurement) and contracting actions necessary
to support the normal conduct of USAID business. Examples include
office supplies and utilities, and equipment such as furniture, and
information technology software and systems. To qualify for this
Categorical Exclusion, all such acquisition actions shall comply with
the Presidential Executive Orders on Greening the Government. This
includes E.O. 13423 and related Executive Orders.
d. Minor or small-scale construction of ancillary facilities on
previously disturbed areas adjacent to or on the same property as the
existing facility and compatible with current land use. To qualify for
this Categorical Exclusion, all such acquisition actions shall comply
with the Presidential Executive Orders on Greening the Government. This
includes E.O. 13423 and related Executive Orders.
e. Awarding of contracts for technical support services,
information technology services, and services for ongoing management
and operation of government facilities. To qualify for this Categorical
Exclusion, all such actions shall comply with the Presidential
Executive Orders on Greening the Government. This includes E.O. 13423
and related Executive Orders.
It has been determined that the following extraordinary
circumstances that would prevent the use of a Categorical Exclusion and
require either an Environmental Assessment or Environmental Impact
Statement:
a. The proposed action is known or expected to significantly affect
public health, safety, or the environment.
b. The proposed action is known or expected to impose uncertain or
unique environmental risks.
c. The proposed action is of greater scope or size than is normal
for this category of action.
d. The proposed action is known or expected to significantly affect
federally listed threatened or endangered species or their critical
habitat.
e. The proposed action is known or expected to significantly affect
national natural landmarks or any property with nationally significant
historic, architectural, prehistoric, archeological, or cultural value,
including but not limited to, property listed on or eligible for the
National Register of Historic Places.
f. The proposed action is known or expected to significantly affect
environmentally important natural resource areas such as parks,
forests, wetlands, floodplains, significant agricultural lands, aquifer
recharge zones, coastal zones, coral reefs, barrier islands, wild and
scenic rivers, and significant fish or wildlife habitat.
g. The proposed action is known or expected to cause significant
adverse air quality effects.
h. The proposed action is known or expected to have a significant
effect on the pattern and type of land use (industrial, commercial,
agricultural, recreational, residential) or growth and distribution of
population including altering the character of existing residential
areas, or may not be consistent with state or local government, or
federally-recognized Indian tribe approved land use plans or federal
land management plans.
Applicability: This Directive applies to USAID domestic internal
operational and administrative activities, including USAID ARRA-funded
actions to develop and implement its new computer based acquisition and
assistance system to manage contracting and granting activities. The
Directive is effective immediately upon publication, and USAID will
consider comments submitted on this Directive when developing its
proposed NEPA regulation for Operating Expense-funded activities.
Responsibilities: The USAID Agency Environmental Coordinator (AEC)
is responsible for NEPA policy, guidance and oversight relating to this
Directive. The AEC will receive advice and guidance from the Office of
General Counsel as to NEPA implementation and compliance with this
Directive. USAID's Chief Information Officer (CIO) is responsible for
reporting to CEQ and OMB on the status of ARRA funded activities.
George Higginbotham,
M/MPBP/POL.
[FR Doc. E9-21740 Filed 9-8-09; 8:45 am]
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