19308 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices

Total Estimated Burden Hours: 938.

Status: Revision of a currently

approved collection.

Contact: Sonya K. Suarez, HUD, (202)

708–2884; Joseph F. Lackey, Jr., OMB,

(202) 395–7316.

The Department has submitted the

proposal for the collection of

information to OMB for emergency

review, as required by the Paperwork

Reduction Act (44 U.S.C. Chapter 35).

May 2, 1996 is requested for OMB

approval.

Authority: Section 3507 of the Paperwork

Reduction Act of 1995, 44 U.S.C. Chapter 35,

as amended.

Dated: April 24, 1996.

David S. Cristy,

Director, IRM Policy and Management

Division.

[FR Doc. 96–10688 Filed 4–30–96; 8:45 am]

BILLING CODE 4210–01–M

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).

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
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices 19309

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.
19310 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices

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,
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices 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 ι15.614), 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
19312 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices

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 Statemanaged 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 rightof-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 ‘‘loweffect’’ 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.]
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices 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

Fish and Wildlife Service

Notice of Receipt of Applications for

Permit

The following applicants have

applied for a permit to conduct certain

activities with endangered species. This

notice is provided pursuant to Section

10(c) of the Endangered Species Act of

1973, as amended (16 U.S.C. 1531, et

seq.):

PRT–814235

Applicant: David Zellmer, Libertyville, IL.

The applicant requests a permit to

import the sport-hunted trophy of one

male bontebok (Damaliscus pygargus

dorcas) culled from a captive herd

maintained under the management

program of the Republic of South Africa,

for the purpose of enhancement of the

survival of the species.

PRT–814091

Applicant: Oliver London, Golden Valley,

MN.

The applicant requests a permit to

import the sport-hunted trophy of one

male bontebok (Damaliscus pygargus

dorcas) culled from a captive herd

maintained by African Bush Safaris for

the purpose of enhancement of the

survival of the species.

PRT–814097

Applicant: University of New Mexico,

Albuquerque, NM.

The applicant requests a permit to

import blood samples collected from

wild caught Galapagos penguins

(Spheniscus mendicules) in the

Galapagos Islands, for the purpose of

scientific research.

PRT–814085

Applicant: The Field Museum of Natural

History, Chicago, IL.

The applicant requests a permit to

import 1 weasel lemur (Lepilemur

ruficaudatus), 10 mouse lemurs

(Microcebus murinus), 1 mouse lemur

(Microcebus myoxinus), and 2 mouse

lemurs (Microcebus spp.), dead wild

caught and salvaged specimens from the

Department of Water and Forests,

Madagascar, for the purpose of scientific

research.

Written data or comments should be

submitted to the Director, U.S. Fish and

Wildlife Service, Office of Management

Authority, 4401 North Fairfax Drive,

Room 430, Arlington, Virginia 22203

and must be received by the Director

within 30 days of the date of this

publication.

Documents and other information

submitted with these applications are

available for review, subject to the

requirements of the Privacy Act and

Freedom of Information Act, by any

party who submits a written request for

a copy of such documents to the

following office within 30 days of the

date of publication of this notice: U.S.

Fish and Wildlife Service, Office of

Management Authority, 4401 North

Fairfax Drive, Room 430, Arlington,

Virginia 22203. Phone: (703/358–2104);

FAX: (703/358–2281).

Dated: April 26, 1996.

Mary Ellen Amtower,

Acting Chief, Branch of Permits, Office of

Management Authority.

[FR Doc. 96–10759 Filed 4–30–96; 8:45 am]

BILLING CODE 4310–55–P

Bureau of Indian Affairs

Receipt of Petition for Federal

Acknowledgment of Existence as an

Indian Tribe

This is published in the exercise of

authority delegated by the Secretary of

the Interior to the Assistant Secretary—

Indian Affairs by 209 DM 8.

Pursuant to 25 CFR 83.9(a) (formerly

25 CFR 54.8(a)) notice is hereby given

that the Apalachee Indian Tribe, 220

Stovall Road, Alexandria, Louisiana

71303, has filed a petition for

acknowledgment by the Secretary of the

Interior that the group exists as an

Indian tribe. The petition was received

by the Bureau of Indian Affairs (BIA) on

January 22, 1996, and was signed by

members of the group’s governing body.

This is a notice of receipt of petition

and does not constitute notice that the

petition is under active consideration.

Notice of active consideration will be

sent by mail to the petitioner and other

interested parties at the appropriate

time.

Under Section 83.9(a) (formerly

54.8(d)) of the Federal regulations,

interested parties may submit factual

and/or legal arguments in support of or

in opposition to the group’s petition.

Any information submitted will be

made available on the same basis as

other information in the BIA’s files.

Such submissions will be provided to

the petitioner upon receipt by the BIA.

The petitioner will be provided an

opportunity to respond to such

submissions prior to a final

determination regarding the petitioner’s

status.

The petition may be examined, by

appointment, in the Department of the

Interior, Bureau of Indian Affairs,

Branch of Acknowledgment and

Research, Room 1362–MIB, 1849 C

Street, N.W., Washington, D.C. 20240,

Phone: (202) 208–3592.

Dated: February 29, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–10680 Filed 4–30–96; 8:45 am]

BILLING CODE 4310–02–P

Receipt of Petition for Federal

Acknowledgment of Existence as an

Indian Tribe

This is published in the exercise of

authority delegated by the Secretary of

the Interior to the Assistant Secretary—

Indian Affairs by 209 DM 8.

Pursuant to 25 CFR 83.9(a) (formerly

25 CFR 54.8(a)) notice is hereby given

that the Apalachee Indians of Louisiana,

259 Libuse Cutoff Road, Pineville,

Louisiana 71360, has filed a petition for

acknowledgment by the Secretary of the

Interior that the group exists as an

Indian tribe. The petition was received

by the Bureau of Indian Affairs (BIA) on

February 5, 1996, and was signed by

members of the group’s governing body.

This is a notice of receipt of petition

and does not constitute notice that the

petition is under active consideration.

Notice of active consideration will be

sent by mail to the petitioner and other

interested parties at the appropriate

time.

Under Section 83.9(a) (formerly

54.8(d)) of the Federal regulations,

interested parties may submit factual

and/or legal arguments in support of or

in opposition to the group’s petition.

Any information submitted will be

made available on the same basis as

other information in the BIA’s files.

Such submissions will be provided to

the petitioner upon receipt by the BIA.

The petitioner will be provided an

opportunity to respond to such

submissions prior to a final

determination regarding the petitioner’s

status.

The petition may be examined, by

appointment, in the Department of the

Interior, Bureau of Indian Affairs,

Branch of Acknowledgment and

Research, Room 1362–MIB, 1849 C

Street, N.W., Washington, D.C. 20240,

Phone: (202) 208–3592.