Overview
Title
Notice of Adoption of U.S. Department of Agriculture Farm Service Agency Categorical Exclusions Pursuant to Section 109 of the National Environmental Policy Act
Agencies
ELI5 AI
The government is making a plan to borrow some rules from another group to make checking how things like building farm storage or fixing fences might affect nature quicker and easier. They're talking with experts to make sure everything stays safe for the environment.
Summary AI
The Department of Housing and Urban Development (HUD) plans to adopt categorical exclusions (CEs) from the U.S. Department of Agriculture—Farm Service Agency (USDA-FSA) to streamline environmental reviews under the National Environmental Policy Act (NEPA). These adopted CEs cover various agricultural activities, which HUD intends to use for projects like fence repairs or farm storage facility construction. HUD consulted with USDA-FSA to ensure these CEs are appropriate and will not cause significant environmental harm, barring extraordinary circumstances. The adoption will be effective after regulatory amendments or waivers are issued.
Abstract
HUD has identified categorical exclusions (CEs) to the National Environmental Policy Act (NEPA) established by the U.S. Department of Agriculture--Farm Service Agency (USDA-FSA) that cover categories of actions that HUD proposes to adopt. This notice identifies the USDA-FSA CEs and HUD's categories of proposed actions for which it intends to use USDA-FSA's CEs and describes the consultation between the agencies.
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AnalysisAI
The document from the Federal Register outlines the Department of Housing and Urban Development's (HUD) intention to adopt categorical exclusions (CEs) established by the U.S. Department of Agriculture—Farm Service Agency (USDA-FSA) for environmental reviews under the National Environmental Policy Act (NEPA). This strategic move aims to streamline processes for certain agricultural projects funded through HUD, such as fence repairs or the construction of storage facilities. The legal backdrop involves consultation between HUD and USDA-FSA to ensure these actions won't significantly harm the environment.
General Summary
This notice serves to inform that HUD will leverage specific CEs from USDA-FSA, thereby simplifying the environmental review process. The adoption primarily covers small-scale agricultural actions like minor construction or repairs that generally pose little to no risk of adverse environmental effects. These CEs help federal agencies bypass more thorough investigations into environmental impacts for routine or predictable activities.
Significant Issues or Concerns
Several issues arise from the document:
Regulatory Amendments and Waivers: HUD needs to amend existing regulations or issue waivers to fully employ these adopted CEs. Although this development is necessary, the timeline or specific process for these amendments or waivers remains undisclosed, causing uncertainty about the actual implementation.
Consultation Details: The document mentions that consultations started in December 2023, but lacks detail on the duration or findings from these discussions. Greater specificity on how these consultations shaped the decision would enhance transparency.
Criteria for 'Extraordinary Circumstances': The document outlines that extraordinary circumstances might necessitate rejecting a CE. However, the criteria lack depth in explaining when these conditions might apply, potentially leading to varied interpretations.
Vague Expansion Plans: There's mention of possibly extending these CEs to "substantially similar agricultural activities." Without explicit guidance, this could lead to confusion or misuse.
Impact on the Public
Broadly speaking, the adoption of CEs aims to make federal processes more efficient, which could expedite the deployment of HUD-funded projects, particularly those related to disaster recovery. A quicker review process may mean that communities experience faster rebuilding and support initiatives, benefiting local environments and economies.
Impact on Stakeholders
Local Governments and Tribes: These entities, which often perform NEPA reviews on HUD's behalf, could see procedural simplification, allowing them to redirect effort and resources towards other community needs.
Environmental Advocacy Groups: While the exclusions could raise concerns about reduced scrutiny on environmental impacts, the assurance of ongoing evaluation for extraordinary circumstances might offer reassurance that significant issues will still be caught and addressed.
Agricultural Project Stakeholders: By facilitating quicker approvals, farmers and agricultural businesses could gain earlier access to facilities and improvements, potentially boosting productivity and sustainability in their operations.
Overall, while the adoption of these categorical exclusions is positioned as a measure to streamline procedures, the document highlights areas where clarity and detail are currently lacking. There is a balance to strike between operational efficiency and maintaining rigorous environmental standards. With adjustments and further elaboration, the initiative might achieve its intended benefits while aligning with stakeholder concerns for transparency and ecological integrity.
Issues
• The document refers to a waiver requirement or regulatory amendments for 24 CFR 58.36 and 50.17, which might cause a delay in the effective implementation of the adopted CEs. Clarification on the timeline or process for this is not provided.
• There is potential ambiguity regarding the consultation process between HUD and USDA-FSA. The notice states consultations began in December 2023 but does not specify how long the consultations took or give detailed outcomes of those consultations.
• The criteria for considering 'extraordinary circumstances' that would preclude the use of categorical exclusions could be more detailed and clearer for better understanding and transparency.
• The potential expansion of CEs to other 'substantially similar agricultural activities' is vague and could lead to misinterpretation or misuse without further guidance.
• There is no detailed financial impact assessment or estimate of savings expected from adopting these CEs, which could be useful to understand the fiscal implications of this adoption.
• The notice does not provide explicit examples of the types of actions previously reviewed under the USDA-FSA CEs, which might aid in understanding what HUD actions could be covered.
• The document includes several references to complex regulatory codes and sections which might not be easily understandable without legal or expert background, limiting accessibility to a broader audience.