Federal Register / VoL 46. No. 15 / Friday. January 23. 1981 / Notices 7661 



requires the Secretary of Commerce to 

 obtain the views of Federal agencies 

 affected by the program, including the 

 Department of the Interior, and to 

 ensure that these views have been given 

 adequate consideration before approval 

 of Coastal Zone Management Plans. The 

 Service provides the Department's 

 views about fish and wildlife resources. 

 Pursuant to the Coastal Zone 

 Management Act Amendments of 1980 

 (Pub. L. 96-464) the Department of 

 Interior provides comments on Federal 

 grants to help Slates protect and 

 preserve coastal areas because of their 

 ■*. . . conservationa], recreational, 

 ecological or aesthetic values." The 1980 

 Amendments also authorize the 

 Department of Interior to enter into 

 Special Area Management Pl annin g to 

 **. . . provide for increased specificity in 

 protecting natural resources, reasonable 

 coast dependent economic growth . . . 

 and improved predictability in 

 government decisionmaking." 



Water Bank Act (16 U.S.C 1301-1311). 

 This Act requires that the Secretary of 

 Agriculture ". . . shall consult with the 

 Secretary of Interior and take 

 appropriate measures to insure that the 

 program carried out . . . is in harmony 

 with wedands programs administered 

 by the Secretary of the Interior." 



Wild and Scenic Rivers Act [16 U.S.C 

 1271-1287). This Act requires the 

 Secretary of the Interior to comment on 

 such proposals. The Fish and Wildlife 

 Service provides the Department's 

 viev/s with regard to fish and wildlife 

 resources. 



Ceo thermal Steam Act of 1970 (30 

 U.S.C. 1001-1025). This Act requires that 

 the Rsh and Wildlife Service 

 recommend to the Secretary those lands 

 that shall not be leased for geothermal 

 development by reason of their status 

 as "... a fish hatchery administered by 

 the Secretary, wildlife refuge, vrildlife 

 range, game range, wildlife management 

 area, waterfowl production area, or for 

 \aiyA* acquired or reserved for the 

 protection and conservation of fish and 

 wildlife that are threatened with 

 extinction." 



Surface Mining Control and 

 Reclamation Act of 1977 (30 U.S.C 1201 

 et seq.). ITiis Act requires the 

 Department of the Interior to regulate 

 surface "itning and reclamation at 

 existing and future mining areas. The 

 Fish and Wildlife Service provides the 

 Department with technical assistance 

 regarding fish and wildlife aspects of 

 Department programs on active and 

 abandoned mine lands, including review 

 of State regulatory submissions and 

 mining plans, and comments on mining 

 and reclamation plans. 



Outer Continental Shelf Lands Act 

 Amendments of 1978 (43 UAC lan). 

 This Act requires the Secretary of the 

 Interior to manage an environmentally 

 sound oU and natural gas development 

 program on the outer continental shelL 

 The Fish and Wildlife Service provides 

 recommendations for the Department 

 regarding potential ecological impacts 

 before leasing in specific areas and 

 contributes to environmental studies 

 undertaken subsequent to leasing. 

 Mineral Leasing Act of 1920. as 

 amended (30 U.S.C 185). This Act 

 authorizes the Secretary of the Interior 

 to grant rights-of-way through Federal 

 lands for pipelines transporting oil 

 nataral gas, synthetic liquids or gaseous 

 fuels, or any other refined liquid fuel 

 Prior to granting a right-of-way for a 

 project which may have a significant 

 impact on the environment, the 

 Secretary is required by this Act to 

 request and review the applicant's plan 

 for construction, operation, and 

 rehabilitation of the right-of-way. Also, 

 the Secretary is authorized to issue 

 guidelines and impose stipulations for 

 such projects which shall include, but 

 not be limited to, ". . . requirements for 

 restoration, revegetalion and 

 curtailment or erosion of surface land: 

 . . . requirements designed to control or 

 prevent damage to the environment 

 (including damage to fish and wildlife 

 habitat): and . . . requirements to 

 protect the interests of individuals living 

 in the general area of the right-of-way or 

 permit who rely on the fish, wildlife and 

 biotic resources of the area for 

 subsistence purposes." 



Cooperative Unit Act (16 US.C 

 753(a)-753(b)). This Act provides for 

 cooperative programs for research and 

 training between the Fish and Wildlife 

 Service, the States, and universities. 



Airport and Airway Development Act 

 (49 U3.C 1716). This Act requires the 

 Secretary of Transportation to ". . . 

 consult v«th the Secretary of the Interior 

 with regard to the effect that any project 

 . . . may have on natural resources 

 ■ including, but not limited to, fish and 

 wildlife, natural scenic, and recreation 

 assets, water and air quality, and other 

 factors affecting the environment . . .". 

 Department of Transportation Act (49 

 U.S.a 1653(f)). This Act makes it 

 national policy that ". . . special effort 

 should be made to preserve the natural 

 beauty of the countryside and public 

 park and recreation lands, wildlife and 

 waterfowl refuges, and historic sites 

 . . ," and requires that the Secretary of 

 Transportation ". . . cooperate and 

 consult with the Secretary of the Interior 

 in developing transportation plans and 

 programs that include measures to 

 maintain or enhance the natural beauty 



of the lands traversed." The Department 

 of Transportation projects using 

 protected lands cannot be approved 

 unless there are no feasible and prudent 

 alternatives to avoid such use and. if 

 none, all possible measures to minimi ze 

 harm have been considered. 



EXECUTIVE 



President's Water Policy Message 

 (Jime 6, 1978). This Message directs the 

 Secretary of the Interior to promulgate 

 procedures for determination of 

 measures to mitigate losses of fish and 

 wildlife resources. 



Water Resources Council's Final 

 Rules; Principles and Standards for 

 Water and Related Land Resources 

 Planning— Level C (September 29, 1980). 

 These rules reiterate the importance of 

 participation in the development 

 planning process by interested Federal 

 agencies, including the Department of 

 the Interior. This participation includes 

 review, coordination, or consultation 

 required imder various legislative and 

 executive authorities. Under these rules. 

 "Consideration is to be given to 

 mitigation (as defined in 40 CFR 1508.20) 

 of the adverse effects of each alternative 

 plan. Appropriate mitigation is to be 

 included where suitable as determined 

 by the agency decisiomnaker. Mitigation 

 measures included are to be planned for 

 at least concurrent and proportionate 

 implementation Vkith other major project 

 features, except where such concurrent 

 and proportionate mitigation is 

 physically impossible. In the latter case, 

 the reasons for deviation from this rule 

 are to be presented in the planning 

 report and mitigation is to be planned 

 for the earliest possible implementation. 

 • Mitigation for fish and wildlife and their 

 habitat is to be planned in coordination 

 with Federal and State fish and wildlife 

 agencies in accordance with the Fish 

 and WildUfe Coordination Act of 1958 

 (16 U5.C 661-664) (sic)." 



Executive Order 11990— Protection of 

 Wetlands (May 24. 1977). This Executive 

 Order requires tiiat each Federal agency 

 ". . . take action to minimize the 

 destruction, loss or degradation of 

 wedands, and to preserve and enhance 

 the natural and beneficial values of ^ 

 wedands in carrying out the agency's 

 responsibilities fon (1) acquiring, 

 managing and disposing of Federal 

 lands and facilities: and (2) providing 

 federally undertaken, financed or 

 assisted construction cind 

 improvements: and (3) conducting 

 Federal activities and programs 

 affecting land use. including but not 

 limited to water and related land 

 resources planning, regulation and 

 licensing activities." Relevant weUand 

 concerns and values include, but are not 



