[Federal Register Volume 90, Number 112 (Thursday, June 12, 2025)]
[Notices]
[Pages 24814-24816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10706]
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INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
Notice of Adoption of the National Aeronautics and Space
Administration (NASA)'s Categorical Exclusion for Real Property Federal
Transfer Pursuant to Section 109 of the National Environmental Policy
Act (NEPA)
AGENCY: United States Section, International Boundary and Water
Commission, United States and Mexico (USIBWC).
ACTION: Notice of adoption of categorical exclusion.
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SUMMARY: Pursuant to section 109 of the National Environmental Policy
Act (NEPA), USIBWC is adopting National Aeronautics and Space
Administration's (NASA) Categorical Exclusion (4)(iv) for the transfer
of real property administrative control to another Federal agency. This
notice describes the proposed action for which USIBWC intends to use
NASA's Categorical Exclusion and describes the consultation between the
agencies.
DATES: The categorical exclusion is adopted June 12, 2025.
FOR FURTHER INFORMATION CONTACT: Elizabeth Verdecchia, Natural
Resources Specialist, Environmental Management Division, USIBWC, by
phone at (915) 832-4701 or by email [email protected].
SUPPLEMENTARY INFORMATION:
I. NEPA and Categorical Exclusions
The National Environmental Policy Act, as amended (42 United States
Code (U.S.C.) 4321-4347) (NEPA) requires all Federal agencies to assess
the environmental impacts of their actions. Congress enacted NEPA to
encourage productive and enjoyable harmony between humans and the
environment, recognizing the profound impact of
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human activity and the critical importance of restoring and maintaining
environmental quality to the overall welfare of humankind. NEPA seeks
to ensure agencies consider the environmental effects of their proposed
actions in their decision-making processes and inform and involve the
public in that process.
To comply with NEPA, agencies determine the appropriate level of
review--an Environmental Impact Statement (EIS), Environmental
Assessment (EA), or categorical exclusion (42 U.S.C. 4336). If a
proposed action is likely to have significant environmental effects,
the agency must prepare an EIS and document its decision in a record of
decision. Id. If the proposed action is not likely to have significant
environmental effects or the effects are unknown, the agency may
instead prepare an EA, which involves a more concise analysis and
process than an EIS. Id. Following the EA, the agency may conclude the
process with a finding of no significant impact if the analysis shows
that the action will have no significant effects. If the analysis in
the EA finds that the action is likely to have significant effects,
however, then an EIS is required.
Under NEPA, a Federal agency must establish in its own NEPA
implementing procedures, including establishing categorical exclusions,
which are categories of actions the agency has determined normally do
not significantly affect the quality of the human environment (42
U.S.C. 4336e). If an agency determines that a categorical exclusion
covers a proposed action, it then evaluates whether there are any
extraordinary circumstances in which a normally excluded action may
have a significant effect. If no extraordinary circumstances are
present or if further analysis determines that the extraordinary
circumstances do not involve the potential for significant
environmental impacts, the agency may apply the categorical exclusion
to the proposed action without preparing an EA or EIS.
Section 109 of NEPA, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to adopt a categorical exclusion
listed in another agency's NEPA procedures for a category of proposed
agency actions (42 U.S.C. 4336(c)). To adopt and use another agency's
categorical exclusion under section 109, an agency must identify the
relevant categorical exclusion listed in that agency's (``establishing
agency'') NEPA procedures that cover its category of proposed actions
or related actions; consult with the establishing agency to ensure that
the proposed adoption of the categorical exclusion to a category of
actions is appropriate; identify to the public the categorical
exclusion that the agency plans to use for its proposed actions; and
document adoption of the categorical exclusion. Id. This notice
documents USIBWC's adoption of NASA's categorical exclusion under
section 109 of NEPA.
II. Identification of the Categorical Exclusion
NASA's categorical exclusion 14 CFR 1216.304(d)(4) is for Real and
Personal Property Activities including . . . ``(iv) Transferring real
property administrative control to another Federal agency, including
the return of public domain lands to the Department of the Interior
(DoI) or other Federal agencies, and reporting of property as excess
and surplus to the General Services Administration (GSA) for disposal,
when the agency receiving administrative control (or GSA, following
receipt of a report of excess) shall complete any necessary NEPA review
prior to any change in land use.'' The Categorical exclusion is
codified in NASA's NEPA procedures in 14 CFR 1216.304(d)(4)(iv).
III. Proposed USIBWC Category of Actions
The USIBWC intends to apply NASA's categorical exclusion (4)(iv) to
transfer USIBWC-administered lands to Department of Defense, or any
division thereof (collectively ``DOD'') through a conditional report of
excess to General Services Administration (GSA). This is in compliance
with President Trump's Executive Order 14167 dated January 20, 2025,
and National Security Presidential Memorandum/NSPM-4 dated April 11,
2025, through which the President instructed DOD to establish a
National Defense Area (NDA) and, with the cooperation of other federal
agencies, to assume administrative jurisdiction over Federal lands
along the southern border. There may be multiple transactions or
multiple requests for transfer.
IV. Rationale for the Categorical Exclusion
The USIBWC's report of excess and transfer to DOD is administrative
in nature. the Transferred property will become DOD property and will
be under the jurisdiction of DOD, the USIBWC will continue to operate
and maintain its infrastructure under a Memorandum of Agreement and the
DOD will be responsible for environmental compliance (pursuant to its
rules and regulations) for any new ground-disturbing activity that DOD
undertakes.
NASA first added this categorical exclusion to their NEPA
implementing procedures in July 2011; in that Federal Register notice,
NASA noted, ``In the rare case that NASA has land to be excessed, as
the Federal agent, NASA is required to declare the property excess to
GSA. In such situations, NASA's action with regard to the United
States' real property interest is merely an administrative action, and
GSA and/or any receiving agency would conduct a NEPA review for any
potential change in use.''
While many other agencies have categorical exclusions for transfer
of property between federal agencies via excess to GSA, few, if any,
specifically call out that the receiving agency will be responsible for
the NEPA compliance for change in use. USIBWC intends to apply this
categorical exclusion in a manner consistent with NASA's application.
V. Consideration of Extraordinary Circumstances
USIBWC has considered whether the proposed action has the potential
to result in significant effects by considering the factors listed in
NASA's definition of extraordinary circumstances (14 CFR 1216.304).
Because the issuance of a report of excess to GSA and the transfer of
administrative jurisdiction to the DOD is an administrative activity,
there are no extraordinary circumstances related to these transfers.
USIBWC's consideration of extraordinary circumstances will be
consistent with federal law. When applying the categorical exclusion,
USIBWC will evaluate the proposed action and ensure each circumstance
prescribed USIBWC's NEPA implementing regulations is carefully
considered and do not apply to USIBWC's proposed action. If an
extraordinary circumstance, or circumstances, exists, USIBWC will
determine whether the proposed action has the potential to result in a
significant environmental impact before applying the categorical
exclusion.
VI. Consultation With NASA and Determination of Appropriateness
USIBWC and NASA consulted on the appropriateness of USIBWC's
adoption of the categorical exclusion in May and June 2025. The
consultation included a meeting, email exchange, and a review of NASA's
documentation applying the categorical exclusion. Following this
consultation and review, USIBWC has determined that the proposed
action, to
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administratively transfer real property to another federal agency via
report of excess to GSA, is similar to the projects for which NASA has
or may apply the categorical exclusion. Therefore, USIBWC has
determined that its proposed use of NASA's categorical exclusion 4(iv)
as described within this notice is appropriate.
VII. Notice to the Public and Documentation of Adoption
This notice serves to identify to the public and document USIBWC's
adoption of NASA's categorical exclusion listed above, in accordance
with 42 U.S.C. 4336(c). The categorical exclusion is available for use
by USIBWC, effective immediately.
Dated: June 5, 2025.
Rebecca Rizzuti,
Deputy Chief Legal Counsel, USIBWC.
[FR Doc. 2025-10706 Filed 6-11-25; 8:45 am]
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