[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