Department of the Interior October 8, 2010 – Federal Register Recent Federal Regulation Documents

The Bureau of Indian Affairs (BIA), as lead agency, and the National Indian Gaming Commission, the City of Calexico, and the Manzanita Band of Kumeyaay Indians as cooperating agencies, intend to file a Draft Environmental Impact Statement (DEIS) with the Environmental Protection Agency (EPA) for the Tribe's proposed 60.8- acre fee-to-trust transfer and casino project to be located in Calexico, California, and that the DEIS is now available for public review and comment. This notice provides a 75-day public comment period, which adds a 30-day extension to the normal 45-day public comment period.

The Department of the Interior (DOI), Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) is announcing its intent to conduct a broad review of its categorical exclusions (CEs) for Outer Continental Shelf (OCS) decisions. This review is being conducted in accordance with section 102 of the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4332; the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, 40 CFR parts 1500-1508 (Nov. 1978); the CEQ Draft Guidance on Establishing and Applying Categorical Exclusions under NEPA (February 18, 2010); and consistent with recommendations provided by CEQ in their ``Report Regarding the Minerals Management Service's National Environmental Policy Act Policies, Practices, and Procedures as They Relate to Outer Continental Shelf Oil and Gas Exploration and Development'' (August 16, 2010). Furthermore, this notice provides the public an opportunity to comment on the issues that should be addressed by BOEMRE during the review of its CEs and their application to OCS decisionmaking. The BOEMRE will use and coordinate a commenting process to ensure public involvement. Authority: The National Environmental Policy Act (NEPA) of 1969, as amended, established a national policy to protect the environment and also established the President's Council on Environmental Quality (CEQ). CEQ regulations at 40 CFR 1507.3 require Federal agencies to adopt procedures to implement NEPA, to consult with CEQ during their development, to provide an opportunity for public review, and to revise procedures as necessary to ensure full compliance with the purposes and provisions of the Act. The CEQ regulations are available at https:// ceq.hss.doe.gov/nepa/regs/ceq/tocceq.htm. The Department of the Interior NEPA procedures were promulgated as regulations and published in the Federal Register on October 15, 2008 (73 FR 61292). They can be found at (https://www.doi.gov/oepc/nepafr/ docs/Federal%20Register%20October%2015,%202008%20NEPA.pdf). These regulations identify categories of actions taken throughout the Department that under normal circumstances do not have, and are not expected to have, significant individual or cumulative environmental impacts; therefore, the Bureau is not required to prepare an environmental assessment or environmental impact statement. These regulations also identify the extraordinary circumstances which nullify the use of the CE in particular circumstances. The CEQ regulations define ``categorical exclusion'' at 40 CFR 1508.4: