[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Notices]
[Pages 14087-14090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03846]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[BLM_HQ_FRN_MO4500176277]


National Environmental Policy Act Implementing Procedures for the 
Bureau of Land Management (516 DM 11)

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of proposed policy revisions.

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SUMMARY: This notice announces the intent to revise the Bureau of Land 
Management's (BLM) policies and procedures for compliance with the 
National Environmental Policy Act (NEPA), as amended, various Executive 
Orders, and the Council on Environmental Quality's NEPA Implementing 
Regulations by proposing to remove four administratively established 
categorical exclusions (CXs) and to incorporate two CXs established by 
Congress.

DATES: Comments must be postmarked no later than March 27, 2024.

ADDRESSES: The public can review the proposed changes to the 
Departmental Manual (DM) online BLM's ePlanning site: https://eplanning.blm.gov/eplanning-ui/home. Comments can be submitted:
    Through the BLM National NEPA Register: https://eplanning.blm.gov/eplanning-ui/home. Follow the instruction at this website.
    By mail: Director (210), Attention: Senior NEPA Lead, P.O. Box 
261117, Lakewood, CO 80226.
    By personal or messenger delivery: Director (210), Attention: 
Senior NEPA Lead, Denver Federal Center, Building 40 (Door W-4), 
Lakewood, CO 80215 DC 20003.

FOR FURTHER INFORMATION CONTACT: Heather Bernier, Division Chief, 
Decision Support, Planning, and NEPA, at (303) 239-3635, or 
<a href="/cdn-cgi/l/email-protection#d4bcb6b1a6babdb1a694b6b8b9fab3bba2"><span class="__cf_email__" data-cfemail="ec848e899e8285899eac8e8081c28b839a">[email protected]</span></a>. Individuals in the United States who are deaf, 
deafblind, hard of hearing, or have a speech disability may dial 711 
(TTY, TDD, or TeleBraille) to access telecommunications relay services 
for contacting Heather Bernier. Individuals outside the United States 
should use the relay services offered within their country to make 
international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: The BLM is proposing to revise its NEPA 
procedures. Specifically, BLM is proposing to revise the list of BLM 
actions that are normally categorically excluded from the requirement 
to

[[Page 14088]]

complete an environmental assessment (EA) or environmental impact 
statement (EIS) absent extraordinary circumstances. The BLM's NEPA 
procedures, located at Chapter 11 of Part 516 of the Departmental 
Manual (516 DM 11), were last updated December 10, 2020. The BLM's 
current procedures can be found on the Department of the Interior's 
(DOI) Electronic Library of Interior Policies (ELIPS) at: https://www.doi.gov/sites/doi.gov/files/elips/documents/516-dm-11_0.pdf.
    The BLM proposes to remove four administrative CXs from its NEPA 
procedures. Given the complexity of land management, legal frameworks, 
and other factors, the BLM is considering the removal of the CXs 
described in 516 DM 11.C(10) regarding the salvaging of dead and dying 
trees; 516 DM 11.D(10) regarding vegetation management activities; 516 
DM 11.D(11) regarding issuance of livestock grazing permits or leases; 
and 516 DM 11.J(1) regarding certain activities within sagebrush and 
sagebrush-steppe plant communities to manage pinyon pine and juniper 
trees for the benefit of mule deer or sage-grouse habitats. Removing 
these CXs would require the BLM to assess whether another CX applies or 
prepare an EA or EIS when proposing actions that would have previously 
been covered by these CXs. BLM previously discontinued use of these CXs 
through instruction memoranda (IM) (available online at https://www.blm.gov/policy/instruction-memorandum). The BLM discontinued use of 
516 DM 11.D(10) and 516 DM 11.D(11) on August 21, 2009, through IM 
2009-199; discontinued use of 516 DM 11.C(10) on August 3, 2022, 
through PIM 2022-010; and discontinued use of 516 DM 11.J(1) on 
November 30, 2022, through PIM 2023-002. The BLM is not presently 
considering modifying the terms of these CXs.
    Additionally, the BLM proposes to incorporate two CXs established 
by Congress in the Infrastructure Investment and Jobs Act (Pub. L. 117-
58). Section 11318 established a CX for sundry notices or rights-of-way 
for gathering lines and associated field compression or pumping units 
on Federal land servicing oil and gas wells under the conditions 
described therein. Section 40806 excludes forest management activities 
for the establishment of fuel breaks in forests and other wildland 
vegetation from preparation of an EA or EIS under NEPA, as described 
therein.
    Below outlines the proposed changes to the text of 516 DM Chapter 
11, reflecting the addition of the statutorily established CXs and 
deletion of the administrative CXs proposed. Because the new CXs were 
established by Congress, the BLM does not have the discretion to change 
their terms. A redline version is available for review at the website 
identified in the ADDRESSES section.

11.9 Actions Eligible for a Categorical Exclusion (CX)

    C. Forestry
    (10) Reserved
    D. Rangeland Management
    (10) Reserved
    (11) Reserved
    J. Habitat Restoration (Reserved)

11.10 Categorical Exclusions Established or Directed by Statute

    D. Section 11318 of the Infrastructure Investment and Jobs Act 
(Pub. L. 117-58) established a CX as defined in 40 CFR part 1508 for 
sundry notices or rights-of-way for gathering lines and associated 
field compression or pumping units on Federal land servicing oil and 
gas wells under the conditions described below. Application of this CX 
requires extraordinary circumstances review consistent with 43 CFR 
46.215.
    Section 11318. CERTAIN GATHERING LINES LOCATED ON FEDERAL LAND AND 
INDIAN LAND of the Infrastructure Investment and Jobs Act provides:
    (a) Definitions.--In this section:
    (1) Federal land.--
    (A) In general.--The term ''Federal land'' means land the title to 
which is held by the United States.
    (B) Exclusions.--The term ''Federal land'' does not include--
    (i) a unit of the National Park System;
    (ii) a unit of the National Wildlife Refuge System;
    (iii) a component of the National Wilderness Preservation System;
    (iv) a wilderness study area within the National Forest System; or
    (v) Indian land
    (2) Gathering line and associated field compression or pumping 
unit.--
    (A) In general.--The term ''gathering line and associated field 
compression or pumping unit'' means--
    (i) a pipeline that is installed to transport oil, natural gas and 
related constituents, or produced water from 1 or more wells drilled 
and completed to produce oil or gas;
    (ii) if necessary, 1 or more compressors or pumps to raise the 
pressure of the transported oil, natural gas and related constituents, 
or produced water to higher pressures necessary to enable the oil, 
natural gas and related constituents, or produced water to flow into 
pipelines and other facilities; and
    (iii) if necessary, cathodic protection ancillary to the line.
    (B) Inclusions.--The term ''gathering line and associated field 
compression or pumping unit'' includes a pipeline and its cathodic 
protection as needed, or associated compression or pumping unit that is 
installed to transport oil or natural gas from a processing plant to a 
common carrier pipeline or facility.
    (C) Exclusions.--The term ''gathering line and associated field 
compression or pumping unit'' does not include a common carrier 
pipeline.
    (3) Indian land.--The term ''Indian land'' means land the title to 
which is held by--
    (A) the United States in trust for an Indian Tribe or an individual 
Indian; or
    (B) an Indian Tribe or an individual Indian subject to a 
restriction by the United States against alienation.
    (4) Produced water.--The term ``produced water'' means water 
produced from an oil or gas well bore that is not a fluid prepared at, 
or transported to, the well site to resolve a specific oil or gas well 
bore or reservoir condition.
    (5) Secretary.--The term ''Secretary'' means the Secretary of the 
Interior.
    (b) Certain Gathering Lines.--
    (1) In general.--Subject to paragraph (2), the issuance of a sundry 
notice or right-of-way for a gathering line and associated field 
compression or pumping unit that is located on Federal land or Indian 
land and that services any oil or gas well may be considered by the 
Secretary to be an action that is categorically excluded (as defined in 
section 1508.1 of title 40, Code of Federal Regulations (as in effect 
on the date of enactment of this Act)) for purposes of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the 
gathering line and associated field compression or pumping unit--
    (A) are within a field or unit for which an approved land use plan 
or an environmental document prepared pursuant to the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed 
transportation of oil, natural gas, or produced water from 1 or more 
oil or gas wells in the field or unit as a reasonably foreseeable 
activity;
    (B) are located adjacent to or within--
    (i) any existing disturbed area; or
    (ii) an existing corridor for a right-of-way; and
    (C) would reduce--
    (i) in the case of a gathering line and associated field 
compression or pumping unit transporting methane, the total quantity of 
methane that would otherwise be vented, flared, or unintentionally 
emitted from the field or unit; or

[[Page 14089]]

    (ii) in the case of a gathering line and associated field 
compression or pumping unit not transporting methane, the vehicular 
traffic that would otherwise service the field or unit.
    (2) Applicability.--Paragraph (1) shall apply to Indian land, or a 
portion of Indian land--
    (A) to which the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) applies; and
    (B) for which the Indian Tribe with jurisdiction over the Indian 
land submits to the Secretary a written request that paragraph (1) 
apply to that Indian land (or portion of Indian land).
    (c) Effect on Other Law.--Nothing in this section--
    (1) affects or alters any requirement--
    (A) relating to prior consent under--
    (i) section 2 of the Act of February 5, 1948 (62 Stat.18, chapter 
45; 25 U.S.C. 324); or
    (ii) section 16(e) of the Act of June 18, 1934 (48 Stat. 987, 
chapter 576; 102 Stat. 2939; 114 Stat. 47; 25 U.S.C. 5123(e)) (commonly 
known as the ``Indian Reorganization Act'');
    (B) under section 306108 of title 54, United States Code; or
    (C) under any other Federal law (including regulations) relating to 
Tribal consent for rights-of-way across Indian land; or
    (2) makes the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) applicable to land to which that Act otherwise would not 
apply.
    E. Section 40806 of the Infrastructure Investment and Jobs Act 
(Pub. L. 117-58) excludes forest management activities for the 
establishment of fuel breaks in forests and other wildland vegetation 
from preparation of an EA or EIS under NEPA, as described below.
    Section 40806. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER 
WILDLAND VEGETATION of the Infrastructure Investment and Jobs Act 
provides:
    (a) DEFINITION OF SECRETARY CONCERNED.--In this section, the term 
``Secretary concerned'' means--
    (1) the Secretary of Agriculture, with respect to National Forest 
System land; and
    (2) the Secretary of the Interior, with respect to public lands (as 
defined in section 103 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702)) administered by the Bureau of Land Management.
    (b) CATEGORICAL EXCLUSION ESTABLISHED.--Forest management 
activities described in subsection (c) are a category of actions 
designated as being categorically excluded from the preparation of an 
environmental assessment or an environmental impact statement under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if 
the categorical exclusion is documented through a supporting record and 
decision memorandum.
    (c) FOREST MANAGEMENT ACTIVITIES DESIGNATED FOR CATEGORICAL 
EXCLUSION.--
    (1) IN GENERAL.--The category of forest management activities 
designated under subsection (b) for a categorical exclusion are forest 
management activities described in paragraph (2) that are carried out 
by the Secretary concerned on public lands (as defined in section 103 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) 
administered by the Bureau of Land Management or National Forest System 
land the primary purpose of which is to establish and maintain linear 
fuel breaks that are--
    (A) up to 1,000 feet in width contiguous with or incorporating 
existing linear features, such as roads, water infrastructure, 
transmission and distribution lines, and pipelines of any length on 
Federal land; and
    (B) intended to reduce the risk of uncharacteristic wildfire on 
Federal land or catastrophic wildfire for an adjacent at-risk 
community.
    (2) ACTIVITIES.--Subject to paragraph (3), the forest management 
activities that may be carried out pursuant to the categorical 
exclusion established under subsection (b) are--
    (A) mowing or masticating;
    (B) thinning by manual and mechanical cutting;
    (C) piling, yarding, and removal of slash or hazardous fuels;
    (D) selling of vegetation products, including timber, firewood, 
biomass, slash, and fenceposts;
    (E) targeted grazing;
    (F) application of--
    (i) pesticide;
    (ii) biopesticide; or
    (iii) herbicide;
    (G) seeding of native species;
    (H) controlled burns and broadcast burning; and
    (I) burning of piles, including jackpot piles.
    (3) EXCLUDED ACTIVITIES.--A forest management activity described in 
paragraph (2) may not be carried out pursuant to the categorical 
exclusion established under subsection (b) if the activity is 
conducted--
    (A) in a component of the National Wilderness Preservation System;
    (B) on Federal land on which the removal of vegetation is 
prohibited or restricted by Act of Congress, Presidential proclamation 
(including the applicable implementation plan), or regulation;
    (C) in a wilderness study area; or
    (D) in an area in which carrying out the activity would be 
inconsistent with the applicable land management plan or resource 
management plan.
    (4) EXTRAORDINARY CIRCUMSTANCES.--The Secretary concerned shall 
apply the extraordinary circumstances procedures under section 220.6 of 
title 36, Code of Federal Regulations (or a successor regulation), in 
determining whether to use a categorical exclusion under subsection 
(b).
    (d) ACREAGE AND LOCATION LIMITATIONS.--Treatments of vegetation in 
linear fuel breaks covered by the categorical exclusion established 
under subsection (b)--
    (1) may not contain treatment units in excess of 3,000 acres;
    (2) shall be located primarily in--
    (A) the wildland-urban interface or a public drinking water source 
area;
    (B) if located outside the wildland-urban interface or a public 
drinking water source area, an area within Condition Class 2 or 3 in 
Fire Regime Group I, II, or III that contains very high wildfire hazard 
potential; or
    (C) an insect or disease area designated by the Secretary concerned 
as of the date of enactment of this Act; and
    (3) shall consider the best available scientific information.
    (e) ROADS.--
    (1) PERMANENT ROADS.--A project under this section shall not 
include the establishment of permanent roads.
    (2) EXISTING ROADS.--The Secretary concerned may carry out 
necessary maintenance and repairs on existing permanent roads for the 
purposes of this section.
    (3) TEMPORARY ROADS.--The Secretary concerned shall decommission 
any temporary road constructed under a project under this section not 
later than 3 years after the date on which the project is completed.
    (f) PUBLIC COLLABORATION.--To encourage meaningful public 
participation during the preparation of a project under this section, 
the Secretary concerned shall facilitate, during the preparation of 
each project--
    (1) collaboration among State and local governments and Indian 
Tribes; and
    (2) participation of interested persons.

(Authority: NEPA, the National Environmental Policy Act of 1969, as 
amended (42 U.S.C. 4321 et seq.); E.O. 11514, March 5, 1970, as 
amended by E.O. 11991,

[[Page 14090]]

May 24, 1977; and CEQ regulations (40 CFR 1500-1508)).

Stephen G. Tryon,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2024-03846 Filed 2-23-24; 8:45 am]
BILLING CODE 4331-27-P


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