Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Proposed Rules 103761 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements E.O. 12898 

and defines EJ as, among other things, 

‘‘the just treatment and meaningful 

involvement of all people, regardless of 

income, race, color, national origin, or 

Tribal affiliation, or disability in agency 

decision-making and other Federal 

activities that affect human health and 

the environment.’’ 

The State did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

The EPA did not perform an EJ analysis 

and did not consider EJ in this action. 

Due to the nature of the action being 

taken here, if finalized, this action is 

expected to have a neutral to positive 

impact on the air quality of the affected 

area. Consideration of EJ is not required 

as part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898/14096 

of achieving environmental justice for 

communities with EJ concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Particulate matter, Sulfur oxides. 

Dated: December 10, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2024–29595 Filed 12–18–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 29 

[Docket No. FWS–HQ–NWRS–2022–0106; 

FXRS12610900000–256–FF09R20000] 

RIN 1018–BG78 

National Wildlife Refuge System; 

Biological Integrity, Diversity, and 

Environmental Health 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), withdraw the 

proposed rule (proposal) published on 

February 2, 2024, that proposed new 

regulations addressing the biological 

integrity, diversity, and environmental 

health (BIDEH) of the National Wildlife 

Refuge System (Refuge System) and 

updates to the existing BIDEH policy. 

The Service has determined that 

withdrawing the proposal is justified 

based on the significant number of 

public comments received, the 

complexity of the substantive comments 

received and the issues involved, as 

well as the requests from the public for 

further opportunities to review and 

engage with the Service on the 

substance of this proposal. With this 

action, the existing BIDEH policy 

remains in effect. 

DATES: The proposed rule that 

published on February 2, 2024 (89 FR 

7345), is withdrawn on December 19, 

2024. 

ADDRESSES: The February 2, 2024, 

proposed rule, proposed updates to the 

existing BIDEH policy, and the 

comments received are available at 

https://www.regulations.gov in Docket 

No. FWS–HQ–NWRS–2022–0106. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Harrigan, (703) 358–2440, 

katherine_harrigan@fws.gov. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 2, 2024, the Service 

published in the Federal Register (89 

FR 7345) a proposed rule to adopt new 

regulations to ensure that the biological 

integrity, diversity, and environmental 

health (BIDEH) of the Refuge System are 

maintained, and where appropriate, 

restored and enhanced, in accordance 

with the National Wildlife Refuge 

System Improvement Act of 1997 

(Improvement Act; Pub. L. 105–57). In 

addition, the Service proposed updates 

to the existing BIDEH policy, which was 

available for public comment in the 

proposed rule’s docket on https://

www.regulations.gov. These proposed 

regulations and policy revisions were 

intended to support conservation 

throughout the Refuge System in 

response to both longstanding and 

contemporary conservation challenges, 

including the universal and profound 

effects of climate change on refuge 

species and ecosystems. 

The National Wildlife Refuge System 

is the only network of Federal lands and 

waters in the United States dedicated to 

fish and wildlife conservation and, at 

more than 850 million acres, the largest 

system of its kind in the world. The 

National Wildlife Refuge System 

Administration Act of 1966 

(Administration Act; 16 U.S.C. 668dd– 

668ee), as amended by the Improvement 

Act, is the primary statutory authority 

under which the Secretary of the 

Interior, acting through the Service, 

administers the Refuge System. The 

Alaska National Interest Lands 

Conservation Act of 1980 (16 U.S.C. 

3111–3126), the Wilderness Act of 1964 

(16 U.S.C. 1131–1136), and various 

other statutes also provide direction and 

authority for refuge management. The 

implementing regulations for the 

Administration Act are found in title 50 

of the Code of Federal Regulations at 

subchapter C. 

The Improvement Act established the 

mission of the Refuge System to 

administer a national network of lands 

and waters for the conservation, 

management, and where appropriate, 

restoration of fish, wildlife, and plant 

resources and their habitats within the 

United States for the benefit of present 

and future generations of Americans (16 

U.S.C. 668dd(a)(2)). The Improvement 

Act sets forth policy direction, 

management standards, and 

stewardship requirements for 

administering the more than 570 

national wildlife refuges in the Refuge 

System; prioritizing conservation while 

ensuring public access to compatible, 

wildlife-dependent recreational 

opportunities; and ensuring effective 

coordination with adjacent landowners 

and State fish and wildlife agencies. The 

Improvement Act states that each refuge 

must be managed to fulfill both the 

Refuge System mission and the specific 


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103762 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Proposed Rules 

purposes for which that refuge was 

established (16 U.S.C. 668dd(a)(3)(A)). It 

additionally requires that, in 

administering the Refuge System, the 

Secretary shall ensure that the biological 

integrity, diversity, and environmental 

health of the Refuge System are 

maintained for the benefit of present 

and future generations of Americans (16 

U.S.C. 668dd(a)(4)(B)). 

The Improvement Act is recognized as 

a visionary legislative charter for 

managing a system of wildlife reserves 

in part due to its mandate to ensure 

BIDEH. The terms comprising the 

BIDEH mandate are grounded in 

conservation biology and demonstrate 

congressional intent to conserve Refuge 

System fish, wildlife, plants, and 

habitats in accordance with the latest 

scientific understanding. This directive 

for a comprehensive, science-based 

approach to refuge management is 

critical to ensuring that imperiled 

species and diverse wildlife populations 

in North America are secure and 

thriving and are sustained by a network 

of healthy lands and waters. Therefore, 

as the Refuge System becomes 

increasingly vital to addressing the dual 

threats of biodiversity loss and climate 

change, the Service recognized the need 

to codify, clarify, and update its 

interpretation of the BIDEH mandate to 

better equip refuges in responding to 

these and other anthropogenic stressors. 

Reasons for Withdrawal of the Proposal 

On February 2, 2024, the Service 

published in the Federal Register (89 

FR 7345) proposed new regulations and 

proposed revisions to the policy to 

ensure that the BIDEH of the Refuge 

System are maintained, and where 

appropriate, restored and enhanced, in 

accordance with the Improvement Act. 

The public comment period on the 

proposed rule and proposed policy 

revisions was extended from 30 days to 

a total of 90 days (see 89 FR 7345, 

February 2, 2024; 89 FR 15806, March 

5, 2024) due to significant public 

interest and requests for an extension to 

the original comment period. 

More than 200,000 individuals 

commented on the BIDEH proposed rule 

and revised policy in a total of more 

than 50,500 public comment 

submissions. Of these comments, 

approximately 150 lengthy, substantive 

comment letters were received from 

State and Tribal partners, environmental 

organizations, sporting groups, 

agricultural and animal welfare 

interests, and other stakeholders. We 

received approximately 150,000 

combined signatures from comment 

campaigns, many of which also 

included unique substantive comments, 

organized by various organizations 

regarding specific topics in the 

proposed rule. 

The substantive comments received 

addressed a broad scope of issues in the 

BIDEH proposal and demonstrated the 

complexity of the topics addressed in 

the proposal. The commenters 

highlighted a myriad of multifaceted 

subjects and suggested modifications to 

a variety of provisions. Based on the 

extensive public comments we received 

on the proposed rule, the complexity of 

the topics they covered, and new 

information not previously considered, 

it is the Service’s sound professional 

judgment that any final rule would 

require revisions that go beyond the 

logical outgrowth of the original 

proposal. Therefore, the Service has 

determined that the best course of 

action is to withdraw the entirety of the 

February 2, 2024, proposed rule and 

policy revision as discussed further 

below. 

While the majority of the comments 

were generally supportive of many 

fundamental concepts contained in the 

proposed BIDEH rule, they expressed 

various views on the proposal’s framing 

and approach. For example, overall, the 

commenters conveyed an understanding 

and appreciation of the need to address 

climate change and use best available 

science, although they provided a 

variety of opinions on the specifics and 

how science should be applied. The 

concept of improving habitat 

connectivity also tended to garner 

support, along with suggestions for 

bolstering such provisions, although 

this concept generated some concerns 

from economic and industry interests. 

Other concepts, such as deference to 

natural processes, appeared to generate 

some confusion, indicating the need for 

additional explanation or revisions to 

the proposal for clarity. 

Many of the comment letters 

contained complicated implementation 

questions or concerns with refuge 

management capacity and perceived 

administrative and financial burdens, 

which were raised across the spectrum 

of stakeholders. Some of these 

commenters interpreted the BIDEH 

proposal as requiring a separate BIDEH 

determination process for all refuge 

management decisions alongside 

existing processes. Many commenters 

expressed concerns that implementation 

of the BIDEH proposal would place 

unnecessary administrative burdens on 

managers of national wildlife refuges 

that would require time and resources 

the Service does not have, especially if 

the proposal required the completion of 

new documentation. The Service 

received requests from commenters for 

further coordination with States, 

partners, and other stakeholders 

regarding the content and application of 

the proposal. 

The intent of the BIDEH proposal has 

been to rely on the use of existing 

processes (comprehensive conservation 

planning, compatibility determinations, 

and actions to comply with the National 

Environmental Policy Act) to implement 

the proposed policy and regulations. In 

reviewing these comments, the Service 

understands the concern raised by 

commenters about a lack of clarity 

within the proposal regarding the 

specific implementation process for 

ensuring BIDEH. However, because 

refuge management decisions and 

actions are not one-size-fits-all, the 

Service did not intend to be overly 

prescriptive about implementation 

processes through the revised BIDEH 

policy or proposed regulations. 

Therefore, the Service acknowledges the 

need to provide guidance both 

internally and externally explaining 

how BIDEH will be considered through 

existing processes. While this level of 

detail regarding implementation would 

not be prudent to include in a final rule 

for this proposal, it warrants further 

consideration to ensure an appropriate 

approach that promotes public support 

and facilitates on-the-ground 

application. 

The provisions of the proposal that 

garnered the most complex and 

disparate views from commenters were 

those addressing specific management 

activities (such as agricultural use and 

predator control) on refuge lands. The 

differing viewpoints included many 

calls either to further restrict or 

alternatively to liberalize the 

application of these management 

practices. The controversy raised by 

these comments stemmed primarily 

from differing views on how rigid or 

flexible refuge management tools ought 

to be: Some favor more flexibility, while 

others seek stricter control of actions on 

refuges. The range of comments the 

Service received on these topics relied 

on a variety of sources, including peerreviewed science, best practices, 

industry standards, and field 

experience. These comments 

demonstrate some of the issues that 

require further communication and 

coordination with partners and 

stakeholders to ensure greater 

understanding of the Service’s intent 

before the finalization of any BIDEH 

proposal. 

For the reasons provided above, we 

are withdrawing the proposed rule that 

published on February 2, 2024 (89 FR 

7345). The existing policy in part 601 of 


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Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Proposed Rules 103763 

the Service Manual at 601 FW 3 remains 

in effect. 

Authority 

The authority for this action is the 

National Wildlife Refuge System 

Administration Act of 1966 (16 U.S.C. 

668dd–668ee), as amended by the 

National Wildlife Refuge System 

Improvement Act of 1997 (Pub. L. 105– 

57). 

Shannon Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2024–29236 Filed 12–18–24; 8:45 am] 

BILLING CODE 4333–15–P 


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