[Federal Register Volume 90, Number 122 (Friday, June 27, 2025)]
[Notices]
[Pages 27655-27657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11935]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[A2407-014-004-065516; #O2412-014-004-047181.1; LLHQ210000]
Notice of Adoption of Categorical Exclusions Under Section 109 of
the National Environmental Policy Act
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
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SUMMARY: The Department of the Interior (Department) is notifying the
public and documenting the adoption of nine U.S. Forest Service (USFS),
one U.S. Geological Survey (USGS), one Bureau of Reclamation (BOR) and
four Tennessee Valley Authority (TVA) categorical exclusions (CXs) by
the Bureau of Land Management (BLM), under section 109 of the National
Environmental Policy Act (NEPA), for recreation, restoration, road
management, rangeland management, access for hydrologic and geologic
exploration, transmission infrastructure, and reburial of human remains
and funerary objects under the Native American Graves Protection and
Repatriation Act. In accordance with section 109, this notice
identifies the types of actions for which the BLM will rely on the CXs,
the considerations that the BLM will use in determining the
applicability of the CXs and the consultation between the agencies on
the use of the CXs, including application of extraordinary
circumstances.
DATES: The adoption is effective June 27, 2025.
FOR FURTHER INFORMATION CONTACT: Amelia Savage, Senior Planning and
Environmental Analyst, Division of Support, Planning and NEPA,
[email protected], telephone (480) 307-8665.
SUPPLEMENTARY INFORMATION:
Background
Programs Background
1. Recreation
The BLM's Recreation Program supports and delivers a wide variety
of recreational experiences including, but not limited to, camping,
hunting, fishing, hiking, horseback riding, off-highway vehicle
driving, mountain biking, bird watching, and various winter sports. The
program manages over 4,000 recreation sites and associated facilities,
in addition to over 400 fee sites with standard and expanded amenities.
An estimated 82 million visitors enjoy outdoor recreation on the BLM-
managed public lands every year. The Recreation Program also supports
the BLM's Travel and Transportation Management Program, which includes
trails, roads, primitive roads, and associated parking lots and trail
heads. The BLM's Recreation Program is similar to those managed by the
USFS and the TVA. All three recreation programs (i.e., BLM, USFS, and
TVA) manage similar types of facilities, including roads, trails,
parking areas, trailheads, picnic areas, viewpoints, campgrounds, and
boat launch sites, and all three programs manage organized and
commercial recreation activities through specific authorization and
permit processes.
2. Rangeland Management
The BLM's Rangeland Management Program guides management of
rangelands through grazing management, vegetation treatments, soil
management, and rangeland health, as well as inventorying, controlling,
and managing noxious weeds and invasive species. The BLM currently
administers livestock grazing on 155 million of the 245 million acres
of public land under its jurisdiction through nearly 18,000 grazing
permits and leases that authorize approximately 12.3 million animal
unit months (AUMs) of grazing annually (2023 Public Land Statistics,
published August 2024). An AUM means the amount of forage necessary for
the sustenance of one cow/calf pair or its equivalent for a period of
one month. The BLM's Rangeland Management Program is similar to the one
managed by the USFS. Both Rangeland Management Programs manage
livestock grazing, vegetation treatments, soil management, and
rangeland health, as well as inventorying, controlling, and managing
noxious weeds and invasive species.
3. Rights-of-Way
The BLM Lands and Realty Program processes applications for rights-
of way or other land use authorizations that facilitate commercial,
non-commercial, recreational, and other activities to ensure that the
public lands are working landscapes managed for the use and enjoyment
of current and future generations, including for communication sites,
transmission lines, fiber optic infrastructure, and energy.
4. Mineral Materials
Mineral materials include natural resources, such as sand, gravel,
dirt, and rock, used in everyday building and other construction uses.
These materials generally are bulky and have low unit price. Their
sheer weight makes their transportation costs very high. Adequate local
supplies of these basic resources are vital to the economic life of any
community. The BLM's policy is to make these materials available to the
public and local governmental agencies whenever possible and wherever
environmentally acceptable.
5. Native American Graves Protection and Repatriation Act
The Native American Graves Protection and Repatriation Act of 1990,
(NAGPRA) provides a process for Federal agencies and museums that
receive Federal funds to repatriate or transfer certain Native American
cultural items--human remains, funerary objects, sacred objects and
objects of cultural patrimony--to lineal descendants, Indian Tribes,
Alaska Native Corporations, and Native Hawaiian organizations. NAGPRA
also provides a process for Federal agencies to address new discoveries
of Native American human remains, funerary objects, sacred objects, and
objects of cultural property intentionally excavated or inadvertently
discovered on Federal or Tribal lands.
National Environmental Policy Act and Categorical Exclusions
NEPA, as amended, 42 U.S.C. 4321-4347, 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 agencies consider the environmental effects
of their proposed actions in their decision-making processes and inform
and involve the public in that process. 42 U.S.C. 4331.
Under NEPA, a Federal agency can establish CXs--categories of
actions that normally do not have a significant effect on the human
environment and therefore do not require preparation of an
environmental assessment (EA) or an environmental impact statement
(EIS). 42 U.S.C. 4336e(1). These CXs are listed in an agency's NEPA
implementation procedures. In accordance with that agency's NEPA
procedures, if an agency determines that a CX covers a proposed action,
it then evaluates the proposed action to determine whether any
extraordinary circumstances that indicate the 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 CX to the proposed
action
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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'' or use another
agency's CX for a category of proposed agency actions. 42 U.S.C.
4336(c). To adopt another agency's CXs under section 109, the adopting
agency must identify the relevant CX listed in another 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 CX
for the relevant category of actions is appropriate; identify to the
public the CX that the adopting agency plans to use for its proposed
actions; and document adoption of the CX. 42 U.S.C. 4336(c). The BLM
has prepared this notice to describe how it has met applicable
statutory requirements for the adoption of 15 CXs, 36 CFR 220.6(d) (5)
and (12), 36 CFR 220.6(e) (1), (5), (9), (20), (21), (22) and (23), 516
Departmental Manual (DM) 14.5 D(9), 516 DM 9.5(P) and 18 CFR part 1318,
subpart C, appendix A, n. 17, 22, 23 and 34 and to notify the public.
The Department's NEPA procedures are codified at 43 CFR part 46.
These procedures address compliance with the NEPA. The Department's
protocol for application of CXs is at 43 CFR 46.205. The Department's
CXs available to all bureaus within the Department are listed in 43 CFR
46.210. Additional Department-wide NEPA policy is found in the DM, in
chapters 1 through 4 of part 516. Supplementary NEPA procedures for the
Department's bureaus are published in additional chapters in part 516
of the DM. Chapter 11 of the 516 DM covers the BLM's NEPA procedures
and the BLM CXs are listed in 516 DM 11.9.
Categorical Exclusions That Are Adopted
The BLM has identified the following USFS CX, found at 36 CFR
220.6(d)(5) which applies to repair and maintenance of recreation sites
and facilities. The BLM intends to rely on this CX to conduct, for
example and without limitation, the repair and maintenance of existing
recreation sites and facilities including application of pesticide
treatments, repairing vault toilets, and repairing and maintaining
campsites.
The BLM has identified the following USFS CX, found at 36 CFR
220.6(d)(12) which applies to issuance of a new authorization or
amendment of an existing authorization for recreation special uses. The
BLM intends to rely on this CX to issue, for example and without
limitation, a new Special Recreation Permit or amend an existing
Special Recreation Permit authorizing activities on existing roads,
trails, or facilities, or in an area where such activities are allowed,
for activities such as high school mountain bike races, competitive
motorcycle races, wagon train reenactments on designated roads or
trails, permits for shuttle operators, or use of existing facilities
and recreation sites for organized group activities and events.
The BLM has identified the following USFS CX, found at 36 CFR
220.6(e)(1) which applies to construction and reconstruction of trails.
The BLM intends to rely on this CX to authorize, for example and
without limitation, the construction and reconstruction of trails to
ensuring that access to toilets, picnic tables, and boat ramps
accommodates users of wheelchairs or other similar mobility assistance
devices.
The BLM has identified the following USFS CX, found at 36 CFR
220.6(e)(5) which applies to regeneration of an area to native tree
species. The BLM intends to rely on this CX to authorize, for example
and without limitation, the regeneration of areas to native tree
species including site preparation techniques such as prescribed fire,
soil scarification, and ripping or subsoiling. The BLM would not rely
on this CX for regeneration of plants other than trees.
BLM has identified the following USFS CX, found at 36 CFR
220.6(e)(9) which applies to implementation or modification of minor
management practices to improve allotment condition or animal
distribution. The BLM intends to rely on this CX to authorize minor
management practices to improve allotment conditions or animal
distribution when an allotment management plan is not in place,
including but limited to, revegetation, adding or moving a water
facility, consistent with the examples provided in the CX text.
BLM has identified the following USFS CX, found at 36 CFR
220.6(e)(20) which applies to activities that restore, rehabilitate, or
stabilize lands occupied by roads and trails. The BLM intends to rely
on this CX to authorize, for example and without limitation, actions
that restore, rehabilitate, and stabilize lands associated with roads
and trails, including installing features such as boulders and logs to
promote revegetation, reestablishing natural drainage, stabilizing
slopes, and installing water bars.
BLM has identified the following USFS CX, found at 36 CFR
220.6(e)(21) which applies to construction, reconstruction,
decommissioning, relocation, or disposal of buildings, infrastructure,
or other improvements at an existing administrative site. The BLM
intends to rely on this CX to authorize, for example and without
limitation, activities including the removal, construction,
reconstruction, decommissioning, relocation, or disposal of buildings,
infrastructure, or other improvements at an existing administrative
site.
BLM has identified the following USFS CX, found at 36 CFR
220.6(e)(22) which applies to construction, reconstruction,
decommissioning, or disposal of buildings, infrastructure, or
improvements at an existing recreation site. The BLM intends to rely on
this CX when authorizing, for example and without limitation, the
construction, reconstruction, decommissioning, or disposal of
buildings, infrastructure, or improvements at an existing recreation
site, or infrastructure or improvements that are adjacent or connected
to an existing recreation site and provide access or utilities for that
site including construction, reconstruction, or decommissioning of
toilets, camps sites, parking areas, and roads.
BLM has identified the following USFS CX, found at 36 CFR
220.6(e)(23) which applies to road management activities on up to 8
miles of NFS roads and associated parking areas. The BLM intends to
rely on this CX to authorize, for example and without limitation,
repair, rehabilitation, and providing safety improvements for roads and
associated features on the BLM managed public land including
installation of pull outs, shoulders, and bridges.
Consistent with 36 CFR 220.6(e), the USFS, when relying on these
CXs, develops a supporting record and a decision memo. The
documentation the BLM will develop when it relies on one of these
adopted CXs will be similar to USFS documentation and the BLM will
publish the documentation on its publicly available National NEPA
Register (https://eplanning.blm.gov/eplanning-ui/home).
The BLM has identified the following BOR CX, found at 516 DM 14.5
D(9), which applies to issuance of permits for removal of gravel or
sand. Consistent with the CX text, the BLM intends to rely on the CX to
support approval of the issuance of permits to remove sand and gravel
from existing quarries, mines, or pits.
The BLM has identified the following USGS CX, found at 516 DM
9.5(P) which applies to minor activities required to gain or prepare
access to sites for exploration drilling operations. The BLM intends to
rely on the CX to
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prepare access to conduct exploratory drilling or construction of a
station for geologic, hydrologic, and geophysical data collection. The
CX is limited to minor activities relating to accessing the site and
does not include exploratory drilling or station construction.
The BLM has identified the following TVA CX, found at 18 CFR part
1318, subpart C, appendix A, n. 17 which applies to routine
modification, repair, maintenance, and minor upgrade of, and addition
to, existing transmission infrastructure. The BLM intends to rely on
the CX to authorize activities, for example and without limitation,
powerline modification, repair, maintenance, minor upgrade, or addition
to, existing transmission infrastructure and construction of roads
outside a right-of way that are up to one mile long, consistent with
the examples listed in the CX text.
The BLM has identified the following TVA CX, found at 18 CFR part
1318, subpart C, appendix A, n. 22 which applies to development of
dispersed recreation sites. The BLM intends to rely on the CX to
support the development of dispersed recreation sites of less than 10
acres, for example and without limitation, installation and
construction of trails, access improvements, dispersed camp sites, and
fencing.
The BLM has identified the following TVA CX, found at 18 CFR part
1318, subpart C, appendix A, n. 23 which applies to development of
public use areas. The BLM intends to rely on the CX to construct public
use sites such as developed recreation sites smaller than 10 acres, for
example and without limitation, boat ramps, stream access, camp sites,
parking lots, and access roads.
The BLM has identified the following TVA CX, found at 18 CFR part
1318, subpart C, appendix A, n. 34 which applies to reburial of human
remains and funerary objects. The BLM intends to rely on the CX to
rebury human remains and funerary objects discovered after the
enactment of NAGPRA on BLM-managed public land.
Consultation With USFS, USGS, BOR and TVA and Determination of
Appropriateness
The BLM consulted with USFS, USGS, BOR and TVA on the
appropriateness of the adoption of the CXs for the BLM's use in October
2024. The consultations included a review of USFS's, USGS's, BOR's, and
TVA's experiences developing and applying the CXs, as well as the types
of actions for which the BLM plans to rely on the CXs. The USFS, TVA,
and the BLM discussed that USFS's, TVA's, and the BLM authorized
trails, roads, recreation sites, and associated land use authorizations
are similar in type and scope. The other types of the BLM actions are
also similar in type and scope to the actions that USFS, USGS, BOR, and
TVA conduct in reliance on CXs. Therefore, the effects of the BLM's
actions are expected to be similar to the effects of USFS, USGS, BOR,
and TVA actions, which are not significant, absent the presence of
extraordinary circumstances that could involve potentially significant
effects. The Department has determined that adoption of the CXs for the
BLM's use as described in this notice is appropriate.
Consideration of Extraordinary Circumstances
In consultations with USFS, USGS, BOR, and TVA, the BLM evaluated
the extraordinary circumstances to be considered when applying these
CXs. When applying these CXs, responsible officials within the BLM will
evaluate proposed actions covered by the CXs to determine whether any
extraordinary circumstances are present. The Department's extraordinary
circumstances are listed at 43 CFR 46.215 and include, in part,
consideration of impacts on public health and safety; natural
resources; unique geographic characteristics; historic or cultural
resources; park, recreation, or refuge lands; wilderness areas; wild or
scenic rivers; national natural landmarks; sole or principal drinking
water aquifers; prime farmlands; wetlands; floodplains; national
monuments; migratory birds; other ecologically significant or critical
areas; unresolved conflicts concerning alternative uses of available
resources; unique or unknown environmental risks; precedent for future
decision-making; historic properties; listed species or critical
habitat; access by Indian religious practitioners to, and for
ceremonial use of, Indian sacred sites and the physical integrity of
those sites; and contribution to the introduction, continued existence,
or spread of invasive weeds or non-native invasive species. The
Department's list of extraordinary circumstances addresses issues also
identified by the USFS and found at 36 CFR. 220.6 and by the TVA found
at 18 CFR 1318.201 and therefore, responsible officials in the BLM
intending to rely on these CXs will review whether the proposed action
has the potential to result in significant effects as described in the
Department's extraordinary circumstances. Because the BLM, BOR, and
USGS are bureaus within the Department, the same extraordinary
circumstances are used for all three bureaus. The responsible official
will assess whether an extraordinary circumstance is present. If the
responsible official cannot rely on a CX to support a decision to
authorize or take a particular proposed action due to the presence of
one or more extraordinary circumstances, the proposed action must be
analyzed in an EA or EIS before a decision is made authorizing the
action, consistent with and 43 CFR 46.205(c).
Notice to the Public and Documentation of Adoption
This notice identifies to the public the BLM's adoption of the
USFS's, USGS's, BOR's, and TVA's CXs for the BLM's use. The notice
identifies the types of actions to which the BLM would apply the CXs.
The documentation of the adoption will also be available at http://www.blm.gov/programs/planning-and-nepa/what-informs-our-plans/nepa and
at https://www.doi.gov/oepc/nepa/categorical-exclusions. The BLM will
add the adopted CXs to the BLM's NEPA DM Chapter in 516 DM 11.
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. 2025-11935 Filed 6-26-25; 8:45 am]
BILLING CODE 4331-27-P