Document 8V7J0g2JgR40kYp48k9pbYJM5

From: To: Subject: Date: Attachments: Weber, Wendi Charisa Morris Fwd: Transition planning update 3/30/17 Tuesday, April 4, 2017 10:44:18 AM so 3349 -american energy independence.pdf Hi can you please send me a copy of our response to SO 3347. We haven't seen that. Thank you -----------Forwarded message-----------From: Guertin, Stephen <stephen_guertin@fws.gov> Date: Thu, Mar 30, 2017 at 10:57 AM Subject: Transition planning update 3/30/17 To: FWS Directorate & Deputies <fwsdirectanddep@fws.gov> The Secretary has signed four Secretarial Orders to date. We have taken action on the first one; have turned in our assignments for the second one and are now supporting the Department's efforts; and have several key assignments coming off the fourth one. 1. We have already taken steps to implement SO 3346 to revoke Director's Order No 219 on the use of nontoxic ammunition and fishing tackle. 2. We have just turned in our detailed response and recommendations on SO 3347 on Conservation Stewardship and Outdoor Recreation (access and outdoor recreation). We had thirty days to complete this very detailed and ambitious deliverable which will now be reviewed by the DOI political leadership team, formulated into a Secretarial Action Plan, and shared with the Wildlife Hunting Heritage Conservation Council and Sport Fishing and Boating Partnership Council for their feedback and recommendations for a final Secretarial Action Plan. We will continue to support these policy level conversations as they move forward. 3. SO 3348 overturns the 2016 moratorium on all new coal leases on federal land and ends the programmatic environmental impacts statement that was set to be completed no sooner than 2019. 4. The Secretary has just signed out SO 3349 on American energy independence and this also launches several specific assignments for us on very short timeframes - we have two to three weeks for each assignment. (Much as we did with SO 3347 we will convene a cross-program team to identify the deliverables, assign lead responsibilities, and set up periodic check ins as we work toward a final product). SO 3349 tiers off of the just-released and broader Executive Order on energy. SO 3349 "energy independence" order revokes the previous Administration's mitigation directive, ordering each bureau and office to "reconsider, modify, or rescind" related policies on mitigation or climate change. SO 3349 directs the Bureau of Land Management to "expeditiously" rescind its hydraulic fracturing regulations and gave BLM 21 days to review the methane flaring rule to determine whether it's "fully consistent" with the EO. SO 3349 gives the directors of the National Park Service and Fish and Wildlife Service 21 days from yesterday to reconsider their oil and gas rules. SO 3349 gave all bureaus and offices 21 days to identify regulations that potentially burden the "development or utilization of domestically produced energy resources, with particular attention to oil, natural gas, coal and nuclear resources." The deputy Interior secretary then has six days to produce a plan to comply with the EO energy order. Wendi Weber Regional Director Department of the Interior U.S. Fish and Wildlife Service 300 Westgate Center Drive Hadley, MA 01035-9589 413/253-8300 413/253-8308fax 413/531-5163cell wendi_weber@fws.gov THE SECRETARY OF TH E INTERIOR WASHINGTON ORDER NO. 3 3 4 9 Subject: American Energy Independence Sec. 1 Purpose. This Order implements the review of agency actions directed by an Executive Order signed by the President on March 28, 2017 and entitled "Promoting Energy Independence and Economic Growth" (March 28, 2017 E.O.). It also directs a reexamination of the mitigation policies and practices across the Department of the Interior (Department) in order to better balance conservation strategies and policies with the equally legitimate need of creating jobs for hard-working American families. Sec. 2 Authorities. This Order is issued under the authority of Section 2 of Reorganization Plan No. 3 of 1950 (64 Stat. 1262), as amended, and other applicable statutory authorities. Sec. 3 Background. Among other provisions, the March 28, 2017 E.O. directs the Department to review all existing regulations, orders, guidance documents, policies, and any other similar actions that potentially burden the development or utilization of domestically produced energy resources. A plan to carry out the review must be submitted to the Director of the Office of Management and Budget (0MB) and to certain other White House officials within 45 days of the date of the March 28, 2017 E.O. The objective of the review is to identify agency actions that unnecessarily burden the development or utilization of the Nation's energy resources and support action to appropriately and lawfully suspend, revise, or rescind such agency actions as soon as practicable. The March 28, 2017 E.O. also directs the Department to promptly review certain specific actions recently taken by the Department, in particular Secretary's Order 3338, "Discretionary Programmatic Environmental Impact Statement to Modernize the Federal Coal Program," and four rules related to onshore oil and gas development. The March 28, 2017 E.O. also rescinds certain Presidential Actions, reports, and final guidance related to climate change, including: a. E.O. 13653 of November 6, 2013 (Preparing the United States for the Impacts of Climate Change); b. Presidential Memorandum of June 25, 2013 (Power Sector Carbon Pollution Standards); and c. Presidential Memorandum of September 21,2016 (Climate Change and National Security). 2 The March 28, 2017 E.O. directs the Department to identify agency actions "related to or arising from" the rescinded Presidential Actions, reports, and guidance, and to initiate a lawful and appropriate process to suspend, revise, or rescind such actions. The March 28, 2017 E.O. also rescinds the Presidential Memorandum issued on November 3, 2015, entitled "Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment." That Memorandum directed the Secretary of the Interior, among other Cabinet officials, to undertake a number of actions to implement a landscape-scale mitigation policy, including specific directions to the Bureau of Land Management (BLM) and the Fish and Wildlife Service (FWS) to develop mitigation policies that incorporated compensatory mitigation into planning and permitting processes. Secretary's Order 3330, "Improving Mitigation Policies and Practices of the Department of the Interior," dated October 13, 2013, is directly related to the rescinded Presidential Memorandum on mitigation. Secretary's Order 3330 dovetails with the subsequently issued Presidential Memorandum by directing the development and implementation of a landscape-scale mitigation policy for the Department. As directed by the Order, the Secretary received a report in April 2014 entitled, "A Strategy for Improving Mitigation Policies and Practices of the Department of the Interior." The Strategy set forth a number of "deliverables" by nearly every office and bureau within the Department to advance the stated goal of "landscape-scalemitigation." Given the close nexus between the rescinded Presidential Memorandum and Secretary's Order 3330, a thorough reexamination is needed of the policies set out in that Order. Sec. 4 Policy. To begin implementing the March 28, 2017 E.O., I hereby order the following: a. Revocation of Secretary's Order 3330. I hereby revoke Secretary's Order 3330, "Improving Mitigation Policies and Practices of the Department of the Interior," dated October 31, 2013. As set forth below, all actions taken pursuant to Secretary's Order 3330 must be reviewed for possible reconsideration, modification, or rescission as appropriate. b. Review of Department Actions. As set forth in Sec. 5 below, each bureau and office shall review all existing regulations, orders, guidance documents, policies, instructions, notices, implementing actions, and any other similar actions (Department Actions) related to or arising from the Presidential Actions set forth above and, to the extent deemed necessary and permitted by law, initiate an appropriate process to suspend, revise, or rescind any such actions, consistent with the policies set forth in the March 28, 2017 E.O. 3 Sec. 5 Implementation. The following actions shall be taken pursuant to this Order: a. Mitigation PolicyReview. (i) Within 14 days of the date of this Order, each bureau and office head shall provide to the Deputy Secretary, through their Assistant Secretary, all Department Actions they have adopted or are in the process of developing relating to (1) the Presidential Memorandum dated November 3, 2015, "Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment" and (2) Secretary's Order 3330. (ii) Within 30 days of the date of this Order, the Deputy Secretary shall inform the Assistant Secretaries whether to proceed with reconsideration, modification, or rescission as appropriate and necessary of any Department Actions they have adopted or are in the process of developing relating to (1) the Presidential Memorandum dated November 3, 2015, "Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment" and (2) Secretary's Order 3330. (iii) Within 90 days of the date of this Order, each bureau and office required to reconsider, modify, or rescind any such Department Action, shall submit to the Deputy Secretary, through.their Assistant Secretary, a draft revised or substitute Department Action for review. b. Climate Change Policy Review. (i) Within 14 days of the date of this Order, each bureau and office head shall provide to the Deputy Secretary, through their Assistant Secretary, all Department Actions they have adopted, or are in the process of developing, relating to the Presidential Actions, reports, and guidance that are rescinded by the March 28, 2017 E.O., in particular: Executive Order 13653 of November 6, 2013 (Preparing the United States for the Impacts of Climate Change); Presidential Memorandum of June 25, 2013 (Power Sector Carbon Pollution Standards); Presidential Memorandum of September 21, 2016 (Climate Change and National Security); Report of the Executive Office of the President of June 2013 (The President's Climate Action Plan); Report of the Executive Office of the President of March 2014 (Climate Action Plan Strategy to Reduce Methane Emissions); and the Council on Environmental Quality's final guidance entitled "Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews," 81 Fed. Reg. 51866 (August 5,2016). (ii) Within 30 days of the date of this Order, the Deputy Secretary shall inform the Assistant Secretaries whether to proceed with reconsideration, modification, or rescission as appropriate and necessary of any Department Actions identified in the review required by subsection (i) above. 4 (iii) Within 90 days of the date of this Order, each bureau and office required to reconsider, modify, or rescind any such Department Action, shall submit to the Deputy Secretary, through their Assistant Secretary, a draft revised or substitute Department Action, for review. c. Review of Other Department Actions Impacting Energy Development. (i) As previously announced by the Department, BLM shall proceed expeditiously with proposing to rescind the final rule entitled, "Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands," 80 Fed. Reg. 16128 (Mar. 26, 2015). (ii) Within 21 days, the Director, BLM shall review the final rule entitled, "Waste Prevention, Production Subject to Royalties, and Resource Conservation," 81 Fed. Reg. 83008 (January 17, 2017), and report to the Assistant Secretary Land and Minerals Management on whether the rule is fully consistent with the policy set forth'in Section 1 of the March 28, 2017 E.O. (iii) Within 21 days, the Director, National Park Service shall review the final rule entitled, "General Provisions and Non-FederalOil and Gas Rights," 81 Fed. Reg. 77972 (Nov. 4, 2016), and report to the Assistant Secretary for Fish and Wildlife and Parks on whether the rule is fully consistent with the policy set forth in Section 1 of the March 28, 2017 E.O. (iv) Within 21 days, the Director, FWS shall review the final rule entitled, "Management ofNon-Federal Oil and Gas Rights," 81 Fed. Reg. 79948 (Nov. 14, 2016), and report to the Assistant Secretary for Fish and Wildlife and Parks on whether the rule is fully consistent with the policy set forth in Section 1 of the March 28, 2017E.O. (v) Within 21 days, each bureau and office head shall provide to the Deputy Secretary, through their Assistant Secretary, a report that identifies all existing Department Actions issued by their bureau or office that potentially burden (as that term is defined in the March 28, 2017 E.O.) the development or utilization of domestically produced energy resources, with particular attention to oil, natural gas, coal, and nuclear resources. (vi) Within 35 days, the Deputy Secretary shall provide to me a plan to complete the review of Department Actions contemplated by Section 2 of the March 28, 2017 E.O. The plan must meet all objectives and time lines set forth in the March 28, 2017 E.O. Sec. 5 Effect of the Order. This Order is intended to improve the internal management of the Department. This Order and any resulting reports or recommendations are not intended to, and do not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, 5 instrumentalities or entities, its officers or employees, or any other person. To the extent there is any inconsistency between the provisions of this Order and any Federal laws or regulations, the laws or regulations will control. Sec. 6 Expiration Date. This Order is effective immediately. It will remain in effect