Dear Sir or Madam:
The Bureau of Reclamation (BOR) issued a Notice of Proposed Rulemaking on June 7,2024, to revise its procedures for using Categorical Exclusions (CE) under the National Environmental Policy Act (NEPA) for certain agency activities. The undersigned
members of the Western Agriculture and Conservation Coalition (WACC) have a vital interest in ensuring that water conserving practices of the BOR are implemented as expeditiously and effectively as possible while also meeting the requirements of NEPA.
Our comments on the proposal are set forth below.
Stream Restoration
We urge the BOR to adopt the U.S. Fish and Wildlife Service’s CE 8.5B(3) for small stream restoration work for the construction of “new, or the addition of, small structures or improvements, including structures and improvements for the restoration of wetland,
riparian, instream, or native habitats, which result in no or only minor changes in the use of the affected local area.” We have urged the BOR to make this adoption for many years, including in a letter dated April 2022 in response to the enactment of the
Bipartisan Infrastructure Law. The following are examples that may be included under the CE:
(a) Installation of fences
(b) Construction of small water structures
(c) Planting of seeds or seedlings and other minor revegetation actions
(d) Construction of small berms or dikes
(e) Development of limited access for routine maintenance and management
purposes
The BOR is authorized to make the adoption under the recently finalized CEQ rules, section 1501.4(e), which sets out the procedure for adoption of another agency’s CE without having to go through formal rule-making. Expediting the approval of these projects is critical for many of our members who implement the work for the benefit of agriculture and natural resources. The adoption can be made as part of a current agency package of actions to strengthen its use of CEs.
Clarify Definition of “Minor”
We also understand there is an existing CE for O&M for “Maintenance, rehabilitation, and replacement of existing facilities which may involve a minor change in size, location, and/or operation.” BOR could be employing this CE for many projects, but to our knowledge it is not. By not employing CEs for this purpose, BOR is foregoing the opportunity to implement many more water-conserving practices.
More generally, many of the proposed CE revisions include the term “minor,” whether to describe the amounts of water (D4) or type of work to be done (D8). We strongly urge the BOR to provide additional guidance on the scope of “minor that allows for expansive application of the CEs where there is minimal or no environmental harm anticipated. Additional guidance will relieve agency uncertainty in implementing the authority, thereby both saving agency resources and strengthening consistent application of the CE for the public.
Thank you for your attention to our concerns.
Signed,
Members of WACC
California Farm Bureau Federation, Environmental Defense Fund, Family Farm Alliance, Farmers Conservation Alliance, Irrigation Association, Oregon Water Resources Congress, The Freshwater Trust, The Nature Conservancy, Trout Unlimited, Western Growers Association