Notice of Adoption of U.S. Department of Agriculture Farm Service Agency Categorical Exclusions Pursuant to Section 109 of the National Environmental Policy Act, 95810-95812 [2024-28293]
Download as PDF
<![CDATA[
95810
Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices
HUD upon HUD’s request no later than
five business days after the date of the
request, or within another timeframe
prescribed by HUD. Mortgagees that
elect to submit electronic PC Documents
for a subordinate mortgage must
continue to process all future PC
Documents electronically, for the
duration of the Demonstration, unless a
particular mortgage property is located
in a jurisdiction where the use of digital
documents is prohibited.
C. Goals
The main goal of the Demonstration is
to reduce the costs and burdens for
mortgagees associated with the mailing
and tracking of original PC Documents.
The Demonstration is also intended to
reduce the incidence of original PC
Documents being lost during delivery,
as when this occurs mortgagees have to
obtain and resubmit replacements and
borrowers have to re-execute lost
documents. In addition, it is intended to
reduce the amount of mortgagee
reimbursement to HUD in connection
with lost PC Documents. Finally, the
Demonstration is also intended to
reduce HUD’s costs related to the
retention of original PC Documents and
to enhance HUD’s ability to conduct
servicing and debt collection activities
associated with partial claims.
D. Participating Mortgagees
Mortgagee participation in the
Demonstration is voluntary. HUD will
allow all mortgagees to participate in
the Demonstration, where state and
local law permits. The actions the
participating mortgagees will take
related to the submission of electronic
PC Documents and the retention of
original PC Documents will be
performed without any expectation of
compensation. If a mortgagee does not
adhere to the requirements of the
Demonstration, they may be removed
from participation in the Demonstration.
lotter on DSK11XQN23PROD with NOTICES1
III. Impacted Regulations
For the duration of the
Demonstration, participating mortgagees
will not adhere to the 24 CFR 203.371(d)
requirements to submit original PC
Documents to HUD within certain
prescribed timeframes. Failure to submit
original PC Documents within these
timeframes will not result in mortgagees
having to reimburse HUD for the full
amount of the partial claim or any
partial claim incentive fee, so long as
electronic copies of the PC Documents
were submitted within the required
timeframes and original PC Documents
are delivered to HUD, upon HUD’s
request, within the required timeframe.
VerDate Sep<11>2014
17:09 Dec 02, 2024
Jkt 265001
IV. Evaluating the Success of the
Demonstration
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
At the conclusion of the
Demonstration, HUD will assess its
success, determine whether to
implement the Demonstration’s PC
Documents submission and retention
processes on a permanent basis, and
identify any additional changes that
may be needed to implement those
processes. In conducting this
evaluation, HUD will assess such factors
as whether the Demonstration
processes: (1) reduce the costs and
burdens for mortgagees associated with
delivering original PC Documents to
HUD, (2) reduce the number of lost
original PC Documents, (3) reduce the
costs and burdens for HUD associated
with the retention of original PC
Documents, (4) enhance HUD’s ability
to conduct servicing and debt collection
activities associated with partial claims,
and (5) allow for the assessment of risk
to HUD’s partial claim recoveries and
FHA’s Mutual Mortgage Insurance
Fund.
[Docket No. FR–6492–N–01]
V. Solicitation of Public Comments
In accordance with 24 CFR part 10
and section 470 of the Housing and
Urban-Rural Recovery Act of 1983 (42
U.S.C. 3542), HUD is seeking comment
on the Demonstration in this Federal
Register notice for 60 days of public
comment. The public comment period
will give HUD the opportunity to
consider submitted comments and to be
in a position to commence
implementation of the Demonstration
following the conclusion of the 60-day
comment period and publication of an
additional notice announcing the
Demonstration start date. HUD will fully
evaluate submitted comments before the
Demonstration commences and may
modify the design of the Demonstration.
If HUD decides to make any changes to
the Demonstration, HUD will provide
separate notice to the public prior to
commencing the Demonstration.
Julia R. Gordon,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2024–28298 Filed 12–2–24; 8:45 am]
BILLING CODE 4210–67–P
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
Notice of Adoption of U.S. Department
of Agriculture Farm Service Agency
Categorical Exclusions Pursuant to
Section 109 of the National
Environmental Policy Act
Office of the Secretary, HUD.
Notice.
AGENCY:
ACTION:
HUD has identified
categorical exclusions (CEs) to the
National Environmental Policy Act
(NEPA) established by the U.S.
Department of Agriculture—Farm
Service Agency (USDA–FSA) that cover
categories of actions that HUD proposes
to adopt. This notice identifies the
USDA–FSA CEs and HUD’s categories
of proposed actions for which it intends
to use USDA–FSA’s CEs and describes
the consultation between the agencies.
DATES: This action is effective upon
publication.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Lauren Hayes Knutson, Environmental
Planning Division Director, Office of
Environment and Energy, U.S.
Department of Housing and Urban
Development, 451 7th Street SW, Room
7282, Washington, DC 20410–5000;
telephone 202–402–4270 (this is not a
toll-free number); email
EnvironmentalPlanningDivision@
hud.gov. HUD welcomes and is
prepared to receive calls from
individuals who are deaf or hard of
hearing, as well as individuals with
speech and communication disabilities.
To learn more about how to make an
accessible telephone call, please visit
https://www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
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
E:\FR\FM\03DEN1.SGM
03DEN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices
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 for any major Federal action—an
environmental impact statement (EIS),
environmental assessment (EA), or
categorical exclusion (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 EA, which involves
a more concise analysis and process
than does 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, 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 extraordinary
circumstances are present, the agency
nevertheless may still categorically
exclude the proposed action if it
determines that there are circumstances
that lessen the impacts or other
conditions sufficient to avoid significant
effects.
Section 109 of NEPA, enacted as part
of the Fiscal Responsibility Act of 2023,
allows a Federal agency to ‘‘adopt’’
another Federal agency’s CEs for
proposed actions. 42 U.S.C. 4336c. To
use another agency’s CEs under section
109, the borrowing agency must identify
the relevant CE listed in another
agency’s (‘‘establishing agency’’) NEPA
procedures that covers the borrowing
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
VerDate Sep<11>2014
17:09 Dec 02, 2024
Jkt 265001
category of actions is appropriate;
identify to the public the CE that the
borrowing agency plans to use for its
proposed actions; and document
adoption of the CE. 42 U.S.C. 4336c.
HUD has prepared this notice to meet
these statutory requirements.
HUD Programs
For many HUD programs, HUD is
authorized by statute to allow
Responsible Entities (REs), typically
states, units of general local
government, and tribes, to assume
responsibility to conduct NEPA reviews
under HUD regulations at 24 CFR part
58. For other HUD programs, HUD
performs the environmental review
under 24 CFR part 50. HUD intends to
apply these categorical exclusions to
reviews conducted under both parts 50
and 58.
Both parts 50 and 58, as well as 24
CFR part 51, contain additional
environmental requirements that certain
HUD projects must comply with.
Proposed actions that are categorically
excluded from NEPA but still subject to
these requirements are known as
‘‘Categorically Excluded Subject to’’ the
requirements listed in 24 CFR 58.5 and
50.4 (CEST), and proposed actions that
are categorically excluded from NEPA
but not subject to these requirements are
known as ‘‘Categorically Excluded Not
Subject to’’ the requirements listed in
§§ 58.5 and 50.4 (CENST). HUD has
evaluated the identified USDA–FSA CEs
and has designated each as CENST or
CEST in Section II. USDA–FSA
Categorical Exclusions.
HUD Regulatory Limitations on
Adopting CEs
HUD’s regulations at 24 CFR 58.36
and 50.17 limit HUD’s ability to utilize
adopted categorical exclusions without
a waiver. This notice will not go into
effect until 58.36 and 50.17 are
amended or until a waiver of these
regulations is issued.
II. USDA–FSA Categorical Exclusions
HUD has identified the following CEs
listed in USDA–FSA regulation, 7 CFR
part 799 Subpart D—Categorical
Exclusions, for adoption. Under each
CE, HUD has described categories of
proposed actions for which HUD, under
part 50, or an RE, under part 58, may
use the CE and if the activity will be
evaluated as CENST or CEST. The list
of categories comprises the proposed
actions for which HUD contemplates
using the CEs at this time, primarily in
support of agricultural activities funded
with HUD’s Community Development
Block Grant—Disaster Recovery (CDBG–
DR) program. However, HUD may
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
95811
expand the use of the CEs identified
below to other substantially similar
agricultural activities, where
appropriate.
1. 7 CFR 799.31(b)(2)(i): Existing fence
repair.
HUD Level of Review: CENST.
Potential application to HUD
activities:
• Repair, improvement, or minor
modification of existing fences.
2. 7 CFR 799.31(b)(2)(ii): Improvement
or repair of farm-related structures
under 50 years of age.
HUD Level of Review: CENST.
Potential application to HUD
activities:
• Repair, improvements, or minor
modifications of farm-related structures
under 50 years of age.
3. 7 CFR 799.32(d)(2)(i): Minor
construction, such as a small addition.
HUD Level of Review: CENST.
Potential application to HUD
activities:
• Minor construction, such as a small
addition, without ground disturbance,
of agricultural related structures.
4. 7 CFR 799.32(d)(2)(iv): Grading,
leveling, shaping, and filling.
HUD Level of Review: CENST.
Potential application to HUD
activities:
• Grading, leveling, shaping, and
filling occurring specifically in areas
with previous ground disturbance, soils
that are not likely to possess intact and
distinct soil horizons and have the
reduced likelihood of possessing
historic properties with their original
depositional contexts in the area and to
the depth to be excavated, also referred
to as the plow zone.
5. 7 CFR 799.32(d)(2)(xiii): Trough or
tank installation.
HUD Level of Review: CENST.
Potential application to HUD
activities:
• Agricultural water trough or tank
installation without ground disturbance.
6. 7 CFR 799.32(d)(3)(i): Fence
installation and replacement.
HUD Level of Review: CENST.
Potential application to HUD
activities:
• Fence installation and replacement
that support agricultural needs, without
ground disturbance.
7. 7 CFR 799.32(e)(2)(iii):
Construction of a new farm storage
facility.
HUD Level of Review: CEST.
Potential application to HUD
activities:
• Construction of a new farm storage
facility with ground disturbance.
8. 7 CFR 799.32(e)(2)(xi): Grading,
leveling, shaping, and filling in areas or
to depths not previously disturbed.
E:\FR\FM\03DEN1.SGM
03DEN1
95812
Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices
HUD Level of Review: CEST.
Potential application to HUD
activities:
• Grading, leveling, shaping, and
filling in areas or to depths not
previously disturbed for agricultural
efforts.
9. 7 CFR 799.32(e)(2)(xiv): Land
smoothing.
HUD Level of Review: CEST.
Potential application to HUD
activities:
• Land smoothing for agricultural
needs.
10. 7 CFR 799.32(e)(2)(xxxvii):
Watering tank or trough installation, if
in areas not previously disturbed.
HUD Level of Review: CEST.
Potential application to HUD
activities:
• Agricultural watering tank or trough
installation that includes new ground
disturbance.
11. 7 CFR 799.32(e)(2)(xxxviii): Wells.
HUD Level of Review: CEST.
Potential application to HUD
activities:
• Well installation and repairs for
agricultural needs, with ground
disturbance.
lotter on DSK11XQN23PROD with NOTICES1
III. Consideration of Extraordinary
Circumstances
When applying the adopted CEs, HUD
or the RE will evaluate the proposed
action to ensure evaluation of integral
elements listed above. In addition, in
considering extraordinary
circumstances, HUD will consider
whether the proposed action has the
potential to result in significant effects
as described in USDA–FSA’s
extraordinary circumstances listed at 7
CFR 799.33. USDA–FSA defines
extraordinary circumstances in which a
normally categorically excluded action
may have a significant environmental
effect, including, but not limited to,
scientific controversy about the
environmental effects of the proposal;
uncertain effects or effects involving
unique or unknown risks; a proposed
action connected to other actions with
potential impacts; a proposed action
that is related to other proposed actions
with cumulative impacts; proposed
actions that do not comply with 40 CFR
1506.1 Limitations on actions during the
NEPA process; and/or contains
violations of any existing Federal, State,
or local government law, policy, or
requirements.
IV. Consultation With USDA–FSA and
Determination of Appropriateness
HUD and USDA–FSA began
consultation in December 2023 to
identify USA–FSA CEs that could apply
to HUD proposed agricultural actions.
VerDate Sep<11>2014
17:09 Dec 02, 2024
Jkt 265001
This consultation included a review of
USDA–FSA’s experience developing
and applying the CEs and the types of
actions for which HUD plans to utilize
the CEs. Based on this consultation and
review, HUD has determined that the
types of agricultural projects it intends
to undertake are substantially similar to
such projects for which USDA–FSA has
applied the CE. Accordingly, the
impacts of HUD projects will be
substantially similar to the impacts of
USDA–FSA projects, which are not
significant, absent the existence of
extraordinary circumstances. Therefore,
HUD has determined that its proposed
use of the agricultural-related CEs, as
described within this notice, would be
appropriate.
V. Conclusion
This notice documents adoption of
the USDA–FSA CEs listed above in
accordance with 42 U.S.C. 4336c(4), and
they will be available for use by HUD
and REs effective either upon
amendment of 24 CFR 58.36 and 50.17
or upon issuance of a waiver of these
regulations.
Marion McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development,
Office of Community Planning and
Development.
[FR Doc. 2024–28293 Filed 12–2–24; 8:45 am]
BILLING CODE 4210–67–P
INTER-AMERICAN FOUNDATION
Sunshine Act Meetings
Monday, December 16,
2024 9:30am–11:00am
PLACE: Hybrid with public attendance
held virtually
STATUS: Meeting of the Board of
Directors, open to the public
MATTERS TO BE CONSIDERED:
D Call to Order
D Overview of Meeting Rules by General
Counsel
D Approval of Minutes from May 7,
2024 Meeting
D Fiscal Year 2024 in Review
D Fiscal Year 2025 Planning:
—Strategic Priorities
—Programs & Fellowships Updates
—Operational Updates: Move and
Staff
D Adjournment
CONTACT PERSON FOR MORE INFORMATION:
Nicole Stinson, Associate General
Counsel, (202) 683–7117 or
generalcounsel@iaf.gov.
For Dial-in Information contact:
Nicole Stinson, Associate General
Counsel, generalcounsel@iaf.gov.
TIME AND DATE:
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
The Inter-American Foundation is
holding this meeting under the
Government in the Sunshine Act, 5
U.S.C. 552b and 22 CFR 1004.
Natalia Mandrus,
Associate General Counsel.
[FR Doc. 2024–28393 Filed 11–29–24; 4:15 pm]
BILLING CODE 7025–01–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–NER–ACAD–38762; PPNEACADSO,
PPMPSPDIZ.YM0000]
Notice of Public Meetings for the
Acadia National Park Advisory
Commission
National Park Service, Interior.
Meeting notice.
AGENCY:
ACTION:
In accordance with the
Federal Advisory Committee Act, as
amended, the National Park Service
(NPS) is hereby giving notice that the
Acadia National Park Advisory
Commission (Commission) will meet as
indicated below.
DATES: The Commission will meet:
Monday, February 3, 2025; Monday,
June 2, 2025; and Monday, September 8,
2025. All scheduled meetings will begin
at 1:00 p.m. and will end by 4:00 p.m.
(Eastern).
ADDRESSES: The February 3, 2025, and
June 2, 2025, meetings will be held at
the training trailer at park headquarters,
Acadia National Park, 20 McFarland
Hill Drive, Bar Harbor, Maine 04609.
The September 8, 2025, meeting will be
held at the Schoodic Education and
Research Center, Moore Auditorium,
Winter Harbor, Maine 04693. All
meetings are open to the public and a
virtual participation option will be
available for those who are unable to
attend in person and will be closed
captioned. Virtual registration and final
agendas will be posted online at least
seven (7) business days prior to the
meeting dates at Acadia Advisory
Commission—Acadia National Park
(U.S. National Park Service).
FOR FURTHER INFORMATION CONTACT:
Kathy Flanders, Superintendent’s
Secretary, Acadia National Park, P.O.
Box 177, Bar Harbor, Maine 04609,
telephone (207) 288–8702 or kathy_
flanders@nps.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.
Individuals outside the United States
SUMMARY:
E:\FR\FM\03DEN1.SGM
03DEN1
]]>Agencies
[Federal Register Volume 89, Number 232 (Tuesday, December 3, 2024)]
[Notices]
[Pages 95810-95812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28293]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6492-N-01]
Notice of Adoption of U.S. Department of Agriculture Farm Service
Agency Categorical Exclusions Pursuant to Section 109 of the National
Environmental Policy Act
AGENCY: Office of the Secretary, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: HUD has identified categorical exclusions (CEs) to the
National Environmental Policy Act (NEPA) established by the U.S.
Department of Agriculture--Farm Service Agency (USDA-FSA) that cover
categories of actions that HUD proposes to adopt. This notice
identifies the USDA-FSA CEs and HUD's categories of proposed actions
for which it intends to use USDA-FSA's CEs and describes the
consultation between the agencies.
DATES: This action is effective upon publication.
FOR FURTHER INFORMATION CONTACT: Lauren Hayes Knutson, Environmental
Planning Division Director, Office of Environment and Energy, U.S.
Department of Housing and Urban Development, 451 7th Street SW, Room
7282, Washington, DC 20410-5000; telephone 202-402-4270 (this is not a
toll-free number); email [email protected]. HUD
welcomes and is prepared to receive calls from individuals who are deaf
or hard of hearing, as well as individuals with speech and
communication disabilities. To learn more about how to make an
accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
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
[[Page 95811]]
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 for any major Federal action--an environmental impact statement
(EIS), environmental assessment (EA), or categorical exclusion (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 EA, which
involves a more concise analysis and process than does 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, 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 extraordinary circumstances are present, the agency
nevertheless may still categorically exclude the proposed action if it
determines that there are circumstances that lessen the impacts or
other conditions sufficient to avoid significant effects.
Section 109 of NEPA, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to ``adopt'' another Federal
agency's CEs for proposed actions. 42 U.S.C. 4336c. To use another
agency's CEs under section 109, the borrowing agency must identify the
relevant CE listed in another agency's (``establishing agency'') NEPA
procedures that covers the borrowing 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 borrowing agency
plans to use for its proposed actions; and document adoption of the CE.
42 U.S.C. 4336c. HUD has prepared this notice to meet these statutory
requirements.
HUD Programs
For many HUD programs, HUD is authorized by statute to allow
Responsible Entities (REs), typically states, units of general local
government, and tribes, to assume responsibility to conduct NEPA
reviews under HUD regulations at 24 CFR part 58. For other HUD
programs, HUD performs the environmental review under 24 CFR part 50.
HUD intends to apply these categorical exclusions to reviews conducted
under both parts 50 and 58.
Both parts 50 and 58, as well as 24 CFR part 51, contain additional
environmental requirements that certain HUD projects must comply with.
Proposed actions that are categorically excluded from NEPA but still
subject to these requirements are known as ``Categorically Excluded
Subject to'' the requirements listed in 24 CFR 58.5 and 50.4 (CEST),
and proposed actions that are categorically excluded from NEPA but not
subject to these requirements are known as ``Categorically Excluded Not
Subject to'' the requirements listed in Sec. Sec. 58.5 and 50.4
(CENST). HUD has evaluated the identified USDA-FSA CEs and has
designated each as CENST or CEST in Section II. USDA-FSA Categorical
Exclusions.
HUD Regulatory Limitations on Adopting CEs
HUD's regulations at 24 CFR 58.36 and 50.17 limit HUD's ability to
utilize adopted categorical exclusions without a waiver. This notice
will not go into effect until 58.36 and 50.17 are amended or until a
waiver of these regulations is issued.
II. USDA-FSA Categorical Exclusions
HUD has identified the following CEs listed in USDA-FSA regulation,
7 CFR part 799 Subpart D--Categorical Exclusions, for adoption. Under
each CE, HUD has described categories of proposed actions for which
HUD, under part 50, or an RE, under part 58, may use the CE and if the
activity will be evaluated as CENST or CEST. The list of categories
comprises the proposed actions for which HUD contemplates using the CEs
at this time, primarily in support of agricultural activities funded
with HUD's Community Development Block Grant--Disaster Recovery (CDBG-
DR) program. However, HUD may expand the use of the CEs identified
below to other substantially similar agricultural activities, where
appropriate.
1. 7 CFR 799.31(b)(2)(i): Existing fence repair.
HUD Level of Review: CENST.
Potential application to HUD activities:
Repair, improvement, or minor modification of existing
fences.
2. 7 CFR 799.31(b)(2)(ii): Improvement or repair of farm-related
structures under 50 years of age.
HUD Level of Review: CENST.
Potential application to HUD activities:
Repair, improvements, or minor modifications of farm-
related structures under 50 years of age.
3. 7 CFR 799.32(d)(2)(i): Minor construction, such as a small
addition.
HUD Level of Review: CENST.
Potential application to HUD activities:
Minor construction, such as a small addition, without
ground disturbance, of agricultural related structures.
4. 7 CFR 799.32(d)(2)(iv): Grading, leveling, shaping, and filling.
HUD Level of Review: CENST.
Potential application to HUD activities:
Grading, leveling, shaping, and filling occurring
specifically in areas with previous ground disturbance, soils that are
not likely to possess intact and distinct soil horizons and have the
reduced likelihood of possessing historic properties with their
original depositional contexts in the area and to the depth to be
excavated, also referred to as the plow zone.
5. 7 CFR 799.32(d)(2)(xiii): Trough or tank installation.
HUD Level of Review: CENST.
Potential application to HUD activities:
Agricultural water trough or tank installation without
ground disturbance.
6. 7 CFR 799.32(d)(3)(i): Fence installation and replacement.
HUD Level of Review: CENST.
Potential application to HUD activities:
Fence installation and replacement that support
agricultural needs, without ground disturbance.
7. 7 CFR 799.32(e)(2)(iii): Construction of a new farm storage
facility.
HUD Level of Review: CEST.
Potential application to HUD activities:
Construction of a new farm storage facility with ground
disturbance.
8. 7 CFR 799.32(e)(2)(xi): Grading, leveling, shaping, and filling
in areas or to depths not previously disturbed.
[[Page 95812]]
HUD Level of Review: CEST.
Potential application to HUD activities:
Grading, leveling, shaping, and filling in areas or to
depths not previously disturbed for agricultural efforts.
9. 7 CFR 799.32(e)(2)(xiv): Land smoothing.
HUD Level of Review: CEST.
Potential application to HUD activities:
Land smoothing for agricultural needs.
10. 7 CFR 799.32(e)(2)(xxxvii): Watering tank or trough
installation, if in areas not previously disturbed.
HUD Level of Review: CEST.
Potential application to HUD activities:
Agricultural watering tank or trough installation that
includes new ground disturbance.
11. 7 CFR 799.32(e)(2)(xxxviii): Wells.
HUD Level of Review: CEST.
Potential application to HUD activities:
Well installation and repairs for agricultural needs, with
ground disturbance.
III. Consideration of Extraordinary Circumstances
When applying the adopted CEs, HUD or the RE will evaluate the
proposed action to ensure evaluation of integral elements listed above.
In addition, in considering extraordinary circumstances, HUD will
consider whether the proposed action has the potential to result in
significant effects as described in USDA-FSA's extraordinary
circumstances listed at 7 CFR 799.33. USDA-FSA defines extraordinary
circumstances in which a normally categorically excluded action may
have a significant environmental effect, including, but not limited to,
scientific controversy about the environmental effects of the proposal;
uncertain effects or effects involving unique or unknown risks; a
proposed action connected to other actions with potential impacts; a
proposed action that is related to other proposed actions with
cumulative impacts; proposed actions that do not comply with 40 CFR
1506.1 Limitations on actions during the NEPA process; and/or contains
violations of any existing Federal, State, or local government law,
policy, or requirements.
IV. Consultation With USDA-FSA and Determination of Appropriateness
HUD and USDA-FSA began consultation in December 2023 to identify
USA-FSA CEs that could apply to HUD proposed agricultural actions. This
consultation included a review of USDA-FSA's experience developing and
applying the CEs and the types of actions for which HUD plans to
utilize the CEs. Based on this consultation and review, HUD has
determined that the types of agricultural projects it intends to
undertake are substantially similar to such projects for which USDA-FSA
has applied the CE. Accordingly, the impacts of HUD projects will be
substantially similar to the impacts of USDA-FSA projects, which are
not significant, absent the existence of extraordinary circumstances.
Therefore, HUD has determined that its proposed use of the
agricultural-related CEs, as described within this notice, would be
appropriate.
V. Conclusion
This notice documents adoption of the USDA-FSA CEs listed above in
accordance with 42 U.S.C. 4336c(4), and they will be available for use
by HUD and REs effective either upon amendment of 24 CFR 58.36 and
50.17 or upon issuance of a waiver of these regulations.
Marion McFadden,
Principal Deputy Assistant Secretary for Community Planning and
Development, Office of Community Planning and Development.
[FR Doc. 2024-28293 Filed 12-2-24; 8:45 am]
BILLING CODE 4210-67-P
