National Environmental Policy Act, Revised Procedures, 8544-8549 [2020-03009]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service

[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Notices]
[Pages 8544-8549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03009]


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DEPARTMENT OF AGRICULTURE

Forest Service


National Environmental Policy Act, Revised Procedures

AGENCY: Forest Service, USDA.

ACTION: Notice of availability.

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SUMMARY: This notice announces the establishment of a categorical 
exclusion (CE) for the USDA, Forest Service as directed by the 
amendment of the Healthy Forests Restoration Act (HFRA) of 2003 by the 
Agriculture Improvement Act of 2018. This establishment revises Forest 
Service policies and procedures for compliance with the National 
Environmental Policy Act (NEPA), as amended. This CE, as well as others 
established by Congress, as described below, will be incorporated into 
the Forest Service Handbook.

DATES: The new and updated CEs will be incorporated into Forest Service 
Handbook (FSH) 1909.15, Chapter 30 March 16, 2020.

ADDRESSES: The public will be able to review the revised FSH on the 
Forest Service's website at: https://www.fs.fed.us/emc/nepa/nepa_procedures/index.shtml. The Forest Service's current procedures 
can also be viewed at that website.

FOR FURTHER INFORMATION CONTACT: James Smalls, Assistant Director, 
Ecosystem Management Coordination via phone at 202-205-1475 or via 
email at [email protected].
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION: Over the past several years, Congress has 
established new or revised existing CEs or exceptions from NEPA for use 
by the Forest Service. These actions are listed in FSH 1909.15--
National Environmental Policy Act Handbook, Chapter 30--Categorical 
Exclusion from Documentation. Section 32.3 lists categories established 
by statute and section 32.4 lists statutory NEPA exceptions. Chapter 30 
is being updated to add a new statutorily established CE for greater 
sage-grouse or mule deer habitat. The Agriculture Improvement Act of 
2018 amended Title VI of HFRA of 2003 (16 U.S.C. 6591 et seq.) to add 
section 606. Section 606 directed development of a CE for specified 
covered vegetation management activities carried out to protect, 
restore, or improve habitat for greater sage-grouse or mule deer (HFRA, 
Section 606(b)(1)). Section 606 further provides the specific terms, 
actions, limitations, exclusions, and definitions of activities to be 
included in the CE established. As directed by this section, the Forest 
Service is to establish the CE that meets these same specific terms, 
actions, limitations, exclusions, and definitions; and to establish the 
CE within one year of the enactment of the legislation (by December 20, 
2019).
    In addition to adding the section 606 CE, the Forest Service is 
combining sections 32.3 and 32.4 of FSH 1909.15, Chapter 30. The 
updated section 32.3 will also incorporate updates to the Forest 
Service's approach to implementation of the section 603 CE and 
incorporate several other CEs established by Congress in recent years. 
Section 32.3 has also been reordered to list the categories and 
exceptions in chronological order based on when they were enacted.
    Because the categories and exceptions are established or directed 
by Congress, the Forest Service does not have the discretion to change 
their terms. Below is the new text of FSH 1909.15, Chapter 30, Section 
32.3:

32.3--Categories and Exceptions Established by Statute

    Congress has statutorily established the following CEs or 
exceptions from NEPA. Excluding the exception for organizational camp 
special use authorizations, all of the following items must be 
published to the Schedule of Proposed Actions and must be entered into 
the Planning, Appeals, and Litigation System (PALS). Specific 
requirements on public input, collaboration, documentation, and 
extraordinary circumstances vary by each category and are specified 
below. The responsible official should be familiar with each category, 
as they have varying procedural requirements.
    1. Organizational Camp Special Use Authorizations. The National 
Forest Organizational Camp Fee Improvement Act of 2003 (16 U.S.C. 6231 
et seq.) established that the ministerial issuance or amendment of an 
organizational camp special use authorization is not subject to NEPA. 
Sections 502(c) and 507 (16 U.S.C. 6231, 6236) provide as follows:
    502(c) Definitions. In this Act:
    (1) The term ``organizational camp'' means a public or semipublic 
camp that--
    (A) is developed on National Forest System lands by a nonprofit 
organization or governmental entity;
    (B) provides a valuable service to the public by using such lands 
as a setting to introduce young people or individuals with a disability 
to activities that they may not otherwise experience and to educate 
them on natural resource issues; and
    (C) does not have as its primary purpose raising revenue through 
commercial activities.
    507(a) NEPA EXCEPTION.--The ministerial issuance or amendment of an 
organizational camp special use authorization shall not be subject to 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (b) RULE OF CONSTRUCTION.--For purposes of subsection (a), the 
ministerial issuance or amendment of an authorization occurs only when 
the issuance or amendment of the authorization would not change the 
physical environment or the activities, facilities, or program of the 
operations

[[Page 8545]]

governed by the authorization, and at least one of the following apply.
    (1) The authorization is issued upon a change in control of the 
holder of an existing authorization.
    (2) The holder, upon expiration of an authorization, is issued a 
new authorization.
    (3) The authorization is amended--
    (A) to effectuate administrative changes, such as modification of 
the land use fee or conversion to a new special use authorization form; 
or
    (B) to include nondiscretionary environmental standards or to 
conform with current law.
    Cite this authority as 16 U.S.C. 6236.
    2. Applied Silvicultural Assessments. Section 404 of the Healthy 
Forests Restoration Act categorically excludes applied silvicultural 
assessments for information gathering and research purposes. Section 
404 (16 U.S.C. 6554) provides as follows:
    Applied silvicultural assessment and research treatments carried 
out under this section on not more than 1,000 acres for an assessment 
or treatment may be categorically excluded from documentation in an 
environmental impact statement and environmental assessment under the 
National Environmental Policy Act of 1969.
    Applied silvicultural assessments must be peer reviewed by 
scientific experts including non-Federal experts. This CE is subject to 
the extraordinary circumstances provisions (sec. 31.4). For guidance on 
use of this CE, see Title IV of the Healthy Forests Restoration Act 16 
U.S.C. 6551-6556.
    Cite this authority as (16 U.S.C. 6554(d)).
    3. Oil and Gas Leases. Section 390 of the Energy Policy Act of 2005 
directs that certain activities shall be subject to a rebuttable 
presumption that the use of a CE under NEPA would apply if the activity 
is conducted pursuant to the Mineral Leasing Act (30 U.S.C. et seq., as 
amended) for the purpose of exploration or development of oil or gas. 
Section 390 identifies five categories of actions that are subject to 
the statutory categorical exclusion.
    The categorical exclusions apply exclusively to oil and gas 
exploration and development activities conducted pursuant to the 
Mineral Leasing Act on Federal oil and gas leases. They do not apply to 
geothermal leases.
    Section 390 (42 U.S.C. 15942) provides as follows:
    a. NEPA REVIEW.--Action by the Secretary of the Interior in 
managing the public lands, or the Secretary of Agriculture in managing 
National Forest System Lands, with respect to any of the activities 
described in subsection (b) shall be subject to a rebuttable 
presumption that the use of a categorical exclusion under the National 
Environmental Policy Act of 1969 (NEPA) would apply if the activity is 
conducted pursuant to the Mineral Leasing Act for the purpose of 
exploration or development of oil or gas.
    b. ACTIVITIES DESCRIBED.--The activities referred to in subsection 
(a) are the following:
    (1) Individual surface disturbances of less than 5 acres so long as 
the total surface disturbance on the lease is not greater than 150 
acres and site-specific analysis in a document prepared pursuant to 
NEPA has been previously completed.
    (2) Drilling an oil or gas well at a location or well pad site at 
which drilling has occurred previously within 5 years prior to the date 
of spudding the well.
    (3) Drilling an oil or gas well within a developed field for which 
an approved land use plan or any environmental document prepared 
pursuant to NEPA analyzed such drilling as a reasonably foreseeable 
activity, so long as such plan or document was approved within 5 years 
prior to the date of spudding the well.
    (4) Placement of a pipeline in an approved right-of-way corridor, 
so long as the corridor was approved within 5 years prior to the date 
of placement of the pipeline.
    (5) Maintenance of a minor activity, other than any construction or 
major renovation or a building or facility.
    Additional guidance on using these CEs can be found in the June 9, 
2010 Deputy Chief's 1950 memo to Regional Forester and in the Deputy 
Chief's 1950 memo to Regional Foresters dated September 1, 2011, 
entitled Energy Policy Act of 2005, Adjusted Use of Section 390 
Categorical Exclusions for Oil and Gas due to Western Energy Alliance 
v. Salazar, No. 10-237 (D. Wyo. August 12, 2011). Copies of these 
letters are added at Exhibit 01 at the end of section 32.3. Per the 
2011 memo, a review of extraordinary circumstances is not required for 
use of Section 390 CEs. A decision memo is required to document:
    (1) Identification of the applicable categories.
    (2) A brief narrative stating the rationale for making the 
determination that use of the categorical exclusion(s) applies to the 
activity under consideration, specifically addressing the applicable 
review criteria, including extraordinary circumstances.
    (3) Any additional information required to demonstrate compliance 
with all applicable laws, regulations, and policies (e.g., Biological 
Assessment/Biological Evaluation, cultural/heritage resource clearance, 
etc.).
    (4) Copies or reference to materials used to support the 
determination.
    Cite this authority as 42 U.S.C. 15942.
    4. Lake Tahoe Basin Hazardous Fuel Reduction Projects. The 2009 
Omnibus Appropriations Act (Public Law (Pub. L.) 111-8) established a 
CE for hazardous fuels reduction projects within the Lake Tahoe Basin 
Management Unit.
    Within the Lake Tahoe Basin Management Unit, projects carried out 
under this authority are limited to the following size limitations:

 a proposal to authorize a hazardous fuel reduction project, not to 
exceed 5,000 acres, including no more than 1,500 acres of mechanical 
thinning. (Sec. 423(a))

    This CE can be used if the project:

 is consistent with the Lake Tahoe Basin Multi-Jurisdictional Fuel 
Reduction and Wildfire Prevention Strategy published in December 2007 
and any subsequent revision to the strategy; is not conducted in any 
wilderness areas; and does not involve any new permanent roads. (Sec. 
423(a))

    A proposal using this CE shall be subject to:

 the extraordinary circumstances procedures . . . ; and an opportunity 
for public input. (Sec. 423(b))

    Document this category in a decision memo (FSH 1909.15, 33.2-33.3). 
The decision memo should include a description of the efforts taking by 
the Lake Tahoe Basin Management Unit provide an opportunity for public 
input.
    Cite this authority as Public Law 111-8, Sec. 423.
    5. Insect and Disease Infestation. Section 8204 of the Agricultural 
Act of 2014 (Pub. L. 113-79) amended Title VI of the Healthy Forests 
Restoration Act of 2003 (HFRA) (16 U.S.C. 6591 et seq.) to add sections 
602 and 603. Section 8407 of the Agriculture Improvement Act of 2018 
(Pub. L. 115-334) later amended sections 602 and 603 to add hazardous 
fuels reduction projects to the types of projects that may be carried 
out under sections 602 and 603. Projects completed using the section 
603 provisions are considered categorically excluded from the 
requirements of NEPA and evaluation of extraordinary circumstances is 
not required.

[[Page 8546]]

    Section 603 can be used for qualifying insect and disease or 
hazardous fuels reduction projects in areas designated by the Secretary 
under section 602 on National Forest System lands. Landscape scale 
areas may be designated by the Secretary if they meet at least one of 
the criteria found in HFRA, sections 602(c)(1)(2) & (3). An insect and 
disease or hazardous fuels project that may be carried out under this 
authority is a project that is designed to reduce the risk or extent 
of, or increase the resilience to, insect or disease infestation, or to 
reduce hazardous fuels in the areas (HFRA, Sections 602(d) and 603(a)).
    Within designated landscape scale areas, projects carried out under 
this authority are limited to areas in:

 the wildland-urban interface; or Condition Classes 2 or 3 in Fire 
Regime Groups I, II, or III, outside the wildland urban interface. 
(HFRA, Sections 603(c)(2)(A) & (B))

    Projects carried out under this authority may not be implemented in 
any of the following areas:

 a component of the National Wilderness Preservation System; any 
Federal land on which, by Act of Congress or Presidential proclamation, 
the removal of vegetation is restricted or prohibited; a 
congressionally designated wilderness study area; or an area in which 
activities . . . would be inconsistent with the applicable land and 
resource management plan. (HFRA, Sections 603(d)(1)-(4))

    A project under this authority must either carry out a forest 
restoration treatment that:

 complies with the eligibility requirements of the Collaborative Forest 
Landscape Restoration Program under section 4003(b) of the Omnibus 
Public Land Management Act of 2009 (16 U.S.C. 7303(b)). (HFRA, Sections 
603(b)(2))

    Or, a project under this authority must carry out a forest 
restoration treatment that:
    maximizes the retention of old-growth and large trees, as 
appropriate for the forest type, to the extent that the trees promote 
stands that are resilient to insects and disease;
    considers the best available scientific information to maintain or 
restore the ecological integrity, including maintaining or restoring 
structure, function, composition, and connectivity; and
    is developed and implemented through a collaborative process that--
    includes multiple interested persons representing diverse 
interests; and
    is transparent and nonexclusive; or
    meets the requirements for a resource advisory committee under 
subsections (c) through (f) of section 205 of the Secure Rural Schools 
and Community Self-Determination Act of 2000 (16 U.S.C. 7125). (HFRA, 
Sections 603(b)(1)(A)-(C)).

    Projects carried out under this authority are subject to the 
following size limitation on the number of acres treated:

    may not exceed 3000 acres. (HFRA, Section 603(c)(1))

    Projects carried out under this authority are subject to the 
following limitations relating to roads:

    A project . . . shall not include the establishment of permanent 
roads.
    The Secretary may carry out necessary maintenance and repairs on 
existing permanent roads for purposes of this section.
    The Secretary shall decommission any temporary road constructed 
under a project under this section not later than 3 years after the 
date on which the project is completed. (HFRA, Section 603(c)(3))

    All projects and activities carried out under this authority:

    shall be consistent with the land and resource management plans. . 
.'' (HFRA, Section 603(e))

    For projects and actions carried out under this authority:

    The Secretary shall conduct public notice and scoping for any 
project or action. (HFRA, Section 603(f))

    Document this category in a decision memo (FSH 1909.15, 33.2-33.3). 
The decision memo should include a description of the efforts taken by 
the Agency to meet the collaborative process requirements in HFRA, 
Section 603(b)(1).
    Cite this authority as section 603 of HFRA (16 U.S.C. 6591b).
    6. Grazing Permits and Leases. The Carl Levin and Howard P. 
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 
(Pub. L. 113-291) amended section 402 of the Federal Land Policy and 
Management Act (43 U.S.C. 1752) to add a grazing permit categorical 
exclusion (402(h)(1)).
    (1) In general.--The issuance of a grazing permit or lease by the 
Secretary concerned may be categorically excluded from the requirement 
to prepare an environmental assessment or an environmental impact 
statement under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) if--
    (a) the issued permit or lease continues the current grazing 
management of the allotment; and
    (b) the Secretary concerned--
    (i) has assessed and evaluated the grazing allotment associated 
with the lease or permit; and
    (ii) based on the assessment and evaluation under clause (i), has 
determined that the allotment--
    (II) with respect to National Forest System land administered by 
the Secretary of Agriculture--
    (aa) is meeting objectives in the applicable land and resource 
management plan; or
    (bb) is not meeting the objectives in the applicable land resource 
management plan due to factors other than existing livestock grazing.
    The category is subject to extraordinary circumstances review and 
should be documented in a decision memo (FSH 1909.15, 33.2-33.3).
    Cite this authority as section 402(h)(1) of FLPMA (43 U.S.C. 1752).
    7. Trailing and Crossing of Livestock. The Carl Levin and Howard P. 
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 
(Pub. L. 113-291) amended section 402 of the Federal Land Policy and 
Management Act (U.S.C. 1752) to add a trailing and crossing categorical 
exclusion (402(h)(2)).
    (2) The trailing and crossing of livestock across public land and 
the implementation of trailing and crossing practices by the Secretary 
concerned may be categorically excluded from the requirement to prepare 
an environmental assessment or an environmental impact statement under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    This category is subject to extraordinary circumstances review and 
should be documented in a decision memo (FSH 1909.15, 33.2-33.3).
    Cite this authority as section 402(h)(2) of FLPMA (43 U.S.C. 1752).
    8. Lake Tahoe Basin Forest Management Activities. In 2016, the 
Water Infrastructure Improvements for the Nation Act (WIIN) (Pub. L. 
114-322) amended the Lake Tahoe Restoration Act (Pub. L. 106-506; 114 
Stat. 2353) by establishing a CE for forest management activities in 
the Lake Tahoe Basin Management Unit for the purpose of reducing forest 
fuels.
    Within the Lake Tahoe Basin Management Unit, projects carried out 
under this authority can be carried out using the CE if the forest 
management activity:


[[Page 8547]]


    notwithstanding section 423 of the Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2009 (division E 
of Pub. L. 111-8; 123 Stat. 748), does not exceed 10,000 acres, 
including not more than 3,000 acres of mechanical thinning; (Pub. L. 
114-322, Sec. 3603(c))

    Projects must be developed:

    in coordination with impacted parties, specifically including 
representatives of local governments, such as county supervisors or 
county commissioners; and in consultation with other interested parties 
(Pub. L. 114-322, Sec. 3603(c))
    All projects and activities carried out under this authority must 
be:

    consistent with the Lake Tahoe Basin Management Unit land and 
resource management plan. (Pub. L. 114-322, Sec. 3603(c))

    This category is subject to extraordinary circumstances review and 
should be documented in a decision memo (FSH 1909.15, 33.2-33.3). The 
decision memo should include a description of the efforts taken by the 
Lake Tahoe Basin Management Unit to meet the coordination and 
consultation requirements.
    Cite this authority as Public Law 114-322, Sec. 3603.
    9. Wildfire Resilience. The Consolidated Appropriations Act of 2018 
(Pub. L. 115-171) amended Title VI of the Healthy Forests Restoration 
Act of 2003 (HFRA) (16 U.S.C. 6591 et seq.) to add Section 605. Section 
605 establishes a categorical exclusion for hazardous fuels reduction 
projects in designated areas on National Forest System lands. A 
hazardous fuels reduction project that may be categorically excluded 
under this authority is a project that is designed to maximize the 
retention of old-growth and large trees, to the extent that the trees 
promote stands that are resilient to insects and disease, and reduce 
the risk or extent of, or increase the resilience to, wildfires (HFRA, 
Sections 605(b)(1)(A)).
    This categorical exclusion may be used to carry out a hazardous 
fuels project in an insect and disease treatment area that was 
designated by the Secretary under HFRA section 602(b) by March 23, 
2018. (HFRA, Section 605(c)(2)(C))
    Within designated landscape scale areas, projects carried out under 
this authority are:

    Prioritized in the wildland-urban interface; or
    If located outside the wildland-urban interface, limited to 
Condition Classes 2 or 3 in Fire Regime Groups I, II, or III that 
contain very high wildfire hazard potential. (HFRA, Sections 
605(c)(2)(A) & (B))

    Projects carried out under this authority may not be implemented in 
any of the following areas:

    a component of the National Wilderness Preservation System;
    any Federal land on which, by Act of Congress or Presidential 
proclamation, the removal of vegetation is restricted or prohibited;
    a congressionally designated wilderness study area; or
    an area in which activities . . . would be inconsistent with the 
applicable land and resource management plan. (HFRA, Sections 
605(d)(1)-(4))
    A project under this authority must either carry out a forest 
restoration treatment that:

    complies with the eligibility requirements of the Collaborative 
Forest Landscape Restoration Program under section 4003(b) of the 
Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(b)). (HFRA, 
Sections 605(b)(2))

    Or, a project under this authority must carry out a forest 
restoration treatment that:

    maximizes the retention of old-growth and large trees, as 
appropriate for the forest type, to the extent that the trees promote 
stands that are resilient to insects and disease, and reduce the risk 
or extent of, or increase the resilience to, wildfires;
    considers the best available scientific information to maintain or 
restore the ecological integrity, including maintaining or restoring 
structure, function, composition, and connectivity; and
    is developed and implemented through a collaborative process that--
    includes multiple interested persons representing diverse 
interests; and
    is transparent and nonexclusive; or
    meets the requirements for a resource advisory committee under 
subsections (c) through (f) of section 205 of the Secure Rural Schools 
and Community Self-Determination Act of 2000 (16 U.S.C. 7125). (HFRA, 
Sections 605(b)(1)(A)-(C)).

    Projects carried out under this authority are subject to the 
following size limitation on the number of acres treated:
    may not exceed 3000 acres.
    (HFRA, Section 605(c)(1))

    Projects carried out under this authority are subject to the 
following limitations relating to roads:

    A project . . . shall not include the establishment of permanent 
roads.
    The Secretary may carry out necessary maintenance and repairs on 
existing permanent roads for purposes of this section.
    The Secretary shall decommission any temporary road constructed 
under a project under this section not later than 3 years after the 
date on which the project is completed. (HFRA, Section 605(c)(3))

    All projects and activities carried out under this authority:
    shall apply the extraordinary circumstances procedures under 
section 220.6 of title 36, Code of Federal Regulations (or successor 
regulations) when using the categorical exclusion under this section. 
(HFRA, Section 605((c)(4))
    shall be consistent with the land and resource management plans. . 
. (HFRA, Section 605(e))

    For projects and actions carried out under this authority:
    The Secretary shall conduct public notice and scoping for any 
project or action. (HFRA, Section 605(f))

    Document this category in a decision memo (FSH 1909.15, 33.2-33.3). 
The decision memo should include a description of the efforts taken by 
the Agency to meet the collaborative process requirements in HFRA, 
Section 605(b)(1).
    Cite this authority as Section 605 of HFRA (16 U.S.C. 6591d).
    10. Greater Sage-Grouse and Mule Deer Habitat. The Agriculture 
Improvement Act of 2018 (Pub. L. 115-334) amended Title VI of the 
Healthy Forests Restoration Act of 2003 (HFRA) (16 U.S.C. 6591 et seq.) 
to add Section 606. Section 606 establishes a categorical exclusion for 
covered vegetation management activities carried out to protect, 
restore, or improve habitat for greater sage-grouse or mule deer. 
(HFRA, Section 606(b)(1))
    This categorical exclusion may be used to carry out a covered 
vegetation management activity on National Forest System land that was 
designated under HFRA section 602(b), by December 20, 2018. (HFRA, 
Section 606(g)(2))
    Projects carried out under this authority are subject to the 
following size limitation on the number of acres treated:

    may not exceed 4,500 acres. (HFRA, Sections 606(g)(1))

    Covered vegetation management activities under this authority 
include:

    manual cutting and removal of juniper trees, pinyon pine trees, 
other

[[Page 8548]]

associated conifers, or other nonnative or invasive vegetation;
    mechanical mastication, cutting, or mowing, mechanical piling and 
burning, chaining, broadcast burning, or yarding;
    removal of cheat grass, medusa head rye, or other nonnative, 
invasive vegetation;
    collection and seeding or planting of native vegetation using a 
manual, mechanical, or aerial method;
    seeding of nonnative, noninvasive, ruderal vegetation only for the 
purpose of emergency stabilization;
    targeted use of an herbicide, subject to the condition that the use 
shall be in accordance with applicable legal requirements, Federal 
agency procedures, and land use plans;
    targeted livestock grazing to mitigate hazardous fuels and control 
noxious and invasive weeds;
    temporary removal of wild horses or burros in the area in which the 
activity is being carried out to ensure treatment objectives are met;
    in coordination with the affected permit holder, modification or 
adjustment of permissible usage under an annual plan of use of a 
grazing permit issued by the Secretary . . . to achieve restoration 
treatment objectives;
    installation of new, or modification of existing, fencing or water 
sources intended to control use or improve wildlife habitat; or
    necessary maintenance of, repairs to, rehabilitation of, or 
reconstruction of an existing permanent road or construction of 
temporary roads to accomplish the activities described in this 
subparagraph. (HFRA, Sections 606(a)(1)(B))

    A covered vegetation management activity that may be categorically 
excluded under this authority is a project that:

    is carried out on National Forest System land administered by the 
Forest Service; conforms to an applicable forest plan;
    protects, restores, or improves greater sage-grouse or mule deer 
habitat in a sagebrush steppe ecosystem as described in--
    Circular 1416 of the United States Geological Survey entitled 
`Restoration Handbook for Sagebrush Steppe Ecosystems with Emphasis on 
Greater Sage-Grouse Habitat--Part 1. Concepts for Understanding and 
Applying Restoration' (2015); or
    the habitat guidelines for mule deer published by the Mule Deer 
Working Group of the Western Association of Fish and Wildlife Agencies;
    will not permanently impair--
    the natural state of the treated area;
    outstanding opportunities for solitude;
    outstanding opportunities for primitive, unconfined recreation;
    economic opportunities consistent with multiple-use management; or
    the identified values of a unit of the National Landscape 
Conservation System;
    restores native vegetation following a natural disturbance; 
prevents the expansion into greater sage-grouse or mule deer habitat of 
juniper, pinyon pine, or other associated conifers; or nonnative or 
invasive vegetation; reduces the risk of loss of greater sage-grouse or 
mule deer habitat from wildfire or any other natural disturbance; or 
provides emergency stabilization of soil resources after a natural 
disturbance; and provides for the conduct of restoration treatments 
that--
    maximize the retention of old-growth and large trees, as 
appropriate for the forest type;
    consider the best available scientific information to maintain or 
restore the ecological integrity, including maintaining or restoring 
structure, function, composition, and connectivity;
    are developed and implemented through a collaborative process 
that--includes multiple interested persons representing diverse 
interests; and is transparent and nonexclusive; or
    meets the requirements for a resource advisory committee under 
subsections (c) through (f) of section 205 of the Secure Rural Schools 
and Community Self-Determination Act of 2000 (16 U.S.C. 7125); and
    may include the implementation of a proposal that complies with the 
eligibility requirements of the Collaborative Forest Landscape 
Restoration Program under section 4003(b) of the Omnibus Public Land 
Management Act of 2009 (16 U.S.C. 7303(b)). (HFRA, Sections 
606(a)(1)(A))

    Covered vegetation management activities under this authority do 
not include:

    any activity conducted in a wilderness area or wilderness study 
area;
    any activity for the construction of a permanent road or permanent 
trail;
    any activity conducted on Federal land on which, by Act of Congress 
or Presidential proclamation, the removal of vegetation is restricted 
or prohibited;
    any activity conducted in an area in which activities under 
subparagraph (B) would be inconsistent with the applicable land and 
resource management plan; or
    any activity conducted in an inventoried roadless area. (HFRA, 
Sections 606(a)(1)(C))

    This categorical exclusion shall:

    comply with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.);
    apply the extraordinary circumstances procedures under section 
220.6 of title 36, Code of Federal Regulations (or successor 
regulations), in determining whether to use the categorical exclusion; 
and
    consider the relative efficacy of landscape-scale habitat projects; 
the likelihood of continued declines in the populations of greater 
sage-grouse and mule deer in the absence of landscape-scale vegetation 
management; and the need for habitat restoration activities after 
wildfire or other natural disturbances. (HFRA, Sections 606(b))
    If the categorical exclusion . . . is used to implement a covered 
vegetative management activity in an area within the range of both 
greater sage-grouse and mule deer, the covered vegetative management 
activity shall protect, restore, or improve habitat concurrently for 
both greater sage-grouse and mule deer. (HFRA, Sections 606(c))

    In regards to the disposal of vegetation material under this 
authority:

    Subject to applicable local restrictions, any vegetative material 
resulting from a covered vegetation management activity under this 
authority may be used for fuel wood; or other products; or piled or 
burned, or both. (HFRA, Sections 606(e))

    Any temporary road constructed in carrying out a covered vegetation 
management activity under this authority:

    shall be used . . . for not more than 2 years; and
    shall be decommissioned . . . not later than 3 years after the 
earlier of the date on which--
    the temporary road is no longer needed; and
    the project is completed;
    shall include reestablishing native vegetative cover as soon as 
practicable; but not later than 10 years after the date of completion 
of the applicable covered vegetation management activity. (HFRA, 
Sections 606(f))

    Under this authority, a temporary road means a road that is:

    authorized by a contract, permit, lease, other written 
authorization; or pursuant to an emergency operation;
    not intended to be part of the permanent transportation system of a 
Federal department or agency;

[[Page 8549]]

    not necessary for long-term resource management;
    designed in accordance with standards appropriate for the intended 
use of the
    road, taking into consideration safety; the cost of transportation; 
and impacts to
    land and resources; and
    managed to minimize erosion; and the introduction or spread of 
invasive species. (HFRA, Sections 606(a)(3))

    Document this category in a decision memo (FSH 1909.15, 33.2-33.3). 
The decision memo should include a description of the efforts taken by 
the Agency to meet the collaborative process requirements in HFRA, 
Section 606(a)(1)(A)(vii)(III).
    Cite this authority as Section 606 of HFRA (16 U.S.C. 6591e).

    Dated: January 16, 2020.
Allen Rowley,
Associate Deputy Chief, National Forest System.
[FR Doc. 2020-03009 Filed 2-13-20; 8:45 am]
BILLING CODE 3411-15-P