81_FR_26903 81 FR 26817 - Candidate Conservation Agreements With Assurances Policy

81 FR 26817 - Candidate Conservation Agreements With Assurances Policy

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 86 (May 4, 2016)

Page Range26817-26825
FR Document2016-10479

We, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services when referring to both, and Service when referring to when the action is taken by one agency), announce proposed revisions to the Candidate Conservation Agreements with Assurances policy under the Endangered Species Act of 1973, as amended. We propose to add a definition of ``net conservation benefit'' to this policy and to eliminate references to the confusing requirement of ``other necessary properties'' to clarify the level of conservation effort each agreement needs to include in order for the Service to approve an agreement. In a separate document published in today's Federal Register, the U.S. Fish and Wildlife Service is proposing changes to its regulations regarding Candidate Conservation Agreements with Assurances to make them consistent with these proposed changes to the policy.

Federal Register, Volume 81 Issue 86 (Wednesday, May 4, 2016)
[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Notices]
[Pages 26817-26825]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10479]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket Nos. FWS-HQ-ES-2015-0177 and 160223138-6138-01; FF09E40000 156 
FXES11150900000]
RIN 1018-BB08; 0648-BF79


Candidate Conservation Agreements With Assurances Policy

AGENCIES:  U.S. Fish and Wildlife Service (FWS), Interior; National 
Marine Fisheries Service (NMFS), Commerce.

ACTION: Announcement of draft revised policy and solicitation of public 
comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service and the National Marine 
Fisheries Service (Services when referring to both, and Service when 
referring to when the action is taken by

[[Page 26818]]

one agency), announce proposed revisions to the Candidate Conservation 
Agreements with Assurances policy under the Endangered Species Act of 
1973, as amended. We propose to add a definition of ``net conservation 
benefit'' to this policy and to eliminate references to the confusing 
requirement of ``other necessary properties'' to clarify the level of 
conservation effort each agreement needs to include in order for the 
Service to approve an agreement. In a separate document published in 
today's Federal Register, the U.S. Fish and Wildlife Service is 
proposing changes to its regulations regarding Candidate Conservation 
Agreements with Assurances to make them consistent with these proposed 
changes to the policy.

DATES: We will accept comments that we receive on or before July 5, 
2016. Comments submitted electronically using the Federal eRulemaking 
Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern 
Time on the closing date.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. In 
the Search box enter the Docket number for the draft policy, which is 
FWS-HQ-ES-2015-0177. You may enter a comment by clicking on ``Comment 
Now!'' Please ensure that you have found the correct document before 
submitting your comment.
     U.S. mail or hand delivery: Public Comments Processing, 
Attn: Docket No. FWS-HQ-ES-2015-0177; Division of Policy, Performance, 
and Management Programs; U.S. Fish and Wildlife Service; 5275 Leesburg 
Pike; MS: BPHC; Falls Church, VA 22041.

We will post all comments on http://www.regulations.gov. This generally 
means that we will post any personal information you provide us (see 
Request for Information, below, for more information).

FOR FURTHER INFORMATION CONTACT: Jim Serfis, U.S. Fish and Wildlife 
Service, Chief, Branch of Conservation and Communications, U.S. Fish 
and Wildlife Service Headquarters, MS: ES, 5275 Leesburg Pike, Falls 
Church, VA 22041-3803 (telephone 703-358-2171); or Angela Somma, 
National Marine Fisheries Service, Chief, Endangered Species 
Conservation Division, Office of Protected Resources, 1315 East-West 
Highway, Silver Spring, MD 20910 (telephone 301-427-8403, facsimile 
301-713-0376). Persons who use a telecommunications device for the deaf 
may call the Federal Information Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Fish and Wildlife Service (FWS) and the National Marine 
Fisheries Service (NMFS) are charged with implementing the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (ESA or Act); 
among the purposes of the ESA are to provide a means to conserve the 
ecosystems upon which species listed as endangered or threatened depend 
and a program for listed species conservation. Through the Candidate 
Conservation program, one of the Services' goals is to encourage the 
public to implement specific conservation measures for declining 
species prior to them being listed under the ESA. The cumulative 
outcome of such conservation measures may result in not needing to list 
a species, or may result in listing a species as threatened instead of 
endangered and provide the basis for its recovery and eventual removal 
from the protections of the ESA. The Services put in place a voluntary 
conservation program for non-Federal property owners to help accomplish 
this goal: Candidate Conservation Agreements with Assurances (CCAAs). 
The policy for this type of agreement was finalized on June 17, 1999 
(64 FR 32726), along with implementing regulations for FWS in part 17 
of title 50 of the Code of Federal Regulations (CFR) (64 FR 32706). The 
FWS revised the CCAA regulations in 2004 (69 FR 24084; May 2, 2004) to 
make them easier to understand and implement by defining ``property 
owner,'' and clarifying several points, including the transfer of 
permits, permit revocation, and advanced notification of take.
    To participate in a CCAA, non-Federal property owners agree to 
implement specific conservation measures on their land that reduce or 
eliminate threats to the species that are covered under the agreement. 
An ESA section 10(a)(1)(A) enhancement of survival permit is issued to 
the agreement participant providing a specific level of incidental take 
coverage should the property owner's agreed-upon conservation measures 
and routine property management actions (e.g., agricultural, ranching, 
or forestry activities) result in take of the covered species if 
listed. Property owners receive assurances that they will not be 
required to undertake any other conservation measures than those agreed 
to, even if new information indicates that additional or revised 
conservation measures are needed for the species, and they will not be 
subject to additional resource use or land use restrictions.
    Under the current policy, to approve a CCAA we must ``determine 
that the benefits of the conservation measures implemented by a 
property owner under a CCAA, when combined with those benefits that 
would be achieved if it is assumed that conservation measures were also 
to be implemented on other necessary properties, would preclude or 
remove any need to list the covered species.'' The hypothetical concept 
of conservation measures needing to be implemented on ``other necessary 
properties'' has caused confusion, and therefore we are clarifying and 
revising the CCAA standard to require a net conservation benefit to the 
covered species specifically on the property to be enrolled and 
eliminating references to ``other necessary properties.''

Proposed Revisions to Candidate Conservation Agreements With Assurances 
Policy

    Based on our experience reviewing and approving CCAAs over the past 
16 years, we are proposing changes to the policy that will clarify the 
level of conservation effort each agreement needs to include in order 
for the Service to approve an agreement. We are proposing the following 
changes to the policy primarily to (a) address confusion regarding the 
existing CCAA approval requirements (standards) and (b) make CCAAs more 
consistent with Safe Harbor Agreement requirements, because these 
agreements have similar purposes, which are to provide a conservation 
benefit to the covered species while providing assurances to non-
Federal property owners:
    (1) Add a new definition of ``net conservation benefit'' to Part 2. 
What Definitions Apply to this Policy?:
    Net conservation benefit (for CCAA) is defined as the cumulative 
benefits of specific conservation measures designed to improve the 
status of a covered species by removing or minimizing threats, 
stabilizing populations, and increasing its numbers and improving its 
habitat. The benefit would be measured by the projected increase in the 
species' population or improvement of the species' habitat, taking into 
account the duration of the Agreement and any off-setting adverse 
effects attributable to the incidental taking allowed by the 
enhancement of survival permit. The conservation measures and property 
management activities covered by the agreement must be designed to 
reduce or eliminate those current and future threats on the property 
that are under the property owner's control, in order to increase the 
species'

[[Page 26819]]

populations or improve its habitat. In the case where the species and 
habitat are already adequately managed to the benefit of the species, a 
net conservation benefit will be achieved when the property owner 
commits to manage the species for a specified period of time with the 
anticipation that the population will increase or habitat quality will 
improve.
    (2) Delete the definition of ``other necessary properties'' under 
Part 2. What Definitions Apply to this Policy? and delete references to 
this term from the CCAA policy as follows:
     Revise the third sentence in the second paragraph of Part 
1. What is the Purpose of the Policy? to read as follows: Accordingly, 
the Service will enter into an Agreement when we determine that the 
conservation measures to be implemented address the current and 
anticipated future threats that are under the property owner's control 
and will result in a net conservation benefit to the covered species.
     Revise the fifth paragraph under Part 1 to read as 
follows: The Service must determine that the benefits of the 
conservation measures to be implemented by a property owner under a 
CCAA are reasonably expected to result in a net conservation benefit to 
the covered species. Pursuant to section 7 of the ESA, the Service must 
also ensure that the conservation measures and ongoing property 
management activities included in a CCAA, and the incidental take 
allowed under the enhancement of survival section 10(a)(1)(A) permit 
for these measures and activities are not likely to jeopardize listed 
species or species proposed for listing and are not likely to destroy 
or adversely modify proposed or designated critical habitat.
     Revise section C of Part 3. What Are Candidate 
Conservation Agreements With Assurances? to read as follows: The 
benefits expected to result from the conservation measures described in 
B above (e.g., increase in population numbers; enhancement, 
restoration, or preservation of habitat; removal of threats) and from 
the conditions that the participating non-Federal property owner agrees 
to maintain. The Service must determine that the benefits of the 
conservation measures implemented by a property owner under a CCAA will 
reasonably be expected to provide a net conservation benefit.
     Revise Part 4. What Are the Benefits to the Species? to 
read as follows: Before entering into a CCAA, the Service must make a 
written finding that the benefits of the conservation measures to be 
implemented by a property owner under a CCAA would result in a net 
conservation benefit to the covered species. If the Service and the 
participating property owner cannot agree on conservation measures that 
satisfy this requirement, the Service will not enter into the 
Agreement. Expected benefits of the specific conservation measures 
could include, but are not limited to: removal or reduction of current 
and anticipated future threats for a specified period of time; 
restoration, enhancement, or preservation of habitat; maintenance or 
increase of population numbers; and reduction or elimination of impacts 
to the species from agreed-upon, ongoing property management actions.
    (3) Revise the definition of ``Non-Federal property owner'' in Part 
2. What Definitions Apply to this Policy? to be consistent with the 
definition of ``property owner'' found at 50 CFR 17.3. The revised 
definition makes it clear that participants in a CCAA may include 
entities that own the property as well as entities that lease or hold 
other interests in the property, as long as they have the authority to 
carry out the proposed management activities on the land covered by the 
CCAA. Also note for purposes of this policy that ``management 
activities'' includes the conservation measures included in the CCAA. 
The revised definition reads as follows:
    Property owner means a person with a fee simple, leasehold, or 
other property interest (including owners of water rights or other 
natural resources), or any other entity that may have a property 
interest, sufficient to carry out the proposed management activities, 
subject to applicable State law, on non-Federal land.
    (4) Add language to Part 3 to further explain the assurances 
provided to a property owner who is enrolled in a CCAA if there are 
changed circumstances or unforeseen circumstances that could require 
changes to or additional conservation measures. This language is 
already included in FWS's regulations at 50 CFR 17.22(d)(5) and 
17.32(d)(5) and does not represent a change in current CCAA practice. 
Adding this language to the policy will make the policy and regulations 
consistent.
    (5) Add language to Part 8 to require that a property owner notify 
the Services prior to termination of their CCAA. Currently, the FWS 
includes this requirement as part of the conditions of the section 
10(a)(1)(A) permit that is issued in conjunction with a CCAA. So while 
this is new language the Services are adding to the policy, it is not a 
new practice in how the FWS administers CCAAs.
    (6) Revise the first sentence of Part 10 by adding ``and meets the 
applicable permit issuance criteria'' to make it clear that any 
property owner who agrees to become a party to an original Agreement, 
through a transfer, must meet the issuance criteria for a CCAA. While 
most of the issuance criteria would already be met, assuming the 
transferred CCAA was not changing in any major way, in particular, the 
FWS would need to ensure the new property owner would meet issuance 
criteria at 50 CFR 17.22(d)(2)(vi) and 17.32(d)(2)(vi) which requires 
that the applicant (i.e., property owner) has shown capability for and 
commitment to implementing all of the terms of the Agreement. While 
this is new language being added to the policy, it is not a new 
requirement for a CCAA but serves to make the policy and regulations 
consistent.
    (7) Revise additional language in the policy to improve clarity.

Draft Revised Candidate Conservation Agreements With Assurances Policy

Part 1. What is the purpose of the policy?

    This policy is intended to facilitate the conservation of species 
proposed for listing under the Endangered Species Act (ESA) and 
candidate species, and species likely to become candidates or proposed 
for listing in the near future, by giving non-Federal citizens, States, 
local governments, Tribes, businesses, organizations, and other non-
Federal property owners incentives to implement conservation measures 
for declining species by providing regulatory assurances with regard to 
land, water, or resource use restrictions that might otherwise apply 
should the species later become listed as endangered or threatened 
under the ESA. Under the policy, property owners who commit in a 
Candidate Conservation Agreement with Assurances (CCAA or Agreement) to 
implement mutually agreed-upon conservation measures for a species 
proposed for listing or candidate species, or a species likely to 
become a candidate or proposed for listing in the near future, will 
receive assurances from the Service that additional conservation 
measures above and beyond those contained in the Agreement will not be 
required, and that additional land, water, or resource use restrictions 
will not be imposed upon them should the species become listed in the 
future. In determining whether to enter into a CCAA, the Service will 
consider the

[[Page 26820]]

extent to which the Agreement reduces threats to the covered species so 
as to contribute to the conservation and stabilization of populations 
and habitat of the species.
    While the Services recognize that the actions of a single property 
owner usually will not sufficiently contribute to the conservation of 
the species to remove the need to list it, we also recognize that the 
collective result of the conservation measures of many property owners 
may remove the need to list the species. Accordingly, the Service will 
enter into an Agreement when we determine that the conservation 
measures to be implemented address the current and anticipated future 
threats that are under the property owner's control and will result in 
a net conservation benefit to the covered species. While some property 
owners are willing to manage their lands to benefit species proposed 
for listing, candidate species, or species likely to become candidates 
or proposed for listing in the near future, most desire some degree of 
regulatory certainty and assurances with regard to possible future 
land, water, or resource use restrictions that may be imposed if the 
species is listed in the future.
    The Service will provide regulatory assurances to a non-Federal 
property owner who enters into a CCAA by authorizing, through issuance 
of an enhancement of survival permit under section 10(a)(1)(A) of the 
ESA, a specified level of incidental take of the covered species. 
Incidental take authorization and the associated agreement benefit 
property owners in two ways. First, in the event the species is listed, 
incidental take authorization enables property owners to continue 
current and agreed-upon land uses that have the potential to cause 
take, provided the take is at or reduced to a level consistent with the 
overall goal of providing a net conservation benefit to the species. 
Second, the property owner is provided the assurance that, if the 
species is listed, no additional conservation measures will be required 
and no additional land use restrictions will be imposed.
    These Agreements will be developed in coordination and cooperation 
with appropriate State fish and wildlife agencies and other affected 
State agencies and Tribes. Coordination with State fish and wildlife 
agencies is particularly important given their primary responsibilities 
and authorities for the management of unlisted resident species. These 
Agreements must be consistent with applicable State laws and 
regulations governing the management of these species.
    The Service must determine that the benefits of the conservation 
measures to be implemented by a property owner under a CCAA are 
reasonably expected to result in a net conservation benefit to the 
covered species. Pursuant to section 7 of the ESA, the Service must 
also ensure that the conservation measures and ongoing property 
management activities included in a CCAA, and the incidental take 
allowed under the enhancement of survival section 10(a)(1)(A) permit 
for these measures and activities, are not likely to jeopardize listed 
species or species proposed for listing and are not likely to destroy 
or adversely modify proposed or designated critical habitat.
    Because some property owners may not have the necessary resources 
or expertise to develop a CCAA, the Services are committed to 
providing, to the maximum extent practicable given available resources, 
the necessary technical assistance to develop Agreements and prepare 
enhancement of survival permit applications. Also, based on available 
resources, the Service may assist or train property owners to implement 
conservation measures. Development of a biologically sound Agreement 
and enhancement of survival permit application is intricately linked. 
The Service will process the permit application following the 
procedures described in 50 CFR 17.22(d)(1) and 17.32(d)(1), and part 
222, as appropriate. All terms and conditions of the permit must be 
consistent with the specific conservation measures included in the 
associated CCAA.

Part 2. What definitions apply to this policy?

    The following definitions apply for the purposes of this policy.
    Candidate Conservation Agreement (CCA) means an agreement signed by 
either Service, or both Services jointly, and other Federal or State 
agencies, local governments, Tribes, businesses, organizations, or a 
citizen that identifies specific conservation measures that the 
participants will voluntarily undertake to conserve the covered 
species. There are no specific requirements for entering into a CCA and 
no standard has to be met; no incidental take permit or assurances are 
provided under these Agreements.
    Candidate Conservation Agreements with Assurances means a Candidate 
Conservation Agreement with a non-Federal property owner that meets the 
standards described in this policy and provides the property owner with 
the assurances described in this policy.
    Candidate Conservation Assurances means the associated assurances 
that are authorized by an enhancement of survival permit. Such 
assurances may apply to a whole parcel of land, or a portion, as 
identified in the Agreement. The assurances provided to a non-Federal 
property owner in a CCAA are that no additional conservation measures 
and no land, water, or resource use restrictions, in addition to the 
measures and restrictions described in the Agreement will be imposed 
should the covered species become listed in the future. Also the 
enhancement of survival permit provides a prescribed level of 
incidental take that may occur from agreed-upon, ongoing property 
management actions and the conservation measures.
    Candidate species are defined differently by the Services. The Fish 
and Wildlife Service (FWS) defines candidate species as species for 
which FWS has sufficient information on file relative to status and 
threats to support issuance of proposed listing rules. The National 
Marine Fisheries Service (NMFS) defines candidate species as (1) 
species that are the subject of a petition to list and for which NMFS 
has determined that listing may be warranted, pursuant to section 
4(b)(3)(A) of the ESA, and (2) species that are not the subject of a 
petition but for which NMFS has announced the initiation of a status 
review in the Federal Register. The term ``candidate species'' used in 
this policy refers to those species designated as candidates by either 
of the Services.
    Conservation measures as it applies to CCAAs are actions that a 
property owner voluntarily agrees to undertake when entering into a 
CCAA that, by addressing the threats that are occurring or have the 
potential to occur on their property, will result in an improvement or 
expansion of the species' habitat with the potential for an increase in 
the species' population numbers. The appropriate conservation measures 
designed to address the threats that are causing the species to decline 
will be based on the best available scientific information relative to 
the conservation needs of the species such as those contained in an up-
to-date conservation strategy.
    Covered species means those species that are the subject of a CCAA 
and associated enhancement of survival permit. Covered species are 
limited to species that are candidates or proposed for listing and 
species that are likely to become candidates or proposed for listing in 
the near future.
    Enhancement of survival permit means a permit issued under section

[[Page 26821]]

10(a)(1)(A) of the ESA that, as related to this policy, authorizes the 
permittee to incidentally take species covered in a CCAA.
    Net conservation benefit (for CCAA) is defined as the cumulative 
benefits of specific conservation measures designed to improve the 
status of a covered species by removing or minimizing threats, 
stabilizing populations, and increasing its numbers and improving its 
habitat. The benefit is measured by the projected increase in the 
species' population or improvement of the species' habitat, taking into 
account the duration of the Agreement and any off-setting adverse 
effects attributable to the incidental taking allowed by the 
enhancement of survival permit. The conservation measures and property 
management activities covered by the agreement must be designed to 
reduce or eliminate those current and future threats on the property 
that are under the property owner's control, in order to increase the 
species' populations or improve its habitat. In the case where the 
species and habitat is already adequately managed to the benefit of the 
species, a net conservation benefit will be achieved when the property 
owner commits to manage the species for a specified period of time with 
the anticipation that the population will increase or habitat quality 
will improve.
    Property owner means a person with a fee simple, leasehold, or 
other property interest (including owners of water rights or other 
natural resources), or any other entity that may have a property 
interest, sufficient to carry out the proposed management activities, 
subject to applicable State law, on non-Federal land.

Part 3. What are Candidate Conservation Agreements With Assurances?

    A CCAA will identify or include:
    A. The population levels (if available or determinable) of the 
covered species existing at the time the parties negotiate the 
Agreement; the existing habitat characteristics that sustain any 
current, permanent, or seasonal use, or potential use by the covered 
species on lands or waters in which the participating property owner 
has an interest; and consideration of the existing and anticipated 
condition of the landscape of the contiguous lands or waters not on the 
participating owner's property so that the property enrolled in a CCAA 
may serve as a habitat corridor or connector or as a potential source 
for the covered species to populate the property to be enrolled if they 
do not already exist on that property.
    B. The conservation measures the participating property owner 
agrees to undertake to conserve the species included in the Agreement.
    C. The benefits expected to result from the conservation measures 
described in B above (e.g., increase in population numbers; 
enhancement, restoration, or preservation of habitat; removal of 
threats) and from the conditions that the participating property owner 
agrees to maintain. The Service must determine that the benefits of the 
conservation measures implemented by a property owner under a CCAA will 
reasonably be expected to provide a net conservation benefit.
    D. Assurances related to take of the covered species will be 
authorized by the Service through a section 10(a)(1)(A) enhancement of 
survival permit (see Part 5). Assurances include that no additional 
conservation measures will be required and no additional land, water, 
or resource use restrictions will be imposed beyond those described in 
B above should the covered species be listed in the future. If 
conservation measures not provided for in the CCAA are necessary to 
respond to changed circumstances, the Service will not require any 
conservation measures in addition to those provided for in the CCAA 
without the consent of the property owner, provided the CCAA is being 
properly implemented. If additional conservation measures are necessary 
to respond to unforeseen circumstances, the Service may require 
additional measures of the property owner where the CCAA is being 
properly implemented, only if those measures maintain the original 
terms of the CCAA to the maximum extent possible. Additional 
conservation measures will not involve the commitment of additional 
land, water, or financial compensation, or additional restrictions on 
the use of land, water, or other natural resources available for 
development or use under the original terms of the CCAA without the 
consent of the property owner. The permit also allows a prescribed 
amount of incidental take that may result from the conservation 
measures or from the agreed-to ongoing property management actions.
    E. A monitoring provision that requires measuring and reporting on: 
(1) Progress in implementing the conservation measures described in B 
above, and (2) changes in habitat conditions and the species' status 
resulting from these measures.
    F. As appropriate, a notification requirement to provide the 
Service or appropriate State agencies with a reasonable opportunity to 
rescue individuals of the covered species before any authorized 
incidental take occurs.

Part 4. What are the benefits to the species?

    Before entering into a CCAA, the Service must make a written 
finding that the benefits of the conservation measures to be 
implemented by a property owner under an Agreement would reasonably be 
expected to result in a net conservation benefit to the covered 
species. If the Service and the participating property owner cannot 
agree on conservation measures that satisfy this requirement, the 
Service will not enter into the Agreement. Expected benefits of the 
specific conservation measures could include, but are not limited to: 
removal or reduction of current and anticipated future threats for a 
specified period of time; restoration, enhancement, or preservation of 
habitat; maintenance or increase of population numbers; and reduction 
or elimination of impacts to the species from agreed-upon, ongoing 
property management actions.

Part 5. What are assurances to property owners?

    Through a CCAA, the Service will provide the assurance that, if any 
species covered by the Agreement is listed, and the Agreement has been 
implemented in good faith by the participating property owner, the 
Service will not require additional conservation measures nor impose 
additional land, water, or resource use restrictions beyond those the 
property owner voluntarily committed to under the terms of the original 
Agreement. Assurances involving incidental take will be authorized 
through issuance of a section 10(a)(1)(A) enhancement of survival 
permit, which will allow the property owner to take a specific number 
of individuals of the covered species or quantity of habitat, should 
the species be listed, as long as the level of take is consistent with 
those levels agreed upon and identified in the Agreement. The Service 
will issue an enhancement of survival permit at the time of entering 
into the CCAA. This permit will have a delayed effective date tied to 
the date of any future listing of the covered species. The Service is 
prepared as a last resort to revoke a permit implementing a CCAA where 
continuation of the permitted activity would be likely to result in 
jeopardy to a species covered by the permit. Prior to taking such a 
step, however, the Service will first have to exercise all possible 
means to remedy such a situation.

[[Page 26822]]

Part 6. How does the service comply with the National Environmental 
Policy Act?

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321 et seq.), and the regulations of the Council on 
Environmental Quality (CEQ) require all Federal agencies to examine the 
environmental impacts of their actions, to analyze a full range of 
alternatives, and to use public participation in the planning and 
implementation of their actions. The purpose of the NEPA process is to 
help Federal agencies make better decisions and to ensure that those 
decisions are based on an understanding of environmental consequences. 
Federal agencies can satisfy NEPA requirements either by preparing an 
Environmental Assessment (EA) or Environmental Impact Statement (EIS) 
or by showing that the proposed action is categorically excluded from 
individual NEPA analysis. The Service will review each proposed CCAA 
and associated enhancement of survival permit application for other 
significant environmental, economic, social, historical or cultural 
impact, or for significant controversy (516 DM 2, Appendix 2 for FWS 
and the National Oceanic and Atmospheric Administration's (NOAA's) 
Environmental Review Procedures and NOAA Administrative Order Series 
216-6). If the Service determines that the Agreement and permit will 
likely result in any of the above effects, preparation of an EA or EIS 
will be required. General guidance on when the Service excludes an 
action categorically and when and how to prepare an EA or EIS is found 
in the FWS's Administrative Manual (30 AM 3) and NOAA Administrative 
Order Series 216-6. The Services expect that most CCAAs and associated 
enhancement of survival permits will result in minor or negligible 
effects on the environment and will be categorically excluded from 
individual NEPA analysis.

Part 7. Will there be public review?

    Public participation in the development of a proposed CCAA will be 
provided only when agreed to by the participating property owner. 
However, the Service will make every proposed Agreement available for 
public review and comment as part of the public evaluation process that 
is statutorily required for issuance of the associated enhancement of 
survival permit. This comment period will generally be 30 days. The 
public will also be given other opportunities to review CCAAs in 
certain cases. For example, when the Service receives an Agreement 
covering a species proposed for listing, and when the Service 
determines, based upon a preliminary evaluation, that the Agreement 
could potentially justify withdrawal of the proposed rule to list the 
species under the ESA, the comment period for the proposed rule will be 
extended or reopened to allow for public comments on the CCAA's 
adequacy in removing or reducing threats to the species. However, the 
statutory deadlines in the ESA may prevent the Service from considering 
in their final listing determination those CCAAs that are not received 
within a reasonable period of time after issuance of the proposed rule.

Part 8. Do property owners retain their discretion?

    Nothing in this policy prevents a participating property owner from 
implementing conservation measures not described in the Agreement, 
provided such measures are consistent with the conservation measures 
and conservation goal described in the CCAA. The Service will provide 
technical advice, to the maximum extent practicable, to the property 
owner when requested. Additionally, a participating property owner can 
terminate the Agreement prior to its expiration date, even if the terms 
and conditions of the Agreement have not been realized. However, the 
property owner is required to notify the Service prior to termination. 
The enhancement of survival permit is terminated at the same time, and 
the property owner would no longer have the assurances.

Part 9. What is the discretion of all parties?

    Nothing in this policy compels any party to enter into a CCAA at 
any time. Entering into an Agreement is voluntary for property owners 
and the Service. Unless specifically noted, a CCAA does not otherwise 
create or waive any legal rights of any party to the Agreement.

Part 10. Can agreements be transferred?

    If a property owner who is a party to a CCAA transfers ownership of 
the enrolled property, the Service will regard the new property owner 
as having the same rights and obligations as the original property 
owner if the new property owner agrees to become a party to the 
original Agreement and meets the applicable permit issuance criteria. 
Actions taken by the new participating property owner that result in 
the incidental take of species covered by the Agreement would be 
authorized if the new property owner maintains the terms and conditions 
of the original Agreement. If the new property owner does not become a 
party to the Agreement, the new owner would neither incur 
responsibilities nor receive any assurances relative to the ESA take 
prohibitions resulting from listing of the covered species. An 
Agreement must commit the participating property owner to notify the 
Service of any transfer of ownership at the time of the transfer of any 
property subject to the CCAA. This provision allows the Service the 
opportunity to contact the new property owner to explain the prior CCAA 
and to determine whether the new property owner would like to continue 
the Agreement or enter a new Agreement. When a new property owner 
continues an existing Agreement, the Service will honor the terms and 
conditions of that Agreement and associated permit.

Part 11. Is monitoring required?

    The Service will ensure that necessary monitoring provisions are 
included in the CCAA and associated enhancement of survival permit. 
Monitoring is necessary to ensure that the conservation measures 
specified in an Agreement and permit are being implemented and to learn 
about the effectiveness of the agreed-upon conservation measures. In 
particular, when adaptive management principles are included in an 
Agreement, monitoring is especially helpful for obtaining the 
information needed to measure the effectiveness of the conservation 
program and detect changes in conditions. However, the level of effort 
and expense required for monitoring can vary substantially among CCAAs 
depending on the circumstances. For many, monitoring can be conducted 
by the Service or a State agency and may involve only a brief site 
inspection and appropriate documentation. Monitoring programs must be 
agreed upon prior to public review and comment. The Services are 
committed to providing as much technical assistance as possible in the 
development of acceptable monitoring programs. These monitoring 
programs will provide valuable information that the Services can use to 
evaluate program implementation and success.

Part 12. How are cooperation and coordination with the States and 
Tribes described in the policy?

    Coordination between the Service, the appropriate State fish and 
wildlife agencies, affected Tribal governments, and property owners is 
important to the successful development and implementation of CCAAs. 
When appropriate, the Service will coordinate

[[Page 26823]]

and consult with the affected State fish and wildlife agency and any 
affected Tribal government that has a treaty right to any fish or 
wildlife resources covered by a CCAA.

Request for Information

    We solicit comments, information, and recommendations from 
governmental agencies, Native American tribes, the scientific 
community, industry groups, environmental interest groups, and any 
other interested parties on this draft policy. All comments, 
recommendations, and materials received by the date listed in DATES, 
above, will be considered prior to the approval of a final policy.
    In addition to more general comments and information, we 
specifically request comment on the following aspects of the policy:
    (1) Is the definition of ``Net conservation benefit (for CCAA)'' 
clear as a requirement (or standard)?
    (2) Will the revisions be an improvement over the current policy?
    You may submit your information concerning this draft revised 
policy by one of the methods listed in ADDRESSES. If you submit 
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
Web site. If your submission is made via a hardcopy that includes 
personal identifying information, you may request at the top of your 
document that we withhold this personal identifying information from 
public review. However, we cannot guarantee that we will be able to do 
so. We will post all hardcopy submissions on http://www.regulations.gov.
    Information and supporting documentation that we receive in 
response to this draft policy will be available for you to review at 
http://www.regulations.gov, or by appointment, during normal business 
hours, at the U.S. Fish and Wildlife Service Headquarters (see FOR 
FURTHER INFORMATION CONTACT).

Required Determinations

    As discussed above, we intend to apply this policy, when finalized, 
in considering whether to approve a CCAA. Below we discuss compliance 
with several Executive Orders and statutes as they pertain to this 
draft policy.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this policy is 
not a significant rule.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that our regulatory system must be based on the best available science 
and that the rulemaking process must allow for public participation and 
an open exchange of ideas. We have developed this policy in a manner 
consistent with these requirements.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq., whenever an agency is required to publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effects of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
the agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. The SBREFA amended 
the RFA to require Federal agencies to provide a statement of the 
factual basis for certifying that the rule will not have a significant 
economic impact on a substantial number of small entities. We are 
certifying that the proposed revisions to the CCAA policy would not 
have a significant economic impact on a substantial number of small 
entities. The following discussion explains our rationale. This draft 
policy sets forth the Service's revisions to existing CCAA policy. A 
full description of the action, why it is being considered, and the 
legal basis for this action are set forth earlier in this document. The 
policy will provide clarity to State or local government agencies, 
Tribes, nongovernmental organizations, or private individuals who are 
considering entering into voluntary CCAAs.
    The Services, States, local government agencies, Tribes, 
nongovernmental organizations, and private landowners are the entities 
that are affected by the draft revision to the existing policy. While 
the policy revision introduces and defines the term ``net conservation 
benefit'' for CCAAs and clarifies what must be achieved in order for a 
CCAA to be approved, the Services believe that this addition does not 
necessarily change the level of conservation currently required under a 
CCAA.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    (a) On the basis of information contained in the ``Regulatory 
Flexibility Act'' section above, this draft policy would not 
``significantly or uniquely'' affect small governments. As explained 
above, small governments could potentially be affected if they chose to 
enter into a CCAA. However, we have determined and certify pursuant to 
the Unfunded Mandates Reform Act, 2 U.S.C. 1502, that this policy would 
not impose a cost of $100 million or more in any given year on local or 
State governments or private entities.
    (b) This draft policy would not produce a Federal mandate on State, 
local, or Tribal governments or the private sector of $100 million or 
greater in any year; that is, it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. This policy, if 
finalized, does not impose any additional obligations on State, local, 
or tribal governments who participate in a CCAA by requiring them to 
take additional or different conservation measures above what they 
would be required to take under the current CCAA policy. As such, a 
Small Government Agency Plan is not required.

Takings--Executive Order 12630

    In accordance with Executive Order 12630, this draft policy would 
not have significant takings implications. This draft policy would not 
pertain to ``taking'' of private property interests, nor would it 
directly affect private property. A takings implication assessment is 
not required because this draft policy (1) would not effectively compel 
a property owner to suffer a physical invasion of property and (2) 
would not deny all economically beneficial or productive use of the 
land or aquatic resources. This draft policy would substantially 
advance a legitimate government interest (clarify existing policy 
through which non-

[[Page 26824]]

Federal entities may voluntarily help to conserve unlisted and listed 
species) and would not present a barrier to all reasonable and expected 
beneficial use of private property.

Federalism--Executive Order 13132

    In accordance with Executive Order 13132 (Federalism), this draft 
policy does not have significant Federalism effects and a federalism 
summary impact statement is not required. This draft policy revision 
pertains only to the Service's requirement of a net conservation 
benefit to the covered species for approval of a CCAA and would not 
have substantial direct effects on the States, on the relationship 
between the Federal Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.

Civil Justice Reform--Executive Order 12988

    In accordance with Executive Order 12988 (Civil Justice Reform), 
this draft policy would not unduly burden the judicial system and meets 
the requirements of sections 3(a) and 3(b)(2) of the Order. We are 
revising the existing policy for CCAAs specifically for the purpose of 
eliminating ambiguity and presenting the policy provisions in clear 
language.

Paperwork Reduction Act of 1995 (PRA)

    This policy revision does not contain any new collections of 
information that require approval by the Office of Management and 
Budget (OMB) under the PRA (44 U.S.C. 3501 et seq.). This policy will 
not impose new recordkeeping or reporting requirements on State or 
local governments; individuals; businesses; or organizations. OMB has 
reviewed and approved the application form that property owners use to 
apply for approval of a CCAA and associated enhancement of survival 
permit (Form 3-200-54) and assigned OMB control number 1018-0094, which 
expires January 31, 2017. An agency may not conduct or sponsor and a 
person is not required to respond to a collection of information unless 
it displays a currently valid OMB control number.

National Environmental Policy Act (NEPA)

    We have analyzed the draft policy in accordance with the criteria 
of the National Environmental Policy Act (NEPA) (42 U.S.C. 4332(c)), 
the Council on Environmental Quality's Regulations for Implementing the 
Procedural Provisions of NEPA (40 CFR 1500-1508), and the Department of 
the Interior's NEPA procedures (516 DM 2 and 8; 43 CFR part 46) and 
NOAA's Administrative Order regarding NEPA compliance (NAO 216-6 (May 
20, 1999)).
    We have determined that the draft policy is categorically excluded 
from NEPA documentation requirements consistent with 40 CFR 1508.4 and 
43 CFR 46.210(i). This categorical exclusion applies to policies, 
directives, regulations, and guidelines that are ``of an 
administrative, financial, legal, technical, or procedural nature.'' 
This action does not trigger an extraordinary circumstance, as outlined 
in 43 CFR 46.215, applicable to the categorical exclusion. Therefore, 
the draft policy does not constitute a major Federal action 
significantly affecting the quality of the human environment.
    We have also determined that this action satisfies the standards 
for reliance upon a categorical exclusion under NOAA Administrative 
Order (NAO) 216-6. Specifically, the policy fits within two categorical 
exclusion provisions in Sec.  6.03c.3(i)--for ``preparation of 
regulations, Orders, manuals, or other guidance that implement, but do 
not substantially change these documents, or other guidance'' and for 
``policy directives, regulations and guidelines of an administrative, 
financial, legal, technical or procedural nature.'' NAO 216-6, Sec.  
6.03c.3(i). The policy would not trigger an exception precluding 
reliance on the categorical exclusions because it does not involve a 
geographic area with unique characteristics, is not the subject of 
public controversy based on potential environmental consequences, will 
not result in uncertain environmental impacts or unique or unknown 
risks, does not establish a precedent or decision in principle about 
future proposals, will not have significant cumulative impacts, and 
will not have any adverse effects upon endangered or threatened species 
or their habitats. Id. at Sec.  5.05c. As such, it is categorically 
excluded from the need to prepare an Environmental Assessment.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175 ``Consultation and 
Coordination with Indian Tribal Governments,'' and the Department of 
the Interior Manual at 512 DM 2, we have considered possible effects on 
federally recognized Indian tribes and have preliminarily determined 
that there are no potential adverse effects of issuing this draft 
policy. Our intent with the draft policy revision is to provide clarity 
in regard to the net conservation benefit requirements for a CCAA to be 
approved, including any agreements in which Tribes may choose to 
participate. We will continue to work with Tribes as we finalize this 
draft policy.

Energy Supply, Distribution, or Use

    Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use) requires 
agencies to prepare Statements of Energy Effects when undertaking 
certain actions. The draft policy, if made final, is not expected to 
significantly affect energy supplies, distribution, or use. Therefore, 
this action is not a significant energy action and no Statement of 
Energy Effects is required.

Clarity of the Draft Policy

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule or policy we publish must:
    a. Be logically organized;
    b. Use the active voice to address readers directly;
    c. Use clear language rather than jargon;
    d. Be divided into short sections and sentences; and
    e. Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise this draft policy, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you believe lists or tables would be 
useful, etc.

Authors

    The primary authors of the policy are staff members of the 
Ecological Services Program, Branch of Communications and Candidate 
Conservation, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: 
ES, Falls Church, VA 22041-3803.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).


[[Page 26825]]


    Dated: April 13, 2016.
Noah Matson,
Acting Director, U.S. Fish and Wildlife Service.
    Dated: April 13, 2016.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-10479 Filed 5-3-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                                                             Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices                                                                           26817

                                                    DEPARTMENT OF HOUSING AND                                                 HUD Desk Officer, Office of                                      days was published on February 8, 2016
                                                    URBAN DEVELOPMENT                                                         Management and Budget, New                                       at 81 FR 6535.
                                                                                                                              Executive Office Building, Washington,
                                                    [Docket No. FR–5909–N–34]                                                                                                                  A. Overview of Information Collection
                                                                                                                              DC 20503; fax: 202–395–5806. Email:
                                                    30-Day Notice of Proposed Information                                     OIRA_Submission@omb.eop.gov.                                        Title of Information Collection:
                                                    Collection: Screening and Eviction for                                    FOR FURTHER INFORMATION CONTACT:                                 Screening and Eviction for Drug Abuse
                                                    Drug Abuse and Other Criminal                                             Colette Pollard, Reports Management                              and Other Criminal Activity.
                                                    Activity                                                                  Officer, QMAC, Department of Housing                                OMB Approval Number: 2577–0232.
                                                                                                                              and Urban Development, 451 7th Street                               Type of Request: Reinstatement, with
                                                    AGENCY:  Office of the Chief Information                                  SW., Washington, DC 20410; email
                                                    Officer, HUD.                                                                                                                              change, of a previously approved
                                                                                                                              Colette Pollard at Colette.Pollard@                              collection.
                                                    ACTION: Notice.                                                           hud.gov or telephone 202–402–3400.
                                                                                                                              This is not a toll-free number. Persons                             Form Number: None.
                                                    SUMMARY:   HUD has submitted the                                                                                                              Description of the need for the
                                                                                                                              with hearing or speech impairments
                                                    proposed information collection                                                                                                            information and proposed use: The
                                                                                                                              may access this number through TTY by
                                                    requirement described below to the                                                                                                         information and collection requirements
                                                                                                                              calling the toll-free Federal Relay
                                                    Office of Management and Budget                                                                                                            consist of PHAs screening requirements
                                                                                                                              Service at (800) 877–8339.
                                                    (OMB) for review, in accordance with                                        Copies of available documents                                  to obtain criminal conviction records
                                                    the Paperwork Reduction Act. The                                          submitted to OMB may be obtained                                 from law enforcement agencies to
                                                    purpose of this notice is to allow for an                                 from Ms. Pollard.                                                prevent admission of criminals into the
                                                    additional 30 days of public comment.                                                                                                      Public Housing and Section 8 programs
                                                                                                                              SUPPLEMENTARY INFORMATION: This
                                                    DATES: Comments Due Date: June 3,                                                                                                          and to assist in lease enforcement and
                                                                                                                              notice informs the public that HUD is
                                                    2016.                                                                     seeking approval from OMB for the                                eviction of those individuals in the
                                                    ADDRESSES: Interested persons are                                         information collection described in                              Public Housing and Section 8 programs
                                                    invited to submit comments regarding                                      Section A.                                                       who engage in criminal activity.
                                                    this proposal. Comments should refer to                                      The Federal Register notice that                                 Respondents: State, Local or Tribal
                                                    the proposal by name and/or OMB                                           solicited public comment on the                                  Government, Public Housing Agencies
                                                    Control Number and should be sent to:                                     information collection for a period of 60                        (PHAs), Individuals or Households.

                                                                                                                                                    Response         Frequency of              Frequency       Burden hour              Annual burden
                                                                                Information collection                                              type and           response                per annum       per response                hours
                                                                                                                                                     number

                                                    HUD–2577–0232 ...................................................................             A. 93,289 .....                       1           93,289                        1            93,289
                                                                                                                                                  B. 1,711,933                       0.04           68,477                        9           616,293
                                                                                                                                                  C. 124,821 ...                        1          124,821                        1           124,821
                                                                                                                                                  D. 3,567,789                       0.04          142,712                        9         1,284,408

                                                          Total ...............................................................................   5,497,832 .....   ........................       429,299   ........................       2,118,811



                                                    B. Solicitation of Public Comment                                           Authority: Section 3507 of the Paperwork                       DEPARTMENT OF THE INTERIOR
                                                                                                                              Reduction Act of 1995, 44 U.S.C. Chapter 35.
                                                       This notice is soliciting comments                                                                                                      Fish and Wildlife Service
                                                    from members of the public and affected                                     Dated: April 26, 2016.
                                                    parties concerning the collection of                                      Colette Pollard,
                                                                                                                                                                                               DEPARTMENT OF COMMERCE
                                                    information described in Section A on                                     Department Reports Management Officer,
                                                    the following:                                                            Office of the Chief Information Officer.                         National Oceanic and Atmospheric
                                                       (1) Whether the proposed collection                                    [FR Doc. 2016–10446 Filed 5–3–16; 8:45 am]                       Administration
                                                    of information is necessary for the                                       BILLING CODE 4210–67–P
                                                    proper performance of the functions of                                                                                                     [Docket Nos. FWS–HQ–ES–2015–0177 and
                                                    the agency, including whether the                                                                                                          160223138–6138–01; FF09E40000 156
                                                    information will have practical utility;                                                                                                   FXES11150900000]
                                                       (2) The accuracy of the agency’s                                                                                                        RIN 1018–BB08; 0648–BF79
                                                    estimate of the burden of the proposed
                                                    collection of information;                                                                                                                 Candidate Conservation Agreements
                                                       (3) Ways to enhance the quality,                                                                                                        With Assurances Policy
                                                    utility, and clarity of the information to                                                                                                 AGENCIES:  U.S. Fish and Wildlife
                                                    be collected; and                                                                                                                          Service (FWS), Interior; National Marine
                                                       (4) Ways to minimize the burden of                                                                                                      Fisheries Service (NMFS), Commerce.
                                                    the collection of information on those
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                                               ACTION: Announcement of draft revised
                                                    who are to respond; including through                                                                                                      policy and solicitation of public
                                                    the use of appropriate automated                                                                                                           comment.
                                                    collection techniques or other forms of
                                                    information technology, e.g., permitting                                                                                                   SUMMARY:   We, the U.S. Fish and
                                                    electronic submission of responses.                                                                                                        Wildlife Service and the National
                                                       HUD encourages interested parties to                                                                                                    Marine Fisheries Service (Services when
                                                    submit comment in response to these                                                                                                        referring to both, and Service when
                                                    questions.                                                                                                                                 referring to when the action is taken by


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                                                    26818                         Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices

                                                    one agency), announce proposed                          SUPPLEMENTARY INFORMATION:                            to additional resource use or land use
                                                    revisions to the Candidate Conservation                                                                       restrictions.
                                                                                                            Background                                              Under the current policy, to approve
                                                    Agreements with Assurances policy
                                                    under the Endangered Species Act of                        The U.S. Fish and Wildlife Service                 a CCAA we must ‘‘determine that the
                                                    1973, as amended. We propose to add                     (FWS) and the National Marine                         benefits of the conservation measures
                                                    a definition of ‘‘net conservation                      Fisheries Service (NMFS) are charged                  implemented by a property owner under
                                                    benefit’’ to this policy and to eliminate               with implementing the Endangered                      a CCAA, when combined with those
                                                    references to the confusing requirement                 Species Act of 1973, as amended (16                   benefits that would be achieved if it is
                                                    of ‘‘other necessary properties’’ to                    U.S.C. 1531 et seq.) (ESA or Act); among              assumed that conservation measures
                                                    clarify the level of conservation effort                the purposes of the ESA are to provide                were also to be implemented on other
                                                    each agreement needs to include in                      a means to conserve the ecosystems                    necessary properties, would preclude or
                                                    order for the Service to approve an                     upon which species listed as                          remove any need to list the covered
                                                    agreement. In a separate document                       endangered or threatened depend and a                 species.’’ The hypothetical concept of
                                                    published in today’s Federal Register,                  program for listed species conservation.              conservation measures needing to be
                                                    the U.S. Fish and Wildlife Service is                   Through the Candidate Conservation                    implemented on ‘‘other necessary
                                                    proposing changes to its regulations                    program, one of the Services’ goals is to             properties’’ has caused confusion, and
                                                    regarding Candidate Conservation                        encourage the public to implement                     therefore we are clarifying and revising
                                                    Agreements with Assurances to make                      specific conservation measures for                    the CCAA standard to require a net
                                                    them consistent with these proposed                     declining species prior to them being                 conservation benefit to the covered
                                                    changes to the policy.                                  listed under the ESA. The cumulative                  species specifically on the property to
                                                    DATES: We will accept comments that                     outcome of such conservation measures                 be enrolled and eliminating references
                                                    we receive on or before July 5, 2016.                   may result in not needing to list a                   to ‘‘other necessary properties.’’
                                                    Comments submitted electronically                       species, or may result in listing a                   Proposed Revisions to Candidate
                                                    using the Federal eRulemaking Portal                    species as threatened instead of                      Conservation Agreements With
                                                    (see ADDRESSES, below) must be                          endangered and provide the basis for its              Assurances Policy
                                                    received by 11:59 p.m. Eastern Time on                  recovery and eventual removal from the
                                                    the closing date.                                                                                                Based on our experience reviewing
                                                                                                            protections of the ESA. The Services put              and approving CCAAs over the past 16
                                                    ADDRESSES: You may submit comments                      in place a voluntary conservation                     years, we are proposing changes to the
                                                    by one of the following methods:                        program for non-Federal property
                                                       • Federal eRulemaking Portal: http://                                                                      policy that will clarify the level of
                                                                                                            owners to help accomplish this goal:                  conservation effort each agreement
                                                    www.regulations.gov. In the Search box                  Candidate Conservation Agreements
                                                    enter the Docket number for the draft                                                                         needs to include in order for the Service
                                                                                                            with Assurances (CCAAs). The policy                   to approve an agreement. We are
                                                    policy, which is FWS–HQ–ES–2015–                        for this type of agreement was finalized
                                                    0177. You may enter a comment by                                                                              proposing the following changes to the
                                                                                                            on June 17, 1999 (64 FR 32726), along                 policy primarily to (a) address
                                                    clicking on ‘‘Comment Now!’’ Please                     with implementing regulations for FWS
                                                    ensure that you have found the correct                                                                        confusion regarding the existing CCAA
                                                                                                            in part 17 of title 50 of the Code of                 approval requirements (standards) and
                                                    document before submitting your                         Federal Regulations (CFR) (64 FR                      (b) make CCAAs more consistent with
                                                    comment.                                                32706). The FWS revised the CCAA
                                                       • U.S. mail or hand delivery: Public                                                                       Safe Harbor Agreement requirements,
                                                                                                            regulations in 2004 (69 FR 24084; May                 because these agreements have similar
                                                    Comments Processing, Attn: Docket No.                   2, 2004) to make them easier to
                                                    FWS–HQ–ES–2015–0177; Division of                                                                              purposes, which are to provide a
                                                                                                            understand and implement by defining                  conservation benefit to the covered
                                                    Policy, Performance, and Management                     ‘‘property owner,’’ and clarifying several
                                                    Programs; U.S. Fish and Wildlife                                                                              species while providing assurances to
                                                                                                            points, including the transfer of permits,            non-Federal property owners:
                                                    Service; 5275 Leesburg Pike; MS: BPHC;                  permit revocation, and advanced                          (1) Add a new definition of ‘‘net
                                                    Falls Church, VA 22041.                                 notification of take.                                 conservation benefit’’ to Part 2. What
                                                    We will post all comments on http://                       To participate in a CCAA, non-                     Definitions Apply to this Policy?:
                                                    www.regulations.gov. This generally                     Federal property owners agree to                         Net conservation benefit (for CCAA) is
                                                    means that we will post any personal                    implement specific conservation                       defined as the cumulative benefits of
                                                    information you provide us (see Request                 measures on their land that reduce or                 specific conservation measures designed
                                                    for Information, below, for more                        eliminate threats to the species that are             to improve the status of a covered
                                                    information).                                           covered under the agreement. An ESA                   species by removing or minimizing
                                                    FOR FURTHER INFORMATION CONTACT: Jim                    section 10(a)(1)(A) enhancement of                    threats, stabilizing populations, and
                                                    Serfis, U.S. Fish and Wildlife Service,                 survival permit is issued to the                      increasing its numbers and improving
                                                    Chief, Branch of Conservation and                       agreement participant providing a                     its habitat. The benefit would be
                                                    Communications, U.S. Fish and Wildlife                  specific level of incidental take coverage            measured by the projected increase in
                                                    Service Headquarters, MS: ES, 5275                      should the property owner’s agreed-                   the species’ population or improvement
                                                    Leesburg Pike, Falls Church, VA 22041–                  upon conservation measures and                        of the species’ habitat, taking into
                                                    3803 (telephone 703–358–2171); or                       routine property management actions                   account the duration of the Agreement
                                                    Angela Somma, National Marine                           (e.g., agricultural, ranching, or forestry            and any off-setting adverse effects
                                                    Fisheries Service, Chief, Endangered                    activities) result in take of the covered             attributable to the incidental taking
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Species Conservation Division, Office of                species if listed. Property owners                    allowed by the enhancement of survival
                                                    Protected Resources, 1315 East-West                     receive assurances that they will not be              permit. The conservation measures and
                                                    Highway, Silver Spring, MD 20910                        required to undertake any other                       property management activities covered
                                                    (telephone 301–427–8403, facsimile                      conservation measures than those                      by the agreement must be designed to
                                                    301–713–0376). Persons who use a                        agreed to, even if new information                    reduce or eliminate those current and
                                                    telecommunications device for the deaf                  indicates that additional or revised                  future threats on the property that are
                                                    may call the Federal Information Relay                  conservation measures are needed for                  under the property owner’s control, in
                                                    Service at 800–877–8339.                                the species, and they will not be subject             order to increase the species’


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                                                                                  Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices                                              26819

                                                    populations or improve its habitat. In                  a CCAA would result in a net                          practice in how the FWS administers
                                                    the case where the species and habitat                  conservation benefit to the covered                   CCAAs.
                                                    are already adequately managed to the                   species. If the Service and the                          (6) Revise the first sentence of Part 10
                                                    benefit of the species, a net conservation              participating property owner cannot                   by adding ‘‘and meets the applicable
                                                    benefit will be achieved when the                       agree on conservation measures that                   permit issuance criteria’’ to make it
                                                    property owner commits to manage the                    satisfy this requirement, the Service will            clear that any property owner who
                                                    species for a specified period of time                  not enter into the Agreement. Expected                agrees to become a party to an original
                                                    with the anticipation that the                          benefits of the specific conservation                 Agreement, through a transfer, must
                                                    population will increase or habitat                     measures could include, but are not                   meet the issuance criteria for a CCAA.
                                                    quality will improve.                                   limited to: removal or reduction of                   While most of the issuance criteria
                                                      (2) Delete the definition of ‘‘other                  current and anticipated future threats                would already be met, assuming the
                                                    necessary properties’’ under Part 2.                    for a specified period of time;                       transferred CCAA was not changing in
                                                    What Definitions Apply to this Policy?                  restoration, enhancement, or                          any major way, in particular, the FWS
                                                    and delete references to this term from                 preservation of habitat; maintenance or               would need to ensure the new property
                                                    the CCAA policy as follows:                             increase of population numbers; and                   owner would meet issuance criteria at
                                                      • Revise the third sentence in the                    reduction or elimination of impacts to                50 CFR 17.22(d)(2)(vi) and
                                                    second paragraph of Part 1. What is the                 the species from agreed-upon, ongoing                 17.32(d)(2)(vi) which requires that the
                                                    Purpose of the Policy? to read as                       property management actions.                          applicant (i.e., property owner) has
                                                    follows: Accordingly, the Service will                     (3) Revise the definition of ‘‘Non-                shown capability for and commitment
                                                    enter into an Agreement when we                         Federal property owner’’ in Part 2. What              to implementing all of the terms of the
                                                    determine that the conservation                         Definitions Apply to this Policy? to be               Agreement. While this is new language
                                                    measures to be implemented address the                  consistent with the definition of                     being added to the policy, it is not a
                                                    current and anticipated future threats                  ‘‘property owner’’ found at 50 CFR 17.3.              new requirement for a CCAA but serves
                                                    that are under the property owner’s                     The revised definition makes it clear                 to make the policy and regulations
                                                    control and will result in a net                        that participants in a CCAA may                       consistent.
                                                    conservation benefit to the covered                     include entities that own the property as                (7) Revise additional language in the
                                                    species.                                                well as entities that lease or hold other             policy to improve clarity.
                                                      • Revise the fifth paragraph under
                                                                                                            interests in the property, as long as they            Draft Revised Candidate Conservation
                                                    Part 1 to read as follows: The Service
                                                                                                            have the authority to carry out the                   Agreements With Assurances Policy
                                                    must determine that the benefits of the
                                                    conservation measures to be                             proposed management activities on the
                                                                                                            land covered by the CCAA. Also note                   Part 1. What is the purpose of the
                                                    implemented by a property owner under                                                                         policy?
                                                    a CCAA are reasonably expected to                       for purposes of this policy that
                                                    result in a net conservation benefit to                 ‘‘management activities’’ includes the                   This policy is intended to facilitate
                                                    the covered species. Pursuant to section                conservation measures included in the                 the conservation of species proposed for
                                                    7 of the ESA, the Service must also                     CCAA. The revised definition reads as                 listing under the Endangered Species
                                                    ensure that the conservation measures                   follows:                                              Act (ESA) and candidate species, and
                                                    and ongoing property management                            Property owner means a person with                 species likely to become candidates or
                                                    activities included in a CCAA, and the                  a fee simple, leasehold, or other                     proposed for listing in the near future,
                                                    incidental take allowed under the                       property interest (including owners of                by giving non-Federal citizens, States,
                                                    enhancement of survival section                         water rights or other natural resources),             local governments, Tribes, businesses,
                                                    10(a)(1)(A) permit for these measures                   or any other entity that may have a                   organizations, and other non-Federal
                                                    and activities are not likely to                        property interest, sufficient to carry out            property owners incentives to
                                                    jeopardize listed species or species                    the proposed management activities,                   implement conservation measures for
                                                    proposed for listing and are not likely to              subject to applicable State law, on non-              declining species by providing
                                                    destroy or adversely modify proposed or                 Federal land.                                         regulatory assurances with regard to
                                                    designated critical habitat.                               (4) Add language to Part 3 to further              land, water, or resource use restrictions
                                                      • Revise section C of Part 3. What Are                explain the assurances provided to a                  that might otherwise apply should the
                                                    Candidate Conservation Agreements                       property owner who is enrolled in a                   species later become listed as
                                                    With Assurances? to read as follows:                    CCAA if there are changed                             endangered or threatened under the
                                                    The benefits expected to result from the                circumstances or unforeseen                           ESA. Under the policy, property owners
                                                    conservation measures described in B                    circumstances that could require                      who commit in a Candidate
                                                    above (e.g., increase in population                     changes to or additional conservation                 Conservation Agreement with
                                                    numbers; enhancement, restoration, or                   measures. This language is already                    Assurances (CCAA or Agreement) to
                                                    preservation of habitat; removal of                     included in FWS’s regulations at 50 CFR               implement mutually agreed-upon
                                                    threats) and from the conditions that the               17.22(d)(5) and 17.32(d)(5) and does not              conservation measures for a species
                                                    participating non-Federal property                      represent a change in current CCAA                    proposed for listing or candidate
                                                    owner agrees to maintain. The Service                   practice. Adding this language to the                 species, or a species likely to become a
                                                    must determine that the benefits of the                 policy will make the policy and                       candidate or proposed for listing in the
                                                    conservation measures implemented by                    regulations consistent.                               near future, will receive assurances from
                                                    a property owner under a CCAA will                         (5) Add language to Part 8 to require              the Service that additional conservation
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                                                    reasonably be expected to provide a net                 that a property owner notify the                      measures above and beyond those
                                                    conservation benefit.                                   Services prior to termination of their                contained in the Agreement will not be
                                                      • Revise Part 4. What Are the Benefits                CCAA. Currently, the FWS includes this                required, and that additional land,
                                                    to the Species? to read as follows: Before              requirement as part of the conditions of              water, or resource use restrictions will
                                                    entering into a CCAA, the Service must                  the section 10(a)(1)(A) permit that is                not be imposed upon them should the
                                                    make a written finding that the benefits                issued in conjunction with a CCAA. So                 species become listed in the future. In
                                                    of the conservation measures to be                      while this is new language the Services               determining whether to enter into a
                                                    implemented by a property owner under                   are adding to the policy, it is not a new             CCAA, the Service will consider the


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                                                    26820                         Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices

                                                    extent to which the Agreement reduces                      The Service must determine that the                   Candidate Conservation Assurances
                                                    threats to the covered species so as to                 benefits of the conservation measures to              means the associated assurances that are
                                                    contribute to the conservation and                      be implemented by a property owner                    authorized by an enhancement of
                                                    stabilization of populations and habitat                under a CCAA are reasonably expected                  survival permit. Such assurances may
                                                    of the species.                                         to result in a net conservation benefit to            apply to a whole parcel of land, or a
                                                       While the Services recognize that the                the covered species. Pursuant to section              portion, as identified in the Agreement.
                                                    actions of a single property owner                      7 of the ESA, the Service must also                   The assurances provided to a non-
                                                    usually will not sufficiently contribute                ensure that the conservation measures                 Federal property owner in a CCAA are
                                                    to the conservation of the species to                   and ongoing property management                       that no additional conservation
                                                    remove the need to list it, we also                     activities included in a CCAA, and the                measures and no land, water, or
                                                    recognize that the collective result of the             incidental take allowed under the                     resource use restrictions, in addition to
                                                    conservation measures of many property                  enhancement of survival section                       the measures and restrictions described
                                                    owners may remove the need to list the                  10(a)(1)(A) permit for these measures                 in the Agreement will be imposed
                                                    species. Accordingly, the Service will                  and activities, are not likely to                     should the covered species become
                                                    enter into an Agreement when we                         jeopardize listed species or species                  listed in the future. Also the
                                                    determine that the conservation                         proposed for listing and are not likely to            enhancement of survival permit
                                                    measures to be implemented address the                  destroy or adversely modify proposed or               provides a prescribed level of incidental
                                                    current and anticipated future threats                  designated critical habitat.                          take that may occur from agreed-upon,
                                                    that are under the property owner’s                        Because some property owners may                   ongoing property management actions
                                                    control and will result in a net                        not have the necessary resources or                   and the conservation measures.
                                                    conservation benefit to the covered                     expertise to develop a CCAA, the                         Candidate species are defined
                                                    species. While some property owners                     Services are committed to providing, to               differently by the Services. The Fish and
                                                    are willing to manage their lands to                    the maximum extent practicable given                  Wildlife Service (FWS) defines
                                                    benefit species proposed for listing,                   available resources, the necessary                    candidate species as species for which
                                                    candidate species, or species likely to                 technical assistance to develop                       FWS has sufficient information on file
                                                    become candidates or proposed for                       Agreements and prepare enhancement                    relative to status and threats to support
                                                    listing in the near future, most desire                 of survival permit applications. Also,                issuance of proposed listing rules. The
                                                    some degree of regulatory certainty and                 based on available resources, the                     National Marine Fisheries Service
                                                    assurances with regard to possible                      Service may assist or train property                  (NMFS) defines candidate species as (1)
                                                    future land, water, or resource use                     owners to implement conservation                      species that are the subject of a petition
                                                    restrictions that may be imposed if the                                                                       to list and for which NMFS has
                                                                                                            measures. Development of a biologically
                                                    species is listed in the future.                                                                              determined that listing may be
                                                                                                            sound Agreement and enhancement of
                                                       The Service will provide regulatory                                                                        warranted, pursuant to section
                                                                                                            survival permit application is intricately
                                                    assurances to a non-Federal property                                                                          4(b)(3)(A) of the ESA, and (2) species
                                                    owner who enters into a CCAA by                         linked. The Service will process the
                                                                                                                                                                  that are not the subject of a petition but
                                                    authorizing, through issuance of an                     permit application following the
                                                                                                                                                                  for which NMFS has announced the
                                                    enhancement of survival permit under                    procedures described in 50 CFR
                                                                                                                                                                  initiation of a status review in the
                                                    section 10(a)(1)(A) of the ESA, a                       17.22(d)(1) and 17.32(d)(1), and part
                                                                                                                                                                  Federal Register. The term ‘‘candidate
                                                    specified level of incidental take of the               222, as appropriate. All terms and
                                                                                                                                                                  species’’ used in this policy refers to
                                                    covered species. Incidental take                        conditions of the permit must be
                                                                                                                                                                  those species designated as candidates
                                                    authorization and the associated                        consistent with the specific                          by either of the Services.
                                                    agreement benefit property owners in                    conservation measures included in the                    Conservation measures as it applies to
                                                    two ways. First, in the event the species               associated CCAA.                                      CCAAs are actions that a property
                                                    is listed, incidental take authorization                Part 2. What definitions apply to this                owner voluntarily agrees to undertake
                                                    enables property owners to continue                     policy?                                               when entering into a CCAA that, by
                                                    current and agreed-upon land uses that                                                                        addressing the threats that are occurring
                                                    have the potential to cause take,                          The following definitions apply for                or have the potential to occur on their
                                                    provided the take is at or reduced to a                 the purposes of this policy.                          property, will result in an improvement
                                                    level consistent with the overall goal of                  Candidate Conservation Agreement                   or expansion of the species’ habitat with
                                                    providing a net conservation benefit to                 (CCA) means an agreement signed by                    the potential for an increase in the
                                                    the species. Second, the property owner                 either Service, or both Services jointly,             species’ population numbers. The
                                                    is provided the assurance that, if the                  and other Federal or State agencies,                  appropriate conservation measures
                                                    species is listed, no additional                        local governments, Tribes, businesses,                designed to address the threats that are
                                                    conservation measures will be required                  organizations, or a citizen that identifies           causing the species to decline will be
                                                    and no additional land use restrictions                 specific conservation measures that the               based on the best available scientific
                                                    will be imposed.                                        participants will voluntarily undertake               information relative to the conservation
                                                       These Agreements will be developed                   to conserve the covered species. There                needs of the species such as those
                                                    in coordination and cooperation with                    are no specific requirements for entering             contained in an up-to-date conservation
                                                    appropriate State fish and wildlife                     into a CCA and no standard has to be                  strategy.
                                                    agencies and other affected State                       met; no incidental take permit or                        Covered species means those species
                                                    agencies and Tribes. Coordination with                  assurances are provided under these                   that are the subject of a CCAA and
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                                                    State fish and wildlife agencies is                     Agreements.                                           associated enhancement of survival
                                                    particularly important given their                         Candidate Conservation Agreements                  permit. Covered species are limited to
                                                    primary responsibilities and authorities                with Assurances means a Candidate                     species that are candidates or proposed
                                                    for the management of unlisted resident                 Conservation Agreement with a non-                    for listing and species that are likely to
                                                    species. These Agreements must be                       Federal property owner that meets the                 become candidates or proposed for
                                                    consistent with applicable State laws                   standards described in this policy and                listing in the near future.
                                                    and regulations governing the                           provides the property owner with the                     Enhancement of survival permit
                                                    management of these species.                            assurances described in this policy.                  means a permit issued under section


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                                                                                  Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices                                              26821

                                                    10(a)(1)(A) of the ESA that, as related to                 B. The conservation measures the                   individuals of the covered species
                                                    this policy, authorizes the permittee to                participating property owner agrees to                before any authorized incidental take
                                                    incidentally take species covered in a                  undertake to conserve the species                     occurs.
                                                    CCAA.                                                   included in the Agreement.
                                                                                                               C. The benefits expected to result                 Part 4. What are the benefits to the
                                                       Net conservation benefit (for CCAA) is                                                                     species?
                                                    defined as the cumulative benefits of                   from the conservation measures
                                                    specific conservation measures designed                 described in B above (e.g., increase in                 Before entering into a CCAA, the
                                                    to improve the status of a covered                      population numbers; enhancement,                      Service must make a written finding
                                                    species by removing or minimizing                       restoration, or preservation of habitat;              that the benefits of the conservation
                                                    threats, stabilizing populations, and                   removal of threats) and from the                      measures to be implemented by a
                                                    increasing its numbers and improving                    conditions that the participating                     property owner under an Agreement
                                                    its habitat. The benefit is measured by                 property owner agrees to maintain. The                would reasonably be expected to result
                                                    the projected increase in the species’                  Service must determine that the benefits              in a net conservation benefit to the
                                                    population or improvement of the                        of the conservation measures                          covered species. If the Service and the
                                                    species’ habitat, taking into account the               implemented by a property owner under                 participating property owner cannot
                                                    duration of the Agreement and any off-                  a CCAA will reasonably be expected to                 agree on conservation measures that
                                                    setting adverse effects attributable to the             provide a net conservation benefit.                   satisfy this requirement, the Service will
                                                    incidental taking allowed by the                           D. Assurances related to take of the               not enter into the Agreement. Expected
                                                    enhancement of survival permit. The                     covered species will be authorized by                 benefits of the specific conservation
                                                    conservation measures and property                      the Service through a section 10(a)(1)(A)             measures could include, but are not
                                                    management activities covered by the                    enhancement of survival permit (see                   limited to: removal or reduction of
                                                    agreement must be designed to reduce                    Part 5). Assurances include that no                   current and anticipated future threats
                                                    or eliminate those current and future                   additional conservation measures will
                                                                                                                                                                  for a specified period of time;
                                                                                                            be required and no additional land,
                                                    threats on the property that are under                                                                        restoration, enhancement, or
                                                                                                            water, or resource use restrictions will
                                                    the property owner’s control, in order to                                                                     preservation of habitat; maintenance or
                                                                                                            be imposed beyond those described in
                                                    increase the species’ populations or                                                                          increase of population numbers; and
                                                                                                            B above should the covered species be
                                                    improve its habitat. In the case where                                                                        reduction or elimination of impacts to
                                                                                                            listed in the future. If conservation
                                                    the species and habitat is already                                                                            the species from agreed-upon, ongoing
                                                                                                            measures not provided for in the CCAA
                                                    adequately managed to the benefit of the                                                                      property management actions.
                                                                                                            are necessary to respond to changed
                                                    species, a net conservation benefit will
                                                                                                            circumstances, the Service will not                   Part 5. What are assurances to property
                                                    be achieved when the property owner
                                                                                                            require any conservation measures in                  owners?
                                                    commits to manage the species for a
                                                                                                            addition to those provided for in the
                                                    specified period of time with the                       CCAA without the consent of the                          Through a CCAA, the Service will
                                                    anticipation that the population will                   property owner, provided the CCAA is                  provide the assurance that, if any
                                                    increase or habitat quality will improve.               being properly implemented. If                        species covered by the Agreement is
                                                       Property owner means a person with                   additional conservation measures are                  listed, and the Agreement has been
                                                    a fee simple, leasehold, or other                       necessary to respond to unforeseen                    implemented in good faith by the
                                                    property interest (including owners of                  circumstances, the Service may require                participating property owner, the
                                                    water rights or other natural resources),               additional measures of the property                   Service will not require additional
                                                    or any other entity that may have a                     owner where the CCAA is being                         conservation measures nor impose
                                                    property interest, sufficient to carry out              properly implemented, only if those                   additional land, water, or resource use
                                                    the proposed management activities,                     measures maintain the original terms of               restrictions beyond those the property
                                                    subject to applicable State law, on non-                the CCAA to the maximum extent                        owner voluntarily committed to under
                                                    Federal land.                                           possible. Additional conservation                     the terms of the original Agreement.
                                                                                                            measures will not involve the                         Assurances involving incidental take
                                                    Part 3. What are Candidate
                                                                                                            commitment of additional land, water,                 will be authorized through issuance of
                                                    Conservation Agreements With
                                                                                                            or financial compensation, or additional              a section 10(a)(1)(A) enhancement of
                                                    Assurances?
                                                                                                            restrictions on the use of land, water, or            survival permit, which will allow the
                                                      A CCAA will identify or include:                      other natural resources available for                 property owner to take a specific
                                                      A. The population levels (if available                development or use under the original                 number of individuals of the covered
                                                    or determinable) of the covered species                 terms of the CCAA without the consent                 species or quantity of habitat, should
                                                    existing at the time the parties negotiate              of the property owner. The permit also                the species be listed, as long as the level
                                                    the Agreement; the existing habitat                     allows a prescribed amount of                         of take is consistent with those levels
                                                    characteristics that sustain any current,               incidental take that may result from the              agreed upon and identified in the
                                                    permanent, or seasonal use, or potential                conservation measures or from the                     Agreement. The Service will issue an
                                                    use by the covered species on lands or                  agreed-to ongoing property management                 enhancement of survival permit at the
                                                    waters in which the participating                       actions.                                              time of entering into the CCAA. This
                                                    property owner has an interest; and                        E. A monitoring provision that                     permit will have a delayed effective date
                                                    consideration of the existing and                       requires measuring and reporting on: (1)              tied to the date of any future listing of
                                                    anticipated condition of the landscape                  Progress in implementing the                          the covered species. The Service is
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                                                    of the contiguous lands or waters not on                conservation measures described in B                  prepared as a last resort to revoke a
                                                    the participating owner’s property so                   above, and (2) changes in habitat                     permit implementing a CCAA where
                                                    that the property enrolled in a CCAA                    conditions and the species’ status                    continuation of the permitted activity
                                                    may serve as a habitat corridor or                      resulting from these measures.                        would be likely to result in jeopardy to
                                                    connector or as a potential source for                     F. As appropriate, a notification                  a species covered by the permit. Prior to
                                                    the covered species to populate the                     requirement to provide the Service or                 taking such a step, however, the Service
                                                    property to be enrolled if they do not                  appropriate State agencies with a                     will first have to exercise all possible
                                                    already exist on that property.                         reasonable opportunity to rescue                      means to remedy such a situation.


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                                                    26822                         Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices

                                                    Part 6. How does the service comply                     Service receives an Agreement covering                Agreement. If the new property owner
                                                    with the National Environmental Policy                  a species proposed for listing, and when              does not become a party to the
                                                    Act?                                                    the Service determines, based upon a                  Agreement, the new owner would
                                                       The National Environmental Policy                    preliminary evaluation, that the                      neither incur responsibilities nor
                                                    Act of 1969 (NEPA), as amended (42                      Agreement could potentially justify                   receive any assurances relative to the
                                                    U.S.C. 4321 et seq.), and the regulations               withdrawal of the proposed rule to list               ESA take prohibitions resulting from
                                                    of the Council on Environmental                         the species under the ESA, the comment                listing of the covered species. An
                                                    Quality (CEQ) require all Federal                       period for the proposed rule will be                  Agreement must commit the
                                                    agencies to examine the environmental                   extended or reopened to allow for                     participating property owner to notify
                                                                                                            public comments on the CCAA’s                         the Service of any transfer of ownership
                                                    impacts of their actions, to analyze a full
                                                                                                            adequacy in removing or reducing                      at the time of the transfer of any
                                                    range of alternatives, and to use public
                                                                                                            threats to the species. However, the                  property subject to the CCAA. This
                                                    participation in the planning and
                                                                                                            statutory deadlines in the ESA may                    provision allows the Service the
                                                    implementation of their actions. The
                                                                                                            prevent the Service from considering in               opportunity to contact the new property
                                                    purpose of the NEPA process is to help
                                                                                                            their final listing determination those               owner to explain the prior CCAA and to
                                                    Federal agencies make better decisions
                                                                                                            CCAAs that are not received within a                  determine whether the new property
                                                    and to ensure that those decisions are
                                                                                                            reasonable period of time after issuance              owner would like to continue the
                                                    based on an understanding of
                                                                                                            of the proposed rule.                                 Agreement or enter a new Agreement.
                                                    environmental consequences. Federal
                                                                                                                                                                  When a new property owner continues
                                                    agencies can satisfy NEPA requirements                  Part 8. Do property owners retain their
                                                                                                                                                                  an existing Agreement, the Service will
                                                    either by preparing an Environmental                    discretion?
                                                                                                                                                                  honor the terms and conditions of that
                                                    Assessment (EA) or Environmental                          Nothing in this policy prevents a                   Agreement and associated permit.
                                                    Impact Statement (EIS) or by showing                    participating property owner from
                                                    that the proposed action is categorically               implementing conservation measures                    Part 11. Is monitoring required?
                                                    excluded from individual NEPA                           not described in the Agreement,                          The Service will ensure that necessary
                                                    analysis. The Service will review each                  provided such measures are consistent                 monitoring provisions are included in
                                                    proposed CCAA and associated                            with the conservation measures and                    the CCAA and associated enhancement
                                                    enhancement of survival permit                          conservation goal described in the                    of survival permit. Monitoring is
                                                    application for other significant                       CCAA. The Service will provide                        necessary to ensure that the
                                                    environmental, economic, social,                        technical advice, to the maximum                      conservation measures specified in an
                                                    historical or cultural impact, or for                   extent practicable, to the property                   Agreement and permit are being
                                                    significant controversy (516 DM 2,                      owner when requested. Additionally, a                 implemented and to learn about the
                                                    Appendix 2 for FWS and the National                     participating property owner can                      effectiveness of the agreed-upon
                                                    Oceanic and Atmospheric                                 terminate the Agreement prior to its                  conservation measures. In particular,
                                                    Administration’s (NOAA’s)                               expiration date, even if the terms and                when adaptive management principles
                                                    Environmental Review Procedures and                     conditions of the Agreement have not                  are included in an Agreement,
                                                    NOAA Administrative Order Series                        been realized. However, the property                  monitoring is especially helpful for
                                                    216–6). If the Service determines that                  owner is required to notify the Service               obtaining the information needed to
                                                    the Agreement and permit will likely                    prior to termination. The enhancement                 measure the effectiveness of the
                                                    result in any of the above effects,                     of survival permit is terminated at the               conservation program and detect
                                                    preparation of an EA or EIS will be                     same time, and the property owner                     changes in conditions. However, the
                                                    required. General guidance on when the                  would no longer have the assurances.                  level of effort and expense required for
                                                    Service excludes an action categorically                                                                      monitoring can vary substantially
                                                    and when and how to prepare an EA or                    Part 9. What is the discretion of all                 among CCAAs depending on the
                                                    EIS is found in the FWS’s                               parties?                                              circumstances. For many, monitoring
                                                    Administrative Manual (30 AM 3) and                        Nothing in this policy compels any                 can be conducted by the Service or a
                                                    NOAA Administrative Order Series                        party to enter into a CCAA at any time.               State agency and may involve only a
                                                    216–6. The Services expect that most                    Entering into an Agreement is voluntary               brief site inspection and appropriate
                                                    CCAAs and associated enhancement of                     for property owners and the Service.                  documentation. Monitoring programs
                                                    survival permits will result in minor or                Unless specifically noted, a CCAA does                must be agreed upon prior to public
                                                    negligible effects on the environment                   not otherwise create or waive any legal               review and comment. The Services are
                                                    and will be categorically excluded from                 rights of any party to the Agreement.                 committed to providing as much
                                                    individual NEPA analysis.                                                                                     technical assistance as possible in the
                                                                                                            Part 10. Can agreements be transferred?
                                                                                                                                                                  development of acceptable monitoring
                                                    Part 7. Will there be public review?                       If a property owner who is a party to              programs. These monitoring programs
                                                      Public participation in the                           a CCAA transfers ownership of the                     will provide valuable information that
                                                    development of a proposed CCAA will                     enrolled property, the Service will                   the Services can use to evaluate program
                                                    be provided only when agreed to by the                  regard the new property owner as                      implementation and success.
                                                    participating property owner. However,                  having the same rights and obligations
                                                    the Service will make every proposed                    as the original property owner if the                 Part 12. How are cooperation and
                                                    Agreement available for public review                   new property owner agrees to become a                 coordination with the States and Tribes
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                                                    and comment as part of the public                       party to the original Agreement and                   described in the policy?
                                                    evaluation process that is statutorily                  meets the applicable permit issuance                    Coordination between the Service, the
                                                    required for issuance of the associated                 criteria. Actions taken by the new                    appropriate State fish and wildlife
                                                    enhancement of survival permit. This                    participating property owner that result              agencies, affected Tribal governments,
                                                    comment period will generally be 30                     in the incidental take of species covered             and property owners is important to the
                                                    days. The public will also be given other               by the Agreement would be authorized                  successful development and
                                                    opportunities to review CCAAs in                        if the new property owner maintains the               implementation of CCAAs. When
                                                    certain cases. For example, when the                    terms and conditions of the original                  appropriate, the Service will coordinate


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                                                                                  Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices                                             26823

                                                    and consult with the affected State fish                Management and Budget will review all                   The Services, States, local government
                                                    and wildlife agency and any affected                    significant rules. OIRA has determined                agencies, Tribes, nongovernmental
                                                    Tribal government that has a treaty right               that this policy is not a significant rule.           organizations, and private landowners
                                                    to any fish or wildlife resources covered                  Executive Order 13563 reaffirms the                are the entities that are affected by the
                                                    by a CCAA.                                              principles of E.O. 12866 while calling                draft revision to the existing policy.
                                                                                                            for improvements in the nation’s                      While the policy revision introduces
                                                    Request for Information                                                                                       and defines the term ‘‘net conservation
                                                                                                            regulatory system to promote
                                                       We solicit comments, information,                    predictability, to reduce uncertainty,                benefit’’ for CCAAs and clarifies what
                                                    and recommendations from                                and to use the best, most innovative,                 must be achieved in order for a CCAA
                                                    governmental agencies, Native                           and least burdensome tools for                        to be approved, the Services believe that
                                                    American tribes, the scientific                         achieving regulatory ends. The                        this addition does not necessarily
                                                    community, industry groups,                             executive order directs agencies to                   change the level of conservation
                                                    environmental interest groups, and any                  consider regulatory approaches that                   currently required under a CCAA.
                                                    other interested parties on this draft                  reduce burdens and maintain flexibility               Unfunded Mandates Reform Act (2
                                                    policy. All comments,                                   and freedom of choice for the public                  U.S.C. 1501 et seq.)
                                                    recommendations, and materials                          where these approaches are relevant,
                                                    received by the date listed in DATES,                                                                            In accordance with the Unfunded
                                                                                                            feasible, and consistent with regulatory
                                                    above, will be considered prior to the                                                                        Mandates Reform Act (2 U.S.C. 1501 et
                                                                                                            objectives. E.O. 13563 emphasizes
                                                    approval of a final policy.                                                                                   seq.):
                                                                                                            further that our regulatory system must                  (a) On the basis of information
                                                       In addition to more general comments                 be based on the best available science
                                                    and information, we specifically request                                                                      contained in the ‘‘Regulatory Flexibility
                                                                                                            and that the rulemaking process must                  Act’’ section above, this draft policy
                                                    comment on the following aspects of the                 allow for public participation and an
                                                    policy:                                                                                                       would not ‘‘significantly or uniquely’’
                                                                                                            open exchange of ideas. We have                       affect small governments. As explained
                                                       (1) Is the definition of ‘‘Net                       developed this policy in a manner
                                                    conservation benefit (for CCAA)’’ clear                                                                       above, small governments could
                                                                                                            consistent with these requirements.                   potentially be affected if they chose to
                                                    as a requirement (or standard)?
                                                       (2) Will the revisions be an                         Regulatory Flexibility Act (5 U.S.C. 601              enter into a CCAA. However, we have
                                                    improvement over the current policy?                    et seq.)                                              determined and certify pursuant to the
                                                       You may submit your information                                                                            Unfunded Mandates Reform Act, 2
                                                    concerning this draft revised policy by                    Under the Regulatory Flexibility Act               U.S.C. 1502, that this policy would not
                                                    one of the methods listed in ADDRESSES.                 (RFA), as amended by the Small                        impose a cost of $100 million or more
                                                    If you submit information via http://                   Business Regulatory Enforcement                       in any given year on local or State
                                                    www.regulations.gov, your entire                        Fairness Act of 1996 (SBREFA), 5 U.S.C.               governments or private entities.
                                                    submission—including any personal                       601 et seq., whenever an agency is                       (b) This draft policy would not
                                                    identifying information—will be posted                  required to publish a notice of                       produce a Federal mandate on State,
                                                    on the Web site. If your submission is                  rulemaking for any proposed or final                  local, or Tribal governments or the
                                                    made via a hardcopy that includes                       rule, it must prepare and make available              private sector of $100 million or greater
                                                    personal identifying information, you                   for public comment a regulatory                       in any year; that is, it is not a
                                                    may request at the top of your document                 flexibility analysis that describes the               ‘‘significant regulatory action’’ under
                                                    that we withhold this personal                          effects of the rule on small entities (i.e.,          the Unfunded Mandates Reform Act.
                                                    identifying information from public                     small businesses, small organizations,                This policy, if finalized, does not
                                                    review. However, we cannot guarantee                    and small government jurisdictions).                  impose any additional obligations on
                                                    that we will be able to do so. We will                  However, no regulatory flexibility                    State, local, or tribal governments who
                                                    post all hardcopy submissions on                        analysis is required if the head of the               participate in a CCAA by requiring them
                                                    http://www.regulations.gov.                             agency certifies the rule will not have a             to take additional or different
                                                       Information and supporting                           significant economic impact on a                      conservation measures above what they
                                                    documentation that we receive in                        substantial number of small entities.                 would be required to take under the
                                                    response to this draft policy will be                   The SBREFA amended the RFA to                         current CCAA policy. As such, a Small
                                                    available for you to review at http://                  require Federal agencies to provide a                 Government Agency Plan is not
                                                    www.regulations.gov, or by                              statement of the factual basis for                    required.
                                                    appointment, during normal business                     certifying that the rule will not have a
                                                                                                            significant economic impact on a                      Takings—Executive Order 12630
                                                    hours, at the U.S. Fish and Wildlife
                                                    Service Headquarters (see FOR FURTHER                   substantial number of small entities. We                 In accordance with Executive Order
                                                    INFORMATION CONTACT).                                   are certifying that the proposed                      12630, this draft policy would not have
                                                                                                            revisions to the CCAA policy would not                significant takings implications. This
                                                    Required Determinations                                 have a significant economic impact on                 draft policy would not pertain to
                                                      As discussed above, we intend to                      a substantial number of small entities.               ‘‘taking’’ of private property interests,
                                                    apply this policy, when finalized, in                   The following discussion explains our                 nor would it directly affect private
                                                    considering whether to approve a                        rationale. This draft policy sets forth the           property. A takings implication
                                                    CCAA. Below we discuss compliance                       Service’s revisions to existing CCAA                  assessment is not required because this
                                                                                                            policy. A full description of the action,             draft policy (1) would not effectively
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                                                    with several Executive Orders and
                                                    statutes as they pertain to this draft                  why it is being considered, and the legal             compel a property owner to suffer a
                                                    policy.                                                 basis for this action are set forth earlier           physical invasion of property and (2)
                                                                                                            in this document. The policy will                     would not deny all economically
                                                    Regulatory Planning and Review                          provide clarity to State or local                     beneficial or productive use of the land
                                                    (Executive Orders 12866 and 13563)                      government agencies, Tribes,                          or aquatic resources. This draft policy
                                                      Executive Order 12866 provides that                   nongovernmental organizations, or                     would substantially advance a
                                                    the Office of Information and Regulatory                private individuals who are considering               legitimate government interest (clarify
                                                    Affairs (OIRA) in the Office of                         entering into voluntary CCAAs.                        existing policy through which non-


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                                                    26824                         Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices

                                                    Federal entities may voluntarily help to                1508), and the Department of the                      federally recognized Indian tribes and
                                                    conserve unlisted and listed species)                   Interior’s NEPA procedures (516 DM 2                  have preliminarily determined that
                                                    and would not present a barrier to all                  and 8; 43 CFR part 46) and NOAA’s                     there are no potential adverse effects of
                                                    reasonable and expected beneficial use                  Administrative Order regarding NEPA                   issuing this draft policy. Our intent with
                                                    of private property.                                    compliance (NAO 216–6 (May 20,                        the draft policy revision is to provide
                                                                                                            1999)).                                               clarity in regard to the net conservation
                                                    Federalism—Executive Order 13132                           We have determined that the draft                  benefit requirements for a CCAA to be
                                                       In accordance with Executive Order                   policy is categorically excluded from                 approved, including any agreements in
                                                    13132 (Federalism), this draft policy                   NEPA documentation requirements                       which Tribes may choose to participate.
                                                    does not have significant Federalism                    consistent with 40 CFR 1508.4 and 43                  We will continue to work with Tribes as
                                                    effects and a federalism summary                        CFR 46.210(i). This categorical                       we finalize this draft policy.
                                                    impact statement is not required. This                  exclusion applies to policies, directives,
                                                    draft policy revision pertains only to the              regulations, and guidelines that are ‘‘of             Energy Supply, Distribution, or Use
                                                    Service’s requirement of a net                          an administrative, financial, legal,                    Executive Order 13211 (Actions
                                                    conservation benefit to the covered                     technical, or procedural nature.’’ This               Concerning Regulations That
                                                    species for approval of a CCAA and                      action does not trigger an extraordinary              Significantly Affect Energy Supply,
                                                    would not have substantial direct effects               circumstance, as outlined in 43 CFR                   Distribution, or Use) requires agencies
                                                    on the States, on the relationship                      46.215, applicable to the categorical                 to prepare Statements of Energy Effects
                                                    between the Federal Government and                      exclusion. Therefore, the draft policy                when undertaking certain actions. The
                                                    the States, or on the distribution of                   does not constitute a major Federal                   draft policy, if made final, is not
                                                    power and responsibilities among the                    action significantly affecting the quality            expected to significantly affect energy
                                                    various levels of government.                           of the human environment.                             supplies, distribution, or use. Therefore,
                                                                                                               We have also determined that this                  this action is not a significant energy
                                                    Civil Justice Reform—Executive Order                    action satisfies the standards for
                                                    12988                                                                                                         action and no Statement of Energy
                                                                                                            reliance upon a categorical exclusion                 Effects is required.
                                                      In accordance with Executive Order                    under NOAA Administrative Order
                                                    12988 (Civil Justice Reform), this draft                (NAO) 216–6. Specifically, the policy                 Clarity of the Draft Policy
                                                    policy would not unduly burden the                      fits within two categorical exclusion
                                                                                                                                                                     We are required by Executive Orders
                                                    judicial system and meets the                           provisions in § 6.03c.3(i)—for
                                                                                                                                                                  12866 and 12988 and by the
                                                    requirements of sections 3(a) and 3(b)(2)               ‘‘preparation of regulations, Orders,
                                                                                                            manuals, or other guidance that                       Presidential Memorandum of June 1,
                                                    of the Order. We are revising the
                                                                                                            implement, but do not substantially                   1998, to write all rules in plain
                                                    existing policy for CCAAs specifically
                                                                                                            change these documents, or other                      language. This means that each rule or
                                                    for the purpose of eliminating ambiguity
                                                                                                            guidance’’ and for ‘‘policy directives,               policy we publish must:
                                                    and presenting the policy provisions in
                                                    clear language.                                         regulations and guidelines of an                         a. Be logically organized;
                                                                                                            administrative, financial, legal,                        b. Use the active voice to address
                                                    Paperwork Reduction Act of 1995                         technical or procedural nature.’’ NAO                 readers directly;
                                                    (PRA)                                                   216–6, § 6.03c.3(i). The policy would                    c. Use clear language rather than
                                                      This policy revision does not contain                 not trigger an exception precluding                   jargon;
                                                    any new collections of information that                 reliance on the categorical exclusions                   d. Be divided into short sections and
                                                    require approval by the Office of                       because it does not involve a geographic              sentences; and
                                                    Management and Budget (OMB) under                       area with unique characteristics, is not
                                                                                                                                                                     e. Use lists and tables wherever
                                                    the PRA (44 U.S.C. 3501 et seq.). This                  the subject of public controversy based
                                                                                                                                                                  possible.
                                                    policy will not impose new                              on potential environmental
                                                    recordkeeping or reporting requirements                 consequences, will not result in                         If you feel that we have not met these
                                                    on State or local governments;                          uncertain environmental impacts or                    requirements, send us comments by one
                                                    individuals; businesses; or                             unique or unknown risks, does not                     of the methods listed in ADDRESSES. To
                                                    organizations. OMB has reviewed and                     establish a precedent or decision in                  better help us revise this draft policy,
                                                    approved the application form that                      principle about future proposals, will                your comments should be as specific as
                                                    property owners use to apply for                        not have significant cumulative impacts,              possible. For example, you should tell
                                                    approval of a CCAA and associated                       and will not have any adverse effects                 us the numbers of the sections or
                                                    enhancement of survival permit (Form                    upon endangered or threatened species                 paragraphs that are unclearly written,
                                                    3–200–54) and assigned OMB control                      or their habitats. Id. at § 5.05c. As such,           which sections or sentences are too
                                                    number 1018–0094, which expires                         it is categorically excluded from the                 long, the sections where you believe
                                                    January 31, 2017. An agency may not                     need to prepare an Environmental                      lists or tables would be useful, etc.
                                                    conduct or sponsor and a person is not                  Assessment.                                           Authors
                                                    required to respond to a collection of
                                                                                                            Government-to-Government                                The primary authors of the policy are
                                                    information unless it displays a
                                                                                                            Relationship With Tribes                              staff members of the Ecological Services
                                                    currently valid OMB control number.
                                                                                                               In accordance with the President’s                 Program, Branch of Communications
                                                    National Environmental Policy Act                       memorandum of April 29, 1994,                         and Candidate Conservation, U.S. Fish
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                                                    (NEPA)                                                  ‘‘Government-to-Government Relations                  and Wildlife Service, 5275 Leesburg
                                                      We have analyzed the draft policy in                  with Native American Tribal                           Pike, MS: ES, Falls Church, VA 22041–
                                                    accordance with the criteria of the                     Governments’’ (59 FR 22951), Executive                3803.
                                                    National Environmental Policy Act                       Order 13175 ‘‘Consultation and                        Authority
                                                    (NEPA) (42 U.S.C. 4332(c)), the Council                 Coordination with Indian Tribal
                                                    on Environmental Quality’s Regulations                  Governments,’’ and the Department of                    The authority for this action is the
                                                    for Implementing the Procedural                         the Interior Manual at 512 DM 2, we                   Endangered Species Act of 1973, as
                                                    Provisions of NEPA (40 CFR 1500–                        have considered possible effects on                   amended (16 U.S.C. 1531 et seq.).


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                                                                                  Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices                                           26825

                                                      Dated: April 13, 2016.                                Houghten, Chief, Lands Division, 911                  the Department of the Interior (DOI)
                                                    Noah Matson,                                            NE 11th Ave., Portland, OR 97232.                     would not convey the submerged lands,
                                                    Acting Director, U.S. Fish and Wildlife                 FOR FURTHER INFORMATION CONTACT:                      including mineral rights, to CNMI. The
                                                    Service.                                                Charles Houghten, (503) 231–6207                      Service and NOAA would continue to
                                                      Dated: April 13, 2016.                                (phone).                                              coordinate management of the
                                                    Samuel D. Rauch, III,                                   SUPPLEMENTARY INFORMATION:                            submerged lands and associated waters,
                                                    Deputy Assistant Administrator for                                                                            including fishery-related activities of
                                                    Regulatory Programs, National Marine                    Introduction                                          the Islands Unit, in consultation with
                                                    Fisheries Service.                                         With this notice, we are announcing                the CNMI Government. We would
                                                    [FR Doc. 2016–10479 Filed 5–3–16; 8:45 am]              the availability of our Draft EA                      manage the Monument in accordance
                                                    BILLING CODE 4333–15–P                                  developed in cooperation with the                     with the directives of Presidential
                                                                                                            National Oceanic and Atmospheric                      Proclamation 8335, and implement
                                                                                                            Administration (NOAA) and the CNMI                    activities to address priority
                                                    DEPARTMENT OF THE INTERIOR                              Government, and in compliance with                    management needs based on agency-
                                                                                                            the National Environmental Policy Act                 specific authorities and an integrated
                                                    Fish and Wildlife Service                               (NEPA) of 1969, as amended (42 U.S.C.                 management plan.
                                                                                                            4321 et seq.); NEPA Regulations (40 CFR
                                                    [FWS–R1–R–2015–N020; FF01R05000–                                                                                 Under our preferred alternative,
                                                    FVRS8451–0100000]                                       parts 1500–1508); other Federal laws
                                                                                                                                                                  Alternative 2 (or Northern Islands
                                                                                                            and regulations; and our policies and
                                                                                                            procedures for compliance with those                  Submerged Lands Conveyance
                                                    Marianas Trench Marine National                                                                               alternative), DOI would convey the
                                                    Monument, Commonwealth of the                           laws and regulations. We are also
                                                                                                            requesting public comments on the                     submerged lands, including mineral
                                                    Northern Mariana Islands; Northern                                                                            rights, to the CNMI Government through
                                                    Islands Submerged Lands Transfer to                     Draft EA, and will review and consider
                                                                                                            all comments as part of our NEPA                      a patent with a reserved easement.
                                                    the Commonwealth of the Northern
                                                                                                            process.                                              Consistent with the requirements of
                                                    Mariana Islands Draft Environmental
                                                                                                                                                                  Proclamation 9077, a Memorandum of
                                                    Assessment                                              Background                                            Agreement (MOA) would also be
                                                    AGENCY:    Fish and Wildlife Service,                      The subject of our EA is the Northern              implemented to outline the roles and
                                                    Interior.                                               Islands submerged lands surrounding                   responsibilities of the CNMI
                                                    ACTION:  Notice of availability; request                the islands of Farallon de Pajaros                    Government, the Service, and NOAA,
                                                    for comments.                                           (Uracas), Maug, and Asuncion in the                   for ensuring protection of the
                                                                                                            CNMI, which include lands                             Monument, and managing and
                                                    SUMMARY:   We, the U.S. Fish and                        permanently or periodically covered by                conducting activities within the
                                                    Wildlife Service (Service), announce the                tidal waters up to the mean low water                 submerged lands and associated waters.
                                                    availability of a draft environmental                   line, and extending three miles seaward
                                                                                                                                                                     Upon the conveyance of the NISL to
                                                    assessment (Draft EA) for the Marianas                  from the mean high tide line of each of
                                                                                                                                                                  CNMI and pursuant to the MOA, the
                                                    Trench Marine National Monument                         these islands.
                                                                                                               The submerged lands are among some                 Service and NOAA would, at no
                                                    (Monument) Northern Islands
                                                                                                            of the most biologically diverse in the               additional cost to the CNMI, continue
                                                    Submerged Lands (submerged lands)
                                                                                                            Western Pacific Ocean, with relatively                managing the conveyed submerged
                                                    Transfer to the Commonwealth of the
                                                                                                            pristine coral reef ecosystems that have              lands, for the benefit of and in
                                                    Northern Mariana Islands (CNMI), for
                                                    public review and comment. The Draft                    been proclaimed objects of scientific                 consultation with the CNMI
                                                    EA describes our proposal for the                       interest and reserved for protection as               Government, until such time that the
                                                    Secretary of the Interior to convey                     part of the Monument’s Islands Unit, by               CNMI Government notifies the
                                                    specific submerged lands within the                     Presidential Proclamation 8335 of                     Secretaries of Interior and Commerce of
                                                    Monument from the United States to the                  January 6, 2009.                                      its intent to assume either all or a
                                                    CNMI Government under the authority                        The submerged lands and associated                 portion of the management
                                                    of the Territorial Submerged Lands Act                  waters were excepted from transfer to                 responsibilities of the conveyed
                                                    (TSLA), 48 U.S.C. 1705, et seq.                         the CNMI Government by operation of                   submerged lands.
                                                                                                            the TSLA in Presidential Proclamation                    Alternative 2 would allow the CNMI
                                                    DATES: To ensure consideration of your
                                                                                                            9077 of January 15, 2014. Proclamation                Government to assume primary
                                                    comments, please send your written
                                                                                                            9077 also provided that it did not affect             responsibility for managing and
                                                    comments by June 6, 2016.
                                                                                                            the authority of the Secretary of the                 protecting the Northern Islands
                                                    ADDRESSES: You can download the Draft                   Interior granted under the TSLA, to
                                                    EA from our Web site: www.fws.gov/                                                                            submerged lands and associated waters
                                                                                                            convey the submerged lands after an                   consistent with the purposes and
                                                    marianastrenchmarinemonument/, and                      agreement has been entered for
                                                    review printed copies of it at the                                                                            requirements of Proclamations 8335 and
                                                                                                            coordination of management that
                                                    locations listed under SUPPLEMENTARY                                                                          9077, and in coordination with the
                                                                                                            ensures the protection of the
                                                    INFORMATION. Submit comments on the                                                                           Service and NOAA, at such time as the
                                                                                                            Monument.
                                                    Draft EA and requests for more                                                                                CNMI Government notifies the
                                                    information by any of the following                     The Draft EA                                          Secretaries of Interior and Commerce of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    methods.                                                  The purpose of the Draft EA is to                   its desire to do so. Consistent with the
                                                      Email: fw1_sltransfer_cnmi@fws.gov.                   analyze alternatives for the proposed                 Proclamations 8335 and 9077, this
                                                    Include ‘‘Submerged Lands Transfer’’ in                 conveyance of the Northern Islands                    management would include the benthic
                                                    the subject line of the message.                        submerged lands and associated waters                 and living marine resources of the
                                                      Fax: Attn: Charles Houghten, (503)                    to the CNMI Government. We identify                   associated water column, and
                                                    231–6161.                                               two alternatives in the Draft EA.                     subterranean of the submerged lands,
                                                      U.S. Mail: U.S. Fish and Wildlife                       Alternative 1 is our Current Land                   and the associated mineral rights
                                                    Service, Pacific Region, Attn: Charles                  Status Alternative (No Action); under it,             within.


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Document Created: 2016-05-04 01:22:49
Document Modified: 2016-05-04 01:22:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionAnnouncement of draft revised policy and solicitation of public comment.
DatesWe will accept comments that we receive on or before July 5, 2016. Comments submitted electronically using the Federal eRulemaking
ContactJim Serfis, U.S. Fish and Wildlife Service, Chief, Branch of Conservation and Communications, U.S. Fish and Wildlife Service Headquarters, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803 (telephone 703-358-2171); or Angela Somma, National Marine Fisheries Service, Chief, Endangered Species Conservation Division, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910 (telephone 301-427-8403, facsimile 301-713-0376). Persons who use a telecommunications device for the deaf may call the Federal Information Relay Service at 800-877-8339.
FR Citation81 FR 26817 
RIN Number1018-BB08 and 0648-BF79

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