Adoption of National Oceanographic and Atmospheric Administration Categorical Exclusion Pursuant to a Section of the National Environmental Policy Act (NEPA), 46868-46869 [2024-11865]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46868-46869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11865]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Adoption of National Oceanographic and Atmospheric Administration 
Categorical Exclusion Pursuant to a Section of the National 
Environmental Policy Act (NEPA)

AGENCY: Defense Advanced Research Projects Agency (DARPA), Department 
of Defense (DoD).

ACTION: Notice of adoption of the National Oceanic and Atmospheric 
Administration (NOAA) categorical exclusion for habitat restoration.

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SUMMARY: DARPA is adopting the NOAA categorical exclusion C1 for the 
restoration of coral reefs in south Florida. This notice describes the 
proposed action for which DARPA intends to use the NOAA categorical 
exclusion and details the consultation between the agencies.

DATES: This action is effective May 30, 2024.

FOR FURTHER INFORMATION CONTACT: Dr. Catherine Campbell, 703-526-2044 
(Voice), [email protected] (Email).

SUPPLEMENTARY INFORMATION:

I. Background

National Environmental Policy Act and Categorical Exclusions

    NEPA, 42 U.S.C. 4321-4347 requires all Federal agencies to assess 
the environmental impacts of their actions. Congress enacted NEPA 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. NEPA seeks to ensure agencies 
consider the environmental effects of their proposed 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 Code of Federal 
Regulations (CFR) parts 1500 through 1508 (CEQ regulations).
    To comply with NEPA, agencies determine the appropriate level of 
review--an Environmental Impact Statement (EIS), Environmental 
Assessment (EA), or categorical exclusion. (42 U.S.C. 4336). 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. Id. If the proposed action is not likely to have significant 
environmental effects or the effects are unknown, the agency may 
instead prepare an EA, which involves a more concise analysis and 
process than an EIS. Id.
    Following the EA, the agency may conclude the process with a 
finding of no significant impact if the analysis shows that the action 
will have no significant effects. If the analysis in the EA finds that 
the action is likely to have significant effects, however, then an EIS 
is required.
    Under NEPA and the CEQ regulations, a Federal agency may establish 
in its NEPA implementing procedures categorical exclusions, which are 
categories of actions the agency has determined normally do not 
significantly affect the quality of the human environment. (40 CFR 
1501.4, 1507.3(e)(2)(ii), 1508.1(d)). If an agency determines that a 
categorical exclusion 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 impacts, the agency may apply 
the categorical exclusion to the proposed action without preparing an 
EA or EIS. (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.
    Section 109 of NEPA, enacted as part of the Fiscal Responsibility 
Act of 2023, allows a Federal agency to adopt a categorical exclusion 
listed in another agency's NEPA procedures for a category of proposed 
agency actions for which the categorical exclusion was established (42 
U.S.C. 4336(c)). To adopt another agency's categorical exclusion under 
Section 109, an agency must identify the relevant categorical exclusion 
listed in that agency's (``establishing agency'') NEPA procedures that 
cover its category of proposed actions or related actions; consult with 
the establishing agency to ensure that the proposed adoption of the 
categorical exclusion to a category of actions is appropriate; identify 
to the public the categorical exclusion that the agency plans to use 
for its proposed actions; and document adoption of the categorical 
exclusion. Id. This notice documents DARPA's adoption of NOAA's 
categorical exclusion under Section 109 of NEPA.

[[Page 46869]]

II. Identification of the Categorical Exclusion

    NOAA's categorical exclusion, C1, for habitat restoration actions 
is codified in NOAA's procedures for implementing NEPA (https://www.noaa.gov/sites/default/files/2021-10/NOAA-NAO-216-6A-Companion-Manual-03012018%20%281%29.pdf) and related authorities, as contained in 
the Companion Manual to NOAA Administrative Order NAO 2-16-6A. The text 
of categorical exclusion C-1 is as follows, ``Habitat restoration 
actions, provided that such action: (1) transplants only organisms 
currently or formerly present at the site or in its immediate vicinity 
(if transplant is a component of the action); (2) does not require 
substantial placement of fill or dredging; (3) does not involve any 
removal of debris, excavation, or conditioning of soils unless such 
removal of debris, excavation, or conditioning of soils is 
geographically limited to the impact area such that site conditions 
will not impede or negatively alter natural processes, is in compliance 
with all permit and disposal requirements, and will not impact critical 
aquifers or recharge areas; and (4) does not involve an added risk of 
human or environmental exposure to toxic or hazardous substances, 
pathogens, or radioactive materials. Notes: If applicable, limitations 
and mitigation measures identified in the NOAA Restoration Center 
Programmatic Environmental Impact Statement for Habitat Restoration 
Actions must be followed. This CE includes, but is not limited to, 
response or restoration actions under CERLCA, OPA, or NMSA, if such 
actions help to restore an ecosystem, habitat, biotic community, or 
population of living resources to a determinable pre-impact condition 
prior to the incident leading to the response or restoration.''

Proposed Action

    DARPA proposes to deploy and field test ecological engineering and 
biological adaptation strategies for corals in south Florida that have 
been tested in laboratory settings. The need to field test these 
strategies is to determine the best methods for coral translocation 
that will maximize wave attenuation, promote coral growth, mimic 
natural reef building and self-repair, increase the adaptive capacity 
of coral, and provide for long-term resiliency of the artificial reef 
that will be a part of DARPA's Reefense program in south Florida.

III. Consideration of Extraordinary Circumstances

    If an agency determines that a categorical exclusion 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)). DARPA does not currently 
have its own NEPA implementing procedures to guide its application of 
extraordinary circumstances. Until DARPA establishes NEPA implementing 
procedures, for purposes of considering extraordinary circumstances in 
connection with the NOAA categorical exclusion discussed in this 
notice, DARPA has considered whether the proposed action has the 
potential to result in significant effects. DARPA has assessed 
extraordinary circumstances and determined they are not present.

IV. Consultation With NOAA and Determination of Appropriateness

    DARPA and NOAA consulted on the appropriateness of DARPA's adoption 
of the categorical exclusion. This consultation included a review of 
NOAA's experience applying the categorical exclusion and the proposed 
action for which DARPA plans to utilize it. Following this consultation 
and review, DARPA has determined that the impacts of the proposed 
action to deploy and field test ecological engineering and biological 
adaptation strategies for corals that have been tested in laboratory 
settings are similar to the impacts, which are not significant, of 
projects for which NOAA may apply the categorical exclusion. 
Additionally, DARPA determined that there are no extraordinary 
circumstances. Therefore, DARPA has determined that its proposed use of 
NOAA's categorical exclusion C1, as described within this notice, would 
be appropriate.

Notice to the Public and Documentation of Adoption

    This notice documents adoption of the NOAA categorical exclusion 
listed above and is available for use by DARPA, effective immediately.

    Dated: May 22, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-11865 Filed 5-29-24; 8:45 am]
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