National Environmental Policy Act Revised Implementing Procedures

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

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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