Habitat and Resource Conservation
Fisheries and Habitat Conservation
 

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USFWS Customer Service Center
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Division of Habitat and Resource Conservation
4401 N. Fairfax Drive, Suite 840
Arlington, Virginia 22203
703/358-2161 & 703/358-2183

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Department of the Interior NEPA Procedures Soon To Be Regulations

The Department of the Interior (Department) is in the final phase of converting the NEPA procedures from Chapter 516 of the Departmental Manual (DM) to 43 CFR to Part 46 of the Code of Federal.  The proposed rule was published in the Federal Register on January 2, 2008 (73 FR 126).  The 60-day comment period closed on March 3, 2008.  The primary purpose of this regulation is to promote greater transparency and accountability to the public and to streamline the NEPA implementation process. 

The final regulation contains Departmental policies and procedures for compliance with NEPA, Executive Order 11514, E.O. 13352, and the Council on Environmental Quality’s (CEQ) NEPA regulations.  The Department believes that the revised procedures will provide an environmental analysis process that better fits with contemporary thinking on decision-making, collaboration, and adaptive management.  The conversion of the Department’s NEPA procedures to regulations resulted in a number of key changes.  The rule:

  • Clarifies the criteria for determining Federal actions that are subject to NEPA;
  • Clarifies NEPA immediate emergency response requirements and procedures;
  • Incorporates CEQ guidance stating that a past action must be “relevant” in illuminating or predicting direct and indirect effects of a proposed action when conducting cumulative effects analysis.
  • Clarifies that the agency has discretion to determine, on a case-by-case basis, how to involve the public in the preparation of EAs; 
  • Clarifies that adaptive management strategies may be incorporated into alternatives, including the proposed action.
  • Incorporates language from the statute and CEQ guidance that states environmental assessments (EAs) need only analyze the proposed action if there are no unresolved conflicts concerning alternative uses of available resources (Section 46.310(b).

The NEPA rule is currently undergoing final Departmental approval, prior to final review by CEQ and the Office of Management and Budget. Bureau-specific NEPA implementing procedures in 516 DM Chapters 8-15 will continue to be available in the DM for their respective use.  In addition, other information and directives addressing NEPA will be included separately in bureaus’ NEPA handbooks or in other Departmental documents such as the DM and Environmental Statement Memoranda (ESM). The Department anticipates publication of the final rule by December 2008.

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The Rapanos / Carabell Supreme Court Decision and Implications for Jurisdiction under the Clean Water Act

The landmark Rapanos and Carabell (Rapanos) case addressed the geographic extent of Federal jurisdiction under the Clean Water Act (CWA).  The decision and aftermath have altered the implementation of the Act nationwide.  Rather than clarifying the geographic extent of Federal jurisdiction under the CWA, the Supreme Court’s 2006 decision in the combined cases has led to more questions for regulatory / resource agencies and the regulated public.  The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) issued joint Guidance in 2007 instructing their field staff on implementing the decision.  It is currently unclear if that Guidance is leading to fewer or greater wetlands and waters being protected today than before Rapanos.  What is certain is that the current state of CWA implementation remains unsettled and may be addressed through further rulemaking by the Corps and EPA or through an act of Congress.

More

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National Wetlands Maps Debut on Google Earth

interactive mapApril 22, 2008
U.S. Fish and Wildlife Service maps of the National Wetlands Inventory are now available for viewing using Google Earth. The wetlands inventory includes wetlands data for approximately 60 percent of the conterminous U.S., as well as portions of Alaska, Hawaii, and Puerto Rico.

News Bulletin


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Secretary Kempthorne Names Four Members to Wind Turbine Guidelines Advisory Committee

windfarmApril 18 , 2008
Secretary of the Interior Dirk Kempthorne has appointed four members to the Department’s Wind Turbine Guidelines Advisory Committee, which recommends effective measures to avoid or minimize impacts to wildlife and their habitats from land-based wind energy facilities.

“I am pleased to announce the appointment of Commissioner Karen Douglas and members René Braud, Ed Arnett, and Scott Darling,” Kempthorne said. “They will join a strong team of experts to help the Department develop this vital new source of clean, renewable energy for America while providing safe and effective measures to protect wildlife and mitigate other environmental impacts.”

DOI News Release

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White Sands Missile Range Receives Prestigious Award from Fish and Wildlife Service

March 31, 2008
The Department of the Army's White Sands Missile Range in southern New Mexico has been named by U.S. Fish and Wildlife Service Director H. Dale Hall as the recipient of the agency's 2007 Military Conservation Partner Award.  The 2.2 million acre missile range has been a key partner in protecting the rare and endangered wildlife that lives in the Chihuahuan desert habitat.

News Release

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FEATURES

windfarm
Couresty of NREL/DOE

Wind Turbine Guidelines Advisory Committee

thumbnail cpa strategic plan

The Branch of Advanced Planning and Habitat Conservation presents the draft version of the Project Planning Strategic Plan

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Green Infrastructure
The Conservation Fun
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Last updated: September 2, 2008
Fisheries and Habitat Conservation
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