Adoption of Categorical Exclusions Established by the Denali Commission, 42454-42457 [2024-10615]
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42454
Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Notices
NORTHERN BORDER REGIONAL
COMMISSION
Adoption of Categorical Exclusions
Established by the Denali Commission
Northern Border Regional
Commission.
ACTION: Notice.
AGENCY:
The Northern Border Regional
Commission (NBRC) is adopting
categorical exclusions (CEs) established
by the Denali Commission, which the
NBRC will apply to similar NBRC
categories of actions to comply with the
National Environmental Policy Act.
This notice identifies the Denali
Commission CEs and NBRC’s categories
of proposed actions for which it intends
to use the Denali Commission’s CEs and
describes the consultation between the
agencies.
DATES: The CEs identified below are
available for the NBRC to use for its
proposed actions effective upon
publication.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Rich
Grogan, NBRC Executive Director,
telephone number: 603–369–3001,
email: rgrogan@nbrc.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
National Environmental Policy Act and
Categorical Exclusions
Congress enacted the National
Environmental Policy Act, 42 U.S.C.
4321–4347, (NEPA) in order to
encourage productive and enjoyable
harmony between humans and the
environment, recognizing the profound
impact of human activity and the
critical importance of restoring and
maintaining environmental quality to
the overall welfare of humankind. 42
U.S.C. 4321, 4331. NEPA seeks to
ensure that agencies consider the
environmental effects of their proposed
major actions in their decision-making
processes and inform and involve the
public in that process. NEPA created the
Council on Environmental Quality
(CEQ), which promulgated NEPA
implementing regulations, 40 CFR parts
1500 through 1508 (CEQ regulations).
To comply with NEPA, agencies
determine the appropriate level of
review of any major Federal action—an
environmental impact statement (EIS),
environmental assessment (EA), or CE.
40 CFR 1501.3. If a proposed action is
likely to have significant environmental
effects, the agency must prepare an EIS
and document its decision in a record
of decision. 40 CFR part 1502, 1505.2.
If the proposed action is not likely to
have significant environmental effects
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or the effects are unknown, the agency
may instead prepare an environmental
assessment (EA), which involves a more
concise analysis and process than an
EIS. 40 CFR 1501.5. Following the EA,
the agency may conclude that the action
will have no significant effects and
document that conclusion in a finding
of no significant impact. 40 CFR 1501.6.
If the analysis concludes that the action
is likely to have significant effects,
however, then an EIS is required.
Under NEPA and the CEQ regulations,
a Federal agency also can establish
CEs—categories of actions that the
agency has determined normally do not
significantly affect the quality of the
human environment—in their agency
NEPA procedures. 42 U.S.C. 4336e(1);
40 CFR 1501.4, 1507.3(e)(2)(ii),
1508.1(d). If an agency determines that
a CE covers a proposed action, it then
evaluates the proposed action for
extraordinary circumstances in which a
normally excluded action may have a
significant effect. 40 CFR 1501.4(b). If
no extraordinary circumstances are
present or if further analysis determines
that the extraordinary circumstances do
not involve the potential for significant
environmental effects, the agency may
apply the CE to the proposed action
without preparing an EA or EIS. 42
U.S.C. 4336(a)(2), 40 CFR 1501.4. If the
extraordinary circumstances have the
potential to result in significant effects,
the agency is required to prepare an EA
or EIS.
An agency may not segment an action
to meet the definition of a CE. Agencies
must evaluate, in a single review,
proposals or parts of proposals that are
related to each other closely enough to
be, in effect, a single course of action,
and must consider as part of the review
any connected actions. Connected
actions are ones that automatically
trigger other actions, cannot or will not
proceed unless other actions are taken,
or are interdependent parts of a larger
action and depend on the larger action
for their justification.
Section 109 of NEPA, enacted as part
of the Fiscal Responsibility Act of 2023,
allows a Federal agency to ‘‘adopt’’ and
use another Federal agency’s CEs for
proposed actions. 42 U.S.C. 4336c. To
use another agency’s CEs under section
109, the adopting agency must identify
the relevant CEs listed in another
agency’s (‘‘establishing agency’’) NEPA
procedures that covers the adopting
agency’s category of proposed actions or
related actions; consult with the
establishing agency to ensure that the
proposed adoption of the CE for a
category of actions is appropriate;
identify to the public the CE that the
adopting agency plans to use for its
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proposed actions; and document
adoption of the CE. 42 U.S.C. 4336c.
NBRC has prepared this notice to meet
these statutory requirements.
NBRC’s Programs
Created in 2008, the Northern Border
Regional Commission (NBRC) is a
Federal-State partnership whose
mission is to help alleviate economic
distress and encourage private sector job
creation in Maine, New Hampshire,
New York, and Vermont. In its 15-year
history, the NBRC has awarded over 400
grants through its primary Catalyst
Program, the Forest Economy Program
(FEP), the Timber for Transit program,
and other special initiatives.
Since 2008, the NBRC has grown each
year, both in size and appropriations,
and was included in the 2021 Bipartisan
Infrastructure Law (BIL) passed by
Congress, which appropriated $150
million to the Commission for
deployment across its four-state
footprint in support of a wide range of
economic development projects. Eligible
recipients for NBRC grant funds include
State and local governments, Indian
Tribes, and public and nonprofit
organizations.
Through its grantmaking, the NBRC
funds projects in the following
categories, as prescribed in 40 U.S.C.,
subtitle V, section 15501:
(1) to develop the transportation
infrastructure of its region;
(2) to develop the basic public
infrastructure of its region;
(3) to develop the telecommunications
infrastructure of its region;
(4) to assist its region in obtaining job
skills training, skills development and
employment-related education,
entrepreneurship, technology, and
business development;
(5) to provide assistance to severely
economically distressed and
underdeveloped areas of its region that
lack financial resources for improving
basic health care and other public
services;
(6) to promote resource conservation,
tourism, recreation, and preservation of
open space in a manner consistent with
economic development goals;
(7) to promote the development of
renewable and alternative energy
sources; and
(8) to otherwise achieve the purposes
of this subtitle.
Denali Commission’s Program
Created by Congress in 1998, the
Denali Commission is essentially
similar to the NBRC in its mission and
function. The Denali Commission Act of
1998 established the Denali Commission
(Commission), and as part of the act, the
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Commission’s mission of providing job
training and other economic
development services in rural
communities was established with a
specific focus on promoting rural
development, and providing power
generation, transmission facilities,
modern communication systems, water
and sewer systems and other
infrastructure needs in rural Alaska.
Since its inception, the Denali
Commission Act of 1998 has been
updated several times expanding its
mission to include the planning and
construction of health care facilities and
the establishment of the Denali Access
System Program for surface
transportation infrastructure and
waterfront transportation projects. The
NBRC collaborates extensively with the
Denali Commission on both
administrative and programmatic
matters.
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II. Denali Commission Categorical
Exclusions
NBRC is in the process of developing
its own list of CEs and, in the interim,
has identified the following CEs listed
in appendices A and B to subtitle B of
the Denali Commission’s NEPA
implementing procedures, 45 CFR part
900. The NBRC will require all grantees
to complete a CATEX Checklist, which
will closely resemble the CATEX
Checklist completed by applicants to
the Denali Commission’s programs. The
NBRC will review the CATEX Checklist
and project details and, if it determines
that application of the CATEX is
appropriate, will post a Memorandum
for Record (MFR) on NBRC’s NEPAdedicated web page, which may be
accessed by the public.
Because the Denali Commission and
the NBRC serve similar purposes with
respect to economic development in
their respective Congressionally
prescribed regions, the list of categories
in the Denali procedures aligns closely
with the categories of actions for which
NBRC contemplates using the CE at this
time.
A. General Categorical Exclusions
Actions consistent with any of the
following categories are, in the absence
of extraordinary circumstances,
categorically excluded from further
analysis in an EA or EIS:
1. Routine administrative and
management activities including, but
not limited to, those activities related to
budgeting, finance, personnel actions,
procurement activities, compliance with
applicable executive orders and
procedures for sustainable or ‘‘greened’’
procurement, retaining legal counsel,
public affairs activities (e.g., issuing
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press releases, newsletters and notices
of funding availability), internal and
external program evaluation and
monitoring (e.g., site visits), database
development and maintenance, and
computer systems administration.
Application of the CE will be limited
to the following NBRC activities:
• Internal operations of the NBRC.
• Grants that support discrete
administrative and management
activities funded under the authority
granted in 40 U.S.C. 15501(a) such as
internal planning, budgeting, and
procurement activities.
2. Routine activities that the
Commission does to support its program
partners and stakeholders, such as
serving on task forces, ad hoc
committees or representing Commission
interests in other forums.
Application of the CE will be limited
to the following NBRC activities:
• Participation in regional forums,
e.g., multi-funder forums;
• Single or multiple-agency visits to
projects and potential projects;
• Participation in strategic planning
initiatives of stakeholders and regional
partners;
• Participation on ad hoc committees
designed to elucidate community needs
and economic development objectives.
3. Approving and issuing grants for
administrative overhead support.
Application of the CE will be limited
to the following NBRC activities:
• Grants for capacity building
initiatives in the NBRC’s region to
address limited capacity among partners
and stakeholders, grantees and potential
grantees. These initiatives include:
Adding staff and/or contractual capacity
within regional economic development
entities for the purpose of technical
assistance to grantees; Providing
support for administrative overhead
costs for these economic development
entities; Providing grants for contractual
support for grantees and potential
grantees to be deployed through
regional economic development entities.
4. Approving and issuing grants for
social services, education and training
programs, including but not limited to
support for Head Start, senior citizen
programs, drug treatment programs, and
funding internships, except for projects
involving construction, renovation, or
changes in land use.
Application of the CE will be limited
to the following NBRC activities:
• Grants for workforce development
and training programs, planning
initiatives, community visioning
processes, and other community-based
capacity-building initiatives.
5. Approving and issuing grants for
facility planning and design.
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Application of the CE will be limited
to the following NBRC activities:
• Grants for discrete planning and
design activities, such as climate
resiliency planning, inventory
assessments, and identifying local and
regional sourcing of forest-based
products, where such activities are
independent of any actions taken to
implement the resulting plans and
designs.
6. Nondestructive data collection,
inventory, study, research, and
monitoring activities (e.g., field, aerial
and satellite surveying, and mapping).
Application of the CE will be limited
to the following NBRC activities:
• Grants to support discrete
nondestructive data collection,
inventory, study, research, and
monitoring activities funded under 40
U.S.C. 15501(a).
7. Research, planning grants and
technical assistance projects that are not
reasonably expected to commit the
Federal Government to a course of
action, to result in legislative proposals,
or to result in direct development.
Application of the CE will be limited
to the following NBRC activities:
• Grants to support data collection
and research that furthers the NBRC’s,
and/or grantees’, stakeholders’,
partners’, etc. understanding of the
region’s needs, capacity, or funding gaps
as it pertains to economic development
as defined by the NBRC and expressly
noted in 40 U.S.C. 15501(a)
• Approving and issuing grants to
organization to provide technical advice
and grant administration assistance to
organizations (e.g., community and
economic development entities who
provide technical and grant
administration assistance to address
lack of capacity at State, regional and
local levels), where such assistance is
independent of any implementation
actions with potential environmental
effects.
8. Acquisition and installation of
equipment including, but not limited to,
EMS, emergency and non- expendable
medical equipment (e.g., digital imaging
devices and dental equipment), and
communications equipment (e.g.,
computer upgrades).
Application of the CE will be limited
to the following NBRC activities:
• Grants to support acquisition and
installation of fiber optic cable upgrades
and other communications equipment
within the existing footprint of a
building, vehicle, existing electrical or
communications infrastructure to
improve broadband access;
• Grants to support acquisition and
installation of medical, emergency, and
communications equipment for medical
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facilities or emergency services within
the existing footprint of a building, on
a structure, or within a vehicle;
• Grants to support acquisition and
installation of equipment within the
existing footprint of a building or within
a vehicle to support enhanced cellular
access.
• Grants to support acquisition and
installation of equipment for
transportation and recreational
infrastructure improvements.
• Grants to support acquisition and
installation of equipment for forestry
management activities and production
of forestry products.
• Grants to support acquisition and
installation of environmental
monitoring equipment, such as weather
stations.
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B. Program Categorical Exclusions
Actions consistent with any of the
following categories are, in the absence
of extraordinary circumstances,
categorically excluded from further
analysis and documentation in an EA or
EIS upon completion of the Denali
Commission CATEX checklist:
1. Upgrade, repair, maintenance,
replacement, or minor renovations and
additions to buildings, roads, harbors
and other maritime facilities, grounds,
equipment, and other facilities,
including but not limited to, roof
replacement, foundation repair, ADA
access ramp and door improvements,
weatherization and energy efficiency
related improvements, HVAC
renovations, painting, floor system
replacement, repaving parking lots and
ground maintenance, that do not result
in a change in the functional use of the
real property.
Application of the CE will be limited
to the following NBRC activities, all of
which would occur within the existing
footprint of a building or on adjacent
disturbed land:
• Grants to support renovation of
health facilities to bring them up to
modern use standards;
• Grants to support upgrades,
maintenance, and repair of existing
transportation infrastructure (e.g.,
covered bridges) including for the
purpose of resiliency to changing local
climate;
• Grants to support connections to
existing trails, for example, from a city
street to a bike path, and renovating
tourist destination hubs to ensure
continued access to tourist centers in
the region where potential impacts of
connections are documented and do not
substantially alter existing facilities,
traffic patterns or other existing
infrastructure;
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• Grants to support upgrades, repair,
maintenance, replacement, minor
renovations, or additions to existing
buildings, roads, harbors, and/or other
maritime facilities to ensure continued
access for purposes of economic
development and/or community access,
where the addition will not result in
changes to the existing functional use,
and where any additions occur on
adjacent previously disturbed land.
2. Engineering studies and
investigations that do not permanently
change the environment.
Application of the CE will be limited
to the following NBRC activities:
• Grants to support improvement
plans, rehabilitation planning, climate
resiliency planning and the like, for
projects including new water and
wastewater infrastructure, outdoor
recreation trails, and transportation
studies for airports and roadways,
where such assistance is independent of
any implementation actions with
potential environmental effects and
does not result in surface disturbance.
3. Construction or lease of new
infrastructure including, but not limited
to, healthcare facilities, community
buildings, housing, and bulk fuel
storage and power generation plants,
where such lease or construction:
a. Is at the site of existing
infrastructure and capacity is not
substantially increased; or
b. Is for infrastructure of less than
12,000 square feet of useable space
when less than two acres of surface land
area are involved at a new site.
Application of the CE will be limited
to the following NBRC activities, which
would occur on previously disturbed
land:
• Grants for new infrastructure for
healthcare facilities;
• Grants for new infrastructure for
childcare facilities;
• Grants for new infrastructure for
community buildings and housing;
• Grants for projects that upgrade or
replace outdated power generation
technology;
• Grants for water and wastewater
infrastructure;
4. Construction or modification of
electric power stations or
interconnection facilities (including, but
not limited to, switching stations and
support facilities).
Application of the CE will be limited
to the following NBRC activities, which
would occur on previously disturbed
land:
• Grants to support the construction
or modification of new or existing
power stations and associated
infrastructure in the region;
5. Construction of electric powerlines
approximately ten miles in length or
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less, or approximately 20 miles in
length or less within previously
disturbed or developed powerline or
pipeline rights-of-way.
Application of the CE will be limited
to the following NBRC activities:
• Grants to support new powerlines
to communities seeking new
connections or upgrades to existing
infrastructure.
6. Demolition, disposal, or
improvements involving buildings or
structures when done in accordance
with applicable regulations, including
those regulations applying to removal of
asbestos, polychlorinated biphenyls
(PCBs), and other hazardous materials.
Application of the CE will be limited
to the following NBRC activities, which
would not involve the demolition of
structures that are listed on or eligible
for listing on the National Register of
Historic Properties, or improvement
activities outside the footprint of the
existing structure:
• Grants to support demolition,
disposal, or improvement of buildings
or structures to support economic
development activities as specified in
40 U.S.C. 15501(a).
III. Documentation of CE and Public
Notice
The NBRC will document the use of
the above CEs for each project to which
they are applied and will maintain this
documentation in the project’s records
in the NBRC’s online file storage system.
The CEs will be documented in a
‘‘Memorandum for Record’’ format to
stay consistent across projects. NBRC
annually provides required NEPA
dedicated training to our State, regional,
and local partners, as well as our
grantees. NBRC’s NEPA process,
including all templates, guidance
documents, procedures, etc., are made
available to the public on NBRC’s
NEPA-dedicated web page.
IV. Consideration of Extraordinary
Circumstances
If an agency determines that a CE
covers a proposed action, the agency
must evaluate the proposed action for
extraordinary circumstances in which a
normally excluded action may have a
significant effect. 40 CFR 1501.4(b).
NBRC does not currently have its own
NEPA implementing procedures to
guide its application of extraordinary
circumstances. Until NBRC establishes
NEPA implementing procedures, for
purposes of considering extraordinary
circumstances in connection with the
Denali Commission CEs discussed in
this notice, NBRC will consider whether
the proposed action has the potential to
result in significant effects by
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considering the factors listed in the
Denali Commission’s definition of
extraordinary circumstances, including,
but not limited to, a reasonable
likelihood of significant impacts on
environmentally sensitive resources;
threatening a violation of a Federal,
Tribal, State, or local law or requirement
imposed for the protection of the
environment; or disproportionate and
adverse effects on communities with
environmental justice concerns. NBRC
would analyze proposed actions for the
extraordinary circumstances in the
Denali Commission’s NEPA
implementing procedures and
consistent with the CEQ NEPA
regulations. 45 CFR 900.204(c). NBRC
will then assess whether an
extraordinary circumstance is present
and if so, whether the CE may
nonetheless be applied, consistent with
40 CFR 1501.4(b) or any successor
regulation. If NBRC cannot apply a CE
to a particular proposed action due to
extraordinary circumstances, NBRC will
prepare an EA or EIS, consistent with 40
CFR 1501.4(b)(2), or determine if the
action is covered under an existing
NEPA document. NBRC will document
its consideration of extraordinary
circumstances as part of the
Memorandum for Record discussed in
Part III above.
Commission CEs that could apply to
NBRC proposed actions and began
consultation in September 2023. During
this consultation, the agencies discussed
whether the categories of NBRC
proposed actions would be
appropriately covered by the Denali
Commission CEs; each Agency’s process
for review of projects with respect to
CEs; and the extraordinary
circumstances that NBRC should
consider before applying these CEs to
NBRC’s proposed actions. The
consultation continued through early
November 2023, and consisted of
detailed email exchanges and virtual
meetings with the Denali Commission’s
lead reviewer of NEPA-related items.
At the conclusion of that process, the
agencies determined that NBRC’s
proposed use of the CEs as described in
this notice would be appropriate
because the categories of actions for
which NBRC plans to use the CEs are
covered by the Denali Commission CEs.
IV. Consultation With the Denali
Commission and Determination of
Appropriateness
NBRC worked with the Denali
Commission to identify Denali
Jonathan O’Rourke,
Senior Program Specialist.
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V. Conclusion
This notice documents adoption of
the Denali Commission CEs listed above
in accordance with 42 U.S.C. 4336c(3),
and they are available for use by NBRC
effective immediately.
DEPARTMENT OF DEFENSE
Office of the Secretary
[Transmittal No. 22–23]
Arms Sales Notification
Defense Security Cooperation
Agency, Department of Defense (DoD).
AGENCY:
ACTION:
Arms sales notice.
The DoD is publishing the
unclassified text of an arms sales
notification.
SUMMARY:
Neil
Hedlund at neil.g.hedlund.civ@mail.mil
or (703) 697–9214.
FOR FURTHER INFORMATION CONTACT:
This
36(b)(1) arms sales notification is
published to fulfill the requirements of
section 155 of Public Law 104–164
dated July 21, 1996. The following is a
copy of a letter to the Speaker of the
House of Representatives, Transmittal
22–23 with attached Policy Justification
and Sensitivity of Technology.
SUPPLEMENTARY INFORMATION:
Dated: May 9, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2024–10615 Filed 5–14–24; 8:45 am]
BILLING CODE 6820–SZ–P
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Agencies
- NORTHERN BORDER REGIONAL COMMISSION
[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42454-42457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10615]
[[Page 42454]]
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NORTHERN BORDER REGIONAL COMMISSION
Adoption of Categorical Exclusions Established by the Denali
Commission
AGENCY: Northern Border Regional Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Northern Border Regional Commission (NBRC) is adopting
categorical exclusions (CEs) established by the Denali Commission,
which the NBRC will apply to similar NBRC categories of actions to
comply with the National Environmental Policy Act. This notice
identifies the Denali Commission CEs and NBRC's categories of proposed
actions for which it intends to use the Denali Commission's CEs and
describes the consultation between the agencies.
DATES: The CEs identified below are available for the NBRC to use for
its proposed actions effective upon publication.
FOR FURTHER INFORMATION CONTACT: Rich Grogan, NBRC Executive Director,
telephone number: 603-369-3001, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
National Environmental Policy Act and Categorical Exclusions
Congress enacted the National Environmental Policy Act, 42 U.S.C.
4321-4347, (NEPA) in order to encourage productive and enjoyable
harmony between humans and the environment, recognizing the profound
impact of human activity and the critical importance of restoring and
maintaining environmental quality to the overall welfare of humankind.
42 U.S.C. 4321, 4331. NEPA seeks to ensure that agencies consider the
environmental effects of their proposed major actions in their
decision-making processes and inform and involve the public in that
process. NEPA created the Council on Environmental Quality (CEQ), which
promulgated NEPA implementing regulations, 40 CFR parts 1500 through
1508 (CEQ regulations).
To comply with NEPA, agencies determine the appropriate level of
review of any major Federal action--an environmental impact statement
(EIS), environmental assessment (EA), or CE. 40 CFR 1501.3. If a
proposed action is likely to have significant environmental effects,
the agency must prepare an EIS and document its decision in a record of
decision. 40 CFR part 1502, 1505.2. If the proposed action is not
likely to have significant environmental effects or the effects are
unknown, the agency may instead prepare an environmental assessment
(EA), which involves a more concise analysis and process than an EIS.
40 CFR 1501.5. Following the EA, the agency may conclude that the
action will have no significant effects and document that conclusion in
a finding of no significant impact. 40 CFR 1501.6. If the analysis
concludes that the action is likely to have significant effects,
however, then an EIS is required.
Under NEPA and the CEQ regulations, a Federal agency also can
establish CEs--categories of actions that the agency has determined
normally do not significantly affect the quality of the human
environment--in their agency NEPA procedures. 42 U.S.C. 4336e(1); 40
CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d). If an agency determines that a
CE covers a proposed action, it then evaluates the proposed action for
extraordinary circumstances in which a normally excluded action may
have a significant effect. 40 CFR 1501.4(b). If no extraordinary
circumstances are present or if further analysis determines that the
extraordinary circumstances do not involve the potential for
significant environmental effects, the agency may apply the CE to the
proposed action without preparing an EA or EIS. 42 U.S.C. 4336(a)(2),
40 CFR 1501.4. If the extraordinary circumstances have the potential to
result in significant effects, the agency is required to prepare an EA
or EIS.
An agency may not segment an action to meet the definition of a CE.
Agencies must evaluate, in a single review, proposals or parts of
proposals that are related to each other closely enough to be, in
effect, a single course of action, and must consider as part of the
review any connected actions. Connected actions are ones that
automatically trigger other actions, cannot or will not proceed unless
other actions are taken, or are interdependent parts of a larger action
and depend on the larger action for their justification.
Section 109 of NEPA, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to ``adopt'' and use another
Federal agency's CEs for proposed actions. 42 U.S.C. 4336c. To use
another agency's CEs under section 109, the adopting agency must
identify the relevant CEs listed in another agency's (``establishing
agency'') NEPA procedures that covers the adopting agency's category of
proposed actions or related actions; consult with the establishing
agency to ensure that the proposed adoption of the CE for a category of
actions is appropriate; identify to the public the CE that the adopting
agency plans to use for its proposed actions; and document adoption of
the CE. 42 U.S.C. 4336c. NBRC has prepared this notice to meet these
statutory requirements.
NBRC's Programs
Created in 2008, the Northern Border Regional Commission (NBRC) is
a Federal-State partnership whose mission is to help alleviate economic
distress and encourage private sector job creation in Maine, New
Hampshire, New York, and Vermont. In its 15-year history, the NBRC has
awarded over 400 grants through its primary Catalyst Program, the
Forest Economy Program (FEP), the Timber for Transit program, and other
special initiatives.
Since 2008, the NBRC has grown each year, both in size and
appropriations, and was included in the 2021 Bipartisan Infrastructure
Law (BIL) passed by Congress, which appropriated $150 million to the
Commission for deployment across its four-state footprint in support of
a wide range of economic development projects. Eligible recipients for
NBRC grant funds include State and local governments, Indian Tribes,
and public and nonprofit organizations.
Through its grantmaking, the NBRC funds projects in the following
categories, as prescribed in 40 U.S.C., subtitle V, section 15501:
(1) to develop the transportation infrastructure of its region;
(2) to develop the basic public infrastructure of its region;
(3) to develop the telecommunications infrastructure of its region;
(4) to assist its region in obtaining job skills training, skills
development and employment-related education, entrepreneurship,
technology, and business development;
(5) to provide assistance to severely economically distressed and
underdeveloped areas of its region that lack financial resources for
improving basic health care and other public services;
(6) to promote resource conservation, tourism, recreation, and
preservation of open space in a manner consistent with economic
development goals;
(7) to promote the development of renewable and alternative energy
sources; and
(8) to otherwise achieve the purposes of this subtitle.
Denali Commission's Program
Created by Congress in 1998, the Denali Commission is essentially
similar to the NBRC in its mission and function. The Denali Commission
Act of 1998 established the Denali Commission (Commission), and as part
of the act, the
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Commission's mission of providing job training and other economic
development services in rural communities was established with a
specific focus on promoting rural development, and providing power
generation, transmission facilities, modern communication systems,
water and sewer systems and other infrastructure needs in rural Alaska.
Since its inception, the Denali Commission Act of 1998 has been
updated several times expanding its mission to include the planning and
construction of health care facilities and the establishment of the
Denali Access System Program for surface transportation infrastructure
and waterfront transportation projects. The NBRC collaborates
extensively with the Denali Commission on both administrative and
programmatic matters.
II. Denali Commission Categorical Exclusions
NBRC is in the process of developing its own list of CEs and, in
the interim, has identified the following CEs listed in appendices A
and B to subtitle B of the Denali Commission's NEPA implementing
procedures, 45 CFR part 900. The NBRC will require all grantees to
complete a CATEX Checklist, which will closely resemble the CATEX
Checklist completed by applicants to the Denali Commission's programs.
The NBRC will review the CATEX Checklist and project details and, if it
determines that application of the CATEX is appropriate, will post a
Memorandum for Record (MFR) on NBRC's NEPA-dedicated web page, which
may be accessed by the public.
Because the Denali Commission and the NBRC serve similar purposes
with respect to economic development in their respective
Congressionally prescribed regions, the list of categories in the
Denali procedures aligns closely with the categories of actions for
which NBRC contemplates using the CE at this time.
A. General Categorical Exclusions
Actions consistent with any of the following categories are, in the
absence of extraordinary circumstances, categorically excluded from
further analysis in an EA or EIS:
1. Routine administrative and management activities including, but
not limited to, those activities related to budgeting, finance,
personnel actions, procurement activities, compliance with applicable
executive orders and procedures for sustainable or ``greened''
procurement, retaining legal counsel, public affairs activities (e.g.,
issuing press releases, newsletters and notices of funding
availability), internal and external program evaluation and monitoring
(e.g., site visits), database development and maintenance, and computer
systems administration.
Application of the CE will be limited to the following NBRC
activities:
Internal operations of the NBRC.
Grants that support discrete administrative and management
activities funded under the authority granted in 40 U.S.C. 15501(a)
such as internal planning, budgeting, and procurement activities.
2. Routine activities that the Commission does to support its
program partners and stakeholders, such as serving on task forces, ad
hoc committees or representing Commission interests in other forums.
Application of the CE will be limited to the following NBRC
activities:
Participation in regional forums, e.g., multi-funder
forums;
Single or multiple-agency visits to projects and potential
projects;
Participation in strategic planning initiatives of
stakeholders and regional partners;
Participation on ad hoc committees designed to elucidate
community needs and economic development objectives.
3. Approving and issuing grants for administrative overhead
support.
Application of the CE will be limited to the following NBRC
activities:
Grants for capacity building initiatives in the NBRC's
region to address limited capacity among partners and stakeholders,
grantees and potential grantees. These initiatives include: Adding
staff and/or contractual capacity within regional economic development
entities for the purpose of technical assistance to grantees; Providing
support for administrative overhead costs for these economic
development entities; Providing grants for contractual support for
grantees and potential grantees to be deployed through regional
economic development entities.
4. Approving and issuing grants for social services, education and
training programs, including but not limited to support for Head Start,
senior citizen programs, drug treatment programs, and funding
internships, except for projects involving construction, renovation, or
changes in land use.
Application of the CE will be limited to the following NBRC
activities:
Grants for workforce development and training programs,
planning initiatives, community visioning processes, and other
community-based capacity-building initiatives.
5. Approving and issuing grants for facility planning and design.
Application of the CE will be limited to the following NBRC
activities:
Grants for discrete planning and design activities, such
as climate resiliency planning, inventory assessments, and identifying
local and regional sourcing of forest-based products, where such
activities are independent of any actions taken to implement the
resulting plans and designs.
6. Nondestructive data collection, inventory, study, research, and
monitoring activities (e.g., field, aerial and satellite surveying, and
mapping).
Application of the CE will be limited to the following NBRC
activities:
Grants to support discrete nondestructive data collection,
inventory, study, research, and monitoring activities funded under 40
U.S.C. 15501(a).
7. Research, planning grants and technical assistance projects that
are not reasonably expected to commit the Federal Government to a
course of action, to result in legislative proposals, or to result in
direct development.
Application of the CE will be limited to the following NBRC
activities:
Grants to support data collection and research that
furthers the NBRC's, and/or grantees', stakeholders', partners', etc.
understanding of the region's needs, capacity, or funding gaps as it
pertains to economic development as defined by the NBRC and expressly
noted in 40 U.S.C. 15501(a)
Approving and issuing grants to organization to provide
technical advice and grant administration assistance to organizations
(e.g., community and economic development entities who provide
technical and grant administration assistance to address lack of
capacity at State, regional and local levels), where such assistance is
independent of any implementation actions with potential environmental
effects.
8. Acquisition and installation of equipment including, but not
limited to, EMS, emergency and non- expendable medical equipment (e.g.,
digital imaging devices and dental equipment), and communications
equipment (e.g., computer upgrades).
Application of the CE will be limited to the following NBRC
activities:
Grants to support acquisition and installation of fiber
optic cable upgrades and other communications equipment within the
existing footprint of a building, vehicle, existing electrical or
communications infrastructure to improve broadband access;
Grants to support acquisition and installation of medical,
emergency, and communications equipment for medical
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facilities or emergency services within the existing footprint of a
building, on a structure, or within a vehicle;
Grants to support acquisition and installation of
equipment within the existing footprint of a building or within a
vehicle to support enhanced cellular access.
Grants to support acquisition and installation of
equipment for transportation and recreational infrastructure
improvements.
Grants to support acquisition and installation of
equipment for forestry management activities and production of forestry
products.
Grants to support acquisition and installation of
environmental monitoring equipment, such as weather stations.
B. Program Categorical Exclusions
Actions consistent with any of the following categories are, in the
absence of extraordinary circumstances, categorically excluded from
further analysis and documentation in an EA or EIS upon completion of
the Denali Commission CATEX checklist:
1. Upgrade, repair, maintenance, replacement, or minor renovations
and additions to buildings, roads, harbors and other maritime
facilities, grounds, equipment, and other facilities, including but not
limited to, roof replacement, foundation repair, ADA access ramp and
door improvements, weatherization and energy efficiency related
improvements, HVAC renovations, painting, floor system replacement,
repaving parking lots and ground maintenance, that do not result in a
change in the functional use of the real property.
Application of the CE will be limited to the following NBRC
activities, all of which would occur within the existing footprint of a
building or on adjacent disturbed land:
Grants to support renovation of health facilities to bring
them up to modern use standards;
Grants to support upgrades, maintenance, and repair of
existing transportation infrastructure (e.g., covered bridges)
including for the purpose of resiliency to changing local climate;
Grants to support connections to existing trails, for
example, from a city street to a bike path, and renovating tourist
destination hubs to ensure continued access to tourist centers in the
region where potential impacts of connections are documented and do not
substantially alter existing facilities, traffic patterns or other
existing infrastructure;
Grants to support upgrades, repair, maintenance,
replacement, minor renovations, or additions to existing buildings,
roads, harbors, and/or other maritime facilities to ensure continued
access for purposes of economic development and/or community access,
where the addition will not result in changes to the existing
functional use, and where any additions occur on adjacent previously
disturbed land.
2. Engineering studies and investigations that do not permanently
change the environment.
Application of the CE will be limited to the following NBRC
activities:
Grants to support improvement plans, rehabilitation
planning, climate resiliency planning and the like, for projects
including new water and wastewater infrastructure, outdoor recreation
trails, and transportation studies for airports and roadways, where
such assistance is independent of any implementation actions with
potential environmental effects and does not result in surface
disturbance.
3. Construction or lease of new infrastructure including, but not
limited to, healthcare facilities, community buildings, housing, and
bulk fuel storage and power generation plants, where such lease or
construction:
a. Is at the site of existing infrastructure and capacity is not
substantially increased; or
b. Is for infrastructure of less than 12,000 square feet of useable
space when less than two acres of surface land area are involved at a
new site.
Application of the CE will be limited to the following NBRC
activities, which would occur on previously disturbed land:
Grants for new infrastructure for healthcare facilities;
Grants for new infrastructure for childcare facilities;
Grants for new infrastructure for community buildings and
housing;
Grants for projects that upgrade or replace outdated power
generation technology;
Grants for water and wastewater infrastructure;
4. Construction or modification of electric power stations or
interconnection facilities (including, but not limited to, switching
stations and support facilities).
Application of the CE will be limited to the following NBRC
activities, which would occur on previously disturbed land:
Grants to support the construction or modification of new
or existing power stations and associated infrastructure in the region;
5. Construction of electric powerlines approximately ten miles in
length or less, or approximately 20 miles in length or less within
previously disturbed or developed powerline or pipeline rights-of-way.
Application of the CE will be limited to the following NBRC
activities:
Grants to support new powerlines to communities seeking
new connections or upgrades to existing infrastructure.
6. Demolition, disposal, or improvements involving buildings or
structures when done in accordance with applicable regulations,
including those regulations applying to removal of asbestos,
polychlorinated biphenyls (PCBs), and other hazardous materials.
Application of the CE will be limited to the following NBRC
activities, which would not involve the demolition of structures that
are listed on or eligible for listing on the National Register of
Historic Properties, or improvement activities outside the footprint of
the existing structure:
Grants to support demolition, disposal, or improvement of
buildings or structures to support economic development activities as
specified in 40 U.S.C. 15501(a).
III. Documentation of CE and Public Notice
The NBRC will document the use of the above CEs for each project to
which they are applied and will maintain this documentation in the
project's records in the NBRC's online file storage system. The CEs
will be documented in a ``Memorandum for Record'' format to stay
consistent across projects. NBRC annually provides required NEPA
dedicated training to our State, regional, and local partners, as well
as our grantees. NBRC's NEPA process, including all templates, guidance
documents, procedures, etc., are made available to the public on NBRC's
NEPA-dedicated web page.
IV. Consideration of Extraordinary Circumstances
If an agency determines that a CE covers a proposed action, the
agency must evaluate the proposed action for extraordinary
circumstances in which a normally excluded action may have a
significant effect. 40 CFR 1501.4(b). NBRC does not currently have its
own NEPA implementing procedures to guide its application of
extraordinary circumstances. Until NBRC establishes NEPA implementing
procedures, for purposes of considering extraordinary circumstances in
connection with the Denali Commission CEs discussed in this notice,
NBRC will consider whether the proposed action has the potential to
result in significant effects by
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considering the factors listed in the Denali Commission's definition of
extraordinary circumstances, including, but not limited to, a
reasonable likelihood of significant impacts on environmentally
sensitive resources; threatening a violation of a Federal, Tribal,
State, or local law or requirement imposed for the protection of the
environment; or disproportionate and adverse effects on communities
with environmental justice concerns. NBRC would analyze proposed
actions for the extraordinary circumstances in the Denali Commission's
NEPA implementing procedures and consistent with the CEQ NEPA
regulations. 45 CFR 900.204(c). NBRC will then assess whether an
extraordinary circumstance is present and if so, whether the CE may
nonetheless be applied, consistent with 40 CFR 1501.4(b) or any
successor regulation. If NBRC cannot apply a CE to a particular
proposed action due to extraordinary circumstances, NBRC will prepare
an EA or EIS, consistent with 40 CFR 1501.4(b)(2), or determine if the
action is covered under an existing NEPA document. NBRC will document
its consideration of extraordinary circumstances as part of the
Memorandum for Record discussed in Part III above.
IV. Consultation With the Denali Commission and Determination of
Appropriateness
NBRC worked with the Denali Commission to identify Denali
Commission CEs that could apply to NBRC proposed actions and began
consultation in September 2023. During this consultation, the agencies
discussed whether the categories of NBRC proposed actions would be
appropriately covered by the Denali Commission CEs; each Agency's
process for review of projects with respect to CEs; and the
extraordinary circumstances that NBRC should consider before applying
these CEs to NBRC's proposed actions. The consultation continued
through early November 2023, and consisted of detailed email exchanges
and virtual meetings with the Denali Commission's lead reviewer of
NEPA-related items.
At the conclusion of that process, the agencies determined that
NBRC's proposed use of the CEs as described in this notice would be
appropriate because the categories of actions for which NBRC plans to
use the CEs are covered by the Denali Commission CEs.
V. Conclusion
This notice documents adoption of the Denali Commission CEs listed
above in accordance with 42 U.S.C. 4336c(3), and they are available for
use by NBRC effective immediately.
Jonathan O'Rourke,
Senior Program Specialist.
[FR Doc. 2024-10615 Filed 5-14-24; 8:45 am]
BILLING CODE 6820-SZ-P