Update to the Bureau of Land Management (BLM) National Environmental Policy Act (NEPA) Handbook documenting the Mule Deer and Sage Grouse Categorical Exclusion (CX) Directed by the Agriculture Improvement Act of 2018 (Interim Guidance)
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
http://www.blm.gov
June 4, 2020
In Reply Refer To:
1790 (210) P
EMS TRANSMISSION 06/05/2020
Instruction Memorandum No. 2020-027
Expires: 09/30/2020
To: All Assistant Directors, State Directors, and Center Directors
From: Assistant Director, Resources and Planning
Subject: Update to the Bureau of Land Management (BLM) National Environmental Policy Act (NEPA) Handbook documenting the Mule Deer and Sage Grouse Categorical Exclusion (CX) Directed by the Agriculture Improvement Act of 2018 (Interim Guidance)
Program Area: NEPA compliance.
Purpose: This instruction memorandum (IM) updates the BLM NEPA Handbook (H-1790-1) with the new CX category established in the update to the Department of the Interior (DOI) manual Managing the NEPA Process – Bureau of Land Management (516 DM 11) on June 1, 2020 (85 FR 25472). That update established a new CX category for use by the BLM as directed in the Agriculture Improvement Act of 2018 (2018 Farm Bill; P.L. 115-334) for covered vegetation management activities carried out to protect, restore, or improve habitat for greater sage-grouse or mule deer.
Administrative or Mission Related: This IM is mission-related.
Policy/Action: The 2018 Farm Bill amended Title VI of the Healthy Forests Restoration Act of 2003 (HFRA) (16 U.S.C. 6591 et seq.) to add Section 606. Section 606 directed development of a CX for specified covered vegetation management activities carried out to protect, restore, or improve habitat for greater sage-grouse or mule deer (HFRA, Section 606(b)(1)). Section 606 further provided the specific terms, actions, limitations, exclusions, and definitions of activities to be included in the CX established. As directed by this section, the BLM was to establish the CX that meets these same specific terms, actions, limitations, exclusions, and definitions; and to establish the CX within one year of the enactment of the legislation (by December 20, 2019). The BLM established the CX through the update to the DOI manual Managing the NEPA Process – Bureau of Land Management (516 DM 11) on June 1, 2020 (85 FR 25472).
This IM updates the BLM’s NEPA Handbook with the new CX as specifically defined in Section 606 of HFRA through the addition of an appendix (Appendix 12) that includes the specific text of the specific terms, actions, limitations, exclusions, and definitions of activities of this established CX.
The BLM NEPA Handbook is under revision to provide direction to help BLM staff streamline the NEPA process. More broadly, the revisions will clarify the BLM’s policies and procedures relating to its compliance with these regulations, and will update guidance responsive to changed policies since it was last published. The attached text shall provide the text for BLM use of this new CX until the revised handbook is published.
Timeframe: This policy is effective immediately.
Budget Impact: None.
Background: The BLM provides documentation to assist with the use of established CXs in the BLM NEPA Handbook, which provides the guidance for agency compliance with the NEPA (P.L. 91-190), Council on Environmental Quality’s NEPA regulations (40 CFR Parts 1500-1508), and DOI NEPA regulations (43 CFR Part 46) and manual (516 DM 11). Updating the NEPA Handbook to include this CX will assist with its use and meet the direction for management of mule deer and sage-grouse habitat.
In addition to meeting the direction of the 2018 Farm Bill, the establishment of this CX also meets direction from the DOI in Secretarial Order 3356 (section 4(d)(5)) which instructed bureaus to establish CXs for the benefit of sage grouse and/or mule deer.
Pages of Manual/ Handbook Sections Affected: The BLM NEPA Handbook H-1790-1 (Rel. 1-1710) of 2008 is under revision. This IM adds Appendix 12, pending publication of the full revision.
Instruction Memorandums Affected: None.
Coordination: This IM was coordinated with appropriate Washington Office Directorates and with the Office of the Solicitor.
Contact: For further information, please contact Heather Bernier, Chief, Division of Decision Support, Planning, and NEPA, (202) 912-7282.
Signed by: Authenticated by:
Brian St. George Robert M. Williams
Acting, Assistant Director Division of Regulatory Affairs,WO-630
Resources and Planning
1 Attachments
1 - BLM NEPA Handbook (H-1790-1), Appendix 12 – Using the CX Directed by the Agricultural Improvement Act of 2018 (6 pp)