National Environmental Policy Act Implementing Procedures for the Bureau of Land Management (516 DM 11), 25472-25474 [2020-09301]
Download as PDF
<![CDATA[
25472
Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Notices
Relay Service at 1–800–877–8339 for
TTY assistance.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
received an incidental take permit (ITP)
application from the Pueblo of Santa
Clara in accordance with the
requirements of the Endangered Species
Act, as amended (ESA; 16 U.S.C. 1531
et seq.). We announced the availability
of the ITP application and associated
low-effect habitat conservation plan
(LEHCP) in a March 2, 2020 (85 FR
12324), Federal Register notice. For
more information, see that notice.
We are reopening the public comment
period on the ITP application and
associated documents (see DATES and
ADDRESSES). Based on comments
submitted during the original public
comment period, we identified an
incomplete statement in the LEHCP
regarding the land status of the well
field. This statement has been corrected
and clarified in the LEHCP on the
following pages: Page i (Summary), page
2 (Section 1.1), page 4 (Section 1.5),
page 9 (introduction paragraph to
Section 3), page 19 (Section 4.1), and
page 32 (Section I of Appendix A). No
other changes were made to the
document other than this clarification. If
you have previously submitted
comments, please do not resubmit them,
we have already incorporated them in
the public record and will fully consider
them in our final decision.
Public Availability of Comments
All comments we receive become part
of the public record associated with this
action. Requests for copies of comments
will be handled in accordance with the
Freedom of Information Act, National
Environmental Policy Act, and Service
and Department of the Interior policies
and procedures. 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 to withhold your
personal identifying information from
public review, we cannot guarantee that
we will be able to do so. All
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Authority
We issue this notice pursuant to
section 10(c) of the ESA (16 U.S.C. 1531
VerDate Sep<11>2014
08:07 May 01, 2020
Jkt 250001
et seq.) and its implementing
regulations in the Code of Federal
Regulations (50 CFR 17.22 and 17.32),
and the National Environmental Policy
Act (42 U.S.C. 4321 et seq.) and its
implementing regulations (40 CFR
1506.6 and 43 CFR 46.305).
Amy Lueders,
Regional Director, Southwest Region, U.S.
Fish and Wildlife Service.
[FR Doc. 2020–09262 Filed 4–30–20; 8:45 am]
BILLING CODE 4333–15–P
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.
Notice of revisions.
AGENCY:
ACTION:
This notice announces the
establishment of a categorical exclusion
(CX) for the Bureau of Land
Management (BLM) as directed by the
amendment of the Healthy Forests
Restoration Act (HFRA) of 2003 by the
Agriculture Improvement Act of 2018.
This establishment revises BLM policies
and procedures for compliance with the
National Environmental Policy Act
(NEPA), as amended; other statutes;
Executive Order 11514, as amended;
Executive Order 12114; and the Council
on Environmental Quality’s regulations.
These CXs, as well as others established
by Congress, as described below, will be
incorporated into the Departmental
Manual (DM) and will be added to the
Department of the Interior’s
(Department) Electronic Library of
Interior Policies (ELIPS).
DATES: The CXs will be incorporated
into 516 DM 11 June 1, 2020.
ADDRESSES: The public will be able to
review the revised DM on the
Department’s website at https://
www.doi.gov/nepa. ELIPS is located at:
https://www.doi.gov/elips. The BLM’s
current procedures can be found at:
https://elips.doi.gov/ELIPS/
DocView.aspx?id=1721.
FOR FURTHER INFORMATION CONTACT:
Heather Bernier, Acting Division Chief,
Planning and Decision Support, Bureau
of Land Management at (202) 912–7282,
[insert address], 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 to contact Heather Bernier.
The FRS is available 24 hours a day, 7
SUMMARY:
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
days a week, to leave a message or
question with the above individual. You
will receive a reply during normal
business hours.
SUPPLEMENTARY INFORMATION: The
BLM’s NEPA procedures, located at
Chapter 11 of Part 516 of the
Departmental Manual (516 DM 11),
were last updated August 14, 2007. The
Agriculture Improvement Act of 2018
amended Title VI of the HFRA of 2003
(16 U.S.C. 6591 et seq.) to add Section
606. Section 606 directed development
of a CX 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 CX
established. As directed by this section,
the BLM is to establish the CX that
meets these same specific terms,
actions, limitations, exclusions, and
definitions; and to establish the CX
within one year of the enactment of the
legislation (by December 20, 2019). In
addition, the BLM is taking the
opportunity to incorporate into 516 DM
11 several other CXs established by
Congress in recent years.
Because the CXs are established or
directed by Congress, the BLM does not
have the discretion to change their
terms.
Below is the new text of Chapter 11,
reflecting the statutorily established or
directed CXs:
11.10 Categorical Exclusions
Established or Directed by Statute
A. The Energy Policy Act of 2005
(Pub. L. 109–58) (42 U.S.C. 15942)
established actions for categorical
exclusion from NEPA analysis. Use of
Energy Policy Act categorical exclusions
does not require review for
extraordinary circumstances. This is
because these CXs are established by
statute, and their application is
governed by that statute. Section 390 of
the Energy Policy Act of 2005 provides:
(a) NEPA Review.—Action by the
Secretary of the Interior in managing the
public 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 (NEPA) of
1969 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:
E:\FR\FM\01MYN1.SGM
01MYN1
Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Notices
(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 of a building or facility.
B. Section 3023 ‘‘Grazing Permits and
Leases’’ of Public Law 113–291, The
Carl Levin and Howard P. ‘Buck’
McKeon National Defense Authorization
Act for Fiscal Year 2015, amended
Section 402 of FLPMA. The amended
text is now included in FLPMA, as
amended, as Section 402(h). Therefore,
the BLM may use the grazing permit
categorical exclusion (1) or the trailing
and crossing categorical exclusion (2).
Application of either categorical
exclusion requires extraordinary
circumstances review. Section 402(h) of
FLPMA provides:
(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—
(I) with respect to public land
administered by the Secretary of the
Interior— (aa) is meeting land health
standards; or
VerDate Sep<11>2014
08:07 May 01, 2020
Jkt 250001
(bb) is not meeting land health
standards due to factors other than
existing livestock grazing; or
(2) Trailing and crossing.—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.)
C. The Agriculture Improvement Act
of 2018 (P.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 directed
development of a categorical exclusion
for covered vegetation management
activities carried out to protect, restore,
or improve habitat for greater sagegrouse or mule deer (HFRA, Section
606(b)(1)). This categorical exclusion
may be used to carry out a ‘‘covered
vegetation management activity’’
(defined at HFRA, Section 606(a)(1)(B))
whose purpose is for the management of
greater sage-grouse and mule deer
habitat on public lands that was
designated under HFRA section 602(b),
on December 20, 2018 (HFRA, Section
606(g)(2)). Application of this
categorical exclusion requires
extraordinary circumstances review.
Section 606 of HFRA provides:
(a) Definitions.—In this section:
(1) COVERED VEGETATION
MANAGEMENT ACTIVITY.—
(A) IN GENERAL.—The term ‘covered
vegetation management activity’ means
any activity described in subparagraph
(B) that—
(i) is carried out on public land
administered by the Bureau of Land
Management;
(ii) with respect to public land, meets
the objectives of the order of the
Secretary of the Interior numbered 3336
and dated January 5, 2015;
(iii) conforms to an applicable land
use plan;
(iv) protects, restores, or improves
greater sage-grouse or mule deer habitat
in a sagebrush steppe ecosystem as
described in—
(I) 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
(II) the habitat guidelines for mule
deer published by the Mule Deer
Working Group of the Western
Association of Fish and Wildlife
Agencies;
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
25473
(v) will not permanently impair—
(I) the natural state of the treated area;
(II) outstanding opportunities for
solitude;
(III) outstanding opportunities for
primitive, unconfined recreation;
(IV) economic opportunities
consistent with multiple-use
management; or
(V) the identified values of a unit of
the National Landscape Conservation
System;
(vi) (I) restores native vegetation
following a natural disturbance;
(II) prevents the expansion into
greater sage-grouse or mule deer habitat
of—
(aa) juniper, pinyon pine, or other
associated conifers; or
(bb) nonnative or invasive vegetation;
(III) reduces the risk of loss of greater
sage-grouse or mule deer habitat from
wildfire or any other natural
disturbance; or
(IV) provides emergency stabilization
of soil resources after a natural
disturbance; and
(vii) provides for the conduct of
restoration treatments that—
(I) maximize the retention of oldgrowth and large trees, as appropriate
for the forest type;
(II) consider the best available
scientific information to maintain or
restore the ecological integrity,
including maintaining or restoring
structure, function, composition, and
connectivity;
(III) are developed and implemented
through a collaborative process that—
(aa) includes multiple interested
persons representing diverse interests;
and
(bb) (AA) is transparent and
nonexclusive; or
(BB) 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
(IV) 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)).
(B) DESCRIPTION OF ACTIVITIES.—
An activity referred to in subparagraph
(A) is—
(i) manual cutting and removal of
juniper trees, pinyon pine trees, other
associated conifers, or other nonnative
or invasive vegetation;
(ii) mechanical mastication, cutting,
or mowing, mechanical piling and
burning, chaining, broadcast burning, or
yarding;
E:\FR\FM\01MYN1.SGM
01MYN1
25474
Federal Register / Vol. 85, No. 85 / Friday, May 1, 2020 / Notices
(iii) removal of cheat grass, medusa
head rye, or other nonnative, invasive
vegetation;
(iv) collection and seeding or planting
of native vegetation using a manual,
mechanical, or aerial method;
(v) seeding of nonnative, noninvasive,
ruderal vegetation only for the purpose
of emergency stabilization;
(vi) 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;
(vii) targeted livestock grazing to
mitigate hazardous fuels and control
noxious and invasive weeds;
(viii) temporary removal of wild
horses or burros in the area in which the
activity is being carried out to ensure
treatment objectives are met;
(ix) 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
concerned to achieve restoration
treatment objectives;
(x) installation of new, or
modification of existing, fencing or
water sources intended to control use or
improve wildlife habitat; or
(xi) 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.
(C) EXCLUSIONS.—The term
‘covered vegetation management
activity’ does not include—
(i) any activity conducted in a
wilderness area or wilderness study
area;
(ii) any activity for the construction of
a permanent road or permanent trail;
(iii) any activity conducted on Federal
land on which, by Act of Congress or
Presidential proclamation, the removal
of vegetation is restricted or prohibited;
(iv) any activity conducted in an area
in which activities under subparagraph
(B) would be inconsistent with the
applicable resource management plan;
or
(2) SECRETARY CONCERNED.—The
term ‘Secretary concerned’ means—
(B) the Secretary of the Interior, with
respect to public land.
(3) TEMPORARY ROAD.—The term
‘temporary road’ means a road that is—
(A) authorized—
(i) by a contract, permit, lease, other
written authorization; or
(ii) pursuant to an emergency
operation;
(B) not intended to be part of the
permanent transportation system of a
Federal department or agency;
VerDate Sep<11>2014
08:07 May 01, 2020
Jkt 250001
(C) not necessary for long-term
resource management;
(D) designed in accordance with
standards appropriate for the intended
use of the road, taking into
consideration—
(i) safety;
(ii) the cost of transportation; and
(iii) impacts to land and resources;
and
(E) managed to minimize—
(i) erosion; and
(ii) the introduction or spread of
invasive species.
(b) Categorical Exclusion.—
(1) IN GENERAL.—Not later than 1
year after the date of enactment of this
section, the Secretary concerned shall
develop a categorical exclusion (as
defined in section 1508.4 of title 40,
Code of Federal Regulations (or a
successor regulation)) for covered
vegetation management activities
carried out to protect, restore, or
improve habitat for greater sage-grouse
or mule deer.
(2) ADMINISTRATION.—In
developing and administering the
categorical exclusion under paragraph
(1), the Secretary concerned shall—
(A) comply with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(C) with respect to public land, apply
the extraordinary circumstances
procedures under section 46.215 of title
43, Code of Federal Regulations (or
successor regulations), in determining
whether to use the categorical
exclusion; and
(D) consider—
(i) the relative efficacy of landscapescale habitat projects;
(ii) the likelihood of continued
declines in the populations of greater
sage-grouse and mule deer in the
absence of landscape-scale vegetation
management; and
(iii) the need for habitat restoration
activities after wildfire or other natural
disturbances.
(c) Implementation Of Covered
Vegetative Management Activities
Within The Range Of Greater SageGrouse And Mule Deer.—If the
categorical exclusion developed under
subsection (b) 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 sagegrouse and mule deer.
(d) Long-Term Monitoring And
Maintenance.—Before commencing any
covered vegetation management activity
that is covered by the categorical
exclusion under subsection (b), the
PO 00000
Frm 00092
Fmt 4703
Sfmt 9990
Secretary concerned shall develop a
long-term monitoring and maintenance
plan, covering at least the 20-year
period beginning on the date of
commencement, to ensure that
management of the treated area does not
degrade the habitat gains secured by the
covered vegetation management
activity.
(e) Disposal Of Vegetative Material.—
Subject to applicable local restrictions,
any vegetative material resulting from a
covered vegetation management activity
that is covered by the categorical
exclusion under subsection (b) may be—
(1) used for—
(A) fuel wood; or
(B) other products; or
(2) piled or burned, or both.
(f) Treatment For Temporary Roads.—
(1) IN GENERAL.—Notwithstanding
subsection (a)(1)(B)(xi), any temporary
road constructed in carrying out a
covered vegetation management activity
that is covered by the categorical
exclusion under subsection (b)—
(A) shall be used by the Secretary
concerned for the covered vegetation
management activity for not more than
2 years; and
(B) shall be decommissioned by the
Secretary concerned not later than 3
years after the earlier of the date on
which—
(i) the temporary road is no longer
needed; and
(ii) the project is completed.
(2) REQUIREMENT.—A treatment
under paragraph (1) shall include
reestablishing native vegetative cover—
(A) as soon as practicable; but
(B) not later than 10 years after the
date of completion of the applicable
covered vegetation management
activity.
(g) Limitations.—
(1) PROJECT SIZE.—A covered
vegetation management activity that is
covered by the categorical exclusion
under subsection (b) may not exceed
4,500 acres.
Authority: NEPA, the National
Environmental Quality Improvement Act of
1970, as amended (42 U.S.C. 4371 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. 2020–09301 Filed 4–30–20; 8:45 am]
BILLING CODE 4331–84–P
E:\FR\FM\01MYN1.SGM
01MYN1
]]>Agencies
[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Notices]
[Pages 25472-25474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09301]
-----------------------------------------------------------------------
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 of revisions.
-----------------------------------------------------------------------
SUMMARY: This notice announces the establishment of a categorical
exclusion (CX) for the Bureau of Land Management (BLM) as directed by
the amendment of the Healthy Forests Restoration Act (HFRA) of 2003 by
the Agriculture Improvement Act of 2018. This establishment revises BLM
policies and procedures for compliance with the National Environmental
Policy Act (NEPA), as amended; other statutes; Executive Order 11514,
as amended; Executive Order 12114; and the Council on Environmental
Quality's regulations. These CXs, as well as others established by
Congress, as described below, will be incorporated into the
Departmental Manual (DM) and will be added to the Department of the
Interior's (Department) Electronic Library of Interior Policies
(ELIPS).
DATES: The CXs will be incorporated into 516 DM 11 June 1, 2020.
ADDRESSES: The public will be able to review the revised DM on the
Department's website at https://www.doi.gov/nepa. ELIPS is located at:
https://www.doi.gov/elips. The BLM's current procedures can be found
at: https://elips.doi.gov/ELIPS/DocView.aspx?id=1721.
FOR FURTHER INFORMATION CONTACT: Heather Bernier, Acting Division
Chief, Planning and Decision Support, Bureau of Land Management at
(202) 912-7282, [insert address], 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 to contact Heather Bernier. 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: The BLM's NEPA procedures, located at
Chapter 11 of Part 516 of the Departmental Manual (516 DM 11), were
last updated August 14, 2007. The Agriculture Improvement Act of 2018
amended Title VI of the HFRA of 2003 (16 U.S.C. 6591 et seq.) to add
Section 606. Section 606 directed development of a CX 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 CX established. As directed by this section, the BLM is
to establish the CX that meets these same specific terms, actions,
limitations, exclusions, and definitions; and to establish the CX
within one year of the enactment of the legislation (by December 20,
2019). In addition, the BLM is taking the opportunity to incorporate
into 516 DM 11 several other CXs established by Congress in recent
years.
Because the CXs are established or directed by Congress, the BLM
does not have the discretion to change their terms.
Below is the new text of Chapter 11, reflecting the statutorily
established or directed CXs:
11.10 Categorical Exclusions Established or Directed by Statute
A. The Energy Policy Act of 2005 (Pub. L. 109-58) (42 U.S.C. 15942)
established actions for categorical exclusion from NEPA analysis. Use
of Energy Policy Act categorical exclusions does not require review for
extraordinary circumstances. This is because these CXs are established
by statute, and their application is governed by that statute. Section
390 of the Energy Policy Act of 2005 provides:
(a) NEPA Review.--Action by the Secretary of the Interior in
managing the public 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 (NEPA) of 1969 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:
[[Page 25473]]
(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 of a building or facility.
B. Section 3023 ``Grazing Permits and Leases'' of Public Law 113-
291, The Carl Levin and Howard P. `Buck' McKeon National Defense
Authorization Act for Fiscal Year 2015, amended Section 402 of FLPMA.
The amended text is now included in FLPMA, as amended, as Section
402(h). Therefore, the BLM may use the grazing permit categorical
exclusion (1) or the trailing and crossing categorical exclusion (2).
Application of either categorical exclusion requires extraordinary
circumstances review. Section 402(h) of FLPMA provides:
(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--
(I) with respect to public land administered by the Secretary of
the Interior-- (aa) is meeting land health standards; or
(bb) is not meeting land health standards due to factors other than
existing livestock grazing; or
(2) Trailing and crossing.--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.)
C. The Agriculture Improvement Act of 2018 (P.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 directed
development of 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'' (defined at HFRA, Section
606(a)(1)(B)) whose purpose is for the management of greater sage-
grouse and mule deer habitat on public lands that was designated under
HFRA section 602(b), on December 20, 2018 (HFRA, Section 606(g)(2)).
Application of this categorical exclusion requires extraordinary
circumstances review. Section 606 of HFRA provides:
(a) Definitions.--In this section:
(1) COVERED VEGETATION MANAGEMENT ACTIVITY.--
(A) IN GENERAL.--The term `covered vegetation management activity'
means any activity described in subparagraph (B) that--
(i) is carried out on public land administered by the Bureau of
Land Management;
(ii) with respect to public land, meets the objectives of the order
of the Secretary of the Interior numbered 3336 and dated January 5,
2015;
(iii) conforms to an applicable land use plan;
(iv) protects, restores, or improves greater sage-grouse or mule
deer habitat in a sagebrush steppe ecosystem as described in--
(I) 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
(II) the habitat guidelines for mule deer published by the Mule
Deer Working Group of the Western Association of Fish and Wildlife
Agencies;
(v) will not permanently impair--
(I) the natural state of the treated area;
(II) outstanding opportunities for solitude;
(III) outstanding opportunities for primitive, unconfined
recreation;
(IV) economic opportunities consistent with multiple-use
management; or
(V) the identified values of a unit of the National Landscape
Conservation System;
(vi) (I) restores native vegetation following a natural
disturbance;
(II) prevents the expansion into greater sage-grouse or mule deer
habitat of--
(aa) juniper, pinyon pine, or other associated conifers; or
(bb) nonnative or invasive vegetation;
(III) reduces the risk of loss of greater sage-grouse or mule deer
habitat from wildfire or any other natural disturbance; or
(IV) provides emergency stabilization of soil resources after a
natural disturbance; and
(vii) provides for the conduct of restoration treatments that--
(I) maximize the retention of old-growth and large trees, as
appropriate for the forest type;
(II) consider the best available scientific information to maintain
or restore the ecological integrity, including maintaining or restoring
structure, function, composition, and connectivity;
(III) are developed and implemented through a collaborative process
that--
(aa) includes multiple interested persons representing diverse
interests; and
(bb) (AA) is transparent and nonexclusive; or
(BB) 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
(IV) 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)).
(B) DESCRIPTION OF ACTIVITIES.--An activity referred to in
subparagraph (A) is--
(i) manual cutting and removal of juniper trees, pinyon pine trees,
other associated conifers, or other nonnative or invasive vegetation;
(ii) mechanical mastication, cutting, or mowing, mechanical piling
and burning, chaining, broadcast burning, or yarding;
[[Page 25474]]
(iii) removal of cheat grass, medusa head rye, or other nonnative,
invasive vegetation;
(iv) collection and seeding or planting of native vegetation using
a manual, mechanical, or aerial method;
(v) seeding of nonnative, noninvasive, ruderal vegetation only for
the purpose of emergency stabilization;
(vi) 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;
(vii) targeted livestock grazing to mitigate hazardous fuels and
control noxious and invasive weeds;
(viii) temporary removal of wild horses or burros in the area in
which the activity is being carried out to ensure treatment objectives
are met;
(ix) 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 concerned to achieve restoration
treatment objectives;
(x) installation of new, or modification of existing, fencing or
water sources intended to control use or improve wildlife habitat; or
(xi) 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.
(C) EXCLUSIONS.--The term `covered vegetation management activity'
does not include--
(i) any activity conducted in a wilderness area or wilderness study
area;
(ii) any activity for the construction of a permanent road or
permanent trail;
(iii) any activity conducted on Federal land on which, by Act of
Congress or Presidential proclamation, the removal of vegetation is
restricted or prohibited;
(iv) any activity conducted in an area in which activities under
subparagraph (B) would be inconsistent with the applicable resource
management plan; or
(2) SECRETARY CONCERNED.--The term `Secretary concerned' means--
(B) the Secretary of the Interior, with respect to public land.
(3) TEMPORARY ROAD.--The term `temporary road' means a road that
is--
(A) authorized--
(i) by a contract, permit, lease, other written authorization; or
(ii) pursuant to an emergency operation;
(B) not intended to be part of the permanent transportation system
of a Federal department or agency;
(C) not necessary for long-term resource management;
(D) designed in accordance with standards appropriate for the
intended use of the road, taking into consideration--
(i) safety;
(ii) the cost of transportation; and
(iii) impacts to land and resources; and
(E) managed to minimize--
(i) erosion; and
(ii) the introduction or spread of invasive species.
(b) Categorical Exclusion.--
(1) IN GENERAL.--Not later than 1 year after the date of enactment
of this section, the Secretary concerned shall develop a categorical
exclusion (as defined in section 1508.4 of title 40, Code of Federal
Regulations (or a successor regulation)) for covered vegetation
management activities carried out to protect, restore, or improve
habitat for greater sage-grouse or mule deer.
(2) ADMINISTRATION.--In developing and administering the
categorical exclusion under paragraph (1), the Secretary concerned
shall--
(A) comply with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(C) with respect to public land, apply the extraordinary
circumstances procedures under section 46.215 of title 43, Code of
Federal Regulations (or successor regulations), in determining whether
to use the categorical exclusion; and
(D) consider--
(i) the relative efficacy of landscape-scale habitat projects;
(ii) the likelihood of continued declines in the populations of
greater sage-grouse and mule deer in the absence of landscape-scale
vegetation management; and
(iii) the need for habitat restoration activities after wildfire or
other natural disturbances.
(c) Implementation Of Covered Vegetative Management Activities
Within The Range Of Greater Sage-Grouse And Mule Deer.--If the
categorical exclusion developed under subsection (b) 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.
(d) Long-Term Monitoring And Maintenance.--Before commencing any
covered vegetation management activity that is covered by the
categorical exclusion under subsection (b), the Secretary concerned
shall develop a long-term monitoring and maintenance plan, covering at
least the 20-year period beginning on the date of commencement, to
ensure that management of the treated area does not degrade the habitat
gains secured by the covered vegetation management activity.
(e) Disposal Of Vegetative Material.--Subject to applicable local
restrictions, any vegetative material resulting from a covered
vegetation management activity that is covered by the categorical
exclusion under subsection (b) may be--
(1) used for--
(A) fuel wood; or
(B) other products; or
(2) piled or burned, or both.
(f) Treatment For Temporary Roads.--
(1) IN GENERAL.--Notwithstanding subsection (a)(1)(B)(xi), any
temporary road constructed in carrying out a covered vegetation
management activity that is covered by the categorical exclusion under
subsection (b)--
(A) shall be used by the Secretary concerned for the covered
vegetation management activity for not more than 2 years; and
(B) shall be decommissioned by the Secretary concerned not later
than 3 years after the earlier of the date on which--
(i) the temporary road is no longer needed; and
(ii) the project is completed.
(2) REQUIREMENT.--A treatment under paragraph (1) shall include
reestablishing native vegetative cover--
(A) as soon as practicable; but
(B) not later than 10 years after the date of completion of the
applicable covered vegetation management activity.
(g) Limitations.--
(1) PROJECT SIZE.--A covered vegetation management activity that is
covered by the categorical exclusion under subsection (b) may not
exceed 4,500 acres.
Authority: NEPA, the National Environmental Quality Improvement
Act of 1970, as amended (42 U.S.C. 4371 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. 2020-09301 Filed 4-30-20; 8:45 am]
BILLING CODE 4331-84-P
