National Environmental Policy Act: Implementing Procedures; Addition to Categorical Exclusions for Bureau of Indian Affairs (516 DM 10), 26314-26315 [2012-10696]
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wreier-aviles on DSK7SPTVN1PROD with NOTICES
Totals ...
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
Form name
Number of
respondents
Avg. burden
per hour per
resp.
Resp. per
annum
Annual burden hours
Avg. hourly
cost per
resp.
Annual cost
Master Lease Estoppel
Agreement.
30
5.83
175
0.50
87
217
18,948
Master Tenant Security
Agreement.
30
5.83
175
1.00
175
217
37,895
100
2
200
0.75
150
275
41,250
Counsels Opinion Instructions.
35
10
350
2.00
700
217
151,667
Opinion of Borrower’s
Counsel Certification—
Exhibit A.
35
10
350
2.00
700
217
151,667
Guide for Opinion of Borrower’s Counsel.
35
10
350
2.00
700
217
151,667
Guide for Opinion of Operator’s Counsel and
Certification.
30
6.5
195
3.00
585
200
117,000
5115
708
23958
855
51,868
15,252
4,966,799
Operator Estoppel Certificate.
.........................................
In accordance with 5 CFR
1320.8(d)(1), HUD is soliciting
comments from members of the public
and affected agencies concerning the
proposed collection of information to:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated collection
techniques or other forms of information
technology, e.g., permitting electronic
submission of responses.
Interested persons are invited to
submit comments regarding the
information collection requirements in
this proposal. Comments must be
received by July 2, 2012. Comments
must refer to the proposal by name and
docket number (FR–5354–N–01) and
must be sent to:
HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503, Fax number: (202) 395–6947,
and Colette Pollard, Office of the Chief
Information Officer, Department of
Housing and Urban Development, 451
VerDate Mar<15>2010
Freq. of
resp.
15:32 May 02, 2012
Jkt 226001
Seventh Street SW., Room 4178,
Washington, DC 20410.
DATES:
IV. Solicitation of Public Comments
ADDRESSES:
HUD welcomes public comments
from industry and other interested
members of the public on this most
recent issuance of revised documents,
posted at: www.hud.gov/232forms.
Dated: April 12, 2012.
Carol J. Galante,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2012–10687 Filed 5–2–12; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
National Environmental Policy Act:
Implementing Procedures; Addition to
Categorical Exclusions for Bureau of
Indian Affairs (516 DM 10)
Department of the Interior.
Notice.
AGENCY:
ACTION:
This notice announces a
proposed addition to the categorical
exclusions included in the
Departmental Manual 516 DM 10. The
proposed categorical exclusion pertains
to the leasing and funding for singlefamily homesites on Indian land,
including associated improvements and
easements, which encompass five acres
or less of contiguous land.
SUMMARY:
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
Comments are due by June 4,
2012.
Send comments to Marvin
Keller, NEPA Coordinator—Indian
Affairs, 2051 Mercator Drive, Reston,
VA 20191, email: Marv.Keller@bia.gov.
FOR FURTHER INFORMATION CONTACT:
Marvin Keller, NEPA Coordinator—
Indian Affairs, (703) 390–6470.
SUPPLEMENTARY INFORMATION:
Background
The National Environmental Policy
Act (NEPA) requires Federal agencies to
consider the potential environmental
consequences of their decisions before
deciding whether and how to proceed.
The Council on Environmental Quality
encourages Federal agencies to use
categorical exclusions to protect the
environment more efficiently by; (a)
reducing the resources spent analyzing
proposals which generally do not have
potentially significant environmental
impacts, and (b) focusing resources on
proposals that may have significant
environmental impacts. The appropriate
use of categorical exclusions allow the
NEPA review to be concluded without
preparing either an Environmental
Assessment (EA) or an Environmental
Impact Statement (EIS) (40 CFR
1500.4(p) and 40 CFR 1508.4).
The need for adequate housing is
critical on most Indian reservations.
Several hundred actions associated with
new home construction are processed
each year and this is expected to
continue at the same level. The Bureau
E:\FR\FM\03MYN1.SGM
03MYN1
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
of Indian Affairs (BIA) has typically
conducted NEPA reviews of actions
associated with single-family homes by
preparing EAs; the addition of a
categorical exclusion to cover these
actions will allow for a more efficient
NEPA review.
wreier-aviles on DSK7SPTVN1PROD with NOTICES
Proposed Categorical Exclusion
The Department of the Interior
proposes to add a categorical exclusion
to the Departmental Manual at 516 DM
10.5 for approval of leases or funds for
single-family homesites, including
associated improvements and easements
on Indian land. This category includes
Federal actions that may include BIA
lease approval or funding for a singlefamily homesite, which would include
a residence with one to four dwelling
units, as well as other improvements
such as a garage, barn or corral. In
addition to building construction,
associated easements may also need BIA
approval on adjacent lands for an access
road and utilities, such as gas, electric
and fiber optics. The categorical
exclusion would be limited to singlefamily homesites where the total area to
be disturbed by construction of homes,
associated structures, and related
easements must be five acres or less; do
not adversely affect any tribal cultural
resources or historic properties; and are
in compliance with applicable federal
and tribal laws. As a final review, each
proposed approval of a lease or funding
for a single-family homesite must also
be reviewed for extraordinary
circumstances that would preclude use
of this categorical exclusion. The
Department’s list of extraordinary
circumstances under which a normally
excluded action would require further
analysis and documentation in an EA or
EIS is found at 43 CFR 46.215.
Analysis
The intent of this categorical
exclusion is to improve the efficiency of
a routine environmental review process
for approval of new home construction
on Indian land. The BIA environmental
staff: (1) Reviewed other agencies’ NEPA
procedures to determine if similar
categorical exclusions were in effect; (2)
reviewed EAs of homesites previously
prepared by BIA to verify that no
significant impacts had been identified;
and (3) conducted a post-construction
reviews of individual homesites to
determine if any unanticipated impacts
had occurred as a result of house
construction.
The BIA reviewed other agencies’
NEPA procedures and identified
comparable categorical exclusions
currently used by the Department of the
Army, Indian Health Service, and Rural
VerDate Mar<15>2010
15:32 May 02, 2012
Jkt 226001
Development Program. These
categorical exclusions are comparable
because they are for structures that
provide housing or office space; they
have a size limitation on the area to be
disturbed; they are not restricted to an
environmental setting or geographic
region of the country; and they are
subject to review for extraordinary
circumstances.
On Indian reservations across the
country, the BIA and tribal
environmental staff routinely conduct
NEPA analysis of single-family
homesites by preparing EAs. These EAs,
which have been prepared over the
years in a variety of environmental and
geographic areas, consistently result in
Findings of No Significant Impact
(FONSI).
To verify these findings the BIA
environmental professionals reviewed
159 EAs completed between 2009 and
2011 that covered 643 individual
homesites. These EAs ranged in scope
from a single homesite to a
programmatic EA covering over 100
scattered homesites. The review
confirmed that FONSIs were reached in
all cases. The BIA environmental
professionals also conducted postconstruction reviews on 117 homesites
where construction had already
occurred. No unanticipated
environmental effects were identified in
any of these areas, and the conclusions
of the original EAs and FONSIs were
confirmed. The most typical site
specific mitigation measures that
limited site selections involved
modifying or moving the location of the
homesite lease in order avoid cultural
resources or historic properties. The
analysis conducted by BIA
environmental staff concluded that a
sufficient administrative record exists to
demonstrate the construction of
scattered homesites would normally not
have a significant impact on the human
environment, with the following
limitations: The area of disturbance of
the home site and any associated
facilities must have a five acre
limitation; and each homesite must be
reviewed for extraordinary
circumstances, which not only includes
a review for historic properties and
other relevant federal and tribal laws,
but also the effect to other resources
such as wetlands, and endangered
species. The review for extraordinary
circumstances, which BIA normally
conducts for all categorical exclusions,
insures that measures would continue to
be taken to identify and reduce any
significant impacts.
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
26315
Public Comments
To be considered, any comments on
this proposed addition to the list of
categorical exclusions in the
Departmental Manual must be received
by the date listed in the DATES section
of this notice at the location listed in the
ADDRESSES section. Comments received
after that date will be considered only
to the extent practicable. Comments,
including names and addresses of
respondents, will be part of the public
record and available for public review at
the BIA address shown in the
ADDRESSES section, during business
hours, 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. Before
including your address, telephone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Text of Proposed Addition to 516 DM
10
10.5 Categorical Exclusions
M. Other.
(7) Approval of leases, easements or
funds for single-family homesites and
associated improvements, including but
not limited to homes, outbuildings,
access roads, and utility lines, which
encompass five (5) acres or less of
contiguous land, provided that such
sites and associated improvements do
not adversely affect any tribal cultural
resources or historic properties and are
in compliance with applicable federal
and tribal laws.
Dated: April 20, 2012.
Willie R. Taylor,
Director, Office of Environmental Policy and
Compliance.
[FR Doc. 2012–10696 Filed 5–2–12; 8:45 am]
BILLING CODE 4310–W7–P
DEPARTMENT OF THE INTERIOR
[Docket No. ONRR–2012–0003]
U.S. Extractive Industries
Transparency Initiative Stakeholder
Assessment and Multi-Stakeholder
Group Options
Office of the Secretary, Interior.
Notice.
AGENCY:
ACTION:
The U.S. Department of the
Interior (Interior) has retained an
independent facilitator, the Consensus
SUMMARY:
E:\FR\FM\03MYN1.SGM
03MYN1
]]>Agencies
[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Notices]
[Pages 26314-26315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10696]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
National Environmental Policy Act: Implementing Procedures;
Addition to Categorical Exclusions for Bureau of Indian Affairs (516 DM
10)
AGENCY: Department of the Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces a proposed addition to the categorical
exclusions included in the Departmental Manual 516 DM 10. The proposed
categorical exclusion pertains to the leasing and funding for single-
family homesites on Indian land, including associated improvements and
easements, which encompass five acres or less of contiguous land.
DATES: Comments are due by June 4, 2012.
ADDRESSES: Send comments to Marvin Keller, NEPA Coordinator--Indian
Affairs, 2051 Mercator Drive, Reston, VA 20191, email:
Marv.Keller@bia.gov.
FOR FURTHER INFORMATION CONTACT: Marvin Keller, NEPA Coordinator--
Indian Affairs, (703) 390-6470.
SUPPLEMENTARY INFORMATION:
Background
The National Environmental Policy Act (NEPA) requires Federal
agencies to consider the potential environmental consequences of their
decisions before deciding whether and how to proceed. The Council on
Environmental Quality encourages Federal agencies to use categorical
exclusions to protect the environment more efficiently by; (a) reducing
the resources spent analyzing proposals which generally do not have
potentially significant environmental impacts, and (b) focusing
resources on proposals that may have significant environmental impacts.
The appropriate use of categorical exclusions allow the NEPA review to
be concluded without preparing either an Environmental Assessment (EA)
or an Environmental Impact Statement (EIS) (40 CFR 1500.4(p) and 40 CFR
1508.4).
The need for adequate housing is critical on most Indian
reservations. Several hundred actions associated with new home
construction are processed each year and this is expected to continue
at the same level. The Bureau
[[Page 26315]]
of Indian Affairs (BIA) has typically conducted NEPA reviews of actions
associated with single-family homes by preparing EAs; the addition of a
categorical exclusion to cover these actions will allow for a more
efficient NEPA review.
Proposed Categorical Exclusion
The Department of the Interior proposes to add a categorical
exclusion to the Departmental Manual at 516 DM 10.5 for approval of
leases or funds for single-family homesites, including associated
improvements and easements on Indian land. This category includes
Federal actions that may include BIA lease approval or funding for a
single-family homesite, which would include a residence with one to
four dwelling units, as well as other improvements such as a garage,
barn or corral. In addition to building construction, associated
easements may also need BIA approval on adjacent lands for an access
road and utilities, such as gas, electric and fiber optics. The
categorical exclusion would be limited to single-family homesites where
the total area to be disturbed by construction of homes, associated
structures, and related easements must be five acres or less; do not
adversely affect any tribal cultural resources or historic properties;
and are in compliance with applicable federal and tribal laws. As a
final review, each proposed approval of a lease or funding for a
single-family homesite must also be reviewed for extraordinary
circumstances that would preclude use of this categorical exclusion.
The Department's list of extraordinary circumstances under which a
normally excluded action would require further analysis and
documentation in an EA or EIS is found at 43 CFR 46.215.
Analysis
The intent of this categorical exclusion is to improve the
efficiency of a routine environmental review process for approval of
new home construction on Indian land. The BIA environmental staff: (1)
Reviewed other agencies' NEPA procedures to determine if similar
categorical exclusions were in effect; (2) reviewed EAs of homesites
previously prepared by BIA to verify that no significant impacts had
been identified; and (3) conducted a post-construction reviews of
individual homesites to determine if any unanticipated impacts had
occurred as a result of house construction.
The BIA reviewed other agencies' NEPA procedures and identified
comparable categorical exclusions currently used by the Department of
the Army, Indian Health Service, and Rural Development Program. These
categorical exclusions are comparable because they are for structures
that provide housing or office space; they have a size limitation on
the area to be disturbed; they are not restricted to an environmental
setting or geographic region of the country; and they are subject to
review for extraordinary circumstances.
On Indian reservations across the country, the BIA and tribal
environmental staff routinely conduct NEPA analysis of single-family
homesites by preparing EAs. These EAs, which have been prepared over
the years in a variety of environmental and geographic areas,
consistently result in Findings of No Significant Impact (FONSI).
To verify these findings the BIA environmental professionals
reviewed 159 EAs completed between 2009 and 2011 that covered 643
individual homesites. These EAs ranged in scope from a single homesite
to a programmatic EA covering over 100 scattered homesites. The review
confirmed that FONSIs were reached in all cases. The BIA environmental
professionals also conducted post-construction reviews on 117 homesites
where construction had already occurred. No unanticipated environmental
effects were identified in any of these areas, and the conclusions of
the original EAs and FONSIs were confirmed. The most typical site
specific mitigation measures that limited site selections involved
modifying or moving the location of the homesite lease in order avoid
cultural resources or historic properties. The analysis conducted by
BIA environmental staff concluded that a sufficient administrative
record exists to demonstrate the construction of scattered homesites
would normally not have a significant impact on the human environment,
with the following limitations: The area of disturbance of the home
site and any associated facilities must have a five acre limitation;
and each homesite must be reviewed for extraordinary circumstances,
which not only includes a review for historic properties and other
relevant federal and tribal laws, but also the effect to other
resources such as wetlands, and endangered species. The review for
extraordinary circumstances, which BIA normally conducts for all
categorical exclusions, insures that measures would continue to be
taken to identify and reduce any significant impacts.
Public Comments
To be considered, any comments on this proposed addition to the
list of categorical exclusions in the Departmental Manual must be
received by the date listed in the DATES section of this notice at the
location listed in the ADDRESSES section. Comments received after that
date will be considered only to the extent practicable. Comments,
including names and addresses of respondents, will be part of the
public record and available for public review at the BIA address shown
in the ADDRESSES section, during business hours, 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. Before including your address,
telephone number, email address, or other personal identifying
information in your comment, you should be aware that your entire
comment--including your personal identifying information--may be made
publicly available at any time. While you can ask us in your comment to
withhold your personal identifying information from public review, we
cannot guarantee that we will be able to do so.
Text of Proposed Addition to 516 DM 10
10.5 Categorical Exclusions
M. Other.
(7) Approval of leases, easements or funds for single-family
homesites and associated improvements, including but not limited to
homes, outbuildings, access roads, and utility lines, which encompass
five (5) acres or less of contiguous land, provided that such sites and
associated improvements do not adversely affect any tribal cultural
resources or historic properties and are in compliance with applicable
federal and tribal laws.
Dated: April 20, 2012.
Willie R. Taylor,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2012-10696 Filed 5-2-12; 8:45 am]
BILLING CODE 4310-W7-P
