83_FR_9579 83 FR 9535 - Updates to Bureau of Indian Affairs Categorical Exclusions Under the National Environmental Policy Act

83 FR 9535 - Updates to Bureau of Indian Affairs Categorical Exclusions Under the National Environmental Policy Act

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 83, Issue 44 (March 6, 2018)

Page Range9535-9538
FR Document2018-04513

The Bureau of Indian Affairs (BIA) is proposing to amend its categorical exclusions (CATEXs) under the National Environmental Policy Act of 1969 (NEPA) for certain BIA actions and is seeking comment. The BIA is requesting comment on whether to revise or delete any current CATEXs or add any new CATEXs.

Federal Register, Volume 83 Issue 44 (Tuesday, March 6, 2018)
[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Notices]
[Pages 9535-9538]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04513]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[189A2100DD/AAKC001030/A0A501010.999900 253G]


Updates to Bureau of Indian Affairs Categorical Exclusions Under 
the National Environmental Policy Act

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed action and request for comments.

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

SUMMARY: The Bureau of Indian Affairs (BIA) is proposing to amend its 
categorical exclusions (CATEXs) under the National Environmental Policy 
Act of 1969 (NEPA) for certain BIA actions and is seeking comment. The 
BIA is requesting comment on whether to revise or delete any current 
CATEXs or add any new CATEXs.

DATES: Comments and related material must be postmarked no later than 
May 7, 2018.

ADDRESSES: Please submit your comments by only one of the following 
means: (1) By mail to: Dr. BJ Howerton, MBA, Branch Chief Environmental 
and Cultural Resource Management C/O Department of the Interior, 12220 
Sunrise Valley Drive, Reston, VA 20192; or (2) by email to: 
bj.howerton@bia.gov. Please put ``CATEX'' in the subject line.

FOR FURTHER INFORMATION CONTACT: Dr. BJ Howerton, (703) 390-6524, 
email: bj.howerton@bia.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The NEPA requires Federal agencies to consider the potential 
environmental consequences of their decisions before deciding whether 
and how to proceed. The Council on Environmental Quality (CEQ) 
encourages Federal agencies to use CATEXs to protect the environment 
more efficiently by: (a) Reducing the resources spent analyzing 
proposals which generally do not have potentially significant 
environmental impacts, and (b) focusing resources on proposals that may 
have significant environmental impacts. The appropriate use of CATEXs 
allow the NEPA review to be concluded without preparing either an 
environmental assessment (EA) or an environmental impact statement 
(EIS) (40 CFR 1500.4(p) and Sec.  1508.4).
    The CEQ regulations implementing NEPA define CATEXs as a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment, and for which, therefore, neither an 
EA nor an EIS is required. (40 CFR 1508.4). The CEQ regulations 
encourage the use of CATEXs to reduce unnecessary paperwork and delays. 
A CATEX is a form of NEPA compliance; it is not an exemption from NEPA, 
but an exemption from requirements to prepare an EIS. Agency procedures 
must consider ``extraordinary circumstances,'' in which case a normally 
excluded action may have a significant effect and require preparation 
of an EA or EIS.
    The Department of the Interior (Interior) has established CATEXs at 
43 CFR 46.210. In addition, BIA has bureau-specific CATEXs. The most 
recent CATEXs BIA established were three based on CATEXs currently used 
by the United States Forest Service (FS), as described in FS 
regulations 36 CFR 220, and by the Bureau of Land Management (BLM), as 
described the Departmental Manual, 516 DM 11. The BIA relied on the 
experience of the FS and BLM and applied its expertise to

[[Page 9536]]

benchmark these CATEXs and determined these are appropriate to 
establish as BIA CATEXs. Because these CATEXs have important 
implications for actions occurring on Indian lands, the BIA initiated 
consultation and requested comments from all federally recognized 
Tribes. This consultation period began on July 23, 2014, and concluded 
on September 21, 2014. A notice published in the Federal Register on 
November 14, 2014 (79 FR 68287) solicited public comments for that 
CATEX and ultimately, BIA adopted the forestry CATEXs. See 80 FR 8098 
(Feb. 13, 2015).
    This notice provides information on current BIA CATEXs and requests 
comment.

II. Current BIA CATEXs

    Most of the current BIA CATEXs reside in the Departmental Manual in 
Part 516 Chapter 10: Managing the NEPA Process--Bureau of Indian 
Affairs. The majority of those exclusions in section 10.5 have an 
effective date of May 27, 2004. In addition, a CATEX for single family 
homesites at section 10.5(M)(7), became effective August 10, 2012. See 
77 FR 47862. Most recently, CATEXs for forestry activities at Sections 
10.5(H)(11), (12), and (13), became effective February 13, 2015. See 80 
FR 8098. All of these CATEXs currently in effect are listed below:
    10.5 Categorical Exclusions.
    A. Operation, Maintenance, and Replacement of Existing Facilities. 
Examples are normal renovation of buildings, road maintenance and 
limited rehabilitation of irrigation structures.
    B. Transfer of Existing Federal Facilities to Other Entities. 
Transfer of existing operation and maintenance activities of Federal 
facilities to tribal groups, water user organizations, or other 
entities where the anticipated operation and maintenance activities are 
in a signed contract, follow BIA policy, and no change in operations or 
maintenance is anticipated.
    C. Human Resources Programs. Examples are social services, 
education services, employment assistance, tribal operations, law 
enforcement and credit and financing activities not related to 
development.
    D. Administrative Actions and Other Activities Relating to Trust 
Resources. Examples are: Management of trust funds (collection and 
distribution), budget, finance, estate planning, wills and appraisals.
    E. Self-Determination and Self-Governance.
    (1) Self-Determination Act contracts and grants for BIA programs 
listed as categorical exclusions, or for programs in which 
environmental impacts are adequately addressed in earlier NEPA 
analysis.
    (2) Self-Governance compacts for BIA programs which are listed as 
categorical exclusions or for programs in which environmental impacts 
are adequately addressed in earlier NEPA analysis.
    F. Rights-of-Way.
    (1) Rights-of-Way inside another right-of-way, or amendments to 
rights-of-way where no deviations from or additions to the original 
right-of-way are involved and where there is an existing NEPA analysis 
covering the same or similar impacts in the right-of-way area.
    (2) Service line agreements to an individual residence, building or 
well from an existing facility where installation will involve no 
clearance of vegetation from the right-of-way other than for placement 
of poles, signs (including highway signs), or buried power/cable lines.
    (3) Renewals, assignments and conversions of existing rights-of-way 
where there would be essentially no change in use and continuation 
would not lead to environmental degradation.
    G. Minerals.
    (1) Approval of permits for geologic mapping, inventory, 
reconnaissance and surface sample collecting.
    (2) Approval of unitization agreements, pooling or communitization 
agreements.
    (3) Approval of mineral lease adjustments and transfers, including 
assignments and subleases.
    (4) Approval of royalty determinations such as royalty rate 
adjustments of an existing lease or contract agreement.
    H. Forestry.
    (1) Approval of free-use cutting, without permit, to Indian owners 
for on-reservation personal use of forest products, not to exceed 2,500 
feet board measure when cutting will not adversely affect associated 
resources such as riparian zones, areas of special significance, etc.
    (2) Approval and issuance of cutting permits for forest products 
not to exceed $5,000 in value.
    (3) Approval and issuance of paid timber cutting permits or 
contracts for products valued at less than $25,000 when in compliance 
with policies and guidelines established by a current management plan 
addressed in earlier NEPA analysis.
    (4) Approval of annual logging plans when in compliance with 
policies and guidelines established by a current management plan 
addressed in earlier NEPA analysis.
    (5) Approval of Fire Management Planning Analysis detailing 
emergency fire suppression activities.
    (6) Approval of emergency forest and range rehabilitation plans 
when limited to environmental stabilization on less than 10,000 acres 
and not including approval of salvage sales of damaged timber.
    (7) Approval of forest stand improvement projects of less than 2000 
acres when in compliance with policies and guidelines established by a 
current management plan addressed in earlier NEPA analysis.
    (8) Approval of timber management access skid trail and logging 
road construction when consistent with policies and guidelines 
established by a current management plan addressed in earlier NEPA 
analysis.
    (9) Approval of prescribed burning plans of less than 2000 acres 
when in compliance with policies and guidelines established by a 
current management plan addressed in earlier NEPA analysis.
    (10) Approval of forestation projects with native species and 
associated protection and site preparation activities on less than 2000 
acres when consistent with policies and guidelines established by a 
current management plan addressed in earlier NEPA analysis.
    (11) Harvesting live trees not to exceed 70 acres, requiring no 
more than 0.5 mile of temporary road construction. Such activities:
    (a) Shall not include even-aged regeneration harvests or vegetation 
type conversions.
    (b) May include incidental removal of trees for landings, skid 
trails, and road clearing.
    (c) May include temporary roads which are defined as roads 
authorized by contract, permit, lease, other written authorization, or 
emergency operation not intended to be part of the BIA or Tribal 
transportation systems and not necessary for long-term resource 
management. Temporary roads shall be designed to standards appropriate 
for the intended uses, considering safety, cost of transportation, and 
impacts on land and resources; and
    (d) Shall require the treatment of temporary roads constructed or 
used so as to permit the reestablishment by artificial or natural 
means, of vegetative cover on the roadway and areas where the 
vegetative cover was disturbed by the construction or use of the road, 
as necessary to minimize erosion from the disturbed area. Such 
treatment shall be designed to reestablish vegetative cover as soon as 
practicable, but at least within 10 years after the termination of the 
contract.

[[Page 9537]]

    Examples include, but are not limited to:
    (a) Removing individual trees for sawlogs, specialty products, or 
fuelwood.
    (b) Commercial thinning of overstocked stands to achieve the 
desired stocking level to increase health and vigor.
    (12) Salvaging dead or dying trees not to exceed 250 acres, 
requiring no more than 0.5 mile of temporary road construction. Such 
activities:
    (a) May include incidental removal of live or dead trees for 
landings, skid trails, and road clearing.
    (b) May include temporary roads which are defined as roads 
authorized by contract, permit, lease, other written authorization, or 
emergency operation not intended to be part of the BIA or Tribal 
transportation systems and not necessary for long-term resource 
management. Temporary roads shall be designed to standards appropriate 
for the intended uses, considering safety, cost of transportation, and 
impacts on land and resources; and
    (c) Shall require the treatment of temporary roads constructed or 
used so as to permit the reestablishment, by artificial or natural 
means, of vegetative cover on the roadway and areas where the 
vegetative cover was disturbed by the construction or use of the road, 
as necessary to minimize erosion from the disturbed area. Such 
treatment shall be designed to reestablish vegetative cover as soon as 
practicable, but at least within 10 years after the termination of the 
contract.
    (d) For this CE, a dying tree is defined as a standing tree that 
has been severely damaged by forces such as fire, wind, ice, insects, 
or disease, such that in the judgment of an experienced forest 
professional or someone technically trained for the work, the tree is 
likely to die within a few years.
    Examples include, but are not limited to:
    (a) Harvesting a portion of a stand damaged by a wind or ice event.
    (b) Harvesting fire damaged trees.
    (13) Commercial and noncommercial sanitation harvest of trees to 
control insects or disease not to exceed 250 acres, requiring no more 
than 0.5 miles of temporary road construction. Such activities:
    (a) May include removal of infested/infected trees and adjacent 
live uninfested/uninfected trees as determined necessary to control the 
spread of insects or disease and
    (b) May include incidental removal of live or dead trees for 
landings, skid trails, and road clearing.
    (c) May include temporary roads which are defined as roads 
authorized by contract, permit, lease, other written authorization, or 
emergency operation not intended to be part of the BIA or tribal 
transportation systems and not necessary for long-term resource 
management. Temporary roads shall be designed to standards appropriate 
for the intended uses, considering safety, cost of transportation, and 
impacts on land and resources; and
    (d) Shall require the treatment of temporary roads constructed or 
used so as to permit the reestablishment, by artificial or natural 
means, of vegetative cover on the roadway and areas where the 
vegetative cover was disturbed by the construction or use of the road, 
as necessary to minimize erosion from the disturbed area. Such 
treatment shall be designed to reestablish vegetative cover as soon as 
practicable, but at least within 10 years after the termination of the 
contract.
    Examples include, but are not limited to:
    (a) Felling and harvesting trees infested with mountain pine 
beetles and immediately adjacent uninfested trees to control expanding 
spot infestations (a buffer) and
    (b) Removing or destroying trees infested or infected with a new 
exotic insect or disease, such as emerald ash borer, Asian longhorned 
beetle, or sudden oak death pathogen.
    I. Land Conveyance and Other Transfers. Approvals or grants of 
conveyances and other transfers of interests in land where no change in 
land use is planned.
    J. Reservation Proclamations. Lands established as or added to a 
reservation pursuant to 25 U.S.C. 467, where no change in land use is 
planned.
    K. Waste Management.
    (1) Closure operations for solid waste facilities when done in 
compliance with other federal laws and regulations and where cover 
material is taken from locations which have been approved for use by 
earlier NEPA analysis.
    (2) Activities involving remediation of hazardous waste sites if 
done in compliance with applicable federal laws such as the Resource 
Conservation and Recovery Act (Pub. L. 94-580), Comprehensive 
Environmental Response, Compensation, and Liability Act (Pub. L. 96-
516) or Toxic Substances Control Act (Pub. L. 94-469).
    L. Roads and Transportation.
    (1) Approval of utility installations along or across a 
transportation facility located in whole within the limits of the 
roadway right-of-way.
    (2) Construction of bicycle and pedestrian lanes and paths adjacent 
to existing highways and within the existing rights-of-way.
    (3) Activities included in a ``highway safety plan'' under 23 CFR 
402.
    (4) Installation of fencing, signs, pavement markings, small 
passenger shelters, traffic signals, and railroad warning devices where 
no substantial land acquisition or traffic disruption will occur.
    (5) Emergency repairs under 23 U.S.C. 125.
    (6) Acquisition of scenic easements.
    (7) Alterations to facilities to make them accessible for the 
elderly or handicapped.
    (8) Resurfacing a highway without adding to the existing width.
    (9) Rehabilitation, reconstruction or replacement of an existing 
bridge structure on essentially the same alignment or location (e.g., 
widening, adding shoulders or safety lanes, walkways, bikeways or 
guardrails).
    (10) Approvals for changes in access control within existing right-
of-ways.
    (11) Road construction within an existing right-of-way which has 
already been acquired for a HUD housing project and for which earlier 
NEPA analysis has already been prepared.
    M. Other.
    (1) Data gathering activities such as inventories, soil and range 
surveys, timber cruising, geological, geophysical, archeological, 
paleontological and cadastral surveys.
    (2) Establishment of non-disturbance environmental quality 
monitoring programs and field monitoring stations including testing 
services.
    (3) Actions where BIA has concurrence or co-approval with another 
Bureau and the action is categorically excluded for that Bureau.
    (4) Approval of an Application for Permit to Drill for a new water 
source or observation well.
    (5) Approval of conversion of an abandoned oil well to a water well 
if water facilities are established only near the well site.
    (6) Approval and issuance of permits under the Archaeological 
Resources Protection Act (16 U.S.C. 470aa-ll) when the permitted 
activity is being done as a part of an action for which a NEPA analysis 
has been, or is being prepared.
    (7) Approval of leases, easements or funds for single-family 
homesites and associated improvements, including but not limited to, 
construction of homes, outbuildings, access roads, and utility lines, 
which encompass five acres or less of contiguous land, provided that 
such sites and associated improvements do not adversely affect any 
tribal

[[Page 9538]]

cultural resources or historic properties and are in compliance with 
applicable federal and tribal laws. Home construction may include up to 
four dwelling units, whether in a single building or up to four 
separate buildings.

III. Comments Invited

    The BIA encourages interested persons to submit written comments on 
any BIA CATEX. For example, comments may address keeping, revising, or 
deleting current CATEXS and suggest new CATEXS for consideration. 
Persons submitting information should include their name, address, and 
other appropriate contact information. Before including such personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so. You may 
submit your information by one of the means listed under ADDRESSES. If 
you submit information by mail or hand delivery, submit them in an 
unbound format, no larger than 8 \1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit information by mail and 
would like to know it was received, please enclose a stamped, self-
addressed postcard or envelope. The BIA will consider all comments 
received during the comment period.

    Dated: January 24, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the 
Authority of the Assistant Secretary--Indian Affairs.
[FR Doc. 2018-04513 Filed 3-5-18; 8:45 am]
 BILLING CODE 4337-15-P



                                                                               Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices                                             9535

                                                any previous mortgage loan sale of                        (a) Serviced or held such reverse                   DATES:  Comments and related material
                                                HUD;                                                    mortgage loan at any time during the                  must be postmarked no later than May
                                                   6. An employee of HUD’s Office of                    six-month period prior to the bid; or                 7, 2018.
                                                Housing, a member of such employee’s                      (b) is any principal of any entity or               ADDRESSES: Please submit your
                                                household, or an entity owned or                        individual described in the preceding                 comments by only one of the following
                                                controlled by any such employee or                      sentence;                                             means: (1) By mail to: Dr. BJ Howerton,
                                                member of such an employee’s                              (c) any employee or subcontractor of                MBA, Branch Chief Environmental and
                                                household with household to be                          such entity or individual during that                 Cultural Resource Management C/O
                                                inclusive of the employee’s father,                     six-month period; or                                  Department of the Interior, 12220
                                                mother, stepfather, stepmother, brother,                  (d) any entity or individual that                   Sunrise Valley Drive, Reston, VA 20192;
                                                sister, stepbrother, stepsister, son,                   employs or uses the services of any                   or (2) by email to: bj.howerton@bia.gov.
                                                daughter, stepson, stepdaughter,                        other entity or individual described in               Please put ‘‘CATEX’’ in the subject line.
                                                grandparent, grandson, granddaughter,                   this paragraph in preparing its bid on                FOR FURTHER INFORMATION CONTACT: Dr.
                                                father-in-law, mother-in-law, brother-in-               such reverse mortgage loan.                           BJ Howerton, (703) 390–6524, email:
                                                law, sister-in-law, son-in-law, daughter-               Freedom of Information Act Requests                   bj.howerton@bia.gov.
                                                in-law, first cousin, the spouse of any of                                                                    SUPPLEMENTARY INFORMATION:
                                                the foregoing, and the employee’s                         HUD reserves the right, in its sole and
                                                spouse;                                                 absolute discretion, to disclose                      I. Background
                                                                                                        information regarding HVLS 2018–1,                       The NEPA requires Federal agencies
                                                   7. A contractor, subcontractor and/or
                                                                                                        including, but not limited to, the                    to consider the potential environmental
                                                consultant or advisor (including any
                                                                                                        identity of any successful qualified                  consequences of their decisions before
                                                agent, employee, partner, director, or
                                                                                                        bidder and its bid price or bid                       deciding whether and how to proceed.
                                                principal of any of the foregoing) who
                                                                                                        percentage for any pool of loans or                   The Council on Environmental Quality
                                                performed services for or on behalf of
                                                                                                        individual loan, upon the closing of the              (CEQ) encourages Federal agencies to
                                                HUD in connection with the sale;
                                                                                                        sale of all the Mortgage Loans. Even if               use CATEXs to protect the environment
                                                   8. An individual or entity that                      HUD elects not to publicly disclose any
                                                knowingly acquired or will acquire                                                                            more efficiently by: (a) Reducing the
                                                                                                        information relating to SFLS 2018–1,                  resources spent analyzing proposals
                                                prior to the sale date material non-                    HUD will disclose any information that
                                                public information, other than that                                                                           which generally do not have potentially
                                                                                                        HUD is obligated to disclose pursuant to              significant environmental impacts, and
                                                information which is made available to                  the Freedom of Information Act and all
                                                Bidder by HUD pursuant to the terms of                                                                        (b) focusing resources on proposals that
                                                                                                        regulations promulgated thereunder.                   may have significant environmental
                                                this Qualification Statement, about
                                                mortgage loans offered in the sale;                     Scope of Notice                                       impacts. The appropriate use of
                                                   9. An individual or entity that                                                                            CATEXs allow the NEPA review to be
                                                                                                          This notice applies to HVLS 2018–1
                                                knowingly uses the services, directly or                                                                      concluded without preparing either an
                                                                                                        and does not establish HUD’s policy for
                                                indirectly, of any person or entity                                                                           environmental assessment (EA) or an
                                                                                                        the sale of other mortgage loans.
                                                ineligible under 1 through 10 to assist                                                                       environmental impact statement (EIS)
                                                                                                          Dated: February 23, 2018.                           (40 CFR 1500.4(p) and § 1508.4).
                                                in preparing any of its bids on the
                                                mortgage loans;
                                                                                                        Dana T. Wade,                                            The CEQ regulations implementing
                                                                                                        General Deputy Assistant Secretary for                NEPA define CATEXs as a category of
                                                   10. An individual or entity which                    Housing.                                              actions that do not individually or
                                                knowingly employs or uses the services                  [FR Doc. 2018–04528 Filed 3–5–18; 8:45 am]            cumulatively have a significant effect on
                                                of an employee of HUD’s Office of                                                                             the human environment, and for which,
                                                                                                        BILLING CODE 4210–67–P
                                                Housing (other than in such employee’s                                                                        therefore, neither an EA nor an EIS is
                                                official capacity); or                                                                                        required. (40 CFR 1508.4). The CEQ
                                                   The Qualification Statement has                                                                            regulations encourage the use of
                                                additional representations and                          DEPARTMENT OF THE INTERIOR
                                                                                                                                                              CATEXs to reduce unnecessary
                                                warranties which the prospective bidder                 Bureau of Indian Affairs                              paperwork and delays. A CATEX is a
                                                must make, including but not limited to                                                                       form of NEPA compliance; it is not an
                                                the representation and warranty that the                [189A2100DD/AAKC001030/                               exemption from NEPA, but an
                                                prospective bidder or its Related                       A0A501010.999900 253G]                                exemption from requirements to prepare
                                                Entities are not and will not knowingly                                                                       an EIS. Agency procedures must
                                                use the services, directly or indirectly,               Updates to Bureau of Indian Affairs
                                                                                                        Categorical Exclusions Under the                      consider ‘‘extraordinary circumstances,’’
                                                of any person or entity that is, any of the                                                                   in which case a normally excluded
                                                following (and to the extent that any                   National Environmental Policy Act
                                                                                                                                                              action may have a significant effect and
                                                such individual or entity would prevent                 AGENCY:   Bureau of Indian Affairs,                   require preparation of an EA or EIS.
                                                the prospective bidder from making the                  Interior.                                                The Department of the Interior
                                                following representations, such                         ACTION: Notice of proposed action and                 (Interior) has established CATEXs at 43
                                                individual or entity has been removed                   request for comments.                                 CFR 46.210. In addition, BIA has
                                                from participation in all activities                                                                          bureau-specific CATEXs. The most
                                                related to this sale and has no ability to              SUMMARY:   The Bureau of Indian Affairs               recent CATEXs BIA established were
                                                influence or control individuals                        (BIA) is proposing to amend its                       three based on CATEXs currently used
sradovich on DSK3GMQ082PROD with NOTICES




                                                involved in formation of a bid for this                 categorical exclusions (CATEXs) under                 by the United States Forest Service (FS),
                                                sale):                                                  the National Environmental Policy Act                 as described in FS regulations 36 CFR
                                                   (1) An entity or individual is                       of 1969 (NEPA) for certain BIA actions                220, and by the Bureau of Land
                                                ineligible to bid on any included reverse               and is seeking comment. The BIA is                    Management (BLM), as described the
                                                mortgage loan or on the pool containing                 requesting comment on whether to                      Departmental Manual, 516 DM 11. The
                                                such reverse mortgage loan because it is                revise or delete any current CATEXs or                BIA relied on the experience of the FS
                                                an entity or individual that:                           add any new CATEXs.                                   and BLM and applied its expertise to


                                           VerDate Sep<11>2014   21:39 Mar 05, 2018   Jkt 244001   PO 00000   Frm 00062   Fmt 4703   Sfmt 4703   E:\FR\FM\06MRN1.SGM   06MRN1


                                                9536                           Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices

                                                benchmark these CATEXs and                              categorical exclusions, or for programs                  (5) Approval of Fire Management
                                                determined these are appropriate to                     in which environmental impacts are                    Planning Analysis detailing emergency
                                                establish as BIA CATEXs. Because these                  adequately addressed in earlier NEPA                  fire suppression activities.
                                                CATEXs have important implications                      analysis.                                                (6) Approval of emergency forest and
                                                for actions occurring on Indian lands,                     (2) Self-Governance compacts for BIA               range rehabilitation plans when limited
                                                the BIA initiated consultation and                      programs which are listed as categorical              to environmental stabilization on less
                                                requested comments from all federally                   exclusions or for programs in which                   than 10,000 acres and not including
                                                recognized Tribes. This consultation                    environmental impacts are adequately                  approval of salvage sales of damaged
                                                period began on July 23, 2014, and                      addressed in earlier NEPA analysis.                   timber.
                                                concluded on September 21, 2014. A                         F. Rights-of-Way.                                     (7) Approval of forest stand
                                                notice published in the Federal Register                   (1) Rights-of-Way inside another right-            improvement projects of less than 2000
                                                on November 14, 2014 (79 FR 68287)                      of-way, or amendments to rights-of-way                acres when in compliance with policies
                                                solicited public comments for that                      where no deviations from or additions                 and guidelines established by a current
                                                CATEX and ultimately, BIA adopted the                   to the original right-of-way are involved             management plan addressed in earlier
                                                forestry CATEXs. See 80 FR 8098 (Feb.                   and where there is an existing NEPA                   NEPA analysis.
                                                13, 2015).                                              analysis covering the same or similar                    (8) Approval of timber management
                                                  This notice provides information on                   impacts in the right-of-way area.                     access skid trail and logging road
                                                current BIA CATEXs and requests                            (2) Service line agreements to an                  construction when consistent with
                                                comment.                                                individual residence, building or well                policies and guidelines established by a
                                                                                                        from an existing facility where                       current management plan addressed in
                                                II. Current BIA CATEXs                                                                                        earlier NEPA analysis.
                                                                                                        installation will involve no clearance of
                                                   Most of the current BIA CATEXs                       vegetation from the right-of-way other                   (9) Approval of prescribed burning
                                                reside in the Departmental Manual in                    than for placement of poles, signs                    plans of less than 2000 acres when in
                                                Part 516 Chapter 10: Managing the                       (including highway signs), or buried                  compliance with policies and guidelines
                                                NEPA Process—Bureau of Indian                           power/cable lines.                                    established by a current management
                                                Affairs. The majority of those exclusions                  (3) Renewals, assignments and                      plan addressed in earlier NEPA
                                                in section 10.5 have an effective date of               conversions of existing rights-of-way                 analysis.
                                                May 27, 2004. In addition, a CATEX for                                                                           (10) Approval of forestation projects
                                                                                                        where there would be essentially no
                                                single family homesites at section                                                                            with native species and associated
                                                                                                        change in use and continuation would
                                                10.5(M)(7), became effective August 10,                                                                       protection and site preparation activities
                                                                                                        not lead to environmental degradation.
                                                2012. See 77 FR 47862. Most recently,                                                                         on less than 2000 acres when consistent
                                                                                                           G. Minerals.
                                                CATEXs for forestry activities at                                                                             with policies and guidelines established
                                                                                                           (1) Approval of permits for geologic
                                                Sections 10.5(H)(11), (12), and (13),                                                                         by a current management plan
                                                                                                        mapping, inventory, reconnaissance and
                                                became effective February 13, 2015. See                                                                       addressed in earlier NEPA analysis.
                                                                                                        surface sample collecting.                               (11) Harvesting live trees not to
                                                80 FR 8098. All of these CATEXs                            (2) Approval of unitization
                                                currently in effect are listed below:                                                                         exceed 70 acres, requiring no more than
                                                                                                        agreements, pooling or communitization                0.5 mile of temporary road construction.
                                                   10.5 Categorical Exclusions.
                                                                                                        agreements.                                           Such activities:
                                                   A. Operation, Maintenance, and
                                                Replacement of Existing Facilities.                        (3) Approval of mineral lease                         (a) Shall not include even-aged
                                                Examples are normal renovation of                       adjustments and transfers, including                  regeneration harvests or vegetation type
                                                buildings, road maintenance and                         assignments and subleases.                            conversions.
                                                limited rehabilitation of irrigation                       (4) Approval of royalty                               (b) May include incidental removal of
                                                structures.                                             determinations such as royalty rate                   trees for landings, skid trails, and road
                                                   B. Transfer of Existing Federal                      adjustments of an existing lease or                   clearing.
                                                Facilities to Other Entities. Transfer of               contract agreement.                                      (c) May include temporary roads
                                                existing operation and maintenance                         H. Forestry.                                       which are defined as roads authorized
                                                activities of Federal facilities to tribal                 (1) Approval of free-use cutting,                  by contract, permit, lease, other written
                                                groups, water user organizations, or                    without permit, to Indian owners for on-              authorization, or emergency operation
                                                other entities where the anticipated                    reservation personal use of forest                    not intended to be part of the BIA or
                                                operation and maintenance activities are                products, not to exceed 2,500 feet board              Tribal transportation systems and not
                                                in a signed contract, follow BIA policy,                measure when cutting will not                         necessary for long-term resource
                                                and no change in operations or                          adversely affect associated resources                 management. Temporary roads shall be
                                                maintenance is anticipated.                             such as riparian zones, areas of special              designed to standards appropriate for
                                                   C. Human Resources Programs.                         significance, etc.                                    the intended uses, considering safety,
                                                Examples are social services, education                    (2) Approval and issuance of cutting               cost of transportation, and impacts on
                                                services, employment assistance, tribal                 permits for forest products not to exceed             land and resources; and
                                                operations, law enforcement and credit                  $5,000 in value.                                         (d) Shall require the treatment of
                                                and financing activities not related to                    (3) Approval and issuance of paid                  temporary roads constructed or used so
                                                development.                                            timber cutting permits or contracts for               as to permit the reestablishment by
                                                   D. Administrative Actions and Other                  products valued at less than $25,000                  artificial or natural means, of vegetative
                                                Activities Relating to Trust Resources.                 when in compliance with policies and                  cover on the roadway and areas where
                                                                                                        guidelines established by a current                   the vegetative cover was disturbed by
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                                                Examples are: Management of trust
                                                funds (collection and distribution),                    management plan addressed in earlier                  the construction or use of the road, as
                                                budget, finance, estate planning, wills                 NEPA analysis.                                        necessary to minimize erosion from the
                                                and appraisals.                                            (4) Approval of annual logging plans               disturbed area. Such treatment shall be
                                                   E. Self-Determination and Self-                      when in compliance with policies and                  designed to reestablish vegetative cover
                                                Governance.                                             guidelines established by a current                   as soon as practicable, but at least
                                                   (1) Self-Determination Act contracts                 management plan addressed in earlier                  within 10 years after the termination of
                                                and grants for BIA programs listed as                   NEPA analysis.                                        the contract.


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                                                                               Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices                                              9537

                                                   Examples include, but are not limited                   (c) May include temporary roads                       (2) Construction of bicycle and
                                                to:                                                     which are defined as roads authorized                 pedestrian lanes and paths adjacent to
                                                   (a) Removing individual trees for                    by contract, permit, lease, other written             existing highways and within the
                                                sawlogs, specialty products, or                         authorization, or emergency operation                 existing rights-of-way.
                                                fuelwood.                                               not intended to be part of the BIA or                    (3) Activities included in a ‘‘highway
                                                   (b) Commercial thinning of                           tribal transportation systems and not                 safety plan’’ under 23 CFR 402.
                                                overstocked stands to achieve the                       necessary for long-term resource                         (4) Installation of fencing, signs,
                                                desired stocking level to increase health               management. Temporary roads shall be                  pavement markings, small passenger
                                                and vigor.                                              designed to standards appropriate for                 shelters, traffic signals, and railroad
                                                   (12) Salvaging dead or dying trees not               the intended uses, considering safety,                warning devices where no substantial
                                                to exceed 250 acres, requiring no more                  cost of transportation, and impacts on                land acquisition or traffic disruption
                                                than 0.5 mile of temporary road                         land and resources; and                               will occur.
                                                construction. Such activities:                             (d) Shall require the treatment of                    (5) Emergency repairs under 23 U.S.C.
                                                   (a) May include incidental removal of                temporary roads constructed or used so                125.
                                                live or dead trees for landings, skid                   as to permit the reestablishment, by                     (6) Acquisition of scenic easements.
                                                trails, and road clearing.                              artificial or natural means, of vegetative               (7) Alterations to facilities to make
                                                   (b) May include temporary roads                      cover on the roadway and areas where                  them accessible for the elderly or
                                                which are defined as roads authorized                   the vegetative cover was disturbed by                 handicapped.
                                                by contract, permit, lease, other written               the construction or use of the road, as                  (8) Resurfacing a highway without
                                                authorization, or emergency operation                   necessary to minimize erosion from the                adding to the existing width.
                                                                                                        disturbed area. Such treatment shall be                  (9) Rehabilitation, reconstruction or
                                                not intended to be part of the BIA or
                                                                                                        designed to reestablish vegetative cover              replacement of an existing bridge
                                                Tribal transportation systems and not
                                                                                                        as soon as practicable, but at least                  structure on essentially the same
                                                necessary for long-term resource
                                                                                                        within 10 years after the termination of              alignment or location (e.g., widening,
                                                management. Temporary roads shall be
                                                                                                        the contract.                                         adding shoulders or safety lanes,
                                                designed to standards appropriate for
                                                                                                           Examples include, but are not limited              walkways, bikeways or guardrails).
                                                the intended uses, considering safety,
                                                                                                        to:                                                      (10) Approvals for changes in access
                                                cost of transportation, and impacts on
                                                                                                                                                              control within existing right-of-ways.
                                                land and resources; and                                    (a) Felling and harvesting trees
                                                                                                                                                                 (11) Road construction within an
                                                   (c) Shall require the treatment of                   infested with mountain pine beetles and
                                                                                                                                                              existing right-of-way which has already
                                                temporary roads constructed or used so                  immediately adjacent uninfested trees to
                                                                                                                                                              been acquired for a HUD housing
                                                as to permit the reestablishment, by                    control expanding spot infestations (a
                                                                                                                                                              project and for which earlier NEPA
                                                artificial or natural means, of vegetative              buffer) and
                                                                                                                                                              analysis has already been prepared.
                                                cover on the roadway and areas where                       (b) Removing or destroying trees                      M. Other.
                                                the vegetative cover was disturbed by                   infested or infected with a new exotic                   (1) Data gathering activities such as
                                                the construction or use of the road, as                 insect or disease, such as emerald ash                inventories, soil and range surveys,
                                                necessary to minimize erosion from the                  borer, Asian longhorned beetle, or                    timber cruising, geological, geophysical,
                                                disturbed area. Such treatment shall be                 sudden oak death pathogen.                            archeological, paleontological and
                                                designed to reestablish vegetative cover                   I. Land Conveyance and Other                       cadastral surveys.
                                                as soon as practicable, but at least                    Transfers. Approvals or grants of                        (2) Establishment of non-disturbance
                                                within 10 years after the termination of                conveyances and other transfers of                    environmental quality monitoring
                                                the contract.                                           interests in land where no change in                  programs and field monitoring stations
                                                   (d) For this CE, a dying tree is defined             land use is planned.                                  including testing services.
                                                as a standing tree that has been severely                  J. Reservation Proclamations. Lands                   (3) Actions where BIA has
                                                damaged by forces such as fire, wind,                   established as or added to a reservation              concurrence or co-approval with
                                                ice, insects, or disease, such that in the              pursuant to 25 U.S.C. 467, where no                   another Bureau and the action is
                                                judgment of an experienced forest                       change in land use is planned.                        categorically excluded for that Bureau.
                                                professional or someone technically                        K. Waste Management.                                  (4) Approval of an Application for
                                                trained for the work, the tree is likely to                (1) Closure operations for solid waste             Permit to Drill for a new water source
                                                die within a few years.                                 facilities when done in compliance with               or observation well.
                                                   Examples include, but are not limited                other federal laws and regulations and                   (5) Approval of conversion of an
                                                to:                                                     where cover material is taken from                    abandoned oil well to a water well if
                                                   (a) Harvesting a portion of a stand                  locations which have been approved for                water facilities are established only near
                                                damaged by a wind or ice event.                         use by earlier NEPA analysis.                         the well site.
                                                   (b) Harvesting fire damaged trees.                      (2) Activities involving remediation of               (6) Approval and issuance of permits
                                                   (13) Commercial and noncommercial                    hazardous waste sites if done in                      under the Archaeological Resources
                                                sanitation harvest of trees to control                  compliance with applicable federal laws               Protection Act (16 U.S.C. 470aa-ll) when
                                                insects or disease not to exceed 250                    such as the Resource Conservation and                 the permitted activity is being done as
                                                acres, requiring no more than 0.5 miles                 Recovery Act (Pub. L. 94–580),                        a part of an action for which a NEPA
                                                of temporary road construction. Such                    Comprehensive Environmental                           analysis has been, or is being prepared.
                                                activities:                                             Response, Compensation, and Liability                    (7) Approval of leases, easements or
                                                   (a) May include removal of infested/                 Act (Pub. L. 96–516) or Toxic                         funds for single-family homesites and
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                                                infected trees and adjacent live                        Substances Control Act (Pub. L. 94–                   associated improvements, including but
                                                uninfested/uninfected trees as                          469).                                                 not limited to, construction of homes,
                                                determined necessary to control the                        L. Roads and Transportation.                       outbuildings, access roads, and utility
                                                spread of insects or disease and                           (1) Approval of utility installations              lines, which encompass five acres or
                                                   (b) May include incidental removal of                along or across a transportation facility             less of contiguous land, provided that
                                                live or dead trees for landings, skid                   located in whole within the limits of the             such sites and associated improvements
                                                trails, and road clearing.                              roadway right-of-way.                                 do not adversely affect any tribal


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                                                9538                           Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices

                                                cultural resources or historic properties               subsurface estates in certain lands to                transmitted by facsimile will not be
                                                and are in compliance with applicable                   Calista Corporation, an Alaska Native                 accepted as timely filed.
                                                federal and tribal laws. Home                           regional corporation, pursuant to the
                                                                                                                                                              Chelsea Kreiner,
                                                construction may include up to four                     Alaska Native Claims Settlement Act of
                                                dwelling units, whether in a single                     1971, as amended (ANCSA).                             Land Law Examiner, Adjudication Section.
                                                building or up to four separate                                                                               [FR Doc. 2018–04474 Filed 3–5–18; 8:45 am]
                                                                                                        DATES:  Any party claiming a property
                                                buildings.                                              interest in the lands affected by the
                                                                                                                                                              BILLING CODE 4310–JA–P

                                                III. Comments Invited                                   decision may appeal the decision in
                                                                                                        accordance with the requirements of 43                DEPARTMENT OF THE INTERIOR
                                                   The BIA encourages interested
                                                                                                        CFR part 4 within the time limits set out
                                                persons to submit written comments on
                                                                                                        in the SUPPLEMENTARY INFORMATION                      Bureau of Land Management
                                                any BIA CATEX. For example,
                                                                                                        section.
                                                comments may address keeping,                                                                                 [LLCAD01000 L12200000.PM0000
                                                revising, or deleting current CATEXS                    ADDRESSES:  You may obtain a copy of                  18XL1109AF]
                                                and suggest new CATEXS for                              the decision from the Bureau of Land
                                                consideration. Persons submitting                       Management, Alaska State Office, 222                  Meetings of the Dumont Dunes
                                                information should include their name,                  West Seventh Avenue, #13, Anchorage,                  Subgroup of the California Desert
                                                address, and other appropriate contact                  Alaska 99513–7504.                                    District Advisory Council, CA
                                                information. Before including such                      FOR FURTHER INFORMATION CONTACT:                      AGENCY:   Bureau of Land Management,
                                                personal identifying information in your                Chelsea Kreiner, BLM Alaska State                     Interior.
                                                comment, you should be aware that                       Office, 907–271–4205, or ckreiner@
                                                your entire comment—including your                                                                            ACTION: Notice of public meetings.
                                                                                                        blm.gov. The BLM Alaska State Office
                                                personal identifying information—may                    may also be contacted via                             SUMMARY:   In accordance with the
                                                be made publicly available at any time.                 Telecommunications Device for the Deaf                Federal Land Policy and Management
                                                While you can ask us in your comment                    (TDD) through the Federal Relay Service               Act of 1976, the Federal Advisory
                                                to withhold your personal identifying                   at 1–800–877–8339. The relay service is               Committee Act of 1972, and the Federal
                                                information from public review, we                      available 24 hours a day, 7 days a week,              Lands Recreation Enhancement Act of
                                                cannot guarantee that we will be able to                to leave a message or question with the               2004 (REA), the U.S. Department of the
                                                do so. You may submit your information                  BLM. The BLM will reply during                        Interior, Bureau of Land Management
                                                by one of the means listed under                        normal business hours.                                (BLM) Dumont Dunes Subgroup of the
                                                ADDRESSES. If you submit information
                                                                                                        SUPPLEMENTARY INFORMATION:       As                   California Desert District Advisory
                                                by mail or hand delivery, submit them                                                                         Council (DAC) will meet as indicated
                                                in an unbound format, no larger than                    required by 43 CFR 2650.7(d), notice is
                                                                                                        hereby given that the BLM will issue an               below.
                                                8 1⁄2 by 11 inches, suitable for copying
                                                and electronic filing. If you submit                    appealable decision to Calista                        DATES:  The BLM’s Dumont Dunes
                                                information by mail and would like to                   Corporation. The decision approves                    Subgroup of the California DAC will
                                                know it was received, please enclose a                  conveyance of the surface and                         hold public meetings on March 24,
                                                stamped, self-addressed postcard or                     subsurface estates in certain lands                   2018, from 12:00 p.m. to 2:30 p.m., and
                                                envelope. The BIA will consider all                     pursuant to ANCSA (43 U.S.C. 1601, et                 on September 18, 2018, from 12:00 p.m.
                                                comments received during the comment                    seq.), as amended. The lands are located              to 2:30 p.m.
                                                period.                                                 within the Yukon Delta National                       ADDRESSES: The meetings will be held at
                                                                                                        Wildlife Refuge, and aggregate 122.49                 the Barstow Field Office, 2601 Barstow
                                                  Dated: January 24, 2018.
                                                                                                        acres. The BLM will also publish the                  Rd., Barstow, CA 92311.
                                                John Tahsuda,                                           notice of the decision once a week for
                                                Principal Deputy Assistant Secretary—Indian                                                                   FOR FURTHER INFORMATION CONTACT:
                                                                                                        four consecutive weeks in The Delta                   Katrina Symons, BLM Barstow Field
                                                Affairs, Exercising the Authority of the                Discovery newspaper.
                                                Assistant Secretary—Indian Affairs.                                                                           Office, email: ksymons@blm.gov,
                                                                                                           Any party claiming a property interest             telephone: 760–252–6000. Persons who
                                                [FR Doc. 2018–04513 Filed 3–5–18; 8:45 am]
                                                                                                        in the lands affected by the decision                 use a telecommunications device for the
                                                BILLING CODE 4337–15–P
                                                                                                        may appeal the decision in accordance                 deaf (TDD) may call the Federal Relay
                                                                                                        with the requirements of 43 CFR part 4                Service (FRS) at 1–800–877–8339 to
                                                DEPARTMENT OF THE INTERIOR                              within the following time limits:                     contact the above individual during
                                                                                                           1. Unknown parties, parties unable to              normal business hours. The FRS is
                                                Bureau of Land Management                               be located after reasonable efforts have              available 24 hours a day, 7 days a week,
                                                                                                        been expended to locate, parties who                  to leave a message or question with the
                                                [AA–9381, AA–9414, AA–9415, AA–9419,
                                                AA–9420, AA–9429, AA–9430, AA–9437,                     fail or refuse to sign their return receipt,          above individual. You will receive a
                                                AA–9699, AA–9722; 18X.LLAK944000.                       and parties who receive a copy of the                 reply during normal hours.
                                                L14100000.HY0000.P]                                     decision by regular mail which is not                 SUPPLEMENTARY INFORMATION: The
                                                                                                        certified, return receipt requested, shall            Dumont Dunes Subgroup operates
                                                Alaska Native Claims Selection                          have until April 5, 2018 to file an                   under the authority of the DAC and
                                                                                                        appeal.                                               provides input to the BLM regarding
                                                AGENCY:   Bureau of Land Management,
                                                                                                           2. Parties receiving service of the                issues pertinent to the Dumont Dunes
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                                                Interior.
                                                                                                        decision by certified mail shall have 30              Off-Highway Vehicle Area. Meetings are
                                                ACTION: Notice.
                                                                                                        days from the date of receipt to file an              open to the public. Proposed agenda
                                                SUMMARY:  The Bureau of Land                            appeal.                                               items for the two public meetings
                                                Management (BLM) hereby provides                           Parties who do not file an appeal in               include holiday volunteer scheduling
                                                constructive notice that it will issue an               accordance with the requirements of 43                and BLM updates on management of the
                                                appealable decision approving                           CFR part 4 shall be deemed to have                    Area, according to the principles of
                                                conveyance of the surface and                           waived their rights. Notices of appeal                multiple use and sustained yield. The


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Document Created: 2018-11-01 08:48:52
Document Modified: 2018-11-01 08:48:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of proposed action and request for comments.
DatesComments and related material must be postmarked no later than May 7, 2018.
ContactDr. BJ Howerton, (703) 390-6524, email: [email protected]
FR Citation83 FR 9535 

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