National Environmental Policy Act: Implementing Procedures; Addition to Categorical Exclusions for Bureau of Indian Affairs, 47862-47864 [2012-19648]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 47862 Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Notices Federal property. This Notice is also published in order to comply with the December 12, 1988 Court Order in National Coalition for the Homeless v. Veterans Administration, No. 88–2503– OG (D.D.C.). Properties reviewed are listed in this Notice according to the following categories: Suitable/available, suitable/ unavailable, suitable/to be excess, and unsuitable. The properties listed in the three suitable categories have been reviewed by the landholding agencies, and each agency has transmitted to HUD: (1) Its intention to make the property available for use to assist the homeless, (2) its intention to declare the property excess to the agency’s needs, or (3) a statement of the reasons that the property cannot be declared excess or made available for use as facilities to assist the homeless. Properties listed as suitable/available will be available exclusively for homeless use for a period of 60 days from the date of this Notice. Where property is described as for ‘‘off-site use only’’ recipients of the property will be required to relocate the building to their own site at their own expense. Homeless assistance providers interested in any such property should send a written expression of interest to HHS, addressed to Theresa Ritta, Division of Property Management, Program Support Center, HHS, room 5B–17, 5600 Fishers Lane, Rockville, MD 20857; (301) 443–2265. (This is not a toll-free number.) HHS will mail to the interested provider an application packet, which will include instructions for completing the application. In order to maximize the opportunity to utilize a suitable property, providers should submit their written expressions of interest as soon as possible. For complete details concerning the processing of applications, the reader is encouraged to refer to the interim rule governing this program, 24 CFR part 581. For properties listed as suitable/to be excess, that property may, if subsequently accepted as excess by GSA, be made available for use by the homeless in accordance with applicable law, subject to screening for other Federal use. At the appropriate time, HUD will publish the property in a Notice showing it as either suitable/ available or suitable/unavailable. For properties listed as suitable/ unavailable, the landholding agency has decided that the property cannot be declared excess or made available for use to assist the homeless, and the property will not be available. Properties listed as unsuitable will not be made available for any other VerDate Mar<15>2010 18:02 Aug 09, 2012 Jkt 226001 purpose for 20 days from the date of this Notice. Homeless assistance providers interested in a review by HUD of the determination of unsuitability should call the toll free information line at 1– 800–927–7588 for detailed instructions or write a letter to Ann Marie Oliva at the address listed at the beginning of this Notice. Included in the request for review should be the property address (including zip code), the date of publication in the Federal Register, the landholding agency, and the property number. For more information regarding particular properties identified in this Notice (i.e., acreage, floor plan, existing sanitary facilities, exact street address), providers should contact the appropriate landholding agencies at the following addresses: COE: Mr. Scott Whiteford, Army Corps of Engineers, Real Estate, CEMP–CR, 441 G Street NW., Washington, DC 20314; (202) 761– 5542; GSA: Mr. Flavio Peres, General Services Administration, Office of Real Property Utilization and Disposal, 1800 F Street NW., Room 7040 Washington, DC 20405, (202) 501–0084; NAVY: Mr. Steve Matteo, Department of the Navy, Asset Management Division, Naval Facilities Engineering Command, Washington Navy Yard, 1330 Patterson Ave. SW., Suite 1000, Washington, DC 20374; (202) 685–9426; (These are not toll-free numbers). Dated: August 2, 2012. Ann Marie Oliva, Deputy Assistant Secretary for Special Needs (Acting). Landholding Agency: Navy Property Number: 77201230007 Status: Excess Directions: 10636, 10852, 10972, 12150, 12152, 13061, 16081, 16098 Comments: Located w/in secured boundary of military reservation; no public access & no alternative method to gain access w/out comprising nat’l security Reasons: Secured Area Ohio Washington County Memorial U.S. Army Reserve Center Marietta OH 45750 Landholding Agency: GSA Property Number: 54201230005 Status: Excess GSA Number: 1–D–OH–846 Comments: Triad Hunter Co. located within 2,000 ft. of property; company is in the oil and gas exploration business; 300–500 gal above ground tanks on co. grounds contain diesel fuel for their off road vehicles Reasons: Within 2000 ft. of flammable or explosive material Pennsylvania Building 208 Naval Support Activity Mechanicsburg PA Landholding Agency: Navy Property Number: 77201230008 Status: Excess Comments: Public access denied & no alternative method to gain access w/ out comprising nat’l security Reasons: Secured Area [FR Doc. 2012–19327 Filed 8–9–12; 8:45 am] Title V, Federal Surplus Property Program Federal Register Report for 08/ 10/2012 BILLING CODE 4210–67–P Suitable/Available Properties DEPARTMENT OF THE INTERIOR Building Office of the Secretary Oklahoma National Environmental Policy Act: Implementing Procedures; Addition to Categorical Exclusions for Bureau of Indian Affairs 5 Buildings RS Kerr Lake Sallisaw OK 74955 Landholding Agency: COE Property Number: 31201230002 Status: Underutilized Directions: 42863, 42857, 42858, 42859, 42860 Comments: Off-site removal only; 264 sf.; use: vault toilet; excessive vegetation; severe damage from vandals Unsuitable Properties Building California 8 Buildings 1 Administration Circle China Lake CA 93555 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 Department of the Interior. Notice of Final National Environmental Policy Act Implementing Procedures. AGENCY: ACTION: This notice announces the addition of a new categorical exclusion under the National Environmental Policy Act (NEPA) to be 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: E:\FR\FM\10AUN1.SGM 10AUN1 Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Notices Effective Date: The categorical exclusion is effective August 10, 2012. ADDRESSES: To obtain a copy of the new categorical exclusion contact Marvin Keller, NEPA Coordinator—Indian Affairs, 12220 Sunrise Valley Drive, Reston, VA 20191, email: Marv.Keller@bia.gov. FOR FURTHER INFORMATION CONTACT: Marvin Keller, NEPA Coordinator— Indian Affairs, (703) 390–6470. SUPPLEMENTARY INFORMATION: DATES: mstockstill on DSK4VPTVN1PROD with NOTICES Background 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 of Indian Affairs (BIA) has typically conducted NEPA reviews of actions associated with single-family homes by preparing environmental assessments which resulted in Findings of No Significant Impact. The addition of a categorical exclusion to cover the actions associated with new home construction will allow for a more efficient NEPA review. Because this categorical exclusion has important implications for actions occurring daily on Indian lands, the BIA initiated consultation and requested comments from all federally recognized tribes. This consultation period began on March 7, 2012, and concluded on May 14, 2012. Public comments were also solicited through a notice placed in the Federal Register on May 3, 2012 [77 FR 26314]. The proposed language for the categorical exclusion as set out in the notice was as follows: ‘‘Approval of leases, easements or funds for singlefamily 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.’’ Comments on the Proposal The BIA received responses from 14 tribes and one tribal organization. No public responses were received. The responses were in the form of letters and email messages. All responses supported the proposed categorical exclusion; a few suggested minor changes in the language of the categorical exclusion. Comment: One respondent expressed a concern about neighboring tribes or VerDate Mar<15>2010 18:02 Aug 09, 2012 Jkt 226001 tribal members constructing homes within their reservation without complying with the tribe’s laws. The respondent suggested that the categorical exclusion should not be available for non-members or outside tribes to construct homes on another tribe’s lands. Response: The categorical exclusion is intended to be applicable to all tribes and tribal members who propose to construct single-family homes on tribal land or individually-owned Indian land. However, the proposed text of the categorical exclusion includes specific language that references ‘‘compliance with federal and tribal laws;’’ therefore, this categorical exclusion could not be used for any home construction that does not comply with tribal law. The BIA does not propose any additional changes to the language of the categorical exclusion in response to this comment. Comment: One respondent expressed concern that because of a decrease in funds for the BIA Housing Improvement Program (HIP) the categorical exclusion would not be effective. Response: The HIP funding levels are outside the scope of this proposal. However, the categorical exclusion is intended to address all BIA actions associated with constructing singlefamily homes and includes actions not associated with HIP funding. Comment: A respondent suggested that the categorical exclusion should include Housing and Urban Development (HUD) approved housing activities. Response: The BIA categorical exclusion can only apply to BIA actions and cannot apply to another agency such as HUD. The proposed BIA categorical exclusion is intended to be consistent with HUD’s existing categorical exclusions, so that the level of environmental review will be similar. Comment: A respondent suggested that since the categorical exclusion is intended to include new construction this term should be added to the text. Response: The BIA agrees, and text of the categorical exclusion has been changed to clearly indicate that it includes new construction as intended. Comment: A respondent noted that the BIA Federal Register notice indicates a single-family homesite may include one to four dwelling units, but the number of dwelling units is not referenced in the text of the categorical exclusion. It was suggested that the number of dwelling units should be referenced, and that, because the key factors limiting the use of the categorical exclusion should be the area of land affected (five acres) and the absence of PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 47863 any extraordinary circumstances, it should not matter whether the limit of four dwelling units are in a single building, two duplexes or four detached units. Response: The BIA agrees the categorical exclusion should be clearly defined as including one to four dwelling units as intended. The BIA also believes that the categorical exclusion should be flexible enough to include a range of housing options. We therefore added text to the categorical exclusion to clarify that home construction may include up to four dwelling units, whether in a single building or up to four separate buildings. This clarification will also ensure the categorical exclusion is consistent with HUD’s existing categorical exclusion [24 CFR 58.35(a)(4)(i)]. Comment: One respondent asked for clarification as to who would have approval authority for the categorical exclusion: the agency superintendent or a compacted self-governance tribe. Response: Because the Federal government is responsible for complying with NEPA, the approval authority for the categorical exclusion is with the BIA responsible official. Tribes can prepare the supporting NEPA documentation, but the approval must remain with the BIA. Conclusion The Department of the Interior and the BIA find that the action defined in the categorical exclusion presented at the end of this notice does not individually or cumulatively have a significant effect on the human environment. This finding is based on the analysis of similar categorical exclusions used by other Federal departments and agencies; the professional judgment of BIA environmental personnel who had conducted environmental reviews of similar actions, which resulted in Findings of No Significant Impact; and the post-construction monitoring of homesites by environmental personnel that verified no unforeseen effects had occurred. Categorical Exclusion The Department of the Interior will add the following categorical exclusion to the Departmental Manual at 516 DM 10.5: Approvals of leases, easements or funds for single family homesites and associated improvements, including, but not limited to, construction of homes, outbuildings, access roads, and utility lines, which encompass five acres or less of contiguous lands, provided that such sites and associated E:\FR\FM\10AUN1.SGM 10AUN1 47864 Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Notices improvements do not adversely affect any tribal cultural resources or historic properties and are in compliance with applicable Federal and tribal laws. Home construction may include up to four dwelling units, whether in a single building or up to four separate buildings. Dated: August 3, 2012. Willie R. Taylor, Director, Office of Environmental Policy and Compliance. [FR Doc. 2012–19648 Filed 8–9–12; 8:45 am] BILLING CODE 4310–W7–P DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement Ocean Energy Safety Advisory Committee (OESC); Notice of Meeting Bureau of Safety and Environmental Enforcement (BSEE), Interior. ACTION: Notice of meeting. AGENCY: OESC will meet at the Anchorage Marriott Downtown Hotel in Anchorage, Alaska. DATES: Wednesday, August 29, 2012, from 8 a.m. to 5 p.m. and Thursday, August 30, 2012, from 8 a.m. to 1 p.m. ADDRESSES: Anchorage Marriott Downtown Hotel, 820 West 7th Avenue, Anchorage, Alaska 99501. FOR FURTHER INFORMATION CONTACT: Mr. Joseph R. Levine at the Bureau of Safety and Environmental Enforcement, 381 Elden Street, Herndon, Virginia 20170– 4187. He can be reached by telephone at (703) 787–1033 or by electronic mail at joseph.levine@bsee.gov. SUPPLEMENTARY INFORMATION: OESC consists of representatives from industry, Federal Government agencies, non-governmental organizations, and the academic community. It provides policy advice to the Secretary of the Interior through the Director of BSEE on matters relating to ocean energy safety, including, but not limited to drilling and workplace safety, well intervention and containment, and oil spill response. The agenda for Wednesday, August 29, will address the OESC SUMMARY: Subcommittees’ activities to date on: oil spill prevention, spill containment, spill response and safety management systems; safety culture; blowout preventers (BOP); and a proposed Ocean Energy Safety Institute. The agenda for Thursday, August 30, will address interim recommendations presented to the OESC from its four subcommittees for consideration and action, including lessons learned and next steps forward. The meeting is open to the public. Approximately 100 visitors can be accommodated on a first-come-firstserved basis. Members of the public will have the opportunity to comment on the activities of OESC and related topics on a first-come-first-served basis during the time allotted for public comment and may submit written comments to the OESC during the meeting or by email to the Committee at OESC@bsee.gov. Minutes of the Ocean Energy Safety Advisory Committee meeting will be available for public inspection on the Committee’s Web site at: https:// www.bsee.gov/About-BSEE/PublicEngagement/OESC/Index.aspx. Authority: Federal Advisory Committee Act, Pub. L. 92–463, 5 U.S.C. Appendix 1, and the Office of Management and Budget’s Circular No. A–63, Revised. Dated: August 1, 2012. James A. Watson, Director, Bureau of Safety and Environmental Enforcement. [FR Doc. 2012–19600 Filed 8–9–12; 8:45 am] BILLING CODE 4310–MR–P Notice; request for comments. We (U.S. Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. SUMMARY: To ensure that we are able to consider your comments on this IC, we must receive them October 9, 2012. DATES: Send your comments on the IC to the Service Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 2042–PDM, 4401 North Fairfax Drive, Arlington, VA 22203 (mail); or INFOCOL@fws.gov (email). Please include ‘‘1018–WSFR Application and Performance Reporting’’ in the subject line of your comments. ADDRESSES: To request additional information about this IC, contact Hope Grey at INFOCOL@fws.gov (email) or 703–358– 2482 (telephone). FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R9–WSR–2012–N196; FVWF941009000007B–XXX–FF09W11000; FVWF51100900000–XXX–FF09W11000] Proposed Information Collection; Application and Performance Reporting for Wildlife and Sport Fish Restoration Grants and Cooperative Agreements AGENCY: ACTION: Fish and Wildlife Service, Interior. I. Abstract The Wildlife and Sport Fish Restoration Program (WSFR) administers the following financial assistance programs in whole or in part. We award most financial assistance as grants, but cooperative agreements are possible if the Federal Government will be substantially involved in carrying out the project. You can find a description of most programs in the Catalog of Federal Domestic Assistance (CFDA) or on our Web site at https:// wsfrprograms.fws.gov. Implementing regulations in the Code of Federal Regulations (CFR) mstockstill on DSK4VPTVN1PROD with NOTICES CFDA Program Authority 15.616 ........................... 15.668 ........................... Clean Vessel Act .................................................. Coastal Impact Assistance Program M ................. 50 CFR 85 None 15.614 ........................... Coastal Wetlands Planning, Protection, and Restoration Act. Cooperative Endangered Species Conservation Fund. 33 U.S.C. 1322; 16 U.S.C. 777c .......................... Outer Continental Shelf Lands Act, as amended; 31 U.S.C. 6301–6305. 16 U.S.C. 3951 et seq. ........................................ 16 U.S.C. 1531 et seq., with special reference to section 1535. 50 CFR 81 15.615 ........................... VerDate Mar<15>2010 18:02 Aug 09, 2012 Jkt 226001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1 50 CFR 84

Agencies

[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47862-47864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19648]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


National Environmental Policy Act: Implementing Procedures; 
Addition to Categorical Exclusions for Bureau of Indian Affairs

AGENCY: Department of the Interior.

ACTION: Notice of Final National Environmental Policy Act Implementing 
Procedures.

-----------------------------------------------------------------------

SUMMARY: This notice announces the addition of a new categorical 
exclusion under the National Environmental Policy Act (NEPA) to be 
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.

[[Page 47863]]


DATES: Effective Date: The categorical exclusion is effective August 
10, 2012.

ADDRESSES: To obtain a copy of the new categorical exclusion contact 
Marvin Keller, NEPA Coordinator--Indian Affairs, 12220 Sunrise Valley 
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 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 of Indian Affairs (BIA) has typically 
conducted NEPA reviews of actions associated with single-family homes 
by preparing environmental assessments which resulted in Findings of No 
Significant Impact. The addition of a categorical exclusion to cover 
the actions associated with new home construction will allow for a more 
efficient NEPA review.
    Because this categorical exclusion has important implications for 
actions occurring daily on Indian lands, the BIA initiated consultation 
and requested comments from all federally recognized tribes. This 
consultation period began on March 7, 2012, and concluded on May 14, 
2012. Public comments were also solicited through a notice placed in 
the Federal Register on May 3, 2012 [77 FR 26314]. The proposed 
language for the categorical exclusion as set out in the notice was as 
follows: ``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.''

Comments on the Proposal

    The BIA received responses from 14 tribes and one tribal 
organization. No public responses were received. The responses were in 
the form of letters and email messages. All responses supported the 
proposed categorical exclusion; a few suggested minor changes in the 
language of the categorical exclusion.
    Comment: One respondent expressed a concern about neighboring 
tribes or tribal members constructing homes within their reservation 
without complying with the tribe's laws. The respondent suggested that 
the categorical exclusion should not be available for non-members or 
outside tribes to construct homes on another tribe's lands.
    Response: The categorical exclusion is intended to be applicable to 
all tribes and tribal members who propose to construct single-family 
homes on tribal land or individually-owned Indian land. However, the 
proposed text of the categorical exclusion includes specific language 
that references ``compliance with federal and tribal laws;'' therefore, 
this categorical exclusion could not be used for any home construction 
that does not comply with tribal law. The BIA does not propose any 
additional changes to the language of the categorical exclusion in 
response to this comment.
    Comment: One respondent expressed concern that because of a 
decrease in funds for the BIA Housing Improvement Program (HIP) the 
categorical exclusion would not be effective.
    Response: The HIP funding levels are outside the scope of this 
proposal. However, the categorical exclusion is intended to address all 
BIA actions associated with constructing single-family homes and 
includes actions not associated with HIP funding.
    Comment: A respondent suggested that the categorical exclusion 
should include Housing and Urban Development (HUD) approved housing 
activities.
    Response: The BIA categorical exclusion can only apply to BIA 
actions and cannot apply to another agency such as HUD. The proposed 
BIA categorical exclusion is intended to be consistent with HUD's 
existing categorical exclusions, so that the level of environmental 
review will be similar.
    Comment: A respondent suggested that since the categorical 
exclusion is intended to include new construction this term should be 
added to the text.
    Response: The BIA agrees, and text of the categorical exclusion has 
been changed to clearly indicate that it includes new construction as 
intended.
    Comment: A respondent noted that the BIA Federal Register notice 
indicates a single-family homesite may include one to four dwelling 
units, but the number of dwelling units is not referenced in the text 
of the categorical exclusion. It was suggested that the number of 
dwelling units should be referenced, and that, because the key factors 
limiting the use of the categorical exclusion should be the area of 
land affected (five acres) and the absence of any extraordinary 
circumstances, it should not matter whether the limit of four dwelling 
units are in a single building, two duplexes or four detached units.
    Response: The BIA agrees the categorical exclusion should be 
clearly defined as including one to four dwelling units as intended. 
The BIA also believes that the categorical exclusion should be flexible 
enough to include a range of housing options. We therefore added text 
to the categorical exclusion to clarify that home construction may 
include up to four dwelling units, whether in a single building or up 
to four separate buildings. This clarification will also ensure the 
categorical exclusion is consistent with HUD's existing categorical 
exclusion [24 CFR 58.35(a)(4)(i)].
    Comment: One respondent asked for clarification as to who would 
have approval authority for the categorical exclusion: the agency 
superintendent or a compacted self-governance tribe.
    Response: Because the Federal government is responsible for 
complying with NEPA, the approval authority for the categorical 
exclusion is with the BIA responsible official. Tribes can prepare the 
supporting NEPA documentation, but the approval must remain with the 
BIA.

Conclusion

    The Department of the Interior and the BIA find that the action 
defined in the categorical exclusion presented at the end of this 
notice does not individually or cumulatively have a significant effect 
on the human environment. This finding is based on the analysis of 
similar categorical exclusions used by other Federal departments and 
agencies; the professional judgment of BIA environmental personnel who 
had conducted environmental reviews of similar actions, which resulted 
in Findings of No Significant Impact; and the post-construction 
monitoring of homesites by environmental personnel that verified no 
unforeseen effects had occurred.

Categorical Exclusion

    The Department of the Interior will add the following categorical 
exclusion to the Departmental Manual at 516 DM 10.5:

    Approvals of leases, easements or funds for single family 
homesites and associated improvements, including, but not limited 
to, construction of homes, outbuildings, access roads, and utility 
lines, which encompass five acres or less of contiguous lands, 
provided that such sites and associated

[[Page 47864]]

improvements do not adversely affect any tribal cultural resources 
or historic properties and are in compliance with applicable Federal 
and tribal laws. Home construction may include up to four dwelling 
units, whether in a single building or up to four separate 
buildings.

    Dated: August 3, 2012.
Willie R. Taylor,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2012-19648 Filed 8-9-12; 8:45 am]
BILLING CODE 4310-W7-P
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