National Environmental Policy Act Implementing Procedures for the Bureau of Land Management (516 DM 11), 14700-14702 [2020-05095]
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Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Notices
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[LLWO210000.L1610000]
National Environmental Policy Act
Implementing Procedures for the
Bureau of Land Management (516 DM
11)
Office of the Secretary, Interior.
ACTION: Notice.
AGENCY:
This notice announces the
Department of the Interior’s
(Department) proposal to revise the
National Environmental Policy Act
(NEPA) implementing procedures for
the Bureau of Land Management (BLM)
at Chapter 11 of Part 516 of the
Departmental Manual (DM) with a
proposed new categorical exclusion
(CX).
SUMMARY:
Comments must be postmarked
(for mailed comments), delivered (for
personal or messenger delivery
comments), or filed (for electronic
comments) no later than April 13, 2020.
ADDRESSES: The public can review the
proposed changes to the DM and the
new proposed CX Verification Report
online at: https://tinyurl.com/w8t4jx2.
Comments can be submitted using:
• BLM National NEPA Register:
https://tinyurl.com/w8t4jx2. Follow the
instruction at this website.
• Mail: U.S. Department of the
Interior, Bureau of Land Management,
Attention: WO–210–PJCX, 20 M Street
SE, Room 2134LM, Washington, DC
20003.
• Personal or messenger delivery:
U.S. Department of the Interior, Bureau
of Land Management, Attention: W0–
210–PJCX, 20 M Street SE, Room
2134LM, Washington, DC 20003.
FOR FURTHER INFORMATION CONTACT:
Heather Bernier, Acting Division Chief,
Decision Support, Planning, and NEPA,
at (202) 912–7282, or hbernier@blm.gov.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Relay Service (FRS) at 1–800–
877–8339. The FRS is available 24 hours
a day, 7 days a week, to leave a message
or question with the above individual.
You will receive a reply during normal
business hours.
SUPPLEMENTARY INFORMATION:
DATES:
jbell on DSKJLSW7X2PROD with NOTICES
Background
The National Environmental Policy
Act (NEPA) requires Federal agencies to
consider the potential environmental
consequences of their decisions before
deciding whether and how to proceed.
The Council on Environmental Quality
(CEQ) encourages Federal agencies to
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use categorical exclusions (CXs) to
protect the environment more efficiently
by reducing the resources spent
analyzing proposals which generally do
not have potentially significant
environmental impacts, thereby
allowing those resources to be focused
on proposals that may have significant
environmental impacts. The appropriate
use of CXs allow NEPA compliance, in
the absence of extraordinary
circumstances that merit further
consideration, to be concluded without
preparing either an environmental
assessment (EA) or an environmental
impact statement (EIS) (40 CFR
1500.4(p) and 40 CFR 1508.4).
The Department’s revised NEPA
procedures were published in the
Federal Register on October 15, 2008
(73 FR 61292), and are codified at 43
CFR part 46. Additional Departmentwide NEPA policy may be found in the
DM, in chapters 1 through 4 of part 516.
The procedures for the Department’s
bureaus are published as chapters 7
through 15 of this DM part 516. Chapter
11 of 516 DM covers the BLM’s
procedures. The BLM’s current
procedures can be found at: https://
elips.doi.gov/ELIPS/DocView.aspx?
id=1721. These procedures address
policy as well as procedure in order to
assure compliance with the spirit and
intent of NEPA.
Rationale
The BLM has been managing
sagebrush ecosystems for greater sagegrouse, mule deer, and other species for
over a decade, implementing pinyon
pine and juniper tree removal
treatments to restore habitat mosaics
within the landscape and address the
various habitat needs of mule deer and
sage-grouse. Pinyon pine and juniper
tree encroachment poses a serious threat
to the health of millions of acres under
BLM management. Following years of
experience removing these trees without
significant effects, the BLM has
identified that establishing a CX for the
actions is necessary for expediting
maintenance of sagebrush habitats
essential to mule deer and sage-grouse.
The BLM has completed review of
scientific literature and previously
analyzed and implemented actions in
the Report on the results of a Bureau of
Land Management analysis of NEPA
records and field verification in support
of establishment of a categorical
exclusion for pinyon pine and juniper
management projects (Pinyon-Juniper
CX Verification Report), which is
incorporated by reference here, and is
summarized in Justification for Change
below, and has found that the
establishment of a CX is appropriate
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because of the evidence of no significant
effects from the removal of these trees.
Establishing the new proposed CX
would streamline the process for pinyon
pine and juniper tree removal projects
that normally do not require analysis in
order to determine significance through
an EA or EIS.
Description of Change
The Department proposes to add one
CX to the BLM chapter of the
Departmental Manual 516 DM 11 at a
proposed new Section, J. Habitat
Restoration. The language of the
proposed new CX citation at 516 DM
11.9 J. (1) Habitat Restoration is:
(1) Covered actions on up to 10,000
acres within sagebrush and sagebrushsteppe plant communities to manage
pinyon pine and juniper trees for the
benefit of mule deer or sage-grouse
habitats. Covered actions include:
Manual or mechanical cutting
(including lop-and-scatter); mastication
and mulching; yarding and piling of cut
trees; pile burning; seeding or manual
planting of seedlings of native species;
and removal of cut trees for commercial
products, such as sawlogs, specialty
products, or fuelwood, or noncommercial uses. Such activities:
(a) Shall not include: Cutting of oldgrowth trees; seeding or planting of nonnative species; chaining; pesticide or
herbicide application; broadcast
burning; jackpot burning; construction
of new temporary or permanent roads;
or construction of other new permanent
infrastructure.
(b) Shall disclose the land use plan
decisions providing for protections of
the following resources and resource
uses in the documentation of the
categorical exclusion:
(1) Specifications for management of
mule deer habitat;
(2) Specifications for management of
sage-grouse habitat;
(3) Specifications for erosion control
measures;
(4) Criteria for minimizing or
remedying soil compaction;
(5) Types and extents of logging
system constraints (e.g., seasonal,
location, extent);
(6) Extent and purpose of seasonal
operating constraints or restrictions;
(7) Criteria to limit spread of weeds;
(8) Size of riparian buffers or riparian
zone operating restrictions; and
(9) Operating constraints and
restrictions for pile burning.
The intent of this CX is to improve the
efficiency of routine environmental
review processes in for the management
of pinyon pine and juniper trees for the
benefit of mule deer and sage-grouse
habitat. Each proposed action must be
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Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Notices
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reviewed for extraordinary
circumstances that would preclude the
use of this CX. The Department list of
extraordinary circumstances under
which a normally excluded action
would require further analysis and
documentation in an EA or EIS is found
at 43 CFR 46.215. If a proposed pinyon
pine and juniper tree management
project is within the activity described
in this CX, then these ‘‘extraordinary
circumstances’’ will be considered in
the context of the proposed project to
determine if they indicate the potential
for effects that merit additional
consideration in an EA or EIS. If any of
the extraordinary circumstances
indicate such potential, the CX would
not be used, and an EA or EIS would be
prepared.
The public is asked to review and
comment on the newly proposed CX. To
be considered, any comments on this
proposed addition to the list of CXs in
the DM must be received by the date
listed in the DATES section of this notice
at the location listed in the ADDRESSES
section. Comments received after that
date will be considered only to the
extent practicable. Comments, including
names and addresses of respondents,
will be part of the public record and
available for public review at the BLM
address shown in the ADDRESSES
section, during business hours, 8 a.m. to
4:30 p.m., Monday through Friday,
except holidays. Before including your
address, telephone number, email
address, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Justification for Change
Proposed CX number J (1) covers
management and control of juniper and
pinyon pine on treatment areas of up to
10,000 acres to benefit mule deer and
sage-grouse habitat. This CX would
allow the BLM to more quickly
implement sagebrush-steppe restoration
projects that would reduce pinyon pine
and juniper density and cover in areas
of their expansion, while improving and
increasing native plant communities.
The BLM proposes CX J (1) after
reviewing existing NEPA analysis and
available scientific research on the
effects of these types of routine actions
over time and over different geographic
areas. The BLM has documented in
detail the justification for establishing
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this new CX in the Verification Report,
which is incorporated by reference here
and available to review in full at the
websites shown in ADDRESSES.
Pinyon and juniper woodlands were
estimated to occupy less than 3 million
hectares (7 million acres) prior to EuroAmerican settlement (1870s), but now
occupy over 30 million hectares (74
million acres), a 10-fold increase
attributed to many factors including fire
suppression, grazing, land clearing, and
climate change (Miller and Tausch
2001). Pinyon-juniper species can be
aggressive invaders into more
productive shrub-steppe communities
that historically occupied deeper soils
than the pinyon pine and juniper tree
woodlands. As of 2016, sagebrush
ecosystems in the U.S. occupied only
about one-half of their historical
distribution (Pyke et al. 2017).
The BLM’s review of the available
literature demonstrates that the
activities proposed for this new CX
would not cause significant
environmental effects, whether the
activities were to be implemented
individually or in combination. As
discussed in detail in the Verification
Report Methods section, the research
overwhelmingly shows that pinyon pine
and juniper tree removal restores
ecosystem values associated with the
rebound of native shrubs (including
sagebrush), perennial grasses, and forbs,
even when there may be a component
of non-native forbs and annual grasses.
Despite the expectation that annual
grasses (e.g., exotics like cheatgrass)
often increase after pinyon pine and
juniper tree treatment, the current
literature shows that the native plant
communities reestablish after
mechanical pinyon pine and juniper
tree removal treatments, becoming
dominant (over nonnative species)
either immediately after treatment or
within a few years. The Jones (2019)
literature review reported no studies
showing that pinyon-juniper removal
had negative effects on sage-grouse
habitat, and 60 percent of the relevant
studies found that pinyon pine and
juniper tree removal in sagebrush
communities increased sage-grouse use
of the treated areas. A review of pinyon
pine and juniper tree treatment effects
on deer and elk habitat by Bombaci and
Pejchar (2016), cited by Jones (2019),
found that mechanical treatments have
variable effects on deer and elk use of
sage-steppe ecosystems, both seasonally
and annually, ranging from decreased
use to increased use.
As discussed in the Methods section
of the Verification Report, the BLM has
analyzed the effects of many pinyon
pine and juniper tree removal projects
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14701
in EAs, and has monitored postimplementation results. All associated
NEPA documents were reviewed to
determine the scope of environmental
consequences anticipated to result from
the proposed actions. There were no
instances where any of the evaluated
projects would have resulted in a need
to complete an EIS had these measures
not been applied as a feature of the
proposed action or alternatives. Often,
through application of design features,
environmental effects are minimized to
the degree that resource issues were
eliminated from further analysis due to
application of these project elements.
While long-term benefits of reducing
fuel loading and improving sagebrushsteppe habitats are primarily beneficial,
neutral, or result in no effect findings,
there are documented instances of
adverse, residual environmental
consequences associated with
implementation of these treatments.
These environmental consequences are
not considered individually or
cumulatively significant based on the
conclusions from the EA analyses,
which are summarized by resources in
the Methods section of the Verification
Report for soils, invasive plants,
wildlife, pinyon pine and juniper tree
obligate species, visuals, big game
species, wilderness characteristics,
cultural artifacts, tribal resources, air
quality, and biomass (pp. 16–20). The
BLM’s post-implementation
observations align with the literature
review summarized in the Methods of
the Verification Report.
The BLM specifically notes that with
the current level of understanding, the
advance of invasive species, whether
pre-existing or new, may be an outcome
of pinyon pine and juniper tree
management. However, as described in
the Verification Report, native
sagebrush and sage-steppe vegetative
composition and forage production
improve despite the presence of
invasive plant species. The BLM
addresses actions for managing invasive
plant species in their land use plans,
and any implementation of this CX
would be required to be in conformance
with any protection measures required
through the applicable plan. In addition,
the BLM has not included activities
with unknown or potentially high risks
of introducing invasive plants in the
proposed CX, namely broadcast
burning, jackpot burning, and road
construction.
The BLM’s experience with
implementing and monitoring these
types of project mirrors the scientific
literature; taken together, they support
establishment of this proposed CX,
providing the evidence that this type
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Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Notices
and scope of action can be categorically
excluded from further detailed analysis.
As described in detail in the
Verification Report, establishment of
this proposed new CX would not
individually or cumulatively have
significant impacts on the human
environment, and its use, like that of
other administratively established CXs,
would be subject to extraordinary
circumstances review.
Authorities: NEPA, the National
Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.); E.O.
11514, March 5, 1970, as amended by
E.O. 11991, May 24, 1977; and CEQ
regulations (40 CFR 1507.3).
Michaela E. Noble,
Director, Office of Environmental Policy and
Compliance.
[FR Doc. 2020–05095 Filed 3–12–20; 8:45 am]
BILLING CODE 4331–84–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NRNHL–29726;
PPWOCRAD10, PUC00RP14.R50000]
Cold War Advisory Committee Notice
of Public Meeting
National Park Service, Interior.
Meeting notice.
AGENCY:
ACTION:
The National Park Service
(NPS) is hereby giving notice that the
Cold War Advisory Committee
(Committee) will hold a meeting via
teleconference. The meeting is open to
the public.
DATES: The Committee will meet via
teleconference on Tuesday, March 31,
2020, from 1:00 p.m. until
approximately 4:00 p.m. (Eastern).
FOR FURTHER INFORMATION CONTACT:
Robie Lange, National Historic
Landmarks Program Historian, National
Park Service, telephone at (202) 354–
2257, or email robie_lange@nps.gov.
Teleconference participants must call
the NPS office in Washington, DC at
(202) 354–2257, between Thursday,
March 26, 2020, and Monday, March 30,
2020, to receive teleconference
information.
SUPPLEMENTARY INFORMATION: The
Committee was established by Title VII,
Subtitle C, Section 7210(c) of Public
Law 111–11, the Omnibus Public Land
Management Act of 2009, March 30,
2009 (16 U.S.C. 1a–5 note).
The Committee teleconference will be
open to the public and will have time
allocated for public comment. Please
contact FOR FURTHER INFORMATION
CONTACT for teleconference information.
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
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18:16 Mar 12, 2020
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Purpose of the Meeting: The
Committee assists the Secretary of the
Interior in the preparation of a national
historic landmark theme study to
identify sites and resources significant
to the Cold War. The order of the agenda
may be changed, if necessary. The
meeting agenda includes:
1. Call to Order
2. Introductions
3. Deputy Associate Director,
Preservation Assistance Programs’
Welcome
4. Election of Committee Chair
5. Committee Discussion of Revised
‘‘Registration Requirements’’
Chapter of Draft National Historic
Landmarks (NHL) Theme Study
6. Committee Discussion of Draft NHL
Nomination for the former Strategic
Air Command Ground Alert Facility
at Mountain Home Air Force Base
7. NHL Program’s Update on Cold War
History Interpretive Handbook
8. Additional Committee Comments
9. Public Comments
10. Adjourn Meeting
Public Disclosure of Comments:
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Authority: 5 U.S.C. Appendix 2.
Alma Ripps,
Chief, Office of Policy.
[FR Doc. 2020–05108 Filed 3–12–20; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–639–642 and
731–TA–1475–1492 (Preliminary)]
Common Alloy Aluminum Sheet From
Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia,
Italy, Korea, Oman, Romania, Serbia,
Slovenia, South Africa, Spain, Taiwan,
and Turkey; Institution of AntiDumping and Countervailing Duty
Investigations and Scheduling of
Preliminary Phase Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the institution of investigations
SUMMARY:
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and commencement of preliminary
phase antidumping and countervailing
duty investigation Nos. 701–TA–639–
642 and 731–TA–1475–1492
(Preliminary) pursuant to the Tariff Act
of 1930 (‘‘the Act’’) to determine
whether there is a reasonable indication
that an industry in the United States is
materially injured or threatened with
material injury, or the establishment of
an industry in the United States is
materially retarded, by reason of
imports of common alloy aluminum
sheet from Bahrain, Brazil, Croatia,
Egypt, Germany, Greece, India,
Indonesia, Italy, Korea, Oman, Romania,
Serbia, Slovenia, South Africa, Spain,
Taiwan, and Turkey, provided for in
subheading 7606.11.30, 7606.11.60,
7606.12.30, 7606.12.60, 7606.91.30,
7606.91.60, 7606.92.30, and 7606.92.60
of the Harmonized Tariff Schedule of
the United States, that are alleged to be
sold in the United States at less than fair
value and alleged to be subsidized by
the Governments of Bahrain, Brazil,
India, and Turkey. Unless the
Department of Commerce (‘‘Commerce’’)
extends the time for initiation, the
Commission must reach a preliminary
determination in antidumping and
countervailing duty investigations in 45
days, or in this case by April 23, 2020.
The Commission’s views must be
transmitted to Commerce within five
business days thereafter, or by April 30,
2020.
DATES: March 9, 2020.
FOR FURTHER INFORMATION CONTACT:
Stamen Borisson ((202)-205–3125),
Office of Investigations, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436.
Hearing-impaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—These investigations
are being instituted, pursuant to
sections 703(a) and 733(a) of the Tariff
Act of 1930 (19 U.S.C. 1671b(a) and
1673b(a)), in response to a petition filed
on March 9, 2020, by The Aluminum
Association Common Alloy Aluminum
Sheet Working Group and its Individual
Members, Aleris Rolled Products, Inc.,
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]]>Agencies
[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Notices]
[Pages 14700-14702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05095]
[[Page 14700]]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[LLWO210000.L1610000]
National Environmental Policy Act Implementing Procedures for the
Bureau of Land Management (516 DM 11)
AGENCY: Office of the Secretary, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the Department of the Interior's
(Department) proposal to revise the National Environmental Policy Act
(NEPA) implementing procedures for the Bureau of Land Management (BLM)
at Chapter 11 of Part 516 of the Departmental Manual (DM) with a
proposed new categorical exclusion (CX).
DATES: Comments must be postmarked (for mailed comments), delivered
(for personal or messenger delivery comments), or filed (for electronic
comments) no later than April 13, 2020.
ADDRESSES: The public can review the proposed changes to the DM and the
new proposed CX Verification Report online at: https://tinyurl.com/w8t4jx2. Comments can be submitted using:
BLM National NEPA Register: https://tinyurl.com/w8t4jx2.
Follow the instruction at this website.
Mail: U.S. Department of the Interior, Bureau of Land
Management, Attention: WO-210-PJCX, 20 M Street SE, Room 2134LM,
Washington, DC 20003.
Personal or messenger delivery: U.S. Department of the
Interior, Bureau of Land Management, Attention: W0-210-PJCX, 20 M
Street SE, Room 2134LM, Washington, DC 20003.
FOR FURTHER INFORMATION CONTACT: Heather Bernier, Acting Division
Chief, Decision Support, Planning, and NEPA, at (202) 912-7282, or
[email protected]. Persons who use a telecommunications device for the
deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339.
The FRS is available 24 hours a day, 7 days a week, to leave a message
or question with the above individual. You will receive a reply during
normal business hours.
SUPPLEMENTARY INFORMATION:
Background
The National Environmental Policy Act (NEPA) requires Federal
agencies to consider the potential environmental consequences of their
decisions before deciding whether and how to proceed. The Council on
Environmental Quality (CEQ) encourages Federal agencies to use
categorical exclusions (CXs) to protect the environment more
efficiently by reducing the resources spent analyzing proposals which
generally do not have potentially significant environmental impacts,
thereby allowing those resources to be focused on proposals that may
have significant environmental impacts. The appropriate use of CXs
allow NEPA compliance, in the absence of extraordinary circumstances
that merit further consideration, to be concluded without preparing
either an environmental assessment (EA) or an environmental impact
statement (EIS) (40 CFR 1500.4(p) and 40 CFR 1508.4).
The Department's revised NEPA procedures were published in the
Federal Register on October 15, 2008 (73 FR 61292), and are codified at
43 CFR part 46. Additional Department-wide NEPA policy may be found in
the DM, in chapters 1 through 4 of part 516. The procedures for the
Department's bureaus are published as chapters 7 through 15 of this DM
part 516. Chapter 11 of 516 DM covers the BLM's procedures. The BLM's
current procedures can be found at: https://elips.doi.gov/ELIPS/DocView.aspx?id=1721. These procedures address policy as well as
procedure in order to assure compliance with the spirit and intent of
NEPA.
Rationale
The BLM has been managing sagebrush ecosystems for greater sage-
grouse, mule deer, and other species for over a decade, implementing
pinyon pine and juniper tree removal treatments to restore habitat
mosaics within the landscape and address the various habitat needs of
mule deer and sage-grouse. Pinyon pine and juniper tree encroachment
poses a serious threat to the health of millions of acres under BLM
management. Following years of experience removing these trees without
significant effects, the BLM has identified that establishing a CX for
the actions is necessary for expediting maintenance of sagebrush
habitats essential to mule deer and sage-grouse. The BLM has completed
review of scientific literature and previously analyzed and implemented
actions in the Report on the results of a Bureau of Land Management
analysis of NEPA records and field verification in support of
establishment of a categorical exclusion for pinyon pine and juniper
management projects (Pinyon-Juniper CX Verification Report), which is
incorporated by reference here, and is summarized in Justification for
Change below, and has found that the establishment of a CX is
appropriate because of the evidence of no significant effects from the
removal of these trees. Establishing the new proposed CX would
streamline the process for pinyon pine and juniper tree removal
projects that normally do not require analysis in order to determine
significance through an EA or EIS.
Description of Change
The Department proposes to add one CX to the BLM chapter of the
Departmental Manual 516 DM 11 at a proposed new Section, J. Habitat
Restoration. The language of the proposed new CX citation at 516 DM
11.9 J. (1) Habitat Restoration is:
(1) Covered actions on up to 10,000 acres within sagebrush and
sagebrush-steppe plant communities to manage pinyon pine and juniper
trees for the benefit of mule deer or sage-grouse habitats. Covered
actions include: Manual or mechanical cutting (including lop-and-
scatter); mastication and mulching; yarding and piling of cut trees;
pile burning; seeding or manual planting of seedlings of native
species; and removal of cut trees for commercial products, such as
sawlogs, specialty products, or fuelwood, or non-commercial uses. Such
activities:
(a) Shall not include: Cutting of old-growth trees; seeding or
planting of non-native species; chaining; pesticide or herbicide
application; broadcast burning; jackpot burning; construction of new
temporary or permanent roads; or construction of other new permanent
infrastructure.
(b) Shall disclose the land use plan decisions providing for
protections of the following resources and resource uses in the
documentation of the categorical exclusion:
(1) Specifications for management of mule deer habitat;
(2) Specifications for management of sage-grouse habitat;
(3) Specifications for erosion control measures;
(4) Criteria for minimizing or remedying soil compaction;
(5) Types and extents of logging system constraints (e.g.,
seasonal, location, extent);
(6) Extent and purpose of seasonal operating constraints or
restrictions;
(7) Criteria to limit spread of weeds;
(8) Size of riparian buffers or riparian zone operating
restrictions; and
(9) Operating constraints and restrictions for pile burning.
The intent of this CX is to improve the efficiency of routine
environmental review processes in for the management of pinyon pine and
juniper trees for the benefit of mule deer and sage-grouse habitat.
Each proposed action must be
[[Page 14701]]
reviewed for extraordinary circumstances that would preclude the use of
this CX. The Department list of extraordinary circumstances under which
a normally excluded action would require further analysis and
documentation in an EA or EIS is found at 43 CFR 46.215. If a proposed
pinyon pine and juniper tree management project is within the activity
described in this CX, then these ``extraordinary circumstances'' will
be considered in the context of the proposed project to determine if
they indicate the potential for effects that merit additional
consideration in an EA or EIS. If any of the extraordinary
circumstances indicate such potential, the CX would not be used, and an
EA or EIS would be prepared.
The public is asked to review and comment on the newly proposed CX.
To be considered, any comments on this proposed addition to the list of
CXs in the DM must be received by the date listed in the DATES section
of this notice at the location listed in the ADDRESSES section.
Comments received after that date will be considered only to the extent
practicable. Comments, including names and addresses of respondents,
will be part of the public record and available for public review at
the BLM address shown in the ADDRESSES section, during business hours,
8 a.m. to 4:30 p.m., Monday through Friday, except holidays. Before
including your address, telephone number, email address, or other
personal identifying information in your comment, you should be aware
that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Justification for Change
Proposed CX number J (1) covers management and control of juniper
and pinyon pine on treatment areas of up to 10,000 acres to benefit
mule deer and sage-grouse habitat. This CX would allow the BLM to more
quickly implement sagebrush-steppe restoration projects that would
reduce pinyon pine and juniper density and cover in areas of their
expansion, while improving and increasing native plant communities. The
BLM proposes CX J (1) after reviewing existing NEPA analysis and
available scientific research on the effects of these types of routine
actions over time and over different geographic areas. The BLM has
documented in detail the justification for establishing this new CX in
the Verification Report, which is incorporated by reference here and
available to review in full at the websites shown in ADDRESSES.
Pinyon and juniper woodlands were estimated to occupy less than 3
million hectares (7 million acres) prior to Euro-American settlement
(1870s), but now occupy over 30 million hectares (74 million acres), a
10-fold increase attributed to many factors including fire suppression,
grazing, land clearing, and climate change (Miller and Tausch 2001).
Pinyon-juniper species can be aggressive invaders into more productive
shrub-steppe communities that historically occupied deeper soils than
the pinyon pine and juniper tree woodlands. As of 2016, sagebrush
ecosystems in the U.S. occupied only about one-half of their historical
distribution (Pyke et al. 2017).
The BLM's review of the available literature demonstrates that the
activities proposed for this new CX would not cause significant
environmental effects, whether the activities were to be implemented
individually or in combination. As discussed in detail in the
Verification Report Methods section, the research overwhelmingly shows
that pinyon pine and juniper tree removal restores ecosystem values
associated with the rebound of native shrubs (including sagebrush),
perennial grasses, and forbs, even when there may be a component of
non-native forbs and annual grasses. Despite the expectation that
annual grasses (e.g., exotics like cheatgrass) often increase after
pinyon pine and juniper tree treatment, the current literature shows
that the native plant communities reestablish after mechanical pinyon
pine and juniper tree removal treatments, becoming dominant (over
nonnative species) either immediately after treatment or within a few
years. The Jones (2019) literature review reported no studies showing
that pinyon-juniper removal had negative effects on sage-grouse
habitat, and 60 percent of the relevant studies found that pinyon pine
and juniper tree removal in sagebrush communities increased sage-grouse
use of the treated areas. A review of pinyon pine and juniper tree
treatment effects on deer and elk habitat by Bombaci and Pejchar
(2016), cited by Jones (2019), found that mechanical treatments have
variable effects on deer and elk use of sage-steppe ecosystems, both
seasonally and annually, ranging from decreased use to increased use.
As discussed in the Methods section of the Verification Report, the
BLM has analyzed the effects of many pinyon pine and juniper tree
removal projects in EAs, and has monitored post-implementation results.
All associated NEPA documents were reviewed to determine the scope of
environmental consequences anticipated to result from the proposed
actions. There were no instances where any of the evaluated projects
would have resulted in a need to complete an EIS had these measures not
been applied as a feature of the proposed action or alternatives.
Often, through application of design features, environmental effects
are minimized to the degree that resource issues were eliminated from
further analysis due to application of these project elements. While
long-term benefits of reducing fuel loading and improving sagebrush-
steppe habitats are primarily beneficial, neutral, or result in no
effect findings, there are documented instances of adverse, residual
environmental consequences associated with implementation of these
treatments. These environmental consequences are not considered
individually or cumulatively significant based on the conclusions from
the EA analyses, which are summarized by resources in the Methods
section of the Verification Report for soils, invasive plants,
wildlife, pinyon pine and juniper tree obligate species, visuals, big
game species, wilderness characteristics, cultural artifacts, tribal
resources, air quality, and biomass (pp. 16-20). The BLM's post-
implementation observations align with the literature review summarized
in the Methods of the Verification Report.
The BLM specifically notes that with the current level of
understanding, the advance of invasive species, whether pre-existing or
new, may be an outcome of pinyon pine and juniper tree management.
However, as described in the Verification Report, native sagebrush and
sage-steppe vegetative composition and forage production improve
despite the presence of invasive plant species. The BLM addresses
actions for managing invasive plant species in their land use plans,
and any implementation of this CX would be required to be in
conformance with any protection measures required through the
applicable plan. In addition, the BLM has not included activities with
unknown or potentially high risks of introducing invasive plants in the
proposed CX, namely broadcast burning, jackpot burning, and road
construction.
The BLM's experience with implementing and monitoring these types
of project mirrors the scientific literature; taken together, they
support establishment of this proposed CX, providing the evidence that
this type
[[Page 14702]]
and scope of action can be categorically excluded from further detailed
analysis. As described in detail in the Verification Report,
establishment of this proposed new CX would not individually or
cumulatively have significant impacts on the human environment, and its
use, like that of other administratively established CXs, would be
subject to extraordinary circumstances review.
Authorities: NEPA, the National Environmental Policy Act of 1969,
as amended (42 U.S.C. 4321 et seq.); E.O. 11514, March 5, 1970, as
amended by E.O. 11991, May 24, 1977; and CEQ regulations (40 CFR
1507.3).
Michaela E. Noble,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2020-05095 Filed 3-12-20; 8:45 am]
BILLING CODE 4331-84-P
