[Federal Register Volume 69, Number 79 (Friday, April 23, 2004)]
[Notices]
[Page 22028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9046]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7650-8]


Draft Federal Guidance on the Use of Off-Site and Out-of-Kind 
Compensatory Mitigation Under Section 404 of the Clean Water Act

AGENCY: Environmental Protection Agency (EPA); National Oceanic and 
Atmospheric Administration (NOAA), Commerce; U.S. Army Corps of 
Engineers (USACE), Defense; U.S. Fish and Wildlife Service (USFWS), 
Interior; Natural Resources Conservation Service (NRCS), Agriculture; 
Department of Transportation.

ACTION: Notice of availability to review and comment.

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SUMMARY: In accordance with the National Mitigation Action Plan signed 
in December of 2002 by the Environmental Protection Agency, Department 
of Commerce, Department of Defense, Department of the Interior, 
Department of Agriculture, and Department of Transportation, the 
Federal Interagency Mitigation Workgroup (FIMW) has prepared Draft 
Federal Guidance on the Use of Off-Site and Out-of-Kind Compensatory 
Mitigation Under Section 404 of the Clean Water Act (Site/Kind 
Guidance). The Site/Kind Guidance provides direction for the 
application of existing regulations and policies to decisions about the 
appropriate use of off-site and out-of-kind compensatory mitigation 
within the context of the Clean Water Act Section 404 permitting 
program.

DATES: In order to be considered, comments must be postmarked or e-
mailed on or before May 24, 2004.

ADDRESSES: Comments may be submitted electronically, by mail, or by 
hand delivery/courier. E-mail comments to [email protected]. 
Please put ``Site/Kind Comments'' in the Subject Line and include your 
comments as an attachment to the e-mail in either Word or Wordperfect 
format. Mail or hand deliver/courier comments to: Susan-Marie Stedman, 
F/HC Room 14102, NOAA Fisheries, 1315 East-West Highway, Silver Spring, 
MD 20910.

FOR FURTHER INFORMATION CONTACT: Mitigation Action Plan Web site at 
http://www.mitigationactionplan.gov or contact either Palmer Hough, 
U.S. Environmental Protection Agency, Wetlands Division (4502T), 1200 
Pennsylvania Avenue, NW., Washington, DC 20460, phone: (202) 566-1374, 
e-mail: [email protected], Alan Miller, U.S. Army Corps of 
Engineers, 441 G Street, NW., Washington, DC 20314-1000, phone: (202) 
761-7763, e-mail: [email protected], or Susan-Marie 
Stedman, National Oceanic and Atmospheric Administration, National 
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 
20910, phone: (301) 713-2325, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Reports published in 2001 by the National 
Academy of Sciences (NAS) and the General Accounting Office (GAO) 
provided a critical evaluation of the effectiveness of wetlands 
compensatory mitigation for authorized losses of wetlands and other 
waters under Section 404 of the CWA. Section 404 regulates discharges 
of dredged and fill materials into waters of the United States and 
requires compensatory mitigation for unavoidable impacts. The 
independent analyses and other commentaries highlighted a number of 
shortfalls and identified a variety of technical, programmatic, and 
policy recommendations for the Federal agencies, States, and other 
involved parties.
    An interagency team drafted the National Mitigation Action Plan 
endorsing the goal of no net loss of wetlands and outlining specific 
action items that address the concerns of the NAS, GAO, and other 
independent evaluations. The 17 actions, with various agency leads, 
address areas of concern, including collection and availability of 
data, clarifying performance standards, improving accountability, and 
integrating mitigation into the watershed approach. Development of 
Site/Kind Guidance is one of these action items. A preliminary draft of 
the Site/Kind Guidance was reviewed by participants at a July 2003 
stakeholder forum held in Portland, Oregon, that brought together a 
diverse group of individuals representing the regulated community, 
environmental organizations, academia, non-governmental organizations, 
and mitigation providers. The preliminary draft has been revised based 
on comments received at that stakeholder forum. The FIMW is seeking 
additional public review before finalizing the guidance. Please note 
that comments, including names and street addresses of respondents, are 
available for public review in a docket.
    Copies of the Draft Site/Kind Guidance are available at the 
Mitigation Action Plan Web site at http://www.mitigationactionplan.gov 
(click on ``Status of Action Items'' and locate and click on ``On-site/
Off-site and In-kind/Out-of-kind Draft Guidance'' in the summary 
table). A printed copy of the draft guidance can be obtained by 
contacting: Susan-Marie Stedman, F/HC Room 14102, NOAA Fisheries, 1315 
East-West Highway, Silver Spring MD 20910.

    Dated: April 15, 2004.
Benjamin H. Grumbles,
Acting Assistant Administrator for Water.
[FR Doc. 04-9046 Filed 4-22-04; 8:45 am]
BILLING CODE 6560-50-P