[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Notices]
[Pages 84928-84932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24738]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[BLM_HQ_FRN_MO4500180157]


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

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of revisions.

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SUMMARY: This notice announces revisions to the Bureau of Land 
Management's (BLM) procedures for compliance with the National 
Environmental Policy Act (NEPA), as amended, which remove four 
administratively established categorical exclusions (CXs) and 
incorporate two CXs statutorily created by Congress.

DATES: The revisions are incorporated into BLM's NEPA procedures, 
located at chapter 11 of part 516 of the Departmental Manual (516 DM 
11), effective October 24, 2024.

ADDRESSES: The BLM's NEPA procedures can be found on the Department of 
the Interior's (Department or Interior) Electronic Library of Interior 
Policies (ELIPS) at: https://www.doi.gov/sites/doi.gov/files/elips/documents/516-dm-11_0.pdf.

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#9af2f8ffe8f4f3ffe8daf8f6f7b4fdf5ec"><span class="__cf_email__" data-cfemail="dbb3b9bea9b5b2bea99bb9b7b6f5bcb4ad">[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 Department is revising the list of BLM 
actions that are categorically excluded from the requirement to 
complete an environmental assessment (EA) or environmental impact 
statement (EIS), unless any extraordinary circumstances exist that make 
application of the categorical exclusion (CX) inappropriate (42 U.S.C. 
4336e(1); 40 CFR 1501.4(a); 1508.1(e)).\1\ The BLM's NEPA procedures, 
516 DM 11, were last updated December 10, 2020.
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    \1\ On May 1, 2024, CEQ issued a final rule to amend its NEPA 
implementing regulations, which became effective July 1, 2024. 89 FR 
35442 (May 1, 2024). The Department's February 26, 2024, Federal 
Register Notice seeking public comment on these revisions predated 
the CEQ final rule and thus cited to the CEQ regulations in effect 
at the time. 89 FR 14087 (Feb. 26, 2024). The Department has 
determined that the amendments to the CEQ regulations do not have a 
material impact on these revisions, which comply with the 
requirements of CEQ's regulations both before and after the recent 
amendments.
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    With this revision, the Department removes four administrative CXs 
from the BLM's NEPA procedures due to consideration of sound land 
management, legal frameworks, and other factors. The BLM is removing 
the following CXs: 516 DM 11.9 C(10) regarding the salvaging of dead 
and dying trees; 516 DM 11.9 D(10) regarding vegetation management 
activities; 516 DM 11.9 D(11) regarding issuance of livestock grazing 
permits or leases; and 516 DM 11.9 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. The BLM previously discontinued use of these four CXs 
through instruction memoranda (IMs) (available online at https://www.blm.gov/policy/instruction-memorandum). The BLM discontinued use of 
516 DM 11.9 D(10) and 516 DM 11.9 D(11) on August 21, 2009, through IM 
2009-199; discontinued use of 516 DM 11.9 C(10) on August 3, 2022, 
through permanent IM (PIM) 2022-010; and discontinued use of 516 DM 
11.9 J(1) on November 30, 2022, through PIM 2023-002. When proposing 
actions to which these CXs would have applied, the BLM now must assess 
whether another CX applies or whether it will prepare an EA or EIS.
    The Department also is incorporating two CXs statutorily created by 
Congress in the Infrastructure Investment and Jobs Act (Pub. L. 117-58) 
(IIJA) into the BLM NEPA procedures. Section 11318 of the IIJA created 
a CX for issuance of 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 certain conditions described in the 
statute. Section 40806 of the IIJA created a CX for forest management 
activities for the establishment of fuel breaks in forests and other 
wildland vegetation. Because these are statutory CXs, the Department 
does not have the discretion to change their terms. However, before 
applying either of the CXs, the BLM will evaluate the proposed action 
for extraordinary circumstances consistent with Section 40806 of the 
IIJA and 40 CFR 1501.4(b).

Comments on the Proposed Revisions

    The proposed revisions to the BLM's NEPA procedures were available 
for public review and comment for 30 days, beginning with the 
publication of a Federal Register notice on February 26, 2024 (89 FR 
14087). The BLM received 33 comment submissions. Comments were 
submitted by State and local governments, interest groups, and private 
citizens. The BLM received comments both in support of and opposition 
to the proposed revisions. Some comments were beyond the scope of the 
proposal to modify the BLM's NEPA procedures to add and remove CXs and 
included critiques of the BLM's NEPA analysis and management of 
livestock grazing as well as requests to

[[Page 84929]]

coordinate on land use planning decisions.
    On behalf of the Department, the BLM has summarized and provided 
responses to all substantive comments received in this Federal Register 
notice:
    Comment: Commenters generally support the removal of the identified 
CXs from the BLM's NEPA procedures. Many commenters cited the need for 
meaningful NEPA analysis and concerns about improper reliance on CXs as 
support for removing the CXs. For example, some commenters supported 
removing the grazing CXs from the BLM's NEPA procedures to require more 
detailed NEPA analysis and public comment on grazing decisions. Other 
commenters cited specific resource impacts they foresee resulting from 
the activities proposed under the CXs, such as potential adverse 
impacts related to post-disturbance logging that might be exacerbated 
by salvaging of dead and dying trees.
    Response: The BLM will continue to conduct the appropriate NEPA 
review for proposed Federal actions, including, where appropriate, 
application of available CXs, and public involvement, as necessary. The 
BLM will appropriately consider potential adverse effects of the 
proposed activities through the NEPA process whether that is through an 
EA or EIS or consideration of extraordinary circumstances in the 
application of relevant CXs.
    The Department retains the discretion to consider establishing new 
CXs in the future, including ones that would cover activities similar 
to the ones covered by the CXs that the Department is removing through 
this notice. As required by Council on Environmental Quality (CEQ) 
regulations, the Department would seek public comment and consult with 
CEQ on any proposed revisions to the BLM's NEPA procedures, including 
establishment of any new CXs. See 40 CFR 1507.3(b).
    Comment: Some commenters generally oppose the removal of the 
identified CXs due to the loss of efficiencies in the NEPA process and 
the possibility of extended permitting timelines. Commenters claim that 
removal of these CXs will cause an increase in the cost associated with 
implementing activities covered by the CX and has the potential to 
prevent the BLM from managing public lands consistent with the Federal 
Land Policy and Management Act of 1976, as amended (FLPMA).
    Response: The BLM agrees that the appropriate application of CXs 
can create efficiencies in NEPA compliance. Removal of the identified 
CXs does not preclude the BLM from proposing and implementing the kinds 
of activities that would have been covered by these CXs; however, the 
BLM would need to comply with NEPA in ways other than relying on these 
CXs. The BLM disagrees that removing these CXs will prevent the BLM 
from complying with FLPMA. The Department retains the discretion to 
consider establishing new CXs in the future, including ones that would 
cover activities similar to the ones covered by the CXs that the 
Department is removing through this notice.
    Comment: Commenters are concerned that the discontinuance of the 
four CXs proposed for removal from the BLMs NEPA procedures was 
completed through internal guidance (instruction memoranda) and did not 
include any form of public comment. Commenters also request more 
information on the BLM's rationale for the removal of the CXs.
    Response: An IM allows the BLM to communicate internal policies and 
procedures to the field. In contrast, the process now completed by the 
Department modifies the BLM's NEPA procedures, and has included 
coordination with CEQ, publication of proposed changes in the Federal 
Register, and an opportunity for the public to review and comment on 
those proposed changes. Removal of these CXs from the BLM NEPA 
procedures does not preclude the BLM from proposing or implementing the 
kinds of activities that would have been covered by these CXs; however, 
the BLM would need to comply with NEPA in ways other than relying on 
these CXs.
    Comment: One commenter requested that the proposed action of 
modifying the NEPA procedures be consistent with relevant State and 
county resource management plans.
    Response: The Department is not making a land use planning decision 
under section 202 of FLPMA, 43 U.S.C. 1712, which would require it to 
consider consistency with State and local government plans. Instead, 
the Department is modifying NEPA procedures, and has complied with 
CEQ's NEPA regulations at 40 CFR 1507.3(b) requiring consultation with 
CEQ and following an opportunity for public review and comment.
    Comment: One commenter expressed concern that the removal of these 
CXs might discourage the BLM from approving certain actions that States 
or counties seek to encourage, including in their resource management 
plans and other policies.
    Response: The removal of these CXs from the BLM's NEPA procedures 
does not preclude the BLM from proposing and implementing any actions, 
though when doing so, the BLM will need to comply with NEPA through 
means other than reliance on these CXs.
    Comment: One commenter asserted that the BLM is setting precedent 
by basing the rationale for this decision on a settlement agreement 
that occurred in the U.S. District Court for the District of Idaho.
    Response: While the BLM agreed in several stipulated settlement 
agreements to discontinue relying on specific CXs and to propose to 
remove specific CXs from the agency's NEPA procedures, these stipulated 
settlement agreements do not require the Department to update BLM's 
NEPA procedures. Instead, having considered the requirements of sound 
land management, legal frameworks, and other factors--and after 
considering public comments--the Department is now revising BLM's NEPA 
procedures to remove the CXs.
    Comment: Commenters suggested revisions to the text of the CX 
established by the IIJA section 11318 regarding sundry notices or 
right-of-way for gathering lines and associated field compression or 
pumping units on Federal land servicing oil and gas wells.
    Response: This is a statutorily created CX; therefore, neither the 
Department nor the BLM has the discretion to change its terms.
    Comment: Some commenters confused the administratively established 
CX at 516 DM 11.9 D(10), which BLM is removing through this notice, 
with the CX established by the 2015 National Defense Authorization Act, 
Public Law 113-291 (Dec. 19, 2014) for grazing permit and lease 
issuance in certain circumstances, which is found at 516 DM 11.10 B and 
were concerned that the Department proposed to remove this legislative 
CX from the BLM's NEPA procedures. One commenter requested a technical 
edit in 516 DM 11.9 D to refer to the legislative CX for grazing permit 
renewal to help guide the public.
    Response: The legislative CX established by the 2015 National 
Defense Authorization Act, Public Law 113-291 (Dec. 19, 2014) is 
unchanged and remains available for the BLM to rely on as appropriate. 
Reference to that legislative CX remains in the DM and is not affected 
by the revisions to the BLM's NEPA procedures as outlined in this 
Federal Register notice. The BLM declines to make the suggested edit as 
it is inconsistent with the format of the DM.
    Comment: Some commenters disagreed with removal of the CX at 516 DM 
11.9 D(10) regarding issuance of livestock grazing permits or leases

[[Page 84930]]

because the commenters want to retain the ability to renew permits with 
the same terms and conditions and they assert that removal of the CX 
would impede the ability of ranchers to effectively manage rangelands.
    Response: The BLM has several potential options to consider when 
conducting a NEPA review for livestock grazing permit renewals 
notwithstanding the removal of the two CXs from the BLM's NEPA 
procedures. These options include reliance on a legislative CX for 
grazing permit and lease issuance in certain circumstances that was 
established by the 2015 National Defense Authorization Act, Public Law 
113-291 (Dec. 19, 2014), if appropriate. This legislative CX is 
unchanged and remains available for the BLM to rely on to support 
grazing decisions, when appropriate. Reference to that legislative CX 
remains in the BLM's NEPA procedures and is not affected by the 
revisions as outlined in this Federal Register notice. The removal of 
516 DM 11.9 D(10) from the BLM's NEPA procedures does not preclude the 
BLM from proposing and implementing these kinds of activities; however, 
the BLM will need to comply with NEPA using a means other than reliance 
on this CX.
    Comment: Commenters disagreed with the proposal to remove the CX at 
516 DM 11.9 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. Commenters 
expressed concern that removal of the CX will hinder efforts to manage 
land health and reduce wildfire risks in sagebrush-steppe communities.
    Response: The BLM does agree that the activities included in the CX 
at 516 DM 11.9 J(1) can be useful in addressing issues related to the 
management of mule deer and sage grouse habitats. The removal of 516 DM 
11.9 J(1) from the BLM's NEPA procedures does not preclude the BLM from 
proposing and implementing these kinds of activities; however, the BLM 
will need to comply with NEPA using a means other than reliance on this 
CX. For instance, some activities that may have been proposed for 
approval in reliance on this CX may fall within the scope of the 
legislative CX directed by the Agriculture Improvement Act of 2018. 
This legislatively directed CX covers similar vegetation management 
activities carried out for the protection, restoration or improvement 
of greater sage-grouse or mule deer habitat.
    Comment: Commenters asserted a connection between ongoing NEPA 
analysis for management of greater sage-grouse habitat and the removal 
or retention of the vegetation management CXs and would like the 
decision on the CXs to be reserved until after the planning effort for 
greater sage-grouse is complete.
    Response: The BLM notes that some of the CXs removed could have 
supported projects with the potential to address issues related to 
greater sage-grouse habitat management; however, removal of CXs from 
the BLM's NEPA procedures has no bearing on the land use planning 
processes associated with greater sage-grouse habitat management. The 
NEPA analysis for the planning effort does not make any assumptions 
about the level of NEPA review needed to support future activities that 
would implement the land use plans, and removal of these CXs will not 
impact the effectiveness of the plan decisions.
    Comment: Commenters disagree with the proposed removal of the CX at 
516 DM 11.9 C (10) regarding the salvaging of dead and dying trees. 
Commenters requested that the CX be retained to allow efficient removal 
of dead and dying trees to mitigate wildfire risk and address forest 
health.
    Response: BLM agrees that the kinds of activities included in the 
CX at 516 DM 11.9 C(10) can be useful to address wildfire risk and 
forest health issues. The removal of 516 DM 11.9 C(10) from the BLM's 
NEPA procedures does not preclude the BLM from proposing and 
implementing these kinds of activities; however, the BLM will need to 
comply with NEPA using a means other than reliance on this CX.

Amended Text for the Departmental Manual

    Below is the new text of 516 DM Chapter 11, reflecting the addition 
of the statutorily established CXs and deletion of the administrative 
CXs:
* * * * *

11.9 Actions Eligible for a Categorical Exclusion (CX)

* * * * *

C. Forestry

* * * * *
    (10) [Removed]

D. Rangeland Management

* * * * *
    (10) [Removed]
    (11) [Removed]
* * * * *

J. [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 1508.1 for 
issuance of 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 40 
CFR 1501.4(b) and 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; and
    (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.
    (B) Inclusions.--The term ``gathering line and associated field 
compression or pumping unit'' includes a pipeline 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--

[[Page 84931]]

    (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
    (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. 
Application of this CX requires extraordinary circumstances review 
consistent with 40 CFR 1501.4(b), 36 CFR 220.6, and 43 CFR 46.215.
    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

[[Page 84932]]

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

Stephen G. Tryon,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2024-24738 Filed 10-23-24; 8:45 am]
BILLING CODE 4331-27-P


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