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24 April 2008
[Federal Register: April 24, 2008 (Volume 73, Number 80)]
[Notices]
[Page 22162-22164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap08-60]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WO-210-08-1610-PN]
Notice of Availability of Revised NEPA Handbook
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of availability.
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SUMMARY: This notice announces the availability of the Bureau of Land
Management's (BLM) Handbook to support implementation of the procedures
the BLM uses to comply with the National Environmental Policy Act
(NEPA).
DATES: You may submit written comments on the NEPA Handbook within 90
days following the date this Notice of Availability is published in the
Federal Register.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: NEPA@blm.gov.
Mail: U.S. Department of the Interior, Director (210),
Bureau of Land Management, Mail Stop 850 LS, 1849 C St., NW.,
Attention: AD200, Washington, DC 20240.
Personal or messenger delivery: 1620 L Street, NW., Room
850, Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT: Peg Sorensen, Senior Planning and
Environmental Analyst--NEPA, 202-557-3564, peg_sorensen@blm.gov.
Persons who use a telecommunications device for the deaf (TDD) may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to
contact the above individuals during business hours. The FIRS is
available twenty-four hours a day, seven days a week, to leave a
message or question with the above individuals. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: This notice announces the availability of
the revised BLM NEPA Handbook for use by BLM personnel in the field.
The handbook provides supplemental information, guidance, and examples
to assure consistency with the Department of the Interior's
Departmental Manual (DOI DM) and the Council on Environmental Quality
(CEQ) NEPA regulations. The BLM NEPA Handbook (H-1790-1) was last
updated October 25, 1988 and revisions are necessary to update the
information and to reflect current NEPA guidance. The public can review
the revised edition of the NEPA Handbook on the BLM Web site at http://
www.blm.gov, on the left click on Information and then click on NEPA.
Note that the Web Guide links will be functional at a later date. The
handbook will be mailed to those who indicate that they want a hard
copy or compact disk. The handbook is based upon current regulation,
policy, and procedures.
The handbook revisions focus on helping the BLM improve analysis to
support decision making. The revisions to the NEPA Handbook are also
designed to make the NEPA process more efficient, avoiding redundant or
unnecessary documentation. The revisions include updates to clarify
definitions and incorporate new Departmental requirements.
Written Comments
The public is welcome to review and comment on the handbook.
Today's publication is a notice of internal BLM guidance and not a
rulemaking. Therefore, no formal comment period will occur resulting in
no obligation for the BLM to respond or address
[[Page 22163]]
comments from the public. If you choose to submit comments, please
limit such comments to issues pertinent to the handbook itself and
explain the reasons for any recommended changes. Where possible,
reference the specific section or paragraph of the handbook which you
are addressing.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment, including your personal identifying
information, may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Procedural Requirements: Although the NEPA Handbook is not a
rulemaking, we have addressed the various procedural requirements that
are generally applicable to proposed and final rulemaking to contribute
to this open review process.
Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993) it has
been determined that this action is the implementation of policy and
procedures applicable only to the BLM and not a significant regulatory
action. These policies and procedures would not impose a compliance
burden on the general economy.
Administrative Procedure Act
The NEPA Handbook is not subject to prior notice and opportunity to
comment under the Administrative Procedures Act because it provides
internal guidance to BLM personnel [5 U.S.C. 553(b)(A)]. In addition,
the Handbook does not establish agency procedures for implementing the
NEPA, and therefore does not require review by the CEQ or public notice
and the opportunity to comment under the CEQ regulations [40 CFR
1507.3(a)]. However, the Department of the Interior's (DOI) Office of
Environmental Policy and Compliance has reviewed the Handbook, and the
BLM has elected to invite public comment as well.
Regulatory Flexibility Act
This document is not subject to notice and comment under the
Administrative Procedures Act, and, therefore, is not subject to the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.). This document provides the BLM with instruction and
information under the NEPA and does not compel any other party to
conduct any action.
Small Business Regulatory Enforcement Fairness Act
This handbook does not comprise a major rule under 5 U.S.C. 804(2),
the Small Business Regulatory Enforcement Fairness Act. The document
will not have an annual effect on the economy of $100 million or more
and is expected to have no significant economic impacts. Further, it
will not cause a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government agencies, or
geographic regions and will [[Page 52596]] impose no additional
regulatory restraints in addition to those already in operation.
Finally, the document does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of United States based enterprises to compete with foreign
based enterprises.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501,
et seq.), this document will not significantly or uniquely affect small
governments. A Small Government Agency Plan is not required. The
document does not require any additional management responsibilities.
Further, this document will not produce a Federal mandate of $100
million or greater in any year, that is, it is not a significant
regulatory action under the Unfunded Mandates Reform Act. These
policies and procedures are not expected to have significant economic
impacts nor will they impose any unfunded mandates on other Federal,
State, or local government agencies to carry out specific activities.
Federalism
In accordance with Executive Order 13132, this document does not
have significant Federalism effects; and, therefore, a Federalism
assessment is not required. The policies and procedures will not have
substantial direct effects on the States, on the relationship between
the Federal government and the States, or on the distribution of power
and responsibilities among the various levels of government. No
intrusion on State policy or administration is expected, roles or
responsibilities of Federal or State governments will not change, and
fiscal capacity will not be substantially, directly affected.
Therefore, the document does not have significant effects or
implications on Federalism.
Paperwork Reduction Act
This document does not require information collection as defined
under the Paperwork Reduction Act. Therefore, this document does not
constitute a new information collection system requiring Office of
Management and Budget (OMB) approval under the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.).
National Environmental Policy Act
The CEQ regulations do not direct agencies to prepare a NEPA
analysis or document before establishing agency procedures that
supplement the CEQ regulations for implementing the NEPA. The
requirements for establishing agency NEPA procedures are set forth at
40 CFR 1505.1 and 1507.3. As explained above, however, this Handbook
does not establish procedures for implementing the NEPA but provides
supplemental information, guidance, and examples for the use of BLM
personnel in the field. Therefore, no NEPA analysis, or preparation of
analytical documents pursuant to the NEPA is required to support its
publication. To the extent any documentation of compliance with the
NEPA or the CEQ regulations may be required; the DOI's Department
Categorical exclusion 1.10 is applicable. See DOI DM 2 (Appendix 1).
Essential Fish Habitat
We have analyzed this document in accordance with section 305(b) of
the Magnuson-Stevens Fishery Conservation and Management Act and
determined that issuance of this document will not affect the essential
fish habitat of federally managed species; and, therefore, an essential
fish habitat consultation on this document is not required.
Consultation and Coordination With Indian Tribal Governments
In accordance with Executive Order 13175 of November 6, 2000, and
512 DM 2, we have assessed this handbook's impact on tribal trust
resources and have determined that it does not directly affect tribal
resources since it supports implementation of the BLM's procedures for
its compliance with the NEPA.
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use
Executive Order 13211 of May 18, 2001, requires a Statement of
Energy Effects for significant energy actions. Significant energy
actions are actions normally published in the Federal Register that
lead to the promulgation of a final rule or regulation and may have
[[Page 22164]]
any adverse effects on energy supply, distribution, or use. We have
explained above that this document is an internal BLM action which only
affects how the BLM conducts its business under the NEPA. This handbook
is not a rulemaking; and therefore, not subject to Executive Order
13211.
Actions To Expedite Energy-Related Projects
Executive Order 13212 of May 18, 2001, requires agencies to
expedite energy-related projects by streamlining internal processes
while maintaining safety, public health, and environmental protections.
Today's publication is in conformance with this requirement as it
promotes existing process streamlining requirements and revises the
text to emphasize this concept.
Government Actions and Interference With Constitutionally Protected
Property Rights
In accordance with Executive Order 12630 (March 15, 1988) and Part
318 of the Departmental Manual, the BLM has reviewed today's notice to
determine whether it would interfere with constitutionally protected
property rights. Again, we believe that as internal instructions to the
BLM on implementation of the NEPA, this publication would not cause
such interference.
James Caswell,
Director, Bureau of Land Management.
[FR Doc. E8-8866 Filed 4-23-08; 8:45 am]
BILLING CODE 4310-84-P