National Environmental Policy Act Implementing Procedures for the Bureau of Land Management (516 DM 11), 33697-33701 [2020-11888]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Notices]
[Pages 33697-33701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11888]


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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.

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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) for authorization of the 
salvage harvest of dead or dying trees.

DATES: Comments must be postmarked (for mailed comments), delivered 
(for personal or messenger delivery comments), or filed (for electronic 
comments) no later than July 2, 2020.

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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://go.usa.gov/xvPfT. Follow the 
instruction at this website.
--Mail: U.S. Department of the Interior, Bureau of Land Management, 
Attention: WO-210-SLVGCX, 2850 Youngfield Street, Lakewood, CO 80215.
--Personal or messenger delivery: U.S. Department of the Interior, 
Bureau of Land Management, Attention: W0-210-SLVGCX, 2850 Youngfield 
Street, Lakewood, CO 80215.

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

    Compliance with 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 CXs to protect the environment more 
efficiently by reducing the resources spent analyzing proposals which 
normally 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 
allows NEPA compliance to be concluded, in the absence of extraordinary 
circumstances that merit further consideration, 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. These procedures address policy as well as procedure in 
order to assure compliance with the spirit and intent of NEPA. 
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

    Proposed CX number C (10) covers harvest of dead or dying trees 
impacted by biotic or abiotic disturbances commonly referred to as 
``salvage harvest'' on harvest areas of up to 5,000 acres. Salvage 
harvest can help to recover economic value from timber, contribute to 
rural economies, accelerate reestablishment of native resilient forest 
tree species, and reduce future wildfire fuel loads and hazards to 
wildland firefighters, the public, and infrastructure from dead and 
dying trees. This CX would allow the BLM more flexibility to quickly 
respond to disturbances across larger areas to provide for public and 
infrastructure safety, reduce hazardous fuel loads that impact 
firefighter and public safety, and contribute to one of the six 
principal or major uses of the public lands identified in the Federal 
Land Policy and Management Act of 1976, which recognizes ``the Nation's 
need for domestic sources of timber and fiber.'' In addition to 
analysis through EAs and EISs, the BLM already relies upon its existing 
CX (C.8) that addresses salvage harvest not to exceed 250 acres and 
intends to retain that CX; the BLM is proposing this additional CX to 
increase its flexibility to respond to disturbances across larger 
areas. Based on review of the existing CX C.8 as part of this process, 
the BLM does not intend to pursue removal of the 250-acre CX nor revise 
that CX to encompass the proposed scope of actions described in this 
proposal. The BLM sees a need for both CX categories. The 250-acre CX 
provides a more limited scope of actions that are useful, and the BLM 
has used the CX about 10 times a year for the last 5 years. The BLM 
expects existing CX C.8 would still be used for smaller areas where the 
BLM has no need for the additional tools this proposed CX would 
provide. Following years of experience in conducting salvage harvest 
without significant effects, the BLM has identified that establishing a 
CX for the action is necessary to increase the BLM's flexibility to 
respond to disturbances across larger areas, while keeping the tailored 
focus of the action. The BLM has completed review of scientific 
literature and previously analyzed and implemented actions in the 
Verification Report on the results of a Bureau of Land Management 
analysis of NEPA records and field verification for salvage harvest of 
timber (Salvage CX Verification Report), which is incorporated by 
reference here and 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 salvage harvest at the 
parameters proposed. Establishing the new proposed CX would enable the 
BLM to ensure a timely process for a timber salvage project prior to a 
new fire season and in preparation for the subsequent fire season.

Description of Change

    The Department proposes to add one CX to the BLM chapter of the 
Departmental Manual 516 DM 11 at Section, C. Forestry. The language of 
the proposed new CX citation at 516 DM 11.9 C. (10) Forestry is:
    (10) Harvesting dead or dying trees resulting from fire, insects, 
disease, drought, or other disturbances not to exceed 1,000 acres for 
disturbances of 3,000 acres or less. For disturbances greater than 
3,000 acres, harvesting shall not exceed \1/3\ of a disturbance area 
but not to exceed 5,000 acres total harvest.
    (a) Covered actions:
    (i) Cutting, yarding, and removal of dead or dying trees and live 
trees needed for landings, skid trails, and road clearing. Includes 
chipping/grinding and removal of residual slash.
    (ii) Jackpot burning, pile burning, or underburning.
    (iii) Seeding or planting necessary to accelerate native species 
re-establishment.
    (b) Such actions:
    (i) May include construction of permanent roads not to exceed 1 
mile in order to facilitate the covered actions. Permanent roads are 
routes intended to be part of the BLM's permanent transportation 
system.
    (ii) If a permanent road is constructed to facilitate the covered 
actions, the segments shall conform to all applicable land use planning 
decisions for permanent road construction in the land use plan; and if 
travel management planning has been completed, the route specific 
designations related to the new segments shall be disclosed.
    (iii) May include temporary roads, which are defined as roads 
authorized by contract, permit, lease, other written authorization, or 
emergency operation not intended to be part of the BLM's permanent 
transportation system and not necessary for long-term resource 
management. Temporary roads shall be designed to standards appropriate 
for

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the intended uses, considering safety, cost of transportation, and 
impacts on land and resources.
    (iv) Shall require the treatment of temporary roads constructed or 
used so as to permit the reestablishment, by artificial or natural 
means, or vegetative cover on the roadway and areas where the 
vegetative cover was disturbed by the construction or use of the road, 
as necessary to minimize erosion from the disturbed area. Such 
treatment shall be designed to reestablish vegetative cover as soon as 
practicable, but at least within 10 years after the termination of the 
contract.
    (v) Shall require inclusion of project design features pertaining 
to the land use plan decisions providing for protections of the 
following resources and resource uses in the documentation of the CX:
    (1) Level of snag and downed wood creation/retention, and retention 
level of live trees;
    (2) Specifications for erosion control features such as water bars, 
dispersed slash;
    (3) Criteria for minimizing or remedying soil compaction;
    (4) Types and extents of logging system constraints (e.g., 
seasonal, location, extent, etc.);
    (5) Extent and purpose of seasonal operating constraints or 
restrictions;
    (6) Criteria to limit spread of weeds;
    (7) Size of riparian buffers and/or riparian zone operating 
restrictions;
    (8) Operating constraints and restrictions for underburning or pile 
burning; and
    (9) Revegetation standards for temporary roads.
    (c) For this CX, a dying tree is defined as a standing tree that 
has been severely damaged by forces such as fire, wind, ice, insects, 
or disease, and that in the judgement of an experienced forest 
professional or someone technically trained for the work, is likely to 
die within a few years. Examples include, but are not limited to:
    (i) Harvesting a portion of a stand damaged by a wind or ice event.
    (ii) Harvesting fire damaged trees.
    The intent of this CX is to improve the efficiency of routine 
environmental review processes for the harvest of dead or dying trees 
impacted by biotic or abiotic disturbances. Each proposed action must 
be reviewed for extraordinary circumstances that would preclude the use 
of this CX. The Department's 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 timber 
salvage 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

    The BLM proposes CX C (10) 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.
    As described in the Verification Report, over the past three 
decades, forests in the western United States have experienced 
landscape-scale mortality events caused by wildfire, insect infestation 
and disease, drought, and other disturbances. From 2000 to 2017, an 
average of 6.8 million acres has burned annually in the U.S. (https://www.nifc.gov/fireInfo/fireInfo_stats_totalFires.html). For BLM-managed 
forests, fire has affected an average of 279,630 acres annually from 
2009 to 2018. Insect and disease survey data collected in 2015 by the 
Forest Health Protection Program of the U.S. Forest Service identified 
70 different mortality-causing agents and complexes on 5.2 million 
acres in the conterminous United States (Potter and Conkling 2017). The 
BLM assembled data from the U.S. Forest Service Aerial Detection Survey 
from 2008 to 2017 and found nearly two million acres of forest 
mortality were observed over that period on BLM lands.
    Responsive to these larger, landscape-scale mortalities, the BLM 
has determined a need to be able to harvest dead and dying trees at 
larger scales than is currently authorized by the existing CX C.8. 
Salvage harvest is essential on portions of BLM-administered lands to 
provide for safety, meet legal mandates for land management, and 
conform to applicable land use plans. The BLM is pursuing the addition 
of this proposed CX to serve as a complement to the existing CX, and to 
provide the suite of actions often necessary when conducting salvage 
harvest at the scale the proposed CX would allow. This new proposed CX 
includes higher acreage limitations, but also includes actions to more 
comprehensively manage salvage harvest operations at a larger acreage 
scale, including permanent road construction, temporary road 
construction, and fuels management of harvested areas through jackpot 
burning and underburning. By including these additional actions for the 
larger scale of this proposed CX, the BLM would be able to address the 
full range of needs, including access and post-harvest fuels 
management, associated with salvage harvesting. Permanent roads are 
sometimes needed in salvage projects for the reforestation and forest 
development activities that occur over the years following the harvest 
activity. The effects of a permanent road are the same whether the road 
is transporting salvage wood or green wood in a thinning or a 
regeneration harvest. Since the salvage EAs reviewed for this analysis 
contained only one project describing a permanent road, the BLM looked 
at additional timber harvest EAs where permanent roads were included 
and resulted in findings of no significant impacts. As summarized 
below, and described in more detail in the Verification Report, the BLM 
used existing NEPA analysis and peer-reviewed research to determine the 
extent of both the actions to include and acreage on which to allow 
those actions that would ensure significance would not occur.
    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

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activities were to be implemented individually or in combination. As 
discussed in detail in the Verification Report Methods section, the 
research informed the development of this CX by providing evidence to 
suggest the need for the CX, both to facilitate the timely 
authorization of projects that can realize the long-term benefits that 
salvage harvest can provide, as well as to take advantage of the 
effectiveness of project design features to minimize adverse impacts. 
For example, several studies evaluate post-fire salvage harvest for 
soil disturbance, soil compaction, soil movement and soil deposition 
into stream systems. James and Krumland (2018) found that salvage 
logging with proper practices can reduce erosion when implemented 
immediately post fire. Research also demonstrates that soil disturbance 
during salvage operations can be minimized through effective project 
design. For example, partial harvest and skid trail layout can limit 
the extent of soil disturbance. Soil microbes have been shown to have 
no significant difference between sites that were post-fire logged and 
not logged (Smith et al. 2001).
    As discussed in the Methods section of the Verification Report, the 
BLM currently implements timber salvage sales supported by EAs, EISs, 
and (since 2007) the existing timber salvage CX (C.8), and conducts 
post-harvest monitoring on all sales. The BLM has implemented salvage 
sales in response to insects and disease, windthrow, drought, and 
wildfires through commercial harvest using helicopter, cable yarding, 
and ground-based methods. A sampling of associated NEPA documents were 
reviewed to determine the scope of environmental consequences 
anticipated to result from the proposed actions. In the EAs reviewed, 
no significant individual or cumulative impacts were predicted to 
result from the kinds of activities included in the proposed CX for 
salvage harvest, nor were any unanticipated impacts observed after 
treatments were implemented. Actual impacts were the same as predicted 
impacts in all cases. There were no instances where any of the projects 
evaluated in EAs would have required completion of an EIS had these 
measures not been applied as a feature of the proposed action or 
alternatives.
    The BLM has implemented elements of the salvage actions proposed 
for this new CX in the current salvage CX and has not found significant 
impacts or instances where the presence of extraordinary circumstances 
prevented reliance on the existing salvage CX. In the two circumstances 
where the BLM completed EISs for salvage harvest, the specific 
combination of actions proposed and the scale of the proposals 
warranted analysis through EISs. The scale and scope of the actions 
proposed for categorical exclusion here are readily distinguishable 
from those evaluated in the EISs.
    All proposed actions and alternatives evaluated in the EAs reviewed 
included project design features that minimize environmental 
consequences. Often, through application of locally appropriate project 
design features, environmental effects are minimized to the level of 
non-significant, whereby resource issues were eliminated from further 
analysis due to application of these elements incorporated into project 
design. Development of lists of standard project design features as 
required components of this proposed CX would not be appropriate given 
the variability in specifications by region and land use planning area. 
The BLM identifies actions required to manage BLM-administered lands 
for specific purposes through land use planning as appropriate to the 
resource conditions and legal framework specific to the planning area 
and region. The BLM will often also identify project design features in 
the development of environmental analysis documents that are 
appropriate to consider when designing actions implementing the land 
use plan's direction in land use planning documents. All actions 
approved or authorized by the BLM must conform to the existing land use 
plan (43 CFR 1610.5-3), including those relying on a CX to comply with 
NEPA. To capture the project design features appropriate to working in 
a particular region or planning area, this proposed CX requires 
specific inclusion of project design features pertaining to the 
specific environmental considerations that the applicable land use 
plans require for forestry treatments. Reinforcing that activities 
covered by the proposed CX must conform to the applicable land use plan 
and requiring application of the protections specified by the land use 
plan through project design features developed for the areas required 
by the CX (section (b)(v) of proposed text) allows the CX to be applied 
as appropriate in varying site conditions. The BLM proposes through the 
establishment of this CX to require inclusion of project design 
features pertaining to the land use planning decisions related to the 
resources and activities listed in part (b)(v) of the proposed CX to 
both ensure documentation of conformance and that protective measures 
required to meet land use planning decisions applicable to the 
planning/action area are incorporated into the design of any project 
supported by the proposed CX.
    While there are long-term benefits of conducting salvage harvest to 
reduce fuel loads that result in neutral or no-effect findings, there 
are documented instances of adverse, residual environmental 
consequences associated with implementation of these actions. However, 
as discussed in the Methods section of the Verification Report, these 
adverse environmental consequences are not considered individually or 
cumulatively significant due to low to moderate intensity of the 
treatments, as discussed, and the limited extent of treatment area 
relative to the extent and intensity of the disturbed area. The BLM's 
post-implementation observations align with the literature reviewed and 
summarized in the Methods section of the Verification Report.
    As described in the Verification Report, the BLM has experience 
analyzing and implementing the harvest of salvage timber in an 
environmentally sustainable manner and considers the activities 
described in this proposal to be routine and non-significant. 
Expediting the immediate removal of dead and dying trees is essential 
to maximize economic returns as wood deterioration and value begins to 
drop immediately after the disturbance occurs. Establishment of a new 
CX covering these actions associated with salvage harvest will 
facilitate implementation of other BLM land management priorities and 
will contribute economic benefit to communities by providing timber for 
the forest product manufacturing sector.
    The BLM's experience with implementing and monitoring these types 
of projects mirrors the scientific literature; taken together, they 
support establishment of this proposed CX, providing the evidence that 
this type 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. Salvage harvest on the 
scale and scope that would be supported by this proposed CX is a 
common, effective tool that BLM uses to meet multiple forest and fuels 
management objectives as well as human health and safety and economic 
objectives.

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    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).

Stephen G. Tryon,
Acting Director, Office of Environmental Policy and Compliance.
[FR Doc. 2020-11888 Filed 6-1-20; 8:45 am]
 BILLING CODE 4331-84-P