Energy Product Facility or Electrical Facility Rights of Way– Categorical Exclusion (2026)

Energy Product Facility or Electrical Facility Rights of Way– Categorical Exclusion

Review Form

The Director of Mashkiiziibii Natural Resource Department (MNRD) shall assess the

environmental impact of proposed Right-of-Ways (RoW) in accordance with the

standards of Bad River Band of Lake Superior Chippewa Indians Tribal Code (Tribal

Code), Chapter 4.07 or 4.11. Some RoWs may qualify for a categorical exclusion

(CATEX). CATEXs are categories of actions that do not individually or cumulatively have

an adverse effect on the quality of public health or safety and the environment.

As part of the CATEX determination process, MNRD determines whether there are any

extraordinary circumstances that would prevent the RoW from being eligible for a

CATEX. If the proposed project is eligible for a CATEX and no extraordinary

circumstances are involved, no further environmental review under the codes specified

is required, and MNRD will provide recommendations, if any, of the proposed RoW to

avoid, minimize, and/or mitigation impacts.

MNRD will independently review the information provided on the RoW application form

along with relevant data and information and will determine whether a project is eligible

for a CATEX. If MNRD finds that a project meets the qualifications for a CATEX, MNRD

will complete this checklist, including documenting the reasons for MNRD’s

determination and prepare a report with recommendations in accordance with Tribal

Code, Section 4.07.050(d)(3) or 4.11.050(d)(3).

I. Right of Way (RoW) Information

General Information

RoW Name:

BEC Electrical Infrastructure in New Odanah and from Miller Road to Birch Hill

Applicant Organization:

Bayfield Electric Cooperative (BEC)

Date RoW Application Was Received:

December 2023 received an incomplete application

Project Review PIN # (if applicable):

2023-87

Duration of RoW Proposed by Applicant:1

25 years

RoW Description (Summary of RoW Purpose & Scope)

This RoW application is for BEC electrical infrastructure within New Odanah and from

Miller Road to Birch Hill community. This RoW application is associated with tribal

needs, including upgrading to three phase power from Miller Road to Birch Hill

Community and constructing a minigrid.

1

Refer to Attachment 2 for MNRD’s recommendation about the duration of the RoW agreement (if approved).

Mashkiiziibii Natural Resources Department

Page 1 of 10

Energy Product Facility or Electrical Facility Rights of Way– Categorical Exclusion

Review Form

II. CATEX Checklist

Instructions

(Check YES or No) Complete the following questions in their entirety to determine if the

project is eligible for a Categorical Exclusion (CATEX) pursuant to Tribal Code, Sections

4.07.050 or 4.11.050. Add statement and supporting documentation to Attachment 1

and add recommendations (if any) to Attachment 2.

Questions

YES NO

(a) Does the RoW pose a threat to public health or safety?

x

(b) Will the RoW have a negative impact on sites that are sacred or of

cultural significance to the Tribe?

x

(c) Will the RoW have a negative impact on sites used by Tribal members

for Hunting, Fishing, gathering, cultural practices, religious activities or

recreation?

x

(d) Will the RoW adversely impact an area of unique characteristics such

as proximity to historic or cultural resources, park lands, prime farmlands,

wild rice waters, wild and scenic rivers, ecological critical areas,

Outstanding Tribal Resource Waters, Wetlands of International Importance,

Sites of International Importance (Ramsar Site), and North America

Wetland Conservation Act (NAWCA)?

x

(e) Is the RoW related to other actions with individually insignificant but

cumulatively significant impacts?

x

(f) Will the RoW have a negative impact on sites, structures, or objects

listed in or eligible for listing in the National Register of Historic Places or

may cause loss or destruction of significant scientific, archeological,

cultural, or historical resources?

x

(g) Will the RoW have a negative impact on endangered or threatened

species or their habitat that has been determined to be critical under Tribe

law or under the federal Endangered Species Act?

X

(h) Will the RoW violate federal or Tribal Environmental Laws?

X

(i) Will the RoW have a negative impact on Air Quality?

X

(j) Will the RoW adversely impact the water resources, including surface

and ground water, water quality, water quantity, water uses and rights,

fisheries, floodplains and/or wetlands?

X

Mashkiiziibii Natural Resources Department

Page 2 of 10

Energy Product Facility or Electrical Facility Rights of Way– Categorical Exclusion

Review Form

(k) Will the RoW have a negative impact on biological resources, including

wildlife, vegetation, ecosystems and biological communities?

X

(l) Will the RoW have a negative impact on visual resources, scenic views,

and wilderness values?

X

(m) Will the RoW have a negative impact on generation of excessive noise,

vibrations, light, or glare?

X

(n) Will the RoW have a negative impact on transportation networks?

X

(o) Does the RoW potentially meet any of the CATEXS described in

X

4.07.050(b) or 4.11.050(b)?

If yes is selected for (o), list the letter(s) of the CATEXS that potentially apply (refer to

Section IV for the list): (F), (K)

III. Extraordinary Circumstances Statement

Instructions

(Check TRUE or FALSE and if TRUE, select boxes that apply) Tribal Code, Sections

4.07.050(b)(3) or 4.11.050(b)(3) requires the preparation of an environmental review

statement (notwithstanding the categorical exclusions) if there is reason to believe that the

approval of a proposed RoW would adversely impact the interests described in Section II.a.

through n. Thus, an evaluation of Extraordinary Circumstances is necessary.

Statement

TRUE

FALSE

1. No extraordinary circumstances apply to the proposed action pursuant

to Title 4, Property Code, Sections 4.07.050 or 4.11.050 that justify that

the proposed action will adversely impact the interests addressed in

Section III. This conclusion is based on (check all that apply):

x (a) past experience with similar actions.



x (b) information gathered as part of a previous environmental

review conducted at the proposed action site.

x (c) information gathered as part of this environment review and/or



project review.

 (d) other as described below:

Mashkiiziibii Natural Resources Department

Page 3 of 10

X

Energy Product Facility or Electrical Facility Rights of Way– Categorical Exclusion

Review Form

IV. MNRD Review Determination and Responsible Official Signature

MNRD Review Determination and Responsible Official Signature (MNRD Use Only)

Sections I through IV must be completed to satisfy MNRD’s documentation requirements

for CATEX eligibility. If completion of this form indicates that a CATEX does apply, the

Responsible Official must sign below.

Categorical Exclusion Determination. MNRD finds that the proposed RoW is eligible for

exclusion from detailed environmental review under Tribal Code, Sections 4.07.050 or

4.11.050 and will not involve any of the extraordinary circumstances. MNRD determined

that the proposed RoW is eligible for the following CATEX(s) (check all that apply):

 (A) There is an earlier environmental review statement and finding of no significant

impact prepared not more than twenty-four months earlier for a substantially

identical right – of — way related activity on the same site.

 (B) single family home sites, including up to four dwelling units in a single or

separate buildings, and associated Improvements, including, but not limited to,

construction of homes, outbuildings, access roads, and utility lines, provided (i) the

activity encompasses five acres or less of contiguous lands and (ii) such sites and

associated Improvements do not adversely affect any Tribal cultural resources or

historic properties and are in compliance with applicable Federal and Tribal laws.

 (C) rooftop solar energy facilities.

 (D) Up to two acres for ground-mounted solar facilities that do not involve removal of

a substantial number of healthy trees that are mature or scenic and provided such

facilities do not adversely affect Tribal cultural resources or historic properties.

 (E) operation, repair, maintenance or minor alteration of existing structures,

facilities, mechanical equipment, or topographical features, involving negligible or no

expansion of use beyond that existing at the time of entering into the propose

agreement, e.g., (i) alterations of interior partitions, plumbing, electrical

conveyances, or gutters; (ii) restoration or rehabilitation of deteriorated or damaged

structures, facilities, or mechanical equipment; (iii) demolition and removal of small

structures; and (iv) minor repairs.

x (F) Replacement or reconstruction of existing structures and facilities where the new



structure will be located on the same site as the structure replaced and will have

substantially the same size, purpose and capacity as the structure replaced.

 (G) Construction of a limited number of new, small facilities or structures; installation

of small new equipment and facilities in small structures; and the construction or

placement of minor accessory (appurtenant) structures such as small above-ground

utility facilities shelters, on-premises signs, small parking lots, and fences, provided

such facilities do not adversely affect Tribal cultural resources or historic properties.

 (H) Minor alterations in the condition of land and/or vegetation which do not involve

removal of a substantial number of healthy trees that are mature or scenic, such as

(i) grading on land with a slope of less than 10 percent, (ii) landscaping installation

and maintenance, (iii) filling of earth into previously excavated land with material

Mashkiiziibii Natural Resources Department

Page 4 of 10

Energy Product Facility or Electrical Facility Rights of Way– Categorical Exclusion

Review Form





x









compatible with the natural features of the site, and (iv) minor trenching and

backfilling where the surface is restored.

(I) Minor additions to existing buildings or other structures where the addition does

not increase the original size by more than 25% and provided such actions do not

adversely affect Tribal cultural resources or historic properties.

(J) Cleanup actions taken under the supervision of the Tribe to avoid, minimize,

stabilize, mitigate, or eliminate the release or threat of release of an existing

hazardous waste or substance.

(K) Activity that does not involve changes in the use of land and that is aligned with

tribal interest.

(L) Rights-of-Way inside another right-of-way, or amendments to rights-of-way

where no deviations from or additions to the original right-of-way are involved and

where there is an existing NEPA analysis covering the same or similar impacts in

the right-of-way area.

(M) Service line agreements to an individual residence, building or well from an

existing facility where installation will involve no clearance of vegetation from the

right-of-way other than for placement of poles, signs (including highway signs), or

buried power/cable lines.

(N) Renewals, assignments and conversions of existing rights-of-way or service

lines where there would be essentially no change in use and continuation would not

lead to environmental degradation.

Consequently, MNRD will not prepare an environmental impact statement or an

environmental assessment for the proposed project. MNRD may revoke this categorical

exclusion if changes in the proposed action render it ineligible for exclusion or if new

evidence emerges which indicates that serious local or environmental issues exist or

federal, state, or local laws would be violated.

As the Responsible Official, I have determined that this action is eligible for a Categorical

Exclusion per the substantive environmental review requirements under Tribal Code,

Sections 4.07.050 or 4.11.050. Section III of this form has been completed providing the

required Extraordinary Circumstances Statement. MNRD’s recommendations (if any) to

avoid, minimize, and/or mitigate impacts are provided in Attachment 2. This determination

is (check one box):

x Preliminary and will be posted for public comment.



 Final and public comments were considered.

Signature:

Title:

Date:

Natural Resources Director 3/17/2026

As the Realty Officer, I concur with the Responsible Official’s final determination that this

action is eligible for a Categorical Exclusion per the substantive environmental review

requirements under Tribal Code, Sections 4.07.050 or 4.11.050.

Signature:

Title:

Date:

Mashkiiziibii Natural Resources Department

Page 5 of 10

Energy Product Facility or Electrical Facility Rights of Way– Categorical Exclusion

Review Form

Attachment 1

RoW Name:

BEC Electrical Infrastructure in New Odanah and from Miller Road to Birch Hill

Attachment 1. CATEX Eligibility and/or Extraordinary Circumstances Statement(s)

The space below may be used for a statement and supporting documentation explaining

CATEX eligibility and why no extraordinary circumstances exist or apply to the proposed

action pursuant to Tribal Code, Sections 4.07.050 or 4.11.050. Attach additional pages

as needed. Material incorporated by reference should briefly describe its content.

Provide hyperlinks to the incorporated material, or attached incorporated material to this

CATEX, or otherwise indicate how the public can access the material for inspection.

•

The Mashkiiziibii Natural Resources Department completed a Preliminary Project

Review (PIN 2023-87) for the project and requested the applicant submit a

Secondary Project Review application to submit more information about the project

including but not limited to:

 A wetland delineation of the proposed RoW, including a wetland delineation

report and supporting shapefiles.

 Information about BMPs that will be implemented during the work including,

but not limited to, BMPs for erosion/sedimentation.

 Permit applications for the Antidegradation Policy, CWA 401 Certification, and

the Wetlands and Watercourses Protection Ordinance (WWPO).

 Information about how the potential for inadvertent releases (IRs) associated

with directional boring will be monitored and the plan to respond to and

remediate an IR if it occurs. This information includes, but is not limited to, the

composition of the drilling fluid (e.g., source of water to be used, list of other

substances included in the drilling fluid) and how the loss of drilling fluid will be

monitored.

 BEC submitted a Secondary Project Review application to MNRD on February

11, 2026 with more information, and MNRD is in the process of reviewing the

application. Some, but not all, of the information listed above has been

received by MNRD to date. MNRD will expect the remaining outstanding

information prior to the BEC infrastructure upgrade project’s permits/approvals

being issued by MNRD so the permits/approvals can be appropriately

conditioned.

• The majority of the proposed project route is within existing road RoWs or utility

corridors.

• BEC is utilizing a contractor in February-March 2026 to brush the existing BEC

corridors.

• The proposed project is aligned with the long-term goals and action steps

identified in the Band’s Strategic Plan (July 2018) and Pre-Disaster Mitigation

Plan (Sept. 2018). For example, under Band’s Strategic Plan Goal 7: Invest in

Community Infrastructure, initiatives for renewable energy and expanding housing

are specifically mentioned, and upgrading the BEC infrastructure associated with

the proposed ROW is needed to support these initiatives. Another example is that

the Band’s Pre-Disaster Mitigation Plan identifies relevant mitigation actions, such

Mashkiiziibii Natural Resources Department

Page 6 of 10

Energy Product Facility or Electrical Facility Rights of Way– Categorical Exclusion

Review Form

•

as prioritizing projects to improve infrastructure, such as burying electric power

lines.

Ambient air quality is protected by both Federal and state regulations. Under the

Clean Air Act (CAA) and its amendments, the EPA established National Ambient Air

Quality Standards (NAAQS) for six criteria pollutants to protect human health

(primary NAAQS) and public welfare (secondary NAAQS). Implementation of BMPs

would keep air emissions to a minimum during the construction state of the

proposed action. Therefore, the integrity of the decision area’s air quality will be

maintained at current levels due to the short-term nature of this proposed action, in

addition to adherence of BPMs referenced in this decision.

Mashkiiziibii Natural Resources Department

Page 7 of 10

Energy Product Facility or Electrical Facility Rights of Way– Categorical Exclusion

Review Form

Attachment 2

RoW Name:

BEC Electrical Infrastructure in New Odanah and from Miller Road to Birch Hill

Attachment 2. Recommendations to Avoid, Minimize, and/or Mitigate Impacts of

the RoW

The space below may be used for MNRD’s recommendations to avoid, minimize,

and/or mitigate impacts of the proposed RoW pursuant to Title 4, Property Code,

Sections 4.07.050 or 4.11.050. Attach additional pages as needed. Material

incorporated by reference should briefly describe its content. Provide hyperlinks to the

incorporated material, or attached incorporated material to this CATEX, or otherwise

indicate how the public can access the material for inspection.

• The duration of the RoW is recommended to be 25 years.

• In order to avoid and minimize the introduction and spread of non-local beings

(invasive species) during construction and decommissioning work and in the

maintenance and operational phases, Bad River requirements regarding

equipment cleaning and inspections must be followed. Furthermore, Bad River

requirements to minimize the spread of non-local beings include avoiding

disturbing non-local beings to the extent practicable and removing and disposing

of the seeds and fruits of non-local beings when it is not possible to avoid

disturbance and as appropriate to each species. If reseeding is necessary, a

MNRD-approved native seed mix must be used.

• With response to installation, maintenance (e.g., repairs), and operations,

adherence to Tribal and Federal laws including, but not limited to:

o Obtaining the necessary environmental permits and approvals identified

prior to the work and adhering to the permit/approval conditions during

installation. This includes, but is not limited to, conditions to avoid,

minimize, and/or mitigate impacts to nearby Exceptional Resources Waters.

Future maintenance and operational activities will be subject to review and

permitting through the Tribe’s Project Review Process and Access Permits

obtained: https://www.badriver-nsn.gov/natural-resources/projectreviews/.

Waters designated as high quality by the Tribe, such as Exceptional

Resource Waters, can be viewed in Bad River’s Water Quality Designation

Mapper that is available at:

https://www.arcgis.com/apps/View/index.html?appid=6f44c371217e4ee8b5f

1c2c705c7c7c5.

o Bad River Band’s Environmental Response and Remediation Code (Ch.

3.25) regulating the identification, threat, and/or discharge of hazardous

substances or materials: Chapter 3.25 | Bad River Band of the Lake

Superior Chippewa Indians Law Library)

o Water-related laws, including the Band’s Water Quality Standards

(https://www.badriver-nsn.gov/natural-resources/water-resources/) and

Band’s Ch. 3.11 and 3.12 (https://law.badrivernsn.gov/us/nsn/badriver/council/code/3).

Mashkiiziibii Natural Resources Department

Page 8 of 10

Energy Product Facility or Electrical Facility Rights of Way– Categorical Exclusion

Review Form

•

•

•

•

•

•

•

o Band’s Right-of-Way Maintenance Method Ordinance (Ch. 4.06):

https://law.badriver-nsn.gov/us/nsn/badriver/council/code/4.06.

Tribal Monitor(s) hired by the Bad River Band through the Tribal Historic

Preservation Office (THPO) must be present during soil disturbance activities as

deemed necessary by the THPO. This includes during the installation phase along

with future phases of the RoW including maintenance and operation. The

applicant is responsible for compensating THPO for the associated costs in

accordance with the most current version of the THPO Fee Scheduled of

Services. For example: https://www.badriver-nsn.gov/wpcontent/uploads/2023/08/Fee-Schedule-for-THPO-ConsultantServices_2023.08.02.pdf.

If an inadvertent discovery of human remains, funerary items, or artifacts occurs,

BEC must stop work and immediately contact THPO and other appropriate

authorities. BEC must adhere to the Tribe’s no removal policy for inadvertent

discoveries and must comply with other requirements communicated by THPO.

For example, THPO may require the hiring of a registered professional

archeologist (RPA), who is qualified in bone identification and that their

qualifications are reviewed by THPO.

In order to minimize impacts to the environment and concerns related to human

health and safety, the company and their contractor must carry with them personal

protective equipment (PPE), fire extinguishers, spill response materials, and other

equipment necessary to mitigate and address safety concerns. The company must

also provide prompt notice to MNRD when a safety incident occurs or is identified

and address all safety issues promptly following appropriate procedures.

o Information about access during an emergency can be found at:

https://www.badriver-nsn.gov/wp-content/uploads/2023/07/Access-Permitsin-Emergency-Situations.pdf.

In order to minimize impacts to the environment, all construction materials and

waste must be appropriately stored and handled, including disposal either through

appropriate recycling or solid/hazardous waste pathways at the end of life for the

items. This includes all marking materials (like flagging/staking) and all BMPs (like

silt fence, etc.) once they have fulfilled their purpose during construction and under

permit conditions.

All work must be completed using Best Management Practices (BMPs) to avoid

and minimize impacts to the natural resources.

MNRD is evaluating recommendations to help improve hydrology and wetland

functions along Highway 2 to support the Tribe’s goals to mitigate future flooding

impacts. One recommendation is to not permanently install rock in wetlands for

access purposes, but instead to use construction matting or similar short-term

measure that can more easily be removed after the construction phase and then

re-installed if needed for future activities. The other recommendations will be

incorporated into either the water-related permits and approvals for the

construction of the line and/or the cumulative impact assessment study

recommendation for the RoW agreement.

Cumulative effects are evaluated as part of a comprehensive evaluation of impacts

associated with other RoW decision-making relevant to BEC.

Mashkiiziibii Natural Resources Department

Page 9 of 10

Energy Product Facility or Electrical Facility Rights of Way– Categorical Exclusion

Review Form

•

•

While impacts to wildlife from the right of way would be minimal, it would be

recommended to maintain either a feathered edge, or short shrubby vegetation

where the right of way crosses a wetland in order to help maintain wildlife

movement corridors and to reduce the cumulative impacts on the wildlife within the

area.

The RoW will impact visual resources and scenic view, in comparison to allowing

for natural forested landscape to exist in the proposed corridor instead of the

power pole structure and maintained vegetation. Additionally, the three phase

poles will also be larger than the existing single-phase poles that exist along the

corridor, which means they will stand out more visually. However, impacts to

scenic views and visual resources could be mitigated by encouraging natural

herbaceous vegetation communities free of invasive species to colonize the

corridor instead and using BMPs when brushing is needed. Also, the impact to

these resources is less when co-located as the project is in the highway corridor

with other utilities in comparison to cutting through areas otherwise not impacted.

Wilderness Value, however, would be minimally impacted due to the proximity of

other right of ways/utility corridors.

Mashkiiziibii Natural Resources Department

Page 10 of 10