National Environmental Policy Act Implementing Procedures for the Bureau of Land Management (516 DM 11), 84928-84932 [2024-24738]
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Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Notices
he or she meets the minimum required
degree of Indian or Alaska Native blood.
Currently, the BIA certifies an
individual’s degree of Indian or Alaska
Native blood if the individual can
provide sufficient information to prove
his or her identity and prove his or her
descent from an Indian ancestor(s) listed
on historic documents approved by the
Secretary of the Interior that include
blood degree information. To obtain the
CDIB, the applicant must fill out an
application form and provide
supporting documents.
Title of Collection: Request for
Certificate of Degree of Indian or Alaska
Native Blood.
OMB Control Number: 1076–0153.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Individuals.
Total Estimated Number of Annual
Respondents: 100,000 per year, on
average.
Total Estimated Number of Annual
Responses: 100,000 per year, on average.
Estimated Completion Time per
Response: 1.5 hours.
Total Estimated Number of Annual
Burden Hours: 150,000.
Respondent’s Obligation: Required to
Obtain a Benefit.
Frequency of Collection: Once.
Total Estimated Annual Nonhour
Burden Cost: $2,500,000.
Authority
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Steven Mullen,
Information Collection Clearance Officer,
Office of Regulatory Affairs and Collaborative
Action—Indian Affairs.
[FR Doc. 2024–24581 Filed 10–23–24; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
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[BLM_HQ_FRN_MO4500180157]
National Environmental Policy Act
Implementing Procedures for the
Bureau of Land Management (516 DM
11)
Office of the Secretary, Interior.
Notice of revisions.
AGENCY:
ACTION:
This notice announces
revisions to the Bureau of Land
SUMMARY:
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Management’s (BLM) procedures for
compliance with the National
Environmental Policy Act (NEPA), as
amended, which remove four
administratively established categorical
exclusions (CXs) and incorporate two
CXs statutorily created by Congress.
DATES: The revisions are incorporated
into BLM’s NEPA procedures, located at
chapter 11 of part 516 of the
Departmental Manual (516 DM 11),
effective October 24, 2024.
ADDRESSES: The BLM’s NEPA
procedures can be found on the
Department of the Interior’s
(Department or Interior) Electronic
Library of Interior Policies (ELIPS) at:
https://www.doi.gov/sites/doi.gov/files/
elips/documents/516-dm-11_0.pdf.
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.
SUPPLEMENTARY INFORMATION: The
Department is revising the list of BLM
actions that are categorically excluded
from the requirement to complete an
environmental assessment (EA) or
environmental impact statement (EIS),
unless any extraordinary circumstances
exist that make application of the
categorical exclusion (CX) inappropriate
(42 U.S.C. 4336e(1); 40 CFR 1501.4(a);
1508.1(e)).1 The BLM’s NEPA
procedures, 516 DM 11, were last
updated December 10, 2020.
With this revision, the Department
removes four administrative CXs from
the BLM’s NEPA procedures due to
consideration of sound land
management, legal frameworks, and
other factors. The BLM is removing the
following CXs: 516 DM 11.9 C(10)
regarding the salvaging of dead and
dying trees; 516 DM 11.9 D(10)
1 On May 1, 2024, CEQ issued a final rule to
amend its NEPA implementing regulations, which
became effective July 1, 2024. 89 FR 35442 (May 1,
2024). The Department’s February 26, 2024, Federal
Register Notice seeking public comment on these
revisions predated the CEQ final rule and thus cited
to the CEQ regulations in effect at the time. 89 FR
14087 (Feb. 26, 2024). The Department has
determined that the amendments to the CEQ
regulations do not have a material impact on these
revisions, which comply with the requirements of
CEQ’s regulations both before and after the recent
amendments.
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regarding vegetation management
activities; 516 DM 11.9 D(11) regarding
issuance of livestock grazing permits or
leases; and 516 DM 11.9 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 sagegrouse habitats. The BLM previously
discontinued use of these four CXs
through instruction memoranda (IMs)
(available online at https://
www.blm.gov/policy/instructionmemorandum). The BLM discontinued
use of 516 DM 11.9 D(10) and 516 DM
11.9 D(11) on August 21, 2009, through
IM 2009–199; discontinued use of 516
DM 11.9 C(10) on August 3, 2022,
through permanent IM (PIM) 2022–010;
and discontinued use of 516 DM 11.9
J(1) on November 30, 2022, through PIM
2023–002. When proposing actions to
which these CXs would have applied,
the BLM now must assess whether
another CX applies or whether it will
prepare an EA or EIS.
The Department also is incorporating
two CXs statutorily created by Congress
in the Infrastructure Investment and
Jobs Act (Pub. L. 117–58) (IIJA) into the
BLM NEPA procedures. Section 11318
of the IIJA created a CX for issuance of
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 certain conditions described in
the statute. Section 40806 of the IIJA
created a CX for forest management
activities for the establishment of fuel
breaks in forests and other wildland
vegetation. Because these are statutory
CXs, the Department does not have the
discretion to change their terms.
However, before applying either of the
CXs, the BLM will evaluate the
proposed action for extraordinary
circumstances consistent with Section
40806 of the IIJA and 40 CFR 1501.4(b).
Comments on the Proposed Revisions
The proposed revisions to the BLM’s
NEPA procedures were available for
public review and comment for 30 days,
beginning with the publication of a
Federal Register notice on February 26,
2024 (89 FR 14087). The BLM received
33 comment submissions. Comments
were submitted by State and local
governments, interest groups, and
private citizens. The BLM received
comments both in support of and
opposition to the proposed revisions.
Some comments were beyond the scope
of the proposal to modify the BLM’s
NEPA procedures to add and remove
CXs and included critiques of the BLM’s
NEPA analysis and management of
livestock grazing as well as requests to
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coordinate on land use planning
decisions.
On behalf of the Department, the BLM
has summarized and provided
responses to all substantive comments
received in this Federal Register notice:
Comment: Commenters generally
support the removal of the identified
CXs from the BLM’s NEPA procedures.
Many commenters cited the need for
meaningful NEPA analysis and concerns
about improper reliance on CXs as
support for removing the CXs. For
example, some commenters supported
removing the grazing CXs from the
BLM’s NEPA procedures to require
more detailed NEPA analysis and public
comment on grazing decisions. Other
commenters cited specific resource
impacts they foresee resulting from the
activities proposed under the CXs, such
as potential adverse impacts related to
post-disturbance logging that might be
exacerbated by salvaging of dead and
dying trees.
Response: The BLM will continue to
conduct the appropriate NEPA review
for proposed Federal actions, including,
where appropriate, application of
available CXs, and public involvement,
as necessary. The BLM will
appropriately consider potential adverse
effects of the proposed activities
through the NEPA process whether that
is through an EA or EIS or consideration
of extraordinary circumstances in the
application of relevant CXs.
The Department retains the discretion
to consider establishing new CXs in the
future, including ones that would cover
activities similar to the ones covered by
the CXs that the Department is removing
through this notice. As required by
Council on Environmental Quality
(CEQ) regulations, the Department
would seek public comment and consult
with CEQ on any proposed revisions to
the BLM’s NEPA procedures, including
establishment of any new CXs. See 40
CFR 1507.3(b).
Comment: Some commenters
generally oppose the removal of the
identified CXs due to the loss of
efficiencies in the NEPA process and the
possibility of extended permitting
timelines. Commenters claim that
removal of these CXs will cause an
increase in the cost associated with
implementing activities covered by the
CX and has the potential to prevent the
BLM from managing public lands
consistent with the Federal Land Policy
and Management Act of 1976, as
amended (FLPMA).
Response: The BLM agrees that the
appropriate application of CXs can
create efficiencies in NEPA compliance.
Removal of the identified CXs does not
preclude the BLM from proposing and
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implementing the kinds of activities that
would have been covered by these CXs;
however, the BLM would need to
comply with NEPA in ways other than
relying on these CXs. The BLM
disagrees that removing these CXs will
prevent the BLM from complying with
FLPMA. The Department retains the
discretion to consider establishing new
CXs in the future, including ones that
would cover activities similar to the
ones covered by the CXs that the
Department is removing through this
notice.
Comment: Commenters are concerned
that the discontinuance of the four CXs
proposed for removal from the BLMs
NEPA procedures was completed
through internal guidance (instruction
memoranda) and did not include any
form of public comment. Commenters
also request more information on the
BLM’s rationale for the removal of the
CXs.
Response: An IM allows the BLM to
communicate internal policies and
procedures to the field. In contrast, the
process now completed by the
Department modifies the BLM’s NEPA
procedures, and has included
coordination with CEQ, publication of
proposed changes in the Federal
Register, and an opportunity for the
public to review and comment on those
proposed changes. Removal of these
CXs from the BLM NEPA procedures
does not preclude the BLM from
proposing or implementing the kinds of
activities that would have been covered
by these CXs; however, the BLM would
need to comply with NEPA in ways
other than relying on these CXs.
Comment: One commenter requested
that the proposed action of modifying
the NEPA procedures be consistent with
relevant State and county resource
management plans.
Response: The Department is not
making a land use planning decision
under section 202 of FLPMA, 43 U.S.C.
1712, which would require it to
consider consistency with State and
local government plans. Instead, the
Department is modifying NEPA
procedures, and has complied with
CEQ’s NEPA regulations at 40 CFR
1507.3(b) requiring consultation with
CEQ and following an opportunity for
public review and comment.
Comment: One commenter expressed
concern that the removal of these CXs
might discourage the BLM from
approving certain actions that States or
counties seek to encourage, including in
their resource management plans and
other policies.
Response: The removal of these CXs
from the BLM’s NEPA procedures does
not preclude the BLM from proposing
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and implementing any actions, though
when doing so, the BLM will need to
comply with NEPA through means other
than reliance on these CXs.
Comment: One commenter asserted
that the BLM is setting precedent by
basing the rationale for this decision on
a settlement agreement that occurred in
the U.S. District Court for the District of
Idaho.
Response: While the BLM agreed in
several stipulated settlement agreements
to discontinue relying on specific CXs
and to propose to remove specific CXs
from the agency’s NEPA procedures,
these stipulated settlement agreements
do not require the Department to update
BLM’s NEPA procedures. Instead,
having considered the requirements of
sound land management, legal
frameworks, and other factors—and
after considering public comments—the
Department is now revising BLM’s
NEPA procedures to remove the CXs.
Comment: Commenters suggested
revisions to the text of the CX
established by the IIJA section 11318
regarding sundry notices or right-of-way
for gathering lines and associated field
compression or pumping units on
Federal land servicing oil and gas wells.
Response: This is a statutorily created
CX; therefore, neither the Department
nor the BLM has the discretion to
change its terms.
Comment: Some commenters
confused the administratively
established CX at 516 DM 11.9 D(10),
which BLM is removing through this
notice, with the CX established by the
2015 National Defense Authorization
Act, Public Law 113–291 (Dec. 19, 2014)
for grazing permit and lease issuance in
certain circumstances, which is found at
516 DM 11.10 B and were concerned
that the Department proposed to remove
this legislative CX from the BLM’s
NEPA procedures. One commenter
requested a technical edit in 516 DM
11.9 D to refer to the legislative CX for
grazing permit renewal to help guide the
public.
Response: The legislative CX
established by the 2015 National
Defense Authorization Act, Public Law
113–291 (Dec. 19, 2014) is unchanged
and remains available for the BLM to
rely on as appropriate. Reference to that
legislative CX remains in the DM and is
not affected by the revisions to the
BLM’s NEPA procedures as outlined in
this Federal Register notice. The BLM
declines to make the suggested edit as
it is inconsistent with the format of the
DM.
Comment: Some commenters
disagreed with removal of the CX at 516
DM 11.9 D(10) regarding issuance of
livestock grazing permits or leases
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because the commenters want to retain
the ability to renew permits with the
same terms and conditions and they
assert that removal of the CX would
impede the ability of ranchers to
effectively manage rangelands.
Response: The BLM has several
potential options to consider when
conducting a NEPA review for livestock
grazing permit renewals
notwithstanding the removal of the two
CXs from the BLM’s NEPA procedures.
These options include reliance on a
legislative CX for grazing permit and
lease issuance in certain circumstances
that was established by the 2015
National Defense Authorization Act,
Public Law 113–291 (Dec. 19, 2014), if
appropriate. This legislative CX is
unchanged and remains available for the
BLM to rely on to support grazing
decisions, when appropriate. Reference
to that legislative CX remains in the
BLM’s NEPA procedures and is not
affected by the revisions as outlined in
this Federal Register notice. The
removal of 516 DM 11.9 D(10) from the
BLM’s NEPA procedures does not
preclude the BLM from proposing and
implementing these kinds of activities;
however, the BLM will need to comply
with NEPA using a means other than
reliance on this CX.
Comment: Commenters disagreed
with the proposal to remove the CX at
516 DM 11.9 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 sagegrouse habitats. Commenters expressed
concern that removal of the CX will
hinder efforts to manage land health and
reduce wildfire risks in sagebrushsteppe communities.
Response: The BLM does agree that
the activities included in the CX at 516
DM 11.9 J(1) can be useful in addressing
issues related to the management of
mule deer and sage grouse habitats. The
removal of 516 DM 11.9 J(1) from the
BLM’s NEPA procedures does not
preclude the BLM from proposing and
implementing these kinds of activities;
however, the BLM will need to comply
with NEPA using a means other than
reliance on this CX. For instance, some
activities that may have been proposed
for approval in reliance on this CX may
fall within the scope of the legislative
CX directed by the Agriculture
Improvement Act of 2018. This
legislatively directed CX covers similar
vegetation management activities
carried out for the protection,
restoration or improvement of greater
sage-grouse or mule deer habitat.
Comment: Commenters asserted a
connection between ongoing NEPA
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analysis for management of greater sagegrouse habitat and the removal or
retention of the vegetation management
CXs and would like the decision on the
CXs to be reserved until after the
planning effort for greater sage-grouse is
complete.
Response: The BLM notes that some
of the CXs removed could have
supported projects with the potential to
address issues related to greater sagegrouse habitat management; however,
removal of CXs from the BLM’s NEPA
procedures has no bearing on the land
use planning processes associated with
greater sage-grouse habitat management.
The NEPA analysis for the planning
effort does not make any assumptions
about the level of NEPA review needed
to support future activities that would
implement the land use plans, and
removal of these CXs will not impact
the effectiveness of the plan decisions.
Comment: Commenters disagree with
the proposed removal of the CX at 516
DM 11.9 C (10) regarding the salvaging
of dead and dying trees. Commenters
requested that the CX be retained to
allow efficient removal of dead and
dying trees to mitigate wildfire risk and
address forest health.
Response: BLM agrees that the kinds
of activities included in the CX at 516
DM 11.9 C(10) can be useful to address
wildfire risk and forest health issues.
The removal of 516 DM 11.9 C(10) from
the BLM’s NEPA procedures does not
preclude the BLM from proposing and
implementing these kinds of activities;
however, the BLM will need to comply
with NEPA using a means other than
reliance on this CX.
Amended Text for the Departmental
Manual
Below is the new text of 516 DM
Chapter 11, reflecting the addition of the
statutorily established CXs and deletion
of the administrative CXs:
*
*
*
*
*
11.9 Actions Eligible for a Categorical
Exclusion (CX)
*
*
*
*
*
*
*
*
(10) [Removed]
*
C. Forestry
*
D. Rangeland Management
*
*
*
*
(10) [Removed]
(11) [Removed]
*
*
*
*
*
*
J. [Reserved]
*
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*
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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 1508.1 for issuance of 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 40 CFR 1501.4(b) and 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; and
(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.
(B) Inclusions.—The term ‘‘gathering
line and associated field compression or
pumping unit’’ includes a pipeline 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—
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(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
(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—
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(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.
Application of this CX requires
extraordinary circumstances review
consistent with 40 CFR 1501.4(b), 36
CFR 220.6, and 43 CFR 46.215.
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
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84931
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
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84932
Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Notices
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,
May 24, 1977; and CEQ regulations (40 CFR
1500–1508)).
Stephen G. Tryon,
Director, Office of Environmental Policy and
Compliance.
[FR Doc. 2024–24738 Filed 10–23–24; 8:45 am]
BILLING CODE 4331–27–P
lotter on DSK11XQN23PROD with NOTICES1
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–990 (Fourth
Review)]
Non-Malleable Cast Iron Pipe Fittings
From China; Scheduling of an
Expedited Five-Year Review
International Trade
Commission.
AGENCY:
VerDate Sep<11>2014
17:56 Oct 23, 2024
Jkt 265001
ACTION:
Notice.
The Commission hereby gives
notice of the scheduling of an expedited
review pursuant to the Tariff Act of
1930 (‘‘the Act’’) to determine whether
revocation of the antidumping duty
order on non-malleable cast iron pipe
fittings from China would be likely to
lead to continuation or recurrence of
material injury within a reasonably
foreseeable time.
DATES: September 6, 2024.
FOR FURTHER INFORMATION CONTACT:
Kenneth Gatten III (202–708–1447),
Office of Investigations, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436.
Hearing-impaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
this proceeding may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On September 6, 2024,
the Commission determined that the
domestic interested party group
response to its notice of institution (89
FR 47610, June 3, 2024) of the subject
five-year review was adequate and that
the respondent interested party group
response was inadequate. The
Commission did not find any other
circumstances that would warrant
conducting a full review.1 Accordingly,
the Commission determined that it
would conduct an expedited review
pursuant to section 751(c)(3) of the Act
(19 U.S.C. 1675(c)(3)).2
For further information concerning
the conduct of this review and rules of
general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
Staff report.—A staff report
containing information concerning the
subject matter of the review has been
placed in the nonpublic record, and will
be made available to persons on the
SUMMARY:
1 A record of the Commissioners’ votes, the
Commission’s statement on adequacy, and any
individual Commissioner’s statements will be
available from the Office of the Secretary and at the
Commission’s website.
2 Commissioner David S. Johanson voted to
conduct a full review.
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
Administrative Protective Order service
list for this review on November 27,
2024. A public version will be issued
thereafter, pursuant to § 207.62(d)(4) of
the Commission’s rules.
Written submissions.—As provided in
§ 207.62(d) of the Commission’s rules,
interested parties that are parties to the
review and that have provided
individually adequate responses to the
notice of institution,3 and any party
other than an interested party to the
review may file written comments with
the Secretary on what determination the
Commission should reach in the review.
Comments are due on or before 5:15
p.m. on December 5, 2024 and may not
contain new factual information. Any
person that is neither a party to the fiveyear review nor an interested party may
submit a brief written statement (which
shall not contain any new factual
information) pertinent to the review by
December 5, 2024. However, should the
Department of Commerce (‘‘Commerce’’)
extend the time limit for its completion
of the final results of its review, the
deadline for comments (which may not
contain new factual information) on
Commerce’s final results is three
business days after the issuance of
Commerce’s results. If comments
contain business proprietary
information (BPI), they must conform
with the requirements of §§ 201.6,
207.3, and 207.7 of the Commission’s
rules. The Commission’s Handbook on
Filing Procedures, available on the
Commission’s website at https://
www.usitc.gov/documents/handbook_
on_filing_procedures.pdf, elaborates
upon the Commission’s procedures with
respect to filings.
In accordance with §§ 201.16(c) and
207.3 of the rules, each document filed
by a party to the review must be served
on all other parties to the review (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Determination.—The Commission has
determined this review is
extraordinarily complicated and
therefore has determined to exercise its
authority to extend the review period by
up to 90 days pursuant to 19 U.S.C.
1675(c)(5)(B).
Authority: This review is being
conducted under authority of title VII of
the Act; this notice is published
3 The Commission has found the responses
submitted on behalf of ASC Engineered Solutions,
LLC and Ward Manufacturing, LLC to be
individually adequate. Comments from other
interested parties will not be accepted (see 19 CFR
207.62(d)(2)).
E:\FR\FM\24OCN1.SGM
24OCN1
]]>Agencies
[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Notices]
[Pages 84928-84932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24738]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[BLM_HQ_FRN_MO4500180157]
National Environmental Policy Act Implementing Procedures for the
Bureau of Land Management (516 DM 11)
AGENCY: Office of the Secretary, Interior.
ACTION: Notice of revisions.
-----------------------------------------------------------------------
SUMMARY: This notice announces revisions to the Bureau of Land
Management's (BLM) procedures for compliance with the National
Environmental Policy Act (NEPA), as amended, which remove four
administratively established categorical exclusions (CXs) and
incorporate two CXs statutorily created by Congress.
DATES: The revisions are incorporated into BLM's NEPA procedures,
located at chapter 11 of part 516 of the Departmental Manual (516 DM
11), effective October 24, 2024.
ADDRESSES: The BLM's NEPA procedures can be found on the Department of
the Interior's (Department or Interior) Electronic Library of Interior
Policies (ELIPS) at: https://www.doi.gov/sites/doi.gov/files/elips/documents/516-dm-11_0.pdf.
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 Department is revising the list of BLM
actions that are categorically excluded from the requirement to
complete an environmental assessment (EA) or environmental impact
statement (EIS), unless any extraordinary circumstances exist that make
application of the categorical exclusion (CX) inappropriate (42 U.S.C.
4336e(1); 40 CFR 1501.4(a); 1508.1(e)).\1\ The BLM's NEPA procedures,
516 DM 11, were last updated December 10, 2020.
---------------------------------------------------------------------------
\1\ On May 1, 2024, CEQ issued a final rule to amend its NEPA
implementing regulations, which became effective July 1, 2024. 89 FR
35442 (May 1, 2024). The Department's February 26, 2024, Federal
Register Notice seeking public comment on these revisions predated
the CEQ final rule and thus cited to the CEQ regulations in effect
at the time. 89 FR 14087 (Feb. 26, 2024). The Department has
determined that the amendments to the CEQ regulations do not have a
material impact on these revisions, which comply with the
requirements of CEQ's regulations both before and after the recent
amendments.
---------------------------------------------------------------------------
With this revision, the Department removes four administrative CXs
from the BLM's NEPA procedures due to consideration of sound land
management, legal frameworks, and other factors. The BLM is removing
the following CXs: 516 DM 11.9 C(10) regarding the salvaging of dead
and dying trees; 516 DM 11.9 D(10) regarding vegetation management
activities; 516 DM 11.9 D(11) regarding issuance of livestock grazing
permits or leases; and 516 DM 11.9 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. The BLM previously discontinued use of these four CXs
through instruction memoranda (IMs) (available online at https://www.blm.gov/policy/instruction-memorandum). The BLM discontinued use of
516 DM 11.9 D(10) and 516 DM 11.9 D(11) on August 21, 2009, through IM
2009-199; discontinued use of 516 DM 11.9 C(10) on August 3, 2022,
through permanent IM (PIM) 2022-010; and discontinued use of 516 DM
11.9 J(1) on November 30, 2022, through PIM 2023-002. When proposing
actions to which these CXs would have applied, the BLM now must assess
whether another CX applies or whether it will prepare an EA or EIS.
The Department also is incorporating two CXs statutorily created by
Congress in the Infrastructure Investment and Jobs Act (Pub. L. 117-58)
(IIJA) into the BLM NEPA procedures. Section 11318 of the IIJA created
a CX for issuance of 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 certain conditions described in the
statute. Section 40806 of the IIJA created a CX for forest management
activities for the establishment of fuel breaks in forests and other
wildland vegetation. Because these are statutory CXs, the Department
does not have the discretion to change their terms. However, before
applying either of the CXs, the BLM will evaluate the proposed action
for extraordinary circumstances consistent with Section 40806 of the
IIJA and 40 CFR 1501.4(b).
Comments on the Proposed Revisions
The proposed revisions to the BLM's NEPA procedures were available
for public review and comment for 30 days, beginning with the
publication of a Federal Register notice on February 26, 2024 (89 FR
14087). The BLM received 33 comment submissions. Comments were
submitted by State and local governments, interest groups, and private
citizens. The BLM received comments both in support of and opposition
to the proposed revisions. Some comments were beyond the scope of the
proposal to modify the BLM's NEPA procedures to add and remove CXs and
included critiques of the BLM's NEPA analysis and management of
livestock grazing as well as requests to
[[Page 84929]]
coordinate on land use planning decisions.
On behalf of the Department, the BLM has summarized and provided
responses to all substantive comments received in this Federal Register
notice:
Comment: Commenters generally support the removal of the identified
CXs from the BLM's NEPA procedures. Many commenters cited the need for
meaningful NEPA analysis and concerns about improper reliance on CXs as
support for removing the CXs. For example, some commenters supported
removing the grazing CXs from the BLM's NEPA procedures to require more
detailed NEPA analysis and public comment on grazing decisions. Other
commenters cited specific resource impacts they foresee resulting from
the activities proposed under the CXs, such as potential adverse
impacts related to post-disturbance logging that might be exacerbated
by salvaging of dead and dying trees.
Response: The BLM will continue to conduct the appropriate NEPA
review for proposed Federal actions, including, where appropriate,
application of available CXs, and public involvement, as necessary. The
BLM will appropriately consider potential adverse effects of the
proposed activities through the NEPA process whether that is through an
EA or EIS or consideration of extraordinary circumstances in the
application of relevant CXs.
The Department retains the discretion to consider establishing new
CXs in the future, including ones that would cover activities similar
to the ones covered by the CXs that the Department is removing through
this notice. As required by Council on Environmental Quality (CEQ)
regulations, the Department would seek public comment and consult with
CEQ on any proposed revisions to the BLM's NEPA procedures, including
establishment of any new CXs. See 40 CFR 1507.3(b).
Comment: Some commenters generally oppose the removal of the
identified CXs due to the loss of efficiencies in the NEPA process and
the possibility of extended permitting timelines. Commenters claim that
removal of these CXs will cause an increase in the cost associated with
implementing activities covered by the CX and has the potential to
prevent the BLM from managing public lands consistent with the Federal
Land Policy and Management Act of 1976, as amended (FLPMA).
Response: The BLM agrees that the appropriate application of CXs
can create efficiencies in NEPA compliance. Removal of the identified
CXs does not preclude the BLM from proposing and implementing the kinds
of activities that would have been covered by these CXs; however, the
BLM would need to comply with NEPA in ways other than relying on these
CXs. The BLM disagrees that removing these CXs will prevent the BLM
from complying with FLPMA. The Department retains the discretion to
consider establishing new CXs in the future, including ones that would
cover activities similar to the ones covered by the CXs that the
Department is removing through this notice.
Comment: Commenters are concerned that the discontinuance of the
four CXs proposed for removal from the BLMs NEPA procedures was
completed through internal guidance (instruction memoranda) and did not
include any form of public comment. Commenters also request more
information on the BLM's rationale for the removal of the CXs.
Response: An IM allows the BLM to communicate internal policies and
procedures to the field. In contrast, the process now completed by the
Department modifies the BLM's NEPA procedures, and has included
coordination with CEQ, publication of proposed changes in the Federal
Register, and an opportunity for the public to review and comment on
those proposed changes. Removal of these CXs from the BLM NEPA
procedures does not preclude the BLM from proposing or implementing the
kinds of activities that would have been covered by these CXs; however,
the BLM would need to comply with NEPA in ways other than relying on
these CXs.
Comment: One commenter requested that the proposed action of
modifying the NEPA procedures be consistent with relevant State and
county resource management plans.
Response: The Department is not making a land use planning decision
under section 202 of FLPMA, 43 U.S.C. 1712, which would require it to
consider consistency with State and local government plans. Instead,
the Department is modifying NEPA procedures, and has complied with
CEQ's NEPA regulations at 40 CFR 1507.3(b) requiring consultation with
CEQ and following an opportunity for public review and comment.
Comment: One commenter expressed concern that the removal of these
CXs might discourage the BLM from approving certain actions that States
or counties seek to encourage, including in their resource management
plans and other policies.
Response: The removal of these CXs from the BLM's NEPA procedures
does not preclude the BLM from proposing and implementing any actions,
though when doing so, the BLM will need to comply with NEPA through
means other than reliance on these CXs.
Comment: One commenter asserted that the BLM is setting precedent
by basing the rationale for this decision on a settlement agreement
that occurred in the U.S. District Court for the District of Idaho.
Response: While the BLM agreed in several stipulated settlement
agreements to discontinue relying on specific CXs and to propose to
remove specific CXs from the agency's NEPA procedures, these stipulated
settlement agreements do not require the Department to update BLM's
NEPA procedures. Instead, having considered the requirements of sound
land management, legal frameworks, and other factors--and after
considering public comments--the Department is now revising BLM's NEPA
procedures to remove the CXs.
Comment: Commenters suggested revisions to the text of the CX
established by the IIJA section 11318 regarding sundry notices or
right-of-way for gathering lines and associated field compression or
pumping units on Federal land servicing oil and gas wells.
Response: This is a statutorily created CX; therefore, neither the
Department nor the BLM has the discretion to change its terms.
Comment: Some commenters confused the administratively established
CX at 516 DM 11.9 D(10), which BLM is removing through this notice,
with the CX established by the 2015 National Defense Authorization Act,
Public Law 113-291 (Dec. 19, 2014) for grazing permit and lease
issuance in certain circumstances, which is found at 516 DM 11.10 B and
were concerned that the Department proposed to remove this legislative
CX from the BLM's NEPA procedures. One commenter requested a technical
edit in 516 DM 11.9 D to refer to the legislative CX for grazing permit
renewal to help guide the public.
Response: The legislative CX established by the 2015 National
Defense Authorization Act, Public Law 113-291 (Dec. 19, 2014) is
unchanged and remains available for the BLM to rely on as appropriate.
Reference to that legislative CX remains in the DM and is not affected
by the revisions to the BLM's NEPA procedures as outlined in this
Federal Register notice. The BLM declines to make the suggested edit as
it is inconsistent with the format of the DM.
Comment: Some commenters disagreed with removal of the CX at 516 DM
11.9 D(10) regarding issuance of livestock grazing permits or leases
[[Page 84930]]
because the commenters want to retain the ability to renew permits with
the same terms and conditions and they assert that removal of the CX
would impede the ability of ranchers to effectively manage rangelands.
Response: The BLM has several potential options to consider when
conducting a NEPA review for livestock grazing permit renewals
notwithstanding the removal of the two CXs from the BLM's NEPA
procedures. These options include reliance on a legislative CX for
grazing permit and lease issuance in certain circumstances that was
established by the 2015 National Defense Authorization Act, Public Law
113-291 (Dec. 19, 2014), if appropriate. This legislative CX is
unchanged and remains available for the BLM to rely on to support
grazing decisions, when appropriate. Reference to that legislative CX
remains in the BLM's NEPA procedures and is not affected by the
revisions as outlined in this Federal Register notice. The removal of
516 DM 11.9 D(10) from the BLM's NEPA procedures does not preclude the
BLM from proposing and implementing these kinds of activities; however,
the BLM will need to comply with NEPA using a means other than reliance
on this CX.
Comment: Commenters disagreed with the proposal to remove the CX at
516 DM 11.9 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. Commenters
expressed concern that removal of the CX will hinder efforts to manage
land health and reduce wildfire risks in sagebrush-steppe communities.
Response: The BLM does agree that the activities included in the CX
at 516 DM 11.9 J(1) can be useful in addressing issues related to the
management of mule deer and sage grouse habitats. The removal of 516 DM
11.9 J(1) from the BLM's NEPA procedures does not preclude the BLM from
proposing and implementing these kinds of activities; however, the BLM
will need to comply with NEPA using a means other than reliance on this
CX. For instance, some activities that may have been proposed for
approval in reliance on this CX may fall within the scope of the
legislative CX directed by the Agriculture Improvement Act of 2018.
This legislatively directed CX covers similar vegetation management
activities carried out for the protection, restoration or improvement
of greater sage-grouse or mule deer habitat.
Comment: Commenters asserted a connection between ongoing NEPA
analysis for management of greater sage-grouse habitat and the removal
or retention of the vegetation management CXs and would like the
decision on the CXs to be reserved until after the planning effort for
greater sage-grouse is complete.
Response: The BLM notes that some of the CXs removed could have
supported projects with the potential to address issues related to
greater sage-grouse habitat management; however, removal of CXs from
the BLM's NEPA procedures has no bearing on the land use planning
processes associated with greater sage-grouse habitat management. The
NEPA analysis for the planning effort does not make any assumptions
about the level of NEPA review needed to support future activities that
would implement the land use plans, and removal of these CXs will not
impact the effectiveness of the plan decisions.
Comment: Commenters disagree with the proposed removal of the CX at
516 DM 11.9 C (10) regarding the salvaging of dead and dying trees.
Commenters requested that the CX be retained to allow efficient removal
of dead and dying trees to mitigate wildfire risk and address forest
health.
Response: BLM agrees that the kinds of activities included in the
CX at 516 DM 11.9 C(10) can be useful to address wildfire risk and
forest health issues. The removal of 516 DM 11.9 C(10) from the BLM's
NEPA procedures does not preclude the BLM from proposing and
implementing these kinds of activities; however, the BLM will need to
comply with NEPA using a means other than reliance on this CX.
Amended Text for the Departmental Manual
Below is the new text of 516 DM Chapter 11, reflecting the addition
of the statutorily established CXs and deletion of the administrative
CXs:
* * * * *
11.9 Actions Eligible for a Categorical Exclusion (CX)
* * * * *
C. Forestry
* * * * *
(10) [Removed]
D. Rangeland Management
* * * * *
(10) [Removed]
(11) [Removed]
* * * * *
J. [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 1508.1 for
issuance of 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 40
CFR 1501.4(b) and 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; and
(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.
(B) Inclusions.--The term ``gathering line and associated field
compression or pumping unit'' includes a pipeline 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--
[[Page 84931]]
(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
(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.
Application of this CX requires extraordinary circumstances review
consistent with 40 CFR 1501.4(b), 36 CFR 220.6, and 43 CFR 46.215.
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
[[Page 84932]]
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, May 24, 1977; and CEQ regulations (40 CFR
1500-1508)).
Stephen G. Tryon,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2024-24738 Filed 10-23-24; 8:45 am]
BILLING CODE 4331-27-P
