82 FR 51382 - Mitigation Policies of the U.S. Fish and Wildlife Service; Request for Comments

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 213 (November 6, 2017)

We, the U.S. Fish and Wildlife Service (Service), are requesting public comment on portions of our existing Mitigation Policy and Endangered Species Act Compensatory Mitigation Policy (ESA-CMP). We specifically request comment on the policies' mitigation planning goals. Based on comments received, the Service will decide whether and how to revise the policies.

[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Proposed Rules]
[Pages 51382-51383]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23965]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Chapter I

[Docket Nos. FWS-HQ-ES-2015-0126 and FWS-HQ-ES-2015-0165; 
FXES11140900000-178-FF09E33000]


Mitigation Policies of the U.S. Fish and Wildlife Service; 
Request for Comments

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Policy review; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
requesting public comment on portions of our existing Mitigation Policy 
and Endangered Species Act Compensatory Mitigation Policy (ESA-CMP). We 
specifically request comment on the policies' mitigation planning 
goals. Based on comments received, the Service will decide whether and 
how to revise the policies.

DATES: We will accept comments from all interested parties until 
January 5, 2018. Please note that if you are using the Federal 
eRulemaking Portal (see ADDRESSES below), the deadline for submitting 
an electronic comment is 11:59 p.m. Eastern Standard Time on this date.

ADDRESSES: 
    Document availability: The Service's Mitigation Policy was 
published November 21, 2016, at 81 FR 83440 and is available at https://www.regulations.gov at Docket No. FWS-HQ-ES-2015-0126. The Service's 
ESA-CMP was published December 27, 2106, at 81 FR 95316 and is 
available at https://www.regulations.gov at Docket No. FWS-HQ-ES-2015-
0165.
    Comment submission: 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 policy, which is FWS-
HQ-ES-2015-0126 for the mitigation policy and FWS-HQ-ES-2015-0165 for 
the ESA-CMP. You may enter a comment by clicking on the ``Comment 
Now!'' button. 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-2015-0126 or FWS-HQ-ES-2015-0165]; Division 
of Policy, Performance, and Management Programs; U.S. Fish and Wildlife 
Service; MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We will post all comments on https://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: Craig Aubrey, U.S. Fish and Wildlife 
Service, Division of Environmental Review, 5275 Leesburg Pike, Falls 
Church, VA 22041-3803, telephone 703-358-2442.

SUPPLEMENTARY INFORMATION: 

[[Page 51383]]

Background

    The Mitigation Policy (81 FR 83440, November 21, 2016) and the ESA-
CMP (81 FR 95316, December 27, 2016) were developed to ensure 
consistency with existing directives in effect at the time of issuance, 
including former President Obama's Memorandum on Mitigating Impacts on 
Natural Resources From Development and Encouraging Related Private 
Investment (November 3, 2015). The Presidential Memorandum directed all 
Federal agencies that manage natural resources to avoid and then 
minimize harmful effects to land, water, wildlife, and other ecological 
resources (natural resources) caused by land- or water-disturbing 
activities, and to ensure that any remaining harmful effects are 
effectively addressed, consistent with existing mission and legal 
authorities. Also, under the memorandum, all Federal mitigation 
policies were directed to clearly set a net-benefit goal or, at 
minimum, a no-net-loss goal for natural resources, wherever doing so is 
allowed by existing statutory authority and is consistent with agency 
mission and established natural resource objectives. The Presidential 
Memorandum was subsequently rescinded by Executive Order 13783, 
``Promoting Energy Independence and Economic Growth'' (March 28, 2017).
    The 2016 policies also described their consistency with the 
Secretary of the Interior's Order 3330 on Improving Mitigation Policies 
and Practices of the Department of the Interior (October 31, 2013), 
which established a Department-wide mitigation strategy to ensure 
consistency and efficiency in the review and permitting of 
infrastructure-development projects and in conserving natural and 
cultural resources. The Secretary's Order was subsequently revoked by 
Secretary of the Interior's Order 3349 on American Energy Independence 
(March 29, 2017). It directed Department of the Interior bureaus to 
reexamine mitigation policies and practices to better balance 
conservation strategies and policies with job creation for American 
families.

Mitigation Planning Goal

    The Mitigation Policy articulated general policy and principles 
intended to guide Service-recommended mitigation across Service 
programs. These principles were in turn adopted by the ESA-CMP. 
Included among the principles was an overall mitigation planning goal 
of net conservation gain:

    The Service's mitigation planning goal is to improve (i.e., a 
net gain) or, at minimum, to maintain (i.e., no net loss) the 
current status of affected resources, as allowed by applicable 
statutory authority and consistent with the responsibilities of 
action proponents under such authority. As informed by established 
conservation objectives and strategies, Service mitigation 
recommendations will focus primarily on important, scarce, or 
sensitive resources, and will specify the means and measures that 
achieve the planning goal.

    When the Service published both the draft Mitigation Policy and 
draft ESA-CMP for public comment, many commenters addressed the 
policies' mitigation planning goals. Comments on the proposed 
Mitigation Policy may be viewed here: https://www.regulations.gov/docketBrowser?rpp=25&po=0&dct=PS&D=FWS-HQ-ES-2015-0126&refD=FWS-HQ-ES-2015-0126-0001. Comments on the proposed ESA-CMP may be viewed here: 
https://www.regulations.gov/docketBrowser?rpp=25&po=0&dct=PS&D=FWS-HQ-ES-2015-0165&refD=FWS-HQ-ES-2015-0165-0001. The Service addressed these 
comments within the documents for the final policies.
    This document announces the Service's intent to solicit additional 
input regarding whether to retain or remove net conservation gain as a 
mitigation planning goal within our mitigation policies.

Request for Information

    We ask that comments specifically address the advisability of 
retaining or removing references to net conservation gain from the 
Service's overall mitigation planning goal within each policy. We 
further ask that commenters submit comments to one or the other docket 
based on the specific policy of concern (the Mitigation Policy or the 
ESA-CMP).
    We will consider information and recommendations from all 
interested parties. We therefore invite comments, information, and 
recommendations from governmental agencies, Indian Tribes, the 
scientific community, industry groups, environmental interest groups, 
and any other interested parties. All comments and materials received 
by the date listed above in DATES will be considered prior to any 
proposed modification to the policies.
    If you submit information via https://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 information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on https://www.regulations.gov.

Next Steps

    After the comment period closes, we will determine whether and how 
to revise the policies in response to the public input regarding the 
requested information. We will also update the policies to remove 
specific references to the Presidential Memorandum that was rescinded 
by Executive Order 13783 and to Secretary of the Interior's Order 3330 
that was revoked by the subsequent Order 3349.

    Dated: October 4, 2017.
Gregory Sheehan,
Principal Deputy Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-23965 Filed 11-3-17; 8:45 am]
 BILLING CODE 4333-15-P