[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19103]


[[Page Unknown]]

[Federal Register: August 5, 1994]


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DEPARTMENT OF THE INTERIOR
[WO-240-04-4350-02-24 1A]

 

Interagency Memorandum of Understanding Concerning Animal Damage 
Control and National Environmental Policy Act (NEPA) Compliance

AGENCY: Bureau of Land Management; Interior.

ACTION: Notice and request for comment.

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SUMMARY: The Department of the Interior, Bureau of Land Management 
(BLM), and the Department of Agriculture, Animal and Plant Health 
Inspection Service (APHIS), are planning to sign a Memorandum of 
Understanding (MOU) that recognizes APHIS as the lead Federal agency 
for the conduct of animal damage management on lands administered by 
the BLM. Specifically, the MOU assigns responsibility for carrying out 
animal damage management (ADM) primarily for protection of livestock, 
including compliance with the National Environmental Policy Act (NEPA) 
and the issuance of records of decision to APHIS. Under the current 
MOU, BLM and APHIS divide ADM responsibilities, with BLM preparing 
site-specific environmental analyses. The proposed MOU recognizes the 
State's responsibilities for management of resident wildlife 
populations and the need for communication among the parties, the 
States, and other affected agencies such as the Forest Service.
    Implementation of this MOU will place responsibilities where they 
logically belong and streamline the conduct of ADM. It will allow BLM 
to focus money and time on its own responsibilities and initiatives and 
allow APHIS to better carry out its responsibilities under the Animal 
Damage Control Act in compliance with NEPA.

DATES: Comments on this draft MOU must be submitted in writing by 
October 4, 1994. Comments received or postmarked after this date may 
not be considered in the issuance of the final MOU.

ADDRESSES: Comments and questions should be directed to Cal McCluskey, 
Bureau of Land Management, Division of Wildlife and Fisheries, 1849 C 
Street, N.W., Washington, D.C. 20240; telephone (202) 452-7765.

SUPPLEMENTARY INFORMATION: On September 7, 1993, Vice President Gore 
issued the National Performance Review report which detailed the re-
invention of government with a focus on streamlining and an overall 
reduction in management. This MOU pursues both those goals by 
consolidating responsibilities for ADM in APHIS, thereby avoiding 
redundancy and expense.

Background

    The Federal Land Policy and Management Act of 1976 (FLPMA), 43 
U.S.C. section 1701 et seq., authorizes the Secretary of the Interior 
to manage the public lands under principles of multiple use and 
sustained yield. The Secretary, in managing the public lands, is 
subject to other applicable law, such as the Animal Damage Control Act. 
The FLPMA also allows the Secretary to permit other Federal agencies to 
use public lands through cooperative agreements. 43 U.S.C. 1732. The 
FLPMA does not enlarge or diminish the responsibility and authority of 
the States for management of fish and resident wildlife. 43 U.S.C. 
1737. However, the Secretary may designate areas of the public lands 
where hunting and fishing are not allowed for reasons of ``public 
safety, administration or compliance with provisions of applicable 
law.'' 43 U.S.C. 1732(b)
    The Animal Damage Control Act, 7 U.S.C. section 426, 426(b), gives 
the Secretary of Agriculture the authority to conduct campaigns for the 
destruction or control of predatory animals on public and private 
lands. 7 U.S.C. 426, 426(b). It also provides that the Secretary may 
cooperate with public agencies, States and others. Id.
    The purpose of this MOU is to consolidate program responsibility 
for ADM for protection of livestock with APHIS. Currently, APHIS 
creates an ADM plan and submits it to BLM. The BLM is then responsible 
for preparing environmental analyses (EA's) and records of decision 
authorizing APHIS's action on BLM lands. This dual-agency process is 
cumbersome for both agencies, unnecessary, and expensive. It places BLM 
in the position of analyzing the environmental consequences of another 
agency's action on public lands and issuing a record of decision to 
allow APHIS's action to occur.
    Beginning in 1991 and extending through 1993, many administrative 
appeals were filed with the Interior Board of Land Appeals challenging 
the legal sufficiency of BLM's NEPA documentation on the APHIS's 
activities. In response, BLM issued an Instruction Memorandum in 1993 
(IM No. 93-199), ordering all field offices to allow full, programmatic 
animal damage control only where NEPA documentation was complete and up 
to date. (The directive did not affect case-by-case emergency control, 
based on proof of kill.) The BLM continues to work on updating every 
District's EA and to deal with administrative appeals and Federal Court 
litigation on both sides of the issue for a program it does not 
administer. This process is an inefficient way of carrying out APHIS's 
mandate under the Animal Damage Control Act. By transferring NEPA 
compliance and decisionmaking authority to the action agency, 
administrative efficiency will be enhanced, and costs reduced.
    The following is the draft MOU on which the public may comment:
Mike Dombeck,
Acting Director.

MASTER MEMORANDUM OF UNDERSTANDING between the ANIMAL AND PLANT 
HEALTH INSPECTION SERVICE UNITED STATES DEPARTMENT OF AGRICULTURE 
and the BUREAU of LAND MANAGEMENT DEPARTMENT OF THE INTERIOR

    This MASTER MEMORANDUM OF UNDERSTANDING (MOU) is made and entered 
into by and between the UNITED STATES DEPARTMENT OF THE INTERIOR, 
BUREAU OF LAND MANAGEMENT, hereinafter referred to as the BLM, and 
UNITED STATES DEPARTMENT OF AGRICULTURE, ANIMAL AND PLANT HEALTH 
INSPECTION SERVICE, hereinafter referred to as APHIS-ADC.

I. Purpose

    The purpose of this MOU is to: (1) identify responsibilities in 
compliance with the National Environmental Policy Act (NEPA) of the 
respective agencies and foster a partnership in discharging the Federal 
obligation under the Animal Damage Control Act of March 2, 1931 (46 
Stat. 1468, 7 U.S.C. 426-426b), as amended, for the management of wild 
vertebrates causing damage on Bureau of Land Management (BLM) lands in 
accordance with the Federal Land Policy and Management Act (FLPMA) 43 
U.S.C. Section 1201 et seq.; (2) establish general guidelines to assist 
field personnel in carrying out their animal damage management (ADM) 
responsibilities consistent with the policies of BLM and APHIS-ADC; (3) 
strengthen the cooperative approach to ADM on BLM lands through 
exchange of information and mutual program support; and (4) reaffirm 
working relationships with State governments.

II. Statement of Mutual Interest and Responsibilities

    The parties recognize the importance of effective ADM on lands 
under the administrative jurisdiction of the BLM, including control of 
predation by individual animals or local populations to achieve land 
and resource management objectives. Further, it is mutually recognized 
that the tools and procedures available for managing populations must 
be used in a professional manner according to a plan developed in 
compliance with NEPA, the Endangered Species Act, Federal Land Policy 
and Management Act, and the Animal Damage Control Act.
    Both agencies have an interest in limiting damage caused by and to 
wildlife, so as to protect other multiple-use values. They also agree 
that in evaluating the need for, and in conducting ADM programs, 
multiple-use values must be considered.
    The parties also recognize that:
    A. The BLM administers public lands located primarily in the 
Western States and Alaska amounting to about 270 million acres. These 
lands and resources are managed under multiple-use principles providing 
for a variety of uses, including timber harvesting, recreation, 
livestock grazing, mining and mineral development and fish and wildlife 
habitat management under the laws of Congress and regulations of the 
Department of the Interior.
    B. The States are responsible for managing the resident wildlife 
within their respective borders on land owned by the United States, 
including lands within the jurisdiction of the BLM. For purposes of 
this agreement, the term ``wildlife'' shall not include wild horses or 
burros, as defined in Public Law 92-195 dated December 15, 1971. The 
State responsibilities include regulation of wildlife populations so 
the habitat on public lands will ensure productivity for future 
wildlife populations.
    C. The APHIS-ADC is the agency with the authority and expertise 
under the Animal Damage Control Act of March 2, 1931, as amended, and 
the Rural Development, Agriculture and Related Agencies Appropriations 
Act of 1988 for providing ADM services. This includes maintaining 
technical expertise in the science of ADC, control tools and 
techniques; conducting ADM research and management programs, and 
ensuring NEPA compliance on activities related to predator control 
primarily for livestock protection on public lands.
    TO IMPLEMENT THE FOREGOING, the parties agree as follows where BLM 
lands are involved:

III. The BLM Shall

    A. Cooperate with APHIS-ADC in the development and annual review of 
ADM plans affecting BLM lands and resources on those lands and ensure 
that they are consistent with FLPMA.
    B. Provide information to APHIS-ADC as to where control actions 
should be prohibited or restricted for public safety reasons relating 
to resource management plans conformance.
    C. When requested, provide information and assistance to APHIS-ADC 
during the NEPA process.
    D. Complete NEPA compliance for nonpredator ADM activities 
initiated by BLM to protect natural resources and facilities.

IV. The APHIS-ADC Shall

    A. Evaluate ADM needs in cooperation with State agencies and 
permittees.
    B. Develop and update ADM annual plans in cooperation with the 
appropriate State and Federal agencies, permittees, and others. 
Cooperate with the BLM to identify human safety zones and other areas 
where mitigation or restriction may be needed to comply with BLM's 
Resource Management Plans.
    C. Complete necessary NEPA documents and decision records on the 
ADM plans.
    D. Conduct ADM on BLM lands in accordance with APHIS-ADC policies, 
consistent with BLM resource management plans.
    E. Provide the BLM with technical information on recommended ADM 
tools and techniques, when requested.

V. It is Mutually Agreed By the Parties That

    A. The parties will participate, as needed, in State ADM agreements 
with the appropriate State and Federal agencies.
    B. The parties will ensure interagency coordination and review of 
the effects of predator control activities on BLM lands and resources 
before APHIS-ADC makes decisions on predator control plans.
    C. The parties will meet on a State or regional basis, as needed, 
to coordinate ADM operations. Representation shall be by the BLM State 
Director and the APHIS-ADC Regional Director, State Director of State 
Wildlife Agencies, State Department of Agriculture, and Regional 
Forester of the Forest Service or their designated representatives.
    D. The parties will elevate any problems regarding implementation 
of this agreement that cannot be resolved to the next higher level for 
resolution.
    E. Nothing in this MOU is intended to modify in any manner the 
present cooperative programs of either Agency with States, other public 
agencies, or educational institutions.
    F. This MOU shall supersede the existing MOU between APHIS-ADC and 
BLM and supplements and amendments thereto relating to the conduct of 
ADM programs by the parties.
    G. This MOU is neither a fiscal nor a funds obligation document. 
Any endeavor involving reimbursement or contribution of funds between 
the parties to this MOU will be handled in accordance with applicable 
laws, regulations, and procedures including those for Government 
procurement and printing. Such endeavors will be outlined in separate 
agreements that shall be made in writing by representatives of the 
parties and shall be independently authorized by appropriate statutory 
authority. This MOU does not provide such authority.
    H. Nothing in this memorandum shall obligate either the BLM or 
APHIS-ADC to expend appropriations or to enter in any contract or other 
obligations.
    I. All ADM programs on BLM lands will be coordinated with 
appropriate State and Federal agencies.
    This MOU may be modified or amended upon written consent of both 
parties or may be terminated with 30-day written notice of either 
party.
    A. The principal contacts for this agreement are:

Cal McCluskey, Wildlife Program Manager, Division of Wildlife & 
Fisheries, Bureau of Land Management, 1849 C Street, N.W. (LSB Rm. 
204), Washington, D.C. 20240, Phone: 202-452-7770
Donald Hawthorne, Associate Deputy Administrator, USDA Animal and Plant 
Health, Inspection Service, P.O. Box 96464, Washington, D.C. 20090, 
Phone: 202-720-2054

VI. Effective Date

    In witness whereof, the parties hereto have executed this MOU as of 
the last written date below.

U.S. Department of the Interior, Bureau of Land Management

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    Director
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    Date

U.S. Department of Agriculture, Animal and Plant Health Inspection 
Service

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    Administrator
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    Date

[FR Doc. 94-19103 Filed 8-4-94; 8:45 am]
BILLING CODE 4310-84-P