[Federal Register Volume 63, Number 216 (Monday, November 9, 1998)] [Notices] [Pages 60384-60385] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-29859] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service Notice of Availability of Final Director's Order #77-1: Wetland Protection and Final Procedural Manual #77-1: Wetland Protection AGENCY: National Park Service, Interior. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: The National Park Service (NPS) is converting and updating its current system of internal instructions in conformance with a new system of NPS internal guidance documents. As part of this process, the NPS recently made available for public review and comment (63 FR 45254) a draft Director's Order #77-1: Wetland Protection and a draft Procedural Manual #77-1: Wetland Protection. The Director's Order will revise NPS policies, standards, and requirements [[Page 60385]] for implementing Executive Order 11990: Protection of Wetlands, and the Procedural Manual will establish NPS procedures for implementing the Director's Order within units of the National Park System. The public review period for the Director's Order and Procedural Manual ended on September 24, 1998. Comments received during this period have been carefully considered and have been incorporated into the documents, as appropriate (see SUPPLEMENTARY INFORMATION). The comments were mostly related to clarifying certain points in the Director's Order and Procedural Manual, and did not result in any substantive changes to the policies, requirements, standards, or procedures proposed in the draft documents. The NPS now announces the availability of the final Director's Order #77-1 and final Procedural Manual #77-1. The previous NPS wetland protection guidance, found in the 1980 NPS Floodplain Management and Wetland Protection Guidelines (45 FR 35916, minor revisions in 47 FR 36718), is now rescinded. SUPPLEMENTARY INFORMATION: The NPS received four sets of written comments during the public review. One commenter was concerned that Director's Order #77-1 and Procedural Manual #77-1 might apply to activities conducted by a private party on lands that are outside of NPS units. The NPS believes that Section 2.0 of the Director's Order and Section 4.1.B of the Procedural Manual clearly indicate that these policies, requirements, and procedures apply only to activities conducted by the NPS that are either on or otherwise affect lands managed by the agency. A minor wording change was incorporated into Section 4.1.B of the Procedural Manual to help clarify this point. A state agency recognized the rationale for the 0.1 acre wetland impact threshold for required compensation (Section 5.2.C of the Procedural Manual), but expressed concern that this threshold could potentially lead to unacceptable cumulative impacts in arid areas where small wetlands are especially important. The NPS believes that these concerns are adequately addressed in several ways. First, these procedures and NPS National Environmental Policy Act (NEPA) procedures do not allow an action to be ``categorically excluded'' from the NEPA process if there is the potential for adverse impacts on wetlands. Therefore, such cumulative impacts would have to be addressed in an Environmental Assessment or an Environmental Impact Statement, and justified in the required wetland ``Statement of Findings'' (Section 5.3.D and 5.3.E of the Procedural Manual). Second, we believe that the required wetland avoidance and impact minimization steps outlined in Section 5.2 of the Procedural Manual, along with other NPS natural resources policies and procedures, make the choice of important desert aquatic habitats for development sites highly unlikely. Third, such actions would also be subject to the permitting provisions of Section 404 of the Clean Water Act. For these reasons, the NPS is convinced that such areas are adequately protected from such cumulative impacts, and no changes were made on this subject in the final documents. A federal agency found the Director's Order and Procedural Manual to be clear and useful to NPS staff and the public, and provided a number of comments intended to further clarify information in the areas of wetland definitions, assessment methodologies, delineation manuals, compensation, inventories, and treatment of incidental wetlands. We found these suggestions to be useful, and incorporated a number of them via minor modifications of Sections 2.3 and 2.4 of the Director's Order and Sections 2.2.C, 2.2.D, 3.2, 4.1.A, 4.2.B, and 4.2.C of the Procedural Manual. DATES: Director's Order #77-1: Wetland Protection and Procedural Manual #77-1: Wetland Protection became effective on October 22, 1998. ADDRESSES: Director's Order #77.1: Wetland Protection and Procedural Manual #77.1: Wetland Protection are available on the Internet at the following address: http://www.nps.gov/refdesk/DOrders/index.htm Requests for copies should be sent to: Joel Wagner, National Park Service, Water Resources Division, P.O. Box 25287, Denver, CO 80225. FOR FURTHER INFORMATION CONTACT: Joel Wagner at (303) 969-2955. Dated: October 30, 1998. Michael Soukup, Associate Director, Natural Resource Stewardship and Science. [FR Doc. 98-29859 Filed 11-6-98; 8:45 am] BILLING CODE 4310-70-P