[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Notices]
[Pages 25472-25474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09301]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of the Secretary

[LLWO210000.L1610000]


National Environmental Policy Act Implementing Procedures for the 
Bureau of Land Management (516 DM 11)

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of revisions.

-----------------------------------------------------------------------

SUMMARY: This notice announces the establishment of a categorical 
exclusion (CX) for the Bureau of Land Management (BLM) as directed by 
the amendment of the Healthy Forests Restoration Act (HFRA) of 2003 by 
the Agriculture Improvement Act of 2018. This establishment revises BLM 
policies and procedures for compliance with the National Environmental 
Policy Act (NEPA), as amended; other statutes; Executive Order 11514, 
as amended; Executive Order 12114; and the Council on Environmental 
Quality's regulations. These CXs, as well as others established by 
Congress, as described below, will be incorporated into the 
Departmental Manual (DM) and will be added to the Department of the 
Interior's (Department) Electronic Library of Interior Policies 
(ELIPS).

DATES: The CXs will be incorporated into 516 DM 11 June 1, 2020.

ADDRESSES: The public will be able to review the revised DM on the 
Department's website at http://www.doi.gov/nepa. ELIPS is located at: 
https://www.doi.gov/elips. The BLM's current procedures can be found 
at: https://elips.doi.gov/ELIPS/DocView.aspx?id=1721.

FOR FURTHER INFORMATION CONTACT: Heather Bernier, Acting Division 
Chief, Planning and Decision Support, Bureau of Land Management at 
(202) 912-7282, [insert address], or [email protected]. Persons who use 
a telecommunications device for the deaf (TDD) may call the Federal 
Relay Service (FRS) at 1-800-877-8339 to contact Heather Bernier. The 
FRS is available 24 hours a day, 7 days a week, to leave a message or 
question with the above individual. You will receive a reply during 
normal business hours.

SUPPLEMENTARY INFORMATION: The BLM's NEPA procedures, located at 
Chapter 11 of Part 516 of the Departmental Manual (516 DM 11), were 
last updated August 14, 2007. The Agriculture Improvement Act of 2018 
amended Title VI of the HFRA of 2003 (16 U.S.C. 6591 et seq.) to add 
Section 606. Section 606 directed development of a CX for specified 
covered vegetation management activities carried out to protect, 
restore, or improve habitat for greater sage-grouse or mule deer (HFRA, 
Section 606(b)(1)). Section 606 further provides the specific terms, 
actions, limitations, exclusions, and definitions of activities to be 
included in the CX established. As directed by this section, the BLM is 
to establish the CX that meets these same specific terms, actions, 
limitations, exclusions, and definitions; and to establish the CX 
within one year of the enactment of the legislation (by December 20, 
2019). In addition, the BLM is taking the opportunity to incorporate 
into 516 DM 11 several other CXs established by Congress in recent 
years.
    Because the CXs are established or directed by Congress, the BLM 
does not have the discretion to change their terms.
    Below is the new text of Chapter 11, reflecting the statutorily 
established or directed CXs:
11.10 Categorical Exclusions Established or Directed by Statute
    A. The Energy Policy Act of 2005 (Pub. L. 109-58) (42 U.S.C. 15942) 
established actions for categorical exclusion from NEPA analysis. Use 
of Energy Policy Act categorical exclusions does not require review for 
extraordinary circumstances. This is because these CXs are established 
by statute, and their application is governed by that statute. Section 
390 of the Energy Policy Act of 2005 provides:
    (a) NEPA Review.--Action by the Secretary of the Interior in 
managing the public lands, with respect to any of the activities 
described in subsection (b), shall be subject to a rebuttable 
presumption that the use of a categorical exclusion under the National 
Environmental Policy Act (NEPA) of 1969 would apply if the activity is 
conducted pursuant to the Mineral Leasing Act for the purpose of 
exploration or development of oil or gas.
    (b) Activities Described.--The activities referred to in subsection 
(a) are the following:

[[Page 25473]]

    (1) Individual surface disturbances of less than 5 acres so long as 
the total surface disturbance on the lease is not greater than 150 
acres and site-specific analysis in a document prepared pursuant to 
NEPA has been previously completed.
    (2) Drilling an oil or gas well at a location or well pad site at 
which drilling has occurred previously within 5 years prior to the date 
of spudding the well.
    (3) Drilling an oil or gas well within a developed field for which 
an approved land use plan or any environmental document prepared 
pursuant to NEPA analyzed such drilling as a reasonably foreseeable 
activity, so long as such plan or document was approved within 5 years 
prior to the date of spudding the well.
    (4) Placement of a pipeline in an approved right-of-way corridor, 
so long as the corridor was approved within 5 years prior to the date 
of placement of the pipeline.
    (5) Maintenance of a minor activity, other than any construction or 
major renovation of a building or facility.
    B. Section 3023 ``Grazing Permits and Leases'' of Public Law 113-
291, The Carl Levin and Howard P. `Buck' McKeon National Defense 
Authorization Act for Fiscal Year 2015, amended Section 402 of FLPMA. 
The amended text is now included in FLPMA, as amended, as Section 
402(h). Therefore, the BLM may use the grazing permit categorical 
exclusion (1) or the trailing and crossing categorical exclusion (2). 
Application of either categorical exclusion requires extraordinary 
circumstances review. Section 402(h) of FLPMA provides:
    (1) In general.--The issuance of a grazing permit or lease by the 
Secretary concerned may be categorically excluded from the requirement 
to prepare an environmental assessment or an environmental impact 
statement under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) if--
    (A) the issued permit or lease continues the current grazing 
management of the allotment; and
    (B) the Secretary concerned--
    (i) has assessed and evaluated the grazing allotment associated 
with the lease or permit; and
    (ii) based on the assessment and evaluation under clause (i), has 
determined that the allotment--
    (I) with respect to public land administered by the Secretary of 
the Interior-- (aa) is meeting land health standards; or
    (bb) is not meeting land health standards due to factors other than 
existing livestock grazing; or
    (2) Trailing and crossing.--The trailing and crossing of livestock 
across public land and the implementation of trailing and crossing 
practices by the Secretary concerned may be categorically excluded from 
the requirement to prepare an environmental assessment or an 
environmental impact statement under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.)
    C. The Agriculture Improvement Act of 2018 (P.L. 115-334) amended 
Title VI of the Healthy Forests Restoration Act of 2003 (HFRA) (16 
U.S.C. 6591 et seq.) to add Section 606. Section 606 directed 
development of a categorical exclusion for covered vegetation 
management activities carried out to protect, restore, or improve 
habitat for greater sage-grouse or mule deer (HFRA, Section 606(b)(1)). 
This categorical exclusion may be used to carry out a ``covered 
vegetation management activity'' (defined at HFRA, Section 
606(a)(1)(B)) whose purpose is for the management of greater sage-
grouse and mule deer habitat on public lands that was designated under 
HFRA section 602(b), on December 20, 2018 (HFRA, Section 606(g)(2)). 
Application of this categorical exclusion requires extraordinary 
circumstances review. Section 606 of HFRA provides:
    (a) Definitions.--In this section:
    (1) COVERED VEGETATION MANAGEMENT ACTIVITY.--
    (A) IN GENERAL.--The term `covered vegetation management activity' 
means any activity described in subparagraph (B) that--
    (i) is carried out on public land administered by the Bureau of 
Land Management;
    (ii) with respect to public land, meets the objectives of the order 
of the Secretary of the Interior numbered 3336 and dated January 5, 
2015;
    (iii) conforms to an applicable land use plan;
    (iv) protects, restores, or improves greater sage-grouse or mule 
deer habitat in a sagebrush steppe ecosystem as described in--
    (I) Circular 1416 of the United States Geological Survey entitled 
`Restoration Handbook for Sagebrush Steppe Ecosystems with Emphasis on 
Greater Sage-Grouse Habitat--Part 1. Concepts for Understanding and 
Applying Restoration' (2015); or
    (II) the habitat guidelines for mule deer published by the Mule 
Deer Working Group of the Western Association of Fish and Wildlife 
Agencies;
    (v) will not permanently impair--
    (I) the natural state of the treated area;
    (II) outstanding opportunities for solitude;
    (III) outstanding opportunities for primitive, unconfined 
recreation;
    (IV) economic opportunities consistent with multiple-use 
management; or
    (V) the identified values of a unit of the National Landscape 
Conservation System;
    (vi) (I) restores native vegetation following a natural 
disturbance;
    (II) prevents the expansion into greater sage-grouse or mule deer 
habitat of--
    (aa) juniper, pinyon pine, or other associated conifers; or
    (bb) nonnative or invasive vegetation;
    (III) reduces the risk of loss of greater sage-grouse or mule deer 
habitat from wildfire or any other natural disturbance; or
    (IV) provides emergency stabilization of soil resources after a 
natural disturbance; and
    (vii) provides for the conduct of restoration treatments that--
    (I) maximize the retention of old-growth and large trees, as 
appropriate for the forest type;
    (II) consider the best available scientific information to maintain 
or restore the ecological integrity, including maintaining or restoring 
structure, function, composition, and connectivity;
    (III) are developed and implemented through a collaborative process 
that--
    (aa) includes multiple interested persons representing diverse 
interests; and
    (bb) (AA) is transparent and nonexclusive; or
    (BB) meets the requirements for a resource advisory committee under 
subsections (c) through (f) of section 205 of the Secure Rural Schools 
and Community Self-Determination Act of 2000 (16 U.S.C. 7125); and
    (IV) may include the implementation of a proposal that complies 
with the eligibility requirements of the Collaborative Forest Landscape 
Restoration Program under section 4003(b) of the Omnibus Public Land 
Management Act of 2009 (16 U.S.C. 7303(b)).
    (B) DESCRIPTION OF ACTIVITIES.--An activity referred to in 
subparagraph (A) is--
    (i) manual cutting and removal of juniper trees, pinyon pine trees, 
other associated conifers, or other nonnative or invasive vegetation;
    (ii) mechanical mastication, cutting, or mowing, mechanical piling 
and burning, chaining, broadcast burning, or yarding;

[[Page 25474]]

    (iii) removal of cheat grass, medusa head rye, or other nonnative, 
invasive vegetation;
    (iv) collection and seeding or planting of native vegetation using 
a manual, mechanical, or aerial method;
    (v) seeding of nonnative, noninvasive, ruderal vegetation only for 
the purpose of emergency stabilization;
    (vi) targeted use of an herbicide, subject to the condition that 
the use shall be in accordance with applicable legal requirements, 
Federal agency procedures, and land use plans;
    (vii) targeted livestock grazing to mitigate hazardous fuels and 
control noxious and invasive weeds;
    (viii) temporary removal of wild horses or burros in the area in 
which the activity is being carried out to ensure treatment objectives 
are met;
    (ix) in coordination with the affected permit holder, modification 
or adjustment of permissible usage under an annual plan of use of a 
grazing permit issued by the Secretary concerned to achieve restoration 
treatment objectives;
    (x) installation of new, or modification of existing, fencing or 
water sources intended to control use or improve wildlife habitat; or
    (xi) necessary maintenance of, repairs to, rehabilitation of, or 
reconstruction of an existing permanent road or construction of 
temporary roads to accomplish the activities described in this 
subparagraph.
    (C) EXCLUSIONS.--The term `covered vegetation management activity' 
does not include--
    (i) any activity conducted in a wilderness area or wilderness study 
area;
    (ii) any activity for the construction of a permanent road or 
permanent trail;
    (iii) any activity conducted on Federal land on which, by Act of 
Congress or Presidential proclamation, the removal of vegetation is 
restricted or prohibited;
    (iv) any activity conducted in an area in which activities under 
subparagraph (B) would be inconsistent with the applicable resource 
management plan; or
    (2) SECRETARY CONCERNED.--The term `Secretary concerned' means--
    (B) the Secretary of the Interior, with respect to public land.
    (3) TEMPORARY ROAD.--The term `temporary road' means a road that 
is--
    (A) authorized--
    (i) by a contract, permit, lease, other written authorization; or
    (ii) pursuant to an emergency operation;
    (B) not intended to be part of the permanent transportation system 
of a Federal department or agency;
    (C) not necessary for long-term resource management;
    (D) designed in accordance with standards appropriate for the 
intended use of the road, taking into consideration--
    (i) safety;
    (ii) the cost of transportation; and
    (iii) impacts to land and resources; and
    (E) managed to minimize--
    (i) erosion; and
    (ii) the introduction or spread of invasive species.
    (b) Categorical Exclusion.--
    (1) IN GENERAL.--Not later than 1 year after the date of enactment 
of this section, the Secretary concerned shall develop a categorical 
exclusion (as defined in section 1508.4 of title 40, Code of Federal 
Regulations (or a successor regulation)) for covered vegetation 
management activities carried out to protect, restore, or improve 
habitat for greater sage-grouse or mule deer.
    (2) ADMINISTRATION.--In developing and administering the 
categorical exclusion under paragraph (1), the Secretary concerned 
shall--
    (A) comply with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.);
    (C) with respect to public land, apply the extraordinary 
circumstances procedures under section 46.215 of title 43, Code of 
Federal Regulations (or successor regulations), in determining whether 
to use the categorical exclusion; and
    (D) consider--
    (i) the relative efficacy of landscape-scale habitat projects;
    (ii) the likelihood of continued declines in the populations of 
greater sage-grouse and mule deer in the absence of landscape-scale 
vegetation management; and
    (iii) the need for habitat restoration activities after wildfire or 
other natural disturbances.
    (c) Implementation Of Covered Vegetative Management Activities 
Within The Range Of Greater Sage-Grouse And Mule Deer.--If the 
categorical exclusion developed under subsection (b) is used to 
implement a covered vegetative management activity in an area within 
the range of both greater sage-grouse and mule deer, the covered 
vegetative management activity shall protect, restore, or improve 
habitat concurrently for both greater sage-grouse and mule deer.
    (d) Long-Term Monitoring And Maintenance.--Before commencing any 
covered vegetation management activity that is covered by the 
categorical exclusion under subsection (b), the Secretary concerned 
shall develop a long-term monitoring and maintenance plan, covering at 
least the 20-year period beginning on the date of commencement, to 
ensure that management of the treated area does not degrade the habitat 
gains secured by the covered vegetation management activity.
    (e) Disposal Of Vegetative Material.--Subject to applicable local 
restrictions, any vegetative material resulting from a covered 
vegetation management activity that is covered by the categorical 
exclusion under subsection (b) may be--
    (1) used for--
    (A) fuel wood; or
    (B) other products; or
    (2) piled or burned, or both.
    (f) Treatment For Temporary Roads.--
    (1) IN GENERAL.--Notwithstanding subsection (a)(1)(B)(xi), any 
temporary road constructed in carrying out a covered vegetation 
management activity that is covered by the categorical exclusion under 
subsection (b)--
    (A) shall be used by the Secretary concerned for the covered 
vegetation management activity for not more than 2 years; and
    (B) shall be decommissioned by the Secretary concerned not later 
than 3 years after the earlier of the date on which--
    (i) the temporary road is no longer needed; and
    (ii) the project is completed.
    (2) REQUIREMENT.--A treatment under paragraph (1) shall include 
reestablishing native vegetative cover--
    (A) as soon as practicable; but
    (B) not later than 10 years after the date of completion of the 
applicable covered vegetation management activity.
    (g) Limitations.--
    (1) PROJECT SIZE.--A covered vegetation management activity that is 
covered by the categorical exclusion under subsection (b) may not 
exceed 4,500 acres.

    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).

Michaela E. Noble,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2020-09301 Filed 4-30-20; 8:45 am]
BILLING CODE 4331-84-P