DEPARTMENT OF THE INTERIOR (DOI)

Statement of Regulatory Priorities

The Department of the Interior (DOI) is the principal Federal steward of our Nation's public lands and resources, including many of our cultural treasures. DOI serves as trustee to Native Americans and Alaska native trust assets and is responsible for relations with the island territories under United States jurisdiction. The Department manages more than 500 million acres of Federal lands, including 397 park units, 560 wildlife refuges, and approximately 1.7 billion of submerged offshore acres. These areas include natural resources that are essential for America's industry - oil and gas, coal, and minerals such as gold and uranium. On public lands and the Outer Continental Shelf, Interior provides access for renewable and conventional energy development and manages the protection and restoration of surface mined lands.

The Department protects and recovers endangered species; protects natural, historic, and cultural resources; manages water projects that are a lifeline and economic engine for many communities in the West; manages forests and fights wildfires; manages Federal energy resources; regulates surface coal mining operations; reclaims abandoned coal mines; educates children in Indian schools; and provides recreational opportunities for over 400 million visitors annually in the Nation's national parks, public lands, national wildlife refuges, and recreation areas.

The DOI will continue to review and update its regulations and policies to ensure that they are effective and efficient, and that they promote accountability and sustainability. The DOI will emphasize regulations and policies that:

Major Regulatory Areas

The DOI bureaus implement congressionally mandated programs through their regulations. Some of these regulatory programs include:

Regulatory Policy

The DOI's regulatory programs seek to operate programs transparently, efficiently, and cooperatively while maximizing protection of our land, resources, and environment in a fiscally responsible way by:

(1) Protecting Natural, Cultural, and Heritage Resources.

The Department's mission includes protecting and providing access to our Nation's natural and cultural heritage and honoring our trust responsibilities to tribes. We are committed to this mission and to applying laws and regulations fairly and effectively. Our priorities include protecting public health and safety, restoring and maintaining public lands, protecting threatened and endangered species, ameliorating land- and resource-management problems on public lands, and ensuring accountability and compliance with Federal laws and regulations.

(2) Sustainably Using Energy, Water, and Natural Resources.

Since the beginning of the Obama Administration, the Department has focused on renewable energy issues and has established priorities for environmentally responsible development of renewable energy on public lands and the OCS. Industry has started to respond by investing in the development of wind farms off the Atlantic seacoast and solar, wind, and geothermal energy facilities throughout the West. Power generation from these new energy sources produces virtually no greenhouse gases and, when done in an environmentally responsible manner, harnesses with minimum impact abundant renewable energy. The Department will continue its intra- and inter-departmental efforts to move forward with the environmentally responsible review and permitting of renewable energy projects on public lands, and will identify how its regulatory processes can be improved to facilitate the responsible development of these resources.

The Secretary issued his first Secretarial Order on March 11, 2009, making renewable energy on public lands and the OCS top priorities at the Department. These remain top priorities. In implementing these priorities through its regulations, the Department will continue to create jobs and contribute to a healthy economy while protecting our signature landscapes, natural resources, wildlife, and cultural resources.

(3) Empowering People and Communities.

The Department strongly encourages public participation in the regulatory process and will continue to actively engage the public in the implementation of priority initiatives. Throughout the Department, individual bureaus and offices are ensuring that the American people have an active role in managing our Nation's public lands and resources.

For example, every year the FWS establishes migratory bird hunting seasons in partnership with flyway councils composed of State fish and wildlife agencies. The FWS also holds a series of public meetings to give other interested parties, including hunters and other groups, opportunities to participate in establishing the upcoming season's regulations. Similarly, the BLM uses Resource Advisory Councils to provide advice on the management of public lands and resources. These citizen based groups provide an opportunity for individuals from all backgrounds and interests to have a voice in the management of public lands.

In October 2010, NPS published an interim final rule with request for comments revising the former regulations for management of demonstrations and the sale or distribution of printed matter in most areas of the National Park System to allow a small-group exception to permit requirements. In essence, under specific criteria, demonstrations and the sale or distribution of printed matter involving 25 or fewer persons may be held in designated areas, without first obtaining a permit; i.e. making it easier for individuals and small groups to express their views. The NPS has analyzed the comments and expects to publish a final rule in early 2013.

Retrospective Review of Regulations

President Obama's Executive Order 13563 directs agencies to make the regulatory system work better for the American public. Regulations should "...protect public health, welfare, safety, and our environment while promoting economic growth, innovation, competitiveness, and job creation." DOI's plan for retrospective regulatory review identifies specific efforts to relieve regulatory burdens, add jobs to the economy, and make regulations work better for the American public while protecting our environment and resources. The DOI plan seeks to strengthen and maintain a culture of retrospective review by consolidating all regulatory review requirements1 into DOI's annual regulatory plan. When opportunities arise to improve our regulations, we try to respond quickly. For example, some small businesses recently raised a concern about inspection fees required for imports and exports of wildlife by certain licensed businesses. Our regulations set forth the fees that are required to be paid at the time of inspection of imports and exports of wildlife. In 2009, we implemented a new user fee system intended to recover the costs of the compliance portion of the wildlife inspection program. In summer 2012, the Service learned that we may have placed an undue economic burden on businesses that exclusively trade in small volumes of low-value, non-Federally protected wildlife parts and products. To address this issue, we immediately issued an interim rule (October 26, 2012 - 77 FR 65321), implementing a program that exempts certain businesses from the designated port base inspection fees as an interim measure while the Service reassesses its current user fee system.

In examining its current regulatory requirements, DOI has also taken a hybrid regulatory approach, incorporating flexible, performance based standards with existing regulatory requirements where possible to strengthen safety and environmental protection across the onshore and offshore oil and natural gas industry while minimizing additional burdens on the economy. The Department routinely meets with stakeholders to solicit feedback and gather input on how to incorporate performance based standards. For example, in September, DOI personnel participated with staff from the Environmental Protection Agency, the U.S. Coast Guard, and the Department of Transportation in a stakeholder meeting sponsored by the Occupational Health and Safety Administration specifically to receive input on the inclusion of performance based standards as a regulatory approach. DOI has received helpful public input through this process and will continue to participate in this effort with relevant interagency partners as part of its retrospective regulatory review.

Pursuant to section 6 of Executive Order 13563 "Improving Regulation and Regulatory Review" (Jan. 18, 2011), the following Regulatory Identifier Numbers (RINs) have been identified as associated with retrospective review and analysis in the Department's final retrospective review of regulations plan. Some of the entries on this list may be completed actions, which do not appear in the Regulatory Plan. However, more information can be found about these completed rulemakings in past publications of the unified Agenda on reginfo.gov in the Completed Actions section for that agency. These rulemakings can also be found on regulations.gov.

Bureau

RIN

Title

Description

Significantly reduce burdens on small business?

Office of Natural Resources Revenue (ONRR)

1012-AA13

Oil and Gas Royalty Valuation

DOI is exploring a simplified market-based approach to arrive at the value of oil and gas for royalty purposes that could dramatically reduce accounting and paperwork requirements and costs on industry and better ensure proper royalty valuation by creating a more transparent royalty calculation method.

Yes

Fish and Wildlife Service (FWS)

1018-AX44

Critical Habitat Boundary Descriptions

FWS published a final rule on May 1, 2012 (77 FR 25611), that minimizes the requirements for written descriptions of critical habitat boundaries in favor of map and Internet-based descriptions. This rule will make the process of designating critical habitat more user-friendly for affected parties, the public as a whole, and the Services, as well as more efficient and cost effective.

Yes

FWS

1018-AX85

ESA Section 7 Consultation Process; Incidental Take Statements

Court decisions rendered over the last decade regarding the adequacy of incidental take statements have prompted us, along with the National Marine Fisheries Service (NOAA, Commerce), to consider clarifying our regulations concerning two aspects of issuance of incidental take statements during section 7 consultation under the Endangered Species Act. The proposed regulatory changes will specifically address the use of surrogates to express the limit of exempted take and how to determine when deferral of an incidental take exemption is appropriate. This is a joint rulemaking with NOAA.

No

FWS

1018-AX86

Regulations Governing Designation of Critical Habitat Under Section 4 of the ESA

The proposed rule would amend existing regulations governing the designation of critical habitat under section 4 of the Endangered Species Act. A number of factors, including litigation and the Services' experience over the years in interpreting and applying the statutory definition of critical habitat, have highlighted the need to clarify or revise the current regulations. This is a joint rulemaking with NOAA.

No

FWS

1018-AX87

Policy for Designation of Critical Habitat Under Section 4 of the Endangered Species Act

This proposed policy would articulate the purpose of critical habitat, provide a clear interpretation of the statutory definition of "critical habitat," and describe a comprehensive approach for designating critical habitat under section 4 of the Endangered Species Act. This policy would help provide clarity and consistency in the designation of critical habitat in an effort to ensure that the purposes of the Endangered Species Act are fully met. We will seek public review and comment on the proposed policy. This is a joint policy with NOAA.

No

FWS

1018-AX88

ESA Section 7 Consultation Regulations; Definition of "Destruction or Adverse Modification" of Critical Habitat

The proposed rule would amend the existing regulations governing section 7 consultation under the Endangered Species Act to revise the definition of "destruction or adverse modification" of critical habitat. The current regulatory definition has been invalidated by the courts for being inconsistent with the language of the Endangered Species Act. We therefore need to propose a revised definition and seek public review and comment This is a joint rulemaking with NOAA.

No

Bureau of Indian Affairs (BIA)

1076-AE73

Leasing and Rights of Way

To encourage and speed up economic development in Indian Country, the Department through the BIA, undertook a sweeping reform of antiquated, "one-size-fits-all" Federal leasing regulations for the 56 million surface acres the Federal government holds in trust for Tribes and individual Indians. The final leasing rule was published on December 5, 2012, and provides greater transparency and firm deadlines for BIA review and approval of lease documents; gives greater deference to Indian tribes in leasing approval and enforcement decisions; and removes unnecessary burdens, including deleting the requirement for BIA review of permits, which some view as unjustified and excessively burdensome.

Yes

National Park Service (NPS), FWS, Bureau of Land Mgt. (BLM), and Bureau of Reclamation (BOR), and BIA

1024-AD30

Commercial Filming on Public Lands

This joint effort between the National Park Service (NPS), Fish and Wildlife Service (FWS), Bureau of Land Management (BLM), Bureau of Reclamation (BOR), and Bureau of Indian Affairs (BIA) will create consistent regulations and a unified DOI fee schedule for commercial filming and still photography on public land. It will provide the commercial filming industry with a predictable fee for using Federal lands, while earning the Government a fair return for the use of that land.

Yes

DOI bureaus work to make our regulations easier to comply with and understand. Our regulatory process ensures that bureaus share ideas on how to reduce regulatory burdens while meeting the requirements of the laws they enforce and improving their stewardship of the environment and resources. Results include:

Bureaus and Offices within DOI

The following provides an overview of some of the major regulatory priorities that individual bureaus and offices within DOI will undertake.

Bureau of Indian Affairs

The Bureau of Indian Affairs (BIA) administers and manages 55 million acres of surface land and 57 million acres of subsurface minerals held in trust by the United States for Indians and Indian tribes, provides services to approximately 1.9 million Indians and Alaska Natives, and maintains a government-to-government relationship with the 566 federally recognized Indian tribes. The BIA's mission is to enhance the quality of life, to promote economic opportunity, and to carry out the responsibility to protect and improve the trust assets of American Indians, Indian tribes, and Alaska Natives, as well as to provide quality education opportunities to students in Indian schools.

In the coming year, BIA will continue its focus on improved management of trust responsibilities with each regulatory review and revision. BIA will also continue to promote economic development in Indian communities by ensuring the regulations support, rather than hinder, productive land management. In addition, BIA will focus on updating Indian education regulations and on other regulatory changes to increase transparency in support of the President's Open Government Initiative.

In the coming year, BIA's regulatory priorities are to:

BIA is reviewing regulations that require the Bureau of Indian Education to follow 23 different State adequate yearly progress (AYP) standards to determine whether a uniform standard would better meet the needs of students at Bureau-funded schools. With regard to undergraduate education, BIE is reviewing regulations that address grants to tribally controlled community colleges and other Indian education regulations. These reviews will identify provisions that need to be updated to comply with applicable statutes and ensure that the proper regulatory framework is in place to support students of Bureau-funded schools.

Over the years, BIA has received significant comments from American Indian groups and members of Congress on the Federal acknowledgment process. Most of these comments claim that the current process is cumbersome and overly restrictive. The BIA is reviewing the Federal acknowledgment regulations to determine how regulatory changes may streamline the acknowledgment process and clarify criteria by which an Indian group is examined.

BIA currently exercises authority provided by the Buy Indian Act to set-aside acquisitions for services and products for Indian economic enterprises, under certain circumstances allowed under the Federal Acquisition Regulations. This rule would standardize BIA procedures for implementing the Buy Indian Act.

BIA is making a concentrated effort to improve the readability and precision of its regulations. Because trust beneficiaries often turn to the regulations for guidance on how a given BIA process works, BIA is ensuring that each revised regulation is written as clearly as possible and accurately reflects the current organization of the Bureau. The Bureau is also simplifying language and eliminating obsolete provisions. The Bureau recently completed a major overhaul of regulations governing residential, business, and wind and solar resource leasing on Indian land to reflect updated laws and increase user-friendliness. In the coming year, the Bureau also plans to review regulations regarding rights-of-way (25 CFR 169); Indian Reservation Roads (25 CFR 170); and certain regulations specific to the Osage Nation.

The Bureau of Land Management

The BLM manages the 245-million-acre National System of Public Lands, located primarily in the western States, including Alaska, and the 700-million-acre subsurface mineral estate located throughout the Nation. In doing so, the BLM manages such varied uses as energy and mineral development, outdoor recreation, livestock grazing, and forestry and woodlands products. BLM's complex multiple-use mission affects the lives of millions of Americans, including those who live near and visit the public lands, as well as those who benefit from the commodities, such as minerals, energy, or timber, produced from the lands' rich resources. In undertaking its management responsibilities, the BLM seeks to conserve our public lands' natural and cultural resources and sustain the health and productivity of the public lands for the use and enjoyment of present and future generations. In the coming year, BLM's highest regulatory priorities include:

  • Revising antiquated hydraulic fracturing regulations.

    BLM's existing regulations applicable to hydraulic fracturing were promulgated over twenty years ago and do not reflect modern technology. In seeking to modernize its requirements and ensure the protection of our Nation's public lands, the BLM has proposed a rule that would provide disclosure to the public of chemicals used in hydraulic fracturing on public land and Indian land, strengthen regulations related to well-bore integrity, and address issues related to flowback water.

  • Updating onshore oil and gas operating standards.

    Onshore orders establish requirements and minimum standards and provide standard operating procedures for oil and gas operations. The orders are binding on operating rights owners and operators of Federal and Indian (except the Osage Nation) oil and gas leases and on all wells and facilities on State or private lands committed to Federal agreements. The BLM is responsible for ensuring that oil or gas produced and sold from Federal or Indian leases is accurately measured for quantity and quality. The volume and quality of oil or gas sold from leases is key to ensuring that the American public is receiving a fair return from operators for the right to extract public resources. BLM is focusing on revising existing Onshore Orders Number 3, 4, and 5 to adopt new industry standards to reflect current operating procedures used by industry. These existing Onshore Orders would also be revised to require that proper verification and accounting practices are implemented consistently. A new Onshore Order Number 9 would cover the prevention of waste and beneficial use of the oil and gas resource to ensure that proper royalties are paid on oil and gas removed from Federal and Trust lands.

  • Competitive leasing process for solar and wind rights-of-way.

    The BLM is preparing a proposed rule that would establish an efficient competitive process for leasing public lands for solar and wind energy development. The amended regulations would establish competitive bidding procedures for lands within designated solar and wind energy development leasing areas, define qualifications for potential bidders, and structure the financial arrangements necessary for the process. The proposed rule would enhance the BLM's ability to capture fair market value for the use of public lands, ensure fair access to leasing opportunities for renewable energy development, and foster the growth and development of the renewable energy sector of the economy.

    The Bureau of Ocean Energy Management (BOEM)

    The Bureau of Ocean Energy Management (BOEM) is the resource manager for the conventional and renewable energy and mineral resources on the Outer Continental Shelf (OCS). Protecting the environment, while ensuring the safe development of the nation's offshore energy and marine mineral resources, is a critical part of BOEM's mission. The Bureau, as with all Federal agencies, must consider the potential environmental impacts from exploring and extracting these resources. It fosters development of the OCS for both conventional and renewable energy and mineral resources in an efficient and effective manner that ensures fair market value for the rights conveyed. BOEM's near-term regulatory agenda will cover a number of issues, including:

    Clarifying its functional responsibilities in light of the recent re-organization of offshore energy functions: A new proposed rule will reorganize the BOEM regulations in a more logical manner and better clarify the functional responsibilities of the agency with respect to OCS lessee and operators and provides supporting changes to ensure regulatory compliance.

    Modernizing leasing regulations: BOEM is developing a final rule to update and streamline the existing OCS leasing regulations to better reflect policy priorities including incentivizing diligent development. For example, the rule will implement a two term leasing process, whereby leases are issued subject to a requirement that drilling commences within a specific time period or else reverts back to the government.

    Updating BOEM's air quality program in light of expanded statutory authority: DOI has jurisdiction over air emissions from OCS sources operating on certain portions of the OCS. As part of the FY 2012 Appropriations bill, Congress increased DOI authority in this area by transferring responsibility for monitoring OCS air quality off the north coast of Alaska from the Environmental Protection Agency to the Department of the Interior. In light of new authorities, BOEM is undertaking a full review of its air quality program in order to ensure that regulations are best suited to achieve the statutory mandate of requiring offshore activities compliance with EPA's National Ambient Air Quality Standards (NAAQS), to the extent that those activities significantly affect the air quality of a State.

    Enhancing regulatory efficiency for BOEM's offshore renewables program: Two specific rulemakings would respond to recommendations submitted to BOEM following independent technical reviews of existing requirements: (1) A recommendation from a Transportation Research Board report to develop specific wind turbine design standards; and (2) a recommendation from a Technology Assessment and Research Program report to clarify the role of Certified Verification Agents in the BOEM permitting process. In addition, the proposed regulations would clarify requirements associated with lessee notification to BOEM of a discovery of potential archaeological resource(s) and revise renewables rules to improve procedural and administrative efficiencies, reduce regulatory burdens and streamline operations.

    Promoting financial assurance and risk management: BOEM is responsible for the Financial Assurance and Risk Management (FARM) program, designed to ensure lessees and operators on the OCS do not engage in activities that could generate an undue financial risk to the Government. FARM and bonding regulations have not been updated in many years and no longer accurately reflect current industry financial monitoring and controls. In addition, reliable and comprehensive cost data are neither accessible nor widely available in the offshore industry, and so new data collection efforts are suggested to improve future bonding formulas and to ensure that levels remain properly calibrated. BOEM has established a series of task forces to review these issues and will prepare a series of updates to the regulations, once this effort is completed. This is likely a medium-to-longer-term effort. Also related to risk and financial assurance, BOEM is undertaking a rulemaking to adjust limits of liability for damages from offshore facilities under the Oil Pollution Act of 1990, to reflect increases in the Consumer Price Index since the enactment of that statute and to ensure the environment is protected in the event of an offshore incident.

    Formally addressing the use of OCS sand, gravel, and shell resources: BOEM is developing regulations to formally address the use of OCS sand, gravel, or shell resources for shore protection, beach replenishment, wetlands restoration, or in construction projects funded by the Federal government.

    The Bureau of Safety and Environmental Enforcement

    BSEE was formally established in October 2011, as part of a major reorganization of the Department of the Interior's offshore regulatory structure. At its core, the Bureau's mission is to compel safety, emergency preparedness, environmental responsibility and appropriate development and conservation of offshore oil and natural gas resources. BSEE's regulatory priorities are guided by the newly developed BSEE FY 2012-2015 Strategic Plan, which includes two strategic goals to focus the Bureau's priorities in fulfillment of its mission:

  • Regulate, enforce, and respond to OCS development using the full range of authorities, policies, and tools to compel safety and environmental responsibility and appropriate development of offshore oil and natural gas resources.

  • Build and sustain the organizational, technical, and intellectual capacity within and across BSEE's key functions - capacity that keeps pace with OCS industry technology improvements, innovates in regulation and enforcement, and reduces risk through systemic assessment and regulatory and enforcement actions.

    The Three-Year Strategic Plan reflects the intent of BSEE to build a bureau capable of keeping pace with the rapidly advancing technologies employed by the industry, building and sustaining its organizational, technical, and intellectual capacity, and instilling a commitment to safe practices at all levels of offshore operations, at all times. Additionally, the strategic plan incorporates BSEE's approach to address numerous recommendations contained in Government Accountability Office, Office of Inspector General (OIG), and other external reports.

  • The BSEE has identified the following four areas of regulatory priorities: (1) Compliance; (2) Oil Spill Response; (3) Safety and Environmental Management Systems (SEMS); and (4) Managing and Mitigating Risk. Among the specific regulatory priorities that will be BSEE's priorities over the course of the next year are: Compliance

    BSEE will finalize revisions of its rule on production safety systems and expand the use of lifecycle analysis of critical equipment. This rule addresses issues such as subsurface safety devices, safety device testing, and expands the requirements for operating production systems on the OCS.

  • Oil Spill Response

    BSEE will update regulations for offshore oil spill response planning and preparedness. This rule will incorporate lessons learned from the 2010 Deepwater Horizon spill, improved preparedness capability standards, and applicable research findings. This regulatory update will establish standards that drive owners, lessees, and operators to use all applicable tools in a system-based plan that demonstrates the ability to respond to oil spills quickly and effectively.

  • Safety and Environmental Management Systems (SEMS)

    BSEE will propose additional revisions to the current SEMS rule. BSEE will collaborate extensively with the U.S. Coast Guard on this rule to further enhance the development of industry safety systems that will reduce the risk of offshore oil and gas operations.

  • Managing and Mitigating Risk

    BSEE will develop a proposal to modernize requirements for blowout prevention systems to address potential risks associated with existing systems and enhance the safety of well operations.

    BSEE will propose a rule to assess leading and lagging performance indicators to identify risks and near-miss incidents on the OCS. The current incident reporting regulations focus on reporting only accidents associated with offshore operations. This proposed rule will support the bureau's risk assessment activities and identify trends or potential hazards involving causes for equipment failures, procedures, people, or safety management systems.

    Office of Natural Resources Revenue

    The Office of Natural Resources Revenue (ONRR) collects, accounts for, and disburses revenues from Federal offshore energy and mineral leases and from onshore mineral leases on Federal and Indian lands. The program operates nationwide and is primarily responsible for timely and accurate collection, distribution, and accounting for revenues associated with mineral and energy production.

    ONRR's regulatory plan priorities for the upcoming year include:

    ONRR plans to simplify the regulations at 30 CFR part 1206 for establishing the value for royalty purposes of: (1) Oil and natural gas produced from Federal leases; and (2) coal and geothermal resources produced from Federal and Indian leases. Additionally, the proposed rules would consolidate sections of the regulations common to all minerals, such as definitions and instructions regarding how a payor should request a valuation determination. ONRR published Advance Notices of Proposed Rulemaking (ANPRMs) to initiate the rulemaking process and to obtain input from interested parties.

    ONRR is preparing regulations governing collection of delinquent royalties, rentals, bonuses, and other amounts due under Federal and Indian oil, gas, and other mineral leases. The regulations would include provisions for administrative offset and would clarify and codify the provisions of the Debt Collection Act of 1982, and the Debt Collection Improvement Act of 1996.

    ONRR has a trust responsibility to accurately collect and disburse oil and gas royalties on Indian lands. ONRR will increase royalty certainty by addressing oil valuation for Indian lands through a negotiated rulemaking process involving key stakeholders.

    Office of Surface Mining Reclamation and Enforcement

    The Office of Surface Mining Reclamation and Enforcement (OSM) was created by the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Under SMCRA, OSM has two principal functions - the regulation of surface coal mining and reclamation operations and the reclamation and restoration of abandoned coal mine lands. In enacting SMCRA, Congress directed OSM to "strike a balance between protection of the environment and agricultural productivity and the Nation's need for coal as an essential source of energy." In response to its statutory mandate, OSM has sought to develop and maintain a stable regulatory program that is safe, cost-effective, and environmentally sound. A stable regulatory program ensures that the coal mining industry has clear guidelines for operation and reclamation, and that citizens know how the program is being implemented.

    OSM's Federal regulatory program sets minimum requirements for obtaining a permit for surface and underground coal mining operations, sets performance standards for those operations, requires reclamation of lands and waters disturbed by mining, and requires enforcement to ensure that the standards are met. OSM is the primary regulatory authority for SMCRA enforcement until a State or Indian tribe develops its own regulatory program, which is no less effective than the Federal program. When a State or Indian tribe achieves "primacy," it assumes direct responsibility for permitting, inspection, and enforcement activities under its federally approved regulatory program. The regulatory standards in Federal program states and in primacy states are essentially the same with only minor, non-substantive differences. Today, 24 States have primacy, including 23 of the 24 coal producing States. OSM's regulatory priorities for the coming year will focus on:

    Protect streams and related environmental resources from the adverse effects of surface coal mining operations; and

    Establish Federal standards for the beneficial use of coal combustion residues on active and abandoned coal mines.

    U.S. Fish and Wildlife Service

    The mission of the U.S. Fish and Wildlife Service (FWS) is to work with others to conserve, protect, and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people. FWS also helps ensure a healthy environment for people by providing opportunities for Americans to enjoy the outdoors and our shared natural heritage.

    FWS fulfills its responsibilities through a diverse array of programs that:

    Over the course of the next year, FWS regulatory priorities will include:

    - In regard to the ESA lists, we will issue rules to amend the format of the lists to make them more user-friendly for the public, to correct errors in regard to taxonomy, to include rules issued by the National Marine Fisheries Service for marine species, and to more clearly describe areas where listed species are protected.

    - In regard to the designation of critical habitat for listed species, we will issue rules to revise the timeframe for our issuance of economic analyses pertaining to critical habitat designations, to clarify definitions of "critical habitat" and "destruction or adverse modification," to improve our consultation process in regard to issuing incidental take statements, and otherwise make improvements to the process of critical habitat designation.

    - To ensure proper administration of the MBTA, we will revise the list of migratory bird species based on new information. This list is vital to our regulation of activities, such as transport, sale, and import and export, of protected species. We will also propose to revise our regulations that are designed to prevent the wanton waste of migratory game birds to clarify that the hunting public must make reasonable efforts to retrieve birds that have been killed or injured.

    - In an effort to promote renewable energy while carrying out our responsibility to protect certain species of birds, we will issue guidance that includes an iterative process for developers to use to avoid and minimize negative effects on eagles and their habitats resulting from the construction, operation, and maintenance of land-based wind energy facilities in the United States. In addition, we will finalize our proposal to revise our regulations for permits for nonpurposeful take of eagles. By proposing to extend the maximum term for programmatic permits to 30 years, as long as certain requirements are met, we will facilitate the development of renewable energy projects that are designed to be in operation for many decades.

    - We will continue our efforts to empower State governments by adding States that meet our requirements to the list of States that are delegated authority to regulate falconry. We will also continue our efforts to protect wildlife and promote business by revising our regulations to approve additional formulations of nontoxic shot for use in hunting waterfowl.

    - We will issue a policy to guide Service employees to increase efficiency and effectiveness in achieving the mission of the NWRS through partnerships with Friends (Refuge volunteer or advocate) organizations. This policy will help us strengthen the Refuge system by giving Refuge managers across the country consistent guidance on ways to increase community involvement on Refuge lands.

    - To further this effort of ensuring consistent administration of our Refuges, we will issue a proposed rule to ensure that all operators conducting oil or gas operations on NWRS lands do so in a manner that prevents or minimizes damage to the lands, visitor values, and management objectives.

    - To help us build strong and lasting partnerships with self-governance Tribes and consortia, we propose a policy to respond to and negotiate with Tribes on their requests for annual funding agreements in implementing the provisions of title IV of the Indian Self-Determination and Education Assistance Act.

    - To provide clear guidance to U.S. importers and exporters of wildlife products, we will update our CITES regulations to incorporate provisions resulting from the 14th and 15th Conferences of the Parties to CITES. The revisions will help us more effectively promote species conservation and help those affected by CITES to understand how to conduct lawful international trade in wildlife and wildlife products.

    - In regard to efforts to protect specific species, we will issue regulations regarding generic tigers (those not identifiable as members of the Bengal, Sumatran, Siberian, or Indochinese subspecies) the same level of protection that "pure" tigers have. We will also revise our regulations regarding the importation of ivory from African elephants to allow the importation of ivory specimens for scientific and law enforcement purposes. This revision will ensure that our regulations do not prohibit activities that support the purposes of the ESA.

    - We provide this summary in accordance with section 3(a) of Executive Order 13609 ("Promoting International Regulatory Cooperation").

    National Park Service

    The NPS preserves unimpaired the natural and cultural resources and values within almost 400 units of the National Park System encompassing nearly 84 million acres of lands and waters for the enjoyment, education, and inspiration of this and future generations. The NPS also cooperates with partners to extend the benefits of natural and resource conservation and outdoor recreation throughout the United States and the world.

    To achieve this mission the NPS adheres to the following guiding principles:

    Our regulatory priorities for the coming year include:

    -Revising the existing regulation pertaining to Commercial Film and Related Activities.

    This joint effort between the National Park Service (NPS), Fish and Wildlife Service (FWS), Bureau of Land Management (BLM), Bureau of Reclamation (BOR), and Bureau of Indian Affairs (BIA) will create consistent regulations and a unified DOI fee schedule for commercial filming and still photography on public land. It will provide the commercial filming industry with a predictable fee for using Federal lands, while earning the Government a fair return for the use of that land.

    -Establishing new rules related to:

  • Collection of Natural Products by Members of Federally Recognized Tribes for Traditional and Cultural Purposes

    The rule will clarify the Park Superintendent's authority to permit American Indians and Alaska Natives to collect limited quantities of plant and mineral resources in parks for traditional cultural uses, practices, and activities.

    The rule will retain for the 2012-2013 winter season the regulations and management framework that have been in place for the last three winter seasons (2009-2010, 2010-2011, 2011-2012).

    (1) A rule to designate routes and areas within Curecanti National Recreation Area where off-road vehicles (ORVs) and snowmobiles will be allowed within the recreation area. ORV use will primarily occur below the high water line of the Blue Mesa Reservoir. The rule also provides for designation of new snowmobile access points and designates snowmobile routes from the access points to the frozen surface of the Blue Mesa Reservoir.

    (2) A rule to define applicable terms, designates driving routes, driving conditions, and establishes permit conditions for ORV use within Fire Island National Seashore.

    (3) A rule to (i) designate trails in the Nabesna District of Wrangell-St. Elias National Preserve where ORVs may be used for recreational purposes; (ii) impose ORV size and weight restrictions; and (iii) close areas to ORV use for subsistence purposes in designated wilderness.

  • Managing Bicycling

    NPS rules would designate bicycles routes and allow for management of bicycle use on designated routes at Chattahoochee NRA, Sleeping Bear Dunes National Lakeshore, and Lake Meredith NRA.

  • Implementation of the Native American Graves Protection and Repatriation Act

    (1) A rule will correct inaccuracies or inconsistencies in the 43 CFR part 10 regulations, implementing the Native American Graves Protection and Repatriation Act, which have been identified by or brought to the attention of the Department of the Interior.

    (2) A rule would establish a process for disposition of Unclaimed Human Remains and Funerary Objects discovered after November 16, 1990, on Federal or Indian Lands.

    1 DOI conducts regulatory review under numerous statutes, Executive orders, memoranda, and policies, including but not limited to the Regulatory Flexibility Act of 1980 (RFA), the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Executive Orders 12866 and 13563, and the DOI Departmental Manual.