TE 10.2 Natural Resource and NEPA Checklist Considerations.pdf

Activity Date Preparer Name

Yes No Unknown Does the activity adversely impact or have the potential to adversely impact the Short-tail Albatross?

Does the activity impact or have the potential to adversely impact the Steller"s Eider?

Does the activity impact or have the potential to adversely impact the Northern Sea Otter?

Does the activity adversely impact or have the potential to adversely impact the Northern Sea Otter's Habitat?

Does the activity adversely impact or have the potential to adversely impact Migratory Birds?

Does the activity adversely impact or have the potential to adversely impact Eagles?

Does the activity have the potential to adversely impact any Nesting birds?

Does the activity impact or have the potential to adversely impact any Mating or Brooding birds?

Does the activity adversely impact or have the potential to adversely impact Kodiak Brown Bears?

Does the activity adversely impact or have the potential to adversely impact any Marine Mammals?

Does the activity adversely impact or have the potential to adversely impact a Water Body?

Does the activity adversely impact or have the potential to adversely impact the Wildlife Refuge(Womans Bay)?

Does the activity adversely impact or have the potential to adversely impact Water quality?

Does the activity impact or have the potential to adversely impact Subsistence Fishing?

Does the activity have the potential to adversely impact or increase migration of invasive species such as Orange Hawkweed or Canary Grass?

Does the activity impact or have the potential to impact Native Vegetation?

Does the activity adversely impact or have the potential to adversely impact a structure over 50 years?

Does the activity adversely impact or have the potential to adversely impact a Historic Structure?

Does the activity adversely impact or have the potential to adversely impact the Base Kodiak's Historic District?

If the answered YES to any of the above, is there a mitigation plan?

Mitigation Plan:

Recommended CATEX:

Other Concerns/Comments:

Submit to the Government(Date):

Government Signature______________________________

ENVIRONMENTAL PLANNING IMPLEMENTING PROCEDURES

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Table 3-1 Categorical Exclusions Allowed for Use by the Coast Guard

*An asterisk next to a CATEX in this table denotes classes of actions that have a higher possibility of involving extraordinary circumstances. When Proponents use a CATEX identified by an asterisk, they must prepare a REC to document the consideration of extraordinary circumstances.

ADMINISTRATIVE AND REGULATORY ACTIVITIES

A1 Personnel fiscal, management, and administrative activities, such as recruiting, processing, paying, recordkeeping, resource management, budgeting, personnel actions, and travel.

A2 Reductions, realignments, or relocation of personnel that do not result in exceeding the infrastructure capacity or changing the use of space. An example of a substantial change in use of the supporting infrastructure would be an increase in vehicular traffic beyond the capacity of the supporting road network to accommodate such an increase.

A3 Promulgation of rules, issuance of rulings or interpretations, and the development and publication of policies, orders, directives, notices, procedures, manuals, advisory circulars, and other guidance documents of the following nature:

(a) Those of a strictly administrative or procedural nature;

(b) Those that implement, without substantive change, statutory or regulatory requirements;

(c) Those that implement, without substantive change, procedures, manuals, and other guidance documents;

(d) Those that interpret or amend an existing regulation without changing its environmental effect;

(e) Technical guidance on safety and security matters; or

(f) Guidance for the preparation of security plans.

A4 Information gathering, data analysis and processing, information dissemination, review, interpretation, and development of documents. If any of these activities result in proposals for further action, those proposals must be covered by an appropriate CATEX. Examples include but are not limited to:

(a) Document mailings, publication and distribution, training and information programs, historical and cultural demonstrations, and public affairs actions. Studies, reports, proposals, analyses, literature reviews; computer modeling; and non-intrusive intelligence gathering activities.

(b) Studies, reports, proposals, analyses, literature reviews; computer modeling; and non-intrusive intelligence gathering activities.

A5 Awarding of contracts for technical support services, ongoing management and operation of government facilities and professional services that do not involve unresolved conflicts concerning alternative uses of available resources.

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A6 Procurement of non-hazardous goods and services, and storage, recycling, and disposal of non-hazardous materials and wastes, that complies with applicable requirements and is in support of routine administrative, operational, or maintenance activities. Storage activities must occur on previously disturbed land/or in existing facilities. Examples include but are not limited to:

(a) Office supplies,

(b) Equipment,

(c) Mobile assets,

(d) Utility services,

(e) Chemicals and low level radio nuclides for laboratory use,

(f) Deployable emergency response supplies and equipment, and

(g) Waste disposal and contracts for waste disposal in established permitted landfills and facilities.

A7 The commitment of resources, personnel, and funding to conduct audits, surveys, and data collection of a minimally intrusive nature. If any of these commitments result in proposals for further action, those proposals must be covered by an appropriate CATEX. Examples include, but are not limited to:

(a) Activities designed to support the improvement or upgrade management of natural resources, such as surveys for threatened and endangered species, wildlife and wildlife habitat, historic properties, and archeological sites; wetland delineations; timber stand examination; minimal water, air, waste, material and soil sampling; audits, photography, and interpretation.

(b) Minimally-intrusive geological, geophysical, and geo-technical activities, including mapping and engineering surveys.

(c) Conducting Facility Audits, Environmental Site Assessments and Environmental Baseline

Surveys, and

(d) Vulnerability, risk, and structural integrity assessments of infrastructure.

A8 Review of and comment on documents that did not originate in DHS.

OPERATIONAL ACTIVITIES

B1 Research, development, testing, and evaluation activities, or laboratory operations conducted within existing enclosed facilities consistent with previously established safety levels and in compliance with applicable federal, tribal, state, and local requirements to protect the environment when it will result in no, or de minimus change in the use of the facility. If the operation will substantially increase the extent of potential environmental impacts or is controversial, an EA

(and possibly an EIS) is required.

B2 Transportation of personnel, detainees, equipment, and evidentiary materials in wheeled vehicles over existing roads or jeep trails established by Federal, Tribal, State, or Local

Governments, including access to permanent and temporary observation posts.

B3 Proposed activities and operations to be conducted in an existing structure that would be compatible with and similar in scope to its ongoing functional uses and would be consistent with previously established safety levels and in compliance with applicable federal, tribal, state, or local requirements to protect the environment.

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B4 Provision of on-site technical assistance to non-DHS organizations to prepare plans, studies, or evaluations. Examples include, but are not limited to:

(a) General technical assistance to assist with development and enhancement of Weapons of

Mass Destruction (WMD) response plans, exercise scenario development and evaluation, facilitation of working groups, etc.

(b) State strategy technical assistance to assist States in completing needs and threat assessments and in developing their domestic preparedness strategy.

B5 Support for or participation in community projects that do not involve significant physical alteration of the environment. Examples include, but are not limited to:

(a) Earth Day activities,

(b) Adopting schools,

(c) Cleanup of rivers and parkways, and

(d) Repair and alteration of housing.

B6 Approval of recreational or public activities or events at a location typically used for that type and scope (size and intensity) of activity that would not involve significant physical alteration of the environment. Examples include, but are not limited to:

(a) Picnics,

(b) Encampments, and

(c) Interpretive programs for historic and cultural resources, such as programs in conjunction with State and Tribal Historic Preservation Officers, or with local historic preservation or re-enactment groups.

B7 Initial assignment or realignment of mobile assets, including vehicles, vessels and aircraft, to existing operational facilities that have the capacity to accommodate such assets or where supporting infrastructure changes will be minor in nature to perform as new homeports or for repair and overhaul.

*B8 Acquisition, installation, maintenance, operation, or evaluation of security equipment to screen for or detect dangerous or illegal individuals or materials at existing facilities and the eventual removal and disposal of that equipment in compliance with applicable requirements to protect the environment. Examples of the equipment include, but are not limited to:

(a) Low-level x-ray devices,

(b) Cameras and biometric devices,

(c) Passive inspection devices,

(d) Detection or security systems for explosive, biological, or chemical substances, and

(e) Access controls, screening devices, and traffic management systems.

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*B9 Acquisition, installation, operation, or evaluation of physical security devices, or controls to enhance the physical security of existing critical assets and the eventual removal and disposal of that equipment in compliance with applicable requirements to protect the environment. Examples include, but are not limited to:

(a) Motion detection systems,

(b) Use of temporary barriers, fences, and jersey walls on or adjacent to existing facilities or on land that has already been disturbed or built upon,

(c) Impact resistant doors and gates,

(d) X-ray units,

(e) Remote video surveillance systems,

(f) Diver/swimmer detection systems, except sonar,

(g) Blast/shock impact-resistant systems for land based and waterfront facilities,

(h) Column and surface wraps, and

(i) Breakage/shatter-resistant glass.

B10 Identifications, inspections, surveys, or sampling, testing, seizures, quarantines, removals, sanitization, and monitoring of imported products that cause little or no physical alteration of the environment. This CATEX would primarily encompass a variety of daily activities performed at the borders and ports of entry by various elements of the Customs and Border Protection and

Transportation Security Administration.

B11 Routine monitoring and surveillance activities that support law enforcement or homeland security and defense operations, such as patrols, investigations, and intelligence gathering, but not including any construction activities (construction activities are addressed in Subsection E of these CATEX). This CATEX would primarily encompass a variety of daily activities performed by the components of U.S. Coast Guard, Immigration and Customs Enforcement, Customs and

Border Protection, Transportation Security Administration, and the U.S. Secret Service.

REAL ESTATE ACTIVITIES

C1 Acquisition of an interest in real property that is not within or adjacent to environmentally sensitive areas, including interests less than a fee simple, by purchase, lease, assignment, easement, condemnation, or donation, which does not result in a change in the functional use of the property.

C2 Lease extensions, renewals, or succeeding leases where there is no change in the facility's use and all environmental operating permits have been acquired and are current.

C3 Reassignment of real property, including related personal property within the Department

(e.g., from one Departmental element to another) that does not result in a change in the functional use of the property.

C4 Transfer of administrative control over real property, including related personal property, between another federal agency and the Department that does not result in a change in the functional use of the property.

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*B9 Acquisition, installation, operation, or evaluation of physical security devices, or controls to enhance the physical security of existing critical assets and the eventual removal and disposal of that equipment in compliance with applicable requirements to protect the environment. Examples include, but are not limited to:

(a) Motion detection systems,

(b) Use of temporary barriers, fences, and jersey walls on or adjacent to existing facilities or on land that has already been disturbed or built upon,

(c) Impact resistant doors and gates,

(d) X-ray units,

(e) Remote video surveillance systems,

(f) Diver/swimmer detection systems, except sonar,

(g) Blast/shock impact-resistant systems for land based and waterfront facilities,

(h) Column and surface wraps, and

(i) Breakage/shatter-resistant glass.

B10 Identifications, inspections, surveys, or sampling, testing, seizures, quarantines, removals, sanitization, and monitoring of imported products that cause little or no physical alteration of the environment. This CATEX would primarily encompass a variety of daily activities performed at the borders and ports of entry by various elements of the Customs and Border Protection and

Transportation Security Administration.

B11 Routine monitoring and surveillance activities that support law enforcement or homeland security and defense operations, such as patrols, investigations, and intelligence gathering, but not including any construction activities (construction activities are addressed in Subsection E of these CATEX). This CATEX would primarily encompass a variety of daily activities performed by the components of U.S. Coast Guard, Immigration and Customs Enforcement, Customs and

Border Protection, Transportation Security Administration, and the U.S. Secret Service.

REAL ESTATE ACTIVITIES

C1 Acquisition of an interest in real property that is not within or adjacent to environmentally sensitive areas, including interests less than a fee simple, by purchase, lease, assignment, easement, condemnation, or donation, which does not result in a change in the functional use of the property.

C2 Lease extensions, renewals, or succeeding leases where there is no change in the facility's use and all environmental operating permits have been acquired and are current.

C3 Reassignment of real property, including related personal property within the Department

(e.g., from one Departmental element to another) that does not result in a change in the functional use of the property.

C4 Transfer of administrative control over real property, including related personal property, between another federal agency and the Department that does not result in a change in the functional use of the property.

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C5 Determination that real property is excess to the needs of the Department and, in the case of acquired real property, the subsequent reporting of such determination to the General Services

Administration or, in the case of lands withdrawn or otherwise reserved from the public domain, the subsequent filing of a notice of intent to relinquish with the Bureau of Land Management, Department of Interior.

*C6 Congressionally-mandated conveyance of DHS controlled real property to a non-federal entity.

*C7 The initial lease of, or grant of an easement interest in, DHS-controlled real property to a non-federal entity or the amendment, renewal, or termination of such lease or easement interest where the proposed type and intensity of real property use is similar to existing uses.

*C8 The grant of a license to a non-federal entity to perform specified acts upon DHS-controlled real property or the amendment, renewal, or termination of such license where the proposed type and intensity of real property use is similar to existing uses.

C9 Allowing another federal agency to use DHS-controlled real property under a permit, use agreement, or similar arrangement or the amendment, renewal, or termination of such permit or agreement where the proposed type and intensity of real property use is similar to existing uses.

C10 Real property inspections to ensure compliance with deed or easement restrictions.

REPAIR AND MAINTENANCE ACTIVITIES

D1 Minor renovations and additions to buildings, roads, airfields, grounds, equipment, and other facilities that do not result in a change in the functional use of the real property (e.g., realigning interior spaces of an existing building, adding a small storage shed to an existing building, retrofitting for energy conservation, or installing a small antenna on an already existing antenna tower that does not cause the total height to exceed 200 feet and where the FCC would not require an EA or EIS for the installation).

D2 Routine upgrade, repair, maintenance, or replacement of equipment and vehicles, such as aircraft, vessels, or airfield equipment that does not result in a change in the functional use of the property.

D3 Repair and maintenance of Department-managed buildings, roads, airfields, grounds, equipment, and other facilities which do not result in a change in functional use or an impact on a historically significant element or setting (e.g., replacing a roof, painting a building, resurfacing a road or runway, pest control activities, restoration of trails and firebreaks, culvert maintenance, grounds maintenance, existing security systems, and maintenance of waterfront facilities that does not require individual regulatory permits)

*D4 Reconstruction and/or repair by replacement of existing utilities or surveillance systems in an existing right-of-way or easement, upon agreement with the owner of the relevant property interest.

*D5 Maintenance dredging activities within waterways, floodplains, and wetlands where no new depths are required, applicable permits are secured, and associated debris disposal is done at an approved disposal site. This CATEX encompasses activities required for the maintenance of waterfront facilities managed primarily within the U.S. Coast Guard and Customs and Border

Protection.

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D6 Maintenance of aquatic and riparian habitat in streams and ponds, using native materials or best natural resource management practices. Examples include, but are not limited to:

(a) Installing or repairing gabions with stone from a nearby source,

(b) Adding brush for fish habitat,

(c) Stabilizing stream banks through bioengineering techniques, and

(d) Removing and controlling exotic vegetation, not including the use of herbicides or non-native biological controls.

This CATEX would primarily involve property management activities at larger properties within the U.S. Coast Guard, Science and Technology Directorate, and the Federal Law Enforcement

Training Center.

CONSTRUCTION, INSTALLATION, AND DEMOLITION ACTIVITIES

E1 Construction, installation, operation, maintenance, and removal of utility and communication systems (such as mobile antennas, data processing cable, and similar electronic equipment) that use existing rights-of-way, easements, utility distribution systems, and/or facilities. This is limited to activities with towers where the resulting total height does not exceed 200 feet and where the

FCC would not require an EA or EIS for the acquisition, installation, operation or maintenance.

*E2 New construction upon or improvement of land where all of the following conditions are met:

(a) The structure and proposed use are compatible with applicable federal, tribal, state, and local planning and zoning standards and consistent with federally-approved state coastal management programs,

(b) The site is in a developed area and/or a previously-disturbed site,

(c) The proposed use will not substantially increase the number of motor vehicles at the facility or in the area,

(d) The site and scale of construction or improvement are consistent with those of existing, adjacent, or nearby buildings, and,

(e) The construction or improvement will not result in uses that exceed existing support infrastructure capacities (roads, sewer, water, parking, etc.).

*E3 Acquisition, installation, operation, and maintenance of equipment, devices, and/or controls necessary to mitigate effects of the Department’s missions on health and the environment, including the execution of appropriate real estate agreements. Examples include but are not limited to:

(a) Pollution prevention and pollution control equipment required to meet applicable federal, tribal, state, or local requirements,

(b) Noise abatement measures, including construction of noise barriers, installation of noise control materials, or planting native trees and/or native vegetation for use as a noise abatement measure, and,

(c) Devices to protect human or animal life, such as raptor electrocution prevention devices, fencing to restrict wildlife movement on to airfields, fencing and grating to prevent accidental entry to hazardous or restricted areas, and rescue beacons to protect human life.

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*E4 Removal or demolition, along with subsequent disposal of debris to permitted or authorized off-site locations, of non-historic buildings, structures, other improvements, and/or equipment in compliance with applicable environmental and safety requirements.

E5 Natural resource management activities on Department-managed property to aid in the maintenance or restoration of native flora and fauna, including site preparation, landscaping, and control of non-indigenous species. This CATEX would encompass property management activities primarily at properties within the U.S. Coast Guard, Science and Technology

Directorate, and the Federal Law Enforcement Training Center.

E6 Reconstruction of roads on Departmental facilities, where runoff, erosion, and sedimentation issues are mitigated through implementation of best management practices. This CATEX would encompass property management activities primarily at properties within the U.S. Coast Guard, Science and Technology Directorate, and the Federal Law Enforcement Training Center.

E7 Construction of physical fitness and training trails for non-motorized use on Department facilities in areas that are not environmentally sensitive, where run-off, erosion, and sedimentation are mitigated through implementation of best management practices. This CATEX would encompass property management activities primarily at properties within the U.S. Coast Guard, Science and Technology Directorate, and the Federal Law Enforcement Training Center.

*E8 Construction of aquatic and riparian habitat in streams and ponds on Department-managed land, using native materials or best natural resource management practices. Examples include, but are not limited to:

(a) Installing or repairing gabions with stone from a nearby source,

(b) Adding brush for fish habitat,

(c) Stabilizing stream banks through bioengineering techniques, and,

(d) Removing and controlling exotic vegetation, not including the use of herbicides or non-native biological controls.

This CATEX would encompass property management activities primarily at properties within the

U.S. Coast Guard, Science and Technology Directorate, and the Federal Law Enforcement

Training Center.

HAZARDOUS/RADIOACTIVE MATERIALS MANAGEMENT AND OPERATIONS

F1 Routine procurement, transportation, distribution, use, and storage of hazardous materials that comply with all applicable requirements, such as Occupational Safety and Health Act (OSHA) and National Fire Protection Association (NFPA).

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F2 Reuse, recycling, and disposal of solid, medical, radiological, and hazardous waste generated incidental to Department activities that comply with applicable requirements such as Resource

Conservation and Recovery Act (RCRA), Occupational Safety and Health Act (OSHA), and State hazardous waste management practices. Examples include but are not limited to:

(a) Appropriate treatment and disposal of medical waste conducted in accordance with all federal, tribal, state, and local laws and regulations,

(b) Temporary storage and disposal of solid waste, conducted in accordance with all federal, tribal, state, and local laws and regulations,

(c) Disposal of radiological waste through manufacturer return and recycling programs, and

(d) Hazardous waste minimization activities.

F3 Use (that may include the processes of installation, maintenance, non- destructive testing, and calibration), transport, and storage of hand-held, mobile or stationary instruments, containing sealed radiological and radioactive materials, to screen for or detect dangerous or illegal individuals or materials in compliance with commercial manufacturers’ specifications, as well as applicable federal requirements to protect the human environment. Examples of such instruments include but are not limited to:

(a) Gauging devices, tracers, and other analytical instruments,

(b) Instruments used in industrial radiography,

(c) Systems used in medical and veterinary practices; and

(d) Nuclear Regulatory Commission (NRC) approved, sealed, small source radiation devices for scanning vehicles and packages where radiation exposure to employees or the public does not exceed 0.1 rem per year and where systems are maintained within the NRC license parameters at existing facilities.

TRAINING AND EXERCISES

G1 Training of homeland security personnel, including international, Tribal, State, and local agency representatives using existing facilities where the training occurs in accordance with applicable permits and other requirements for the protection of the environment. This exclusion does not apply to training that involves the use of live chemical, biological, or radiological agents except when conducted at a location designed and constructed to contain the materials used for that training. Examples include but are not limited to:

(a) Administrative or classroom training,

(b) Tactical training, including but not limited to training in explosives and incendiary devices, arson investigation and firefighting, and emergency preparedness and response,

(c) Vehicle and small boat operation training,

(d) Small arms and less-than-lethal weapons training,

(e) Security specialties and terrorist response training,

(f) Crowd control training, including gas range training,

(g) Enforcement response, self-defense, and interdiction techniques training, and

(h) Techniques for use in fingerprinting and drug analysis.

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G2 Projects, grants, cooperative agreements, contracts, or activities to design, develop, and conduct national, State, local, or international exercises to test the readiness of the Nation to prevent or respond to a terrorist attack or a natural or manmade disaster and where conducted in accordance with existing facility or land use designations. This exclusion does not apply to exercises that involve the use of chemical, biological, radiological, nuclear, or explosive agents/devices (other than small devices such as practice grenades/flash bang devices used to simulate an attack during exercise play).

UNIQUE CATEGORICAL EXCLUSIONS FOR THE COAST GUARD

*L1 Personnel and other administrative actions associated with consolidations, reorganizations, or reductions in force resulting from identified inefficiencies, reduced personnel or funding levels, skill imbalances, or other similar causes.

L2 Routine procurement activities and actions for goods and services, including office supplies, equipment, mobile assets, and utility services for routine administration, operation, and maintenance.

L3 Routine personnel, fiscal, and administrative activities, actions, procedures, and policies which clearly do not have any environmental impacts, such as military and civilian personnel recruiting, processing, paying, and record keeping.

L4 Review of documents, such as studies, reports, and analyses, prepared for legislative proposals that did not originate in DHS and that relate to matters that are not the primary responsibility of the Coast Guard.

L5 Preparation of guidance documents that implement, without substantive change, the applicable

Commandant Instruction or other federal agency regulations, procedures, manuals, and other guidance documents.

L6 Approval of recreational activities or events (such as a Coast Guard Unit picnic) at a location developed or created for that type of activity.

*L7 The initial lease of, or grant of, an easement interest in, Coast Guard-controlled real property to a non-federal party or the amendment, renewal, or termination of such lease or easement interest where the reasonably foreseeable real property use will not change significantly and is similar to existing uses.

*L8 The grant of a license to a non-federal party to perform specified acts upon Coast Guard-controlled real property or the amendment, renewal, or termination of such license where the proposed real property use is similar to existing uses.

*L9 Allowing another federal agency to use Coast Guard-controlled real property under a permit, use agreement, or similar arrangement or the amendment, renewal, or termination of such permit or agreement where the real property use is similar to existing uses.

*L10 The lease of a Coast Guard controlled historic lighthouse property to a non-federal party as outlined in the Programmatic Memorandum of Agreement between the Coast Guard, Advisory

Council on Historic Preservation, and the National Conference of State Historic Preservation

Officers.

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*L11 Acquisition of real property (including fee simple estates, leaseholds, and easements) improved or unimproved, and related personal property from a non-federal party by purchase, lease, donation, or exchange where the proposed real property use is similar to existing uses for the foreseeable future (acquisition through condemnation not covered).

*L12 Acquisition of real property and related personal property through transfer of administrative control from another DHS component or another federal agency to the Coast Guard where title to the property remains with the United States including transfers made pursuant to the Defense Base

Closure and Realignment Act of 1990, Pub. L. 101-510, as amended, (10 U.S.C. § 2687 note) and where the proposed Coast Guard real property use is similar to existing uses.

*L13 Coast Guard use of real property under the administrative control of another DHS component or another federal agency through a permit, use agreement, or similar arrangement where the proposed real property use is similar to existing uses.

*L14 Coast Guard new construction upon, or improvement of, land where all of the following conditions are met:

(a) The structure and proposed use are substantially in compliance with prevailing local planning and zoning standards.

(b) The site is on heavily developed property and/or located on a previously disturbed site in a developed area.

(c) The proposed use will not substantially increase the number of motor vehicles at the facility.

(d) The site and scale of construction are consistent with those of existing, adjacent, or nearby buildings.

L15 Real property inspections for compliance with deed or easement restrictions.

*L16 Transfer of administrative control over real property from the Coast Guard to another DHS component or another federal agency (title to the property remains with the United States) that results in no immediate change in use of the property.

*L17 Determination by the Coast Guard that real property is excess to its needs, pursuant to the

Federal Property and Administrative Services Act of 1949 (40 U.S.C. § 471 et seq.), and the subsequent reporting of such determination to the Administrator of the General Services

Administration or the subsequent filing of a notice of intent to relinquish lands withdrawn or reserved from the public domain with the Bureau of Land Management, Department of Interior, in accordance with 43 C.F.R. § 2370.

*L18 Congressionally mandated conveyance of Coast Guard controlled real property to another federal agency or non-federal entity.

L19 Relocation of Coast Guard personnel into existing federally owned or leased space where use does not change substantially and any attendant modifications to the facility would be minor.

*L20 Decisions to temporarily or permanently decommission, disestablish, or close Coast Guard shore facilities including any follow-on connected protection and maintenance needed to maintain the property until it is no longer under Coast Guard control.

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*L21 Demolition of buildings, structures, or fixtures and disposal of subsequent building, structure, or fixture waste materials.

*L22 Determination by the Coast Guard that Coast Guard controlled personal property, including vessels and aircraft, is “excess property”, as that term is defined in the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. § 472(e)), and any subsequent transfer of such property to another federal agency’s administrative control or conveyance of the United States’ title in such property to a non-federal entity.

L23 Decisions to decommission or temporarily discontinue use of equipment:

*L23(a) Decisions to decommission or temporarily discontinue use of vessels and aircraft. This does not preclude the need to review decommissioning under Section 106 of the National Historic

Preservation Act.

L23(b) Decisions to decommission or temporarily discontinue use of equipment, not including vessels or aircraft. This does not preclude the need to review decommissioning under Section 106 of the National Historic Preservation Act.

*L24 Minor renovations and additions to buildings, roads, airfields, grounds, equipment, and other facilities that do not result in a change in functional use of the real property (e.g., realigning interior spaces of an existing building, extending an existing roadway in a developed area a short distance, installing a small antenna on an already existing antenna tower, adding a small storage shed to an existing building, etc.).

*L25 Installation of devices to protect human or animal life, such as raptor electrocution prevention devices, fencing to restrict wildlife movement on to airfields, and fencing and grating to prevent accidental entry to hazardous areas.

*L26 Maintenance dredging and debris disposal where no new depths are required, applicable permits are secured, and disposal will be at an existing approved disposal site.

L27 Routine repair, renovation, and maintenance actions on aircraft and vessels.

L28 Routine repair and maintenance of buildings, roads, airfields, grounds, equipment, and other facilities which do not result in a change in functional use, or an impact on a historically significant element or setting.

L29 Routine repair and maintenance to waterfront facilities, including mooring piles, fixed floating piers, existing piers, and unburied power cables.

*L30 Minor renovations and additions to waterfront facilities, including mooring piles, fixed floating piers, existing piers, and unburied power cables, which do not require special, site-specific regulatory permits.

L31 Routine grounds maintenance and activities at units and facilities. Examples include localized pest management actions and actions to maintain improved grounds (such as landscaping, lawn care and minor erosion control measures) that are conducted in accordance with applicable federal, state, and local directives.

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*L32 Defense preparedness training and exercises conducted on Coast Guard controlled property that do not involve undeveloped property or increased noise levels over adjacent property and that involve a limited number of personnel, such as exercises involving primarily electronic simulation or command post personnel.

L33 Defense preparedness training and exercises conducted on other than Coast Guard property, where the lead agency or department is not Coast Guard or DHS and the lead agency or department has completed its NEPA analysis and documentation requirements.

L34 Simulated exercises, including tactical and logistical exercises that involve small numbers of personnel.

L35 Training of an administrative or classroom nature.

*L36 Realignment or initial homeporting of mobile assets, including vessels and aircraft, to existing operational facilities that have the capacity to accommodate such assets or where supporting infrastructure changes will be minor in nature to perform as new homeports or for repair and overhaul.

Note: If the realignment or homeporting would result in more than a one for one replacement of assets at an existing facility, then the checklist required for this CE must specifically address whether such an increase in assets could trigger the potential for significant impacts to protected species or habitats before use of the CE can be approved.

L37 Operations to carry out maritime safety, maritime law enforcement, search and rescue, domestic ice breaking, and oil or hazardous substance removal programs.

L38 Actions performed as a part of USCG operations and the Aids to Navigation Program to carry out statutory authority in the area of establishment of floating and minor fixed aids to navigation, except electronic sound signals.

L39 Coast Guard participation in disaster relief efforts under the guidance or leadership of another federal agency that has taken responsibility for NEPA compliance.

L40 Routine movement of personnel and equipment, and the routine movement, handling, and distribution of non-hazardous and hazardous materials and wastes in accordance with applicable regulations.

*L41 Contracts for activities conducted at established laboratories and facilities, to include contractor-operated laboratories and facilities, on Coast Guard-owned property where all airborne emissions, waterborne effluents, external radiation levels, outdoor noise, and solid and bulk waste disposal practices are in compliance with existing applicable federal, state, and local laws and regulations.

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L42 Environmental site characterization studies and environmental monitoring including: Siting, constructing, operating, and dismantling or closing of characterization and monitoring devices.

Such activities include but are not limited to the following:

(a) Conducting geological, geophysical, geochemical, and engineering surveys and mapping, including the establishment of survey marks.

(b) Installing and operating field instruments, such as stream-gauging stations or flow-measuring devices, telemetry systems, geochemical monitoring tools, and geophysical exploration tools.

(c) Drilling wells for sampling or monitoring of groundwater, well logging, and installation of water-level recording devices in wells.

(d) Conducting aquifer response testing.

(e) Installing and operating ambient air monitoring equipment.

(f) Sampling and characterizing water, soil, rock, or contaminants.

(g) Sampling and characterizing water effluents, air emissions, or solid waste streams.

(h) Sampling flora or fauna.

(i) Conducting archeological, historic, and cultural resource identification and evaluation studies in compliance with 36 C.F.R. § 800 and 43 C.F.R. § 7.

(j) Gathering data and information and conducting studies that involve no physical change to the environment. Examples include topographic surveys, bird counts, wetland mapping, and other inventories.

L43 Natural and cultural resource management and research activities that are in accordance with inter-agency agreements and which are designed to improve or upgrade the Coast Guard’s ability to manage those resources.

L44 Planning and technical studies which do not contain recommendations for authorization or funding for future construction, but may recommend further study. This includes engineering efforts or environmental studies undertaken to define the elements of a proposal or alternatives sufficiently so that the environmental effects may be assessed and does not exclude consideration of environmental matters in the studies.

L45 Modification or replacement of an existing bridge on essentially the same alignment or location. Excluded are bridges providing access to undeveloped barrier islands and beaches.

L46 Construction of pipeline bridges for transporting potable water.

L47 Construction of pedestrian, bicycle, or equestrian bridges and stream gauging cableways used to transport people.

L48 Temporary replacement of a bridge immediately after a natural disaster or a catastrophic failure for reasons of public safety, health, or welfare.

L49 Promulgation of operating regulations or procedures for drawbridges.

L50 Identification of advance approval waterways under 33 C.F.R. § 115.70.

L51 Any Bridge Program action, which is classified as a CE by another federal agency acting as lead agency for such an action.

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L52 Regulations concerning vessel operation safety standards (e.g., regulations requiring: certain boaters to use approved equipment which is required to be installed such as an ignition cut-off switch, or carried on board, such as personal flotation devices (PFDS), and/or stricter blood alcohol concentration (BAC) standards for recreational boaters, etc.), equipment approval, and/or equipment carriage requirements (e.g., PFDs and visual distress signals (VDS’s)).

*L53 Congressionally mandated regulations designed to improve or protect the environment (e.g., regulations implementing the requirements of the Oil Pollution Act of 1990, such as those requiring vessels to have the capability to transmit and receive on radio channels that would allow them to receive critical safety and navigation warnings in U.S. waters, regulations to increase civil penalties against persons responsible for the discharge of oil or hazardous substances into U.S.

waters, etc.).

*L54 Regulations which are editorial or procedural, such as those updating addresses or establishing application procedures.

*L55 Regulations concerning internal agency functions or organization or personnel administration, such as funding, establishing Captain of the Port boundaries, or delegating authority.

*L56 Regulations concerning the training, qualifying, licensing, and disciplining of maritime personnel.

*L57 Regulations concerning manning, documentation, admeasurement, inspection, and equipping of vessels.

*L58 Regulations concerning equipment approval and carriage requirements.

L59 Regulations for Special Anchorage Areas or anchorage grounds:

*L59(a) Regulations establishing or increasing the size of Special Anchorage Areas or anchorage grounds.

L59(b) Regulations disestablishing or reducing the size of Special Anchorage Areas or anchorage grounds.

L60 Regulations for Regulated Navigation Areas and security or safety zones:

*L60(a) Regulations establishing or increasing the size of Regulated Navigation Areas and security or safety zones.

L60(b) Regulations for actions that disestablish or reduce the size of the area or zone.

L60(c) Regulations for temporary areas and zones that are established to deal with emergency situations and that are less than one week in duration.

*L60(d) Regulations for temporary areas and zones that are established to deal with emergency situations and that are one week or longer in duration REC will be prepared and submitted after issuance or publication.

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L61 Special local regulations issued in conjunction with a regatta or marine parade; provided that, if a permit is required, the environmental analysis conducted for the permit included an analysis of the impact of the regulations.

*L62 Regulations in aid of navigation, such as those concerning rules of the road, International

Regulations for the Prevention of Collisions at Sea (COLREGS), bridge-to-bridge communications, vessel traffic services, and marking of navigation systems.

L63 Approvals of regatta and marine parade event permits for the following events:

L63(a) Events that are not located in, proximate to, or above an area designated environmentally sensitive by an environmental agency of the Federal, state, or local government. For example, environmentally sensitive areas may include such areas as critical habitats or migration routes for endangered or threatened species or important fish or shellfish nursery areas.

*L63(b) Events that are located in, proximate to, or above an area designated as environmentally sensitive by an environmental agency of the Federal, state, or local government and for which the

USCG determines, based on consultation with the Governmental agency, that the event will not significantly affect the environmentally sensitive area.

*L64 Disposal of real property (including facilities) by the Coast Guard where the reasonably foreseeable use will not change significantly or where the reasonably foreseeable use is similar to existing surrounding properties (e.g., commercial store in a commercial strip, warehouse in an urban complex, office building in downtown area, row house or vacant lot in an urban area).

e. Commandant (CG-47) will add any approved new or substantially revised CATEXs to Table

3-1 of this Chapter. DHS SEP must determine whether an approved CATEX is appropriate for inclusion in the DHS-wide list or just the Coast Guard-specific list. DHS SEP will then revise Reference (e), Appendix A, Table 1 to include any approved new or substantially revised CATEXs.

f. Commandant (CG-47) must notify DHS SEP of any non-substantive revisions to, or deletions of, Coast Guard-specific CATEXs so that DHS SEP can amend Reference (e), Appendix A, Table 1 accordingly.

5. Limitations on Using CATEXs.

a. Some actions that fall under a CATEX may have extraordinary circumstances or conditions and may require a more detailed environmental review; for this reason, Proponents must be alert for circumstances that dictate the need to prepare an EA or EIS. Extraordinary circumstances are listed in this Chapter, this Section, at Paragraph 7 and identify unusual situations where an action that would normally be categorically excluded might have the potential for a significant effect on the environment. Use of the DSS or hard copy REC assists Proponents in identifying extraordinary circumstances. (For information on when it is appropriate within the Coast Guard to use a hard copy REC instead of the DSS, see Chapter

2, Section T.1.d of this IP.)

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