National Environmental Policy Act Implementing Procedures and Categorical Exclusions, 23950-23958 [2014-09733]

Agencies

• DEPARTMENT OF COMMERCE
• National Telecommunications and Information Administration First Responder Network Authority

[Federal Register Volume 79, Number 82 (Tuesday, April 29, 2014)]
[Notices]
[Pages 23950-23958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09733]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration First 
Responder Network Authority

[Docket Number: 131219999-4337-02]
RIN 0660-XC009


National Environmental Policy Act Implementing Procedures and 
Categorical Exclusions

AGENCY: National Telecommunications and Information Administration, 
U.S. Department of Commerce.

ACTION: Notice.

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SUMMARY: The First Responder Network Authority (FirstNet) publishes 
this notice of its final procedures for implementing the National 
Environmental Policy Act (NEPA).

DATES: These procedures become effective April 29, 2014.

ADDRESSES: A complete set of comments filed in response to the First 
Responder Network Authority: National Environmental Policy Act 
Implementing Procedures and Categorical Exclusions published on January 
8, 2014, is available at: https://www.ntia.doc.gov/federal-register-notice/2014/comments-notice-firstnet-nepa-implementing-procedures. The 
final First Responder Network Authority: National Environmental Policy 
Act Implementing Procedures is available at: https://www.ntia.doc.gov/category/firstnet.

FOR FURTHER INFORMATION CONTACT: Genevieve Walker, First Responder 
Network Authority, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., HCHB Room CC219, Washington, DC 20230; (202) 482-4385; or 
genevieve.walker@firstnet.gov.

SUPPLEMENTARY INFORMATION: 

I. National Environmental Policy Act

    The National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) 
(NEPA) requires federal agencies to undertake an assessment of 
environmental effects of their proposed actions prior to making a final 
decision and implementing the action. NEPA requirements apply to any 
federal project, decision, or action that may have a significant impact 
on the quality of the human environment. NEPA also establishes the 
Council on Environmental Quality (CEQ), which issued regulations 
implementing the procedural provisions of NEPA as codified in 40 CFR 
parts 1500-1508. Among other considerations, CEQ regulations require 
federal agencies at 40 CFR 1507.3 to adopt their own implementing 
procedures to supplement CEQ's regulations implementing NEPA and to 
consult with CEQ during their development and prior to publication in 
the Federal Register.
    The Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 
112-96, 126 Stat. 156 (2012)) (Act) creates and authorizes FirstNet to 
take all actions necessary to ensure the design, construction, and 
operation of a nationwide, interoperable public safety broadband 
network (PSBN) based on a single, national network architecture. The 
Act meets a long-standing and critical national infrastructure need to 
create a nationwide interoperable network that will, for the first 
time, allow police officers, fire fighters, emergency medical service 
professionals, and other public safety officials to effectively 
communicate with each other across agencies and jurisdictions.
    As a newly created entity, FirstNet did not have procedures for 
implementing NEPA. These NEPA implementing procedures are necessary to 
assist FirstNet in establishing a NEPA compliance program and applying 
the appropriate level of NEPA review for activities undertaken by 
FirstNet in the design, construction, and operation of the nationwide 
interoperable PSBN.
    Accordingly, on January 8, 2014, FirstNet published a notice in the 
Federal Register (First Responder Network Authority: National 
Environmental Policy Act Implementing Procedures and Categorical 
Exclusions, 79 FR 1363 (January 8, 2014)) requesting public comment on 
its proposed implementing procedures before utilizing them as part of 
its NEPA review process. The final procedures are set forth as an 
addendum to this notice.

II. Background

    FirstNet is responsible for, at a minimum, ensuring nationwide 
standards for the use of, and access to, the network; issuing open, 
transparent, and competitive requests for proposals (RFPs) to build, 
operate, and maintain the network; encouraging these RFPs to leverage, 
to the maximum extent economically desirable, existing commercial 
wireless infrastructure to speed deployment of the network; and 
overseeing contracts with non-federal entities to build, operate, and 
maintain the network.
    The specific actions anticipated to be undertaken by FirstNet 
encompass a variety of activities including the installation of cables, 
cell towers, antenna collocations, buildings, and power units as 
defined in the following examples:
    (a) Buried Plant/Facilities: The construction of buried outside 
plant facilities generally consists of plowing or trenching cable at a 
depth of approximately 36'' to 48'' alongside the road usually in a 
utility corridor or within public road rights-of-way.
    (b) Aerial Plant/Facilities: The construction of aerial facilities 
is either done by hanging cables on new poles, typically on public 
rights-of-way, or by installing cables using existing poles owned by a 
third party.
    (c) Towers: The construction of towers for cell sites and/or 
microwave dishes. Tower construction is typically done by building a 
tower on a new foundation. The heights of the towers generally vary 
from 120 feet to 400 feet.
    (d) Collocations: The mounting or installation of an antenna or 
other communications device on an existing tower, building, or 
structure for the purpose of transmitting and/or receiving radio 
frequency signal for communication purposes.
    (e) Ancillary Facilities: Generally consists of installing small 
pre-fabricated shelters on tower sites that are used for housing 
electronic equipment. These shelters are usually placed on concrete 
pads and generally require very minimal disturbance of the land. On 
extremely rare occasions, the construction of a headquarters and/or 
warehouse building may be necessary. The amount of land disturbance 
resulting from this type of construction can vary depending on the size 
of the proposed building.
    (f) Power Units: The installation of power units, such as, an 
uninterruptible power supply (UPS), could be added to existing third 
party tower sites either on the existing concrete pad or by adding a 
new concrete pad if required at the site.
    (g) Wireless Telecommunications Facility: An installation that 
sends and/or receives radio frequency signals, including but not 
limited to directional, omni-directional, and parabolic antennas, 
structures or towers (no more than 199 feet tall with no guy wires) to 
support receiving and/or transmitting devices, cabinets, equipment 
rooms,

[[Page 23951]]

accessory equipment, and other structures, and the land or structure on 
which they are all situated.

FirstNet is also required to leverage, to the maximum extent 
economically desirable, existing commercial infrastructure in its 
deployment and operation of the PSBN.

    The geographic scope of the PSBN encompasses all U.S. states and 
territories. Thus, FirstNet actions will likely occur in a wide range 
of environmental settings and require FirstNet to establish a process 
for analyzing proposed actions and making NEPA determinations based on 
the specific location and type of proposed project activities.
    Therefore, FirstNet establishes these NEPA implementing procedures 
to better follow the letter and spirit of NEPA; comply fully with the 
CEQ regulations; and apply the NEPA review process early in the 
planning stages of the nationwide PSBN.

III. Comments and Agency Responses

Comment 1

    The PCIA-Wireless Infrastructure Association (PCIA) recommends 
FirstNet establish a forum for governmental and non-governmental 
parties, including telecommunications providers, manufacturers, and 
tower owners, to play an integral role in FirstNet's build-out, so that 
FirstNet can factor in the forum's input in developing its procedures 
and any future Notices.

Agency Response

    FirstNet acknowledges the recommendation and will continue to 
engage governmental and non-governmental parties, as appropriate, in 
order to comply with relevant environmental requirements.

Comment 2

    PCIA comments that collocating on existing facilities is the most 
economical and expeditious method of deploying wireless facilities, 
and, by maximizing collocations, FirstNet could minimize delays, 
achieve significant cost savings, and build-out a more comprehensive 
nationwide public safety broadband network.

Agency Response

    FirstNet understands the importance of leveraging existing 
infrastructure, including collocations, and will utilize, to the maxim 
extent economically desirable, existing federal, state, tribal, local, 
commercial or other communications infrastructure in establishing the 
nationwide public safety broadband network.

Comment 3

    PCIA expresses concerns that the proposed ``extraordinary 
circumstances'' identified in Appendix D do not provide any discussion 
of rationale for why and when an extraordinary circumstance will 
preclude the application of a categorical exclusion.

Agency Response

    FirstNet determinations relating to the existence of extraordinary 
circumstances that preclude the application of a categorical exclusion 
will be made on a case-by-case basis and based on a review of the 
relevant factors (e.g., type of activity, geography, and biology) 
related to a specific proposed action.

Comment 4

    PCIA comments that FirstNet should provide more detail concerning 
the ``nuts and bolts'' of its proposed procedures, including specific 
NEPA and NHPA procedures and timelines for completing the review 
process where an action requiring FirstNet review is by a private 
applicant or non-federal entity.

Agency Response

    FirstNet intends to provide additional guidance on NEPA and NHPA 
requirements that may affect a private applicant or non-federal entity 
on its Web site and through future stakeholder outreach, as 
appropriate.

Comment 5

    PCIA recommends that the FirstNet NEPA implementing procedures 
provide guidance for determining which agency will be the lead agency 
in any multi-agency projects.

Agency Response

    FirstNet understands the importance of coordinating with other 
agencies in complying with NEPA and intends to follow the process 
described in 40 CFR 1501.5 in determining lead and cooperating agencies 
in multi-agency projects for the purpose of NEPA.

Comment 6

    PCIA commented that FirstNet should consider integrating aspects of 
the Federal Communication Commission's (FCC) environmental and historic 
preservation processes and procedures, including FCC rules establishing 
the standard for developing an EA and use of the Tower Construction 
Notification System (TCNS).

Agency Response

    FirstNet will evaluate the effectiveness of these and other 
processes and procedures in complying with applicable environmental, 
historic, and cultural resource requirements.

Comment 7

    U.S. Department of the Interior (DOI) recommends including the 
Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act to 
the list of requirements to Section 1.07, Environmental Review and 
Consultation Requirements of NEPA Review.

Agency Response

    FirstNet has added the citations for the Migratory Bird Treaty Act 
and Bald and Golden Eagle Protection Act to this section.

Comment 8

    DOI recommends inclusion of language in Section 1.07, Developing 
the Purpose and Need, which would ensure consideration of all other 
authorities to which NEPA is supplemental as opposed to simply the 
FirstNet mission.

Agency Response

    FirstNet intends to consider all other relevant authorities during 
the NEPA review for a proposed action and does not consider further 
supplemental language in this section to be necessary.

Comment 9

    DOI recommends that FirstNet be required to coordinate with federal 
agencies having jurisdiction by law or special expertise on 
construction and lighting of its network of towers.

Agency Response

    FirstNet understands the importance of coordinating with other 
agencies in complying with NEPA and intends to follow the process 
described in 40 CFR 1501.5 in determining lead and cooperating agencies 
for the purpose of NEPA.

Comment 10

    DOI recommends including species covered under the Migratory Bird 
Treaty Act and Bald and Golden Eagle Protection Act to the list of 
environmentally sensitive resources.

Agency Response

    FirstNet has added language to include the species and habitat 
listed under the Migratory Bird Treaty Act and Bald and Golden Eagle 
Protection Act to the list of environmentally sensitive resources 
listed in Appendix D.

[[Page 23952]]

Comment 11

    DOI recommends adding important resources to migratory birds such 
as sites in the Western Hemisphere Shorebird Reserve and Audubon 
Important Bird Areas to list of environmentally sensitive resources 
listed in Appendix D.

Agency Response

    FirstNet will consider impacts on migratory birds in areas such as 
the Western Hemisphere Shorebird Reserve and Audubon Important Bird 
Areas as part of the NEPA review for its proposed actions, as 
appropriate, and considers the addition of the Migratory Bird Treaty 
Act and Bald and Golden Eagle Protection Act to Appendix D sufficient 
to identify and account for impacts on these resources.

Comment 12

    DOI suggests that FirstNet consider preparing a programmatic 
environmental impact statement (PEIS) to determine and address 
cumulative impacts from authorizing FirstNet projects on those 241 
species for which the incremental impact of tower mortality, when added 
to other past, present, and reasonably foreseeable future actions, is 
most likely significant, given their overall imperiled status, 
including the impacts on species of birds whose populations are in 
trouble or otherwise merit special protection.

Agency Response

    FirstNet will consider this recommendation as it continues to 
integrate the NEPA process with its other planning for the nationwide 
public safety broadband network.

Comment 13

    DOI recommends revisions to the procedures that better reflect the 
impacts on resources under DOI jurisdiction relating to communication 
towers, including injury, crippling loss, and death from collision with 
towers or supporting guy-wire infrastructure and significant issues 
associated with communication towers involving impacts from non-
ionizing electromagnetic radiation.

Agency Response

    FirstNet will consider impacts on resources under DOI or other 
agency jurisdiction as part of the NEPA review for its proposed 
actions, as appropriate, and considers the Environmental Review Process 
established in section 1.07 of the procedures a reasonable process for 
identifying and accounting for impacts on these resources.

Comment 14

    A commenter suggested the development and inclusion of a 
Determination of Adequacy or some form of a checklist to identify and 
address issues relating to whether an action requires NEPA review.

Agency Response

    FirstNet will consider this recommendation as it continues to 
integrate the NEPA process with its other planning for the nationwide 
public safety broadband network.

Comment 15

    A commenter asked whether FirstNet will have a formal appeal 
process which allows another agency or the public to make an appeal of 
an environmental determination or final decision.

Agency Response

    FirstNet will comply with the timing of agency action requirements 
described in 40 CFR 1506.10, but will not have an additional formal 
appeal process that will allow another agency or the public to make an 
appeal after FirstNet has made an environmental determination or final 
decision. Rather, FirstNet anticipates that public and agency 
involvement relating to NEPA compliance will occur as described in 
Environmental Review Process established in section 1.07 of its NEPA 
implementing procedures.

Comment 16

    Commenters suggested various minor edits to the document.

Agency Response

    FirstNet reviewed these suggestions and made minor word and 
document edits, as appropriate.

IV. Paperwork Reduction Act

    This notice does not contain collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et 
seq.). Moreover, any action taken or made by FirstNet is exempt from 
the requirements of the PRA. See 47 U.S.C. 1426(d). Notwithstanding any 
other provisions of law, no person is required to, nor shall a person 
be subject to penalty for failure to comply with, a collection of 
information subject to the requirements of PRA unless that collection 
of information displays a currently valid OMB control number.

V. Environmental Impact

    These NEPA implementing procedures are intended to supplement the 
CEQ regulations and provide procedural guidance to assist FirstNet in 
the fulfillment of its responsibilities under NEPA. The requirements 
for establishing NEPA procedures are set forth at 40 CFR 1505.1 and 
1507.3.

    Dated: April 23, 2014.
Stuart Kupinsky,
Chief Counsel, First Responder Network Authority

Addendum

First Responder Network Authority Management Directive

First Responder Network Authority Procedures for Implementing the 
National Environmental Policy Act

Sections
1.01 Purpose
1.02 Scope
1.03 Policies
1.04 Definitions
1.05 Program Goals
1.06 Responsibilities
1.07 Environmental Review Process
1.08 Effective Date
Appendix A--List of Authorities
Appendix B--Glossary
Appendix C--Categorical Exclusions
Appendix D--Extraordinary Circumstances
1.01

PURPOSE

    The purpose of this Management Directive (Directive) is to 
establish the First Responder Network Authority (FirstNet) policies, 
requirements, and procedures for complying with the National 
Environmental Policy Act, 42 U.S.C. 4321 et seq. (NEPA), and the 
implementing regulations issued by the Council on Environmental 
Quality (CEQ Regulations) as codified in Parts 1500-1508 of Title 40 
of the Code of Federal Regulations (40 CFR parts 1500-1508).
1.02

SCOPE

    The provisions of this Directive apply to actions undertaken by 
FirstNet and specifically apply to any of the following actions:
    (a) Legislative proposals initiated by FirstNet for which 
FirstNet would have primary action responsibility.
    (b) Research, projects, and activities directly undertaken by 
FirstNet, or the research, projects and activities of a non-federal 
entity which are determined to be subject to the control and 
responsibility of FirstNet.
    (c) Actions to establish an official policy or adopt a formal 
plan or program. (40 CFR 1508.18).
1.03

POLICIES

    FirstNet policies and programs shall be planned, developed, and 
implemented so as to achieve the purposes and to follow the 
procedures outlined by NEPA in order to assure responsible 
stewardship of the environment for present and future generations. 
Accordingly, FirstNet shall adhere to the following actions to 
ensure compliance with NEPA:

[[Page 23953]]

    (a) FirstNet adopts the CEQ Regulations (40 CFR parts 1500-1508) 
for implementing NEPA.
    (b) FirstNet shall:
    1. Comply with the CEQ regulations (40 CFR parts 1500-1508);
    2. Report and coordinate its policies and procedures with the 
Department of Commerce Office of General Counsel, as appropriate;
    3. Ensure activities and planning regarding federal actions 
consider the environmental consequences of proposed actions in 
conjunction with mission requirements and objectives;
    4. Consider and give weight to environmental factors in making 
decisions in order to achieve a proper balance between the 
development and utilization of natural, cultural, and human 
resources and the protection and conservation of environmental 
quality for succeeding generations;
    5. Consult, coordinate, cooperate, and partner with other 
federal agencies and state, local and tribal governments, as 
appropriate, in the development and implementation of FirstNet's 
plans and programs affecting environmental quality and, in turn, 
give consideration to those activities that succeed in best 
addressing state and local concerns;
    6. Identify and invite, as appropriate, potential federal, 
state, local, and tribal governments to participate as cooperating 
agencies early during the NEPA scoping process;
    7. Participate as a lead or cooperating agency, as appropriate, 
with other federal agencies where FirstNet is involved in the same 
action as other agencies, or is involved in an action which is 
related to another agency's action because of their functional 
interdependence or geographical proximity;
    8. As requested, and where resources allow, review and provide 
comments on draft NEPA documents submitted by other federal agencies 
where the action relates to FirstNet's mission or operations;
    (c) FirstNet shall ensure appropriate action is taken to comply 
with NEPA when actions are planned by private applicants or other 
non-federal entities before federal involvement. This will be 
accomplished by the following:
    1. FirstNet policies will be accessible on the FirstNet Web site 
and designated staff will be available to advise potential 
applicants of existing studies or other information reasonably 
foreseeable for later federal action.
    2. FirstNet will initiate consultation early with appropriate 
state, local, and tribal governments and with interested private 
persons and organizations when its own involvement is reasonably 
foreseeable.
    3. FirstNet will begin the NEPA process at the earliest possible 
time.
    (d) While it is the policy of FirstNet to thoroughly evaluate 
its actions in accordance with the requirements of NEPA and the CEQ 
regulations, certain actions may result from statutory requirements 
or actions by non-federal entities involving little or no control or 
discretion on the part of FirstNet. In the case of such actions, the 
FirstNet Director of Environmental Compliance and/or the NEPA 
Coordinator, in coordination with the FirstNet Chief Counsel, should 
make a determination of non-applicability of NEPA.

1.04

DEFINITIONS

    This Directive incorporates all definitions and phrases as 
defined by CEQ in its regulations at 40 CFR part 1508. To ensure 
full compliance, the CEQ regulations should be consulted for 
comprehensive explanations of the terms. A glossary of words and 
phrases as used in this Directive is included in Appendix B.

1.05

PROGRAM GOALS

    FirstNet will follow a systematic, interdisciplinary approach to 
planning in order to minimize the use and impact of environmental 
resources. The FirstNet NEPA program is designed to ensure that:
    (a) Proposed actions to be undertaken by FirstNet are identified 
early in the planning process and brought to the attention of the 
Director of Environmental Compliance and/or NEPA Coordinator;
    (b) Actions are evaluated to determine the appropriate 
applicable NEPA review (i.e., Categorical Exclusion (CE), 
Environmental Assessment (EA), Environmental Impact Study (EIS), or 
a Determination of NEPA Adequacy when tiering from or adopting 
another Agency's environmental documentation);
    (c) An interdisciplinary approach is taken to proactively 
consider environmental impacts and identify and consider the range 
of reasonable alternatives at the earliest planning stages of an 
action and prior to rendering any decision;
    (d) The planning process integrates environmental review and 
consultation requirements;
    (e) The impacts of proposed activities, programs, and projects 
on the quality of the human environment are considered before making 
an irretrievable and irreversible commitment of resources; and
    (f) The public is engaged and involved with the planning process 
and evaluation of environmental impacts, as appropriate.

1.06

RESPONSIBILITIES

    FirstNet roles and responsibilities relating to the 
implementation and compliance with NEPA are as follows:
    (a) The Chair of the Board (Chair). The Chair has the ultimate 
responsibility to fulfill FirstNet's compliance with NEPA. The Chair 
directs the FirstNet General Manager (GM) to (1) ensure that 
environmental planning is incorporated into FirstNet decision-making 
processes and (2) coordinate with the designated Director of 
Environmental Compliance and/or NEPA Coordinator for advice and 
guidance on proper and adequate compliance with NEPA requirements.
    (b) FirstNet General Manager (GM). The GM shall:
    1. Establish and oversee the proper implementation of a FirstNet 
NEPA compliance program in accordance with the requirements of this 
Directive;
    2. Advise the Chair on activities that are highly controversial, 
are nationally significant, or require the establishment of a new 
FirstNet NEPA-related policy;
    3. Inform the Chair of current developments in NEPA policy and 
implementing procedures;
    4. Support early, proactive, and comprehensive coordination and 
outreach processes across FirstNet;
    5. Appoint a Director of Environmental Compliance and/or NEPA 
Coordinator to carry out the responsibilities delineated below in 
paragraph c; and
    6. Sign Records of Decision (ROD), Findings of No Significant 
Impact (FONSIs), Records of Environmental Consideration (REC), and 
memos citing Categorical Exclusions (CEs), or re-delegate this 
authority in writing to other FirstNet personnel, as appropriate.
    (c) FirstNet Director of Environmental Compliance and/or NEPA 
Coordinator (Director of Environmental Compliance/NEPA Coordinator). 
Responsible for coordinating and overseeing FirstNet's compliance 
with NEPA. To accomplish this the Director of Environmental 
Compliance/NEPA Coordinator will:
    1. Assist the Chair and GM in implementing FirstNet's compliance 
with NEPA;
    2. Review and provide final clearance on all NEPA documents 
covered by this Directive;
    3. Transmit, with written recommendations, NEPA documents for 
action to the GM or authorized designee for signature or other 
appropriate agency action;
    4. Develop and recommend policies, procedures, and technical and 
administrative advice and training to facilitate and improve 
FirstNet's effective and efficient implementation of NEPA.
    5. Provide technical and administrative advice and training to 
relevant stakeholders so that they are aware of, and comply with, 
the NEPA process and so that they consider the impacts of their 
programs, projects, and policies;
    6. Act as liaison with the Department, CEQ, and U.S. EPA on 
NEPA-related matters or issues and coordinate with other federal 
agencies with respect to significant NEPA matters;
    7. Prepare or review, as appropriate, all inter- or intra-agency 
reports, surveys, and comments on NEPA-related matters, including 
other agency NEPA documentation, or legislative proposals;
    8. Consult early and often with relevant stakeholders to 
identify how the requirements of this Directive will be met and at a 
minimum:
    A. Determine the applicability of NEPA and, if applicable, the 
appropriate NEPA review procedure (i.e., CE, EA, or EIS) and public 
involvement, in consultation with the Chief Counsel of FirstNet, as 
necessary;
    B. Review and comment upon draft NEPA documents to ensure that a 
high-quality analysis is completed, reasonable or appropriate 
alternatives are identified and discussed, and that all applicable 
scheduling, scoping, consultation, circulation, and public 
involvement requirements are met;
    C. Assist in consultations with other federal, state, and local 
regulatory and/or

[[Page 23954]]

resource agencies and tribal governments on draft NEPA documents to 
specifically include agencies having jurisdiction by law of a 
resource or geographic area; and
    D. Otherwise act as a resource to the relevant stakeholders to 
ensure that the NEPA document identifies reasonably foreseeable 
significant impacts of the action, sufficiently analyzes the 
impacts, clearly presents the findings, and fairly considers 
reasonable or appropriate alternatives to the action.
    (d) FirstNet Chief Counsel: The Chief Counsel of FirstNet shall 
provide all legal services regarding NEPA compliance to include:
    1. Providing legal sufficiency reviews of NEPA documents, as 
appropriate;
    2. Assisting the Chair, GM, Director of Environmental 
Compliance, and NEPA Coordinator in determining the applicable NEPA 
review for a proposed action; and
    3. Assisting the Chair, GM, Director of Environmental 
Compliance, and NEPA Coordinator in establishing or revising this 
Directive and the FirstNet NEPA compliance program, as necessary.

1.07

ENVIRONMENTAL REVIEW PROCESS

    The environmental review process describes the applicable CE, 
EA, or EIS process for a proposed FirstNet action and includes 
actions required by CEQ in 40 CFR parts 1500-1508 for compliance 
with NEPA. The process involves the following series of actions 
accomplished by or under the direction of the Chair of FirstNet or a 
delegate.

Developing the Purpose and Need

    FirstNet shall ensure the purpose and need of a proposed action 
considers the FirstNet mission, while not unduly limiting the range 
of alternatives considered in accomplishing its mission. FirstNet is 
authorized and directed by statute to take all actions necessary to 
ensure the design, construction, and operation of a nationwide, 
interoperable PSBN based on a single, nationwide network 
architecture. The establishment of the nationwide PSBN meets a long-
standing and critical national infrastructure need that will, for 
the first time, allow police officers, fire fighters, emergency 
medical service professionals, and other public safety officials to 
effectively communicate with each other across agencies and 
jurisdictions.

Apply NEPA Early in the Process

    FirstNet shall integrate the NEPA process with other planning 
for the nationwide PSBN at the earliest possible time to ensure that 
planning and decisions reflect environmental values and in order to 
avoid delays or other potential conflicts later in the process. 
Accordingly, FirstNet shall:
    (a) Identify environmental impacts and resources in adequate 
detail so they can be compared and evaluated with economic and 
technical considerations. Wherever practicable, environmental 
documents with appropriate analyses should be circulated and 
reviewed at the same time as other planning documents.
    (b) Study, develop, and analyze reasonable alternatives to 
recommended courses of action.
    (c) Consider mitigation measures which could avoid, ameliorate, 
lessen, or provide compensation for identified impacts of the 
proposed action.
    (d) Where the action requiring FirstNet review is by a private 
applicant or other non-federal entity:
    1. The Director of Environmental Compliance and/or the NEPA 
Coordinator or other assigned FirstNet Environmental Protection 
Specialist will advise the applicant of FirstNet's policies and 
procedures for NEPA compliance and make available or direct the 
applicant to resources within FirstNet, the Department, or elsewhere 
in the federal government to facilitate the applicant's 
consideration of, and explanation of, environmental impacts and 
alternatives.
    2. FirstNet will consult with appropriate state, local, and 
tribal governments and other relevant organizations on environmental 
impacts of, and alternatives to, a proposed action when its own 
involvement is reasonably foreseeable.
    3. FirstNet will initiate its NEPA review process at the 
earliest practicable time.

Scoping

    FirstNet shall comply with scoping procedures described in 40 
CFR 1501.7 required for proposed actions normally requiring an EIS. 
In some, but not all, circumstances, and at the discretion of the 
Director of Environmental Compliance and/or the NEPA Coordinator, 
scoping will also be conducted on an EA. Additionally, FirstNet may 
also require scoping procedures to be followed for other proposed 
actions, where appropriate, to achieve the purposes of NEPA. When 
evaluating the type and extent of the NEPA document and review, 
FirstNet shall:
    (a) Define the purpose and need of a proposed action;
    (b) Identify reasonably foreseeable impacts of the action to 
determine if consultation with other federal, state, local, or 
tribal entities is needed;
    (c) Determine if other federal agency actions are part of a 
proposed action, and establish lead and coordinating agencies for 
the actions, as appropriate;
    (d) Identify or develop reasonable alternatives to a proposed 
action;
    (e) Consider the context and intensity of the potential direct, 
indirect, and cumulative environmental effects of a proposed 
action(s) and any reasonable or appropriate alternatives;
    (f) Consider mitigation measures or strategies to minimize, 
reduce, or eliminate environmental impacts of a proposed action(s), 
as necessary;

Public Involvement

    In carrying out its responsibilities under NEPA, FirstNet shall 
comply with the public involvement requirements described in 40 CFR 
1506.6 and make diligent efforts to involve the public in the 
environmental review process. In addition, FirstNet shall:
    (a) Ensure that all public notices relating to environmental 
matters shall describe the nature, location, and extent of the 
proposed action and indicate the availability and location of 
additional information relating to the matter.
    (b) Determine the appropriate medium for publishing notices 
relating to environmental matters on a project-by-project basis.
    (c) Assess and consider public comments both individually and 
collectively and ensure that responses to public comments are 
appended to the applicable environmental document, as appropriate.
    (d) Make available to the public those project-related 
environmental documents that FirstNet determines will enhance public 
participation in the environmental process. These materials shall be 
placed in locations convenient for the public as determined by 
FirstNet.
    (e) Hold public hearings or meetings at reasonable times and 
locations concerning environmental aspects of a proposed action in 
all cases where, in the opinion of FirstNet, the need for hearings 
or meetings is indicated in order to develop adequate information on 
the environmental implications of the proposed action. Public 
hearings or meetings conducted by FirstNet will be coordinated to 
the extent practicable with other meetings, hearings, and 
environmental reviews which may be held or required by other 
federal, state, and local agencies.

General Requirements for Categorical Exclusions

    FirstNet actions that do not individually or cumulatively have a 
significant effect on the human environment and where no 
extraordinary circumstances exist may be categorically excluded from 
further environmental review in an EA or EIS.
    (a) The approved list of FirstNet actions that normally qualify 
for a CE are listed in Appendix C.
    (b) FirstNet actions that would normally be categorically 
excluded from further environmental review, but due to the existence 
of extraordinary circumstances could have substantial environmental 
effects, will require the preparation of an EA or EIS.
    (c) The list of extraordinary circumstances that could have 
substantial environmental effects is listed in Appendix D.
    (d) If a proposed action is determined to be a CE and not 
considered a routine administrative, ministerial, procurement, or 
personnel action, FirstNet shall document its determination that a 
CE applies to a proposed action with a Memorandum to File or a 
Record of Environmental Consideration.
    (e) The list of approved FirstNet CEs is subject to continual 
review and can be modified by amending/revising this Directive, in 
consultation with CEQ.
    (f) The use of a CE does not relieve FirstNet from compliance 
with other statutes or consultations under the Endangered Species 
Act of 1973 (16 U.S.C. Sec.  1531 et seq.) or the National Historic 
Preservation Act of 1966 (16 U.S.C. Sec.  470 et seq.). Such 
consultations may be required to determine the applicability of the 
CE screening criteria.

General Requirements for an Environmental Assessment

    FirstNet shall prepare an EA as defined in 40 CFR 1508.9 for an 
action which FirstNet

[[Page 23955]]

determines may have the potential for significant environmental 
impacts. Actions normally requiring an EA include:
    (a) When a proposed action is not in a category of actions 
described in an available categorical exclusion and there is not 
enough information available to know whether the proposed action 
will have significant environmental impacts, an EA will be prepared. 
In this situation, an EA process is used to determine, through 
environmental impact evaluation and opportunity for public 
involvement, as appropriate, if the impacts on the quality of the 
human environment are potentially significant.
    (b) A proposed action that meets categorical exclusion criteria, 
but that is associated with extraordinary circumstances, may require 
the preparation of an environmental assessment to determine if there 
are significant impacts associated with the action.
    (c) The Chair or a delegate can decide to prepare an EA as a 
best practice planning tool to inform decision makers on the 
environmental impacts of its actions.
    In preparing an EA, FirstNet shall:
    (a) Involve environmental agencies, applicants, and the public 
to the extent practicable.
    (b) Ensure the contents of an EA comply with the requirements of 
40 CFR 1508.9, and shall include:
    1. A detailed project description to include location and maps 
identifying where the proposed action is going to take place.
    2. Sufficient evidence and analysis for FirstNet to determine 
whether to prepare a FONSI or an EIS and facilitate preparation of 
said EIS, if needed;
    3. A brief discussion of the need for the action;
    4. A brief discussion of the environmental impacts of the 
proposed action and alternatives; and
    5. A listing of agencies and person consulted
    (c) Determine, based on an independent review of the EA, whether 
the proposed action will have a significant environmental impact. If 
FirstNet determines that the proposed action will not have a 
significant impact, FirstNet may issue a FONSI as described in 40 
CFR 1508.13. However, if, after review of the EA, FirstNet 
determines that the proposed action will have a significant 
environmental impact, FirstNet will proceed with the preparation of 
an EIS.

General Requirements for an Environmental Impact Statement

    FirstNet shall prepare an EIS when it determines that a proposed 
action may significantly impact the quality of the human environment 
or when the results of an EA indicate the proposed action will have 
significant impacts. Actions normally requiring the preparation of 
an EIS include:
    (a) Major federal actions found to cause significant effects on 
the human environment which cannot be mitigated to a level of 
insignificance (identifiable at the start of the NEPA process or 
through the preparation of an EA).
    (b) Major federal actions occurring in the U.S. known to cause 
significant environmental effects on the global commons, such as the 
oceans or Antarctica, as described in E.O. 12114, Environmental 
Effects Abroad of Major Federal Actions.
    (c) Actions required by statute or treaty to develop an EIS.
    In preparing an EIS, FirstNet shall solicit public involvement 
and comment as described in 40 CFR 1503.1-1503.4 after preparing a 
draft EIS and before preparing a final EIS. FirstNet shall also 
ensure the contents of an EIS contain the elements described in 40 
CFR 1502.10-1502.18 and, unless FirstNet determines that there is a 
compelling reason to do otherwise, shall follow the standard EIS 
format including:

1. Cover Sheet
    i. See 40 CFR 1502.11
2. Summary
    i. See 40 CFR 1502.12
3. Table of Contents
4. Purpose of and Need for Action
    i. See 40 CFR 1502.13
5. Discussion of Proposed Action and Alternatives
    i. See 40 CFR 1502.14
6. Description of the Affected Environment
    i. See 40 CFR 1502.15
7. Discussion of the Environmental Consequences of the Proposed 
Action
    i. See 40 CFR 1502.16
8. List of Preparers
    i. See 40 CFR 1502.17
9. List of Agencies, Organizations, and Persons Consulted
10. Index and Appendices, as appropriate

    Finally, FirstNet shall prepare a concise public Record of 
Decision (ROD) in accordance with 40 CFR 1505.2.

Environmental Review and Consultation Requirements for NEPA Reviews

    To the fullest extent possible, FirstNet shall prepare NEPA 
documents (i.e., CE, EA, EIS) concurrently and integrated with 
environmental analyses and related surveys and studies required by 
the Fish and Wildlife Coordination Act (16 U.S.C. Sec.  661 et 
seq.); National Historic Preservation Act of 1966 (16 U.S.C. 470 et 
seq.), Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); 
Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 et seq.); Bald and 
Golden Eagle Act of 1940, 16 U.S.C. 668 et seq.; E.O. No. 11990, 
Protection of Wetlands; E.O. No. 11988, Floodplain Management; and 
other applicable environmental laws and Executive Orders.

Cumulative Impacts

    FirstNet NEPA analyses shall assess cumulative effects, which 
are the impacts on the environment resulting from the incremental 
impact of the proposed action when added to other past, present, and 
reasonably foreseeable future actions (40 CFR 1508.7).

Environmental Justice

    FirstNet shall comply with E.O. 12898, ``Federal Actions to 
Address Environmental Justice in Minority Populations and Low-Income 
Populations,'' and determine whether the proposed action will have a 
disproportionately high and adverse impact on minority populations 
or low-income populations.

Environmental Determinations and Final Decisions

    The conclusion of the NEPA review process will result in one of 
the following environmental determinations or final decisions.

(a) Categorical Exclusion (CE)

    1. If a proposed action is determined to be a CE and not 
considered a routine administrative, ministerial, or a personnel or 
procurement action, FirstNet shall document its determination that a 
CE applies to a proposed action with a memorandum to the file that 
states no extraordinary circumstances are present that would 
preclude the use of the CE.
    2. For more complicated CEs, a Record of Environmental 
Consideration (REC) would be prepared to document the decision. A 
REC is a brief document that demonstrates that NEPA and other 
relevant laws, regulations, and EOs have been analyzed for an action 
that does not require an EA or EIS. A REC is kept in the 
administrative record and should cite the categorical exclusion used 
and show that the agency determined: (1) the action fits within the 
category of actions described in the categorical exclusions; and (2) 
there are no extraordinary circumstances that would preclude the 
project or proposed action from qualifying as a categorically 
excluded action.

(b) Finding of No Significant Impact (FONSI)

    1. An EA results in either the issuance of FONSI or a 
determination to prepare an EIS. A FONSI is a document (40 CFR 
1508.13) that briefly states why an action (not otherwise excluded) 
will not significantly affect the environment.
    2. If the Chair or delegate determines, based on an independent 
review of the EA, that the proposed action will not have significant 
impact, FirstNet may issue a FONSI and, after all other relevant 
requirements are met, proceed with the proposed action. However, if, 
after an independent review of the EA, it is determined by the Chair 
or a delegate that the proposed action will have a significant 
environmental impact, FirstNet will proceed with the preparation of 
an EIS.

(c) Record of Decision (ROD)

    1. When it is determined that an EIS is required, FirstNet's 
final decision relating to the proposed action will consider the 
environmental information provided in the EIS and require the 
preparation of a ROD. The ROD documents the final decision made and 
the basis for that decision. A ROD shall be prepared in accordance 
with 40 CFR 1505.2 for the final decision maker, whether the Chair 
or a delegate, for approval and signature.
    2. If all other requirements have been met, FirstNet's 
implementation of the proposed action may begin immediately after 
the ROD is signed.

Mitigation

    FirstNet, throughout the environmental review process, shall 
consider mitigation measures, as defined in 40 CFR 1508.20, to avoid 
or minimize environmental harm,

[[Page 23956]]

where possible. In addition, the following actions will be taken to 
ensure proper implementation of mitigation measures:
    (a) FirstNet shall ensure a discussion of mitigation measures 
essential to render the impacts of the proposed action not 
significant is included or referenced in the FONSI and/or the ROD 
prior to making a final environmental determination or decision.
    (b) FirstNet will not commit to mitigation measures considered 
or analyzed in environmental documentation if there are insufficient 
legal authorities, or it is not reasonable to foresee the 
availability of sufficient resources to perform or ensure the 
performance of the mitigation.
    (c) Prior to and during the implementation of the action, 
FirstNet shall monitor project activities to ensure the proper 
execution of any mitigation measures or other conditions established 
and committed to in environmental documentation, as appropriate.
    (d) If mitigation commitments made in NEPA and decision 
documents fail to achieve projected environmental outcomes and there 
is remaining federal action, FirstNet may utilize an adaptive 
management approach and take corrective actions to identify 
alternatives that could take the place of original mitigation 
commitments and provide the intended environmental result.

Tiering

    FirstNet shall tier environmental documents to eliminate 
repetitive discussions of the same issues and to focus on the actual 
issues ripe for decision at each level of environmental review, as 
appropriate (see 40 CFR 1508.28). When a Programmatic EIS has been 
prepared, FirstNet need only summarize the issues discussed in the 
broader environmental document, incorporate discussions from the 
broader environmental document by reference, and focus the tiered 
document on issues specific to the subsequent action.

Supplemental Environmental Documentation

    FirstNet may prepare supplements to either the draft or final 
environmental documentation if:
    (a) FirstNet makes substantial changes in the proposed action 
that are relevant to environmental concerns; or
    (b) There are significant new circumstances or information 
relevant to environmental concerns and bearing on the proposed 
action or its impacts.
    (c) FirstNet is relying upon an environmental review previously 
performed by another federal agency with authority over the action 
or related activity of an applicant, and additional analysis is 
needed to address the reasonably foreseeable impacts of the action 
under consideration by FirstNet.

Emergencies

    FirstNet may implement an emergency NEPA process after 
determining there is a need for taking action that does not allow 
for time for the regular NEPA process and complying with NEPA. This 
section applies only if the Director of Environmental Compliance or 
the NEPA Coordinator, in consultation with FirstNet General Counsel, 
determines that an emergency exists that makes it necessary to take 
urgently needed actions before preparing a NEPA analysis and 
documentation in accordance with the provisions outlined below.
    (a) FirstNet may take those actions necessary to control the 
immediate impacts of the emergency that are urgently needed to 
mitigate imminent harm to life, property, or important natural, 
cultural, or historic resources. When taking such actions, FirstNet 
shall take into account the probable environmental consequences of 
these actions and mitigate foreseeable adverse environmental effects 
to the extent practical.
    (b) The Director of Environmental Compliance, NEPA Coordinator, 
or designee shall document in writing the determination that an 
emergency exists and describe the responsive action(s) taken at the 
time the emergency exists. The form of that documentation is within 
the discretion of FirstNet.
    (c) If the Director of Environmental Compliance or NEPA 
Coordinator determines that proposed actions taken in response to an 
emergency, beyond actions noted in paragraph (a) of this section, 
are not likely to have significant environmental impacts, the 
Director of Environmental Compliance, NEPA Coordinator, or designee 
shall document that determination in an environmental assessment and 
a FONSI prepared in accordance with this part, unless categorically 
excluded. If the Director of Environmental Compliance or NEPA 
Coordinator finds that the nature and scope of the subsequent 
actions related to the emergency require taking actions prior to 
completing an EA and a FONSI, the Director of Environmental 
Compliance or NEPA Coordinator shall consult with the FirstNet Chief 
Counsel about alternative arrangements for NEPA compliance. The 
Director of Environmental Compliance, the NEPA Coordinator, or 
designee may grant an alternative arrangement. Any alternative 
arrangement must be documented and notice of its use provided to 
CEQ.
    (d) The Director of Environmental Compliance or NEPA Coordinator 
shall consult with CEQ about alternative arrangements as soon as 
possible if FirstNet determines that proposed actions taken in 
response to an emergency are likely to have significant 
environmental impacts. Such alternative arrangements will apply only 
to the proposed actions necessary to control the immediate impacts 
of the emergency. Other proposed actions remain subject to NEPA 
analysis and documentation in accordance with this part.
1.08

EFFECTIVE DATE

    The effective date for the FirstNet NEPA implementation 
procedures is April 29, 2014.

Appendix A

LIST OF AUTHORITIES

    (a) Statutes and Regulations that should be considered during 
the development of a NEPA review should include:

1. National Environmental Policy Act (NEPA) of 1969, 42 U.S.C. 4321 
et seq.
2. CEQ Regulations for Implementing the Procedural Provisions of the 
National Environmental Policy Act, as codified at 40 CFR parts 
1500--1508.
3. Endangered Species Act of 1973, 16 U.S.C. 1531 et seq.
4. Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq.
5. National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq.
6. Migratory Bird Treaty Act of 1918, 16 U.S.C. 703 et seq.
7. Bald and Golden Eagle Act of 1940, 16 U.S.C. 668 et seq.
8. Clean Air Act of 1970, 42 U.S.C. 7401 et seq.
9. Clean Water Act, 33 U.S.C. 1251 et seq.
10. Coastal Zone Management Act of 1972, 16 U.S.C. 1451 et seq.
11. Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 et seq.
12. Marine Mammal Protection Act of 1972, 16 U.S.C. 31 et seq.
13. River and Harbors Act of 1899, 33 U.S.C. 401 and 403.

    (b) Executive Orders that should be considered during the 
development of a NEPA review should include:

1. E.O. 11988, Floodplain Management.
2. E.O. 12114, Environmental Effects Abroad of Major Federal 
Actions.
3. E.O. 11990, Protection of Wetlands.
4. E.O. 12898, Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations.
5. E.O. 13112, Invasive Species.
6. E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments.
7. E.O. 13186, Responsibilities of Federal Agencies to Protect 
Migratory Birds.

    (c) CEQ Guidance Documents that should be considered during the 
development of a NEPA review should include:

1. ``Memorandum for Heads of Federal Departments and Agencies: 
Improving the Process for Preparing Efficient and Timely 
Environmental Reviews Under the National Environmental Policy Act'' 
(CEQ, 2012).
2. ``Memorandum for Heads of Federal Departments and Agencies: 
Appropriate Use of Mitigation and Monitoring and Clarifying the 
Appropriate Use of Mitigated Findings of No Significant Impact'' 
(CEQ, 2011).
3. ``Memorandum for Heads of Federal Departments and Agencies: 
Establishing, Applying, and Revising Categorical Exclusions Under 
the National Environmental Policy Act'' (CEQ, 2010).
4. ``Memorandum for Heads of Federal Departments and Agencies: 
Emergencies and the National Environmental Policy Act'' (CEQ, 2010).
5. ``Aligning National Environmental Policy Act Processes with 
Environmental Management Systems'' (CEQ/NEPA Task Force, 2007).
6. ``Collaboration in NEPA: A Handbook for NEPA Practitioners'' 
(CEQ/NEPA Task Force, 2007).
7. ``Memorandum for Federal NEPA Contacts: Emergency Actions and 
NEPA'' (CEQ, 2005).

[[Page 23957]]

8. ``Memorandum for Federal NEPA Contacts: Emergency Actions and 
NEPA, Appendix 2: Preparing Focused, Concise and Timely 
Environmental Assessments'' (CEQ, 2005).
9. ``Guidance on the Consideration of Past Actions in Cumulative 
Effects Analysis'' (CEQ, 2005).
10. ``Modernizing NEPA Implementation'' (CEQ/NEPA Task Force, 2003).
11. ``CEQ Memorandum for Deputy/Assistant Heads of Federal Agencies: 
Identifying Non-Federal Cooperating Agencies in Implementing the 
Procedural Requirements of the National Environmental Policy Act'' 
(CEQ, 2000).
12. ``CEQ Memorandum for Heads of Federal Agencies: Designation of 
Non-Federal Agencies to be Cooperating Agencies in Implementing the 
Procedural Requirements of NEPA'' (CEQ, 1999).
13. ``Considering Cumulative Effects Under the National 
Environmental Policy Act'' (CEQ, 1997).
14. ``Environmental Justice: Guidance Under the National 
Environmental Policy Act'' (CEQ, 1997).
15. ``CEQ Guidance on NEPA Analyses for Transboundary Impacts'' 
(CEQ, 1997).
16. ``Memorandum to Heads of Federal Departments and Agencies 
Regarding Pollution Prevention and the National Environmental Policy 
Act'' (CEQ, 1993).
17. ``Incorporating Biodiversity Considerations into Environmental 
Impact Analysis Under the National Environmental Policy Act'' (CEQ, 
1993).
18. ``CEQ Guidance Regarding NEPA Regulations'' (CEQ, 1983).
19. ``Forty Most Asked Questions Concerning CEQ's NEPA Regulations'' 
(CEQ, 1981).
20. ``Guidance on Applying Section 404(r) of the Clean Water Act to 
Federal Projects Which Involve the Discharge of Dredged or Fill 
Materials into Waters of the U.S., Including Wetlands'' (CEQ, 1980).
21. ``Environmental Effects Abroad of Major Federal Actions, 
Executive Order 12114; Implementing and Explanatory Documents'' 
(CEQ, 1979).
22. ``CEQ Memorandum for Heads of Agencies: Implementation of 
Executive Order 11988 on Floodplain Management and Executive Order 
11990 on Protection of Wetlands'' (CEQ, 1978).
23. ``Environmental Review Pursuant to Section 1424(e) of the Safe 
Drinking Water Act of 1974 and its Relationship to NEPA'' (CEQ, 
1976).

Appendix B

GLOSSARY

    All terminology and definitions contained in 40 CFR parts 1500-
1508 are incorporated into this Directive. The following definitions 
are provided for other terms and phrases used.
    (a) Applicant. Any party who may apply to FirstNet for a Federal 
permit, funding, or other approval or any party proposing such an 
action. Any application should be accompanied by an explanation of 
the expected or reasonably foreseeable environmental impacts, 
identify, as appropriate, alternatives to the action and provide 
supporting documentation. Depending on the program, the applicant 
can be an individual, a private organization, or a Federal, state, 
tribal, or territorial government body.
    (b) Chair of the Board. Member of the FirstNet Board selected by 
the Secretary of Commerce to serve as Chair of the Board for 
FirstNet.
    (c) Council on Environmental Quality (CEQ). Organization within 
the Executive Office of the President charged with monitoring 
progress toward achieving the national environmental goals as set 
forth in NEPA. The CEQ promulgates regulations governing the NEPA 
process for all Federal agencies.
    (d) Determination of NEPA Adequacy. A written document (e.g., 
Memorandum to File or approved checklist) prepared by the Director 
of Environmental Compliance or NEPA Coordinator detailing the 
rationale for adopting another agency's environmental analysis or 
documentation when that analysis or documentation is used to address 
FirstNet's NEPA requirements.
    (e) Director of Environmental Compliance. Individual responsible 
for managing the environmental program for FirstNet to include the 
NEPA program. The NEPA Coordinator reports to this position.
    (f) Environmental Impact Statement (EIS). A detailed written 
statement prepared by an agency if a proposed action significantly 
impacts the quality of the human environment. The decision to 
prepare an EIS is based on the agency's determination that the 
potential impacts are significant or the results of an EA indicate 
significant impacts. An EIS should include discussions of the 
purpose of and need for the action, alternatives, the affected 
environment, the environmental consequences of the proposed action, 
lists of preparers, agencies involved, response to any public 
comments received, organizations and persons to whom the statement 
is sent, an index, and an appendix (if any). An EIS is prepared in 
two stages: a draft and a final. Either stage of an EIS may be 
supplemented.
    (g) Environmental Review. This term refers to the NEPA process 
which includes: 1) identifying and scoping issues related to the 
proposed action; 2) determining the necessary steps for NEPA 
compliance and preparing the NEPA review (CE, EA, EIS, or 
Determination of NEPA Adequacy); and 3) making decisions that are 
based on understanding the environmental consequences of the 
proposed action.
    (h) Finding of No Significant Impact (FONSI). A short NEPA 
document that presents the reasons why an action will not have a 
significant impact on the quality of the human environment and, 
therefore, will not require the preparation of an EIS. A FONSI must 
be supported by an EA, and must include, summarize, attach or 
incorporate by reference the EA. (40 CFR 1508.13).
    (i) FirstNet General Manager. Individual responsible for 
implementing the policies and strategies approved by the FirstNet 
Board, and overseeing all of the day-to-day operations of FirstNet.
    (j) Mitigation. Measures taken to allow the proposed action to: 
avoid environmental impacts altogether; minimize impacts by limiting 
the degree or magnitude of the action; rectify the impact by 
repairing, rehabilitating, or restoring the affected environment; 
reduce or eliminate the impact over time by preservation; and/or 
compensate for the impact.
    (k) NEPA Coordinator. Individual responsible for coordinating 
and overseeing FirstNet's compliance with NEPA.
    (l) NEPA Document. An EA, FONSI, draft, supplemental draft, or 
final EIS, Record of Decision (ROD), Determination of NEPA Adequacy, 
Record of Environmental Consideration, or memorandum documenting the 
application of a CE.
    (m) Project. A Federal action such as a grant, contract, loan, 
loan guarantee, vessel capacity reduction program, land acquisition, 
construction project, license, permit, modification, regulation, or 
research program for which FirstNet has actual control and 
responsibility.
    (n) Record of Decision (ROD). A public document signed by the 
agency decision maker following the completion of an EIS. The ROD 
states the decision, alternatives considered, the environmentally 
preferable alternative(s), factors considered in the agency 
decision, mitigation measures that will be implemented, and whether 
the practicable means to avoid or minimize environmental harm have 
been adopted (40 CFR 1505.2).
    (o) Record of Environmental Consideration (REC). A REC is a 
brief document that demonstrates that NEPA and other relevant laws, 
regulations, and EOs have been analyzed for an action that does not 
require an EA or EIS. A REC is kept in the administrative record and 
should cite the categorical exclusion used and show that the agency 
determined: (1) the action fits within the category of actions 
described in the categorical exclusions; and (2) there are no 
extraordinary circumstances that would preclude the project or 
proposed action from qualifying as a categorically excluded action.
    (p) Supplemental Environmental Documents. A document prepared to 
amend an original NEPA document when there is a significant change 
in the action proposed beyond the scope of the original 
environmental review or when circumstances or information arise that 
could affect the proposed action and its environmental impacts (40 
CFR 1502.9(c)).

Appendix C

CATEGORICAL EXCLUSIONS

    A.1: The issuance of bulletins and information publications that 
do not concern environmental matters or substantial facility design, 
construction, or maintenance practices.
    A.2: Procurement activities related to the day-to-day operation 
of FirstNet, including routine procurement of goods or services.
    A.3: Personnel and Administrative Actions.
    A.4: Purchase of existing facilities or a portion thereof where 
use or operation will remain unchanged.

[[Page 23958]]

    A.5: Internal modifications or equipment additions (e.g., 
computer facilities, relocating interior walls) to structures or 
buildings.
    A.6: Construction of buried and aerial telecommunications lines, 
cables, and related facilities.
    A.7: Construction of wireless telecommunications facilities 
involving no more than five acres (2 hectares) of physical 
disturbance at any single site.
    A.8: Construction of cooperative or company headquarters, 
maintenance facilities, or other buildings involving no more than 10 
acres (4 hectares) of physical disturbance or fenced property.
    A.9: Changes to existing transmission lines that involve less 
than 20 percent pole replacement, or the complete rebuilding of 
existing distribution lines within the same right of way. Changes to 
existing transmission lines that require 20 percent or greater pole 
replacement will be considered the same as new construction.
    A.10: Changes or additions to existing substations, switching 
stations, telecommunications switching or multiplexing centers, or 
external changes to buildings or small structures requiring one acre 
(0.4 hectare) or more but no more than five acres (2 hectares) of 
new physically disturbed land or fenced property.
    A.11: Construction of substations, switching stations, or 
telecommunications switching or multiplexing centers requiring no 
more than five acres (2 hectares) of new physically disturbed land 
or fenced property.
    A.12: Changes or additions to wireless telecommunication sites, 
substations, switching stations, telecommunications switching or 
multiplexing centers, buildings, or small structures requiring new 
physical disturbance or fencing of less than one acre (0.4 hectare).
    A.13: Ordinary maintenance or replacement of equipment or small 
structures (e.g., line support structures, line transformers, 
microwave facilities, telecommunications remote switching and 
multiplexing sites).
    A.14: The construction of telecommunications facilities within 
the fenced area of an existing substation, switching station, or 
within the boundaries of an existing electric generating facility 
site.
    A.15: Testing or monitoring work (e.g., soil or rock core 
sampling, monitoring wells, air monitoring).
    A.16: Studies and engineering undertaken to define proposed 
actions or alternatives sufficiently so that environmental effects 
can be assessed.
    A.17: Rebuilding of power lines or telecommunications cables 
where road or highway reconstruction requires the applicant to 
relocate the lines either within or adjacent to the new road or 
highway easement or right-of-way.
    A.18: Phase or voltage conversions, reconductoring or upgrading 
of existing electric distribution lines, or telecommunication 
facilities.
    A.19: Construction of standby diesel electric generators (one 
megawatt or less total capacity) and associated facilities, for the 
primary purpose of providing emergency power at an existing 
applicant headquarters or district office, telecommunications 
switching or multiplexing site, or at an industrial, commercial, or 
agricultural facility served by the applicant.

Appendix D

EXTRAORDINARY CIRCUMSTANCES

    Extraordinary circumstances that may preclude the use of a CE 
include:
    (a) Reasonable likelihood of significant impact on public health 
or safety.
    (b) Reasonable likelihood of significant environmental effects 
(direct, indirect, and cumulative)
    (c) Reasonable likelihood of effects on the environment that are 
highly uncertain, unique, or are scientifically controversial.
    (d) Reasonable likelihood of violating any federal, state, or 
local law or requirements imposed for the protection of the 
environment.
    (e) Reasonable likelihood of adversely affecting 
``environmentally sensitive'' resources, unless the impact has been 
resolved through another environmental process (e.g., Coastal Zone 
Management Act, Clean Air Act, Clean Water Act).
    Environmentally sensitive resources may include:
    1. Proposed or federally listed threatened or endangered 
species, or their designated critical habitat (including species and 
habitat listed under the Endangered Species Act of 1973 (16 U.S.C. 
Sec.  1531 et seq.); Migratory Bird Treaty Act of 1918 (16 U.S.C. 
Sec.  703 et seq.) and Bald and Golden Eagle Act of 1940, (16 U.S.C. 
Sec.  668 et seq.).
    2. Areas having special designation or recognition such as prime 
or unique or agricultural lands; designated wilderness or wilderness 
study areas; wild and scenic rivers; 100-year or 500-year 
floodplains; wetlands; sole source aquifers (potential sources of 
drinking water); National Wildlife Refuges; National Parks; areas of 
critical environmental concern; or other areas of high environmental 
sensitivity.
    (f) Reasonable likelihood of adversely impacting water quality, 
sole source aquifers, public water supply systems, or state, local, 
or tribal water quality standards established under the Clean Water 
Act and the Safe Drinking Water Act.
    (g) Reasonable likelihood of effects on the quality of the 
environment that are highly controversial on environmental grounds. 
The term ``controversial'' means a substantial dispute exists as to 
the size, nature, or effect of the proposed action rather than to 
the existence of opposition to a proposed action, the effect of 
which is relatively undisputed.
    (h) Reasonable likelihood of a disproportionately high and 
adverse effect on low income populations or minority populations.
    (i) Limited access to and ceremonial use of Indian sacred sites 
on federal lands by Indian religious practitioners or significantly 
adversely affect the physical integrity of such sacred sites.
    (j) A greater scope or size than is normal for this category of 
action.
    (k) Reasonable likelihood of degrading already existing poor 
environmental conditions. Also, initiation of a degrading influence, 
activity, or effect in areas not already significantly modified from 
their natural condition.
    (l) Introduction or employment of unproven technology.

[FR Doc. 2014-09733 Filed 4-28-14; 8:45 am]
BILLING CODE 3510-60-P