National Environmental Policy Act Implementing Procedures for the Bureau of Land Management (516 DM 11), 14087-14090 [2024-03846]
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executive oversight and development of
strong practices, policy, and supporting
programs. Functional areas in the OSQI
include Scientific Integrity; Science
Quality; Fundamental Science Practices;
Office of Tribal Relations; Youth and
Education in Science (YES); Science,
Technology, Engineering, and
Mathematics (STEM); Laboratories;
Postdoctoral Research; and Research
and Equipment Development Grade
Evaluations of USGS scientists.
DATES: Comments regarding the
establishment of this Committee must
be submitted no later than March 12,
2024. Nominations for the Committee
must be submitted by April 11, 2024.
ADDRESSES: You may submit comments
and/or nominations by any of the
following methods: Mail comments and/
or nominations to Joanne C. Taylor, U.S.
Geological Survey, Office of Science
Quality and Integrity, 12201 Sunrise
Valley Drive, Mailstop 911, Reston, VA
20192; or email comments and/or
nominations to jctaylor@usgs.gov.
FOR FURTHER INFORMATION CONTACT:
Joanne C. Taylor, Designated Federal
Officer (DFO), by U.S. mail at the U.S.
Geological Survey, 12201 Sunrise Valley
Drive, Mailstop 911, Reston, VA 20192;
by telephone at 703–648–6837; or by
email at jctaylor@usgs.gov.
SUPPLEMENTARY INFORMATION: The
Committee is established under the
authority of the Secretary of the Interior
(Secretary) and regulated by the Federal
Advisory Committee Act, as amended (5
U.S.C. ch. 10). The Committee’s duties
are strictly advisory and will include
advising on: (a) Identification of key
scientific quality and integrity processes
to advance the USGS mission. (b)
Effective mechanisms for engaging the
next-generation USGS workforce and
others through the YES program and
with other Federal agencies in STEM
and underserved communities. (c) The
nature and effectiveness of mechanisms
to provide oversight of science quality
within USGS laboratories. (d)
Mechanisms that may be employed by
the USGS to ensure high standards of
science quality and integrity in its
programs and products.
The Committee will meet
approximately one to two times per
year. The Committee will consist of no
more than 15 members appointed by the
Secretary who represent the diversity of
this nation’s constituencies, and include
the following interests:
• Local and State governments;
• Non-governmental organizations;
• Native American, Native Alaskan,
and Native Hawaiian organizations,
including representatives from Tribal
governments and Tribal colleges;
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• Academia; and
• Other stakeholders and sectors,
including private industry, that make
use of USGS science including, but not
limited to, areas including laboratory
sciences, natural resource managers,
natural hazards protections, and
wildlife organizations.
The Committee may include scientific
experts and will include rotating
representation from one or more local,
Tribal, State, regional, and/or national
organizations.
Nominations should include a resume
providing an adequate description of the
nominee’s qualifications, including
information that would enable the
Department of the Interior (DOI) to make
an informed decision regarding meeting
the membership requirements of the
Committee and to permit a potential
member to be contacted.
Members of the Committee serve
without compensation. However, while
away from their homes or regular places
of business, Committee and
subcommittee members engaged in
Committee or subcommittee business
that the DFO approves may be allowed
travel expenses, including per diem in
lieu of subsistence, as authorized by 5
U.S.C. 5703, in the same manner as
persons employed intermittently in
Federal Government service.
Public Disclosure of Comments:
Before including your address, phone
number, email address, or other
personally identifiable information (PII)
in your comment, you should be aware
that your entire comment—including
your PII—may be made publicly
available at any time. While you may
ask us in your comment to withhold
your PII from public review, we cannot
guarantee that we will be able to do so.
Certification Statement: I hereby
certify that the Advisory Committee for
Science Quality and Integrity is
necessary, in the public interest, and is
in connection to the responsibilities of
the DOI, USGS, under the President’s
Memorandum on Restoring Trust in
Government Through Scientific
Integrity and Evidence-Based
Policymaking, January 27, 2021; the DOI
policy on Integrity of Scientific and
Scholarly Activities (305 DM 3); and the
USGS policy on Scientific Integrity (SM
500.25).
Authority: 5 U.S.C. ch. 10.
Deb Haaland,
Secretary of the Interior.
[FR Doc. 2024–03829 Filed 2–23–24; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[BLM_HQ_FRN_MO4500176277]
National Environmental Policy Act
Implementing Procedures for the
Bureau of Land Management (516 DM
11)
Office of the Secretary, Interior.
Notice of proposed policy
revisions.
AGENCY:
ACTION:
This notice announces the
intent to revise the Bureau of Land
Management’s (BLM) policies and
procedures for compliance with the
National Environmental Policy Act
(NEPA), as amended, various Executive
Orders, and the Council on
Environmental Quality’s NEPA
Implementing Regulations by proposing
to remove four administratively
established categorical exclusions (CXs)
and to incorporate two CXs established
by Congress.
DATES: Comments must be postmarked
no later than March 27, 2024.
ADDRESSES: The public can review the
proposed changes to the Departmental
Manual (DM) online BLM’s ePlanning
site: https://eplanning.blm.gov/
eplanning-ui/home. Comments can be
submitted:
Through the BLM National NEPA
Register: https://eplanning.blm.gov/
eplanning-ui/home. Follow the
instruction at this website.
By mail: Director (210), Attention:
Senior NEPA Lead, P.O. Box 261117,
Lakewood, CO 80226.
By personal or messenger delivery:
Director (210), Attention: Senior NEPA
Lead, Denver Federal Center, Building
40 (Door W–4), Lakewood, CO 80215 DC
20003.
FOR FURTHER INFORMATION CONTACT:
Heather Bernier, Division Chief,
Decision Support, Planning, and NEPA,
at (303) 239–3635, or hbernier@blm.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services for
contacting Heather Bernier. Individuals
outside the United States should use the
relay services offered within their
country to make international calls to
the point-of-contact in the United
States.
SUMMARY:
The BLM
is proposing to revise its NEPA
procedures. Specifically, BLM is
proposing to revise the list of BLM
actions that are normally categorically
excluded from the requirement to
SUPPLEMENTARY INFORMATION:
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complete an environmental assessment
(EA) or environmental impact statement
(EIS) absent extraordinary
circumstances. The BLM’s NEPA
procedures, located at Chapter 11 of Part
516 of the Departmental Manual (516
DM 11), were last updated December 10,
2020. The BLM’s current procedures can
be found on the Department of the
Interior’s (DOI) Electronic Library of
Interior Policies (ELIPS) at: https://
www.doi.gov/sites/doi.gov/files/elips/
documents/516-dm-11_0.pdf.
The BLM proposes to remove four
administrative CXs from its NEPA
procedures. Given the complexity of
land management, legal frameworks,
and other factors, the BLM is
considering the removal of the CXs
described in 516 DM 11.C(10) regarding
the salvaging of dead and dying trees;
516 DM 11.D(10) regarding vegetation
management activities; 516 DM 11.D(11)
regarding issuance of livestock grazing
permits or leases; and 516 DM 11.J(1)
regarding certain activities within
sagebrush and sagebrush-steppe plant
communities to manage pinyon pine
and juniper trees for the benefit of mule
deer or sage-grouse habitats. Removing
these CXs would require the BLM to
assess whether another CX applies or
prepare an EA or EIS when proposing
actions that would have previously been
covered by these CXs. BLM previously
discontinued use of these CXs through
instruction memoranda (IM) (available
online at https://www.blm.gov/policy/
instruction-memorandum). The BLM
discontinued use of 516 DM 11.D(10)
and 516 DM 11.D(11) on August 21,
2009, through IM 2009–199;
discontinued use of 516 DM 11.C(10) on
August 3, 2022, through PIM 2022–010;
and discontinued use of 516 DM 11.J(1)
on November 30, 2022, through PIM
2023–002. The BLM is not presently
considering modifying the terms of
these CXs.
Additionally, the BLM proposes to
incorporate two CXs established by
Congress in the Infrastructure
Investment and Jobs Act (Pub. L. 117–
58). Section 11318 established a CX for
sundry notices or rights-of-way for
gathering lines and associated field
compression or pumping units on
Federal land servicing oil and gas wells
under the conditions described therein.
Section 40806 excludes forest
management activities for the
establishment of fuel breaks in forests
and other wildland vegetation from
preparation of an EA or EIS under
NEPA, as described therein.
Below outlines the proposed changes
to the text of 516 DM Chapter 11,
reflecting the addition of the statutorily
established CXs and deletion of the
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administrative CXs proposed. Because
the new CXs were established by
Congress, the BLM does not have the
discretion to change their terms. A
redline version is available for review at
the website identified in the ADDRESSES
section.
11.9 Actions Eligible for a Categorical
Exclusion (CX)
C. Forestry
(10) Reserved
D. Rangeland Management
(10) Reserved
(11) Reserved
J. Habitat Restoration (Reserved)
11.10 Categorical Exclusions
Established or Directed by Statute
D. Section 11318 of the Infrastructure
Investment and Jobs Act (Pub. L. 117–
58) established a CX as defined in 40
CFR part 1508 for sundry notices or
rights-of-way for gathering lines and
associated field compression or
pumping units on Federal land
servicing oil and gas wells under the
conditions described below.
Application of this CX requires
extraordinary circumstances review
consistent with 43 CFR 46.215.
Section 11318. CERTAIN
GATHERING LINES LOCATED ON
FEDERAL LAND AND INDIAN LAND of
the Infrastructure Investment and Jobs
Act provides:
(a) Definitions.—In this section:
(1) Federal land.—
(A) In general.—The term ’’Federal
land’’ means land the title to which is
held by the United States.
(B) Exclusions.—The term ’’Federal
land’’ does not include—
(i) a unit of the National Park System;
(ii) a unit of the National Wildlife
Refuge System;
(iii) a component of the National
Wilderness Preservation System;
(iv) a wilderness study area within the
National Forest System; or
(v) Indian land
(2) Gathering line and associated field
compression or pumping unit.—
(A) In general.—The term ’’gathering
line and associated field compression or
pumping unit’’ means—
(i) a pipeline that is installed to
transport oil, natural gas and related
constituents, or produced water from 1
or more wells drilled and completed to
produce oil or gas;
(ii) if necessary, 1 or more
compressors or pumps to raise the
pressure of the transported oil, natural
gas and related constituents, or
produced water to higher pressures
necessary to enable the oil, natural gas
and related constituents, or produced
water to flow into pipelines and other
facilities; and
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(iii) if necessary, cathodic protection
ancillary to the line.
(B) Inclusions.—The term ’’gathering
line and associated field compression or
pumping unit’’ includes a pipeline and
its cathodic protection as needed, or
associated compression or pumping unit
that is installed to transport oil or
natural gas from a processing plant to a
common carrier pipeline or facility.
(C) Exclusions.—The term ’’gathering
line and associated field compression or
pumping unit’’ does not include a
common carrier pipeline.
(3) Indian land.—The term ’’Indian
land’’ means land the title to which is
held by—
(A) the United States in trust for an
Indian Tribe or an individual Indian; or
(B) an Indian Tribe or an individual
Indian subject to a restriction by the
United States against alienation.
(4) Produced water.—The term
‘‘produced water’’ means water
produced from an oil or gas well bore
that is not a fluid prepared at, or
transported to, the well site to resolve a
specific oil or gas well bore or reservoir
condition.
(5) Secretary.—The term ’’Secretary’’
means the Secretary of the Interior.
(b) Certain Gathering Lines.—
(1) In general.—Subject to paragraph
(2), the issuance of a sundry notice or
right-of-way for a gathering line and
associated field compression or
pumping unit that is located on Federal
land or Indian land and that services
any oil or gas well may be considered
by the Secretary to be an action that is
categorically excluded (as defined in
section 1508.1 of title 40, Code of
Federal Regulations (as in effect on the
date of enactment of this Act)) for
purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) if the gathering line and associated
field compression or pumping unit—
(A) are within a field or unit for
which an approved land use plan or an
environmental document prepared
pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) analyzed transportation of oil,
natural gas, or produced water from 1 or
more oil or gas wells in the field or unit
as a reasonably foreseeable activity;
(B) are located adjacent to or within—
(i) any existing disturbed area; or
(ii) an existing corridor for a right-ofway; and
(C) would reduce—
(i) in the case of a gathering line and
associated field compression or
pumping unit transporting methane, the
total quantity of methane that would
otherwise be vented, flared, or
unintentionally emitted from the field
or unit; or
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(ii) in the case of a gathering line and
associated field compression or
pumping unit not transporting methane,
the vehicular traffic that would
otherwise service the field or unit.
(2) Applicability.—Paragraph (1) shall
apply to Indian land, or a portion of
Indian land—
(A) to which the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) applies; and
(B) for which the Indian Tribe with
jurisdiction over the Indian land
submits to the Secretary a written
request that paragraph (1) apply to that
Indian land (or portion of Indian land).
(c) Effect on Other Law.—Nothing in
this section—
(1) affects or alters any requirement—
(A) relating to prior consent under—
(i) section 2 of the Act of February 5,
1948 (62 Stat.18, chapter 45; 25 U.S.C.
324); or
(ii) section 16(e) of the Act of June 18,
1934 (48 Stat. 987, chapter 576; 102
Stat. 2939; 114 Stat. 47; 25 U.S.C.
5123(e)) (commonly known as the
‘‘Indian Reorganization Act’’);
(B) under section 306108 of title 54,
United States Code; or
(C) under any other Federal law
(including regulations) relating to Tribal
consent for rights-of-way across Indian
land; or
(2) makes the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) applicable to land to which that
Act otherwise would not apply.
E. Section 40806 of the Infrastructure
Investment and Jobs Act (Pub. L. 117–
58) excludes forest management
activities for the establishment of fuel
breaks in forests and other wildland
vegetation from preparation of an EA or
EIS under NEPA, as described below.
Section 40806. ESTABLISHMENT OF
FUEL BREAKS IN FORESTS AND
OTHER WILDLAND VEGETATION of
the Infrastructure Investment and Jobs
Act provides:
(a) DEFINITION OF SECRETARY
CONCERNED.—In this section, the term
‘‘Secretary concerned’’ means—
(1) the Secretary of Agriculture, with
respect to National Forest System land;
and
(2) the Secretary of the Interior, with
respect to public lands (as defined in
section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C.
1702)) administered by the Bureau of
Land Management.
(b) CATEGORICAL EXCLUSION
ESTABLISHED.—Forest management
activities described in subsection (c) are
a category of actions designated as being
categorically excluded from the
preparation of an environmental
assessment or an environmental impact
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statement under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) if the categorical
exclusion is documented through a
supporting record and decision
memorandum.
(c) FOREST MANAGEMENT
ACTIVITIES DESIGNATED FOR
CATEGORICAL EXCLUSION.—
(1) IN GENERAL.—The category of
forest management activities designated
under subsection (b) for a categorical
exclusion are forest management
activities described in paragraph (2) that
are carried out by the Secretary
concerned on public lands (as defined
in section 103 of the Federal Land
Policy and Management Act of 1976 (43
U.S.C. 1702)) administered by the
Bureau of Land Management or National
Forest System land the primary purpose
of which is to establish and maintain
linear fuel breaks that are—
(A) up to 1,000 feet in width
contiguous with or incorporating
existing linear features, such as roads,
water infrastructure, transmission and
distribution lines, and pipelines of any
length on Federal land; and
(B) intended to reduce the risk of
uncharacteristic wildfire on Federal
land or catastrophic wildfire for an
adjacent at-risk community.
(2) ACTIVITIES.—Subject to
paragraph (3), the forest management
activities that may be carried out
pursuant to the categorical exclusion
established under subsection (b) are—
(A) mowing or masticating;
(B) thinning by manual and
mechanical cutting;
(C) piling, yarding, and removal of
slash or hazardous fuels;
(D) selling of vegetation products,
including timber, firewood, biomass,
slash, and fenceposts;
(E) targeted grazing;
(F) application of—
(i) pesticide;
(ii) biopesticide; or
(iii) herbicide;
(G) seeding of native species;
(H) controlled burns and broadcast
burning; and
(I) burning of piles, including jackpot
piles.
(3) EXCLUDED ACTIVITIES.—A
forest management activity described in
paragraph (2) may not be carried out
pursuant to the categorical exclusion
established under subsection (b) if the
activity is conducted—
(A) in a component of the National
Wilderness Preservation System;
(B) on Federal land on which the
removal of vegetation is prohibited or
restricted by Act of Congress,
Presidential proclamation (including the
applicable implementation plan), or
regulation;
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14089
(C) in a wilderness study area; or
(D) in an area in which carrying out
the activity would be inconsistent with
the applicable land management plan or
resource management plan.
(4) EXTRAORDINARY
CIRCUMSTANCES.—The Secretary
concerned shall apply the extraordinary
circumstances procedures under section
220.6 of title 36, Code of Federal
Regulations (or a successor regulation),
in determining whether to use a
categorical exclusion under subsection
(b).
(d) ACREAGE AND LOCATION
LIMITATIONS.—Treatments of
vegetation in linear fuel breaks covered
by the categorical exclusion established
under subsection (b)—
(1) may not contain treatment units in
excess of 3,000 acres;
(2) shall be located primarily in—
(A) the wildland-urban interface or a
public drinking water source area;
(B) if located outside the wildlandurban interface or a public drinking
water source area, an area within
Condition Class 2 or 3 in Fire Regime
Group I, II, or III that contains very high
wildfire hazard potential; or
(C) an insect or disease area
designated by the Secretary concerned
as of the date of enactment of this Act;
and
(3) shall consider the best available
scientific information.
(e) ROADS.—
(1) PERMANENT ROADS.—A project
under this section shall not include the
establishment of permanent roads.
(2) EXISTING ROADS.—The
Secretary concerned may carry out
necessary maintenance and repairs on
existing permanent roads for the
purposes of this section.
(3) TEMPORARY ROADS.—The
Secretary concerned shall
decommission any temporary road
constructed under a project under this
section not later than 3 years after the
date on which the project is completed.
(f) PUBLIC COLLABORATION.—To
encourage meaningful public
participation during the preparation of a
project under this section, the Secretary
concerned shall facilitate, during the
preparation of each project—
(1) collaboration among State and
local governments and Indian Tribes;
and
(2) participation of interested persons.
(Authority: 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,
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May 24, 1977; and CEQ regulations (40 CFR
1500–1508)).
Stephen G. Tryon,
Director, Office of Environmental Policy and
Compliance.
[FR Doc. 2024–03846 Filed 2–23–24; 8:45 am]
BILLING CODE 4331–27–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_OR_FRN_MO4500177642]
Notice of Availability of the Record of
Decision and Approved Resource
Management Plan Amendment for the
Southeastern Oregon Resource
Management Plan, Vale District,
Oregon
Bureau of Land Management,
Interior.
ACTION: Notice of availability.
AGENCY:
The Bureau of Land
Management (BLM) announces the
availability of the Record of Decision
(ROD) for the Approved Resource
Management Plan (RMP) Amendment
for the Southeastern Oregon RMP,
located in the BLM’s Vale District. The
State Director, Oregon/Washington
signed the ROD on February 16, 2024,
which constitutes the decision of the
BLM and makes the Approved RMP
Amendment effective immediately.
DATES: The State Director, Oregon/
Washington signed the ROD/Approved
RMP Amendment on February 16, 2024.
ADDRESSES: The ROD/Approved RMP
Amendment is available online at the
BLM National NEPA Register at https://
eplanning.blm.gov/eplanning-ui/
project/87435/510. Printed copies of the
ROD/Approved RMP Amendment are
available for public inspection at the
BLM Vale District Office, 100 Oregon
Street, Vale, Oregon 97918, telephone:
(541) 473–3144.
A copy of the Protest Resolution
Report is available at: https://
www.blm.gov/programs/planning-andnepa/public-participation/protestresolution-reports.
FOR FURTHER INFORMATION CONTACT:
Caryn Burri, Planning and
Environmental Coordinator, Vale
District Office; telephone: (541) 473–
3144; email: cburri@blm.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services for
contacting Ms. Burri. Individuals
outside the United States should use the
relay services offered within their
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SUMMARY:
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country to make international calls to
the point-of-contact in the United
States.
The
Approved RMP Amendment amends the
existing 2002 Southeastern Oregon
RMP. The Southeastern Oregon
planning area covers approximately 4.6
million acres of public lands in
Malheur, Grant, Harney, and Baker
Counties. The Approved RMP
Amendment provides management
direction for lands with wilderness
characteristics; makes planning-areawide travel and transportation/offhighway vehicle (OHV) allocations of
open, limited, and closed; and provides
management direction for livestock
grazing in areas that fail to meet the
BLM’s Standards for Rangeland Health
and for processing voluntary livestock
grazing permit relinquishments.
The Approved RMP Amendment
prioritizes the protection of 33 of the 76
areas the BLM identifies as having
wilderness characteristics. The 33
protected areas will be managed as:
Visual Resource Management Class II
public lands, which only allows for low
levels of change to the landscapes’
visual character; Land Tenure Zone 1,
where the BLM retains the lands in
public ownership for the life of the
RMP; OHV limited; and exclusion areas
for major rights-of-way and commercial
renewable energy projects. No surface
occupancy for the development and
extraction of leasable and saleable
minerals, including new mineral
material sites, within the protected areas
is allowed. Where roads form the
boundary of a protected wilderness
characteristic unit, a 250-foot
management setback is established. The
setback areas total 9,247 acres.
Under the Approved RMP
Amendment, two areas totaling 40,368
acres near the city of Vale, Oregon, will
be managed as open to OHV use;
319,501 acres currently classified as
open will be designated as limited to
existing routes, resulting in a total 4.5
million acres of limited OHV
classification in the planning area; and
15,829 acres closed to OHV use will
remain closed.
The Approved RMP Amendment: (1)
requires the BLM to consider taking
action in areas that are not meeting
Standards for Rangeland Health even if
existing livestock grazing is not a causal
factor for non-attainment of the
standard; (2) clarifies that the BLM will
not permit increases to animal unit
months if analysis finds that doing so
could cause negative impacts to other
resources in an area where there is
either no rangeland health assessment
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and evaluation or if the evaluation no
longer represents the existing resource
conditions; and (3) requires the BLM to
review the suitability and compatibility
of livestock grazing use with other
existing resources in the permitted area
when a voluntary permit
relinquishment is received. If livestock
grazing is found to be unsuitable and/
or incompatible, the area will become
unavailable to grazing and the forage
allocation will be made to another
resource. If grazing is found to be
suitable and/or compatible, then the
allocation of forage to livestock grazing
use would remain in place. The BLM
could authorize grazing use for the area
under a grazing permit or designate the
area as a reserve common allotment.
The BLM provided the Proposed RMP
Amendment/Final Environmental
Impact Statement (PRMPA/FEIS) for a
30-day public protest period starting on
June 16, 2023, and received two valid
protests. The BLM Assistant Director for
Resources and Planning resolved both
protests. Responses to protest issues
were compiled and documented in a
Protest Resolution Report (see
ADDRESSES). Minor clarifications to the
language in the Approved RMP
Amendment related to the way BLM
manages Wilderness Study Areas that
are released from consideration for
Wilderness designation by Congress
were made in response to an issue
raised on this topic in one of the
protests received.
The BLM provided the PRMPA/FEIS
to the Governor of Oregon for a 60-day
Governor’s consistency review on June
16, 2023. The Governor’s Office
identified some concerns and potential
inconsistencies between the PRMPA
and State and local plans, policies, and
programs. The BLM discussed the
concerns with the Governor’s Office
and, in response, made minor
clarifications in the Approved RMP
Amendment regarding how lands with
wilderness characteristics that are not
prioritized for protection will be
managed and the way in which BLM
manages Wilderness Study Areas that
are released from consideration for
Wilderness designation by Congress.
The clarifications made to the Approved
RMP Amendment in response to both
the issues raised in one of the protests
received and the Oregon Governor’s
consistency review were minor and did
not represent a change requiring the
BLM to provide the public with an
opportunity to comment as discussed in
43 CFR 1610.2(f)(5) and 1610.5–1.
E:\FR\FM\26FEN1.SGM
26FEN1
]]>Agencies
[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Notices]
[Pages 14087-14090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03846]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[BLM_HQ_FRN_MO4500176277]
National Environmental Policy Act Implementing Procedures for the
Bureau of Land Management (516 DM 11)
AGENCY: Office of the Secretary, Interior.
ACTION: Notice of proposed policy revisions.
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SUMMARY: This notice announces the intent to revise the Bureau of Land
Management's (BLM) policies and procedures for compliance with the
National Environmental Policy Act (NEPA), as amended, various Executive
Orders, and the Council on Environmental Quality's NEPA Implementing
Regulations by proposing to remove four administratively established
categorical exclusions (CXs) and to incorporate two CXs established by
Congress.
DATES: Comments must be postmarked no later than March 27, 2024.
ADDRESSES: The public can review the proposed changes to the
Departmental Manual (DM) online BLM's ePlanning site: https://eplanning.blm.gov/eplanning-ui/home. Comments can be submitted:
Through the BLM National NEPA Register: https://eplanning.blm.gov/eplanning-ui/home. Follow the instruction at this website.
By mail: Director (210), Attention: Senior NEPA Lead, P.O. Box
261117, Lakewood, CO 80226.
By personal or messenger delivery: Director (210), Attention:
Senior NEPA Lead, Denver Federal Center, Building 40 (Door W-4),
Lakewood, CO 80215 DC 20003.
FOR FURTHER INFORMATION CONTACT: Heather Bernier, Division Chief,
Decision Support, Planning, and NEPA, at (303) 239-3635, or
[email protected]. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access telecommunications relay services
for contacting Heather Bernier. Individuals outside the United States
should use the relay services offered within their country to make
international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: The BLM is proposing to revise its NEPA
procedures. Specifically, BLM is proposing to revise the list of BLM
actions that are normally categorically excluded from the requirement
to
[[Page 14088]]
complete an environmental assessment (EA) or environmental impact
statement (EIS) absent extraordinary circumstances. The BLM's NEPA
procedures, located at Chapter 11 of Part 516 of the Departmental
Manual (516 DM 11), were last updated December 10, 2020. The BLM's
current procedures can be found on the Department of the Interior's
(DOI) Electronic Library of Interior Policies (ELIPS) at: https://www.doi.gov/sites/doi.gov/files/elips/documents/516-dm-11_0.pdf.
The BLM proposes to remove four administrative CXs from its NEPA
procedures. Given the complexity of land management, legal frameworks,
and other factors, the BLM is considering the removal of the CXs
described in 516 DM 11.C(10) regarding the salvaging of dead and dying
trees; 516 DM 11.D(10) regarding vegetation management activities; 516
DM 11.D(11) regarding issuance of livestock grazing permits or leases;
and 516 DM 11.J(1) regarding certain activities within sagebrush and
sagebrush-steppe plant communities to manage pinyon pine and juniper
trees for the benefit of mule deer or sage-grouse habitats. Removing
these CXs would require the BLM to assess whether another CX applies or
prepare an EA or EIS when proposing actions that would have previously
been covered by these CXs. BLM previously discontinued use of these CXs
through instruction memoranda (IM) (available online at https://www.blm.gov/policy/instruction-memorandum). The BLM discontinued use of
516 DM 11.D(10) and 516 DM 11.D(11) on August 21, 2009, through IM
2009-199; discontinued use of 516 DM 11.C(10) on August 3, 2022,
through PIM 2022-010; and discontinued use of 516 DM 11.J(1) on
November 30, 2022, through PIM 2023-002. The BLM is not presently
considering modifying the terms of these CXs.
Additionally, the BLM proposes to incorporate two CXs established
by Congress in the Infrastructure Investment and Jobs Act (Pub. L. 117-
58). Section 11318 established a CX for sundry notices or rights-of-way
for gathering lines and associated field compression or pumping units
on Federal land servicing oil and gas wells under the conditions
described therein. Section 40806 excludes forest management activities
for the establishment of fuel breaks in forests and other wildland
vegetation from preparation of an EA or EIS under NEPA, as described
therein.
Below outlines the proposed changes to the text of 516 DM Chapter
11, reflecting the addition of the statutorily established CXs and
deletion of the administrative CXs proposed. Because the new CXs were
established by Congress, the BLM does not have the discretion to change
their terms. A redline version is available for review at the website
identified in the ADDRESSES section.
11.9 Actions Eligible for a Categorical Exclusion (CX)
C. Forestry
(10) Reserved
D. Rangeland Management
(10) Reserved
(11) Reserved
J. Habitat Restoration (Reserved)
11.10 Categorical Exclusions Established or Directed by Statute
D. Section 11318 of the Infrastructure Investment and Jobs Act
(Pub. L. 117-58) established a CX as defined in 40 CFR part 1508 for
sundry notices or rights-of-way for gathering lines and associated
field compression or pumping units on Federal land servicing oil and
gas wells under the conditions described below. Application of this CX
requires extraordinary circumstances review consistent with 43 CFR
46.215.
Section 11318. CERTAIN GATHERING LINES LOCATED ON FEDERAL LAND AND
INDIAN LAND of the Infrastructure Investment and Jobs Act provides:
(a) Definitions.--In this section:
(1) Federal land.--
(A) In general.--The term ''Federal land'' means land the title to
which is held by the United States.
(B) Exclusions.--The term ''Federal land'' does not include--
(i) a unit of the National Park System;
(ii) a unit of the National Wildlife Refuge System;
(iii) a component of the National Wilderness Preservation System;
(iv) a wilderness study area within the National Forest System; or
(v) Indian land
(2) Gathering line and associated field compression or pumping
unit.--
(A) In general.--The term ''gathering line and associated field
compression or pumping unit'' means--
(i) a pipeline that is installed to transport oil, natural gas and
related constituents, or produced water from 1 or more wells drilled
and completed to produce oil or gas;
(ii) if necessary, 1 or more compressors or pumps to raise the
pressure of the transported oil, natural gas and related constituents,
or produced water to higher pressures necessary to enable the oil,
natural gas and related constituents, or produced water to flow into
pipelines and other facilities; and
(iii) if necessary, cathodic protection ancillary to the line.
(B) Inclusions.--The term ''gathering line and associated field
compression or pumping unit'' includes a pipeline and its cathodic
protection as needed, or associated compression or pumping unit that is
installed to transport oil or natural gas from a processing plant to a
common carrier pipeline or facility.
(C) Exclusions.--The term ''gathering line and associated field
compression or pumping unit'' does not include a common carrier
pipeline.
(3) Indian land.--The term ''Indian land'' means land the title to
which is held by--
(A) the United States in trust for an Indian Tribe or an individual
Indian; or
(B) an Indian Tribe or an individual Indian subject to a
restriction by the United States against alienation.
(4) Produced water.--The term ``produced water'' means water
produced from an oil or gas well bore that is not a fluid prepared at,
or transported to, the well site to resolve a specific oil or gas well
bore or reservoir condition.
(5) Secretary.--The term ''Secretary'' means the Secretary of the
Interior.
(b) Certain Gathering Lines.--
(1) In general.--Subject to paragraph (2), the issuance of a sundry
notice or right-of-way for a gathering line and associated field
compression or pumping unit that is located on Federal land or Indian
land and that services any oil or gas well may be considered by the
Secretary to be an action that is categorically excluded (as defined in
section 1508.1 of title 40, Code of Federal Regulations (as in effect
on the date of enactment of this Act)) for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the
gathering line and associated field compression or pumping unit--
(A) are within a field or unit for which an approved land use plan
or an environmental document prepared pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed
transportation of oil, natural gas, or produced water from 1 or more
oil or gas wells in the field or unit as a reasonably foreseeable
activity;
(B) are located adjacent to or within--
(i) any existing disturbed area; or
(ii) an existing corridor for a right-of-way; and
(C) would reduce--
(i) in the case of a gathering line and associated field
compression or pumping unit transporting methane, the total quantity of
methane that would otherwise be vented, flared, or unintentionally
emitted from the field or unit; or
[[Page 14089]]
(ii) in the case of a gathering line and associated field
compression or pumping unit not transporting methane, the vehicular
traffic that would otherwise service the field or unit.
(2) Applicability.--Paragraph (1) shall apply to Indian land, or a
portion of Indian land--
(A) to which the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) applies; and
(B) for which the Indian Tribe with jurisdiction over the Indian
land submits to the Secretary a written request that paragraph (1)
apply to that Indian land (or portion of Indian land).
(c) Effect on Other Law.--Nothing in this section--
(1) affects or alters any requirement--
(A) relating to prior consent under--
(i) section 2 of the Act of February 5, 1948 (62 Stat.18, chapter
45; 25 U.S.C. 324); or
(ii) section 16(e) of the Act of June 18, 1934 (48 Stat. 987,
chapter 576; 102 Stat. 2939; 114 Stat. 47; 25 U.S.C. 5123(e)) (commonly
known as the ``Indian Reorganization Act'');
(B) under section 306108 of title 54, United States Code; or
(C) under any other Federal law (including regulations) relating to
Tribal consent for rights-of-way across Indian land; or
(2) makes the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) applicable to land to which that Act otherwise would not
apply.
E. Section 40806 of the Infrastructure Investment and Jobs Act
(Pub. L. 117-58) excludes forest management activities for the
establishment of fuel breaks in forests and other wildland vegetation
from preparation of an EA or EIS under NEPA, as described below.
Section 40806. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER
WILDLAND VEGETATION of the Infrastructure Investment and Jobs Act
provides:
(a) DEFINITION OF SECRETARY CONCERNED.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to National Forest
System land; and
(2) the Secretary of the Interior, with respect to public lands (as
defined in section 103 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1702)) administered by the Bureau of Land Management.
(b) CATEGORICAL EXCLUSION ESTABLISHED.--Forest management
activities described in subsection (c) are a category of actions
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if
the categorical exclusion is documented through a supporting record and
decision memorandum.
(c) FOREST MANAGEMENT ACTIVITIES DESIGNATED FOR CATEGORICAL
EXCLUSION.--
(1) IN GENERAL.--The category of forest management activities
designated under subsection (b) for a categorical exclusion are forest
management activities described in paragraph (2) that are carried out
by the Secretary concerned on public lands (as defined in section 103
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702))
administered by the Bureau of Land Management or National Forest System
land the primary purpose of which is to establish and maintain linear
fuel breaks that are--
(A) up to 1,000 feet in width contiguous with or incorporating
existing linear features, such as roads, water infrastructure,
transmission and distribution lines, and pipelines of any length on
Federal land; and
(B) intended to reduce the risk of uncharacteristic wildfire on
Federal land or catastrophic wildfire for an adjacent at-risk
community.
(2) ACTIVITIES.--Subject to paragraph (3), the forest management
activities that may be carried out pursuant to the categorical
exclusion established under subsection (b) are--
(A) mowing or masticating;
(B) thinning by manual and mechanical cutting;
(C) piling, yarding, and removal of slash or hazardous fuels;
(D) selling of vegetation products, including timber, firewood,
biomass, slash, and fenceposts;
(E) targeted grazing;
(F) application of--
(i) pesticide;
(ii) biopesticide; or
(iii) herbicide;
(G) seeding of native species;
(H) controlled burns and broadcast burning; and
(I) burning of piles, including jackpot piles.
(3) EXCLUDED ACTIVITIES.--A forest management activity described in
paragraph (2) may not be carried out pursuant to the categorical
exclusion established under subsection (b) if the activity is
conducted--
(A) in a component of the National Wilderness Preservation System;
(B) on Federal land on which the removal of vegetation is
prohibited or restricted by Act of Congress, Presidential proclamation
(including the applicable implementation plan), or regulation;
(C) in a wilderness study area; or
(D) in an area in which carrying out the activity would be
inconsistent with the applicable land management plan or resource
management plan.
(4) EXTRAORDINARY CIRCUMSTANCES.--The Secretary concerned shall
apply the extraordinary circumstances procedures under section 220.6 of
title 36, Code of Federal Regulations (or a successor regulation), in
determining whether to use a categorical exclusion under subsection
(b).
(d) ACREAGE AND LOCATION LIMITATIONS.--Treatments of vegetation in
linear fuel breaks covered by the categorical exclusion established
under subsection (b)--
(1) may not contain treatment units in excess of 3,000 acres;
(2) shall be located primarily in--
(A) the wildland-urban interface or a public drinking water source
area;
(B) if located outside the wildland-urban interface or a public
drinking water source area, an area within Condition Class 2 or 3 in
Fire Regime Group I, II, or III that contains very high wildfire hazard
potential; or
(C) an insect or disease area designated by the Secretary concerned
as of the date of enactment of this Act; and
(3) shall consider the best available scientific information.
(e) ROADS.--
(1) PERMANENT ROADS.--A project under this section shall not
include the establishment of permanent roads.
(2) EXISTING ROADS.--The Secretary concerned may carry out
necessary maintenance and repairs on existing permanent roads for the
purposes of this section.
(3) TEMPORARY ROADS.--The Secretary concerned shall decommission
any temporary road constructed under a project under this section not
later than 3 years after the date on which the project is completed.
(f) PUBLIC COLLABORATION.--To encourage meaningful public
participation during the preparation of a project under this section,
the Secretary concerned shall facilitate, during the preparation of
each project--
(1) collaboration among State and local governments and Indian
Tribes; and
(2) participation of interested persons.
(Authority: 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,
[[Page 14090]]
May 24, 1977; and CEQ regulations (40 CFR 1500-1508)).
Stephen G. Tryon,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2024-03846 Filed 2-23-24; 8:45 am]
BILLING CODE 4331-27-P
