[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Notices]
[Pages 34439-34441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16654]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


National Environmental Policy Act: Implementing Procedures (516 
DM 6, Appendix 9)

AGENCY: Department of the Interior.

ACTION: Notice of a proposed addition to the Department of the 
Interior's Categorical Exclusions for the Bureau of Reclamation.

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SUMMARY: This notice announces a proposed addition to the categorical 
exclusions included in Departmental Manual 516 DM 6, appendix 9, that 
lists actions excluded from the National Environmental Policy Act of 
1969 (NEPA) procedures for the Bureau of Reclamation (Reclamation). The 
proposed categorical exclusion pertains to transfer of title to single-
purpose facilities within Reclamation projects to non-Federal entities.


[[Page 34440]]


DATES: Comments are due August 1, 1996.

ADDRESSES: Send comments to: Dr. Darrell Cauley, Manager, Environmental 
and Planning Coordination Office, Bureau of Reclamation, PO Box 25007, 
Denver Federal Center, Denver, CO 80225-0007.

FOR FURTHER INFORMATION CONTACT: Dr. Willie R. Taylor, Director, Office 
of Environmental Policy and Compliance; telephone (202) 208-3891. For 
Reclamation, Dr. Darrell Cauley, Manager, Environmental Planning and 
Coordination Office, telephone (303)-236-9336 extension 222.

SUPPLEMENTARY INFORMATION: The Reclamation program was founded in 1902. 
Its original mission was one of civil works construction to develop the 
water resources of the arid Western United States to promote the 
settlement and economic development of that region. The results of that 
work are well known in the hundreds of projects that were developed to 
store and deliver water. That substantial infrastructure made 
Reclamation the largest wholesale supplier of water in the United 
States, the sixth largest electric power generator, and the manager of 
45 percent of the surface water in the Western United States. Many of 
these projects were constructed at a time when there were no local 
communities and utilities. Today much of the West is settled and is, in 
some respects, the most urbanized region of the country. Reclamation 
owns and operates public utility facilities which, if located in other 
parts of the country, would likely be owned, operated, and funded by 
publicly regulated private corporations or local government agencies. 
Reclamation's policy for decades has been to transfer operation and 
maintenance of projects to local entities where and when appropriate, 
while retaining title to the project facilities in Federal ownership.
    As part of the second phase of the National Performance Review 
(REGO II), Reclamation is undertaking a program to transfer title of 
facilities that could be efficiently and effectively managed by non-
Federal entities and that are not identified as having national 
importance. This effort is a recognition of Reclamation's commitment to 
a Federal Government that works better and costs less. The transfer of 
title will divest Reclamation of the responsibility for the operation, 
maintenance, management, regulation of, and liability for the project. 
The transfer of title to single-purpose facilities within a project 
will, in effect, sever Reclamation's ties with that facility. 
Reclamation recognizes that the complete severance of the relationship 
between Reclamation and the transferee may not be possible in all 
instances.
    NEPA requires that when a major Federal action may have significant 
impacts on the quality of the human environment, a statement be 
prepared [section 102(2)(C)] detailing the impacts and effects to the 
human environment associated with the Federal action. When it is known 
in advance that a certain category of actions will not have a 
significant effect on the human environment, that category of actions 
may be excluded from further NEPA requirement (40 CFR 1508.4).

Introduction to Proposal

    It is the intent of Reclamation to transfer title and 
responsibility for certain single-purpose facilities within projects, 
when and where appropriate, to entities who are currently operating and 
maintaining the facilities or managing the lands. The Department of the 
Interior (Department) proposes an additional categorical subparagraph 
9.4.A(4) in appendix 9 in the Department Manual (516 DM 6). The 
excluded title transfer action would apply to a relatively small number 
of single-purpose facilities within projects where the transferees 
agree to make no significant changes in operations and maintenance, 
and/or land or water use after transfer. The proposed exclusion in a 
category of actions that does not individually or cumulatively have a 
significant effect on the quality of the human environment. If any of 
the proposed title transfers involve any of the following, an 
environmental assessment (EA) and/or environmental impact statement 
(EIS) will be prepared in accordance with Reclamation's NEPA Handbook.
    1. If the title transfer action involves any of the Departmental 
exceptions to the categorical exclusions listed in Departmental Manual 
516 DM 2, Appendix 2.
    2. If the title transfer action would result in significant changes 
in the operation and maintenance of the facilities or lands 
transferred, or land and water use in the foreseeable future.
    3. If the title transfer action involves any controversy or 
unresolved issue associated with: protection of interstate compacts and 
agreements; meeting the Secretary of the Interior's (Secretary) Native 
American trust responsibilities; fulfilling treaty and international 
agreement obligations; or protection of the public aspects of the 
project.
    4. Other criteria as determined by Reclamation to warrant an EA or 
EIS.
    Appendix 8 must be interpreted in conjunction with the Department's 
NEPA procedures (516 DM 1-6) and the Council on Environmental Quality 
regulations implementing the procedural provisions of NEPA (40 CFR 
parts 1500-1508). The Department's procedures were published in the 
Federal Register, 45 FR 27541, Apr. 23, 1980, and revised in 49 FR 
21437, May 21, 1984.

Proposed Categorical Exclusion A. (4)

    Transfer of title to single-purpose facilities within 
Reclamation projects, to entities who are currently operating and 
maintaining the facilities or managing the lands, and who would 
agree to make no significant changes in operation and maintenance, 
and/or land and water use within the foreseeable future.

    Eligibility for this categorical exclusion would be determined by 
Reclamation based on results of on-site inspections, surveys, and other 
methods of evaluation and documentation prepared by Reclamation to 
determine the presence or absence of the exceptions. A public 
involvement process will be utilized as part of the title transfer 
process. Details of this determination process would be added to 
Reclamation's NEPA Handbook. Projects that do not fully meet any of 
these exceptions would not qualify for this categorical exclusion.

Discussion of Exceptions

    A title transfer action involving one of the Departmental 
exceptions to categorical exclusions will require the preparation of an 
environmental assessment. Briefly, the list of exceptions contains 
criteria including adverse effects on public health or safety, parks, 
recreation or refuge lands, wilderness areas, ecologically sensitive 
areas, wild and scenic rivers, wetlands, floodplains, properties listed 
or eligible for listing on the National Register of Historic Places, 
and species listed or proposed to be listed on the List of Endangered 
or Threatened Species, or on designated Critical Habitats for these 
species, cultural resources, and Indian Trust Assets. Also, included in 
the Departmental exceptions to categorical exclusions are concerns 
related to environmental controversy, uncertainty, individually 
insignificant but cumulatively significant environmental effects, 
precedent setting decisions about future actions, and compliance with 
Federal, State, Tribal or local environmental laws, executive orders, 
and requirements. The complete list of Departmental exceptions will be 
referred to when applying the categorical exclusion.

[[Page 34441]]

    Reclamation's general exceptions from the categorical exclusion 
include title transfer action that incorporates problems or activities 
which will require the preparation of an environmental assessment. 
Single-purpose facilities within projects which would be ineligible for 
the categorical exclusion are those involving the following:
    1. Unresolved issues involving the future operation and maintenance 
of the transferred facilities and lands. Potential transferees must be 
able to demonstrate the technical capability to maintain and operate 
the facilities and lands on a permanent basis and an ability to meet 
financial obligations associated with the transferred assets. 
Operations and maintenance of the facilities must not change in the 
foreseeable future.
    2. Unresolved issues involving future use of lands or water 
associated with the transferred facilities and lands. Potential 
transferees must agree not to change the use of the lands or water 
associated with the transferred facilities for the foreseeable future.
    3. Unresolved issues involving protection of interstate compacts 
and agreements. All transfers must be willing to assume 
responsibilities for commitments made under existing interstate 
compacts and agreements.
    4. Unresolved issues involving meeting the Secretary's Native 
American trust responsibilities. All transfers must ensure the United 
States' Native American trust responsibilities are satisfied. In 
addition, outstanding Native American claims that are directly pending 
before the Department and that would be directly affected by the 
proposed transfer will be resolved prior to transfer.
    5. Unresolved issues involving fulfilling treaty and international 
agreement obligations.
    6. Unresolved issues involving protection of the public aspects of 
the project or facilities. Potentially affected State, local, and 
Tribal Governments, appropriate Federal agencies, and the public will 
be notified of the initiation of discussions to transfer title and will 
have (1) the opportunity to voice their views and suggest options for 
remedying any problems, and (2) full access to relevant information, 
including proposals, analyses, and reports related to the proposed 
transfer. The title transfer process will be carried out in an open and 
public manner. Once Reclamation has negotiated an agreement with a 
transferee, Reclamation will seek legislation specifically authorizing 
the negotiated terms of the transfer of each facility.
    To be considered, any comments on this proposed addition to the 
list of categorical exclusions in the Departmental Manual must be 
received by August 1, 1996, at the location listed under ADDRESSES 
above. Comments received after that date will be considered only to the 
extent practicable.
    Outline: Chapter 6 (516 DM 6) Managing the NEPA Process, Appendix 
9--Bureau of Reclamation, 9.4 Categorical Exclusions.

    Dated: June 25, 1996.
Kenneth D. Naser,
Acting Director, Office of Environmental Policy and Compliance.

516 DM 6, Appendix 9--Bureau of Reclamation, 9.4 Categorical Exclusions

* * * * *
    A. * * *
    4. Transfer of title to single-purpose facilities within 
Reclamation projects to entities who are currently operating and 
maintaining the facilities or managing the lands, and who would agree 
to make no significant changes in operation and maintenance, and/or 
land and water use within the foreseeable future.

[FR Doc. 96-16654 Filed 7-1-96; 8:45 am]
BILLING CODE 4310-94-M