[Federal Register: August 10, 2004 (Volume 69, Number 153)]
[Proposed Rules]
[Page 48435-48440]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au04-31]
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DENALI COMMISSION
45 CFR Chapter IX
National Environmental Policy Act Implementing Procedures
AGENCY: Denali Commission.
ACTION: Proposed rule.
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SUMMARY: The Denali Commission proposes to establish 45 CFR chapter IX
and to add regulations for implementing the National Environmental
Policy Act of 1969 (NEPA) and invites public comment on the proposed
rule. All comments will be considered in preparing the final version.
DATES: Comments and related material must be received by September 9,
2004.
ADDRESSES: Submit comments to the Denali Commission, Attn: NEPA
Comments; 510 L Street, Suite 410; Anchorage, AK 99501. Comments may be
inspected in Suite 410 between 8:30 a.m. and 5 p.m., weekdays, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Al Ewing, Denali Commission; 510 L
Street, Suite 410; Anchorage, AK 99501. Telephone: (907) 271-1414. E-
mail: communications@denali.gov.
SUPPLEMENTARY INFORMATION:
Background
Introduced by Congress in 1998, the Denali Commission (Commission)
is an innovative federal-state partnership designed to provide critical
utilities, infrastructure, and economic support throughout Alaska. With
the creation of the Commission, Congress acknowledged the need for
increased inter-agency cooperation and focus on Alaska's remote
communities. Since its first meeting in April 1999, the Commission is
credited with providing numerous cost-shared infrastructure projects
across the State that exemplify effective and efficient partnership
between federal and state agencies, and the private sector.
The National Environmental Policy Act (NEPA) and implementing
regulations promulgated by the Council on Environmental Quality (CEQ)
(40 CFR parts 1500-1508) establish a broad national policy to protect
the quality of the human environment and to ensure that environmental
considerations and associated public concerns are given careful
attention and appropriate weight in all decisions of the federal
government. Sections 102(2) of NEPA and 40 CFR 1505.1 and 1507.3
require federal agencies to develop and, as needed, revise implementing
procedures consistent with the CEQ regulations. The Denali Commission
proposes the following as policy and procedures for complying with NEPA
and CEQ regulations.
Section 1508.4 of the CEQ regulations provides for categories of
action that do not individually or cumulatively have significant
effects on the human environment, and therefore, do not require the
preparation of an environmental impact statement (EIS) or an
environmental assessment (EA). In keeping with both the Congressional
mandate of interagency cooperation and the CEQ's goals of eliminating
duplication and reducing delay, per the CEQ suggestion, the Denali
Commission examined existing categorical exclusions from other federal
agencies to determine whether similar categorical
[[Page 48436]]
exclusions might be applicable to Denali Commission actions that are
similar in nature, scope, intensity and effect. Attachment A to part
900 contains a list of proposed categorical exclusions.
Request for Comment
The Denali Commission encourages interested persons to submit
written data and comments. Written comments should include the name,
address, and contact information of the submitter and should be
submitted to the address provided above. A stamped, self-addressed
postcard or envelope should be submitted with comments for
acknowledgement of receipt. The Denali Commission will consider all
comments received during the comment period.
List of Subjects in 45 CFR Part 900
Administrative practice and procedure, Environmental impact
statements, Environmental protection.
For the reasons stated in the preamble, the Denali Commission
proposes to establish title 45 of the CFR, chapter IX, consisting of
parts 900 through 999, and to add part 900 reading as follows:
CHAPTER IX--DENALI COMMISSION
PART 900--NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING PROCEDURES
Subpart A--General
Sec.
900.101 Purpose.
900.102 Environmental policy.
900.103 Terms and abbreviations.
900.104 Applicability.
900.105 Applicant responsibility.
900.106 Denali Commission responsibility.
900.107 Role of lead and cooperating agencies.
900.108 Public involvement.
Subpart B--Environmental Review Procedures
900.201 Environmental review process.
900.202 Emergency actions and variance.
900.203 Determination of Federal actions.
900.204 Categorical exclusions.
900.205 Environmental assessment.
900.206 Environmental impact statement.
Subpart C--Environmental Assessments
900.301 Content.
900.302 Adoption and incorporation by reference.
900.303 Public involvement.
900.304 Actions resulting from assessment.
900.305 Findings of no significant impact.
900.306 Proposals normally requiring an EA.
Subpart D--Environmental Impact Statements
900.401 Notice of Intent and Scoping.
900.402 Preparation and filing of draft and final EISs.
900.403 Supplemental EIS.
900.404 Adoption.
900.405 Proposals normally requiring an EIS.
Appendix A to Part 900--Categorical Exclusions
Authority: 42 U.S.C. 3121; 4321; 40 CFR parts 1500-1508.
Subpart A--General
Sec. 900.101 Purpose.
This regulation (45 CFR part 900) prescribes the policies and
procedures of the Denali Commission (Commission) for implementing the
National Environmental Policy Act of 1969 (NEPA) as amended (42 U.S.C.
4321-4347); the Council on Environmental Quality (CEQ) Regulations for
Implementing the Procedural Provisions of NEPA (40 CFR parts 1500
through 1508); and other related Federal environmental laws, statutes,
regulations, and Executive Orders that apply to Commission programs and
administrative actions. This part supplements, and is to be used in
conjunction with, 40 CFR parts 1500 through 1508.
Sec. 900.102 Environmental policy.
It is the policy of the Commission to:
(a) Comply with the procedures and policies of NEPA and other
related environmental laws, regulations, and orders applicable to
Commission actions;
(b) Provide guidance to applicants responsible for ensuring that
proposals comply with all appropriate Commission requirements;
(c) Integrate NEPA requirements and other planning and
environmental review procedures required by law or Commission practice
so that all such procedures run concurrently rather than consecutively;
(d) Encourage and facilitate public involvement in Commission
decisions that affect the quality of the environment;
(e) Use the NEPA process to identify and assess reasonable
alternatives to proposed Commission actions to avoid or minimize
adverse effects upon the quality of the human environment;
(f) Use all practicable means consistent with NEPA and other
essential considerations of national policy to restore or enhance the
quality of the human environment and avoid or minimize any possible
adverse effects of the Commission's actions upon the quality of the
human environment; and
(g) Consider and give important weight to environmental factors,
along with other societal needs, in developing proposals and making
decisions in order to achieve a proper balance between the development
and utilization of natural, cultural and human resources and the
protection and enhancement of environmental quality (see NEPA section
101 and 40 CFR 1508.14).
Sec. 900.103 Terms and abbreviations.
(a) For the purposes of this part, the following definitions
supplement the uniform terminology provided in 40 CFR part 1508.
(1) Action. A project, program, plan, or policy, as discussed in 40
CFR 1508.18, subject to the Commission's control and responsibility.
(2) Applicant. The partner or organization applying for financial
assistance or other approval.
(3) Commission proposal (or proposal). A proposal, whether
initiated by the Commission, another Federal agency, or an applicant,
for any action that requires a Commission decision, as discussed at 40
CFR 1508.23.
(4) Federal Co-Chair. One of the seven members of the Commission,
appointed by the Secretary of Commerce, as defined in the Denali
Commission Act of 1998, 42 U.S.C. 3121.
(b) The following abbreviations are used throughout this part:
(1) CATEX--Categorical exclusions;
(2) CEQ--Council on Environmental Quality;
(3) EA--Environmental assessment;
(4) EIS--Environmental impact statement;
(5) FONSI--Finding of no significant impact;
(6) NEPA--National Environmental Policy Act of 1969, as amended;
(7) NOI--Notice of intent;
(8) ROD--Record of decision.
Sec. 900.104 Applicability.
The Denali Commission was created to deliver the services of the
Federal government in the most cost-effective manner practicable. In
order to reduce administrative and overhead costs, the Commission
partners with Federal and State agencies and commonly depends on these
agencies for project management. Consequently, the Commission generally
relies on the expertise and processes already in use by partnering
Federal and State agencies to prepare NEPA analysis and documents.
Sec. 900.105 Applicant responsibility.
Applicants, under Commission direction (contact Chief of Staff at
907-271-1414), shall generally assume the following responsibilities of
environmental review:
(a) Comply with the provisions of NEPA (42 U.S.C. 4321-4347), the
CEQ
[[Page 48437]]
regulations (40 CFR parts 1500 through 1508), and the requirements set
forth in this part;
(b) Prepare and disseminate the applicable environmental
documentation concurrent with a proposal's engineering, planning, and
design;
(c) Submit all environmental documents created pursuant to this
part to the Commission for review and approval before public
distribution;
(d) Create and distribute public notices;
(e) Coordinate public hearings and meetings as required;
(f) Participate in all Commission-conducted hearings or meetings;
(g) Consult with the Commission prior to obtaining the services of
an environmental consultant; in the case that an environmental impact
statement (EIS) is required, the consultant or contractor will be
selected by the Commission;
(h) Implement mitigation measures stated in environmental
documents.
Sec. 900.106 Denali Commission responsibility.
(a) The Denali Commission's Chief of Staff shall provide
environmental guidance to the Commission's approving official and to
the applicant;
(b) The Commission's approving official shall provide guidance and
oversight in the identification and development of required
documentation;
(c) The Commission's approving official shall make an independent
evaluation of the environmental issues, take responsibility for the
scope and content of the environmental document (EA or EIS), and make
the environmental finding, where applicable.
Sec. 900.107 Role of lead and cooperating agencies.
In accordance with Sec. 900.104, the Commission will defer lead
agency role to other Federal agencies whenever appropriate in
accordance with 40 CFR 1501.5, and the Commission will exercise its
role as a cooperating agency in accordance with 40 CFR 1501.6.
Sec. 900.108 Public involvement.
(a) Interested persons and the affected public shall be provided
notice of the availability of environmental documents, NEPA-related
hearings, and public meetings.
(b) Applicants, when conducting the NEPA process, shall provide the
opportunity for public participation and shall consider the public
comments on the proposal as described in subparts C and D to this part.
(c) Interested persons can obtain information or status reports on
EISs and other elements of the NEPA process from the Commission's
office at 510 L Street, Suite 410; Anchorage, Alaska 99501. Telephone:
(907) 271-1414.
Subpart B--Environmental Review Procedures
Sec. 900.201 Environmental review process.
(a) General. The environmental review process is the investigation
of potential environmental impacts to determine the environmental
process to be followed and to assist in the preparation of the
environmental document.
(b) Early coordination. Applicants will begin the environmental
review process as soon as Denali Commission assistance is projected.
Environmental issues shall be identified and considered early in the
proposal planning process. Applicants shall use a systematic,
interdisciplinary approach that includes community involvement and
intergovernmental coordination to expand the potential sources of
information and identify areas of concern. Environmental permits and
other forms of approval, concurrence, or consultation may be required.
The planning process shall include permitting and other review
processes to ensure that necessary information will be collected and
provided to permitting and reviewing agencies in a timely manner.
Sec. 900.202 Emergency actions and variance.
(a) Emergency actions requiring EISs. The Commission may take an
action without observing all provisions of this part or the CEQ
Regulations (40 CFR parts 1500 through 1508), in accordance with 40 CFR
1506.11, in emergency situations that demand immediate action and
require preparation of an EIS. The Commission shall notify the CEQ as
early as possible when it is considering such action. The Commission
shall document emergency actions and identify impacts from the actions
taken, as well as further mitigation necessary. Further analyses and
documentation may be required.
(b) Emergency actions requiring EAs. In emergency situations that
demand immediate action and require preparation of an environmental
assessment (EA), any variance from the requirements of this part (45
CFR part 900) must be based on the interests of national security or
public health, safety, or welfare. Emergency actions must have the
advance written approval of the Federal Co-Chair or his/her designee.
The Commission shall publish a notice in the Federal Register
specifying the variance granted and its basis. Under no circumstances
is the Federal Co-Chair or his/her designee authorized to waive or
grant a variance from any requirement of the CEQ Regulations, except as
provided for in those regulations.
(c) Reduction of time periods. In the interests of national
security or the public health, safety, or welfare, the Commission may
reduce any time periods that are not required by the CEQ Regulations.
The Commission shall publish a notice in the Federal Register and
notify interested parties (see 40 CFR 1506.6) specifying the revised
time periods and the rationale for the reduction.
Sec. 900.203 Determination of Federal actions.
(a) The Commission shall determine, under the procedures detailed
in the CEQ Regulations (40 CFR parts 1500 through 1508) and this part,
whether any Commission proposal:
(1) Is statutorily exempt from a portion or all of the NEPA
process;
(2) Is categorically excluded from preparation of either an EIS or
an EA;
(3) Requires preparation of an EA; or
(4) Requires preparation of an EIS.
(b) Notwithstanding any other provision of this part, the
Commission may prepare a NEPA document for any Commission action at any
time in order to further the purposes of NEPA. This NEPA document may
be done to analyze the consequences of ongoing activities, to support
Commission planning, to assess the need for mitigation, to disclose
fully the potential environmental consequences of Commission actions,
or for any other reason. Documents prepared under this paragraph shall
be prepared in the same manner as Commission documents prepared under
paragraph (a) of this section.
Sec. 900.204 Categorical exclusions.
(a) General. A categorical exclusion (CATEX) is defined by 40 CFR
1508.4 as an action having no significant individual or cumulative
effect on the human environment and, for which in the absence of
extraordinary circumstances or sensitive resources, neither an EA nor
an EIS is required. Actions consistent with any of the categories
listed in section A of appendix A of this part are eligible for
categorical exclusion and no documentation is required. All other
activities, as listed in section B of appendix A, require satisfactory
completion of a CATEX checklist.
[[Page 48438]]
(b) Organization. All CATEXs may be applied by any organizational
element of the Commission. The sectional divisions in Appendix A of
this part are solely for purposes of organization of that appendix and
are not intended to be limiting.
(c) Extraordinary circumstances. Any action that normally would be
classified as a CATEX but could involve extraordinary circumstances
will require appropriate environmental review to determine if the CATEX
classification is proper. Extraordinary circumstances to be considered
include those likely to:
(1) Have a reasonable likelihood of significant impacts on public
health, public safety, or the environment;
(2) Have effects on the environment that are likely to be highly
controversial or involve unresolved conflicts concerning alternative
uses of available resources;
(3) Have possible effects on the human environment that are highly
uncertain, involve unique or unknown risks, or are scientifically
controversial;
(4) Establish a precedent for future action or represent a decision
in principle about future actions with potentially significant
environmental effects;
(5) Relate to other actions with individually insignificant but
cumulatively significant environmental effects;
(6) Have a greater scope or size than is normal for the category of
action;
(7) Have the potential to degrade already existing poor
environmental conditions or to initiate a degrading influence,
activity, or effect in areas not already significantly modified from
their natural condition;
(8) Have a disproportionately high and adverse effect on low income
or minority populations; or
(9) Limit access to and ceremonial use of Indian sacred sites on
Federal lands by Indian religious practitioners or adversely affect the
physical integrity of such sacred sites.
(d) Sensitive resources. A proposal that adversely affects
environmentally sensitive resources may not be categorically excluded
unless the impact has previously been resolved through another
environmental process, such as coordination or consultation under the
Coastal Zone Management Act or National Historic Preservation Act.
Environmentally sensitive resources to be considered include the
following:
(1) Properties listed, or eligible for listing, in the National
Register of Historic Places;
(2) Species listed, or proposed to be listed, on the List of
Endangered or Threatened Species, or their habitat; or
(3) 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; and other ecologically significant or
critical areas.
Sec. 900.205 Environmental assessment.
(a) An EA is required for all proposals, except those exempt or
categorically excluded under this part, and those requiring or
determined to require an EIS. EAs provide sufficient evidence and
analysis to determine whether to prepare an EIS or a finding of no
significant impact (FONSI).
(b) In addition, an EA may be prepared on any action at any time in
order to assist in planning and decisionmaking, to aid in the
Commission's compliance with NEPA when no EIS is necessary, or to
facilitate EIS preparation.
(c) EAs shall be prepared in accordance with subpart C of this part
and shall contain analyses to support conclusions regarding
environmental impacts.
Sec. 900.206 Environmental impact statement.
An EIS is required when the project is determined to have a
potentially significant impact on the human environment. EISs shall be
prepared in accordance with subpart D of this part.
Subpart C--Environmental Assessments
Sec. 900.301 Content.
(a) An EA must include brief discussions of the need for the
proposal; of alternatives to the proposal as required by NEPA section
102(2)(E); and of the environmental impacts of the proposal and
alternatives. The EA must also include a listing of agencies and
persons consulted.
(b) An EA may describe a broad range of alternatives and proposed
mitigation measures to facilitate planning and decisionmaking.
(c) The EA should also document compliance, to the extent possible,
with all applicable environmental laws and Executive Orders, or provide
reasonable assurance that those requirements can be met.
(d) The level of detail and depth of impact analysis will normally
be limited to the minimum needed to determine the significance of
potential environmental effects.
Sec. 900.302 Adoption and incorporation by reference.
(a) An environmental document prepared for a proposal before the
Commission by another agency, entity, or person (including an
applicant) may be adopted as an EA if, upon independent evaluation by
the responsible Commission official, it is found to comply with this
part and relevant provisions of 40 CFR parts 1500 through 1508.
(b) A responsible official may use an environmental document that,
upon independent evaluation, is found not to comply with the
requirements of an EA, if the responsible official incorporates the
document by reference in accordance with 40 CFR 1502.21 and augments it
as necessary to meet the requirements of an EA or an EIS.
(c) If such an EA is adopted or incorporated by reference, the
responsible Commission official shall prepare a notice of availability
and proposed FONSI; or, if the EA results in the decision to do an EIS,
the responsible Commission official shall prepare a notice of intent
(NOI). In either case, the FONSI or NOI shall acknowledge the origin of
the EA and take full responsibility for its scope and content.
Sec. 900.303 Public involvement.
The public must be provided notice of the availability of EAs in
accordance with 40 CFR 1506.6. Commission approval is required before
an EA is made available to the public and the notice of availability is
published. The applicant is responsible for making the EA available for
public inspection and sending an EA notice of availability to the
affected units of Alaska Native/American Indian tribal organizations,
and Federal, State and local government. Final Commission action will
be taken after public comments are reviewed and considered.
Sec. 900.304 Actions resulting from assessment.
(a) Accepted without modification. A proposal may be accepted
without modifications if the EA indicates that the proposal does not
have significant environmental impacts and a FONSI is prepared.
(b) Accepted with modification. If an EA identifies potentially
significant environmental impacts, the proposal may be modified to
eliminate such impacts. Proposals so modified may be accepted if the
proposed changes are evaluated in an EA and a FONSI is
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prepared. The FONSI shall list any mitigation measures necessary to
make the recommended alternative environmentally acceptable and
describe applicable monitoring and enforcement measures intended to
ensure the implementation of the mitigation measures.
(c) Rejected. A proposal should be rejected if significant and
unavoidable adverse environmental impacts would still exist after
modifications have been made to the proposal and an EIS is not
prepared.
(d) Prepare an EIS. A proposal shall require an EIS, prepared in
accordance with subpart D to this part, if the EA indicates significant
environmental impacts.
Sec. 900.305 Findings of no significant impact.
(a) Definition. Finding of no significant impact means a document
by the Commission briefly presenting the reasons why an action, not
otherwise excluded as provided in subpart B of this part, will not have
a significant impact on the human environment and for which an EIS will
not be prepared.
(b) Applicant responsibility. The applicant shall furnish the
Commission with a copy of the EA; the public hearing summary or
minutes, where applicable; and copies of any written comments received
and responses thereto. In addition, the applicant shall recommend the
Commission prepare a FONSI.
(c) Content. A FONSI shall include the EA or a summary of it and
shall note any other environmental documents related to it (40 CFR
1501.7(a)(5)). If the assessment is included, the finding need not
repeat any of the discussion in the assessment but may incorporate it
by reference.
(d) Public involvement. The Commission shall make the FONSI
available to the public and to the affected units of Alaska Native/
American Indian tribal organizations, and Federal, State and local
government as specified in 40 CFR 1506.6.
(e) Special circumstances. The FONSI notice of availability will be
made available for 30 days in cases described in 40 CFR 1501.4(e)(2).
Sec. 900.306 Proposals normally requiring an EA.
Proposals that normally require preparation of an EA include the
following:
(a) Initial field demonstration of a new technology;
(b) Field trials of a new product or new uses of an existing
technology;
(c) Alteration of a sensitive resource, as defined in Sec.
900.204(d), by physical, chemical or biological means.
Subpart D--Environmental Impact Statements
Sec. 900.401 Notice of Intent and Scoping.
(a) The Commission shall publish a NOI, as described in 40 CFR
1508.22, in the Federal Register as soon as practicable after a
decision is made to prepare an EIS, in accordance with 40 CFR 1501.7.
If there will be a lengthy period of time between the Commission's
decision to prepare an EIS and its actual preparation, the Commission
may defer publication of the NOI until a reasonable time before
preparing the EIS, provided that the Commission allows a reasonable
opportunity for interested parties to participate in the EIS process.
Through the NOI, the Commission shall invite comments and suggestions
on the scope of the EIS.
(b) Publication of the NOI in the Federal Register shall begin the
public scoping process. The public scoping process for a Commission EIS
shall allow a minimum of 30 days for the receipt of public comments.
Sec. 900.402 Preparation and filing of draft and final EISs.
(a) General. Except for proposals for legislation as provided for
in 40 CFR 1506.8, EISs shall be prepared in two stages and may be
supplemented.
(b) Format. The EIS format recommended by 40 CFR 1502.10 shall be
used unless a determination is made on a particular project that there
is a compelling reason to do otherwise. In such a case, the EIS format
must meet the minimum requirements prescribed in 40 CFR 1502.10.
(c) Applicant & Commission responsibility. The draft or final EIS
shall be prepared by the Commission in cooperation with the applicant
or, where permitted by law, by the applicant with appropriate guidance
from the Commission.
(d) Third-party consultants. A third-party consultant selected by
the Commission or in cooperation with a cooperating agency may prepare
the draft or final EIS. The Commission shall provide guidance,
participate in its preparation, independently evaluate, and take
responsibility for the draft or final EIS.
(e) Filing. After a draft or final EIS has been prepared, the
Commission and applicant shall concurrently file the draft or final EIS
with the Environmental Protection Agency (EPA). The EPA will publish a
notice of availability in accordance with 40 CFR 1506.9 and 1506.10.
(f) Draft to final EIS. When a final EIS does not require
substantial changes from the draft EIS, the Commission may document
required changes in errata sheets, insertion pages, and revised
sections. The Commission will then circulate such changes together with
comments on the draft EIS, responses to comments, and other appropriate
information as its final EIS. The Commission will not circulate the
draft EIS again; however, the Commission will provide the draft EIS if
requested.
(g) ROD. A record of decision (ROD) will be prepared in accordance
with 40 CFR 1505.2.
Sec. 900.403 Supplemental EIS.
(a) Supplements to either draft or final EISs shall be prepared, as
prescribed in 40 CFR 1502.9, when substantial changes are proposed in a
project that are relevant to environmental concerns; or when there are
significant new circumstances or information relevant to environmental
concerns and bearing on the proposed action or its impacts.
(b) Where action remains to be taken and the EIS is more than a
year old, the Commission will review the EIS to determine whether it is
adequate or requires supplementation.
(c) The Commission and applicant shall prepare, circulate and file
a supplement to an EIS in the same fashion (exclusive of scoping) as a
draft and final EIS. In addition, the supplement and accompanying
administrative record shall be included in the administrative record
for the proposal.
(d) An NOI to prepare a supplement to a final EIS will be published
in those cases where a ROD has already been issued.
Sec. 900.404 Adoption.
(a) The Commission may adopt a federal draft or final EIS.
(b) If the actions covered by the original EIS and the proposal are
substantially the same, the Commission shall recirculate it as a final
statement. Otherwise, the Commission shall treat the statement as a
draft and recirculate it.
(c) Where the Commission is a cooperating agency, it may adopt the
EIS of the lead agency without recirculating it when, after an
independent review of the EIS, the Commission concludes that its
comments and suggestions have been satisfied.
[[Page 48440]]
Sec. 900.405 Proposals normally requiring an EIS.
The responsible official shall assure that an EIS will be prepared
and issued for proposals when it is determined that any of the
following conditions exist:
(a) The proposal may significantly affect the pattern and type of
land use (industrial, commercial, agricultural, recreational,
residential) or the growth and distribution of population;
(b) The effects resulting from any structure or facility
constructed or operated under the proposal may conflict with local,
regional or State land use plans or policies;
(c) The proposal may have significant adverse effects on wetlands,
including indirect and cumulative effects, or any major part of a
structure or facility constructed or operated under the proposal may be
located in wetlands;
(d) The proposal may likely adversely affect species protected
under the Endangered Species Act or their habitats, such as when a
structure or a facility constructed or operated under the proposal may
be located in the habitat;
(e) Implementation of the proposal may directly cause or induce
changes that significantly:
(1) Displace population;
(2) Alter the character of existing residential areas;
(3) Adversely affect a floodplain.
Appendix A to Part 900--Categorical Exclusions
A. General Categorical Exclusions
Actions consistent with any of the following categories are
eligible for a categorical exclusion:
A1. Routine administrative and management activities including,
but not limited to, those activities related to budgeting, finance,
personnel actions, procurement activities, compliance with
applicable executive orders and procedures for sustainable or
``greened'' procurement, retaining legal counsel, public affairs
activities (e.g., issuing press releases, newsletters and notices of
funding availability), internal and external program evaluation and
monitoring (e.g., site visits), database development and
maintenance, and computer systems administration.
A2. Routine activities that the Commission does to support its
program partners and stakeholders, such as serving on task forces,
ad hoc committees or representing Commission interests in other
forums.
A3. Approving and issuing grants for administrative overhead
support.
A4. Approving and issuing grants for social services, education
and training programs, including but not limited to support for Head
Start, senior citizen programs, drug treatment programs, and funding
internships, except for projects involving construction, renovation,
or changes in land use.
A5. Approving and issuing grants for facility planning and
design.
A6. Nondestructive data collection, inventory, study, research,
and monitoring activities (e.g., field, aerial and satellite
surveying and mapping).
A7. Research, planning grants and technical assistance projects
that are not reasonably expected to commit the Federal government to
a course of action, to result in legislative proposals, or to result
in direct development.
B. Program Categorical Exclusions
Actions consistent with any of the following categories are
eligible for a categorical exclusion upon completion of the Denali
Commission categorical exclusion checklist:
B1. Acquisition and installation of equipment including, but not
limited to, EMS, emergency and non-expendable medical equipment
(e.g., digital imaging devices and dental equipment) and
communications equipment (e.g., computer upgrades) provided all
requirements for permits, registrations, and licenses are met and
provided the equipment involves use of generally accepted
technology.
B2. Routine upgrade, repair, maintenance, replacement or minor
renovations, and additions to buildings, roads, airfields, grounds,
equipment, and other facilities including, but not limited to, roof
replacement, foundation repair, ADA access ramp and door
improvements, HVAC renovations, painting, floor system replacement,
repaving parking lots and ground maintenance that do not result in a
change in the functional use of the real property.
B3. Engineering studies and investigations, including soil
boring and test well drilling, to gather data for the purpose of
determining engineering feasibility and permitting facility design.
B4. Construction or lease of new facilities including, but not
limited to, portable facilities, trailers, health care facilities,
bulk commodity storage and power generation facilities where such
lease or construction:
(a) Is at the site of an existing facility and the facility
capacity is not substantially increased;
(b) Is for buildings of less than 12,000 square feet of useable
space when less than five acres of surface land area are involved at
a new site; or
(c) Is for projects other than buildings when one of the
following conditions exist:
1. The project lies within existing boundaries of a previously
disturbed site;
2. Less than two acres of surface land area involving known
high-value wetlands are involved at a new site; or
3. Less than five acres of surface land area not involving high-
value wetlands are involved at a new site.
B5. Actions associated with construction of sanitation
facilities to serve rural homes and communities with the exception
of the following actions: (a) Construction of a sanitary landfill at
a new solid waste disposal site, and (b) Construction of a new
wastewater treatment facility with direct discharge of treated
sewage to surface waters.
B6. Construction of electric power stations (including switching
stations and support facilities) with power delivery at 480 kV or
below, modification (other than voltage increases) of existing
stations and support facilities that could involve the construction
of electric powerlines approximately ten miles in length or less, or
relocation of existing electric powerlines approximately twenty
miles in length or less, but not the integration of major new
generation resources into a main transmission system.
B7. Construction of electric powerlines approximately ten miles
in length or less that are not intended to integrate major new
generation resources into a main transmission system.
B8. Reconstruction (upgrading or rebuilding) and/or minor
relocation of existing electric powerlines approximately twenty
miles in length or less to enhance environmental and land use
values. Such actions include relocations to avoid right-of-way
encroachments, resolve conflict with property development,
accommodate road/highway construction, allow for the construction of
facilities such as canals and pipelines, or reduce existing impacts
to environmentally sensitive areas.
Dated: July 29, 2004.
Jeffrey B. Staser,
Federal Co-Chair.
[FR Doc. 04-18100 Filed 8-9-04; 8:45 am]
BILLING CODE 3300-01-P