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)

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, 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.

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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: 
[email protected]. Please put ``CATEX'' in the subject line.

FOR FURTHER INFORMATION CONTACT: Dr. BJ Howerton, (703) 390-6524, 
email: [email protected].

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