Notice of Adoptions of a Categorical Exclusion Under Section 109 of the National Environmental Policy Act, 101040-101042 [2024-29437]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 101040-101042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29437]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of the Secretary

[XXXD4523WT; DWT000000.000000; DP61201; DS61200000]


Notice of Adoptions of a Categorical Exclusion Under Section 109 
of the National Environmental Policy Act

AGENCY: Office of the Secretary, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of the Interior (Department) is notifying 
the public and documenting the adoption of a National Park Service 
(NPS) categorical exclusion (CE) for invasive species management by 
seven other Department bureaus or offices (adopting bureaus). NPS and 
the adopting bureaus manage or provide funding to manage invasive 
species, which the NPS CE facilitates. These adopting bureaus are: the 
Bureau of Land Management, the Bureau of Reclamation, the U.S. Fish and 
Wildlife Service, the U.S. Geological Survey, the Office of Insular 
Affairs, the Bureau of Indian Affairs, and the Office of Surface Mining 
Reclamation and Enforcement. In accordance with section 109 of the 
National Environmental Policy Act, this notice identifies the types of 
actions to which the adopting bureaus will apply the CE; the 
considerations that the adopting bureaus will use in determining the 
applicability of the CE; the consultation between and among the 
Department, the adopting bureaus, and NPS on the use of the CE; and the 
application of extraordinary circumstances.

DATES: The adoptions are effective December 13, 2024.

FOR FURTHER INFORMATION CONTACT: Hilary Smith, Senior Advisor for 
Invasive Species, Office of Policy Analysis, at 
[email protected] or 202-763-3118.

SUPPLEMENTARY INFORMATION:

Background

Program Background

    The Department, through its bureaus, has been managing invasive 
species on Federal lands for more than 70 years. The bureaus also 
provide Federal financial assistance to Tribal, Territorial, State, and 
local governments for invasive species control and eradication outside 
of lands managed by the bureaus. However, significant challenges remain 
in addressing both established and newly arriving invasive species. 
Currently, less than one percent of invasive plant populations and 
about 10 percent of invasive animal populations on Department-managed 
lands are under control. The impacts of invasive species are likely to 
increase in the coming decades. This is due in part to the growing 
global movement of people and materials and increased tourism and 
trade. In addition, a changing climate alters weather patterns, 
precipitation, and extreme weather events. Those changes disrupt 
ecosystems and make them more susceptible to biological invasions.
    In some areas managed by the Department's bureaus, invasive species 
have become dominant, leading to significant ecosystem degradation. 
Controlling these species is one of the greatest challenges in land 
management. Left unmanaged, invasive species can create dense 
infestations that degrade soil productivity, reduce livestock forage 
quality, harm water quality and availability, reduce native species 
diversity, and negatively impact wildlife habitat quality. These 
changes can also lower wilderness values and impact recreational 
opportunities.
    The Department is adopting a NPS CE for invasive species management 
for use by the Bureau of Land Management, the Bureau of Indian Affairs, 
the Bureau of Reclamation, the U.S. Fish and Wildlife Service, the 
Office of Insular Affairs, the U.S. Geological Survey, and the Office 
of Surface Mining Reclamation and Enforcement to support the adopting 
bureaus' efforts to more effectively and efficiently control and 
eradicate invasive species. NPS is a bureau within the Department. NPS 
actions and best practices related to invasive species management are 
similar to those actions and best practices conducted by the adopting 
bureaus in the Department. In addition, like NPS, other adopting 
bureaus' implementation of proposed actions would need to be consistent 
with the Department's Invasive Species Policy (part 524 of the 
Departmental Manual chapter 1, (524 DM 1)), and Integrated Pest 
Management Policy (517 DM 1).

National Environmental Policy Act and Categorical Exclusions

    The National Environmental Policy Act, as amended, at 42 U.S.C. 
4321-4347 (NEPA), requires all Federal agencies to consider the 
environmental impact of their proposed actions before deciding whether 
and how to proceed. 42 U.S.C 4321, 4332. The NEPA aims to ensure 
agencies consider the environmental effects of their proposed actions 
in their decision-making processes and inform and involve the public in 
that process. 42 U.S.C. 4331. The NEPA created the Council on 
Environmental Quality (CEQ), which promulgated NEPA implementing 
regulations, 40 CFR parts 1500 through 1508 (CEQ NEPA regulations).
    Under the NEPA and CEQ's NEPA regulations, a Federal agency can 
establish CEs--categories of actions that normally do not have 
significant effect on the human environment, individually or in the 
aggregate, and therefore do not require the preparation of an 
environmental assessment (EA) or an environmental impact statement 
(EIS)--in their agency NEPA procedures. 42 U.S.C. 4336(e)(1); 40 CFR 
1501.4, 1507.3, 1508.1(e). 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 exist, 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.
    Section 109 of the NEPA, enacted as part of the Fiscal 
Responsibility Act of 2023, allows a Federal agency to ``adopt'' or 
rely on another agency's CE for a category of proposed agency actions. 
42 U.S.C. 4336(c). To use another agency's CEs under section 109, the 
adopting agency must identify the relevant CEs listed in another 
agency's (``establishing agency'') NEPA procedures that cover the 
adopting agency's category of proposed actions or related actions; 
consult with the establishing agency to ensure that the

[[Page 101041]]

proposed adoption of the CE for a category of actions is appropriate; 
identify to the public the CE that the adopting agency plans to use for 
its proposed actions; and document adoption of the CE. 42 U.S.C. 4336c. 
The Department has prepared this notice to meet the applicable 
statutory requirements for the adoption of the NPS CE by the adopting 
bureaus and to notify the public.
    The Department's NEPA procedures are codified at 43 CFR part 46. 
These procedures address compliance with the NEPA. The Department's 
protocol for application of CEs is at 43 CFR 46.205. The Department's 
CEs available to all bureaus within the Department are listed in 43 CFR 
46.210. Additional Department-wide NEPA policy is found in the 
Department's Departmental Manual (DM), in chapters 1 through 4 of part 
516. Supplementary NEPA procedures for the Department's bureaus are 
published in additional chapters in part 516 of the DM. The NPS's NEPA 
procedures are provided in the DM part 516 Chapter 12 (516 DM 12).

Categorical Exclusion Adopted

    The adopting bureaus identified the following NPS CE, found in 516 
DM 12, for adoption and uses:
    E.6. Restoration of noncontroversial native species into suitable 
habitats within their historic range and elimination of exotic species.
    The CE will be added to the NEPA DM chapters for Bureau of Land 
Management, the Bureau of Indian Affairs, the Bureau of Reclamation, 
the U.S. Fish and Wildlife Service, the Office of Insular Affairs, the 
U.S. Geological Survey, and the Office of Surface Mining Reclamation 
and Enforcement.

Consultation With NPS and Determination of Appropriateness

    In January and July 2024, the Department and its adopting bureaus 
consulted with NPS regarding the suitability of the Department's 
adoption of the CE for use by those other bureaus. The consultation 
included a review of NPS's experience applying the CE, as well as the 
types of actions the adopting bureaus intend to rely on the CE to 
support.
    The NPS CE provides for restoration of native species within their 
historic range. The NPS CE also includes the removal of exotic species. 
The NPS CE uses the term ``exotic species.'' Exotic Species is 
synonymous with the terms ``non-native'' or ``alien,'' which refers to 
an organism, including its seeds, eggs, spores, or other biological 
material capable of propagating that species, that occurs outside of 
its natural range (definition in Executive Order (E.O.) 13112 (amended 
by E.O. 13751)). When NPS established the CE in 1984, the term ``exotic 
species'' was the common term used; today the common term used is 
``invasive species,'' and the adopting bureaus will rely on the CE to 
support projects conducted for the management of invasive species. E.O. 
13751 defines invasive species to mean, ``with regard to a particular 
ecosystem, a non-native organism whose introduction causes or is likely 
to cause economic or environmental harm, or harm to human, animal, or 
plant health.''
    Since 1984, the NPS has relied on this CE to conduct actions 
including physical control, pesticide applications, and the use of 
biological control organisms to manage invasive species. The NPS relies 
on this CE to conduct the types of actions listed below approximately 
80 times each year. Invasive species such as salt cedar (Tamarisk 
spp.), Japanese honeysuckle (Lonicera japonica), kudzu (Pueraria 
montana), Chinese privet (Ligustrum sinense), Burmese python (Python 
bivittatus), feral hogs (Sus scrofa), cape ivy (Delairea odorata), 
French broom (Genista monspessulana), Scotch broom (Cytisus scoparius), 
capeweed (Arctotheca calendula), European beachgrass (Ammophila 
arenaria), Lehmann lovegrass (Eragrostis lehmanniana), tree-of-heaven 
(Ailanthus altissima), black acacia (Acacia mearnsii), non-native 
trout, and many others have been removed through chemical, mechanical, 
and biocontrol methods in NPS units. In many instances, the removal of 
invasive species has led to landscape improvements. The work has 
encouraged growth of native species and allowed parks to successfully 
reintroduce native species to their historical range. Removal of 
invasive plants has allowed parks to plant or relocate native grasses, 
vegetation, or trees such as Sonoma spineflower (Chorizanthe valida), 
red osier dogwood (Cornus sericea), juniper (Juniperus communis), 
buffalo grass (Bouteloua dactyloides), blue grama (Bouteloua gracilis), 
and blackbrush (Coleogyne ramosissima). Removal of invasive species has 
also improved ecosystems to allow reintroduction of fish and amphibians 
such as the humpback chub (Gila cypha), bonytail chub (Gila elegans), 
cutthroat trout (Oncorhynchus clarkii), relict leopard frog (Lithobates 
onca), and California treefrog (Pseudacris cadaverine)--some of which 
were considered endangered or threatened.
    The NPS has also used biological control methods where appropriate 
to control invasive species effectively. Known predators of invasive 
species have been released to control the spread of invasive species 
without harming the natural ecosystem. For example, purple loosestrife 
(Lythrum salicaria) infestations have been controlled by releasing leaf 
beetles (Galerucella spp.) and pine weevils (Hylobius spp.). Mile-a-
minute vines (Persicaria perfoliata) have been reduced by releasing a 
weevil (Rhinoncomimus latipes) in Shenandoah National Park. In both 
instances, the biological control species caused no harm to the natural 
environment and prevented further spread of invasive species. The 
introduction of predator species has been used many times in various 
locations to successfully control invasive species when mechanical or 
chemical removal was not possible.
    The adopting bureaus intend to apply this CE to invasive species 
management in several ways: to actions undertaken directly by the 
adopting bureaus identified above; to actions requiring an approval by 
these adopting bureaus; or to funding for invasive species management 
made available by these adopting bureaus. The types of actions 
addressed by the CE include control or eradication of invasive species 
(such as invasive plants, trees, and shrubs; invasive invertebrates; 
invasive mammals; and invasive pathogens) as part of efforts to control 
or eradicate ongoing invasive species infestations or to respond to 
newly detected invasive species, using biological, cultural, physical 
(manual or mechanical), and chemical methods per Department policies 
and procedures listed below. Consistent with NPS's use of the CE, these 
adopting bureaus could rely on the CE to conduct projects for the 
control or eradication of terrestrial or aquatic invasive plants, 
terrestrial or aquatic invasive animals, and terrestrial or aquatic 
invasive pathogens.
    Like NPS, any actions undertaken by an adopting bureau would be 
regulated and guided by existing Department and bureau policies, 
internal review and approval processes, and State and Federal laws and 
regulations, including the NEPA. Use of this CE would require local, 
site-specific environmental review of the proposed action to determine 
if reliance on the CE is appropriate, complies with the Endangered 
Species Act section 7(a)(2), and adheres to existing laws and bureau 
policies.
    Actions must be applied as part of an integrated pest management 
approach (IPM). Consistent with 517 DM 1, Integrated Pest Management 
Policy, the

[[Page 101042]]

Department manages invasive species by following IPM principles. IPM is 
defined as a sustainable approach to managing invasive species by a 
combination of biological, physical, and chemical methods that 
minimizes economic, health, and environmental risks (Federal 
Insecticide, Fungicide, and Rodenticide Act [FIFRA, 7 U.S.C. 136r-1]). 
IPM is a science-based decision-making process that guides bureaus when 
investigating a pest situation. Following IPM principles means acting 
in a manner that reduces risks from both the target species and 
associated management activities. The IPM approach determines the most 
appropriate and cost-effective management solution for the specific 
situation. IPM reduces risks to people, resources, and the environment 
from pests and from the strategies used to manage them. Biological 
control methods include using predators, parasites, pathogens, and 
grazing animals. Physical methods include using manual and mechanical 
methods. Chemical methods include the application of pesticides. Any 
application of chemicals must be approved through the respective 
bureau's pesticide use proposal process. It must also adhere to 
pesticide label requirements as approved by the U.S. Environmental 
Protection Agency and all other applicable Federal, Tribal, 
Territorial, State, local, and agency regulations and bureau policies 
pertaining to application, handling, storage, and transportation. The 
pesticide use proposal systems at each bureau function to reduce risks 
to the public, bureau resources, and the environment from pests and 
pest-related management strategies. Each time a pesticide is used 
within the Federal boundaries that usage must be reviewed by a bureau 
subject matter expert. The internal review is determined by the type of 
pesticide, the site where its use is proposed, the target species, and 
many other criteria.
    Actions conducted by other bureaus within the Department for 
invasive species management are similar to the type of actions that NPS 
conducts. Therefore, the impacts of the adopting bureaus' actions are 
anticipated to be similar to the impacts of NPS actions, which are not 
significant, absent the existence of extraordinary circumstances. The 
Department has determined that the adopting bureaus' proposed adoption 
of the CE as described in this notice is appropriate.

Consideration of Extraordinary Circumstances

    As NPS does when applying this CE, Responsible Officials within the 
adopting bureaus will evaluate the proposed actions to determine 
whether there are any extraordinary circumstances, listed at 43 CFR 
46.215, that would preclude reliance on the CE. The extraordinary 
circumstances include, in part, consideration of impacts on public 
health and safety; natural resources and unique geographic 
characteristics as historic or cultural resources; park, recreation, or 
refuge lands; wilderness areas; wild or scenic rivers; national natural 
landmarks, sole or principal drinking water aquifers; prime farmlands; 
wetlands; floodplains; national monuments; migratory birds; and other 
ecologically significant or critical areas; unresolved conflicts 
concerning alternative uses of available resources; unique or unknown 
environmental risks; precedent for future decision-making; historic 
properties; listed species or critical habitat; low income or minority 
populations; access by Indian religious practitioners to, and for 
ceremonial use of, Indian sacred sites and the physical integrity of 
those sites; and contribution to the introduction, continued existence, 
or spread of invasive plants or non-native invasive species. The 
Department's list of extraordinary circumstances is used by all bureaus 
within the Department. Therefore, Responsible Officials in the adopting 
bureaus intending to rely on this CE will review whether the proposed 
action has the potential to result in significant effects, as described 
in the Department's extraordinary circumstances. If the Responsible 
Official cannot rely on a categorical exclusion to support a decision 
on a particular proposed action due to extraordinary circumstances, the 
Responsible Official will prepare an EA or EIS, consistent with 40 CFR 
1501.4(b)(2) and 43 CFR 46.205(c).

Notice to the Public and Documentation of Adoption

    This notice identifies to the public that seven Department bureaus 
are adopting the NPS's CE used for invasive species control and 
eradication (E.6 Restoration of noncontroversial native species into 
suitable habitats within their historic range and elimination of exotic 
species.). The CE will be available to use by the adopting bureaus that 
undertake or fund invasive species management--the Bureau of Land 
Management, the Bureau of Indian Affairs, the Bureau of Reclamation, 
the U.S. Fish and Wildlife Service, the Office of Insular Affairs, the 
U.S. Geological Survey, and the Office of Surface Mining Reclamation 
and Enforcement, in addition to NPS. The notice identifies the types of 
actions to which the bureaus within the Department will apply the CE, 
as well as the considerations these bureaus will use in determining 
whether an action is within the scope of the CE. This documentation of 
the approved adoption is available at https://www.doi.gov/oepc/nepa/categorical-exclusions and will also be made available on each adopting 
bureau's web page for CE adoptions. The adopting bureaus will add the 
adopted CE to their applicable NEPA chapters in part 516 of the DM.

Authorities

    National Environmental Policy Act of 1969, as amended (42 U.S.C. 
4321 et seq.).

Stephen G. Tryon,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2024-29437 Filed 12-12-24; 8:45 am]
BILLING CODE 4334-20-P