40928 Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 / Notices

Washington

Land-Port Hadlock Detachment

Naval Ordnance Center Pacific Division

Port Hadlock Co: Jefferson WA 98339–

Landholding Agency: Navy

Property Number: 779640019

Status: Underutilized

Reason: Within 2000 ft. of flammable or

explosive material, Secured Area

[FR Doc. 98–20159 Filed 7–30–98; 8:45 am]

BILLING CODE 4210–29–M

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.

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
Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 / Notices 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

§ 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 § 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
40930 Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 / Notices

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
Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 / Notices 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.
40932 Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 / Notices

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-toGovernment 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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA–010–1220–00]

Meeting of the Central California

Resource Advisory Council

AGENCY: Bureau of Land Management,

Department of the Interior.

ACTION: Meeting of the Central

California Resource Advisory Council.

SUMMARY: Pursuant to the authorities in

the Federal Advisory Committee Act

(Public Law 92–463) and the Federal

Land Policy and Management Act of

1976 (sec. 309), the Bureau of Land

Management Resource Advisory

Council for Central California will meet

in Galt, California.

DATES: August 7–8, 1998.

ADDRESSES: Consumnes River Preserve

Visitor Center, 13501 Franklin

Boulevard, Galt, California.

SUPPLEMENTARY INFORMATION: The 12

member Central California Resource

Advisory Council is appointed by the

Secretary of the Interior to advise the

Bureau of Land Management on public

land issues. The Council meetings will

begin at 8 a.m. both Friday and

Saturday, August 7 and 8, 1998. Agenda

items will include a status report on

standards and guidelines for grazing on

federal lands so as to maintain healthy

rangeland; a report on the problem of

invasive weeds and how to control

them; a review of the BLM land

exchange program and a discussion of

the status of management plans for

various BLM managed lands; and a tour

of the Cosumnes River Preserve. A

public comment period is scheduled for

1 p.m., Saturday, August 8, when

anyone may address the Council about

any public land issue. Written

comments will also be accepted at the

address below.

FOR FURTHER INFORMATION CONTACT:

Larry Mercer, Public Affairs Officer,

Bureau of Land Management, 3801

Pegasus Drive, Bakersfield, CA 93308,

telephone 805–391–6010.

Dated: July 24, 1998.

Stephen Larson,

Acting Field Office Manager.

[FR Doc. 98–20452 Filed 7–30–98; 8:45 am]

BILLING CODE 4310–40–M

INTERNATIONAL TRADE

COMMISSION

[Inv. No. 337–TA–412]

Certain Video Graphics Display

Controllers and Products Containing

Same; Notice of Investigation

AGENCY: U.S. International Trade

Commission.

ACTION: Institution of investigation

pursuant to 19 U.S.C. 1337.

SUMMARY: Notice is hereby given that a

compliant was filed with the U.S.

International Trade Commission on July

1, 1998, under section 337 of the Tariff

Act of 1930, as amended, 19 U.S.C.

1337, on behalf of Cirrus Logic, Inc.,

3100 West Warren Avenue, Fremont,

California 94538. The complaint alleges

violations of section 337 in the

importation into the United States, the

sale for importation and the sale within

the United States after importation of

certain video graphics display

controllers and products containing

same by reason of infringement of

claims 37 and 43 of U.S. Letters Patent

5,598,525. The complaint further alleges

that there exists an industry in the

United States as required by subsection

(a)(2) of section 337.

The complaint requests that the

Commission institute an investigation

and, after a hearing, issue a permanent

exclusion order and a permanent cease

and desist order.

ADDRESSES: The complaint, except for

any confidential information contained

therein, is available for inspection

during official business hours (8:45 a.m.

to 5:15 p.m.) in the Office of the

Secretary, U.S. International Trade

Commission, 500 E Street, S.W., Room

112, Washington, D.C. 20436, telephone

202–205–2000. Hearing-impaired

individuals are advised that information

on this matter can be obtained by

contacting the Commission’s TDD

terminal on 202–205–1810. Persons

with mobility impairments who will

need special assistance in gaining access

to the Commission should contact the

Office of the Secretary at 202–205–2000.

General information concerning the

Commission may also be obtained by

accessing its Internet server (http://

www.usitc. gov).

FOR FURTHER INFORMATION CONTACT:

Thomas S. Fusco, Esq., Office of Unfair

Import Investigations, U.S. International

Trade Commission, telephone 202–205–

2571.

Authority: The authority for institution of

this investigation is contained in section 337

of the Tariff Act of 1930, as amended, and

in section 210.10 of the Commission’s Rules

of Practice and Procedure, 19 CFR 210.10

(1996).

SCOPE OF INVESTIGATION: Having

considered the complaint, the U.S.

International Trade Commission, on

July 27, 1998, Ordered That—

(1) Pursuant to subsection (b) of

section 337 of the Tariff Act of 1930, as

amended, an investigation be instituted

to determine whether there is a

violation of subsection (a)(1)(B) of

section 337 in the important into the

United States, the sale for importation,

or the sale within the United States after

importation of certain video graphics

display controllers or products

containing same by reason of

infringement of claims 37 or 43 of U.S.

Letter Patent 5,598,525, and whether

there exists an industry in the United

States as required by subsection (a)(2) of

section 337.