[Federal Register: December 16, 2002 (Volume 67, Number 241)]
[Notices]
[Page 77038-77044]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de02-30]
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DEPARTMENT OF AGRICULTURE
Forest Service
DEPARTMENT OF THE INTERIOR
RIN 0596-AB99
National Environmental Policy Act Documentation Needed for Fire
Management Activities; Categorical Exclusions
AGENCY: Forest Service, USDA, and Department of the Interior.
ACTION: Notice of proposed National Environmental Policy Act
implementing procedures; request for comment.
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SUMMARY: The Department of Agriculture, Forest Service and Department
of the Interior give notice of, and request comment on, their proposal
to revise their procedures for implementing the National Environmental
Policy Act (NEPA) and Council on Environmental Quality (CEQ)
regulations. These revisions are being made to Forest Service Handbook
1909.15, chapter 30, and Department of the Interior Manual 516 DM,
chapter 2, Appendix 1, which describe categorical exclusions, i.e.,
categories of actions that will not result in significant impacts on
the environment and therefore normally do not require further analysis
in either an environmental assessment or an environmental impact
statement. The proposal would add two such categories of actions to the
agencies' NEPA procedures: (1) Hazardous fuels reduction activities
(such as thinning overstocked stands and brush); and (2) activities for
rehabilitating and stabilizing lands and infrastructure (such as
reseeding) impacted by wildland fires or fire suppression. The
Departments reviewed over 3,000 hazardous fuel reduction and
rehabilitation/stabilization projects and concluded that these
categories of actions do not individually or cumulatively result in
significant effects on the human environment. The intended effect of
these two categorical exclusions is to facilitate efficient planning
and timely decisions concerning treatment of hazardous fuels and
stabilization and rehabilitation of areas so as to reduce risks to
communities and the environment caused by severe fires.
The hazardous fuels reduction categorical exclusion will only apply
to projects identified in a manner consistent with the collaborative
framework in the 10-Year Comprehensive Strategy Implementation Plan.
Moreover, these
[[Page 77039]]
hazardous fuels reduction activities: (1) Would not be conducted in
wilderness areas or where they would impair the suitability of
wilderness study areas for preservation for wilderness; (2) would not
include the use of herbicides or pesticides; (3) would not involve the
construction of new permanent roads or other infrastructure, and (4)
would not include activities such as timber sales that do not have
hazardous fuels reduction as their primary purpose. Activities carried
out under the rehabilitation and stabilization categorical exclusion
would only take place after a wildfire. These activities cannot use
herbicides or pesticides, nor include the construction of new permanent
roads or other infrastructure. Activities conducted under either of the
proposed categorical exclusions must be consistent with agency and
Departmental procedures, land and resource management plans, and must
comply with all applicable Federal, State, and tribal laws for
protection of the environment (e.g., compliance with State standards
for air quality). These categorical exclusions will not apply where
there are extraordinary circumstances, such as adverse effects on
threatened and endangered species or their designated critical habitat,
wilderness areas, inventoried roadless areas, wetlands, and
archeological or historic sites.
Hazardous fuels reduction and rehabilitation/stabilization
activities will help reach the goal of restoring fire-adapted
ecosystems, which will benefit many species and their habitat. Public
comment is invited and will be considered in development of the final
procedures.
DATES: Comments must be received in writing by January 15, 2003.
ADDRESSES: Mail written comments to: Healthy Forests Initiative, USDA
FS Content Analysis Team, P.O. Box 221150, Salt Lake City, Utah 84116.
Comments also may be submitted via facsimile to (801) 517-1015 or
by e-mail to healthyforests@fs.fed.us. If comments are sent via
facsimile or e-mail, the public is requested not to send duplicate
written comments via regular mail.
All comments, including names and addresses when provided, are
placed in the record and are available for public inspection. Persons
wishing to inspect the comments need to call (801) 517-1020 to
facilitate an appointment.
FOR FURTHER INFORMATION CONTACT: Dave Sire, USDA Forest Service,
Ecosystem Management Coordination, (202) 205-2935, or Willie Taylor,
Department of the Interior, Office of Environmental Policy and
Compliance, (202) 208-3891. Individuals who use telecommunication
devices for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 1-800-877-8339 between 8 a.m. and 4 p.m., Eastern
Standard Time, Monday through Friday. Additional information and
analysis can be found under the Healthy Forests Initiative at http://www.fs.fed.us/projects/HFI.shtml
.
SUPPLEMENTARY INFORMATION:
Overview
On August 22, 2002, President Bush established the Healthy Forests
Initiative, directing the Departments of Agriculture and Interior and
the Council on Environmental Quality to improve regulatory processes to
ensure more timely decisions, greater efficiency, and better results in
reducing the risk of catastrophic wildfires by restoring forest health.
In response to this direction, the Departments of Agriculture and
the Interior propose two new categorical exclusions. The first,
addressing hazardous fuels reduction projects, is intended to better
protect lives, communities, and ecosystems from the risk of high-
intensity wildland fire. The second, addressing rehabilitation and
stabilization projects, is intended to better restore natural resources
and infrastructure after a fire. These two proposed categorical
exclusions will increase the ability of the agencies to expeditiously
reduce hazardous fuels, thereby lowering the intensity and rapid spread
of wildfires, and facilitate the agency's abilities to rapidly
rehabilitate and stabilize burned areas to protect watersheds and
resources.
Why Do the Departments Need the Proposed Categorical Exclusions?
As stated in the Administration's ``Healthy Forests: An Initiative
for Wildfire Prevention and Stronger Communities'', there are 190
million acres of Federal forests and rangelands in the 48 contiguous
states at risk of severe wildland fires that threaten human safety,
property, and ecosystem integrity. Drought conditions coupled with
years of fuel buildup combine to make these lands vulnerable to
intense, fast-moving fires that often are far more destructive than
those in prior years. In the aftermath of wildland fires, timely
rehabilitation and stabilization projects are critical to preventing
additional threats to communities and ecosystems, such as soil erosion,
mudslides, invasive species, and deteriorating watersheds.
The 2000 fire season, for example, was one of the worst in 50
years. Approximately 123,000 fires burned more than 8.4 million acres.
The total acreage burned was more than twice the 10-year national
average. At times, nearly 30,000 personnel were on the fire lines,
including military and firefighters from other countries. More than $2
billion from Federal accounts was spent suppressing wildland fires.
This amount does not include State and local firefighting suppression
costs, direct and indirect economic losses to communities, loss of
property, and damage to ecosystems.
The trend since 2000 has continued. During 2002, catastrophic
wildfires continued to make national headlines, burning over 7.1
million acres. According to the General Accounting Office 1999 report,
``Western National Forests--A Cohesive Strategy Is Needed to Address
Catastrophic Wildfire Threats,'' wildfires have increasingly become
large, intense, and catastrophic in the currently denser stands of the
national forests in the interior West. For example, the 2002 Rodeo Fire
in Arizona grew from 800 to 46,000 acres in one day. In addition,
Oregon and Colorado experienced unusually large fires, with Colorado's
Hayman fire being five times larger than the previous largest recorded
fire in that State's history.
Congress and the Executive Branch identified coordinated and
strategic fuels treatment as necessary to undo a century of fuels
buildup. In August 2000, the Secretaries of Agriculture and the
Interior began an effort designed to reduce fire impacts on communities
and ensure effective firefighting capacity in the future. The result
was the National Fire Plan, which Congress later supported through
appropriations language in the fiscal year (FY) 2001 appropriations act
for the Department of the Interior and related agencies. As part of its
direction, Congress mandated the creation of a coordinated national 10-
year comprehensive strategy. The resulting strategy, ``A Collaborative
Approach for Reducing Wildland Fire Risks to Communities and the
Environment 10-Year Comprehensive Strategy,'' completed in August of
2001, was developed by Federal, State, tribal, and local government and
non-governmental representatives. In May of 2002, these same parties
completed the Implementation Plan for the 10-Year Comprehensive
Strategy. The Implementation Plan establishes a performance-based
framework for improving the management of wildland fire and hazardous
fuels; meeting the need for ecosystem restoration and rehabilitation;
implementing protective measures to reduce the risk of wildland
[[Page 77040]]
fire to communities and environments and monitoring progress over time.
The unprecedented collaboration among Federal, State, tribal and
local governments, citizens and groups reached a powerful consensus
that immediate action was needed. Thus, the 10-Year Comprehensive
Strategy Implementation Plan set four primary goals: (1) Improve fire
prevention and suppression; (2) reduce hazardous fuels; (3) restore
fire-adapted ecosystems; and (4) promote community assistance. For each
goal, the 10-Year Comprehensive Strategy Implementation Plan identifies
specific outcomes, performance measures, and implementation tasks that
guide agency actions and measure performance. Moreover, a key
implementation task under Goal Two of the 10-Year Comprehensive
Strategy Implementation Plan requires agencies to assess regulatory
processes governing hazardous fuels projects and activities done in
conformance with the 10-Year Comprehensive Strategy and Implementation
Plan and to identify measures to improve the timeliness of decisions.
The proposed categorical exclusions respond to this task and the goal
of restoring fire-adapted ecosystems under Goal Three of the 10-Year
Comprehensive Strategy Implementation Plan.
The proposed categorical exclusions will provide the departments
with identical management tools that will improve consistency and
cooperation among Federal agencies in the implementation of hazardous
fuels reduction, stabilization, and rehabilitation projects. This
improved cooperation will, in turn, foster more effective collaboration
among Federal, State, tribal, and local governments and interested
stakeholders consistent with the 10-Year Comprehensive Strategy
Implementation Plan.
What Is a Categorical Exclusion?
The National Environmental Policy Act (NEPA), and accompanying
Council on Environmental Quality (CEQ) regulations (40 CFR 1500),
require that each agency establish specific criteria for and
identification of three types of actions: (1) Those that require
preparation of an environmental impact statement; (2) those that
require the preparation of an environmental assessment; and (3) those
that are categorically excluded from further analysis and documentation
in an environmental assessment or an environmental impact statement.
Actions qualify for (3), a categorical exclusion, if they do not
individually or cumulatively have a significant impact on the human
environment and warrant no further analysis and documentation in an
environmental assessment or an environmental impact statement. Agencies
must, however, recognize the exceptions to the application of a
categorical exclusion that extraordinary circumstances may require.
A categorical exclusion is not an exemption from the requirements
of NEPA. Categorical exclusions are an essential part of NEPA that
provide a categorical determination that the activities do not result
in significant impacts, eliminating the need for individual analyses
and lengthier documentation. CEQ regulations at 40 CFR 1500.4(p),
1507.3 and 1508.4 direct agencies to use categorical exclusions to
define categories of actions which do not individually or cumulatively
have a significant effect on the human environment and do not require
the preparation of an environmental assessment or an environmental
impact statement, thereby reducing excessive paperwork.
Current United States Department of Agriculture (USDA) Forest
Service procedures for complying with and implementing NEPA are set out
in Forest Service Handbook (FSH) 1909.15, Chapter 30, which establishes
two types of categorical exclusions. The first, set out at section
31.1, consists of categories of actions that are so routine and limited
that a record is not required. The second type, set out at section
31.2, consists of categories of actions that require documentation in a
Decision Memo that explains the rationale for applying a categorical
exclusion and not preparing an environmental assessment or an
environmental impact statement. The two categorical exclusions proposed
in this notice would fall within the Forest Service's second type of
categorical exclusion that requires a Decision Memo.
Current Department of the Interior procedures for complying with
NEPA are set out in Departmental Manual 516 DM. Department-wide
categorical exclusions are established in 516 DM, chapter 2, Appendix
1. In applying the categorical exclusions, bureaus must make a
determination that the exemptions do not apply. No specific form of
documentation has previously been required for this determination.
While the Department of the Interior has not required formal
documentation of its department-wide categorical exclusions, many
bureaus of the Department of the Interior prescribe some formal
documentation for their bureau-specific categorical exclusions. Due to
the desire to have comparable categorical exclusions and consistency in
use, the Department of the Interior will issue instructions for
documenting and distributing the rationale for applying either of these
two proposed categorical exclusions, consistent with Forest Service
procedures.
As directed by the CEQ regulations at 40 CFR 1508.4, both the USDA
Forest Service and the Department of the Interior procedures provide
for extraordinary circumstances in which a normally excluded action may
have a significant environmental effect. Extraordinary circumstances
occur, for example, where proposed actions would have adverse effects
on federally listed threatened and endangered species or their
designated critical habitat, wilderness areas, inventoried roadless
areas, wetlands, and archeological or historic sites. Where
extraordinary circumstances occur, project analyses are documented in
an environmental assessment or environmental impact statement. The
proposed categorical exclusions would be applied in the absence of
extraordinary circumstances in accordance with departmental procedures.
The USDA Forest Service provisions for extraordinary circumstances are
set out in FSH 1909.15, section 30.3. The Department of the Interior
provisions for extraordinary circumstances, called exceptions, are set
out in 516 DM, chapter 2, Appendix 2. USDA Forest Service and the
Department of the Interior provisions for extraordinary circumstances
may be viewed at http://www.fs.fed.us/projects/HFI.shtml.
Explanation of Proposed Categorical Exclusions
The USDA Forest Service and the Department of the Interior are
proposing two categorical exclusions. These categorical exclusions
would apply to National Forest System lands and to lands managed by the
Department of the Interior agencies, including lands administered by
the Bureau of Land Management, National Park Service, Fish and Wildlife
Service, the Bureau of Indian Affairs, and the Bureau of Reclamation.
The first categorical exclusion proposed by the USDA Forest Service
and the Department of the Interior addresses hazardous fuels reduction
projects. Hazardous fuels consist of combustible vegetation (live or
dead), such as grass, leaves, ground litter, plants, shrubs, and trees,
that contribute to the threat of ignition and high fire intensity and/
or high rate of spread. Hazardous fuels reduction involves
manipulation, including combustion or removal of fuels, to reduce the
likelihood of ignition and/or to lessen potential damage to the
ecosystem from
[[Page 77041]]
intense wildfire and to create conditions where firefighters can safely
and effectively control wildfires. Activities that could be conducted
under this proposed categorical exclusion are the thinning of trees
(commercial or pre-commercial as identified in the 10-Year
Comprehensive Strategy Implementation Plan) and the removal of
combustible vegetation through mechanical means, grazing, and the use
of prescribed fire.
The second proposed category addresses rehabilitation and
stabilization of resources and infrastructure in the aftermath of a
fire. Activities that could be conducted under this proposed
categorical exclusion include rehabilitation of habitat, watersheds,
and infrastructure impacted by wildfire and/or wildfire suppression.
Reseeding or planting, fence construction, culvert repair, installation
of erosion control devices, and repair of roads and trails are examples
of activities necessary for the stabilization and rehabilitation of
habitat, watersheds, historical, archeological, and cultural sites, and
infrastructure impacted by wildfire and/or wildfire suppression.
When Will the Categorical Exclusions Be Used?
The hazardous fuels reduction categorical exclusion will be
applicable only to projects identified in a manner that is consistent
with the collaborative framework in the 10-Year Comprehensive Strategy
Implementation Plan. Additionally, categorically excluded hazardous
fuels reduction activities would not be conducted in wilderness areas
or where they would impair the suitability of wilderness study areas
for preservation as wilderness. Categorically excluded hazardous fuels
reduction activities are further limited in that they cannot include
the use of herbicides or pesticides or the construction of new
permanent infrastructure. Infrastructure may be reconstructed, but no
new permanent roads or new permanent construction may take place under
this categorical exclusion.
Activities carried out under the rehabilitation and stabilization
categorical exclusion would apply only to activities in the aftermath
of a wildfire. Such activities are further limited in that they cannot
include the use of pesticides or the construction of new permanent
infrastructure. Infrastructure may be reconstructed, but no new
permanent roads or new permanent construction may take place under this
categorical exclusions.
Activities conducted using the proposed categorical exclusions must
be consistent with agency and Departmental procedures, and with
applicable land and resource management plans. For example, procedures
and plans call for appropriate buffers from riparian areas or areas
containing cultural or historical artifacts and for timing activities
to avoid species of concern and sensitive species nesting periods.
Products generated by use of mechanical methods under the proposed
hazardous fuel reduction categorical exclusion would be sold or
otherwise utilized or disposed of in accordance with agency and
Departmental procedures.
In addition, the activities under both proposed categorical
exclusions must meet all applicable Federal, State, and tribal laws or
other requirements imposed for protection of the environment. For
example, the Clean Air Act requires compliance with State standards for
air quality. A categorical exclusion would not be used if air quality
standards could not be met. Similarly, the Wilderness Act provides
certain protections for areas designated by Congress as wilderness
areas. Categorical exclusions would not be used where a proposed
activity may have adverse effects on wilderness characteristics.
In addition, agencies can avoid significant environmental effects
by following agency procedures related to compliance with other
applicable laws. For example, effects on archeological and cultural
resources can often be mitigated simply by identifying and avoiding
those resources. As another example, the use of fire is coordinated
with State regulatory agencies concerned with air quality to ensure
that burning is carried out when atmospheric conditions are favorable
to smoke dispersal.
In using categorical exclusions, agencies must continue conducting
appropriate consultations with Federal and State regulatory agencies,
such as those required by the Endangered Species Act and the National
Historic Preservation Act. Activities categorically excluded from
documentation in an environmental assessment or an environmental impact
statement must still be evaluated to assess effects on threatened and
endangered species, and undergo an appropriate level of consultation
with the U.S. Fish and Wildlife Service or the National Marine
Fisheries Service. Similarly, categorically excluded activities undergo
surveys and evaluation of effects on properties protected by the
National Historic Preservation Act, along with appropriate consultation
with State Historic Preservation Officers. Such consultations help
ensure that cumulative effects across jurisdictions will not be
significant. The USDA Forest Service and the Department of the Interior
invite comments on any additional factors to consider in crafting the
final categorical exclusions that address the scope of their
implementation.
Rationale for the Proposal
The Departments have extensive experience in hazardous fuels
management, as well as in stabilization and rehabilitation of resources
following a wildfire. In examining the basis for proposing these two
categorical exclusions, the USDA Forest Service and the Department of
the Interior reviewed projects that were undertaken for hazardous fuels
reduction, and rehabilitation/stabilization. Some projects involved
multiple activities of these types. The information review included 30
different data items for each project, including information on project
location and size, vegetation cover type, fuels treatment type,
predicted environmental effects, actual environmental effects after
project completion, and mitigation measures. Environmental effects
include ecological, aesthetic, historic, cultural, economic, social, or
health effects as defined in 40 CFR 1508.8.
The agencies reviewed over 3,000 hazardous fuels reduction and
rehabilitation/stabilization projects completed in FY 1998 through FY
2002; of these, over half were documented with environmental
assessments, less than 50 were documented with environmental impact
statements, and the remainder were categorically excluded from either
of these types of documentation under existing categorical exclusions.
Only 12 of these environmental impact statements contained predictions
of significant environmental effects from hazardous fuels reduction and
rehabilitation/stabilization activities. Current USDA Forest Service
and the Department of the Interior NEPA procedures would preclude the
application of any categorical exclusion to these 12 projects because
of extraordinary circumstances. Had the 12 projects been considered for
a categorical exclusion they would not have qualified because of
extraordinary circumstances stemming from adverse effects on threatened
and endangered species and uncertainty over the significance of effects
on air quality and water quality.
[[Page 77042]]
The review indicates that hazardous fuels reduction activities and
rehabilitation/stabilization activities, absent extraordinary
circumstances, do not individually or cumulatively have significant
effects on the human environment. A summary of the review is available
at http://www.fs.fed.us/projects/HFI.shtml.
The CEQ regulations state that categorically excluded actions must
not individually or cumulatively have a significant effect on the human
environment (40 CFR 1508.4). Based on the previously discussed
application of environmental laws, agency procedures, and the
aforementioned review of the over 3,000 hazardous fuels reduction and
rehabilitation/stabilization activities, the agencies conclude that the
proposed categories of actions do not individually or cumulatively have
significant effects on the human environment and, therefore, do not
require either an environmental assessment or an environmental impact
statement.
Monitoring Performance
Under the 10-Year Comprehensive Strategy Implementation Plan, the
Secretaries of the Interior and the USDA have committed to a formal
review process to monitor and evaluate performance, suggest revisions,
and make necessary adaptations to the Strategy in collaboration with
Federal, State, tribal, and local stakeholders. The agencies will
conduct monitoring of selected collaboratively developed projects and
activities to assess the progress and effectiveness of planning and
implementation. Projects implemented under these proposed categorical
exclusions will be included in this review.
Any revisions to the 10-Year Comprehensive Strategy Implementation
Plan will integrate new information obtained from scientific research
and on-the-ground experiences. As part of this monitoring and
evaluation, the effectiveness of hazardous fuels reduction and
rehabilitation/stabilization projects and the application of
categorical exclusions will be reviewed. Based on monitoring results
these categorical exclusions may be augmented or modified. Future
modifications to these proposed categorical exclusions, if necessary,
would be based in part on the results of monitoring and would involve
additional public review.
The actual mechanism for monitoring will be the National Fire Plan
Operations and Reporting System (NFPORS).
At the onset of the National Fire Plan, the wildland fire agencies
identified the need for tools to assist them in capturing, monitoring
and reporting accomplishments. While each agency had some mechanisms in
place to meet accountability requirements, the agencies did not have an
overarching system capable of providing sufficient analysis and
reporting. Instead, each organization relied on a variety of disparate
mechanisms for tracking and reporting hazardous fuels accomplishments.
In order to provide a single, unified interagency system, the
Department of Interior teamed with the USDA Forest Service to develop
the NFPORS. The system will collect data in the areas of restoration
and rehabilitation, hazardous fuels reduction, community assistance,
and the method of NEPA compliance (categorical exclusion, environmental
assessment, or environmental impact statement).
Public Involvement in the Use of the Proposed Categories
The 10-Year Comprehensive Strategy provides a collaborative
framework for the selection and prioritization of hazardous fuels
reduction projects which includes extensive public participation. Use
of the proposed hazardous fuels reduction categorical exclusion to meet
the goals of the 10-Year Comprehensive Strategy will, therefore,
include the public as provided in the collaborative framework.
Indeed, local involvement is the primary source of annual hazardous
fuels project planning, prioritization, and resource allocation. The
amount of collaboration at the local level will be consistent with the
complexity of land ownership patterns, resource management issues, and
the number of interested stakeholders. The hazardous fuels reduction
categorical exclusion will be applicable only to projects identified
consistent with this collaborative framework.
Conclusion
Consistent with direction provided by the President under the
Healthy Forests Initiative and the 10-Year Comprehensive Strategy
Implementation Plan, the agencies propose two new categorical
exclusions: one for hazardous fuels reduction and one for stabilization
and rehabilitation of resources and infrastructure after a fire. Based
upon a review of field data, the agencies conclude that actions
identified in the proposed categories would not individually or
cumulatively have significant effects on the human environment and,
therefore, would not require preparation of an environmental assessment
or an environmental impact statement.
These proposed categorical exclusions would permit timely response
to forest health problems involving hazardous fuels and would provide
for timely stabilization and rehabilitation of resources and
infrastructure impacted by fire and/or wildfire suppression. Public
comment is invited on this proposal and will be considered in adopting
final categorical exclusions. The text of the proposed categorical
exclusions is set out at the end of this notice.
Regulatory Certifications
Environmental Impact
These proposed categorical exclusions would add direction to guide
field employees in the USDA Forest Service and the Department of the
Interior regarding requirements for National Environmental Policy Act
(NEPA) documentation for fire management activities. Forest Service
Handbook 1909.15, section 31.1b categorically excludes from
documentation in an environmental assessment or environmental impact
statement ``rules, regulations, or policies to establish Service-wide
administrative procedures, program processes, or instructions.''
Department of the Interior Manual 516 DM, chapter 2, Appendix 1
categorically excludes from documentation in an environmental
assessment or environmental impact statement ``policies, directives,
regulations, and guidelines of an administrative, financial, technical,
or procedural nature.'' The agencies' preliminary assessment is that
these proposed categorical exclusions fall within these categories of
actions in the absence of extraordinary circumstances. A final
determination will be made upon adoption of the final categorical
exclusions. In addition, pursuant to 40 CFR 1505.1 and 1507.3, the USDA
Forest Service and the Department of the Interior are consulting with
the Council on Environmental Quality (CEQ) to ensure full compliance
with the purposes and provisions of NEPA and the CEQ implementing
regulations.
Regulatory Impact
These proposed categorical exclusions have been reviewed under
Departmental procedures and Executive Order 12866 on Regulatory
Planning and Review. The Office of Management and Budget (OMB) has
determined that this is a significant regulatory action as defined by
Executive Order 12866. Accordingly,
[[Page 77043]]
OMB has reviewed these proposed categorical exclusions.
This action to add two categorical exclusions to the agencies' NEPA
procedures will not have an annual effect of $100 million or more on
the economy or adversely affect productivity, competition, jobs, the
environment, public health or safety, or State, tribal, or local
governments. This action may interfere with an action taken or planned
by another agency or raise new legal or policy issues. Finally, this
action will not alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
of such programs. Accordingly, this action is subject to Office of
Management and Budget review under Executive Order 12866.
Moreover, this action has been considered in light of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and it is hereby
certified that the proposed categorical exclusions will not have a
significant economic impact on a substantial number of small entities
as defined by the act because it will not impose record-keeping
requirements on them; it will not affect their competitive position in
relation to large entities; and it will not affect their cash flow,
liquidity, or ability to remain in the market.
Federalism
The agencies have considered these proposed categorical exclusions
under the requirements of Executive Order 13132, Federalism, and have
concluded that they conform with the federalism principles set out in
this Executive Order; will not impose any compliance costs on the
States; and will not have substantial direct effects on the States or
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, the agencies have determined that no further
assessment of federalism implications is necessary.
Consultation and Coordination With Indian Tribal Governments
These proposed categorical exclusions do not have tribal
implications as defined by Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments, and therefore advance
consultation with tribes is not required.
No Takings Implications
These proposed categorical exclusions have been analyzed in
accordance with the principles and criteria contained in Executive
Order 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights, and it has been determined
that the proposed categorical exclusions do not pose the risk of a
taking of Constitutionally protected private property.
Civil Justice Reform
In accordance with Executive Order 12988, it has been determined
that these categorical exclusions do not unduly burden the judicial
system and that they meet the requirements of sections 3(a) and 3(b)(2)
of the Order.
Unfunded Mandates
Pursuant to title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the agencies have assessed the effects of these proposed
categorical exclusions on State, local, and tribal governments and the
private sector. These proposed categorical exclusions do not compel the
expenditure of $100 million or more by any State, local, or tribal
government or anyone in the private sector. Therefore, a statement
under section 202 of the act is not required.
Energy Effects
These proposed categorical exclusions have been reviewed under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use. It has been
determined that these proposed categorical exclusions do not constitute
a significant energy action as defined in the Executive order.
Controlling Paperwork Burdens on the Public
These proposed categorical exclusions do not contain any additional
record keeping or reporting requirements or other information
collection requirements as defined in 5 CFR part 1320 that are not
already required by law or not already approved for use, and therefore,
impose no additional paperwork burden on the public. Accordingly, the
review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) and its implementing regulations at 5 CFR part 1320 do
not apply.
For the Forest Service, U.S. Department of Agriculture.
Dated: December 10, 2002.
Dale N. Bosworth,
Chief.
For the U.S. Department of the Interior.
Dated: December 11, 2002.
Christopher B. Kearney,
Acting Assistant Secretary for Policy, Management and Budget.
Proposed Categorical Exclusions
Note: When the proposed categorical exclusions have been
finalized, the USDA Forest Service and the Department of the
Interior will issue the categorical exclusions in their NEPA
procedures. The categorical exclusions would appear in Forest
Service Handbook (FSH) 1909.15, Environmental Policy and Procedures,
section 31.2 and Department of the Interior Manual 516 DM, chapter
2, Appendix 1, Departmental Categorical Exclusions. Reviewers who
wish to view the entire chapter 30 of FSH 1909.15 may obtain a copy
electronically from the USDA Forest Service directives page on the
World Wide Web at http://www.fs.fed.us/im/directives/. Reviewers who
wish to view the Department of the Interior Manual 516 DM may obtain
a copy electronically from the Department of the Interior page at
http://elips.doi.gov/table.cfm.
Following is the text of the two categorical exclusions:
[sbull] Hazardous fuels reduction activities (prescribed fire, and
mechanical or biological methods such as crushing, piling, thinning,
pruning, cutting, chipping, mulching, grazing and mowing) when the
activity has been identified consistent with the framework described in
A Collaborative Approach for Reducing Wildland Fire Risks to
Communities and the Environment 10-Year Comprehensive Strategy
Implementation Plan. Such activities:
--Shall be conducted consistent with agency and Departmental procedures
and land and resource management plans; and
--Shall not be conducted in wilderness areas or impair the suitability
of wilderness study areas for preservation as wilderness; and
--Shall not include the use of herbicides or pesticides or the
construction of new permanent roads or other new permanent
infrastructure.
[sbull] Activities (such as reseeding or planting, fence
construction, culvert repair, installation of erosion control devices,
and repair of roads and trails) necessary for the stabilization and
rehabilitation of habitat, watersheds, historical, archeological, and
cultural sites and infrastructure impacted by wildfire and/or wildfire
suppression. Such activities:
--Shall be conducted consistent with agency and Departmental procedures
and land and resource management plans; and
--Shall not include the use of herbicides or pesticides or the
[[Page 77044]]
construction of new permanent roads or other new permanent
infrastructure.
[FR Doc. 02-31576 Filed 12-11-02; 3:00 pm]