[Federal Register Volume 61, Number 85 (Wednesday, May 1, 1996)]
[Notices]
[Pages 19308-19313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10678]
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DEPARTMENT OF THE INTERIOR
National Environmental Policy Act Revised Implementing Procedures
AGENCY: Department of the Interior.
ACTION: Notice of proposed revised procedures for the Fish and Wildlife
Service (Service).
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SUMMARY: This notice announces proposed revised procedures for
implementing the National Environmental Policy Act (NEPA) within the
Fish and Wildlife Service. The proposed revisions will update the
agency's procedures, originally published in 1984, based on changing
trends, laws, and public concerns. Most importantly, the revisions
reflect new initiatives and Congressional mandates for the Service,
particularly involving new authorities for land acquisition activities,
expansion of grant programs and other private land activities, and
increased Endangered Species Act permit and recovery activities. The
revisions provide information on being a cooperating agency with other
Federal agencies; early coordination techniques for streamlining the
NEPA process with other Federal agencies, the States, and the private
sector; and integrating the NEPA process with other environmental laws
and executive orders.
DATES: Comments must be received no later than June 17, 1996.
ADDRESSES: Comments should be sent to Jamie Clark, Assistant Director
for Ecological Services, U.S. Fish and Wildlife Service, Room 3024,
1849 C Street, N.W., Washington D.C. 20240.
FOR FURTHER INFORMATION CONTACT:
Don Peterson, Environmental Coordinator, Fish and Wildlife Service, at
(703) 358-2183.
SUPPLEMENTARY INFORMATION: The Service's existing procedures for
implementing the National Environmental Policy Act appear in Appendix 1
to Chapter 6, Part 516, of the Departmental Manual (516 DM 6, Appendix
1). These procedures are consistent with the Council on Environmental
Quality's (CEQ) regulations for implementing NEPA. These procedures
were previously published in the Federal Register on July 1, 1982 (47
FR 28841), and were incorporated into the Departmental Manual on April
30, 1984.
The revisions proposed in this notice will update organizational
changes in the Service (Section 1.1); provide general Service NEPA
guidance (Section 1.2); update guidance to State, local, and private
applicants for permits and Federal assistance provided through Service-
administered programs (Section 1.3); update and expand the categorical
exclusions to reflect increased responsibilities, including the
implementation of several new programs (Section 1.4); add a new section
that identifies actions normally requiring an environmental assessment
(EA) (Section 1.5); and revise the list of major actions normally
requiring the development of an environmental impact statement (EIS)
(Section 1.6). The major changes in the revisions are listed below.
Section 1.1 NEPA Responsibility
This section is updated to reflect the current organizational
structure of the Service. The Division of Habitat Conservation provides
internal control for ensuring compliance with NEPA, including
developing and conducting specialized NEPA training courses for Service
personnel. The revisions provide greater flexibility to the Regional
Directors for coordinating the management of NEPA compliance
responsibilities with all program areas in the Region.
1.2 General Service Guidance
This new section lists Service NEPA guidance documents. These
documents include information on being a cooperating agency with other
Federal agencies, early coordination techniques for streamlining the
NEPA process, and integrating the NEPA process and documents with other
environmental laws and executive orders to reduce duplication.
Section 1.3 Guidance to Applicants
This section is updated to reflect new laws, regulations, and
changes in internal procedures for providing permits and Federal
assistance to applicants. Most importantly, this section recognizes new
authorities for land acquisition and technical assistance activities,
and expansion of grant programs and other activities for State, local,
and private entities. Since 1984, new grant and technical assistance
programs were established, including the North American Wetlands
Conservation Act; Food Security Act of 1985; Food, Agriculture,
Conservation, and Trade Act of 1990; Consolidated Farm and Rural
Development Act of 1990; Coastal Wetlands Planning Protection and
Restoration Act; and Clean Vessel Act of 1992. This section is
reorganized to more clearly provide applicants with addresses on how to
obtain information, where to request funds and assistance, and how to
assist the Service in NEPA compliance matters.
Section 1.4 Categorical Exclusions
Numerous revisions are made in this section to reflect changing
laws and program activities. Additional general language is inserted at
the beginning of the section to clarify what constitutes a categorical
exclusion, and the exceptions to categorical exclusions. When an
exception is applicable (such as a high degree of controversy over
environmental effects), the proposed action would require the
preparation of an EA or EIS. Major revisions to the categorical
exclusions are indicated below.
A(4). The phrase ``continuance of essentially the existing land use
is planned'' is deleted and replaced by the phrase ``continuance of or
minor modifications to the existing land use is planned'' to recognize
that land acquisition actions often involve small parcels that result
in a change in land use (such as from a soybean field to a wet meadow)
that routinely have no or negligible environmental effects. Small land
acquisition actions are increasing due to a number of factors,
primarily the increasing unavailability of large parcels. Following
acquisition of land, if large wetlands restoration developments are
planned, such as the construction of major dikes and water control
structures, an EA or EIS would be prepared.
B(3). The existing categorical exclusion for small construction
activities is revised to clarify that it includes new construction in
unimproved areas as well as the
[[Page 19309]]
addition of small structures and improvements to areas with existing
improvements. The language also clarifies that such small projects can
include the restoration of wetland, riparian, instream, or native
habitats. This categorical exclusion recognizes the increase in small
restoration projects conducted by the Service pursuant to the general
fish and wildlife conservation provisions of the Fish and Wildlife Act
of 1956. These activities may include fencing, construction of small
water control structures, seeding and other minor revegetation actions,
construction of small berms and dikes, and development of limited
access for routine maintenance and management purposes.
B(4) and (5). These categorical exclusions are added to address
routine fire management activities, when conducted in accordance with
Federal, State, and local laws and procedures.
B(9) and (10). These categorical exclusions are added to clarify
that the issuance of new or revised management plans with only minor
changes are categorically excluded. The existing categorical exclusions
A(1) and B(2) are not specific enough and occasionally have led to
confusion.
B(11). This categorical exclusion on natural resource damage
assessment restoration plans is added to allow such plans to be
categorically excluded when minor or negligible change in the capacity
or use of the affected areas is planned. The Service generally prepares
these plans, in response to a settlement agreement, for the restoration
of off-site environmental damages associated with hazardous waste sites
or hazardous material spills. This activity is new since 1984. When
significant changes and impacts are anticipated, the categorical
exclusion does not apply, and an EA or EIS will be prepared.
C(1). The existing categorical exclusion for the issuance of fish
and wildlife permits under 50 CFR is revised to include the issuance of
permits when there is no or negligible environmental disturbance. The
existing categorical exclusion is not sufficient to handle the full
extent of permit activities occurring since 1984. The existing
categorical exclusion does not apply when such permits involve the
killing, the removal from natural habitat, or the permanent impairment
of reproductive capability of endangered species, threatened species,
eagles, or marine mammals. For example, an increased number of permits
are being issued for activities involving migratory birds, marine
mammals, endangered and threatened species (i.e., incidental take,
scientific research, public display), listed under the Convention on
International Trade in Endangered Species (CITES), wild exotic birds,
eagles, and injurious wildlife. The proposed revision would allow
permit issuance to be categorically excluded when they meet the
criteria that the permits would have no or negligible environmental
effects. This revision is meant to focus on actions which suitably fit
CEQ's definition of categorical exclusion (40 CFR 1508.4), including
situations where there are no or negligible environmental effects from
actions which might take one or a small number of individuals. The
revision clarifies that the categorical exclusion applies to the
denial, suspension, and revocation, as well as issuance, of the permit.
C(2). This categorical exclusion is added to cover the issuance of
section 10(a)(1)(B) incidental take permits under the 1982 amendments
of the Endangered Species Act. Specifically, the exclusion addresses
only those permits for ``low-effect'' actions where, individually and
cumulatively, minor or negligible impacts would occur to listed species
or the environment as a result of the action. Incidental take permits
are required for non-Federal parties proposing actions that result in
``take'' of a listed species during otherwise lawful activities. This
categorical exclusion provides guidance for the issuance of such
permits not addressed in the general permit categorical exclusion C(1)
above. Under the Endangered Species Act, all section 10(a)(1)(B)
permits must be accompanied by an approved habitat conservation plan
and meet statutory issuance criteria. The Section 10(a)(1)(B) Handbook
provides additional guidance on the definition of a ``low-effect''
habitat conservation plan. Since 1982, approximately 141 permits and 15
permit amendments have been issued. Currently, the number of permit
applications is rapidly increasing, and approximately 200 habitat
conservation plans are in various stages of development. The Service
anticipates that this trend will continue, due to an increase in listed
species and continued agricultural, commercial, and residential
developments in areas where such species occur. This categorical
exclusion is intended to assist in streamlining the processing of
section 10(a)(1)(B) permits where, individually and cumulatively, minor
or negligible impacts to the listed species or other environmental
entities would occur as a result of the proposed action. The
categorical exclusion does not apply to habitat conservation plans that
do not meet the definition of ``low-effect'' in the Section 10(a)(1)(B)
Handbook.
C (5) and (6). These revised categorical exclusions for proposed
actions on national wildlife refuges requiring special use permits
would replace categorical exclusions C (4) and (5) in the current
procedures. The new language reflects changes in Service policy to
ensure that before proposed actions requiring special use permits can
be categorically excluded, such actions must be compatible with the
purposes for which the refuge was established, and meet other
requirements. Categorical exclusion C(6) can be used if an applicant's
proposal is not reviewed or considered, or will not be evaluated due to
a conflict with Service policy, regulations, or procedures. Although
NEPA compliance is not required in absence of a proposed action, this
categorical exclusion is included for clarification purposes.
C(7). This categorical exclusion, which addresses several types of
routine Service law enforcement activities, is added to clarify that
these activities, not specifically covered under the existing 516 DM 2,
Appendix 1.4, are also categorically excluded.
D. This categorical exclusion on the issuance of recovery plans
prepared under section 4(f) of the Endangered Species Act is added to
clarify that the issuance of recovery plans is categorically excluded.
Recovery plans do not, in themselves, impose mandatory actions.
Instead, the plans identify specific tasks that can be carried out
that, if implemented, would lead to the recovery of the species.
Recovery plans are not proposed actions from the standpoint of NEPA.
Additionally, section 1003 of the 1988 amendments to the Endangered
Species Act requires that prior to final approval of a new or revised
recovery plan, the Secretary of the Interior shall ``provide public
notice and an opportunity for public review and comment on such plan.''
The Service currently considers recovery plans to be categorically
excluded under a general categorical exclusion covering technical
assistance and consultations in the Departmental Manual (516 DM 2,
Appendix 1.10). This determination is indicated in a memorandum from
the Director to the Regional Directors (through Assistant Solicitor for
Fish and Wildlife), dated November 5, 1986; and in a memorandum from
the Deputy Director to the Regional Directors, dated September 10,
1991. The NEPA process would apply to the specific tasks in the
recovery plans whenever the Service proposes their implementation,
where appropriate.
[[Page 19310]]
E(1). This categorical exclusion on grants and other financial
assistance, where the environmental effects are minor or negligible, is
revised to include not only grants, but other forms of financial
assistance, such as cooperative agreements. Cooperative agreements are
commonly used in the implementation of small projects to benefit fish
and wildlife through Federal, State, local government, or private lands
restorations.
Section 1.5 Actions Normally Requiring an EA
A. The existing language under 1.3A states that the Service will
normally require the preparation of an EIS for the establishment of new
refuges, fish hatcheries, or research stations and major additions to
existing installations. The proposed revision states that the
establishment of most new refuges and fish hatcheries, and most
additions and rehabilitations to existing installations will require an
EA. Further, the proposed revision states that if the EA determines
that the proposal is a major Federal action significantly affecting the
quality of the human environment, an EIS will be prepared. The
determination will be made following review of the EA by the affected
public. This subsection is revised based on experience implementing
CEQ's NEPA regulations. Since 1984, 76 new refuges have been
established. Most are small in size and do not meet the significance
criteria for requiring an EIS listed in the Service Manual on NEPA
compliance [30 AM 3.9B(2)(d)], which is consistent with the intent of
section 102(2)(C) of NEPA. In fact, since 1984, only seven EISs were
required for the establishment of new refuges based on significant
impacts, and none for major additions to existing facilities. Further
developments on refuges, such as major changes in the management of the
land, rather than the establishment of the refuge, are more likely to
result in the preparation of an EIS. Since 1984, only a few fish
hatcheries have been established, all requiring an EA. Reference to
research stations has been deleted in the proposed revisions, since
they are now the responsibility of the National Biological Service,
also in the Department of the Interior. The proposed revision also
states that any habitat conservation plan that does not meet the
definition of ``low-effect'' in the Section 10(a)(1)(B) Handbook will
require an EA.
Section 1.6 Major Actions Normally Requiring the Preparation of an
EIS
A(1). This subsection on the establishment of refuges, fish
hatcheries, and major additions to existing installations, revises the
existing procedures to reflect the actual record of those situations
that, since 1984, normally result in the preparation of an EIS. Several
criteria are listed that, based on our experience since 1984, better
identify the circumstances under which the Service may require the
preparation of an EIS. These criteria are: substantive conflicts over
existing State and local land use occur, significant controversy exists
over the environmental effects of the proposal, or remediation of major
on-site sources of contamination is required. These criteria will be
weighed with respect to intensity and duration before a decision is
made whether to prepare an EIS. These criteria are not inclusive, in
that other factors could require the Service to prepare an EIS, within
the meaning of section 102(2)(C) of NEPA. Refer to the discussion in
Section 1.5.
A(2). This subsection combines the existing two parts [1.3(A) (2)
and (3)].
DEPARTMENTAL MANUAL
516 DM 6 Appendix 1
Fish and Wildlife Service
1.1 NEPA Responsibility
A. The Director is responsible for NEPA compliance for Fish and
Wildlife Service (Service) activities, including approval
recommendations to the Assistant Secretary (FW) for proposed referrals
to the Council on Environmental Quality (CEQ) of other agency actions
under 40 CFR part 1504.
B. Each Assistant Director (Refuges and Wildlife, Fisheries,
International Affairs, and Ecological Services) and the Deputy Director
for External Affairs (Federal Aid) is responsible for general guidance
and compliance in their respective areas of responsibility.
C. The Assistant Director for Ecological Services has been
delegated oversight responsibility for Service NEPA compliance.
D. The Division of Habitat Conservation (DHC-Washington), which
reports to the Assistant Director for Ecological Services, is
responsible for internal control of the environmental review and
analysis of documents prepared by other agencies and environmental
statements prepared by the various Service Divisions. This office is
also responsible for preparing Service NEPA procedures, guidelines, and
instructions, and for supplying technical assistance and specialized
training in NEPA compliance, in cooperation with the Service Office of
Training and Education, to Service entities. The Washington Office
Environmental Coordinator, who reports to DHC, provides staff
assistance on NEPA matters to the Director, Assistant Directors and
their divisions and offices, and serves as the Service NEPA liaison to
the CEQ, the Department's Office of Environmental Policy and Compliance
(OEPC), and NEPA liaisons in other Federal agencies, in accordance with
516 DM 6.2.
E. Each Regional Director is responsible for NEPA compliance in
his/her area of responsibility. An individual in each Regional Office,
named by title and reporting to the Assistant Regional Director for
Ecological Services, or other appropriate Assistant Regional Director,
or the Regional Director, will have NEPA coordination duties with all
program areas at the Regional level similar to those of the Washington
Office Environmental Coordinator, in accordance with 516 DM 6.2.
1.2 General Service Guidance
Service guidance on NEPA matters is found in 30 AM 2-3
(organizational structure and internal compliance), 505 FW 1-5
(environmental reviews of other agency environmental documents), and in
550 FW 1-3 (in preparation). These guidance documents provide
information on being a cooperating agency with other Federal agencies,
early coordination techniques for streamlining the NEPA process, and
integrating the NEPA process with other environmental laws and
executive orders. Some Service programs have additional NEPA compliance
information related to specific program planning and decisionmaking
activities. Service program guidance on NEPA matters must be consistent
with the Service Manual on NEPA guidance and departmental NEPA
procedures. For example, additional NEPA guidance is found in the
Federal Aid Handbook (521-523 FW), refuge planning guidance (602 FW 1-
3), Handbook for Habitat Conservation Planning and Incidental Take
Processing, and North American Wetlands Conservation Act Grant
Application Instructions.
1.3 Guidance to Applicants
A. Service Permits. The Service has responsibility for issuing
permits to Federal and State agencies and private parties for actions
which would involve certain wildlife species and/or use of Service-
administered lands. When applicable, the Service may require permit
applicants to provide additional information on the proposal and on its
environmental effects as may be necessary to satisfy the Service's
requirements to comply with NEPA,
[[Page 19311]]
other Federal laws, and executive orders.
(1) Permits for the Taking, Possession, Transportation, Sale,
Purchase, Barter, Exportation, or Importation of Certain Wildlife
Species. The Code of Federal Regulations, Part 13, Title 50 (50 CFR 13)
contains regulations for General Permit Procedures. Section 13.3 lists
types of permits and the pertinent Parts of 50 CFR. These include:
Importation, Exportation, and Transportation of Wildlife (Part 14);
Exotic Wild Bird Conservation (Part 15); Injurious Wildlife (Part 16);
Endangered and Threatened Wildlife and Plants (Part 17); Marine Mammals
(Part 18); Migratory Bird Hunting (Part 20); Migratory Bird Permits
(Part 21); Eagle Permits (Part 22); Endangered Species Convention (Part
23); and Importation and Exportation of Plants (Part 24). Potential
permit applicants should request information from the appropriate
Regional Director, or the Office of Management Authority, U.S. Fish and
Wildlife Service, Department of the Interior, Washington, DC 20240, as
outlined in the applicable regulation.
(2) Federal Lands Managed by the Service. Service lands are
administered under the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd-668ee), the Refuge Recreation Act of 1962
(16 U.S.C. 460k-460k-4), and the Alaska National Interest Lands
Conservation Act of 1980 (16 U.S.C. 410hh-3233, 43 U.S.C. 1602-1784).
Inherent in these acts is the requirement that only those uses that are
compatible with the purposes of the refuge unit may be allowed on
Service lands. Detailed procedures regarding comprehensive management
planning and integration with NEPA are found in the Service Manual (602
FW 1-3). Reference to this and other National Wildlife Refuge System
requirements are found in the Code of Federal Regulations, Title 50
parts 25-29, 31-36, 60, and 70-71. Under these regulations, these
protections are extended to all Service-administered lands, including
the National Fish Hatchery System.
B. Permits, Licenses, and Other Proposed Activities Reviewed by the
Service Under the Fish and Wildlife Coordination Act (FWCA). Under
provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-
667e; 48 Stat. 401, as amended), the Service investigates and reports
on proposals by any department or agency of the United States, or by
any public or private agency under Federal permit or license, that may
impound, divert, deepen, or otherwise control or modify any stream or
other water body. Private parties' and government agencies' planning
activities that may require a permit or license for activities of this
kind are encouraged to consult with the Service at the onset of
planning. Applications to other Federal agencies for these actions will
be forwarded to the Service and reviewed according to the Environmental
Protection Agency's (EPA) section 404(b)(1) Guidelines (40 CFR 230) and
the Service's Mitigation Policy (501 FW 2).
C. Federal Assistance to States, Local, or Private Entities.
(1) Federal Assistance Programs. The Service administers financial
assistance (grants and/or cooperative agreements) to State, local, and
private entities under the Anadromous Fish Conservation Act (CFDA
#15.600); North American Wetlands Conservation Act; Fish and Wildlife
Act of 1956; Migratory Bird Conservation Act; Food Security Act of
1985; Food, Agriculture, Conservation and Trade Act of 1990;
Partnerships for Wildlife Act of 1992; and Consolidated Farm and Rural
Development Act. The Service administers financial assistance to States
under the Sport Fish Restoration Act (CDFA #15.605), Wildlife
Restoration Act (CFDA #15.611), Endangered Species Act (CFDA #15.612
and 15.615), Coastal Wetlands Planning Protection and Restoration Act
(CFDA 15.614), and Clean Vessel Act of 1992 (CFDA #15.616).
(2) Program Information and NEPA Compliance. Information on how
State, local, and private entities may request funds and assist the
Service in NEPA compliance relative to the Anadromous Fish Conservation
Act may be obtained through the Division of Fish and Wildlife
Management Assistance, U.S. Fish and Wildlife Service, Department of
the Interior, Arlington Square Building, Room 840, Washington, D.C.
20240. Similar information regarding the North American Wetlands
Conservation Act may be obtained through the North American Waterfowl
and Wetlands Office, U.S. Fish and Wildlife Service, Department of the
Interior, Arlington Square Building, Room 110, Washington, D.C. 20240.
All other requests for information on how funds may be obtained and
guidance on how to assist the Service in NEPA compliance may be
obtained through the Chief, Division of Federal Aid, U.S. Fish and
Wildlife Service, Department of the Interior, Arlington Square
Building, Room 140, Washington, D.C. 20240.
1.4 Categorical Exclusions
Categorical exclusions are classes of actions which do not
individually or cumulatively have a significant effect on the human
environment. Categorical exclusions are not the equivalent of statutory
exemptions. If exceptions to categorical exclusions apply, under 516 DM
2, Appendix 2 of the Departmental Manual, the departmental categorical
exclusions cannot be used. In addition to the actions listed in the
departmental categorical exclusions outlined in Appendix 1 of 516 DM 2,
the following Service actions are designated categorical exclusions
unless the action is an exception to the categorical exclusion.
A. General. (1) Changes or amendments to an approved action when
such changes have no or minor potential environmental impact.
(2) Personnel training, environmental interpretation, public safety
efforts, and other educational activities, which do not involve new
construction or major additions to existing facilities.
(3) The issuance and modification of procedures, including manuals,
orders, guidelines, and field instructions, when the impacts are
limited to administrative effects.
(4) The acquisition of real property obtained either through
discretionary acts or when acquired by law, whether by way of
condemnation, donation, escheat, right-of-entry, escrow, exchange,
lapses, purchase, or transfer and that will be under the jurisdiction
or control of the United States. Such acquisition of real property
shall be in accordance with 602 DM 2 and the Service's procedures, when
the acquisition is from a willing seller, continuance of or minor
modification to the existing land use is planned, and the acquisition
planning process has been performed in coordination with the affected
public.
B. Resource Management. (1) Research, inventory, and information
collection activities directly related to the conservation of fish and
wildlife resources which involve negligible animal mortality or habitat
destruction, no introduction of contaminants, or no introduction of
organisms not indigenous to the affected ecosystem.
(2) The operation, maintenance, and management of existing
facilities and routine recurring management activities and
improvements, including renovations and replacements which result in no
or only minor changes in the use, and have no or negligible
environmental effects on-site or in the vicinity of the site.
(3) The construction of new, or the addition of, small structures
or improvements, including structures and improvements for the
restoration of wetland, riparian, in stream, or native
[[Page 19312]]
habitats, which result in no or only minor changes in the use of the
affected local area. The following are examples of activities that may
be included.
i. The installation of fences.
ii. The construction of water control structures.
iii. The planting of seeds or seedlings and other minor
revegetation actions.
iv. The construction of small berms or dikes.
v. The development of limited access for routine maintenance and
management purposes.
(4). The use of prescribed burning for habitat improvement
purposes, when conducted in accordance with local and State ordinances
and laws.
(5). Fire management activities, including prevention and
restoration measures, when conducted in accordance with departmental
and Service procedures.
(6) The reintroduction (e.g., stocking) of native, formerly native,
or established species into suitable habitat within their historic or
established range.
(7) Minor changes in the amounts or types of public use on Service
or State-managed lands, in accordance with existing regulations,
management plans, and procedures.
(8) Consultation and technical assistance activities directly
related to the conservation of fish and wildlife resources.
(9) Minor changes in existing master plans, comprehensive
conservation plans, or operations, when no or minor effects are
anticipated. Examples could include minor changes in the type and
location of compatible public use activities and land management
practices.
(10) The issuance of new or revised site, unit, or activity-
specific management plans for public use, land use, or other management
activities when only minor changes are planned. Examples could include
an amended public use plan or fire management plan.
(11) Natural resource damage assessment restoration plans, prepared
under sections 107, 111, and 122(j) of the Comprehensive Environmental
Response Compensation and Liability Act (CERCLA); section 311(f)(4) of
the Clean Water Act; and the Oil Pollution Act; when only minor or
negligible change in the use of the affected areas is planned.
C. Permit and Regulatory Functions. (1) The issuance, denial,
suspension, and revocation of permits for activities involving fish,
wildlife, or plants regulated under 50 CFR Chapter 1, Subsection B,
when such permits cause no or negligible environmental disturbance.
These permits involve endangered and threatened species, species listed
under the Convention on International Trade in Endangered Species
(CITES), marine mammals, wild exotic birds, migratory birds, eagles,
and injurious wildlife.
(2) The issuance of ESA section 10(a)(1)(B) ``low-effect''
incidental take permits that, individually or cumulatively, have a
minor or negligible effect on the species covered in the habitat
conservation plan.
(3) The issuance of special regulations for public use of Service-
managed land, which maintain essentially the permitted level of use and
do not continue a level of use that has resulted in adverse
environmental effects.
(4) The issuance or reissuance of permits for limited additional
use of an existing right-of-way for buried power, telephone, or
pipelines, where no new structures (i.e., facilities) or major
improvements to those facilities are required; and for permitting a new
right-of-way, where no or negligible environmental disturbances are
anticipated.
(5) The issuance or reissuance of special use permits for the
administration of specialized uses, including agricultural uses, or
other economic uses for management purposes, when such uses are
compatible, contribute to the purposes of the refuge, and result in no
or negligible environmental effects.
(6) The denial of special use permit applications, either initially
or when permits are reviewed for renewal, when the proposed action is
determined not compatible with the purposes for which the refuge was
established.
(7) Activities directly related to the enforcement of fish and
wildlife laws, not included in 516 DM 2, Appendix 1.4. These activities
include:
(a) Assessment of civil penalties.
(b) Forfeiture of property seized or subject to forfeiture.
(c) The issuance or reissuance of rules, procedures, standards, and
permits for the designation of ports, inspection, clearance, marking
and license requirements pertaining to wildlife and wildlife products,
and for the humane and healthful transportation of wildlife.
(8) Actions where the Service has concurrence or coapproval with
another agency and the action is a categorical exclusion for that
agency. This would normally involve one Federal action or connected
actions where the Service is a cooperating agency.
D. Recovery Plans. Issuance of recovery plans under section 4(f) of
the ESA.
E. Financial Assistance. (1) State, local, or private financial
assistance (grants and/or cooperative agreements), including State
planning grants and private land restorations, where the environmental
effects are minor or negligible.
(2) Grants for categorically excluded actions in paragraphs A, B,
and C, above; and categorically excluded actions in Appendix 1 of 516
DM 2.
1.5 Actions Normally Requiring an EA
A. Proposals to establish most new refuges and fish hatcheries; and
most additions and rehabilitations to existing installations.
B. Any habitat conservation plan that does not meet the definition
of ``low-effect'' in the Section 10(a)(1)(B) Handbook.
C. If, for any of the above proposals, the EA determines that the
proposal is a major Federal action significantly affecting the quality
of the human environment, an EIS will be prepared. The determination
will be made following review of the EA by the affected public.
1.6 Major Actions Normally Requiring an EIS
A. The following Service proposals, when determined to be a major
Federal action significantly affecting the quality of the human
environment, will normally require the preparation of an EIS.
(1) Major proposals establishing new refuges, fish hatcheries, or
major additions to existing installations, which involve substantive
conflicts over existing State and local land use, significant
controversy over the environmental effects of the proposal, or the
remediation of major on-site sources of contamination.
(2) Master or comprehensive conservation plans for major new
installations, or for established installations, where major new
developments or substantial changes in management practices are
proposed.
B. If, for any of the above proposals it is initially determined
that the proposal is not a major Federal action significantly affecting
the quality of the human environment, an EA will be prepared and
handled in accordance with 40 CFR 1501.4(e)(2). If the EA subsequently
indicates the proposed action will cause significant impacts, an EIS
will be prepared.
[Notice: Notice of Proposed Revised NEPA Procedures for the Fish and
Wildlife Service.]
[[Page 19313]]
Dated: April 25, 1996.
Willie Taylor,
Director, Office of Environmental Policy and Compliance, Office of the
Secretary, U.S. Department of the Interior.
[FR Doc. 96-10678 Filed 4-30-96; 8:45 am]
BILLING CODE 4310-55-M
