[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Notices]
[Pages 51580-51585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14352]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Memorandum of Understanding Between the U.S. Department of 
Defense and the U.S. Fish and Wildlife Service To Promote the 
Conservation of Migratory Birds

AGENCY: Department of Defense.

ACTION: Notice.

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SUMMARY: This notice announces a public notice of the signing of a 
Memorandum of Understanding (MOU) between the U.S. Department of 
Defense and the U.S. Fish and Wildlife Service to Promote the 
Conservation of Migratory Birds. Pursuant to Executive Order 13186 
(January 17, 2001), ``Responsibilities of Federal Agencies to Protect 
Migratory Birds,'' this MOU outlines a collaborative approach to 
promote the conservation of migratory bird populations. This MOU 
identifies specific activities where cooperation between the Parties 
will contribute substantially to the conservation of migratory birds 
and their habitats. It does not authorize the ``take'' of migratory 
birds. Take, as defined in 50 CFR 10.12, includes the pursuit, hunting, 
shooting, wounding, killing, trapping, capturing, collecting, or 
attempting to pursue, hunt, shoot, wound, kill, trap, capture, or 
collect.
    The complete text of the MOU is attached.

Effective Dates: This notice is effective August 30, 2006. The MOU is 
effective July 31, 2006 and shall remain effective for a period of five 
years.

FOR FURTHER INFORMATION CONTACT: Peter Boice, 703-704-0524.

SUPPLEMENTARY INFORMATION: The notice is required by Section 3(g) of 
Executive Order 13186 which states ``Each agency shall advise the 
public of the availability of its MOU through a notice published in the 
Federal Register.''

    Dated: August 24, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer, DoD.

Memorandum of Understanding Between the U.S. Department of Defense and 
the U.S. Fish and Wildlife Service To Promote the Conservation of 
Migratory Birds

    This Memorandum of Understanding (MOU) is entered into between the 
U.S. Department of Defense (DoD) and the U.S. Fish and Wildlife Service 
(FWS) (hereinafter ``the Parties'').

 A. Purpose and Scope

    Pursuant to Executive Order 13186 (January 17, 2001), 
Responsibilities of Federal Agencies to Protect Migratory Birds, this 
MOU outlines a collaborative approach to promote the conservation of 
migratory bird populations.
    This MOU does not address incidental take during military readiness 
activities, which is being addressed in a rulemaking in accordance with 
section 315 of the National Defense Authorization Act for Fiscal Year 
2003 (Pub. L. 107-314, 116 Stat. 2458).
    This MOU specifically pertains to the following categories of DoD 
activities:
    (1) Natural resource management activities, including, but not 
limited to, habitat management, erosion control, forestry activities, 
agricultural

[[Page 51581]]

outleasing, conservation law enforcement, invasive weed management, and 
prescribed burning;
    (2) Installation support functions, including but not limited to, 
the maintenance, construction or operation of administrative offices, 
military exchanges, road construction, commissaries, water treatment 
facilities, storage facilities, schools, housing, motor pools, non-
tactical equipment, laundries, morale, welfare, and recreation 
activities, shops, landscaping, and mess halls;
    (3) Operation of industrial activities;
    (4) Construction or demolition of facilities relating to these 
routine operations; and
    (5) Hazardous waste cleanup.
    This MOU identifies specific activities where cooperation between 
the Parties will contribute substantially to the conservation of 
migratory birds and their habitats. This MOU does not authorize the 
take of migratory birds.

B. Authorities

    The Parties' responsibilities under the MOU are authorized by 
provisions of the following laws:

Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 
410hh-3233).
Bald and Golden Eagle Protection Act of 1940 (16 U.S.C. 668-668d).
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Fish and Wildlife Act of 1956 (16 U.S.C. 742 et seq.).
Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2901-2911).
Fish and Wildlife Coordination Act (16 U.S.C. 661-667).
Migratory Bird Conservation Act (16 U.S.C. 715-715d, 715e, 715f-715r).
Migratory Bird Treaty Act (16 U.S.C. 703-711).
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347).
Sikes Act Improvement Act of 1997 (16 U.S.C. 670a-670o).

    Agreements to limit encroachments and other constraints on military 
training, testing, and operations (10 U.S.C. 2684a)

C. Background

    The Parties have a common interest in the conservation and 
management of America's natural resources. The Parties agree that 
migratory birds are important components of biological diversity and 
that the conservation of migratory birds will both help sustain 
ecological systems and help meet the public demand for conservation 
education and outdoor recreation, such as wildlife viewing and hunting 
opportunities. The Parties also agree that it is important to: (1) 
Focus on bird populations; (2) focus on habitat restoration and 
enhancement where actions can benefit specific ecosystems and migratory 
birds dependent upon them; and (3) recognize that actions taken to 
benefit some migratory bird populations may adversely affect other 
migratory bird populations.
    The DoD mission is to provide for the Nation's defense. DoD's 
conservation program works to ensure continued access to land, air, and 
water resources for realistic military training and testing while 
ensuring that the natural and cultural resources entrusted to DoD's 
care are sustained in a healthy condition.
    The DoD is an active participant in international bird conservation 
partnerships including Partners in Flight (PIF) and the North American 
Bird Conservation Initiative (NABCI). Military lands frequently provide 
some of the best remaining habitat for migratory bird species of 
concern, and DoD plans to continue its leadership role in bird 
conservation partnerships.
    Through the PIF initiative, DoD works in partnership with numerous 
Federal and State agencies and nongovernmental organizations for the 
conservation of migratory and resident birds and to enhance migratory 
bird survival. Through DoD PIF, a list of species of concern (see 
Definitions) has been developed for each Bird Conservation Region where 
DoD facilities occur, thus improving DoD's ability to evaluate any 
migratory bird conservation concerns on respective DoD lands.
    Integrated Natural Resources Management Plans (INRMPs) offer a 
coordinated approach for incorporating habitat conservation efforts 
into installation management. INRMPs are a significant source of 
baseline conservation information and conservation initiatives used 
when preparing National Environmental Policy Act (NEPA) documents for 
all DoD management activities. This linkage helps to ensure that 
appropriate conservation and mitigation measures are identified in NEPA 
documents and committed to, when appropriate, in final decision 
documents.
    The DoD PIF program provides a framework for incorporating 
landbird, shorebird and waterbird habitat management efforts into 
INRMPs. DoD's strategy focuses on inventorying and long-term monitoring 
to determine changes in migratory bird populations on DoD 
installations. Effective on-the-ground management may then be applied 
to those areas identified as having the highest conservation value. 
DoD's PIF goal is to support the military's training and testing 
mission while being a vital and supportive partner in regional, 
national, and international bird conservation initiatives. DoD strives 
to implement cooperative projects and programs on military lands to 
benefit the health and well-being of birds and their habitats, whenever 
possible.
    The Department of Defense implements bird inventories and 
monitoring programs in numerous ways including Monitoring Avian 
Productivity and Survivorship (MAPS) and Next Generation Radar (NEXRAD) 
for studying bird movements in the atmosphere. DoD also maintains an 
integrated pest management (IPM) program designed to reduce the use of 
pesticides to the minimum necessary.
    The mission of the FWS is to work with others to conserve, protect, 
manage, and enhance fish, wildlife, plants, and their habitats for the 
continuing benefit of the American people. The FWS is legally mandated 
to implement the provisions of the Migratory Bird Treaty Act (MBTA), 
which include responsibilities for population management (e.g., 
monitoring), habitat protection (e.g., acquisition, enhancement, and 
modification), international coordination, and regulation development 
and enforcement. The FWS also promotes migratory bird conservation 
through its coordination and consultation efforts with other entities.
    Many FWS programs are involved in bird conservation activities, 
including:
    1. The Division of Migratory Bird Management and Regional Migratory 
Birds and Habitat Programs serve as focal points in the United States 
for policy development and strategic planning, developing and 
implementing monitoring and management initiatives that help maintain 
healthy populations of migratory birds and their habitat, and providing 
continued opportunities for citizens to enjoy bird-related recreation.
    2. The Division of Bird Habitat Conservation is instrumental in 
supporting habitat conservation partnerships through the administration 
of bird conservation grant programs and development of Joint Ventures 
that serve as major vehicles for implementing the various bird 
conservation plans across the country.
    3. Ecological Services Field Offices across the country serve as 
the primary contacts for environmental reviews that include, when 
requested, projects developed by local military installations and DoD 
regional offices involving

[[Page 51582]]

migratory bird issues. The Field Offices coordinate with the Regional 
Migratory Bird Offices, as necessary, during these reviews regarding 
permits and overall migratory bird conservation coordination for DoD 
activities.
    4. The Office of Law Enforcement is the principal FWS program that 
enforces the legal provisions of the MBTA.
    The Parties agree this MOU shall be implemented to the extent 
permitted by law and in harmony with agency missions, subject to the 
availability of appropriations and budgetary limits.

D. Responsibilities

    1. Each Party shall:
    a. Emphasize an interdisciplinary, collaborative approach to 
migratory bird conservation in cooperation with other governments, 
State and Federal agencies, and non-Federal partners within the 
geographic framework of the NABCI Bird Conservation Regions
    b. Strive to protect, restore, enhance, and manage habitat of 
migratory birds, and prevent or minimize the loss or degradation of 
habitats on DoD-managed lands, by:
    (1) Identifying and avoiding management actions that have the 
potential to adversely affect migratory bird populations, including 
breeding, migration, or wintering habitats; and by developing and 
implementing, as appropriate, conservation measures that would avoid or 
minimize the take of migratory birds or enhance the quality of the 
habitat used by migratory birds.;
    (2) Working with partners to identify, conserve, and manage 
Important Bird Areas, Western Hemisphere Shorebird Reserve Network 
sites, and other significant bird conservation sites that occur on DoD-
managed lands;
    (3) Preventing or abating the pollution or detrimental alteration 
of the habitats used by migratory birds;
    (4) Developing and integrating information on migratory birds and 
their habitats into outreach and education materials and activities; 
and
    (5) Controlling the introduction, establishment, and spread of non-
native plants or animals that may be harmful to migratory bird 
populations, as required by Executive Order 13112 on Invasive Species.
    c. Work with willing landowners to prevent or minimize the loss or 
degradation of migratory bird habitats on lands adjacent or near 
military installation boundaries. This cooperative conservation may 
include:
    (1) Participating in efforts to identify, protect, and conserve 
important migratory bird habitats or other significant bird 
conservation sites and ecological conditions that occur in landscapes 
or watersheds that may be affected by activities on DoD lands;
    (2) Developing and integrating information on migratory bird 
resources found on DoD lands into other partners' outreach and 
education materials and activities; and
    (3) Using available authorities to enter into agreements with other 
Federal agencies, States, other governmental entities, and private 
conservation organizations to conserve and enhance habitat in a 
compatible manner so military operations are not restricted.
    d. Promote collaborative projects such as:
    (1) Developing or using existing inventory and monitoring programs, 
at appropriate scales, with national or regional standardized 
protocols, to assess the status and trends of bird populations and 
habitats, including migrating, breeding, and wintering birds;
    (2) Designing management studies and research projects using 
national or regional standardized protocols and programs, such as MAPS 
to identify the habitat conditions needed by applicable species of 
concern, to understand interrelationships of co-existing species, and 
to evaluate the effects of management activities on habitats and 
populations of migratory birds;
    (3) Sharing inventory, monitoring, research, and study data for 
breeding, migrating, and wintering bird populations and habitats in a 
timely fashion with national data repositories such as Breeding Bird 
Research and Monitoring Database (BBIRD), National Point Count 
Database, National Biological Information Infrastructure, and MAPS;
    (4) Working in conjunction with each other and other Federal and 
State agencies to develop reasonable and effective conservation 
measures for actions that affect migratory birds and their natural 
habitats;
    (5) Participating in or promoting the implementation of existing 
regional or national inventory and monitoring programs such as Breeding 
Bird Survey (BBS), BBIRD, Christmas Bird Counts, bird atlas projects, 
or game bird surveys (e.g., mid-winter waterfowl surveys) on DoD lands 
where practicable and feasible.
    (6) Using existing partnerships and exploring opportunities for 
expanding and creating new partnerships to facilitate combined funding 
for inventory, monitoring, management studies, and research.
    e. Provide training opportunities to DoD natural resources 
personnel on migratory bird issues, to include bird population and 
habitat inventorying, monitoring methods, and management practices that 
avert detrimental effects and promote beneficial approaches to 
migratory bird conservation.
    f. Participate in the Interagency Council for the Conservation of 
Migratory Birds to evaluate implementation of this MOU.
    g. Promote migratory bird conservation internationally, as it 
relates to wintering, breeding and migration habitats of birds that 
breed on DoD lands.
    h. Promote and undertake ecologically sound actions to curb the 
introduction in the wild of exotic or invasive species harmful to 
migratory birds.
    2. The Department of Defense shall:
    a. Follow all migratory bird permitting requirements for non-
military readiness activities that are subject to 50 CFR Parts 21.22 
(banding or marking), 21.23 (scientific collecting), 21.26 (special 
Canada goose permit), 21.27 (special purposes), or 21.41 (depredation). 
No permit is required to take birds in accordance with Parts 21.43-
21.47 (depredation orders).
    b. Encourage incorporation of comprehensive migratory bird 
management objectives in the preparation of DoD planning documents, 
including Integrated Natural Resource Management Plans, Pest Management 
Plans, Installation Master Plans, NEPA analyses, and non-military 
readiness elements of Bird Aircraft Strike Hazard documents. 
Comprehensive planning efforts for migratory birds include PIF Bird 
Conservation Plans, the North American Waterfowl Management Plan, U.S. 
Shorebird Conservation Plan, and North American Waterbird Conservation 
Plan and associated regional plans where available.
    c. Incorporate conservation measures addressed in Regional or State 
Bird Conservation Plans in INRMPs.
    d. Consistent with imperatives of safety and security, allow the 
FWS and other partners reasonable access to military lands for 
conducting sampling or survey programs such as MAPS, BBS, BBIRD, 
International Shorebird Survey, and breeding bird atlases.
    e. Prior to starting any activity that is likely to affect 
populations of migratory birds:
    (1) Identify the migratory bird species likely to occur in the area 
of the proposed action and determine if any species of concern could be 
affected by the activity;
    (2) Assess and document, through the project planning process, 
using NEPA when applicable, the effect of the proposed action on 
species of concern.

[[Page 51583]]

Use best available demographic, population, or habitat association data 
in the assessment of effects upon species of concern;
    (3) Engage in early planning and scoping with the FWS relative to 
potential impacts of a proposed action, to proactively address 
migratory bird conservation, and to initiate appropriate actions to 
avoid or minimize the take of migratory birds.
    f. Manage military lands and non-military readiness activities in a 
manner that supports migratory bird conservation, giving consideration 
to the following factors:
    (1) Habitat protection, restoration, and enhancement. Military 
lands contain many important habitats for migratory birds. Some unique, 
sensitive, endangered and/or declining habitat types that may require 
special management attention include:
    (a) Grasslands. Many native grassland communities require intensive 
management to maintain and restore vigor and species diversity and to 
provide habitat for migratory birds and other wildlife dependent on 
native grasslands. Grassland management and restoration tools include 
controlled burning, mowing, grazing, native species planting, and 
exotic plant removal. Many grasslands have evolved with a natural fire 
regime, and the management activities often emulate this fire regime.
    (b) Riparian and wetland habitats. Military lands contain riparian 
and wetland habitats that may be critical for migratory birds. DoD will 
strive to prevent the destruction or degradation of wetlands and 
riparian vegetation, and also restore those habitats, when feasible, 
where they have been degraded.
    (c) Coastal beach, salt marsh, and dune habitats. Military lands 
support some of the best remaining undisturbed coastal habitats. DoD 
will strive to protect, restore and prevent the destruction of coastal 
and island habitats that are important to breeding, migrating and 
wintering shorebirds, salt marsh land birds and colonial water birds.
    (d) Longleaf pine ecosystem. Some of the best remaining examples of 
the longleaf pine ecosystem occur on military lands. Such habitats 
benefit from prescribed fire and other management measures which DoD 
regularly implements on thousands of acres in the Southeast. The DoD 
manages and will continue to manage this ecosystem to benefit and 
promote migratory bird conservation.
    (2) Fire and fuels management practices. Fire plays an important 
role in shaping plant and animal communities and is a valuable tool in 
restoring habitats altered by decades of fire suppression. Fire 
management may include fire suppression, but also involves fire 
prevention and fuels treatment, including prescribed burning and 
monitoring, to protect communities and provide for healthy ecosystems. 
Fire management planning efforts will consider the effects of fire 
management strategies on the conservation of migratory bird 
populations.
    (3) Invasive Species and Aquatic Nuisance Species management 
practices. Invasive Species and Aquatic Nuisance Species are a threat 
to native habitats and wildlife species throughout the United States, 
including military lands. Efforts to control/contain these species must 
take into account both the impacts from invasive species and the 
effects of the control efforts on migratory bird populations. Invasive 
Species and Aquatic Nuisance Species that can threaten migratory birds 
and their habitats include, but are not limited to, exotic grasses, 
trees and weeds, terrestrial and aquatic insects and organisms, non-
native birds, and stray and feral cats.
    (4) Communications towers, utilities and energy development. 
Increased communications demands, changes in technology and the 
development of alternative energy sources result in impacts on 
migratory birds. DoD will review wind turbine and powerline guidelines 
published by FWS and the Avian Power Line Interaction Committee, 
respectively, and consult with FWS as needed, in considering potential 
effects on migratory birds of proposals for locating communications 
towers, powerlines or wind turbines on military lands. Construction of 
new utility and energy systems and associated infrastructure should be 
designed to avoid and minimize impacts on migratory bird populations. 
Existing utilities may also be considered for retrofitting to reduce 
impacts.
    (5) Recreation and public use. The demand for outdoor recreational 
opportunities on public lands is increasing. Impacts on migratory birds 
may occur both through direct and indirect disturbances by visitors and 
through agency activities associated with providing recreational 
opportunities to visitors and installation personnel and morale 
facilities (e.g., facilities construction). DoD provides access to 
military lands for recreation and other public use, such as Watchable 
Wildlife and bird watching, where such access does not compromise 
security and safety concerns or impact migratory birds, other species, 
or their habitats.
    Many conservation measures have been developed to benefit a variety 
of migratory bird species and their associated habitats. Some of these 
conservation measures may be directly applicable to DoD non-military 
readiness related activities; however, the appropriateness and 
practicality of implementing any specific conservation measure may have 
to be determined on a case-by-case basis. The FWS will work 
cooperatively with DoD in providing existing conservation measures and 
developing new ones as needed. Examples of some conservation measures 
may be found at http://www.partnersinflight.org/pubs/BMPs.htm for 
landbird species.
    g. Develop and implement new and/or existing inventory and 
monitoring programs, at appropriate scales, using national standardized 
protocols, to evaluate the effectiveness of conservation measures to 
minimize or mitigate take of migratory birds, with emphasis on those 
actions that have the potential to significantly impact species of 
concern.
    h. Advise the public of the availability of this MOU through a 
notice published in the Federal Register.
    i. In accordance with DoD INRMP guidance, promote timely and 
effective review of INRMPs with respect to migratory bird issues with 
the FWS and respective state agencies. During the INRMP review process, 
evaluate and coordinate with FWS on any potential revisions to 
migratory bird conservation measures taken to avoid or minimize take of 
migratory birds.
    3. The Fish and Wildlife Service shall:
     a. Work with DoD by providing recommendations to minimize adverse 
effects upon migratory birds from DoD actions.
    b. Through the Division of Migratory Bird Management, maintain a 
Web page on permits that provides links to all offices responsible for 
issuing permits and permit application forms for take of migratory 
birds.
    c. Provide essential background information to the DoD when 
requested to ensure sound management decisions. This may include 
migratory bird distributions, status, key habitats, conservation 
guidelines, and risk factors within each BCR. This includes updating 
the FWS publication of Birds of Conservation Concern at regular 
intervals so it can be reliably referenced.
    d. Work to identify special migratory bird habitats (i.e., 
migration corridors, stop-over habitats, ecological conditions 
important in nesting habitats) to aid in collaborative planning.
    e. Through the Ecological Service Field Office, provide to DoD, 
upon

[[Page 51584]]

request, technical assistance on migratory bird species and their 
habitats.
    f. In accordance with FWS Guidelines for Coordination with DoD and 
Implementation of the 1997 Sikes Act (2005), work cooperatively with 
DoD in the development, review and revision of INRMPs.
    g. Review and comment on NEPA documents and other planning 
documents forwarded by military installations.

E. It Is Mutually Agreed and Understood That

    1. This MOU will not change or alter requirements associated with 
the MBTA, Endangered Species Act, NEPA, Sikes Act or other statutes or 
legal authority.
    2. The responsibilities established by this MOU may be incorporated 
into existing DoD actions; however, DoD may not be able to implement 
some responsibilities identified in the MOU until DoD has successfully 
included them in formal planning processes. This MOU is intended to be 
implemented when new actions are initiated as well as during the 
initiation of new, or revisions to, INRMPs, Pest Management Plans, and 
non-military readiness elements of Bird Aircraft Strike Hazard plans. 
It does not apply to ongoing DoD actions for which a NEPA decision 
document was finalized prior to, or within 180 days of the date this 
MOU is signed.
    3. This MOU in no way restricts either Party from participating in 
similar activities with other public or private agencies, governments, 
organizations, or individuals.
    4. An elevation process to resolve any dispute between the Parties 
regarding a particular practice or activity is in place and consists of 
first attempting to resolve the dispute with the DoD military 
installation and the responsible Ecological Services Field Office. If 
there is no resolution at this level, either Party may elevate the 
issue to the appropriate officials at the applicable Military Service's 
Chain of Command and FWS Regional Offices. In the event that there is 
no resolution by these offices, the dispute may be elevated by either 
Party to the headquarters office of each agency.
    5. This MOU is neither a fiscal nor a funds obligation document. 
Any endeavor involving reimbursement, contribution of funds, or 
transfer of anything of value between the Parties 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.
    6. The Parties shall schedule periodic meetings to review progress 
and identify opportunities for advancing the principles of this MOU.
    7. This MOU is intended to improve the internal management of the 
executive branch and does not create any right or benefit, substantive 
or procedural, separately enforceable at law or equity by a party 
against the United States, its agencies or instrumentalities, its 
officers or employees, or any other person.
    8. Modifications to the scope of this MOU shall be made by mutual 
consent of the Parties, through issuance of a written modification, 
signed and dated by both Parties, prior to any changes.
    9. Either Party may terminate this instrument, in whole or in part, 
at any time before the date of expiration by providing the other Party 
with a written statement to that effect.
    The principal contacts for this instrument are as follows:

Brian Millsap, Chief, Division of Migratory Bird Management, U.S. Fish 
and Wildlife Service, 4401 N. Fairfax Drive, MS4107, Arlington, VA 
22203.
L. Peter Boice, Conservation Team, Leader, Office of the Secretary of 
Defense, 1225 S. Clark St., Suite 1500, Arlington, VA 22202-4336.

    This MOU is executed as of the last date signed below and expires 
no later than five (5) years thereafter, at which time it is subject to 
review and renewal, or expiration.

F. Definitions

    Action--a program, activity, project, official policy, rule, 
regulation or formal plan directly carried out by DoD, but not a 
military readiness activity.
    Breeding Biology Research and Monitoring Database (BBIRD)--
national, cooperative program that uses standardized field 
methodologies for studies of nesting success and habitat requirements 
of breeding birds (http://pica.wru.umt.edu/BBIRD/).
    Breeding Bird Survey (BBS)--a standardized international survey 
that provides information on population trends of breeding birds, 
through volunteer observations located along randomly selected roadside 
routes in the United States, Canada and Mexico (http://www.mbr-pwrc.usgs.gov/bbs/bbs.html).
    Bird Conservation Region--a geographic unit used to facilitate bird 
conservation actions under the North American Bird Conservation 
Initiative (http://www.manomet.org/USSCP/bcrmaps.html).
    Birds of Conservation Concern--published by the FWS Division of 
Migratory Bird Management, refers to the list of migratory and non-
migratory birds of the United States and its territories that are of 
conservation concern. The current version of the list Birds of 
Conservation Concern 2002 is available at (http://migratorybirds.fws.gov/reports/bcc2002.pdf).
    Comprehensive Planning Efforts for Migratory Birds--includes 
Partners in Flight, North American Waterfowl Management Plan, U.S. 
Shorebird Conservation Plan, Western Hemisphere Shorebird Reserve 
Network, North American Waterbird Conservation Plan, and other planning 
efforts integrated through the North American Bird Conservation 
Initiative.
    Conservation Measure--an action undertaken to improve the 
conservation status of one or more species of migratory birds. Examples 
include surveys and inventories, monitoring, status assessments, land 
acquisition or protection, habitat restoration, population 
manipulation, research, and outreach.
    Conservation Planning--strategic and tactical planning of agency 
activities for the long-term conservation of migratory birds and their 
habitats.
    Council for the Conservation of Migratory Birds--an interagency 
council established by the Secretary of the Interior to oversee the 
implementation of Executive Order 13186.
    Ecological Condition--the composition, structure, and processes of 
ecosystems over time and space. This includes the diversity of plant 
and animal communities, the productive capacity of ecological systems 
and species diversity, ecosystem diversity, disturbance processes, soil 
productivity, water quality and quantity, and air quality. Often 
referred to in terms of ecosystem health, which is the degree to which 
ecological factors and their interactions are reasonably complete and 
functioning for continued resilience, productivity, and renewal of the 
ecosystem.
    Effect (adverse or beneficial)--``effects'' and ``impacts,'' as 
used in this MOU are synonymous. Effects may be direct, indirect, or 
cumulative, and refer to effects from management actions or categories 
of management actions on migratory bird populations, habitats, 
ecological conditions and/or significant bird conservation sites.

[[Page 51585]]

    Important Bird Areas (IBAs)--a network of sites that provide 
essential habitat for the long-term conservation of birds. In the 
United States, the IBA network is administered by the American Bird 
Conservancy and the National Audubon Society. (http://www.audubon.org/nird/iba/)
    Integrated Natural Resources Management Plan (INRMP)--an integrated 
plan based, to the maximum extent practicable, on ecosystem management 
that shows the interrelationships of individual components of natural 
resources management (e.g., fish and wildlife, forestry, land 
management, outdoor recreation) to military mission requirements and 
other land use activities affecting an installation's natural 
resources. INRMPs are required for all DoD installations with 
significant natural resources, pursuant to the Sikes Act Improvement 
Act.
    International Shorebird Survey--a monitoring program started in 
1974 to survey shorebirds (sandpipers, plovers, etc.) across the 
Western Hemisphere. (http://www.manomet.org/programs/shorebirds).
    Management Action--an activity by a government agency that could 
cause a positive or negative impact on migratory bird populations or 
habitats. Conservation measures to mitigate potential negative effects 
of actions may be required.
    Migratory Bird--any bird listed in 50 CFR 10.13, Code of Federal 
Regulations.
    Military Readiness Activity--all training and operations of the 
Armed Forces that relate to combat, including but not limited to the 
adequate and realistic testing of military equipment, vehicles, weapons 
and sensors for proper operation and suitability for combat use.
    Monitoring Avian Productivity and Survivorship (MAPS)--a program 
that uses the banding of birds during the breeding season to track the 
changes and patterns in the number of young produced and the 
survivorship of adults and young (http://www.birdpop.org/maps.htm).
    National Environmental Policy Act (NEPA)--a Federal statute that 
requires Federal agencies to prepare a detailed analysis of the 
environmental impacts of a proposed action and alternatives, and to 
include public involvement in the decision making process for major 
Federal actions significantly affecting the quality of the human 
environment 42 U.S.C. 4321, et seq.
    North American Bird Conservation Initiative (NABCI)--an initiative 
to align the avian conservation community to implement bird 
conservation through regionally-based, biologically driven, landscape-
oriented partnerships across the North American continent. NABCI 
includes Federal agencies of Canada, Mexico and the United States, as 
well as most landbird, shorebird, waterbird, and waterfowl conservation 
initiatives (http://www.nabci-us.org).
    North American Waterbird Conservation Plan--a partnership of 
Federal and State government agencies, non-governmental organizations, 
and private interests focusing on the conservation of waterbirds, 
primarily including marshbirds and inland, coastal, and pelagic 
colonial waterbirds (www.nacwcp.org/pubs/). The vision of the 
partnership is that the distribution, diversity and abundance of 
populations and breeding, migratory, and nonbreeding waterbirds are 
sustained throughout the lands and waters of North America, Central 
America, and the Caribbean.
    North American Waterfowl Management Plan--a partnership of Federal 
and State agencies, non-governmental organizations, and private 
interests focusing on the restoration of waterfowl populations through 
habitat restoration, protection, and enhancement (http://birdhabitat.fws.gov/NAWMP/nawmphp.htm).
    Partners in Flight (PIF)--a cooperative partnership program of more 
than 300 partners including Federal and State government agencies, non-
governmental organizations, conservation groups, foundations, 
universities and industry focusing on the conservation of landbirds. 
DoD was an original signatory to the PIF Federal Agencies' MOA. (http://www.partnersinflight.org and http://www.dodpif.org).
    Species of Concern--refers to those species listed in the periodic 
report Birds of Conservation Concern; priority migratory bird species 
documented in the comprehensive bird conservation plans (North American 
Waterbird Conservation Plan, U.S. Shorebird Conservation Plan, Partners 
in Flight Bird Conservation Plans); species or populations of waterfowl 
identified as high, or moderately high, continental priority in the 
North American Waterfowl Management Plan; listed threatened and 
endangered bird species in 50 CFR 17.11; and MBTA listed game birds 
below desired population sizes.
    Take--as defined in 50 CFR 10.12, to include pursue, hunt, shoot, 
wound, kill, trap, capture, collect, or to attempt to pursue, hunt, 
shoot, wound, kill, trap, capture, or collect.
    U.S. Shorebird Conservation Plan--an effort undertaken by a 
partnership of Federal and State government agencies, as well as non-
governmental and private organizations to ensure that stable and self-
sustaining populations of all shorebird species are restored and 
protected (http://www.fws.gov/shorebird).
    The Parties hereto have executed this agreement as of the date 
shown below.

Signed: July 7, 2006.

H. Dale Hall,

Director, U.S. Fish and Wildlife Service.

Signed: July 31, 2006.

Alex Albert Beehler,

Assistant Deputy Under Secretary of Defense (Environment, Safety and 
Occupational Health), U.S. Department of Defense.

[FR Doc. E6-14352 Filed 8-29-06; 8:45 am]
BILLING CODE 5001-06-P