79228 Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices 

254.3 and planning regulations at 36 

CFR 219.13. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning this notice should 

be directed to LeAnn Colburn via U.S. 

postal mail at Dakota Prairie Grasslands 

Supervisors Office, 2000 Miriam Circle, 

Bismarck, ND 58501; via telephone at 

701–989–7304; or via email at 

leann.colburn@usda.gov. 

Individuals who use 

telecommunications devices for the 

hearing impaired may call 711 to reach 

the Telecommunications Relay Service, 

24 hours a day, every day of the year, 

including holidays. 

Keith Lannom, 

Associate Deputy Chief, National Forest 

System. 

[FR Doc. 2024–22153 Filed 9–26–24; 8:45 am] 

BILLING CODE 3411–15–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Adoption of Categorical Exclusions 

Under Section 109 of the National 

Environmental Policy Act 

AGENCY: Forest Service, Agriculture 

(USDA). 

ACTION: Notice of adoption of multiple 

categorical exclusions from the 

Department of the Interior, United 

States Geological Survey. 

SUMMARY: The U.S. Department of 

Agriculture, Forest Service, is adopting 

multiple categorical exclusions from the 

Department of the Interior, United 

States Geological Survey (USGS) listed 

at 516 Departmental Manual 9.5 B, G, H, 

I, K, and P pursuant to section 109 of 

the National Environmental Policy Act 

for future application to Forest Service 

decisions concerning land management 

activities that are similar in nature. This 

notice describes the categories and 

consultation between the agencies. 

DATES: The categorical exclusion 

adoptions take effect on September 27, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Pahlevanpour, Assistant 

Director, Forest Service, Ecosystem 

Management Coordination, by phone at 

771–216–0229 or via email to 

andrea.pahlevanpour@usda.gov. 

Individuals who use 

telecommunications devices for the 

hearing impaired may call 711 to reach 

the Telecommunications Relay Service, 

24 hours a day, every day of the year, 

including holidays. 

SUPPLEMENTARY INFORMATION: 

I. National Environmental Policy Act 

and Categorical Exclusions 

The National Environmental Policy 

Act (NEPA) (42 U.S.C. 4321–4347), as 

amended, requires all Federal agencies 

to consider the environmental impact of 

their proposed actions before deciding 

whether and how to proceed (42 U.S.C. 

4321, 4332). The aims of NEPA are to 

ensure that agencies consider the 

potential environmental effects of their 

proposed actions in their decisionmaking processes and inform and 

involve the public in that process (42 

U.S.C. 4332). NEPA created the Council 

on Environmental Quality, which 

promulgated NEPA implementing 

regulations at 40 Code of Federal 

Regulations (CFR) parts 1500 through 

1508 (Council on Environmental 

Quality regulations). 

To comply with NEPA, agencies 

determine the appropriate level of 

review for a proposed action. Where 

required, these levels of review may be 

documented in an environmental 

impact statement (EIS), an 

environmental assessment (EA), or by 

reliance on a categorical exclusion (CE) 

(40 CFR 1501.3). If a proposed action is 

likely to have significant environmental 

effects, the agency will prepare an EIS 

and document its decision in a record 

of decision (40 CFR 1502, 1505.2). If the 

proposed action is not likely to have 

significant environmental effects or 

where the level of significance is 

unknown, the agency will prepare an 

EA, which involves a more concise 

analysis and process than an EIS (40 

CFR 1501.5). Following preparation of 

an EA, the agency may reach a finding 

of no significant impact if the analysis 

shows that the action will have no 

significant effects (40 CFR 1501.6). If, 

following preparation of an EA, the 

agency finds that the proposed action 

will have significant effects, it will 

prepare an EIS before issuing any 

decision to authorize the action (40 CFR 

1501.6(a)(3)). 

Under NEPA and the Council on 

Environmental Quality’s implementing 

regulations, a Federal agency can 

establish CEs—categories of actions that 

the agency has determined normally do 

not significantly affect the quality of the 

human environment—in its agency 

NEPA procedures 42 U.S.C. 4336(e)(1); 

40 CFR 1501.4, 1507.3(e)(2)(ii), 

1508.1(d). If an agency determines that 

a CE covers a proposed action, the 

agency then evaluates the proposed 

action for any extraordinary 

circumstances in which a normally 

excluded action may have a significant 

effect (40 CFR 1501.4(b)). Responsible 

officials in the Forest Service evaluate 

proposed actions for extraordinary 

circumstances in accordance with the 

Forest Service’s NEPA implementing 

regulations at 36 CFR 220.6. If no 

extraordinary circumstances are found 

or if further analysis determines that the 

extraordinary circumstances do not 

involve the potential for significant 

environmental impacts, the agency may 

rely on the CE to approve the proposed 

action without preparing an EA or an 

EIS (42 U.S.C. 4336(a)(2); 40 CFR 

1501.4). If extraordinary circumstances 

exist, the agency may nonetheless 

categorically exclude the proposed 

action if it determines that there are 

means to avoid the impacts or otherwise 

modify the action sufficient to avoid 

significant effects (40 CFR 1501.4(b)(1)). 

Section 109 of NEPA, enacted as part 

of the Fiscal Responsibility Act of 2023, 

allows a Federal agency to ‘‘adopt a 

categorical exclusion listed in another 

agency’s NEPA procedures for a 

category of proposed agency actions for 

which the categorical exclusion was 

established’’ (42 U.S.C. 4336c). To adopt 

another agency’s categorical exclusion 

under section 109, the adopting agency: 

(1) identifies the relevant categorical 

exclusion listed in another agency’s 

(‘‘establishing agency’’) NEPA 

procedures ‘‘that covers a category of 

proposed actions or related actions’’; (2) 

consults with the establishing agency 

‘‘to ensure that the proposed adoption of 

the categorical exclusion for a category 

of actions is appropriate’’; (3) ‘‘identifies 

to the public the categorical exclusion 

that the [adopting] agency plans to use 

for its proposed actions’’; and (4) 

‘‘documents adoption of the categorical 

exclusion’’ (see 42 U.S.C. 4336c). 

The Forest Service’s NEPA 

procedures are found at 36 CFR 220. 

These procedures address compliance 

with NEPA. The Forest Service 

maintains a list of categorical exclusions 

available at 36 CFR 220.6. Additional 

NEPA policy is found in the Forest 

Service Handbook 1909.15, chapter 10. 

This notice documents the Forest 

Service’s adoption of the USGS 

categorical exclusions 516 Departmental 

Manual 9.5 B, G, H, I, K, and P. 

II. Additional Considerations Related to 

Forest Service Categorical Exclusions 

1. Decision Memo 

The Forest Service requires at 36 CFR 

220.6(e) that, ‘‘A supporting record is 

required and the decision to proceed 

must be documented in a decision 

memo for the categories of action in 

paragraphs (e)(1) through (25) of this 

section.’’ For all the categorical 

exclusions (CEs) adopted in this notice, 

the Forest Service will require a 


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Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices 79229 

decision memo even if the originating 

agency’s NEPA procedures do not 

require it. 

2. Extraordinary Circumstances 

Forest Service NEPA regulations state 

that a CE may only be applied ‘‘if there 

are no extraordinary circumstances 

related to the proposed action’’ and if 

the proposed action is within a CE listed 

within a category as specified in 

regulations (36 CFR 220.6(a)). Forest 

Service NEPA regulations list seven 

resource conditions that ‘‘should be 

considered in determining whether 

extraordinary circumstances related to a 

proposed action warrant further analysis 

and documentation in an EA or an EIS’’ 

(36 CFR 220.6(b)). 

For the CEs adopted from USGS and 

described in this notice, the Forest 

Service will also apply the Department 

of the Interior’s extraordinary 

circumstances criteria set forth in 43 

CFR 46.215(a) through (l), which are 

slightly different from the Forest 

Service’s resource conditions that 

should be considered in evaluating 

extraordinary circumstances. 

III. Consultation With USGS on 

Categorical Exclusion Adoption 

In June 2024 the Forest Service 

conducted consultation with the USGS 

on adoption of their CEs 516 

Departmental Manual 9.5 B, G, H, I, K, 

and P. The USGS and Forest Service 

consultation included a review of USGS 

experience developing and applying the 

CEs, as well as the types of actions for 

which Forest Service plans to utilize the 

CEs. The Forest Service actions would 

be similar to the type of projects for 

which USGS has applied the CEs and 

therefore the effects of Forest Service 

projects will be similar to the effects of 

USGS projects, which are not 

significant, absent extraordinary 

circumstances. Therefore, the Forest 

Service has determined that its 

proposed use of USGS CEs as described 

in this notice is appropriate. 

IV. Identification of USGS Categorical 

Exclusions 

B. Collection of data and samples for 

geologic, palaeontologic, hydrologic, 

mineralogic, geochemical and surface or 

subsurface geophysical investigations, 

and resource evaluation, including 

contracts therefor. 

G. Test or exploration drilling and 

downhole testing, including contracts 

therefor. 

H. Establishment of survey marks, 

placement and operation of field 

instruments, and installation of any 

research/monitoring devices. 

I. Digging and subsequent site 

restoration of exploratory trenches not 

to exceed one acre of surface 

disturbance. 

K. Off-road travel to drilling, data 

collection or observation sites which 

does not impact ecologically sensitive 

areas such as wilderness areas, 

wetlands, or areas of critical habitat for 

listed endangered or threatened species. 

P. Minor activities required to gain or 

prepare access to sites selected for 

completion of exploration drilling 

operations or construction of stations for 

hydrologic, geologic, or geophysical 

data collection. 

Dated: September 23, 2024. 

Jacqueline Emanuel, 

Associate Deputy Chief, National Forest 

System. 

[FR Doc. 2024–22154 Filed 9–26–24; 8:45 am] 

BILLING CODE 3411–15–P 

DEPARTMENT OF AGRICULTURE 

Rural Housing Service 

[Docket No.: RHS–24–MFH–0006] 

Notice of Funds Availability (NOFA) for 

the Multifamily Housing Preservation 

and Revitalization Demonstration 

Program (MPR) and for Section 515 

Subsequent Loans for Preservation 

Activities for the Fiscal Year (FY) 2024 

AGENCY: Rural Housing Service, United 

States Department of Agriculture 

(USDA). 

ACTION: Notice of Funds Availability 

(NOFA). 

SUMMARY: The Rural Housing Service 

(RHS or Agency), a Rural Development 

(RD) agency of the United States 

Department of Agriculture, announces 

that it is inviting applications for the 

Multifamily Housing Preservation and 

Revitalization Demonstration Program 

(MPR) and Section 515 Loan Program. 

These loan and grant funds will be 

made available to qualified applicants 

which may be used to preserve and 

improve existing Rural Rental Housing 

(RRH) and Off-Farm Labor Housing 

(OFF–FLH) projects to extend their 

affordable use. 

DATES: Electronic submissions must be 

received no later than December 26, 

2024, 11:59 p.m. Eastern Time (ET), to 

be eligible for funding under this 

Notice. The applicant must send an 

email message by 12 p.m. ET (noon) on 

December 16, 2024, to the RHS 

Production and Preservation Division 

(see the ADDRESSES section for 

additional information). 

ADDRESSES: All applications made in 

response to this Notice must be 

submitted electronically to the RHS 

Production and Preservation Division, 

Processing and Report Review (PRR) 

Branch using the following process: The 

applicant must send an email message 

by the date and time provided in the 

DATES section to the RHS Production 

and Preservation Division at RD.MPR@

usda.gov. The email message must 

contain the following information: 

Subject line: MPR NOFA Submission. 

Body of email: Applicant Name, 

Project State, Project Name, Project City 

and complete Applicant Contact 

Information (including address, phone 

number, email address to receive 

application submission information). 

Request language: Please provide 

application submission instructions so 

that we may submit our MPR 

application documents. 

Application submission instructions 

will be emailed to all interested 

respondents supplying valid email 

addresses within two (2) business days 

from the date the email of interest is 

received by the Agency. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Bell, Director, Processing and 

Report Review Branches, Production 

and Preservation Division, MFH, RD, 

USDA, via email: MFHprocessing1@

usda.gov or telephone: (202) 205–9217 

for additional information on this 

Notice. 

Persons with disabilities that require 

alternative means of communication for 

program information (e.g., Braille, large 

print, audiotape, American Sign 

Language) may contact the Agency or 

staff office; or the 711 Relay Service. 

SUPPLEMENTARY INFORMATION: Late or 

incomplete applications will not be 

eligible for funding under this Notice. 

Paper applications will not be accepted. 

Applications that are deemed eligible 

but are not selected for further 

processing due to lack of funding will 

be withdrawn from processing. 

Authority 

The Consolidated Appropriations Act, 

2024, Public Law 118–42, authorized 

USDA to conduct a demonstration 

program (i.e., the Multifamily Housing 

Preservation and Revitalization (MPR) 

Demonstration Program) for the 

preservation and revitalization of 

sections 515 (rural rental housing) 

(RRH) and 514 and 516 (off-farm labor 

housing) properties to restructure 

existing USDA multi-family housing 

(MFH) loans expressly to ensure the 

project has sufficient resources to 

provide safe and affordable housing for 

low-income residents and farm laborers 


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