[3411-15-P]
DEPARTMENT OF AGRICULTURE
Forest Service
Adoption of Categorical Exclusions under Section 109 of the National
Environmental Policy Act
AGENCY:

Forest Service, Agriculture (USDA).

ACTION:

Notice of adoption of multiple Categorical Exclusions from the

Department of Commerce, the Department of Energy, the Bureau of Land Management,
the National Telecommunications and Information Administration, and the Bureau of
Indian Affairs.
SUMMARY: The U.S. Department of Agriculture, Forest Service, is adopting multiple
categorical exclusions (CEs) from several agencies as listed: Department of Commerce CEs
A4 and A6; Department of Energy CE B5.23; Bureau of Land Management CE D2;
National Telecommunications and Information Administration CEs C-4 through C-8; and
Bureau of Indian Affairs CE L.1 pursuant to section 109 of the National Environmental
Policy Act for future application to Forest Service decisions concerning land management
activities that are similar in nature.. This notice describes the categories and details the
consultation between the respective agencies.
DATES: The CE adoptions take effect on [INSERT DATE OF PUBLICATION].
FOR FURTHER INFORMATION CONTACT: Andrea Pahlevanpour, Assistant
Director, Forest Service, Ecosystem Management Coordination, by phone at 771-2160229 or via email to andrea.pahlevanpour@usda.gov.
Individuals who use telecommunications devices for the hearing impaired may
call 711 to reach the Telecommunications Relay Service, 24 hours a day, every day of the
year, including holidays.
SUPPLEMENTARY INFORMATION:

I. National Environmental Policy Act and Categorical Exclusions
The National Environmental Policy (NEPA) (42 U.S.C. 4321–4347), as amended,
requires all Federal agencies to consider the environmental impact of their proposed
actions before deciding whether and how to proceed (42 U.S.C. 4321, 4332). The aims of
NEPA are to ensure that agencies consider the potential environmental effects of their
proposed actions in their decision-making processes and inform and involve the public in
that process (42 U.S.C. 4332). NEPA created the Council on Environmental Quality,
which promulgated NEPA implementing regulations, 40 CFR parts 1500 through 1508
(Council on Environmental Quality regulations).
To comply with NEPA, agencies determine the appropriate level of review for a
proposed action. Where required, these levels of review may be documented in an
environmental impact statement (EIS), an environmental assessment (EA), or by reliance
on a CE (40 CFR 1501.3). If a proposed action is likely to have significant environmental
effects, the agency will prepare an EIS and document its decision in a record of decision.
40 CFR 1502, 1505.2. If the proposed action is not likely to have significant
environmental effects or where the level of significance is unknown, the agency will
prepare an EA, which involves a more concise analysis and process than an EIS (40 CFR
1501.5). Following preparation of an EA, the agency may reach a finding of no
significant impact if the analysis shows that the action will have no significant effects (40
CFR 1501.6). If, following preparation of an EA, the agency finds that the proposed
action will have significant effects, it will prepare an EIS before issuing any decision to
authorize the action (40 CFR 1501.6(a)(3)).
Under NEPA and the Council on Environmental Quality’s implementing
regulations, a Federal agency can establish CEs—categories of actions that the agency
has determined normally do not significantly affect the quality of the human
environment—in its agency NEPA procedures 42 U.S.C. 4336(e)(1); 40 CFR 1501.4,

1507.3(e)(2)(ii), 1508.1(d). If an agency determines that a CE covers a proposed action,
the agency then evaluates the proposed action for any extraordinary circumstances in
which a normally excluded action may have a significant effect (40 CFR 1501.4(b)).
Responsible Officials in the Forest Service evaluate proposed actions for extraordinary
circumstances in accordance with the Forest Service’s NEPA implementing regulations at
36 CFR 220.6. If no extraordinary circumstances are found or if further analysis
determines that the extraordinary circumstances do not involve the potential for
significant environmental impacts, the agency may rely on the CE to approve the
proposed action without preparing an EA or an EIS, 42 U.S.C. 4336(a)(2), 40 CFR
1501.4. If extraordinary circumstances exist, the agency may nonetheless categorically
exclude the proposed action if it determines that there are means to avoid the impacts or
otherwise modify the action sufficient to avoid significant effects, 40 CFR 1501.4(b)(1).
Section 109 of NEPA, enacted as part of the Fiscal Responsibility Act of 2023,
allows a Federal agency to “adopt a categorical exclusion listed in another agency’s
NEPA procedures for a category of proposed agency actions for which the categorical
exclusion was established.” 42 U.S.C. 4336c. To adopt another agency's categorical
exclusion under section 109, the adopting agency: (1) identifies the relevant categorical
exclusion listed in another agency's (“establishing agency”) NEPA procedures “that
covers a category of proposed actions or related actions”; (2) consults with the
establishing agency “to ensure that the proposed adoption of the categorical exclusion for
a category of actions is appropriate”; (3) “identifies to the public the categorical
exclusion that the [adopting] agency plans to use for its proposed actions”; and (4)
documents adoption of the categorical exclusion. See 42 U.S.C. 4336c.
This notice documents the Forest Service’s adoption of Department of
Commerce CEs: A-4 (Siting, construction, operation of microwave or radio
communication towers less than 200 feet in height without guy wires on previously

disturbed ground) and A-6 (Fiber optic cable to transmission structures or burying fiber
optic cable in existing transmission line rights-of-way); Bureau of Land Management’s
CE D. Rangeland Management. (2) (Placement and use of temporary (not to exceed one
month) portable corrals and water troughs, providing no new road construction is
needed); Bureau of Indian Affairs CE L Roads and Transportation (1) (Approval of
utility installations along or across a transportation facility located in whole within the
limits of the roadway right-of-way); National Telecommunications and Information
Administration’s CEs C-4 through C-8 (concerning new telecommunication and
broadband installation); and Department of Energy CE B5.23 ( Electronic vehicle
charging stations).
II. Additional Considerations Related to the Forest Service CEs
1. Decision Memo
The Forest Service requires at 36 CFR 220.6(e) that, “A supporting record is
required and the decision to proceed must be documented in a decision memo for the
categories of action in paragraphs (e)(1) through (25) of this section.” For all the CEs
adopted in this notice, the Forest Service will require a decision memo even if the
originating agency’s NEPA Procedures do not require it.
2. Extraordinary Circumstances
Forest Service NEPA regulations state that a CE may only be applied “if there are no
extraordinary circumstances related to the proposed action” and if the proposed action is
within a CE listed within a category as specified in regulations. 36 CFR 220.6(a). Forest
Service NEPA regulations list seven resource conditions that “should be considered in
determining whether extraordinary circumstances related to a proposed action warrant
further analysis and documentation in an EA or an EIS”, 36 CFR 220.6(b).
For the Department of the Interior CEs adopted from the Bureau of Land Management
and the Bureau of Indian Affairs in this notice, the Forest Service will also apply the

Department of the Interior’s extraordinary circumstances criteria set forth in 43 CFR
46.215(a) through (l), which are slightly different from the Forest Service’s resource
conditions that should be considered in evaluating extraordinary circumstances.
III. Consultation with Departments and Agencies on CE Adoption
1. Department of Commerce Consultation
In April 2024, the Forest Service conducted consultation with the Department of
Commerce on adoption of several CE categories. Through those consultation and
coordination efforts, the Department and agency mutually agreed that the Forest
Service’s adoption of CE A-4 (communication towers) and CE A-6 (fiber optic cable) is
appropriate. This notice documents the Forest Service’s adoption of Department of
Commerce CEs for such actions.
2. Department of Energy Consultation
In 2023, the Department of Energy conducted consultation with the Forest Service
for adoption of a CE covering electric vehicle charging stations (B5.23). Through those
consultation and coordination efforts, the Department and agency mutually agreed that
the Forest Service’s adoption of CE B5.23 (vehicle charging stations) is appropriate.
3. Bureau of Land Management Consultation
In June of 2024, the Forest Service completed consultation with the Bureau of
Land Management regarding adoption of CE D. Rangeland Management. (2): “Placement
and use of temporary (not to exceed one month) portable corrals and water troughs,
providing no new road construction is needed.” After several meetings, the agencies
mutually agreed that the Forest Service’s adoption of this CE is appropriate.
4. National Telecommunications and Information Administration Consultation
In May 2024, the Forest Service consulted with the National Telecommunications
and Information Administration regarding adoption of CE’s C-4 through C-8 concerning

new telecommunication and broadband installation CEs. The agencies mutually agreed
that Forest Service adoption of the CEs is appropriate.
5. Bureau of Indian Affairs Consultation
In May 2024, the Forest Service consulted with the Bureau of Indian Affairs to
adopt CE L Roads and Transportation. (1)) covering approval of utility installations along
or across a transportation facility located in whole within the limits of the roadway rightof-way). Through those consultation and coordination efforts, the agencies mutually
agreed that the Forest Service’s adoption of CE L. Roads and Transportation. (1) is
appropriate.
IV. Identification of CEs
1. Department of Commerce CEs
A-4: Siting, construction, operation of microwave or radio communication towers
less than 200 feet in height without guy wires on previously disturbed ground.
A-6: Adding fiber optic cable to transmission structures or burying fiber optic
cable in existing transmission line rights-of-way.
2. Department of Energy CE
B5.23:The installation, modification, operation, and removal of electric vehicle charging
stations, using commercially available technology, within a previously disturbed or
developed area. Covered actions are limited to areas where access and parking are in
accordance with applicable requirements (such as local land use and zoning
requirements) in the proposed project area and would incorporate appropriate control
technologies and best management practices.
“Previously disturbed or developed” refers to land that has been changed such that
“its functioning ecological processes have been and remain altered by human activity.
The phrase encompasses areas that have been transformed from natural cover to nonnative species or a managed state, including, but not limited to, utility and electric power

transmission corridors and rights-of-way, and other areas where active utilities and
currently used roads are readily available.” 10 CFR 1021.410(g)(1).
The Department of Energy CE also includes additional conditions referred to as integral
elements. (10 CFR part 1021 subpt. D, app. B) In order to apply this CE, the proposal
must be one that would not
(1) Threaten a violation of applicable statutory, regulatory, or permit requirements
for environment, safety, and health, or similar requirements of the Department of Energy
or Executive Orders;
(2) Require siting and construction or major expansion of waste storage, disposal,
recovery, or treatment facilities (including incinerators), but the proposal may include
categorically excluded waste storage, disposal, recovery, or treatment actions or facilities;
(3) Disturb hazardous substances, pollutants, contaminants, or Comprehensive
Environmental Response, Compensation and Liability Act-excluded petroleum and
natural gas products that preexist in the environment such that there would be
uncontrolled or unpermitted releases;
(4) Have the potential to cause significant impacts on environmentally sensitive
resources. An environmentally sensitive resource is typically a resource that has been
identified as needing protection through Executive Order, statute, or regulation by
Federal, State, or local government, or a Federally recognized Indian Tribe. An action
may be categorically excluded if, although sensitive resources are present, the action
would not have the potential to cause significant impacts on those resources (such as
construction of a building with its foundation well above a sole-source aquifer or upland
surface soil removal on a site that has wetlands).Environmentally sensitive resources
include, but are not limited to:
(i) Property (such as sites, buildings, structures, and objects) of historic,
archeological, or architectural significance designated by a Federal, State, or local

government, federally recognized Indian Tribe, or Native Hawaiian organization;
or property determined to be eligible for listing on the National Register of
Historic Places;
(ii) Federally listed threatened or endangered species or their habitat (including
critical habitat) or federally proposed or candidate species or their habitat
(Endangered Species Act); state-listed or state-proposed endangered or threatened
species or their habitat; Federally protected marine mammals and Essential Fish
Habitat (Marine Mammal Protection Act; Magnuson-Stevens Fishery
Conservation and Management Act); and otherwise Federally protected species
(such as the Bald and Golden Eagle Protection Act or the Migratory Bird Treaty
Act);
(iii) Floodplains and wetlands (as defined in 10 CFR 1022.4, “Compliance with
Floodplain and Wetland Environmental Review Requirements: Definitions,” or its
successor);
(iv) Areas having a special designation such as Federally and State-designated
wilderness areas, national parks, national monuments, national natural landmarks,
wild and scenic rivers, State and Federal wildlife refuges, scenic areas (such as
National Scenic and Historic Trails or National Scenic Areas), and marine
sanctuaries;
(v) Prime or unique farmland, or other farmland of statewide or local importance,
as defined at 7 CFR 658.2(a), “Farmland Protection Policy Act: Definitions,” or
its successor;
(vi) Special sources of water (such as sole-source aquifers, wellhead protection
areas, and other water sources that are vital in a region); and
(vii) Tundra, coral reefs, or rain forests; or

(5) Involve genetically engineered organisms, synthetic biology, governmentally
designated noxious weeds, or invasive species, unless the proposed activity would be
contained or confined in a manner designed and operated to prevent unauthorized release
into the environment and conducted in accordance with applicable requirements, such as
those of the Department of Agriculture, the Environmental Protection Agency, and the
National Institutes of Health.
3. Bureau of Land Management CE
D. Rangeland Management (2): Placement and use of temporary (not to exceed
one month) portable corrals and water troughs, providing no new road construction is
needed.
4. National Telecommunications and Information Administration CEs
C-4: New construction or improvement of land, operations, or support facilities,
switching stations, maintenance facilities, and other non-tower structures supporting
wired or wireless communications systems in a developed area and/or on previously
disturbed ground with no more than 1 acre (0.4 hectare) of ground disturbance where the
proposed facility use is generally compatible with the surrounding land use and
applicable zoning standards and will not require additional support infrastructure.
C-5: Installing, operating, maintaining, retrofitting, upgrading, repairing,
removing, and/or replacement of existing microwave or radio communication towers,
instruments, structures, or buildings that do not require ground disturbance outside of the
original footprint, including installing or collocating equipment such as antennas,
microwave dishes, or power units. For communications towers at or below 199 feet,
renovations and equipment additions must not cause the total height of the tower to
exceed 199 feet. Existing structures must not be eligible for listing in the National
Register of Historic Places.

C-6: New construction or improvement of temporary buildings or experimental
equipment (e.g.,, trailers, prefabricated buildings, and test slabs) on previously disturbed
ground, with no more than 1 acre (0.4 hectare) of ground disturbance, where the proposed
facility use is generally compatible with the surrounding land use and applicable zoning
standards and will not require additional support infrastructure.
C-7: New construction of self-supporting (for example, monopole or lattice)
wireless communication towers at or below 199 feet with no guy wires that require less
than 1 acre (0.4 hectare) of ground disturbance and where another Federal agency would
not require an EA or EIS for its acquisition, installation, operations, or maintenance.
C-8: Acquisition, installation, reconstruction, repair by replacement, and
operation of aerial or buried utility (for example, water, sewer, electrical),
communication (for example, fiber optic cable, data processing cable and similar
electronic equipment), and security systems that use existing rights-of-way, easements,
grants of license, distribution systems, facilities, or similar arrangements.
5. Bureau of Indian Affairs CE
L. Roads and Transportation (1): Approval of utility installations along or across a
transportation facility located in whole within the limits of the roadway right-of-way.

Dated: June 26, 2024.

Jacqueline Emanuel,
Associate Deputy Chief, National Forest System.
[FR Doc. 2024-14449 Filed: 6/28/2024 8:45 am; Publication Date: 7/1/2024]