[Federal Register Volume 63, Number 147 (Friday, July 31, 1998)]
[Notices]
[Pages 40928-40932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20458]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Announcement of Draft Policy on the National Wildlife Refuge 
System and Compensatory Mitigation Under the Section 10/404 Program

AGENCY: Fish and Wildlife Service.

ACTION: Announcement of draft policy; request for public comments.

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SUMMARY: The U.S. Fish and Wildlife Service announces a draft policy on 
the National Wildlife Refuge System and Compensatory Mitigation under 
the Section 10/404 program. This policy establishes national guidelines 
regarding the use of the National Wildlife Refuge System for 
compensatory mitigation requirements for water resource development 
projects authorized by the Department of the Army under Section 404 of 
the Clean Water Act and Section 10 of the Rivers and Harbors Act. The 
purpose is to provide guidance to Service personnel when evaluating 
whether a National Wildlife Refuge should be considered as a site for 
wetland restoration, enhancement, or creation to replace wetlands lost 
to dredge and fill impacts authorized by a Section 10/404 permit.
    The Service generally will not allow compensatory mitigation on 
National Wildlife Refuge System lands because these lands are already 
targeted for restoration and the Service will be restoring these lands 
in the future. However, the Service recognizes that under some limited 
and exceptional circumstances, compensatory mitigation on a National 
Wildlife Refuge may be appropriate. The Service will not support the 
use of National Wildlife Refuge System lands for establishment of 
mitigation banks. If compatible activities occurring on a National 
Wildlife Refuge require compensatory mitigation, this mitigation must 
occur within the boundaries of the National Wildlife Refuge being 
affected and must meet specific criteria. The Service may accept 
mitigation banks or mitigation projects as additions to the National 
Wildlife Refuge System subject to specific criteria. Where habitats 
have already been protected or restored under other Federal programs 
designed to increase the Nation's wetlands, the Service will not 
recommend, support, or advocate the use of such lands as compensatory 
mitigation, including mitigation banks, for habitat losses authorized 
under Section 10/404.

DATES: Comments from all interested parties must be received by 
September 29, 1998.

ADDRESSES: Send any comments or material concerning the Draft Policy on 
the National Wildlife Refuge System and Compensatory Mitigation under 
the Section 10/404 program to the Chief, Division of Habitat 
Conservation, U.S. Fish and Wildlife Service, 400 ARLSQ, Washington, DC 
20240. Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Dr. Benjamin N. Tuggle, Chief, U.S. 
Fish and Wildlife Service, Division of Habitat Conservation, Telephone 
(703) 358-2161 or facsimile (703) 358-1869, or Dr. Richard A. Coleman, 
Chief, U.S. Fish and Wildlife Service, Division of Refuges, Telephone 
(703) 358-1744.

SUPPLEMENTARY INFORMATION:

Background

    The national goal of no net loss of wetlands recognizes the 
importance and the special significance of wetlands to a variety of 
functions and values including water quality, flood damage reduction, 
groundwater recharge, and reduced sedimentation. Further, wetlands are 
some of the most important habitats for fish and wildlife resources on 
the landscape. The Service strongly supports and contributes to this 
national goal by helping to reduce wetland losses, restoring lost or 
degraded wetlands, and protecting valuable wetlands by bringing them 
into the National Wildlife Refuge System.
    The Service manages over 92 million acres of land and water within 
the National Wildlife Refuge System and there are National Wildlife 
Refuges in all 50 States. The mission of the National Wildlife Refuge 
System is to administer a national network of lands and waters for the 
conservation, management, and where appropriate, restoration of the 
fish, wildlife, and plant resources and their habitats within the 
United States for the benefit of present and future generations of 
Americans. Although the Service may allow refuge uses, when determined 
to be compatible, such as wildlife dependent recreation, the National 
Wildlife Refuge System was established and is being managed first and 
foremost for fish, wildlife, and plant conservation.
    At times, the Service has acquired lands that have been disturbed 
by past human activities. As such, some National Wildlife Refuges 
contain degraded fish and wildlife habitat. The Service has been asked 
if these degraded habitats could be used as potential mitigation sites 
for habitat losses that occur outside the National Wildlife Refuge 
System. Historically, the Service has discouraged the use of National 
Wildlife Refuge System lands for compensatory mitigation (replacement 
of or substitution for resource losses that compensate for project 
impacts) because the Service is authorized to restore degraded habitats 
within the National Wildlife Refuge System and will be restoring these 
lands in the future, irrespective of off-Refuge development activities.
    The Service recognizes that allowing compensatory mitigation on a 
National Wildlife Refuge could result in some resource gains on Service 
lands. However, targeting the National Wildlife Refuge System for such 
purposes could result in significant resource losses outside the Refuge 
boundary. The policy provides guidance to Service personnel when 
determining whether, or under what circumstances, the Service would 
allow the National Wildlife Refuge System to be used for compensatory 
mitigation under the Section 10/404 Program.

Draft Policy on the National Wildlife Refuge System and 
Compensatory Mitigation Under the Section 10/404 Permit Program

Part I. Purpose

    This establishes national policy of the U.S. Fish and Wildlife 
Service related to the National Wildlife Refuge System and compensatory 
mitigation requirements for water resource development activities 
administered by the Department of the Army under Section 404 of the 
Clean Water Act and Section 10 of the Rivers and Harbors Act. The 
purpose of the policy is to provide guidance to Service personnel when 
evaluating whether a National Wildlife Refuge should be considered as a 
site for wetland restoration, enhancement, or creation to replace 
wetlands lost to dredge and fill operations authorized by a Section 10/
404 permit.
    The mission of the National Wildlife Refuge System is to administer 
a national network of lands and waters for

[[Page 40929]]

the conservation, management, and where appropriate, restoration of the 
fish, wildlife, and plant resources and their habitats within the 
United States for the benefit of present and future generations of 
Americans. These Refuges were established for the restoration, 
preservation, development, and management of wildlife and wildlands 
habitat; for the protection and preservation of endangered or 
threatened species and their habitat; and for the management of 
wildlife and wildlands to obtain the maximum benefits from these 
resources (50 CFR 25.11(b)).
    Management measures to obtain fish, wildlife, and ecological 
benefits from National Wildlife Refuge lands will occur regardless of 
other activities authorized under the Section 10/404 program. Under the 
Service's Mitigation Policy, appropriate and practicable compensatory 
mitigation is required for unavoidable adverse impacts on fish and 
wildlife resources, resulting from development projects, which remain 
after all appropriate and practicable minimization actions have been 
taken.
    The Service provides recommendations for compensatory mitigation 
using the Clean Water Act, Section 404(b)(1) guidelines, the Fish and 
Wildlife Coordination Act, the National Environmental Policy Act, and 
the U.S. Fish and Wildlife Services' Mitigation Policy. These 
authorities and guidance documents state that net biological impacts 
shall be determined by comparing the environmental conditions with the 
project in place (the ``with-project conditions'') versus the 
environmental conditions without the project (the ``without-project 
conditions''). Wetland and habitat restoration activities on National 
Wildlife Refuge System lands will proceed independent of off-Refuge 
water resource development activities. Therefore, on-Refuge restoration 
activities are part of the environmental conditions that would occur 
without the water resource development project. As such, allowing 
wetland restoration activities to occur on National Wildlife Refuge 
System lands, as compensatory mitigation for off-Refuge impacts 
pursuant to Section 10/404, would result in an overall net loss of 
wetlands.

Part 2. Definitions

    The following definitions apply for the purposes of this policy.
    Appropriate. The determination of what level of mitigation 
constitutes appropriate is based on the comparison between the 
functions and values of the aquatic resources that will be impacted and 
the potential of the proposed creation, restoration, enhancement, and/
or preservation at the mitigation site to replace the lost functions 
and values after subtracting the baseline functions and values of the 
mitigation site.
    Compensatory mitigation is the full replacement of project-induced 
losses to fish and wildlife resources, provided such full replacement 
is consistent with the appropriate mitigation planning goal. (U.S. Fish 
and Wildlife Service Mitigation Policy, Manual Chapter 501 FW 2).
    Direct Effects are caused by the action and occur at the same time 
and place. (CEQ NEPA regulations; 40 CFR Sec. 1508.8(a)).
    Director means the Director of the United States Fish and Wildlife 
Service.
    Fish and wildlife resources means birds, fish, mammals, and all 
other classes of wild animals and all types of aquatic and land 
vegetation upon which wildlife is dependent (U.S. Fish and Wildlife 
Service Mitigation Policy, Manual Chapter 501 FW 2).
    Habitat means the area which provides direct support for a given 
species, population, or community. It includes all environmental 
features that comprise an area such as air quality, water quality, 
vegetation and soil characteristics and water supply, including both 
surface and groundwater. (U.S. Fish and Wildlife Service Mitigation 
Policy, Manual Chapter 501 FW 2).
    Indirect Effects are caused by the action and are later in time or 
farther removed in distance, but are still reasonably foreseeable (CEQ 
NEPA regulations; 40 CFR Sec. 1508.8(b)).
    Minimize means to reduce to the smallest practicable amount or 
degree. (U.S. Fish and Wildlife Service Mitigation Policy, Manual 
Chapter 501 FW 2).
    Mitigation includes: (a) Avoiding the impact altogether by not 
taking a certain action or parts of an action; (b) minimizing impacts 
by limiting the degree or magnitude of the action and its 
implementation; (c) rectifying the impact by repairing, rehabilitating, 
or restoring the affected environment; (d) reducing or eliminating the 
impact over time by preservation and maintenance operations during the 
life of the action; and (e) compensating for the impact by replacing or 
providing substitute resources or environments.'' (CEQ NEPA 
regulations; 40 CFR 1508.20(a-e)).
    Mitigation banking is habitat protection or improvements conducted 
expressly for the purpose of compensating for unavoidable losses in 
advance of authorized impacts to similar resources (U.S. Fish and 
Wildlife Service Mitigation Policy, Manual Chapter 501 FW 2).
    National Wildlife Refuge means a designated area of land, water or 
an interest in land or water within the National Wildlife Refuge 
System, but does not include Coordination Areas. (National Wildlife 
Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee: 80 
Stat. 927), as amended.
    National Wildlife Refuge System means all lands, waters, and 
interests administered by the U.S. Fish and Wildlife Service as 
wildlife refuges, areas for the protection and conservation of fish and 
wildlife species threatened with extinction, wildlife ranges, game 
ranges, wildlife management areas, or waterfowl production areas, and 
other areas for the protection and conservation of fish and wildlife. 
(National Wildlife Refuge System Administration Act of 1966; 16 U.S.C. 
668dd-668ee: 80 Stat. 927 as amended.
    Practicable means capable of being done within existing 
constraints. The test of what is practicable depends on the situation 
and includes consideration of the pertinent factors, such as 
environment, cost, or technology (U.S. Fish and Wildlife Service 
Mitigation Policy, Manual Chapter 501 FW 2).
    Project means any action, planning or approval process relating to 
an action that will directly or indirectly affect fish and wildlife 
resources. (U.S. Fish and Wildlife Service Mitigation Policy, Manual 
Chapter 501 FW 2).
    Purposes of the refuge means the purposes specified in or derived 
from law, proclamation, executive order, agreement, public land order, 
donation document, or administrative memorandum establishing, 
authorizing, or expanding a refuge, refuge unit, or refuge subunit. 
(National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd-668ee: 80 Stat. 927), as amended.

Part 3. Compensatory Mitigation on National Wildlife Refuge System 
Lands

    The Service will not allow compensatory mitigation for habitat 
losses that occur through the Section 10/404 program to be implemented 
on lands and waters within the National Wildlife Refuge System except 
under limited and exceptional circumstances. The criteria for 
considering compensatory mitigation within the National Wildlife Refuge 
System are as follows:
    (a) the proposed water resource development project, including the 
mitigation plan, is consistent with the Section 404(b)(1) guidelines, 
has undergone all appropriate sequencing

[[Page 40930]]

for avoidance and minimization of impacts, and is consistent with the 
Fish and Wildlife Service's Mitigation Policy (Manual Chapter 501 FW 
2); and
    (b) the proposed mitigation plan supports the mission of the 
National Wildlife Refuge System, is compatible with the purposes for 
which the Refuge was established, and is consistent with an approved 
Comprehensive Conservation Plan or other current management plans for 
the Refuge; and
    (c) the mitigation plan would result in significantly increased 
natural resource benefits when compared to other appropriate, off-site 
mitigation options as determined by the Ecological Services Field 
Office supervisor and the Refuge Manager; and
    (d) the mitigation plan is written to ensure the Service is under 
no obligation to provide compensatory mitigation on any National 
Wildlife Refuge System lands in the future; and
    (e) the Regional Director recommends the mitigation plan to the 
Director for approval.

Part 4. Mitigation Banks on National Wildlife Refuge System Lands

    The Service will not support the use of National Wildlife Refuge 
System lands for establishment of mitigation banks pursuant to 
compensatory mitigation authorized by the Section 10/404 program. The 
Service may accept mitigation banks as additions to a unit of the 
National Wildlife Refuge System under the following conditions:
    (a) The mitigation bank is directly related to the purposes for 
which the Refuge was established and is consistent with an approved 
Comprehensive Conservation Plan or other current management plans for 
the Refuge, as determined by the Refuge Manager; and
    (b) is consistent with the mitigation banking agreement as 
determined by the appropriate Ecological Services Field Office 
supervisor; and
    (c) the project sponsor fully funds the transfer, management, and 
protection of the mitigation bank/project as outlined in the ``Federal 
Guidance for the Establishment, Use, and Operation of Mitigation Banks, 
II. E. Long-Term Management, Monitoring, and Remediation'' (60 FR 
58605); and
    (d) if the Service elects to accept a mitigation bank, the bank 
must be an established, functioning wetland and the mitigation bank 
sponsor must ensure that all success criteria have been met in 
accordance with the approved mitigation plan. The bank sponsor must 
withdraw or forfeit all mitigation credits prior to acquisition by the 
Service. The Regional Director may grant exceptions to the policy 
requirement that all mitigation credits must be withdrawn or forfeited 
prior to acquisition by the Service. If the Service elects to accept a 
mitigation bank before all credits are withdrawn, the project sponsor 
must be responsible for meeting the criteria in the mitigation banking 
agreement and must remain accountable for the mitigation credits.
    (e) the Regional Director must approve the addition of a mitigation 
bank to a National Wildlife Refuge. If acquisition is beyond the 
authorized acquisition boundary and exceeds the current acreage 
limitations, the Director must provide final approval.

Part 5. Compensatory Mitigation for Direct Effects on National Wildlife 
Refuge System Lands

    In circumstances where activities occurring within a National 
Wildlife Refuge require compensatory mitigation, the mitigation must 
occur on the National Wildlife Refuge being directly affected by the 
activity. The activity must first have been determined to be 
compatible. Under no circumstances can an activity which has been 
determined to be incompatible be allowed in exchange for compensatory 
mitigation.
    Every effort must be made to avoid and minimize the effects before 
compensatory mitigation is applied. Further, mitigation activities must 
support the mission of the National Wildlife Refuge System; must be 
compatible with the purposes of the refuge and the Refuge System 
mission; must be authorized by and be subject to, the terms and 
conditions of a Special Use Permit issued by the Refuge manager; and 
must be coordinated with the appropriate Ecological Services Office 
supervisor.

Part 6. Lands Protected by Other Federal Wetland Programs

    Where habitats are protected or restored under other Federal 
programs designed to increase the Nation's wetlands, the Service will 
not recommend, support, or advocate the use of such lands as 
compensatory mitigation, including mitigation banks, for habitat losses 
authorized under Section 10/404. This includes Federal programs that 
protect or restore fish and wildlife habitats on private agricultural 
lands, and includes, but is not limited to, easement areas associated 
with inventory and debt restructure properties under the Food Security 
Act, lands protected or restored for conservation purposes under fee 
title transfers, lands protected by a habitat management agreement, or 
habitats protected by programs authorized by the Consolidated Farm and 
Rural Development Act, as amended, and the Food Security Act of 1985, 
as amended.

Part 7. Scope of the Policy

A. Coverage
    This policy applies to all lands and waters within the National 
Wildlife Refuge System pursuant to compensatory mitigation requirements 
authorized under Section 404 of the Clean Water Act and Section 10 of 
the Rivers and Harbors Act. The policy does not apply to existing 
mitigation agreements with the Service in effect at the time of policy 
issuance.
    The policy extends to Federal programs that increase the Nation's 
wetlands or protect fish and wildlife habitats on private lands. This 
includes wetlands protected or restored by programs authorized by the 
Food Security Act of 1985, as amended, and the Consolidated Farm and 
Rural Development Act, as amended.
B. Exclusions
    The policy does not apply to public lands and waters administered 
by other government agencies nor is it intended to provide guidance to 
Service personnel when evaluating compensatory mitigation proposals on 
other public lands.
    This policy does not apply to conservation measures to protect or 
restore threatened or endangered species. The Endangered Species Act of 
1973, as amended and accompanying regulations at 50 CFR parts 17, 402, 
and 424 outline the mitigation requirements for threatened and 
endangered species.

Part 8. Responsibilities

    Regional Directors are responsible for ensuring compliance with 
this policy.
Public Comments Solicited
    The Service requests comments on the Draft Policy on the National 
Wildlife Refuge System and Compensatory Mitigation under the Section 
10/404 Program. The Service is particularly interested in comments on 
the criteria for allowing compensatory mitigation to occur within the 
National Wildlife Refuge System (Part 3a-e, Part 5). In addition, the 
Service is requesting comments on any cultural, economic, or other 
impacts this policy may have on regulated entities, government 
agencies, Tribes, or the public.
    The Service will consider any comments and additional information 
received within 60 days from the date of this publication. To ease 
review and consideration of submitted comments, the Service prefers 
that reviewers

[[Page 40931]]

organize their comments by Part (e.g., Part 1. Purpose, Part 2. 
Definitions, etc).
Author/Editor
    The author/editor of this document is Mark Bagdovitz, U.S. Fish and 
Wildlife Service, Division of Habitat Conservation (see ADDRESSES 
section).

Part 9. Authorities

    This policy is established in accordance with the following major 
authorities:
    Fish and Wildlife Act of 1956 (16 U.S.C. 742(a)-754). This Act 
authorizes the development and distribution of fish and wildlife 
information to the public, the Congress, and the President; and the 
development of policies and procedures that are necessary and desirable 
to carry out the laws relating to fish and wildlife.
    Fish and Wildlife Coordination Act (16 U.S.C. 661-667(e)); This Act 
authorizes the U.S. Fish and Wildlife Service, the National Marine 
Fisheries Service, and the State agencies responsible for fish and 
wildlife resources to investigate all proposed Federal undertakings and 
non-Federal actions needing a Federal permit or license which would 
impound, divert, deepen, or otherwise control or modify a stream or 
other body of water and to make mitigation and enhancement 
recommendations to the involved Federal agency.
    Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-
1009); This Act allows the Secretary of the Interior to make surveys, 
investigation, and ``* * * prepare a report with recommendations 
concerning the conservation and development of wildlife resources on 
small watershed projects.''
    National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347). 
This Act and its implementing regulations (40 CFR part 1500-1508) 
requires that the U.S. Fish and Wildlife Service be notified of all 
major Federal actions affecting fish and wildlife resources and their 
views and recommendations solicited. In addition, the Act provides that 
the Congress authorize and directs that, to the fullest extent 
possible, all agencies of the Federal Government identify and develop 
methods and procedures which will ensure that presently unquantified 
environmental values may be given appropriate consideration in decision 
making along with economic and technical considerations.
    National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd-668ee: 80 Stat. 927), as amended. This Act states that the 
mission of the National Wildlife Refuge System is to administer a 
national network of lands and waters for the conservation, management, 
and where appropriate, restoration of the fish, wildlife, and plant 
resources and their habitats within the United States for the benefit 
of present and future generations of Americans. The Act requires, among 
other things, the Secretary of the Interior: to maintain the biological 
integrity, diversity, and environmental health of the National Wildlife 
Refuge System; to develop comprehensive conservation plans for National 
Wildlife Refuges; and not to initiate or permit a new use of a refuge 
or expand, renew, or extend an existing use of a refuge, unless the use 
has been determined to be compatible.

Part 10. Record of Compliance

    The Record of Compliance certifies that this rule-making action 
complies with the various statutory, Executive Order, and Department of 
the Interior requirements that are applicable to rulemakings.
    1. Regulatory Planning and Review. This policy is a significant 
regulatory action and has been reviewed by the Office of Management and 
Budget under Executive Order 12866.
    a. Since this policy only affects lands and activities within the 
National Wildlife Refuge System and is consistent with current Service 
practice, the Service does not anticipate an increase in economic 
effects associated with the proposed policy. This policy will not have 
an annual economic effect of $100 million or adversely affect an 
economic sector, productivity, jobs, the environment, or other units of 
government. A cost-benefit and economic analysis is not required 
because of small acreage involved.
    b. This policy has the potential to create inconsistencies with 
other agencies' actions. Although the proposed policy only affects 
lands and activities within the National Wildlife Refuge System, it 
could establish precedent for other land management agencies.
    c. This proposed policy will not materially affect entitlements, 
grants, user fees, loan programs, or the rights and obligations of 
their recipients since the policy only applies to lands and activities 
within the National Wildlife Refuge System.
    d. This is a new policy that is intended to provide national 
consistency regarding compensatory mitigation and the applicability of 
National Wildlife Refuge System lands. The policy was developed to be 
consistent with the National Wildlife Refuge System Administration Act 
of 1966 as amended, the U.S. Fish and Wildlife Service's Mitigation 
Policy (1981), and current agency practice.
    2. Regulatory Flexibility Act. I certify that this policy will not 
have a significant economic effect on a substantial number of small 
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.). An initial Regulatory Flexibility Analysis is not required. 
Accordingly, a Small Entity Compliance Guide is not required.
    3. Small Business Regulatory Enforcement Fairness Act. The Office 
of Management and Budget has determined that this policy is not a major 
rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement 
Fairness Act. This policy:
    a. Does not have an annual effect on the economy of $100 million or 
more since this policy will only affect lands and activities within the 
National Wildlife Refuge System and is consistent with current Service 
practice;
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions since this policy only affects lands 
and activities within the National Wildlife Refuge System; and
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises since 
this policy only affects lands and activities within the National 
Wildlife Refuge System.
    4. Unfunded Mandates Reform Act. In accordance with the Unfunded 
Mandates Reform Act (2 U.S.C. 1501, et seq.):
    a. This policy will not ``significantly or uniquely'' affect small 
governments. This policy will not affect other governments since it 
only applies to lands and activities within the National Wildlife 
Refuge System. A Small Government Agency Plan is not required.
    b. This policy will not produce a Federal mandate of $100 million 
or greater in any year therefore, it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act.
    5. Takings. In accordance with Executive Order 12630, the policy 
does not have significant takings implications. This policy will not 
result in takings since it only applies to lands and activities within 
the National Wildlife Refuge System. Private property will not be 
affected by this policy. A takings implication assessment is not 
required.

[[Page 40932]]

    6. Federalism. In accordance with Executive Order 12612, the policy 
does not have significant Federalism effects. This policy will not 
affect other governments since it only applies to lands and activities 
within the National Wildlife Refuge System. This policy will not affect 
small governments. A Federalism assessment is not required.
    7. Civil Justice Reform. In accordance with Executive Order 12988, 
the Office of the Solicitor has determined that the policy does not 
unduly burden the judicial system and meets the requirements of 
sections 3(a) and 3(b)(2) of the Order.
    8. Paperwork Reduction Act. This regulation does not require any 
information collection under the Paperwork Reduction Act.
    9. National Environmental Policy Act. We have analyzed this policy 
in accordance with the criteria of the National Environmental Policy 
Act and 318 DM 2.2(g) and 6.3(D). This policy does not constitute a 
major Federal action significantly affecting the quality of the human 
environment. An environmental impact statement/assessment is not 
required.
    10. Government-to-Government Relationship with Tribes. We have 
evaluated possible effects on Federally recognized Indian tribes in 
accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2. We have determined there are 
no effects on Federally recognized Indian tribes since it only applies 
to lands and activities within the National Wildlife Refuge System.

    Dated: April 6, 1998.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 98-20458 Filed 7-30-98; 8:45 am]
BILLING CODE 4310-55-P