[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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