Categorical Exclusions Available for Timber Salvage and Thinning Projects

The Bureau of Land Management (BLM) has approved two new categorical exclusions (CEs) for use to support National Environmental Policy Act (NEPA) compliance for timber salvage and forestry thinning projects. Categorical exclusions are categories of actions that have been determined to not typically have significant environmental impacts, eliminating the need to conduct a full environmental assessment or environmental impact statement. In addition to existing CEs supporting forestry work, these two new CEs substantiated by the BLM will assist in expediting actions that reduce hazardous fuels and restore forest resilience. 

The Forest and Woodland Density CE allows for modification of tree density on up to 5,000 acres of treatment area (refer to Attachment 1 for full language). The CE includes a list of covered actions and limitations for use. When using this CE, managers can choose one or several of the actions listed if the total treatment area is less than 5,000 acres, fits within the limitations described for road development/maintenance, and discloses the specific design features listed in the CE.

The Salvage CE (refer to Attachment 1 for full language) allows for harvesting of up to 1,000 acres of dead and dying trees where the total disturbance area is under 3,000 acres of bureau-managed lands or where the disturbance area is over 3,000 acres harvesting up to 1/3^rd of the area or 5,000 acres of dead and dying trees (whichever is less). This CE also includes a list of actions that are covered to effectively harvest dead or dying trees with a list of limitations regarding road development and specific design features to consider. 

Due to the requirements outlined in the CE text, documentation of the applicability of the CE to the proposed project and the relationship to the relevant land use plan is required. For internal BLM employees, templates for CE documentation are available on the Headquarters Division of Decision Support, Planning, and NEPA SharePoint page. 

In addition to the limitations and design features associated with each CE, the Department of the Interior (DOI) NEPA regulations also require that a bureau intending to rely on a CE to support approval of a proposed action must review the proposed action for the presence of DOI’s extraordinary circumstances (43 CFR 46.205; 43 CFR 46.215) that would, if present, preclude reliance on the CE. If the bureau finds that the proposed action, along with any connected actions, would result in the presence of extraordinary circumstances and cannot eliminate those issues by changing the action, then the bureau must prepare an EA or an EIS (DOI NEPA Handbook, Section 1.2). If the proposed action easily fits within one or more available CEs and no extraordinary circumstances apply, the Responsible Official can approve the proposed action in reliance on the applicable CE.   

In addition to these new administratively established CEs, the following list of CEs from Appendix 2 of the U.S. DOI Handbook of NEPA Implementing Procedures (DOI NEPA Handbook) may also be beneficial in expediting projects aimed at reducing hazardous fuels and restoring forest resilience. This list is not all inclusive, and BLM offices are encouraged to explore the DOI NEPA Handbook, Appendix 2 and the BLM Division of Decision Support, Planning, and NEPA searchable spreadsheet to identify CEs that may cover their project. As a reminder, multiple CEs may be used in combination for an individual project.

• BLM
  • 11.9 (C)(1)-Forestry- Land Cultivation and silvicultural activities in nurseries, seed orchards and test sites
  • 11.9 (C)(2)-Forestry-Removal of Hazardous Trees
  • 11.9 (C)(3)-Forestry-Seeding or reforestation of timber sales
  • 11.9 (C)(4)-Forestry- Pre-commercial thinning and brush control
  • 11.9 (C)(5)-Forestry- Disposal or small amounts of misc. vegetations
  • 11.9 (C)(6)-Forestry- Felling, bucking, and scaling sample trees
  • 11.9 (C)(7)-Forestry- Small Acre Harvesting
  • 11.9 (C)(8)-Forestry- Limited Tree Salvage
  • 11.9 (C)(9)- Forestry- Limited Sanitation Harvest
  • 11.10(C)-Agriculture Improvement Act of 2018 (Sage-grouse/Mule Deer CE)
• BIA
  • 10.5 (H)(7) Approval of forest stand improvement projects less than 2000 acres
  • 10.5 (H)(8) Approval of timber management access skid trail and logging road construction
  • 10.5 (H)(9) Approval of prescribed burning plans of less than 2000 acres
  • 10.5 (H)(10) Approval of forestation projects with native species and associated protection and site preparation activities on less than 2000 acres
• FWS
  • 8.5(B)(4) Prescribed fire for habitat improvement 
  • 8.5(B)(5) Fire management activities including restoration measures.
• NPS
  • 12.5(A)(1) Changes to approved actions
  • 12.5(E)(6) Restoration of native species and elimination of invasive species
• Sec 109 Adopted CEs
  • 16.1(C)(1) USFS: Regeneration to Native Trees
  • 16.1(C)(3) TVA: Forest Management Activities (250 acres, 1 mile road construction)
  • 16.1(G)(2) USFS: Road Management Activities (on up to 8 miles)
  • 16.1(G)(8) USFS: Repair and Maintenance of Roads, Trails, and Landline Boundaries
  • 16.1(H)(7) USFS Approval/modification or continuation of minor 1 year or less special uses... including gathering of forest products for personal use. 
  • 16.1(J)(3) USFS: Forest and Grassland Management Activities. Activities to improve ecosystem health, resilience, and other watershed and habitat conditions may not exceed 2,800 acres
  • 16.1(J)(5) TVA Enhancement of terrestrial ecosystems with disturbance of no more than 125 acres

Be mindful of the documentation requirements for each of these CEs identified in the DOI NEPA Handbook, Appendix 2. CEs established by statute, adopted under Section 109 or marked by an asterisk require documentation. For BLM administrative CEs (Section 11.9) not marked by an asterisk, BLM recommends that the Responsible Official document which CE applies.