[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47862-47864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19648]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
National Environmental Policy Act: Implementing Procedures;
Addition to Categorical Exclusions for Bureau of Indian Affairs
AGENCY: Department of the Interior.
ACTION: Notice of Final National Environmental Policy Act Implementing
Procedures.
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SUMMARY: This notice announces the addition of a new categorical
exclusion under the National Environmental Policy Act (NEPA) to be
included in the Departmental Manual 516 DM 10. The proposed categorical
exclusion pertains to the leasing and funding for single-family
homesites on Indian land, including associated improvements and
easements, which encompass five acres or less of contiguous land.
[[Page 47863]]
DATES: Effective Date: The categorical exclusion is effective August
10, 2012.
ADDRESSES: To obtain a copy of the new categorical exclusion contact
Marvin Keller, NEPA Coordinator--Indian Affairs, 12220 Sunrise Valley
Drive, Reston, VA 20191, email: [email protected].
FOR FURTHER INFORMATION CONTACT: Marvin Keller, NEPA Coordinator--
Indian Affairs, (703) 390-6470.
SUPPLEMENTARY INFORMATION:
Background
The need for adequate housing is critical on most Indian
reservations. Several hundred actions associated with new home
construction are processed each year and this is expected to continue
at the same level. The Bureau of Indian Affairs (BIA) has typically
conducted NEPA reviews of actions associated with single-family homes
by preparing environmental assessments which resulted in Findings of No
Significant Impact. The addition of a categorical exclusion to cover
the actions associated with new home construction will allow for a more
efficient NEPA review.
Because this categorical exclusion has important implications for
actions occurring daily on Indian lands, the BIA initiated consultation
and requested comments from all federally recognized tribes. This
consultation period began on March 7, 2012, and concluded on May 14,
2012. Public comments were also solicited through a notice placed in
the Federal Register on May 3, 2012 [77 FR 26314]. The proposed
language for the categorical exclusion as set out in the notice was as
follows: ``Approval of leases, easements or funds for single-family
homesites and associated improvements, including but not limited to
homes, outbuildings, access roads, and utility lines, which encompass
five (5) acres or less of contiguous land, provided that such sites and
associated improvements do not adversely affect any tribal cultural
resources or historic properties and are in compliance with applicable
federal and tribal laws.''
Comments on the Proposal
The BIA received responses from 14 tribes and one tribal
organization. No public responses were received. The responses were in
the form of letters and email messages. All responses supported the
proposed categorical exclusion; a few suggested minor changes in the
language of the categorical exclusion.
Comment: One respondent expressed a concern about neighboring
tribes or tribal members constructing homes within their reservation
without complying with the tribe's laws. The respondent suggested that
the categorical exclusion should not be available for non-members or
outside tribes to construct homes on another tribe's lands.
Response: The categorical exclusion is intended to be applicable to
all tribes and tribal members who propose to construct single-family
homes on tribal land or individually-owned Indian land. However, the
proposed text of the categorical exclusion includes specific language
that references ``compliance with federal and tribal laws;'' therefore,
this categorical exclusion could not be used for any home construction
that does not comply with tribal law. The BIA does not propose any
additional changes to the language of the categorical exclusion in
response to this comment.
Comment: One respondent expressed concern that because of a
decrease in funds for the BIA Housing Improvement Program (HIP) the
categorical exclusion would not be effective.
Response: The HIP funding levels are outside the scope of this
proposal. However, the categorical exclusion is intended to address all
BIA actions associated with constructing single-family homes and
includes actions not associated with HIP funding.
Comment: A respondent suggested that the categorical exclusion
should include Housing and Urban Development (HUD) approved housing
activities.
Response: The BIA categorical exclusion can only apply to BIA
actions and cannot apply to another agency such as HUD. The proposed
BIA categorical exclusion is intended to be consistent with HUD's
existing categorical exclusions, so that the level of environmental
review will be similar.
Comment: A respondent suggested that since the categorical
exclusion is intended to include new construction this term should be
added to the text.
Response: The BIA agrees, and text of the categorical exclusion has
been changed to clearly indicate that it includes new construction as
intended.
Comment: A respondent noted that the BIA Federal Register notice
indicates a single-family homesite may include one to four dwelling
units, but the number of dwelling units is not referenced in the text
of the categorical exclusion. It was suggested that the number of
dwelling units should be referenced, and that, because the key factors
limiting the use of the categorical exclusion should be the area of
land affected (five acres) and the absence of any extraordinary
circumstances, it should not matter whether the limit of four dwelling
units are in a single building, two duplexes or four detached units.
Response: The BIA agrees the categorical exclusion should be
clearly defined as including one to four dwelling units as intended.
The BIA also believes that the categorical exclusion should be flexible
enough to include a range of housing options. We therefore added text
to the categorical exclusion to clarify that home construction may
include up to four dwelling units, whether in a single building or up
to four separate buildings. This clarification will also ensure the
categorical exclusion is consistent with HUD's existing categorical
exclusion [24 CFR 58.35(a)(4)(i)].
Comment: One respondent asked for clarification as to who would
have approval authority for the categorical exclusion: the agency
superintendent or a compacted self-governance tribe.
Response: Because the Federal government is responsible for
complying with NEPA, the approval authority for the categorical
exclusion is with the BIA responsible official. Tribes can prepare the
supporting NEPA documentation, but the approval must remain with the
BIA.
Conclusion
The Department of the Interior and the BIA find that the action
defined in the categorical exclusion presented at the end of this
notice does not individually or cumulatively have a significant effect
on the human environment. This finding is based on the analysis of
similar categorical exclusions used by other Federal departments and
agencies; the professional judgment of BIA environmental personnel who
had conducted environmental reviews of similar actions, which resulted
in Findings of No Significant Impact; and the post-construction
monitoring of homesites by environmental personnel that verified no
unforeseen effects had occurred.
Categorical Exclusion
The Department of the Interior will add the following categorical
exclusion to the Departmental Manual at 516 DM 10.5:
Approvals of leases, easements or funds for single family
homesites and associated improvements, including, but not limited
to, construction of homes, outbuildings, access roads, and utility
lines, which encompass five acres or less of contiguous lands,
provided that such sites and associated
[[Page 47864]]
improvements do not adversely affect any tribal cultural resources
or historic properties and are in compliance with applicable Federal
and tribal laws. Home construction may include up to four dwelling
units, whether in a single building or up to four separate
buildings.
Dated: August 3, 2012.
Willie R. Taylor,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2012-19648 Filed 8-9-12; 8:45 am]
BILLING CODE 4310-W7-P