```

[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Notices]
[Pages 4774-4777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01057]

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

DEPARTMENT OF THE INTERIOR

Office of the Secretary

[MO 4500183156]

Notice of Adoption of Categorical Exclusions under Section 109 of 
the National Environmental Policy Act

AGENCY: Office of the Secretary, Interior.

ACTION: Notice.

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

SUMMARY: The Department of the Interior (Department) is notifying the 
public and documenting the adoption of 11 Department of Energy (DOE) 
and 6 National Telecommunications Information Administration (NTIA) 
categorical exclusions (CXs) for use by the Bureau of Land Management 
(BLM) and the Bureau of Indian Affairs (BIA), under section 109 of the 
National Environmental Policy Act (NEPA). In accordance with section 
109, this notice identifies the types of actions for which the BLM and 
BIA will rely on the CXs, the considerations that the BLM and BIA will 
use in determining the applicability of the CXs, and the consultation 
between the agencies on the use of the CXs, including application of 
extraordinary circumstances.

DATES: The adoption is effective January 16, 2025.

FOR FURTHER INFORMATION CONTACT: BLM: Amelia Savage, Senior Planning 
and Environmental Analyst, Division of Support, Planning and NEPA, 
[email protected], telephone (480) 307-8665. BIA: Chester McGhee, Branch 
Chief, Environmental Services, [email protected], telephone (615) 
289-3390.

SUPPLEMENTARY INFORMATION:

Background

Program Background

1. Realty
    The BLM and BIA realty programs process applications for rights-of-
way or other land use authorizations that facilitate commercial, non-
commercial, recreational, and conservation activities including 
communication sites, transmission lines, fiber optic infrastructure, 
and renewable energy.
2. Recreation
    The BLM's recreation program supports and delivers a wide variety 
of recreational experiences including, but not limited to, camping, 
hunting, fishing, hiking, horseback riding, off-highway vehicle 
driving, mountain biking, bird watching, and various winter sports. The 
program manages over 4,000 recreation sites and associated facilities, 
in addition to over 400 fee sites. An estimated 82 million visitors 
enjoy outdoor recreation on BLM-managed public lands every year. The 
recreation program also supports the bureau's travel and transportation 
management program, which includes trails, roads, primitive roads, and 
associated parking lots and trail heads.
3. Resource Protection
    The BLM's and BIA's Wildlife and Cultural Heritage Programs manage 
wildlife habitat to help ensure self-sustaining, abundant, and diverse 
populations of wildlife on public and Tribal lands and preserve public 
and Tribal lands and their resources that are important to the public 
and to American Indian and Alaska Native communities to ensure that 
current and future generations retain the ability to connect to their 
natural and cultural heritage.
4. Minerals
    The BLM manages Federal mineral resources pursuant to the Mineral 
Leasing Act of 1920 (MLA), 30 U.S.C. 181 et seq., and other legal 
authorities.
    BIA is authorized to approve leases for exploration, extraction of, 
or removal

[[Page 4775]]

of certain minerals on Indian Lands under the Indian Mineral Leasing 
Act of 1938 (IMLA); the Act of March 3, 1909; the Indian Mineral 
Development Act of 1982 (IMDA); and other Tribe-specific statutes. BIA 
regulations implementing the IMLA, the 1909 Act, and the IMDA are found 
at 25 CFR parts 211, 212, and 225, respectively.

National Environmental Policy Act and Categorical Exclusions

    NEPA as amended at, 42 U.S.C. 4321-4347, 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. NEPA 
aims to ensure agencies consider the environmental effects of their 
proposed actions in their decision-making processes and inform and 
involve the public in those processes. 42 U.S.C. 4331. The NEPA created 
the Council on Environmental Quality (CEQ), which promulgated NEPA 
implementing regulations, 40 CFR parts 1500 through 1508 (CEQ NEPA 
regulations).
    Under NEPA and the CEQ's NEPA implementing regulations, a Federal 
agency can establish CXs--categories of actions that normally do not 
have a significant effect on the human environment, individually or in 
the aggregate, and therefore do not require preparation of an 
environmental assessment (EA) or an environmental impact statement 
(EIS)--in their agency NEPA procedures. 42 U.S.C. 4336(e)(1); 40 CFR 
1501.4, 1507.3, 1508.1(e). If an agency determines that a CX covers a 
proposed action, it then evaluates the proposed action for 
extraordinary circumstances in which a normally excluded action may 
have a significant effect. 40 CFR 1501.4(b). If no extraordinary 
circumstances are present, the agency may apply the CX to the proposed 
action without preparing an EA or EIS. 42 U.S.C. 4336(a)(2), 40 CFR 
1501.4.
    Section 109 of NEPA, enacted as part of the Fiscal Responsibility 
Act of 2023, allows a Federal agency to ``adopt'' or another agency's 
CX for a category of proposed agency actions. 42 U.S.C. 4336(c). To 
rely on another agency's CXs under Section 109, the adopting agency 
must identify the relevant CX listed in another agency's 
(``establishing agency'') NEPA procedures that cover the adopting 
agency's category of proposed actions or related actions; consult with 
the establishing agency to ensure that the proposed adoption of the CX 
for a category of actions is appropriate; identify to the public the CX 
that the adopting agency plans to use for its proposed actions; and 
document adoption of the CX. 42 U.S.C. 4336c. The BLM and BIA have 
prepared this notice to describe how they have met applicable statutory 
requirements for the adoption of 17 CXs and to notify the public of 
these adoptions. Eleven of these CXs were established by DOE: 10 CFR 
part 1021, subpart D, appendix B, paragraphs B1.11, B1.13, B1.19, 
B1.20, B4.6, B4.7, B4.13, B4.14, B5.12, B5.16, and B5.23. Six of these 
CXs were established by NTIA: 89 FR 22688, April 2, 2024, Categorical 
Exclusions, Operational, C-2, C-4, C-5, C-6, C-7, and C-8.
    The Department's NEPA procedures, codified at 43 CFR part 46, 
address compliance with NEPA. The Department's protocol for application 
of CXs is at 43 CFR 46.205. The Department's CXs available to all 
bureaus within the Department are listed in 43 CFR 46.210. Additional 
Department-wide NEPA policy is found in the Department's Departmental 
Manual (DM), in chapters 1 through 4 of part 516. Supplementary NEPA 
procedures for the Department's bureaus are published in additional 
chapters in part 516 of the DM. Chapter 10 and 11 of the 516 DM covers 
the BIA's and the BLM's NEPA procedures, respectively. The BLM CXs are 
listed in 516 DM 11.9 and BIA's CXs are listed in 516 DM 10.5.
    Categorical Exclusions That Are Adopted
    The BLM and BIA have identified the DOE CX, found at 10 CFR part 
1021, subpart D, appendix B, paragraph B1.11, regarding installation of 
fencing, for adoption. Examples of actions for which BLM and BIA 
programs would rely on the CX include, but are not limited to, 
installation of fences to mark the boundary of facilities such as 
visitor centers, recreation sites, or communication sites; along 
highways to guide wildlife to safe passages to facilitate migration; 
and to protect resources.
    The BLM and BIA have identified the DOE CX, found at 10 CFR part 
1021, subpart D, appendix B, paragraph B1.13, regarding pathways, short 
access roads, and rail lines, for adoption. Examples of actions for 
which the BLM's and BIA's recreation and realty programs would rely on 
the CX include, but are not limited to, construction of walkways and 
trails, bicycle paths, small outdoor fitness areas, and short access 
roads and rail lines.
    The BLM and BIA have identified the DOE CX, found at 10 CFR part 
1021, subpart D, appendix B, paragraph B1.19, regarding microwave, 
meteorological, and radio towers, for adoption. Examples of actions for 
which the BLM's and BIA's realty programs would rely on the CX include, 
but are not limited to, modification, operation, and removal of 
existing communications facilities and associated infrastructure. BIA 
would rely on this CX for associated approvals for siting or 
construction of a new communication facility, but the BLM would not 
rely on this CX to site or construct a new communication facility. BIA 
would rely on this CX to approve Wind Energy Evaluation Leases. 
Additionally, the BLM and BIA may rely on this CX to authorize new land 
uses that support adjacent communications facilities. The reference to 
B(4)(iv) in this CX is for DOE's ``Integral Elements''.
    The BLM and BIA have identified the DOE CX, found at 10 CFR part 
1021, subpart D, appendix B, paragraph B1.20, regarding protection of 
cultural resources, fish and wildlife habitat, for adoption. Examples 
of actions for which the BLM's and BIA's cultural heritage, wildlife, 
fisheries, and other programs would rely on the CX include, but are not 
limited to, small habitat restoration projects, fencing for resource 
protection, and installation of fish passage structures.
    The BLM and BIA have identified the DOE CX, found at 10 CFR part 
1021, subpart D, appendix B, paragraph B4.6, regarding additions and 
modifications to transmission facilities, for adoption. Examples of 
actions for which the BLM and BIA would rely on this CX include, but 
are not limited to, transmission line reconductoring to upgrade 
facilities, replacing damaged insulators, installing fire monitoring 
equipment, and paving of roads to access transmission lines in 
previously disturbed or developed facility areas.
    The BLM and BIA have identified the DOE CX, found at 10 CFR part 
1021, subpart D, appendix B, paragraph B4.7, regarding adding fiber 
optic cables, for adoption. Examples of actions for which the BLM and 
BIA would rely on this CX include, but are not limited to, installing 
fiber optic lines within existing rights-of-ways, or previously 
disturbed utility corridors, and associated vaults and pulling and 
tensioning sites outside of rights-of-way in nearby previously 
disturbed or developed areas.
    The BLM and BIA have identified the DOE CX, found at 10 CFR part 
1021, subpart D, appendix B, paragraph B4.13, regarding upgrading and 
rebuilding existing powerlines, for adoption. Examples of actions for 
which the BLM and BIA would rely on this CX include, but are not 
limited to, upgrading or rebuilding existing powerlines, replacing 
poles to different material, and placing emergency control and fault

[[Page 4776]]

notification equipment on poles within existing powerline right-of-way 
or within otherwise previously disturbed or developed lands. 
Additionally, powerlines would be upgraded or rebuilt within the 
existing right-of-way boundary and could extend into a small (as 
discussed at 10 CFR 1021.410(g)(2)) area beyond such lands as needed to 
comply with applicable electrical standards. The BLM and BIA would 
incorporate appropriate design and construction standards, control 
technologies, and best management practices into the authorizations.
    The BLM and BIA have identified the DOE CX, found at 10 CFR part 
1021, subpart D, appendix B, paragraph B4.14, regarding construction 
and operation of electrochemical-battery or flywheel energy storage 
systems, for adoption. Examples of actions for which BLM and BIA would 
rely on this CX include, but are not limited to, construction, 
operation, upgrading, retrofitting, and decommissioning of 
electrochemical-battery or flywheel energy storage systems within a 
previously disturbed or developed area or within a small area 
contiguous to a previously disturbed or developed area consistent with 
the text of the CX, such as for installation of back up battery systems 
for wind and solar energy generation and at communication facilities.
    The BLM and BIA have identified the DOE CX, found at 10 CFR part 
1021, subpart D, appendix B, paragraph B5.12, regarding workover of 
existing wells, for adoption. Examples of actions for which the BLM and 
BIA would rely on the CX include, but are not limited to, projects 
involving the reuse of existing well facilities for in situ recovery of 
locatable and non-energy leasable minerals such as lithium or similar 
mineral bearing brines, sedimentary aquifer hosted uranium deposits, or 
subsurface non-energy leasable resources, and conversion of existing 
wells to aid in carbon sequestration consistent with the CX text.
    The CX refers to DOE best practices and protocols, which refer to 
conditions that DOE places on the conduct of work. These conditions are 
specific to the type and location of the project. ``Best management 
practices'' are not specified in the CXs because they change over time 
and vary by location and technology. The BLM and BIA would use their 
respective best management practices and industry standards when using 
CXs that mention ``best practices and protocols.''
    The BLM and BIA have identified the DOE CX, found at 10 CFR part 
1021, subpart D, appendix B, paragraph B5.16, regarding solar 
photovoltaic systems, for adoption. Examples of actions for which the 
BLM and BIA would rely on the CX include, but are not limited to, 
installation of solar photovoltaic systems on or adjacent to existing 
facilities (i.e., recreation sites, fire annex buildings, and other BLM 
and BIA owned facilities). Additionally, BIA would rely on this CX for 
construction of solar photovoltaic systems on previously disturbed or 
developed lands.
    The BLM and BIA have identified the DOE CX, found at 10 CFR part 
1021, subpart D, appendix B, paragraph B5.23, regarding electric 
vehicle charging stations, for adoption. Examples of actions for which 
the BLM and BIA would rely on the CX include, but are not limited to, 
installation of electric vehicle charging stations at BLM and BIA 
facilities, rest stops, or on Indian lands.
    The BLM and BIA have identified the NTIA CX, found at 89 FR 22688, 
Categorical Exclusions, Operational, C-2, regarding outdoor research 
activities, for adoption. Examples of actions for which the BLM and BIA 
would rely on this CX include, but are not limited to, the examples 
listed in the CX text, as well as geotechnical surveys to properly site 
facilities and structures.
    The BLM and BIA have identified the NTIA CX, found at 89 FR 22688, 
Categorical Exclusions, Operational, C-4, regarding new construction or 
improvement of non-tower structures, for adoption. Examples of actions 
for which the BLM and BIA would rely on this CX include, but are not 
limited to, addition of equipment and structures (such as emergency 
power facilities) to support existing communication facilities and new 
construction of facilities that support communication systems, within a 
previously disturbed area that cause no more than 1 acre of 
disturbance.
    The BLM and BIA have identified the NTIA CX, found at 89 FR 22688, 
Categorical Exclusions, Operational, C-5, regarding existing microwave 
or radio communication facilities, for adoption. Examples of actions 
for which the BLM and BIA would rely on this CX include, but are not 
limited to, installing, operating, maintaining, retrofitting, 
upgrading, repairing, removing, and/or replacing infrastructure 
(examples listed in CX text) within an existing communication facility.
    The BLM and BIA have identified the NTIA CX, found at 89 FR 22688, 
Categorical Exclusions, Operational, C-6, regarding new construction or 
improvement of temporary buildings or experimental equipment, for 
adoption. Examples of actions for which the BLM and BIA would rely on 
this CX include, but are not limited to, new construction or 
improvement of temporary buildings or experimental equipment such as 
installation of small instrument panels and other small facilities 
outside the existing communication facility, installation of buildings 
that will aid in carbon sequestration, and seismic testing stations on 
previously disturbed ground consistent with the CX text.
    The BLM and BIA have identified the NTIA CX, found at 89 FR 22688, 
Categorical Exclusions, Operational, C-7, regarding new construction of 
self-supporting wireless communication towers, for adoption. Examples 
of actions for which the BLM and BIA would rely on this CX include, but 
are not limited to, support for approval of the installation of 
communication towers to aid in placement of wind turbines and 
installation of self-supporting towers within an existing communication 
site, consistent with the CX text.
    The BLM and BIA have identified the NTIA CX, found at 89 FR 22688, 
Categorical Exclusions, Operational, C-8, regarding aerial or buried 
utility communication and security systems, for adoption. Examples of 
actions for which the BLM and BIA would rely on this CX include, but 
are not limited to, support for approval of installation, 
reconstruction, replacement and operation of water, sewer, electrical, 
other utilities, and fiber optic cables that are within existing 
rights-of-ways, easements, grants of license, distribution systems, 
facilities, or similar arrangements, such as previously disturbed 
areas.

Consultation With DOE and NTIA and Determination of Appropriateness

    The BLM and BIA consulted with DOE and NTIA on the appropriateness 
of the adoption of these CXs for the BLM's and BIA's use in September 
and October 2024. The consultations included a review of DOE's and 
NTIA's experience developing and applying these CXs, as well as the 
types of actions for which the BLM and BIA plan to utilize the CXs. The 
BLM and BIA actions are similar in type and scope to the actions that 
DOE and NTIA conduct and therefore the effects of the BLM's and BIA's 
actions are expected to be similar to the effects of DOE and NTIA 
actions, which are not significant, assuming compliance with all 
applicable conditions and absent the existence of extraordinary 
circumstances. DOE regulations at 10 CFR 1021 subpart D, appendix B 
also identify ``conditions that are integral elements of the classes of 
actions in

[[Page 4777]]

appendix B'' that apply to the CXs that BLM and BIA are adopting. As 
described below, the BLM and BIA will ensure that proposed actions 
comply with these ``DOE Integral Elements'' when relying on CXs adopted 
from DOE. The Department has determined that adoption of the CXs for 
the BLM's and BIA's use as described in this notice is appropriate.

DOE Integral Elements

    When the BLM and BIA intend to rely on a CX adopted from DOE as 
described in this notice, the Responsible Official will evaluate the 
proposed action against the DOE's Integral Elements, which are 
additional conditions for reliance on each CX. The Responsible Official 
will only rely on a CX adopted from DOE as identified in this notice if 
the proposed action complies with the DOE Integral Elements. The DOE 
Integral Elements are described in 10 CFR 1021 subpart D, appendix B. 
The BLM and BIA will use their respective environment, safety, and 
health protocols when using these CXs.

Consideration of Extraordinary Circumstances

    In consultation with DOE and NTIA, the BLM and BIA evaluated the 
extraordinary circumstances to be considered when applying these CXs. 
When applying these CXs, Responsible Officials (43 CFR 46.30) within 
the BLM and BIA will evaluate proposed actions covered by the CXs to 
determine whether any extraordinary circumstances, listed at 43 CFR 
46.215, are present that would preclude reliance on the CX. The 
Department's extraordinary circumstances include, in part, 
consideration of impacts on public health and safety; natural resources 
and unique geographic characteristics such as historic or cultural 
resources; park, recreation, or refuge lands; wilderness areas; wild or 
scenic rivers; national natural landmarks, sole or principal drinking 
water aquifers; prime farmlands; wetlands; floodplains; national 
monuments; migratory birds; and other ecologically significant or 
critical areas; unresolved conflicts concerning alternative uses of 
available resources; unique or unknown environmental risks; precedent 
for future decision-making; historic properties; listed species or 
critical habitat; low income or minority populations; access by Indian 
religious practitioners to, and for ceremonial use of, Indian sacred 
sites and the physical integrity of those sites; and contribution to 
the introduction, continued existence, or spread of invasive weeds or 
non-native invasive species.
    The Department's list of extraordinary circumstances addresses 
those of the DOE found at 10 CFR 1021.410(b)(2) and those of the NTIA 
found at 89 FR 22688; therefore, BLM and BIA Responsible Officials 
intending to rely on these CXs will review whether the proposed action 
has the potential to result in significant effects as described in the 
Department's extraordinary circumstances. If the Responsible Official 
cannot rely on a CX to support a decision on a particular proposed 
action due to extraordinary circumstances, the Responsible Official 
will prepare an EA or EIS, consistent with 40 CFR 1501.4(b)(2) and 43 
CFR 46.205(c).

Notice to the Public and Documentation of Adoption

    This notice identifies to the public that the BLM and BIA are 
adopting 11 DOE CXs and 6 NTIA CXs for the BLM's and BIA's use. The 
notice identifies the types of actions to which the BLM and BIA would 
apply these CXs. The documentation of the adoptions is available at 
https://www.blm.gov/programs/planning-and-nepa/what-informs-our-plans/nepa for the BLM, https://www.bia.gov/service/nepa-compliance for BIA 
and at https://www.doi.gov/oepc/nepa/categorical-exclusions. The BIA 
and the BLM will add the adopted CXs to their respective NEPA DM 
Chapters, 516 DM 10 and 11.

Authorities

    National Environmental Policy Act of 1969, as amended (42 U.S.C. 
4321 et seq.).

Stephen G. Tryon,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2025-01057 Filed 1-15-25; 8:45 am]
BILLING CODE 4331-27-P
```