The Department of the Interior (DOI) is the principal steward of natural resources for the American public and serves as trustee to Native Americans and Alaska Natives. In total the Department manages more than 450 million acres of Federal lands, approximately 3 billion acres of the Outer Continental Shelf, and more than 57,000 buildings. Also, DOI has a directorate responsible for activities concerning island territories under the jurisdiction of the United States. In carrying out its many responsiblities in conservation, land management, natural resource protection, and as trustee, the Department has increasingly embraced creative options to ensure the long-term viability of our resources and the environment in which they are found. The Department has used the same creative approach to maximize benefits to society and minimize negative effects.
DOI is also the steward of many of our Nation's cultural resources and serves as trustee to Native Americans and Alaska Natives.
Interior's bureaus and offices seek to ease the burdens imposed by regulations while increasing the protection of resources under their jurisdiction. Examples of this include:
¤ Establishing a community approach to maintaining the environmental systems which support native species. The expected result is a reduction in the rate by which individual species become threatened and endangered. This approach enlists the voluntary support of land owners to achieve environmental goals while potentially reducing the regulatory cost.
¤ Using performance-based regulations rather than process-based regulations. This gives local entities the option of using the most cost effective method to meet the spirit and letter of the law while providing the best result tailored to the specific instance and location.
¤ Incorporating scientific standards, where applicable into regulations.
¤ Continuing to reduce the number of regulations and converting those that remain to plain language. This will improve the public's ability to understand regulatory requirements and will result in improved compliance.
The Department's overall goal is to maintain or improve the quality of the environment while:
¤ Reducing the financial burden on the general public;
¤ Increasing the flexibility of the public to use the best means available to ensure that the laws are met; and
¤ Making regulations easy to understand and administer.
This approach to improving regulations will help DOI better execute its mission and meet the requirements of the eight bureaus and the following objectives:
¤ Conserve, protect, and enhance the Nation's national parks, wilderness, and fish and wildlife resources;
¤ Manage, develop, and protect the quality of water resources;
¤ Promote economic opportunity and improve the trust assets of Native Americans, Native American tribes, Alaska Natives, and people of the U.S. territorial governments; and
¤ Enhance America's ability to meet its needs for domestic energy and mineral resources.
Major Regulatory Areas
Among the Department's bureaus and offices, the Office of Surface Mining Reclamation and Enforcement (OSM) has the highest concentration of regulatory responsibilities. OSM, in partnership with the States and Indian tribes, has the responsibility for setting and enforcing environmental standards during coal mining and reclamation operations. OSM is considering an innovative approach to facilitate the reclamation of abandoned mine lands by allowing the party conducting the reclamation to offset the cost of reclamation through the sale of coal extracted as an incidental part of the reclamation project.
Other DOI bureaus rely on regulations to implement legislatively mandated programs by focusing on the management of natural resources and public or trust lands. Some of these regulatory activities include:
¤ Management of migratory birds and preservation of certain marine mammals and endangered species;
¤ Management of dedicated lands, such as national parks, wildlife refuges, and American Indian trust lands;
¤ Management of public lands open to multiple use;
¤ Leasing and oversight of development of Federal energy, minerals, and renewable resources;
¤ Management of revenues from American Indian and Federal minerals;
¤ Fulfillment of trust and other responsibilities pertaining to American Indian tribes;
¤ Natural resource damage assessments; and
¤ Management of financial and nonfinancial assistance programs.
Regulatory Policy
How DOI Regulatory Procedures Relate to the Administration's Regulatory Policies
Within the general requirements and guidance in Executive Orders 12866, 12612, and 12630, DOI's regulatory program seeks to:
¤ Fulfill all legal requirements as specified by statutes or court orders;
¤ Perform essential functions that cannot be handled by non-Federal entities;
¤ Minimize regulatory costs to society while maximizing societal benefits; and
¤ Operate programs openly, efficiently, and in cooperation with Federal and non-Federal entities.
DOI bureaus have taken the initiative in working with other Federal agencies, non-Federal government agencies, and public entities to make DOI regulations easier to comply with and understand. Because regulatory reform is a continuing process that requires the participation of all affected parties, DOI is continually enhancing its efforts to include affected entities in the decisionmaking process and to better coordinate the rulemaking process.
In order to facilitate better overall management and review of the regulatory process, DOI revised Part 318 of the Departmental Manual (318 DM), the Department's comprehensive and definitive guidance on promulgating regulations. Results have included:
¤ Increased awareness by the bureaus of responsibilities under the Small Business Regulatory Enforcement Fairness Act (SBREFA) and the incorporation of the requirements of SBREFA into new and updated rules and regulations;
¤ A Departmentwide effort to evaluate the economic impacts of rules and regulations that are planned; and
¤ Issuance of new guidance in the Departmental Manual to ensure the use of plain language in Government writing.
DOI is committed to improving the regulatory process through the use of plain English, and simplifying regulations has resulted in a major rewrite of the regulations for onshore oil and gas leasing and operations in an easily understandable form that: a) Puts previously published rules into one location in a logical sequence; b) eliminates duplication by consolidating existing regulations and onshore orders and national notices to lessees; c) incorporates industry standards by reference; and d) implements performance standards in some of the operating regulations.
DOI's regulatory process ensures that bureaus responsible for regulations share ideas on how to reduce regulatory burden while meeting the requirements of the laws they enforce and improving their stewardship of the environment and resources under their purview.
Encouraging Responsible Management of the Nation's Resources
The Department's mission is to protect and provide access to our Nation's natural and cultural heritage and to honor our trust responsibilities to tribes. DOI is committed to this mission and to applying laws and regulations fairly and effectively. The Department's priorities are compliance, enforcement, prevention, solving problems, and protecting public health and safety. To this end, DOI bureaus encourage users of public resources to adopt long-term strategies designed to meet current needs while preserving resources for future generations.
An example of this is the ``no suprises'' policy of the U.S. Fish and Wildlife Service (FWS). This policy gives property owners an incentive to implement voluntary conservation measures for a proposed or candidate species, or a species likely to become a candidate or proposed in the near future. These property owners will receive assurances from FWS that additional conservation measures will not be required and additional land, water, or resource use restrictions will not be imposed should the species become listed in the future. This policy results in fewer fines, no ``suprises'' (in the form of unexpected fines) for conforming landowners, and better overall compliance with the Endangered Species Act.
Minimizing Regulatory Burdens
DOI is using the regulatory process to ease the burdens on various entities throughout the country. For instance, the Endangered Species Act (ESA) allows for the delisting of threatened and endangered species if they no longer need the protection of the ESA. DOI has identified approximately 40 species for which delisting or downlisting (reclassification from endangered to threatened) may be appropriate. In FY 99, DOI intends to delist the American peregrine falcon (due to species recovery) and the Dismal Swamp southeastern shrew (due to new information regarding the taxonomy and abundance of the species).
Experience has shown us that changing the planning process for land use and water development can reduce unnecessary delays and paperwork associated with agency decisionmaking. For some projects, an improved planning process has dramatically reduced the time required for paperwork.
We have attempted to use performance standards in a variety of regulations. These allow the affected entity to choose the most economical method to accomplish a goal provided it meets the requirements of the regulations. An example of this is Minerals Management Service's (MMS) proposed training rule, which will allow companies with operations in the Outer Continental Shelf (OCS) to select their own training courses or programs for employees. Currently MMS has a prescriptive program where employees working on the OCS must attend an MMS-certified school. This rule will put the responsibility on lessees and contractors to properly train the employees by any method they choose as long as the employees are competent. We anticipate that this will result in new and innovative training techniques and allow companies added flexibility in tailoring their training to employees' specific duties.
Encouraging Public Participation and Involvement in the Regulatory Procedure Process
One of the goals of Executive Order 12866 is to ensure that the public has adequate opportunities to participate in developing new regulations. Under this Administration, encouraging increased public participation in the regulatory process to make regulatory policies more responsive to our customers' needs is a priority.
The Department is reaching out to communities to seek their input on a variety of regulatory issues. For example, every year the FWS establishes migratory bird hunting seasons in partnership with ``flyway councils,'' which are made up of State fish and wildlife agencies. As the process evolves each year, FWS holds a series of public meetings to give other interested parties, including hunters and other groups, adequate opportunity to participate in establishing the upcoming season's regulations.
Likewise, the Bureau of Land Management (BLM) uses Resource Advisory Councils (RACs) made up of affected parties to help prepare the regulations promulgated under the Rangeland Reform Act.
We also encourage public consultation in the regulatory process. For example:
¤ OSM is continuing its outreach to interested groups to improve the substance and quality of rules and, to the greatest extent possible, achieve a consensus on regulatory issues;
¤ The National Park Service (NPS) used negotiated rulemaking to amend its rules governing off-road vehicle use at Cape Cod National Seashore; and
¤ The Bureau of Indian Affairs is developing its roads program rule using the negotiated rulemaking process. Because of the importance of the roads program to the individual tribes and because of the varying needs of the tribal governments, the negotiated rulemaking process will result in a rule that better serves the diverse needs of the Native American community.
The Future of DOI
In compliance with the Government Performance and Results Act of 1993 (GPRA), DOI has developed a comprehensive agencywide strategic plan to prepare DOI for the 21st century. The strategic plan covers the period from 1997 through 2002. It provides employees and managers with clear goals and strategies to help the Department meet its mission and fulfill its commitment to the Nation. The strategic plan includes a departmental overview, goals, and initiatives for the indivdual bureaus. We believe that this plan must evolve in response to the changing natural and human environments. For this reason, DOI bureaus have already begun their strategic plans to respond to those changes and to prepare for others that may take place in the future.
A copy of DOI's strategic plan (including updates that have been made during FY 1998) can be seen on our web site at this address:
http://www.doi.gov/master2.html
Bureaus and Offices Within DOI
The following are brief descriptions of the regulatory functions of DOI's major regulatory bureaus and offices.
Office of the Secretary, Office of Environmental Policy and Compliance
The regulatory functions of the Office of Environmental Policy and Compliance (OEPC) stem from requirements under section 301(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA). Section 301(c) requires the development of natural resource damage assessment rules and the biennial review and revision, as appropriate, of these rules. Rules have been promulgated for the optional use of natural resource trustees to assess compensation for damages to natural resources caused by hazardous substances. OEPC is overseeing the study and possible promulgation of additional rules pursuant to section 301(c)(2) and the review and possible revision of the existing rules in compliance with section 301(c)(3).
In undertaking DOI's responsibilities under section 301(c), OEPC is striving to meet three regulatory objectives: (a) That the minimum amount of regulation necessary be developed; (b) that the assessment process provide for tailoring to specific discharges or releases; and (c) that the process not be considered punitive, but rather a system to achieve fair and just compensation for injuries sustained.
Bureau of Indian Affairs
The philosophy of the Bureau of Indian Affairs (BIA) is to encourage the development and management of human and other resources among American Indians and Alaska Natives, to encourage tribal assumption of BIA programs, and to fulfill trust and other responsibilities of the U.S. Government. BIA regulatory actions serve to balance its dual role as: (a) Advocate in assisting tribes and encouraging their participation in BIA programs and (b) trustee protecting and/or enhancing American Indian trust resources.
Important BIA programs are promulgated through regulations, rather than informal guidelines, so that American Indians are aware of and have an opportunity to participate in the development of standards and procedures affecting them. BIA regulatory policies seek to accomplish the following: (a) Ensure consistent policies throughout American Indian country; (b) promote American Indian involvement in the operation, management, planning, and evaluation of BIA programs and services; (c) provide guidance to applicants for BIA services; and (d) govern the development of American Indian lands and provide for the protection of American Indian treaty and statutory rights.
BIA's regulatory program is designed (a) to promote American Indian self-determination, (b) to provide American Indians and Alaska Natives with high-quality education and tribal development opportunities, (c) to meet BIA's trust responsibilities, and (d) to meet the needs of tribes and their members.
Bureau of Land Management
The Bureau of Land Management manages about 268 million acres of land surface and about 570 million acres of mineral estate in the 17 coterminous western States and Alaska and the 31 States east of or adjoining the Mississippi River. These lands consist of extensive grasslands, forests, mountains, arctic tundra, and deserts. Resources on the lands include energy and minerals, timber, forage, wild horse and burro populations, habitat for fish and wildlife, wilderness areas, and archeological and cultural sites. BLM manages these lands and resources for multiple use and the sustained yield of renewable resources. Primary statutes under which the Agency must operate include: The Federal Land Policy and Management Act of 1976; the General Mining Law of 1872; the Mineral Leasing Act of 1920, as amended; the Recreation and Public Purposes Act; the Taylor Grazing Act; and the Wild, Free-Roaming Horses and Burros Act.
The regulatory program mirrors statutory responsibilities and Agency objectives. Agency objectives include:
¤ Providing for a wide variety of public uses without compromising the long-term health and diversity of the land and without sacrificing significant natural, cultural, and historical resource values;
¤ Understanding the arid, semi-arid, arctic, and other ecosystems we manage and committing to using the best scientific and technical information to make resource management decisions;
¤ Understanding the needs of the public that use BLM-managed lands and providing them with quality service;
¤ Committing to recovering a fair return for using publicly owned resources and avoiding the creation of long-term liabilities for American taxpayers; and
¤ Resolving problems and implementing decisions in cooperation with other agencies, States, tribal governments, and the public.
The regulatory program contains its own objectives. These include preparing regulations that:
¤ Are the product of coordination and consultation with all affected members of the public;
¤ Are understandable to the general public, especially those to whom they are directly applicable; and
¤ Are reviewed periodically to determine whether or not BLM still needs them and whether or not they need to be updated to reflect statutory and policy changes.
Minerals Management Service
The Minerals Management Service (MMS) has two major responsibilities: (1) Timely and accurate collecting, distributing, accounting for, and auditing of revenues owed by holders of Federal onshore, offshore, and tribal land mineral leases in a manner that meets or exceeds Federal financial integrity requirements and recipient expectations and (2) management of the resources of the Outer Continental Shelf in a manner that provides for safety, protection of the environment, and conservation of natural resources. These responsibilities are carried out under the provisions of the Federal Oil and Gas Royalty Management Act, the Minerals Leasing Act, the Outer Continental Shelf Lands Act, the Indian Mineral Leasing Act, and other related statutes.
The regulatory philosophy of MMS is to develop clear, enforceable rules that support the missions of each program. For the Offshore Program, MMS will issue final regulations implementing the Deep Water Royalty Relief Act. MMS will also publish a final rule to address financial responsibility under the Oil Pollution Act of 1990. MMS will continue to review rules and issue amendments in response to new technology and new industry practices.
MMS also plans to continue its review of existing regulations and to issue rules to refine the royalty management regulations in chapter II of 30 CFR. Revisions to the royalty management regulations cover oil and gas valuation of Federal and Indian leases. The Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 will require numerous additional changes to the royalty management regulations, including the delegation of royalty collection and related activities to States.
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) 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.''
The principal regulatory provisions contained in title V of SMCRA set minimum requirements for obtaining a permit for surface coal mining operations, set standards for surface coal mining operations, require land reclamation once mining ends, and require rules and enforcement procedures to ensure that the standards are met. Under SMCRA, OSM serves as the primary enforcer of SMCRA until the States achieve ``primacy''; that is, until they demonstrate that their regulatory programs meet all the specifications in SMCRA and have regulations consistent with those issued by OSM.
A primacy State takes over the permitting, inspection, and enforcement activities of the Federal Government. OSM then changes its role from regulating mining activities directly to overseeing and evaluating State programs. Today, 24 of the 27 key coal-producing States have primacy. In return for assuming primacy, States are entitled to regulatory grants and to grants for reclaiming abandoned mine lands. In addition, under cooperative agreements, some primacy States have agreed to regulate mining on Federal lands within their borders. Thus, OSM regulates mining directly only in nonprimacy States, on Federal lands in States where no cooperative agreements are in effect, and on American Indian lands.
SMCRA charges OSM with the responsibility of publishing rules as necessary to carry out the purposes of the Act. The most fundamental mechanism for ensuring that the purposes of SMCRA are achieved is the basic policy and guidance established through OSM's permanent regulatory program and related rulemakings. Its regulatory framework is developed, reviewed, and applied according to policy directives and legal requirements.
Litigation by the coal industry and environmental groups is responsible for some of the rules now being considered by OSM. Others are the result of efforts by OSM to address areas of concern that have arisen during the course of implementing OSM's regulatory program, and one is the result of legislation.
OSM has sought to develop an economical, safe, and environmentally sound program for the surface mining of coal by providing a stable and consistent regulatory framework.
At the same time, however, OSM has recognized the need (a) to respond to local conditions, (b) to provide flexibility to react to technological change, (c) to be sensitive to geographic diversity, and (d) to eliminate burdensome recordkeeping and reporting requirements that over time have proved unnecessary to ensure an effective regulatory program.
Major regulatory objectives regarding the mining of surface coal include:
¤ Continuing outreach activities with interested groups during the rulemaking process to increase the quality of the rulemaking process, improve the substance of the rules, and, to the greatest extent possible, reflect consensus on regulatory issues;
¤ Minimizing the recordkeeping and regulatory compliance burden during rulemaking; and
¤ Publishing final rules to implement the Energy Policy Act of 1992, Public Law 102-486.
U.S. Fish and Wildlife Service
The U.S. Fish and Wildlife Service has three basic mission objectives:
¤ To assist in the development and application of an environmental stewardship ethic based on ecological principles and scientific knowledge of fish and wildlife;
¤ To guide the conservation, development, and management of the Nation's fish and wildlife resources; and
¤ To administer a national program to provide the public with opportunities to understand, appreciate, and wisely use fish and wildlife resources.
These objectives are met through the following regulatory programs:
¤ Management of Service lands, primarily national wildlife refuges;
¤ Management of migratory bird resources;
¤ Conservation of certain marine mammals and endangered species;
¤ Allowance of certain activities that would otherwise be prohibited by law; and
¤ Administration of grant and assistance programs.
The Service maintains a comprehensive set of regulations in the first category--those that govern public access, use, and recreation on more than 500 national wildlife refuges and in national fish hatcheries. Such uses are authorized only if they are compatible with the purpose for which each area was established, are consistent with State and local laws where practicable, and afford the public economic and recreational opportunity as appropriate. These regulations are developed and continually reviewed for improvements, with a substantial amount of public input, and are typically of limited geographical interest.
Management of migratory bird resources is covered by the second category of regulations, required by various international treaties. Annually, the Department issues a regulation on migratory bird hunting seasons and bag limits, developed in partnership with the States, American Indian tribal governments, and the Canadian Wildlife Service. Although issued annually, regulations such as these have been in existence for more than 50 years and have not significantly changed over that period of time. The regulations are necessary to permit migratory bird hunting that would otherwise be prohibited. Although recent declines in waterfowl populations have reduced the numbers of such birds that may be harvested, the regulations generally do not change significantly from one year to another.
The third category includes regulations to fulfill the statutory obligation to identify and conserve species faced with extinction. The basis for determining endangered species is limited by law to biological considerations, although priorities for allocating Service resources are established consistent with the President's policies (by directing the Service's efforts to species most threatened and those whose protection is of the most benefit to the natural resource). Included in this program are regulations to enhance the conservation of listed species and of marine mammals for which DOI has management responsibility. This program also contains regulations that provide guidance to other Federal agencies to assist them in complying with section 7 of the Endangered Species Act, which requires them not to conduct activities that would jeopardize the existence of endangered species or adversely modify critical habitat of listed species. In designating critical habitat, the Service considers biological information and economic and other impacts of the designation. Areas may be excluded from the designation where the benefits of exclusion outweigh the benefits of inclusion, provided that the exclusion will not result in the extinction of the species.
The fourth category--the Service's regulatory program that permits activities otherwise prohibited by law--entails regulating possession, sale or trade, scientific research, and educational activities involving fish and wildlife and their parts or products. Generally, these regulations are supplemental to State protective regulations and cover activities that involve interstate or foreign commerce, which must comply with various laws and international obligations. The Service is continually working with foreign and State governments, the industry and individuals affected, and other interested parties to minimize the burdens associated with Service-related activities. The easing of such burdens through regulatory actions continues to balance the benefits that may be made available with the necessity to ensure adequate protection to the natural resource. Most of the regulatory activities are permissive in nature, and the concerns of the public generally center on technical issues.
The last category--the Service's assistance programs--includes a limited number of regulations necessary to ensure that assistance recipients comply with applicable laws and Office of Management and Budget (OMB) Circulars. Regulations in this program help the affected parties to obtain assistance and to comply with requirements imposed by Congress and OMB.
National Park Sevice
The National Park Service is dedicated to conserving the natural and cultural resources and values of the National Park System for the enjoyment, education, and inspiration of this and future generations. The Service is also responsible for managing a great variety of national and international programs designed to help extend the benefits of natural and cultural resource conservation and outdoor recreation throughout this country and the world.
There are more than 375 units in the National Park System, including national parks and monuments; scenic parkways, preserves, trails, riverways, seashores, lakeshores, and recreation areas; and historic sites associated with important movements, events, and personalities of the American past.
The National Park Service develops and implements park management plans and staffs the areas under its administration. It relates the natural values and historical significance of these areas to the public through talks, tours, films, exhibits, and other interpretive media. It operates campgrounds and other visitor facilities and provides, usually through concessions, lodging, food, and transportation services in many areas.
The National Park Service also administers the following programs: The State portion of the Land and Water Conservation Fund, Nationwide Outdoor Recreation coordination and information and State comprehensive outdoor recreation planning, planning and technical assistance for the National Wild and Scenic Rivers System, and the National Trails System, natural area programs, the National Register of Historic Places, national historic landmarks, historic preservation, technical preservation services, Historic American Buildings survey, Historic American Engineering Record, and interagency archeological services.
The National Park Service maintains a set of regulations that help manage public use, access, and recreation in units of the National Park System. The Service provides visitor and resource protection to ensure public safety and prevent derogation of resources. The regulatory program develops and reviews regulations, maintaining consistency with State and local laws, to allow such uses only if they are compatible with the purpose for which each area was established.
Bureau of Reclamation
The Bureau of Reclamation's mission is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public. To accomplish this mission, Reclamation applies management, engineering, and scientific skills that result in effective and environmentally sensitive solutions.
Reclamation projects provide for some or all of the following concurrent purposes: Irrigation water service, municipal and industrial water supply, hydroelectric power generation, water quality improvement, groundwater management, fish and wildlife enhancement, outdoor recreation, flood control, navigation, river regulation and control, system optimization, and related uses.
The Bureau's regulatory program is designed to ensure that its mission is carried out expeditiously and efficiently.