Single Publication

Categorical Exclusion Statement Ocala National Forest

May 16, 2023

Project Title: Wildfire Emergency Closure Order for Major Fire Operations

Project Description: Pursuant to Title 16 U.S.C. § 551, and Title 36 C.F.R. §§ 261.50(a) and (b), for the protection of public health and safety the following acts are prohibited on all lands and waters administered by the Ocala National Forest within Compartment 64 and the area Congressionally Designated as the Juniper Prairie Wilderness and the timber units south (i.e., Entirety of Compartments 94 and 63, excluding Juniper Recreation area and Sweetwater cabin area), including the entirety of that segment of National Forest System Roads (NFS) 33 between State Road 40 and NFS 50; the entirety of the segment of NFS 46 from NFS 33 to State Road 19; the entirety of the segment of NFS 50 from NFS 33 to State Road 19 . This Forest Order is effective from the date signed by the Forest Supervisor until August 1, 2023 or until terminated by an authorized Forest Service official, whichever occurs first.

1. Being in closed Wilderness. 36 C.F.R. §§ 261.57
   1. Entering or being in the area.
   2. Possessing camping or pack-outfitting equipment, as specified in the order.
   3. Possessing a firearm or firework.
   4. Possessing any non-burnable food or beverage containers, including deposit bottles, except for non-burnable containers designed and intended for repeated use.
   5. Grazing.
   6. Storing equipment, personal property or supplies.
   7. Disposing of debris, garbage, or other waste.
   8. Possessing or using a wagon, cart or other vehicle.
2. Being on any National Forest System trail, including trailheads and off-highway vehicle ("OHV") Corrals.  36 C.F.R. §§ 261.55(a), 261.53(e).  See Exhibit B (map) and Exhibit E (list) which are attached hereto and made a part hereof.
3. Entering or being in a boat ramp or water access site area.  For purposes of this Forest Order, boat ramp and water access site areas are defined as being within 25 yards (i.e., 75 feet) of a boat ramp or site commonly used to put watercraft in, or take watercraft out of, a body of water.  36 C.F.R. § 261.53(e).  See C (map) and Exhibit E (list) which are attached hereto and made a part hereof.
4. Camping.  36 C.F.R. § 261.58(e).  For purposes of this Forest Order, camping means the temporary use of National Forest System lands for the purpose of overnight occupancy without a permanently-fixed structure.  36 C.F.R. § 261.2.The purpose is for the protection of the public, firefighters, and natural resources during wildfire operations including rehabilitation and salvage, until which time the area is determined safe for the public.
5. Vehicles on a closed road. 36 C.F.R. § 261.54(a).  Use by any type of traffic prohibited by the order.

Pursuant to 36 C.F.R § 261.50(e), the following persons are exempt from this order:

1. Owners or lessees of land, to the extent necessary to access their land.
2. Residents, to the extent necessary to access their residences.
3. Any Federal, State or local officer or member of an organized law enforcement, rescue, or fire fighting force in the performance of their official duty.
4. On a case-by-case basis, persons with a permit issued by the applicable District Ranger which specifically authorizes the otherwise prohibited act or omission, such as permits authorizing maintenance on utility infrastructure and corridors, or concession management of recreation areas, which it is determined by the District Ranger that these permits can be done safely and not interfere with wildfire operations

Expiration: AUGUST 01, 2023.       Location: Compartments 63, 64, & 94, of Ocala NF, excluding Juniper Recreation Area and Sweetwater Cabin Area.

The U.S. Council on Environmental Quality’s NEPA regulations allow agencies to identify categories of action which do not normally have significant effects, and which do not need to be documented in an Environmental Impact Statement (EIS) or Environmental Assessment (EA). These categories of actions are called “categorical exclusions1”. The Secretary of Agriculture has established a list of categorical exclusions at 7 CFR part 1b.3. The Chief of the Forest Service has established a list of categorical exclusions at 36 CFR 220.6 (d) and (e). For a project to be approved under NEPA as a categorical exclusion, it must fall in one of the categories established by the Secretary or by the Chief, and there must be no extraordinary circumstances related to the proposed action (36 CFR 220.6(b)).

I have reviewed this project for compliance with the National Environmental Policy Act, and have determined that it falls under section 31.1 of the Forest Service Handbook 1905.15 chapter 30, which are Categories for which project or case files and a Decision Memo are not required.

More specifically, this project falls under (Check one)

Section 31.11

1. Policy development, planning and implementation which relate to routine activities, such as personnel, organizational changes, or similar administrative functions.
2. Activities that deal solely with the funding of programs, such as program budget proposals, disbursements, and transfer or reprogramming of funds.
3. Inventories, research activities, and studies, such as resource inventories, and routine data collection when such actions are clearly limited in context and intensity.
4. Educational and informational programs and activities.
5. Civil and criminal law enforcement and investigative activities.
6. Activities which are advisory and consultative to other agencies and public and private entities, such as legal counseling and representation.
7. Activities related to trade representation and market development activities abroad.

1 "Categorical exclusion" means a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of these regulations (Sec. 1507.3) and for which, therefore, neither an environmental assessment nor an environmental impact statement is required. An agency may decide in its procedures or otherwise, to prepare environmental assessments for the reasons stated in Sec. 1508.9 even though it is not required to do so. Any procedures under this section shall provide for extraordinary circumstances in which a normally excluded action may have a significant environmental effect. (40 CFR 1509.4)

Section 31.12

 (1) Orders issued pursuant to 36 CFR Part 261 – Prohibitions to provide short-term resource protection or protect public health and safety. [Pursuant sub-part B; § 261.50 (a) & (b)]

2. Rules, regulations, or policies to establish Service-wide administrative procedures, or instructions.
3. Repair of maintenance of administrative sites.
4. Repair of maintenance of roads, trails, and landline boundaries.
5. Repair and maintenance of recreation sites and facilities.
6. Acquisition of land or interest in land.
7. Sale or exchange of land or interest in land and resources where resulting land uses remain essentially the same.
8. Approval, modification, or continuation of minor, short-term (one year or less) special uses of National Forest System Lands.
9. Issuance of a new permit for up to a maximum tenure allowable under the National Forest Ski Area Permit Act ……
10. Amendment to or replacement of an existing special use authorization that involves only administrative changes …..

I have determined that this project is consistent with the Revised Land and Resource Management Plan for the National Forests in Florida, June 1999.

This project was scoped internally within the Forest Service during the WildFire Decision Support Strategy meeting 4/27/2023 and wildfire briefing 05/02023 with the Incident Management Team, district resource specialists, and Agency Administrator. Implementation of this prohibition does not require sub-surface archaeological survey. A site-specific analysis indicates there are no extraordinary circumstances that warrant further analysis and documentation in an EA or an EIS. This environmental analysis consisted of:

Archeological review completed on: Not Applicable Biological review completed on: Not Applicable

Inter-disciplinary team discussion/review; Determination of NEPA Adequacy.

Since this proposed action falls in an identified categorical exclusion, there are no extraordinary circumstances, and it is consistent with the Forest Plan, I am approving the implementation of this project. Pursuant to 36 CFR 218, this decision is not subject to objections and may be implemented immediately.

   5/16/23