Adoption of Categorical Exclusions Under Section 109 of the National Environmental Policy Act, 79228-79229 [2024-22154]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service

[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79228-79229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22154]


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DEPARTMENT OF AGRICULTURE

Forest Service


Adoption of Categorical Exclusions Under Section 109 of the 
National Environmental Policy Act

AGENCY: Forest Service, Agriculture (USDA).

ACTION: Notice of adoption of multiple categorical exclusions from the 
Department of the Interior, United States Geological Survey.

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SUMMARY: The U.S. Department of Agriculture, Forest Service, is 
adopting multiple categorical exclusions from the Department of the 
Interior, United States Geological Survey (USGS) listed at 516 
Departmental Manual 9.5 B, G, H, I, K, and P pursuant to section 109 of 
the National Environmental Policy Act for future application to Forest 
Service decisions concerning land management activities that are 
similar in nature. This notice describes the categories and 
consultation between the agencies.

DATES: The categorical exclusion adoptions take effect on September 27, 
2024.

FOR FURTHER INFORMATION CONTACT: Andrea Pahlevanpour, Assistant 
Director, Forest Service, Ecosystem Management Coordination, by phone 
at 771-216-0229 or via email to [email protected].
    Individuals who use telecommunications devices for the hearing 
impaired may call 711 to reach the Telecommunications Relay Service, 24 
hours a day, every day of the year, including holidays.

SUPPLEMENTARY INFORMATION:

I. National Environmental Policy Act and Categorical Exclusions

    The National Environmental Policy Act (NEPA) (42 U.S.C. 4321-4347), 
as amended, requires all Federal agencies to consider the environmental 
impact of their proposed actions before deciding whether and how to 
proceed (42 U.S.C. 4321, 4332). The aims of NEPA are to ensure that 
agencies consider the potential environmental effects of their proposed 
actions in their decision-making processes and inform and involve the 
public in that process (42 U.S.C. 4332). NEPA created the Council on 
Environmental Quality, which promulgated NEPA implementing regulations 
at 40 Code of Federal Regulations (CFR) parts 1500 through 1508 
(Council on Environmental Quality regulations).
    To comply with NEPA, agencies determine the appropriate level of 
review for a proposed action. Where required, these levels of review 
may be documented in an environmental impact statement (EIS), an 
environmental assessment (EA), or by reliance on a categorical 
exclusion (CE) (40 CFR 1501.3). If a proposed action is likely to have 
significant environmental effects, the agency will prepare an EIS and 
document its decision in a record of decision (40 CFR 1502, 1505.2). If 
the proposed action is not likely to have significant environmental 
effects or where the level of significance is unknown, the agency will 
prepare an EA, which involves a more concise analysis and process than 
an EIS (40 CFR 1501.5). Following preparation of an EA, the agency may 
reach a finding of no significant impact if the analysis shows that the 
action will have no significant effects (40 CFR 1501.6). If, following 
preparation of an EA, the agency finds that the proposed action will 
have significant effects, it will prepare an EIS before issuing any 
decision to authorize the action (40 CFR 1501.6(a)(3)).
    Under NEPA and the Council on Environmental Quality's implementing 
regulations, a Federal agency can establish CEs--categories of actions 
that the agency has determined normally do not significantly affect the 
quality of the human environment--in its agency NEPA procedures 42 
U.S.C. 4336(e)(1); 40 CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d). If an 
agency determines that a CE covers a proposed action, the agency then 
evaluates the proposed action for any extraordinary circumstances in 
which a normally excluded action may have a significant effect (40 CFR 
1501.4(b)). Responsible officials in the Forest Service evaluate 
proposed actions for extraordinary circumstances in accordance with the 
Forest Service's NEPA implementing regulations at 36 CFR 220.6. If no 
extraordinary circumstances are found or if further analysis determines 
that the extraordinary circumstances do not involve the potential for 
significant environmental impacts, the agency may rely on the CE to 
approve the proposed action without preparing an EA or an EIS (42 
U.S.C. 4336(a)(2); 40 CFR 1501.4). If extraordinary circumstances 
exist, the agency may nonetheless categorically exclude the proposed 
action if it determines that there are means to avoid the impacts or 
otherwise modify the action sufficient to avoid significant effects (40 
CFR 1501.4(b)(1)).
    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. 4336c). To adopt another agency's categorical exclusion 
under section 109, the adopting agency: (1) identifies the relevant 
categorical exclusion listed in another agency's (``establishing 
agency'') NEPA procedures ``that covers a category of proposed actions 
or related actions''; (2) consults with the establishing agency ``to 
ensure that the proposed adoption of the categorical exclusion for a 
category of actions is appropriate''; (3) ``identifies to the public 
the categorical exclusion that the [adopting] agency plans to use for 
its proposed actions''; and (4) ``documents adoption of the categorical 
exclusion'' (see 42 U.S.C. 4336c).
    The Forest Service's NEPA procedures are found at 36 CFR 220. These 
procedures address compliance with NEPA. The Forest Service maintains a 
list of categorical exclusions available at 36 CFR 220.6. Additional 
NEPA policy is found in the Forest Service Handbook 1909.15, chapter 
10.
    This notice documents the Forest Service's adoption of the USGS 
categorical exclusions 516 Departmental Manual 9.5 B, G, H, I, K, and 
P.

II. Additional Considerations Related to Forest Service Categorical 
Exclusions

1. Decision Memo

    The Forest Service requires at 36 CFR 220.6(e) that, ``A supporting 
record is required and the decision to proceed must be documented in a 
decision memo for the categories of action in paragraphs (e)(1) through 
(25) of this section.'' For all the categorical exclusions (CEs) 
adopted in this notice, the Forest Service will require a

[[Page 79229]]

decision memo even if the originating agency's NEPA procedures do not 
require it.

2. Extraordinary Circumstances

    Forest Service NEPA regulations state that a CE may only be applied 
``if there are no extraordinary circumstances related to the proposed 
action'' and if the proposed action is within a CE listed within a 
category as specified in regulations (36 CFR 220.6(a)). Forest Service 
NEPA regulations list seven resource conditions that ``should be 
considered in determining whether extraordinary circumstances related 
to a proposed action warrant further analysis and documentation in an 
EA or an EIS'' (36 CFR 220.6(b)).
    For the CEs adopted from USGS and described in this notice, the 
Forest Service will also apply the Department of the Interior's 
extraordinary circumstances criteria set forth in 43 CFR 46.215(a) 
through (l), which are slightly different from the Forest Service's 
resource conditions that should be considered in evaluating 
extraordinary circumstances.

III. Consultation With USGS on Categorical Exclusion Adoption

    In June 2024 the Forest Service conducted consultation with the 
USGS on adoption of their CEs 516 Departmental Manual 9.5 B, G, H, I, 
K, and P. The USGS and Forest Service consultation included a review of 
USGS experience developing and applying the CEs, as well as the types 
of actions for which Forest Service plans to utilize the CEs. The 
Forest Service actions would be similar to the type of projects for 
which USGS has applied the CEs and therefore the effects of Forest 
Service projects will be similar to the effects of USGS projects, which 
are not significant, absent extraordinary circumstances. Therefore, the 
Forest Service has determined that its proposed use of USGS CEs as 
described in this notice is appropriate.

IV. Identification of USGS Categorical Exclusions

    B. Collection of data and samples for geologic, palaeontologic, 
hydrologic, mineralogic, geochemical and surface or subsurface 
geophysical investigations, and resource evaluation, including 
contracts therefor.
    G. Test or exploration drilling and downhole testing, including 
contracts therefor.
    H. Establishment of survey marks, placement and operation of field 
instruments, and installation of any research/monitoring devices.
    I. Digging and subsequent site restoration of exploratory trenches 
not to exceed one acre of surface disturbance.
    K. Off-road travel to drilling, data collection or observation 
sites which does not impact ecologically sensitive areas such as 
wilderness areas, wetlands, or areas of critical habitat for listed 
endangered or threatened species.
    P. Minor activities required to gain or prepare access to sites 
selected for completion of exploration drilling operations or 
construction of stations for hydrologic, geologic, or geophysical data 
collection.

    Dated: September 23, 2024.
Jacqueline Emanuel,
Associate Deputy Chief, National Forest System.
[FR Doc. 2024-22154 Filed 9-26-24; 8:45 am]
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