[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Notices]
[Pages 24644-24650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10629]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[MO 4500183156]
Notice of Adoption of Categorical Exclusions Under Section 109 of
the National Environmental Policy Act
AGENCY: National Park Service, Interior.
ACTION: Notice.
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SUMMARY: The National Park Service (NPS) is notifying the public and
documenting the adoption of categorical exclusions (CEs) under section
109 of the National Environmental Policy Act (NEPA). The number of CEs
adopted from each agency is as follows: five from the Federal Highway
Administration (FHWA), four from the National Telecommunications
Information Administration (NTIA), one from the Presidio Trust, six
from the Tennessee Valley Authority (TVA), two from the U.S. Department
of Homeland Security (DHS), one from the National Resource Conservation
Service (NRCS), seven from the U.S. Forest Service (USFS), three from
the Bureau of Land Management (BLM), one from the Bureau of Reclamation
(BOR), one from the Office of Surface Mining Reclamation and
Enforcement (OSMRE), one from the United States Fish and Wildlife
Service (USFWS), and one from the United States Geological Survey
(USGS). In accordance with section 109, this notice identifies the
types of actions to which the NPS will apply the CEs, the
considerations that the NPS will use in determining the applicability
of the CEs, and the consultation between the agencies on the use of the
CEs, including application of extraordinary circumstances.
DATES: The adoption is effective June 11, 2025.
FOR FURTHER INFORMATION CONTACT: David Jacob, Division Manager,
Environmental Quality Division, [email protected], telephone (720)
233-1507.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
I. National Environmental Policy Act and Categorical Exclusions
NEPA (42 U.S.C. 4321-4347, as amended) requires all Federal
agencies to consider the environmental impact of their proposed actions
before deciding whether and how to proceed. 42 U.S.C. 4321, 4332.
NEPA's aims are to ensure that agencies consider the potential
environmental effects of their proposed actions in their decision-
making processes and inform and involve the public in that process. 42
U.S.C. 4332.
To comply with NEPA, agencies determine the appropriate level of
review for a proposed action. 42 U.S.C. 4336. Where required, these
levels of review may be documented in an
[[Page 24645]]
environmental impact statement (EIS), an environmental assessment (EA),
or by reliance on a CE. 42 U.S.C. 4336. If a proposed action is likely
to have significant environmental effects, the agency will prepare an
EIS and document its decision in a record of decision. 42 U.S.C.
4336(b)(1). If the proposed action is not likely to have significant
environmental effects or where the level of significance is unknown,
the agency will prepare an EA, which involves a more concise analysis
and process than an EIS. 42 U.S.C. 4336(b)(2). Following preparation of
an EA, the agency may reach a finding of no significant impact if the
analysis shows that the action will have no significant effects. 42
U.S.C. 4336(b)(2). If, following preparation of an EA, the agency finds
that the proposed action may have significant effects, it will prepare
an EIS before issuing any decision to authorize the action.
Under NEPA, a Federal agency can establish CEs--categories of
actions that the agency has determined normally do not significantly
affect the quality of the human environment--in its agency NEPA
procedures. 42 U.S.C. 4336(e)(1). If an agency determines that a CE
covers a proposed action, it then evaluates the proposed action for any
extraordinary circumstances in which a normally excluded action may
have a significant effect. If no extraordinary circumstances are
present, the agency may rely on the CE to approve the proposed action
without preparing an EA or EIS. 42 U.S.C. 4336(a)(2).
Section 109 of NEPA, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to ``adopt a CE listed in another
agency's NEPA procedures for a category of proposed agency actions for
which the CE was established.'' 42 U.S.C. 4336c. To rely on another
agency's CEs under Section 109, the adopting agency must identify the
relevant CE listed in that other agency's (``establishing agency'')
NEPA procedures that cover the adopting agency's category of proposed
actions or related actions; consult with the establishing agency to
ensure that the proposed adoption of the CE for a category of actions
is appropriate; identify to the public the CE that the adopting agency
plans to use for its proposed actions; and document adoption of the CE.
42 U.S.C. 4336c.
The NPS has prepared this public notice of its adoption of 33 CEs
to describe how it has met these statutory requirements. Five of the
adopted CEs were established by FHWA at 23 CFR 771.117(c)(3), (c)(24),
(c)(26), (c)(28) and (d)(13). Four CEs were established by NTIA at 89
FR 22688 (April 2, 2024), paragraphs C-5, C-6, C-7, and C-8. One CE was
established by Presidio Trust at 36 CFR 1010.7(a)(21). Six CEs were
established by TVA at 18 CFR part 1318(C), Appendix A, paragraphs 22,
29, 30, 33, 34, and 40. Two CEs were established by DHS at Department
of Homeland Security Instruction Manual 023-01-001-01 rev .01, Appendix
A, Table 1, *L26 and L42. One CE was established by NRCS at 7 CFR
650.6(d)(4) and seven CEs were established by the USFS found at 36 CFR
220.6(e)(1), (e)(6), (e)(7), (e)(18), (e)(19), (e)(24) and (e)(25).
Seven CEs were from other bureaus in the Department of the Interior:
three CEs established by BLM at 516 Departmental Manual (DM) 11.9.A
(6), 11.9.E (12), and 11.9.I; one CE from BOR at 516 DM 14.5.C (4), one
CE from OSMRE at 516 DM 13.5.B (33), one CE from USGS at 516 DM 9.5
(h), and one CE from USFWS at 516 DM 8.5.B (4).
The Department's NEPA procedures, found at 43 CFR part 46, address
compliance with NEPA. The Department maintains a list of CEs available
to all Department bureaus and offices at 43 CFR 46.210. Additional
Department-wide NEPA policy is found in the DM, in chapters 1 through 4
of part 516, available at https://www.doi.gov/document-library.
Supplementary NEPA procedures for the Department's bureaus are
published in additional chapters of part 516 of the DM. Chapter 12 of
the 516 DM sets forth the NPS's NEPA procedures, and NPS CEs are also
listed in the NPS NEPA Handbook. (See https://www.doi.gov/sites/doi.gov/files/elips/documents/516-dm-12.pdf and https://www.nps.gov/subjects/nepa/upload/NPS_NEPAHandbook_Final_508.pdf.)
II. Identification of the Categorical Exclusions
The NPS has identified the following 33 CEs for adoption. Of these
CEs, 29 will require documentation of each application, consistent with
NPS guidance in the NPS NEPA Handbook. One CE from FHWA and one CE from
DHS will not require documentation, as noted below.
FHWA Categorical Exclusions for Adoption
The NPS has identified for adoption 23 CFR 771.117(c)(3), regarding
the construction of bicycle and pedestrian lanes, paths, and
facilities. The NPS would interpret the term ``path'' to include
``trail'' or other similar words. The NPS would use the CE for bicycle
lanes associated with existing roadways and pedestrian trails including
associated pedestrian bridges, except in wilderness or backcountry
areas. Under 36 CFR 4.30, national park units are currently restricted
from using CEs to cover the construction of new bicycle trails
including the significant modification of pedestrian or equestrian
trails to accommodate bicycle use. If this provision is revised in the
future, this CE may be used to cover bicycle trail construction except
in wilderness or backcountry areas. Examples of NPS's intended uses of
the CE for facilities include, but are not limited to, water fountains,
bicycle racks, restrooms or rest stops, parking, or signage, in the
immediate vicinity and connected to the development of a bicycle lane
or pedestrian trail.
The NPS has identified for adoption 23 CFR 771.117(c)(24),
regarding localized geotechnical and other investigation to provide
information for preliminary design and for environmental analyses and
permitting purposes, such as drilling test bores for soil sampling;
archeological investigations for archeology resources assessment or
similar survey; and wetland surveys. The NPS would apply this CE to the
activities listed in the text of the CE or other similar activities.
The NPS would not require documentation for application of this CE.
The NPS has identified for adoption 23 CFR 771.117(c)(26),
regarding modernization of a highway by resurfacing, restoration,
rehabilitation, reconstruction, adding shoulders, or adding auxiliary
lanes (including parking, weaving, turning, and climbing lanes), if the
action meets the constraints in paragraph (e) of that section. Examples
of the NPS's intended uses include, but are not limited to, those
described in the FHWA's CE. NPS interprets ``highway'' to include
``park road.'' The NPS would document the constraints outlined in 23
CFR 771.117(e)(1)-(6), which the NPS is also adopting as part of this
CE. Those include: (1) An acquisition of more than a minor amount of
right-of-way or that would result in any residential or non-residential
displacements; (2) An action that needs a bridge permit from the U.S.
Coast Guard, or an action that does not meet the terms and conditions
of a U.S. Army Corps of Engineers nationwide or general permit under
section 404 of the Clean Water Act and/or section 10 of the Rivers and
Harbors Act of 1899; (3) A finding of ``adverse effect'' to historic
properties under the National Historic Preservation Act, the use of a
resource protected under 23 U.S.C. 138 or 49 U.S.C. 303 (section 4(f))
except for actions resulting in de minimis impacts), or a finding of
``may affect,
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likely to adversely affect'' threatened or endangered species or
critical habitat under the Endangered Species Act; (4) Construction of
temporary access or the closure of existing road, bridge, or ramps that
would result in major traffic disruptions; (5) Changes in access
control; (6) A floodplain encroachment other than functionally
dependent uses (e.g., bridges, wetlands) or actions that facilitate
open space use (e.g., recreational trails, bicycle and pedestrian
paths); or construction activities in, across or adjacent to a river
component designated or proposed for inclusion in the National System
of Wild and Scenic Rivers.
Consistent with FHWA's application, the NPS may still apply (c)(26)
even if these constraints in 771.117(e)(1)-(6) are triggered, pursuant
to 771.117(d)(13), which the NPS is also adopting. Under this
provision, (c)(26) may be used if there is documentation that
demonstrates that the actions are covered by (c)(26) and significant
environmental effects will not result. Thus, the NPS may use (c)(26)
under (d)(13) if the justification clearly explains how the action fits
within the category of actions the CE covers and there is a written
explanation of why no significant environmental impacts will result.
The NPS would not complete a Section 4(f) review under criterion
(e)(3) above when applying this CE to a NPS action on NPS-administered
areas. Section 4(f) applies when a U.S. Department of Transportation
(DOT) agency approves a transportation program or project that uses
Section 4(f) property. The NPS is not required to make Section 4(f)
determinations. If the NPS applies this CE to a DOT project, then DOT's
determination would be documented under criterion (e)(3).
The NPS has identified for adoption 23 CFR 771.117(c)(28),
regarding bridge rehabilitation, reconstruction, or replacement or the
construction of grade separation to replace existing at-grade railroad
crossings. The NPS would apply this CE to the activities listed in the
text of the CE. The NPS would only apply this CE for removal and
replacement of a bridge in the same location. The NPS would not use
this CE solely for bridge demolition. The NPS would also apply the
constraints in Section 771.117(e)(1)-(6) to this CE as well as (d)(13),
just as described above for 23 CFR 771.117 (c)(26).
NTIA Categorical Exclusions for Adoption
The NPS has identified for adoption 89 FR 22688 (April 2, 2024),
paragraph C-5, regarding installing, operating, maintaining,
retrofitting, upgrading, repairing, removing, and/or replacing existing
microwave or radio communication towers, instruments, structures, or
buildings that do not require ground disturbance outside of the
original footprint, including installing or co-locating equipment such
as antennas, microwave dishes, or power units. For communications
towers at or below 199 feet, renovations and equipment additions must
not cause the total height of the tower to exceed 199 feet. Existing
structures must not be eligible for listing in the National Register of
Historic Places. The NPS would apply this CE to the activities listed
in the text of the CE. Examples of how the NPS would use this CE
include, but are not limited to, improving or installing communication
towers or facilities without additional ground disturbance and updating
a radio antenna that is not eligible for listing on the National
Register of Historic Places that is mounted on a historic structure
that is eligible. Consistent with NTIA's application of mitigations,
the NPS will incorporate design features as an element of the proposed
action itself, as well as construction actions that minimize impacts to
resources, including applying best management practices as appropriate.
The NPS has identified for adoption 89 FR 22688 (April 2, 2024),
paragraph C-6, regarding new construction or improvement of temporary
buildings or experimental equipment (e.g., trailers, prefabricated
buildings, and test slabs) on previously disturbed ground, with no more
than 1 acre (0.4 hectare) of ground disturbance, where the proposed
facility use is generally compatible with the surrounding land use and
applicable zoning standards and will not require additional support
infrastructure. The NPS would apply this CE to the activities listed in
the text of the CE. The NPS's intended uses include, but are not
limited to, installing temporary small communication structures in
disturbed areas or installing temporary testing or research equipment
such as seismic testing stations. Under this CE, facilities and
installations placed outside of an existing facility footprint must be
on previously disturbed ground. Consistent with NTIA's application of
mitigations, the NPS will incorporate design features as an element of
the proposed action itself, as well as construction actions that
minimize impacts to resources, including applying best management
practices as appropriate.
The NPS has identified for adoption 89 FR 22688 (April 2, 2024),
paragraph C-7, regarding new construction of self-supporting (e.g.,
monopole or lattice) wireless communication towers at or below 199 feet
with no guy wires and that require less than 1 acre (0.4 hectare) of
ground disturbance. This NTIA CE also includes language that covers
situations where another Federal agency would not require an EA or EIS
for its acquisition, installation, operations, or maintenance for these
towers. The NTIA applies this CE when they are installing broadband
towers on other agency's lands. The NPS will not apply this provision
of the CE since the NPS does not install towers on other agency lands
and by applying the CE has the NPS will have determined that an EA or
EIS is not necessary.
Examples of the NPS's intended uses of this CE include, but are not
limited to, construction of all types of communication towers that meet
the requirements of the CE text. Consistent with the NTIA's application
of mitigations, the NPS will incorporate design features as an element
of the proposed action itself, as well as construction actions that
minimize impacts to resources, including applying best management
practices as appropriate.
The NPS has identified for adoption 89 FR 22688 (April 2, 2024),
paragraph C-8, regarding acquisition, installation, reconstruction,
repair by replacement, and operation of aerial or buried utility (e.g.,
water, sewer, electrical), communication (e.g., fiber optic cable, data
processing cable and similar electronic equipment), and security
systems that use existing rights-of-way, easements, grants of license,
distribution systems, facilities, or similar arrangements. Examples of
the NPS's intended uses include, but are not limited to, improving
repairing, or installing utilities such as water, sewer, electrical, or
fiber optic utilities as needed in areas where rights-of-way or similar
agreements already exist. The NPS would use this CE to cover all
activities necessary for carrying out the activities covered under the
CE, including but not limited to, staging and parking, construction,
etc., that use existing rights-of-way, easements, grants of license,
distribution systems, facilities, or similar arrangements. Consistent
with the NTIA's application of mitigations, the NPS will incorporate
design features as an element of the proposed action itself, as well as
construction actions that minimize impacts to resources, including
applying best management practices as appropriate.
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The Presidio Trust Categorical Exclusion for Adoption
The NPS has identified for adoption 36 CFR 1010.7(a)(21), regarding
the rehabilitation, modification, or improvement of historic properties
that have been determined to be in conformance with the Secretary of
the Interior's Standards for the Treatment of Historic Properties at 36
CFR 68 and that would have no or only minimal environmental impact. The
NPS would use this CE for rehabilitation, modification or improvement
activities that are in conformance with the Secretary of the Interior's
Standards for Treatment of Historic Properties, consistent with the
Presidio Trust's application. Examples of the NPS's intended use of the
CE include the modification or rehabilitation of historic properties
for a different purpose while still maintaining their historic
characteristics.
TVA Categorical Exclusions for Adoption
The NPS has identified for adoption 18 CFR part 1318(C), Appendix
A, paragraph (22), regarding development of dispersed recreation sites
(generally not to exceed 10 acres in size) to support activities such
as hunting, fishing, primitive camping, wildlife observation, hiking,
and mountain biking. Actions include, but are not limited to,
installation of guardrails, gates and signage, hardening and
stabilization of sites, trail construction, and access improvements/
controls. Examples of the NPS's intended uses of the CE include, but
are not limited to, the development of multiple recreation components
in one specific area, such as new hiking trail connections, restrooms,
or small parking areas, or it may be applied to cover only one
recreational action in an area. The CE is not intended to support
developments or installations in developed zones. Instead, this CE is
designed to cover recreational facilities in undeveloped, primitive
areas where infrastructure and supporting facilities should be minimal.
The NPS has identified for adoption 18 CFR part 1318(C), Appendix
A, paragraph (29), regarding actions to restore and enhance wetlands,
riparian, and aquatic ecosystems that generally involve physical
disturbance of no more than 10 acres, including, but not limited to,
construction of small water control structures; revegetation actions
using native materials; construction of small berms, dikes, and fish
attractors; removal of debris and sediment following natural or human-
caused disturbance events; installation of silt fences; construction of
limited access routes for purposes of routine maintenance and
management; and reintroduction or supplementation of native, formerly
native, or established species into suitable habitat within their
historic or established range. The NPS would use this CE for actions
that result in an overall beneficial impact to wetlands, riparian, and
aquatic ecosystems. Visitor infrastructure, such as raised trails or
boardwalks, may be covered under this CE if the proposal aligns with
the CE text and the primary purpose of the proposal is to restore and
enhance wetlands, riparian, and aquatic ecosystems.
The NPS has identified for adoption 18 CFR part 1318(C), Appendix
A, paragraph (30), regarding actions to maintain, restore, or enhance
terrestrial ecosystems that generally involve physical disturbance of
no more than 125 acres including, but not limited to, establishment and
maintenance of non-invasive vegetation; bush hogging; prescribed fires;
installation of nesting and roosting structures, fencing, and cave
gates; and reintroduction or supplementation of native, formerly
native, or established species into suitable habitat within their
historic or established range. The NPS would use this CE for actions
that result in an overall beneficial impact to terrestrial ecosystems.
Consistent with TVA practice, the NPS would not use this CE for
herbicide or pesticide use. Visitor infrastructure, such as raised
trails or boardwalks, may be covered under this CE if the proposal
aligns with the CE text and the primary purpose of the proposal is to
maintain, restore, or enhance terrestrial ecosystems.
The NPS has identified for adoption 18 CFR part 1318(C), Appendix
A, paragraph (33), regarding actions to protect cultural resources
including, but not limited to, fencing, gating, signing, and bank
stabilization (generally up to \1/2\ mile in length when along stream
banks or reservoir shoreline). The NPS would use this CE for actions
that result in an overall beneficial impact on cultural resources.
The NPS has identified for adoption 18 CFR part 1318(C), Appendix
A, paragraph (34), regarding reburial of human remains and funerary
objects under the Native American Graves Protection and Repatriation
Act that are inadvertently discovered or intentionally excavated on TVA
land. ``TVA land'' would be interpreted as ``within an NPS-administered
area'' when used.
The NPS has identified for adoption18 CFR part 1318(C), Appendix A,
paragraph (40), regarding demolition and disposal of structures,
buildings, equipment and associated infrastructure and subsequent site
reclamation, subject to applicable review for historical value, on
sites generally less than 10 acres in size. Examples of the NPS's
intended uses of the CE include, but are not limited to, removal of
structures that pose a safety hazard, are in disrepair or no longer
needed. This CE would be used to remove or demolish historic structures
after Section 106 consultation is complete.
DHS, U.S. Coast Guard (USCG), Categorical Exclusions for Adoption
The NPS has identified for adoption Department of Homeland Security
Instruction Manual 023-01-001-01 Rev 01, Appendix A, Table 1, *L26 \1\,
regarding maintenance dredging and debris disposal where no new depths
are required, applicable permits are secured, and disposal will be at
an existing approved disposal site. Examples of the NPS's intended uses
are consistent with those described in the USCG CE which includes, but
is not limited to, dredging activities around piers and docks.
Consistent with the USCG's application, the NPS would use this CE for
actions that fit within a U.S. Army Corps of Engineers Nationwide
Permit under Section 404 of the Clean Water Act and/or Section 10 of
the Rivers and Harbors Act of 1899. The Nationwide Permits authorize
activities that have minimal individual and cumulative adverse effects
on the aquatic environment.
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\1\ 1 NPS is adopting CE *L26, which is listed in the USCG-
specific section of Table 1. CE *D5, which applies more broadly,
contains similar language.
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The NPS has identified for adoption Department of Homeland Security
Instruction Manual 023-01-001-01 Rev 01, Appendix A, Table 1, L42
regarding environmental site characterization studies and environmental
monitoring including: siting, constructing, operating, and dismantling
or closing of characterization and monitoring devices. Such activities
include, but are not limited to, the following: conducting geological,
geophysical, geochemical, and engineering surveys and mapping,
including the establishment of survey marks; installing and operating
field instruments, such as stream-gauging stations or flow-measuring
devices, telemetry systems, geochemical monitoring tools, and
geophysical exploration tools; drilling wells for sampling or
monitoring of groundwater, well logging, and installation of water-
level recording devices in wells; conducting aquifer response testing;
[[Page 24648]]
installing and operating ambient air monitoring equipment; and sampling
and characterizing: water, soil, rock, or contaminants, water
effluents, air emissions, solid waste streams, flora or fauna; and
conducting archeological, historic, and cultural resource
identification and evaluation studies in compliance with 36 CFR part
800 regarding protection of historic properties and 43 CFR part 7
regarding protection of archeological resources. The NPS's intended
uses are consistent with these USCG applications listed in the CE.
Consistent with the USCG's application, the NPS would not require
documentation of the application of this CE.
NRCS Categorical Exclusion for Adoption
The NPS has identified for adoption 7 CFR 650.6(d)(4), regarding
replacing and repairing existing culverts, grade stabilization, and
water control structures and other small structures that were damaged
by natural disasters where there is no new depth required and only
minimal dredging, excavation, or placement of fill is required. The
NRCS applies this CE to activities required for the replacement in kind
of water control structures or culverts and other water control related
structures, such as pumping stations. The NPS would use this CE
consistent with these NRCS uses.
USFS Categorical Exclusions for Adoption
The NPS has identified for adoption 36 CFR 220.6(e)(1), regarding
construction and reconstruction of trails. Examples include, but are
not limited to, constructing or reconstructing a trail to a scenic
overlook and reconstructing an existing trail to allow use by
handicapped individuals. The NPS would utilize this CE to connect
existing trails, establish trails between existing public use sites, or
establish new trails. Application of this CE may be restricted by the
NPS bicycle rule at 36 CFR 4.30. The NPS would not apply this CE to
off-road vehicle routes.
The NPS has identified for adoption 36 CFR 220.6(e)(6), regarding
timber stand and/or wildlife habitat improvement activities that do not
include the use of herbicides or do not require more than one mile of
low standard road construction. Examples include but are not limited
to: girdling trees to create snags; thinning or brush control to
improve growth or to reduce fire hazard including the opening of an
existing road to a dense timber stand; prescribed burning to control
understory hardwoods in stands of southern pine; and prescribed burning
to reduce natural fuel build-up and improve plant vigor. The NPS
intends to use this CE for site-specific controlled or prescribed burns
and all types of hazardous fuel treatments, as outlined in park Fire
Management Plans and in accordance with NPS Management Policies and
applicable authorities.
The NPS has identified for adoption 36 CFR 220.6(e)(7), regarding
modification or maintenance of stream or lake aquatic habitat
improvement structures using native materials or normal practices.
Examples include but are not limited to: reconstructing a gabion with
stone from a nearby source; adding brush to lake fish beds; and
cleaning and resurfacing a fish ladder at a hydroelectric dam. The NPS
intends to use this CE consistent with how USFS has used the CE,
including but not limited to, restoration of fish and macroinvertebrate
habitats, water quality improvement for stream or lake habitats, or
stream erosion control.
The NPS has identified for adoption 36 CFR 220.6(e)(18), regarding
restoring wetlands, streams, riparian areas or other water bodies by
removing, replacing, or modifying water control structures such as, but
not limited to, dams, levees, dikes, ditches, culverts, pipes, drainage
tiles, valves, gates, and fencing, to allow waters to flow into natural
channels and floodplains and restore natural flow regimes to the extent
practicable, where valid existing rights or special use authorizations
are not unilaterally altered or canceled. Examples include but are not
limited to: repairing an existing water control structure that is no
longer functioning properly with minimal dredging, excavation, or
placement of fill, when it does not involve releasing hazardous
substances; installing a newly-designed structure that replaces an
existing culvert to improve aquatic organism passage and prevent
resource and property damage where the road or trail maintenance level
does not change; removing a culvert and installing a bridge to improve
aquatic and/or terrestrial organism passage or prevent resource or
property damage where the road or trail maintenance level does not
change; and removing a small earthen and rock fill dam with a low
hazard potential classification that is no longer needed. Some of the
activities described in the CE may be inconsistent with National Park
Service Management Policies and other applicable authorities in certain
instances. The NPS intends to use this CE consistent with the examples
in the CE text, when consistent with applicable authorities.
The NPS has identified for adoption 36 CFR 220.6(e)(19), regarding
removing and/or relocating debris and sediment following disturbance
events (such as floods, hurricanes, tornados, mechanical/engineering
failures, etc.) to restore uplands, wetlands, or riparian systems to
pre-disturbance conditions, to the extent practicable, such that site
conditions will not impede or negatively alter natural processes.
Examples include, but are not limited to: removing an unstable debris
jam on a river following a flood event and relocating it back in the
floodplain and stream channel to restore water flow and local bank
stability; cleaning up and removing infrastructure flood debris, such
as benches, tables, outhouses, concrete, culverts, and asphalt
following a hurricane, from a stream reach and adjacent wetland area;
and stabilizing stream banks and associated stabilization structures to
reduce erosion through bioengineering techniques following a flood
event, including the use of living and nonliving plant materials in
combination with natural and synthetic support materials, such as
rocks, riprap, geo-textiles, for slope stabilization, erosion
reduction, and vegetative establishment and establishment of
appropriate plant communities (bank shaping and planting, brush
mattresses, log, root wad, and boulder stabilization methods). The NPS
intends to use this CE consistent with USFS applications and in
response to emergency situations. Examples include, but are not limited
to, the removal of unclaimed property such as boats after storm events,
the removal of debris or trash from coral reefs or beaches, and the
removal of sand or other sediments from parking areas, trails, or roads
that are blocked after storms or other natural disasters.
The NPS has identified for adoption 36 CFR 220.6(e)(24), regarding
construction and realignment of up to 2 miles of NFS roads and
associated parking areas. Examples include, but are not limited to,
constructing an NFS road to improve access to a trailhead or parking
area, rerouting an NFS road to minimize resource impacts; and improving
or upgrading the surface of an NFS road to expand its capacity. The NPS
would use this CE to cover minor road reroutes and other projects to
address access and parking. ``NFS road'' would be interpreted as ``park
road'' when used, consistent with 36 CFR 1.4.
The NPS has identified for adoption 36 CFR 220.6(e)(25), regarding
forest and grassland management activities with a primary purpose of
meeting restoration objectives or increasing
[[Page 24649]]
resilience. Activities to improve ecosystem health, resilience, and
other watershed and habitat conditions may not exceed 2,800 acres.
Activities to meet restoration and resilience objectives may include,
but are not limited to: stream restoration, aquatic organism passage
rehabilitation, or erosion control; invasive species control and
reestablishment of native species; prescribed burning; reforestation;
road and/or trail decommissioning (system and non-system); pruning;
vegetation thinning; and timber harvesting. The following requirements
or limitations apply to this category: projects shall be developed or
refined through a collaborative process that includes multiple
interested persons representing diverse interests; vegetation thinning
or timber harvesting activities shall be designed to achieve ecological
restoration objectives, but shall not include salvage harvesting as
defined in Agency policy; and construction and reconstruction of
permanent roads is limited to 0.5 miles. Construction of temporary
roads is limited to 2.5 miles, and all temporary roads shall be
decommissioned no later than 3 years after the date the project is
completed. Projects may include repair and maintenance of NFS roads and
trails to prevent or address resource impacts; repair and maintenance
of NFS roads and trails is not subject to the above mileage limits.
``NFS road'' would be interpreted as ``park road'' when used,
consistent with 36 CFR 1.4. The NPS intends to use this CE for
restoration activities in accordance with NPS Management Policies and
applicable authorities and prescribed fires consistent as outlined in
park Fire Management Plans.
BLM Categorical Exclusions for Adoption
The NPS has identified for adoption 516 DM 11.9.A(6), regarding
relocation of nuisance or depredating wildlife, providing the
relocation does not introduce new species into the ecosystem. The NPS
would use this CE consistent with the activities described in the CE
text.
The NPS has identified for adoption 516 DM 11.9.E (12), regarding
grants of right-of-way wholly within the boundaries of other compatibly
developed rights-of-way. Consistent with the BLM application of this
CE, the right-of-way may expand beyond the boundaries of existing
disturbance but must be within the existing right-of-way. The NPS would
use this CE to cover permitting, construction, and maintenance of a
right-of-way.
The NPS has identified for adoption 516 DM 11.9.I, regarding
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, that are necessary to
repair or improve lands 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: shall be completed within one year
following the event; shall not include the use of herbicides or
pesticides; shall not include the construction of new roads or other
new permanent infrastructure; shall not exceed 4,200 acres; may include
temporary roads which are defined as roads authorized by contract,
permit, lease, other written authorization, or emergency operation not
intended to be part of the BLM transportation system and not necessary
for long-term resource management. Temporary roads shall be designed to
standards appropriate for the intended uses, considering safety, cost
of transportation, and impacts on land and resources; and shall require
the treatment of temporary roads constructed or used to permit the
reestablishment by artificial or natural means, or vegetative cover on
the roadway and areas where the vegetative cover was disturbed by the
construction or use of the road, as necessary to minimize erosion from
the disturbed area. Such treatment shall be designed to reestablish
vegetative cover as soon as practicable, but at least within 10 years
after the termination of the contract. The NPS would apply this CE
consistent with the examples listed in the text of the CE, including
but not limited to emergency road repair following natural disasters.
The reference to ``BLM'' would be interpreted to refer to ``NPS.''
BOR Categorical Exclusion for Adoption
The NPS has identified for adoption 516 DM 14.5.C (4), regarding
approval of land management plans where implementation will only result
in minor construction activities and resultant increased operation and
maintenance activities. The NPS would interpret the term ``land
management plans'' to cover both site-specific plans and broader plans
like general management plans that provide land management direction.
Consistent with BOR practice, the NPS would not use this CE to cover
visitor managed access plans.
OSMRE Categorical Exclusion for Adoption
The NPS has identified for adoption 516 DM 13.5.B (33), regarding
abandoned mine lands (AML) reclamation projects involving: No more than
100 acres; no hazardous wastes; no explosives; no hazardous or
explosive gases; no dangerous impoundments; no mine fires and refuse
fires; no undisturbed, noncommercial borrow or disposal sites, no
dangerous slides where abatement has the potential for damaging
inhabited property; no subsidences involving the placement of material
into underground mine voids through drilled holes to address more than
one structure, and no unresolved issues with agencies, persons, or
groups or adverse effects requiring specialized mitigation. All sites
considered in this CE would have to first meet the eligibility test in
sections 404, 409 and 411 of Surface Mining Control Reclamation Act
(SMCRA). Also, projects that have been declared an emergency pursuant
to section 410 of SMCRA, may be candidates for this exclusion. The text
of the original CE also references the Departmental exceptions in 516
DM 2, Appendix 2, which is no longer applicable. Consistent with
OSMRE's application of this CE, the extraordinary circumstances cover
this requirement, thus the NPS would not address this text when
applying the CE. See OSMRE Handbook on Procedures for Implementing the
National Environmental Policy Act, 6-3, July 2019.
The NPS would use this CE consistent with OSMRE applications listed
in the CE, including but not limited to, AML reclamation in parks with
pre-1977 AML features or in emergency situations where there is a
collapse, drainage issue, or subsidence due to AML.
USGS Categorical Exclusion for Adoption
The NPS has identified for adoption 516 DM 9.5 (h), regarding
establishment of survey marks, placement and operation of field
instruments, and installation of any research/monitoring devices.
Consistent with the USGS, the NPS would apply this CE consistent with
the language of the CE, which includes, but is not limited to,
monitoring equipment, as needed after emergency situations, to monitor
earthquakes or other weather-related events, or to mark areas for
research or survey purposes.
[[Page 24650]]
USFWS Categorical Exclusion for Adoption
The NPS has identified for adoption 516 DM 8.5.B(4), regarding the
use of prescribed burning for habitat improvement purposes, when
conducted in accordance with local and State ordinances and laws.
Consistent with the USFWS application, the NPS would apply this CE for
prescribed fires with at least one documented habitat improvement
objective and that are conducted in accordance with local and State
ordinances and laws.
III. Geographical Scope
FHWA, NTIA, DHS/USCG, NRCS, USFS, USGS and USFWS have approved
projects located throughout the U.S. in reliance on their respective
CEs. The environmental impacts of the activities conducted by these
agencies and bureaus in reliance on their CEs are similar to those
activities that the NPS would routinely conduct and for whose approval
the NPS would rely on the adopted CEs.
The Presidio Trust only approves projects involving historic
structures in the San Francisco area. However, the impacts from the
actions covered by its CEs would be similar for historic structures
regardless of their location. The BLM and BOR primarily operate in the
western United States, while the TVA facilities are located in the
eastern United States. Despite geographic differences among some of the
establishing agencies and the NPS, the environmental impacts of
activities conducted by these agencies using their CEs are comparable
to those conducted by the NPS, which would rely on the adopted CEs for
approval.
IV. Consideration of Extraordinary Circumstances
In consultation with the establishing agencies, the NPS evaluated
the extraordinary circumstances to be considered when applying these
CEs. When applying these CEs, Responsible Officials (43 CFR 46.30)
within the NPS will evaluate proposed actions covered by the CEs to
determine whether any extraordinary circumstances, listed at 43 CFR
46.215, are present and preclude reliance on the CE. Responsible
Officials in the NPS are required to review any proposed action for
which they intend to rely on a CE, as provided at 43 CFR 46.205, by
comparing it with the list at 43 CFR 46.215 and documenting that review
in accordance with any applicable Departmental or bureau NEPA or
program guidance.
The Department's list of extraordinary circumstances is comparable
to those of the FHWA (23 CFR 771.116(b)), the NTIA (89 FR 22688 (April
2, 2024)), the Presidio Trust (36 CFR 1010.7(b)), the TVA (18 CFR
1318.201), the DHS/USCG (Instruction Manual 023-01-001-01 Rev 01,
paragraph V(B)(2)(c)), the NRCS (7 CFR 650.6(c)), and the USFS (36 CFR
220.6(b)). Therefore, Responsible Officials in the NPS intending to
rely on a FHWA, NTIA, Presidio Trust, TVA, DHS/USCG, NRCS, or USFS CE
will need to review the proposed action only in accordance with the
Department's NEPA regulations at 43 CFR 46.205 and 46.215. And because
the BOR, OSMRE, BLM, USGS, and USFWS use the same Departmental
extraordinary circumstances as the NPS, Responsible Officials in the
NPS relying on a CE from one of those bureaus will review the proposed
action in accordance with these same Departmental provisions.
The Responsible Official will review whether the proposed action
has the potential to result in significant effects as described in the
Department's extraordinary circumstances. If the Responsible Official
cannot rely on a CE to support a decision on a particular proposed
action due to extraordinary circumstances, the Responsible Official
will prepare an EA or EIS, consistent with 43 CFR 46.205(c).
V. Consultation With Agencies and Determination of Appropriateness
In January through April of 2025, the Department consulted with the
FHWA, NTIA, Presidio Trust, TVA, DHS/USCG, NRCS, USFS, BLM, BOR, OSMRE,
USFWS, and USGS about the appropriateness of the Department's adoption
of their respective CEs. Those consultations each included a review of
each agency's or bureau's experience in establishing and applying the
CEs, as well as the types of actions for which the NPS plans to use the
CEs. Based on those consultations and reviews, the Department has
determined that the types of activities the NPS proposes to authorize
are substantially similar to the activities for which the FHWA, NTIA,
Presidio Trust, TVA, DHS/USCG, NRCS, USFS, BLM, BOR, OSMRE, USFWS, and
USGS have applied their respective CEs. Accordingly, the impacts of the
NPS-authorized actions would be substantially similar to the impacts of
each establishing agency and bureau's actions, which are not
significant, absent extraordinary circumstances. Therefore, the
Department has determined that the NPS's proposed use of the FHWA,
NTIA, Presidio Trust, TVA, DHS/USCG, NRCS, USFS, BLM, BOR, OSMRE,
USFWS, and USGS CEs to support NPS decisions to improve park resources
is appropriate.
VI. Notice to the Public and Documentation of Adoption
This notice identifies to the public that the NPS is adopting 33
CEs from FHWA, NTIA, Presidio Trust, TVA, DHS/USCG, NRCS, USFS, BLM,
BOR, OSMRE, USFWS, and USGS. The notice identifies the types of actions
to which the NPS would apply these CEs. Upon issuance of this notice,
the adopted FHWA, NTIA, Presidio Trust, TVA, DHS/USCG, NRCS, USFS, BLM,
BOR, OSMRE, USFWS, and USGS CEs will be available for the NPS to rely
upon. The documentation of these CE adoptions is available at https://www.nps.gov/subjects/nepa/policy.htm and at https://www.doi.gov/oepc/nepa/categorical-exclusions. The NPS will add the adopted CEs to NPS's
DM Chapter at 516 DM 12.
Authorities
National Environmental Policy Act of 1969, as amended (42 U.S.C.
4321 et seq.).
Stephen G. Tryon,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2025-10629 Filed 6-10-25; 8:45 am]
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