Land Protection Planning

TABLE OF CONTENTS

OVERVIEW

2.1 What is the purpose of this chapter? This chapter establishes policy for the U.S. Fish and Wildlife Service (Service) to implement National Wildlife Refuge System (Refuge System) land protection planning consistent with 602 FW 5, Strategic Growth Policy (see 602 FW 1, Exhibit 1 for a definition of “ national wildlife refuge national wildlife refuge
A national wildlife refuge is typically a contiguous area of land and water managed by the U.S. Fish and Wildlife Service  for the conservation and, where appropriate, restoration of fish, wildlife and plant resources and their habitats for the benefit of present and future generations of Americans.

Learn more about national wildlife refuge ”). The term “land” includes both land and water, as defined in 602 FW 1, Exhibit 1.

2.2 What are the authorities for this chapter? See 602 FW 1 for a list of planning authorities and 340 FW 1 and 340 FW 1, Exhibit 1 for a list of real property acquisition authorities.

2.3 What is the scope of this chapter? 

A. This chapter applies to the administrative establishment, expansion, and modification of approved acquisition boundaries for refuges that the Service manages for the protection and conservation of fish, wildlife, plants, and their habitats, as determined in writing by the Director. It also applies to the evaluation of areas outside of the Refuge System that serve the Refuge System mission and meet biological priorities for the protection and conservation of fish, wildlife, plants, and their habitats (see 602 FW 1, Exhibit 1 for a definition of “National Wildlife Refuge System mission”).

(1) This chapter applies to planning for land, water, or interests in land or water administered by the Service as part of the Refuge System, excluding Coordination Areas (see 602 FW 1, Exhibit 1 for a definition of “Coordination Area”). The term “land” includes both land and water, as defined in 602 FW 1, Exhibit 1. 

(2) The scope does not include areas in Alaska because 16 U.S.C. 3213 (a section of the Alaska National Interest Lands Conservation Act [ANILCA]) limits our ability to conduct administrative withdrawals of public lands and prohibits planning for new conservation system units in Alaska. ANILCA guides Alaska refuge boundary expansions and modifications.

B. The scope includes all approved acquisition boundaries.

(1) An acquisition boundary (also known as an approved acquisition boundary) is a defined area within which we are authorized to acquire all the acreage within that boundary (see 602 FW 1, Exhibit 1 for a full definition of “acquisition boundary”).

(2) A limited acquisition boundary (also known as an approved limited acquisition boundary) is a defined area within which we are authorized to acquire a specified, limited amount of acreage within a larger area (see 602 FW 1, Exhibit 1 for a full definition of “limited acquisition boundary”).

2.4 What terms do you need to know to understand this chapter? See 602 FW 1, Exhibit 1, for a glossary of terms. 

2.5 What is the Service’s overall policy for land protection planning? 

A. The Service uses the land protection planning process to consider habitat protection measures needed to meet Refuge System goals. Our land protection procedures also help us to ensure that the strategic growth of the Refuge System is based on explicit priorities, rigorous biological planning, and landscape planning and design that support achieving measurable objectives that we develop in coordination with Federal and State agencies, Tribes, the Native Hawaiian Community, local agencies, territories, partners and other stakeholders (see 602 FW 1, Exhibit 1 for definitions of “objective,” “biological planning,” “landscape planning and design,” “Tribes,” “Native Hawaiian Community,” and “stakeholders”). 

B. The Service plans and directs the continued growth of the Refuge System in a manner that is best designed to accomplish its mission (see 602 FW 5) and, where possible, contribute to shared visions in relevant landscape plans (see 602 FW 1, Exhibit 1 for definitions of “vision” and “landscape plan”). 

C. We use a deliberate, iterative, and transparent land protection planning process to evaluate project proposals for new refuges or major refuge expansions (see 602 FW 1, Exhibit 1 for a definition of “project proposal”). 

D. We seek to acquire from willing sellers the minimum interest in land necessary to meet refuge management objectives. 

E. All land protection planning must be consistent with the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997 (Administration Act, as amended) and any other applicable laws and regulations, including the National Environmental Policy Act (NEPA).

F. We follow naming conventions for Refuge System units as we describe in 040 FW 2, Naming and Renaming Units and Sites.

2.6 What are the goals of land protection planning? Our goals for land protection planning are to (see 602 FW 1, Exhibit 1 for a definition of “goal”):

A. Ensure that growth of the Refuge System:

(1) Continues in a strategic manner designed to accomplish the mission of the Refuge System;

(2) Furthers ecological connectivity, including continuous habitat and facilitation of wildlife corridors, within the Refuge System and between Refuge System lands and other public and private lands that support wildlife;

(3) Contributes to the conservation of the ecosystems of the United States (see 602 FW 1, Exhibit 1 for a definition of “ecosystem”); and

(4) Increases support for the Refuge System.

B.  Ensure participation in refuge land protection planning by Federal and State agencies, Tribes, Alaska Native Corporations (ANC), Alaska Native Organizations (ANO), the Native Hawaiian Community, local agencies, and territories, and complement their efforts to conserve fish and wildlife and their habitats (see 602 FW 1, Exhibit 1 for a definition of “conserve”).

C. Provide an open forum and process for adjacent landowners, partners, and other stakeholders to participate in the land protection planning process.

D. Ensure our land protection planning process considers our role in the landscape by supporting broader landscape planning and design, serving the Refuge System mission and goals (601 FW 1), and integrating with the land protection efforts of our conservation partners (see 602 FW 1, Exhibit 1 for a definition of “landscape”). 

E. Concentrate our limited resources during land protection planning on making the greatest contribution to conservation.

F. Use the land protection planning process to help us maintain and, where appropriate, restore and enhance the Biological Integrity, Diversity, and Environmental Health (BIDEH) of the Refuge System (see 601 FW 3).

G. Ensure future growth furthers an ecologically connected network of public and private lands that are resilient and support a broad range of species under changing conditions (see 602 FW 5).

RESPONSIBILITIES

2.7 Who is responsible for land protection planning? See Table 2-1.

Table 2-1: Responsibilities for Land Protection Planning

LAND PROTECTION PLANNING PROCESS

2.8 What are the planning requirements when the Refuge System is considering acquiring land? The Refuge System acquires land within acquisition boundaries after staff complete the appropriate land protection planning. 

A. New refuges. We conduct land protection planning for proposed new refuges in three phases: preplanning, developing an LPS, and developing an LPP (see 602 FW 1, Exhibit 1 for a definition of “preplanning”). The Director’s approval is required at two different steps in the planning process. See section 2.9 for more information. 

B. Major expansions. A major expansion is when the total acreage authorized for acquisition at a refuge is increased by either: 1) a cumulative total of more than 15 percent of the acquisition acreage approved by the President, the Secretary, the Director, or Congress; or 2) a cumulative total of more than 50 acres, whichever is greater. These expansions require the Director’s approval and follow the same planning process as new refuges. See section 2.9 for more information.

C. Minor expansions. A minor expansion is when the total acreage authorized for acquisition at a refuge is increased by either: 1) a cumulative total of 15 percent or less of the acquisition acreage approved by the President, the Secretary, the Director, or Congress; or 2) a cumulative total of 50 or fewer acres, whichever is greater. Minor expansions must be contiguous with or adjacent to (within 1 mile) the established unit. Regional Directors may approve minor expansions without completing an LPS or an LPP. See section 2.14 for more information.

D. Minor acquisition boundary modifications. We may modify existing acquisition boundaries to remove a cumulative total of up to 15 percent of a refuge’s total authorized acquisition acreage and replace it with a similar amount of acquisition acreage that is in a different location, but adjacent to the refuge’s acquisition boundary. See section 2.15 for more information.

E. Ownerships that are partially inside and partially outside acquisition boundaries. 

(1) When acquiring ownerships that extend outside an acquisition boundary or that exceed the authorized acquisition acreage, we must: 

     (a) Follow the major or minor expansion processes described above, 

     (b) Follow the boundary modification process described above, or 

     (c) Divest of that portion of the property that is outside the boundary. 

(2) Portions of ownerships outside an acquisition boundary or in excess of the authorized acquisition acreage count toward the minor expansion limits when acquired, unless they are divested. This includes uneconomic remnants, which includes portions of a landowner’s property that may be outside the authorized acquisition boundary but which the United States must offer to purchase, to avoid leaving a landowner with a residual parcel that has little or no value or utility to them. 

(3) Portions of ownerships acquired outside an acquisition boundary or in excess of the authorized acquisition acreage are non-Refuge System lands and must be brought into an approved acquisition boundary if they are to become part of the Refuge System. The Service must divest itself of these lands within 2 years of acquisition if they are not brought into the boundary through the major expansion process, minor expansion process, or boundary modification process.

2.9 What is the land protection planning process for the creation of new refuges and major expansions of existing refuges? The Refuge System conducts land protection planning in three phases: preplanning, developing an LPS, and developing an LPP.

A. Preplanning. Preplanning includes participating in landscape planning and design with our partners, identifying priority conservation areas suitable for Refuge System land protection, and identifying the information and resources we may need to develop an LPS. 

B. Developing an LPS. An LPS is an initial concise proposal, typically three to six pages in length, to pursue creation of one or more new refuges or major expansions of one or more existing refuges, or both, within a landscape where the Service and its partners have completed landscape planning and design. Unless Congress authorizes the creation or expansion of a refuge, the Regional Director must obtain the Director’s approval of an LPS before starting to develop an LPP. 

C. Developing an LPP. Once the Director approves an LPS or Congress authorizes the creation of expansion of a refuge, an LPP is developed to fully evaluate the project proposal. The Refuge System uses LPPs to provide detailed information about the project proposal, including the proposed acquisition boundary, the amount of acreage and types of interests in land proposed for acquisition (e.g., fee or easement), and priorities for specific areas or types of habitats to protect through land acquisition; engage the public; inform landowners within the project area; and present a management plan for the lands proposed for protection. LPPs comply with other applicable laws, regulations, policies, and Executive Orders, including NEPA. Director’s approval of an LPP establishes the refuge’s approved acquisition boundary and authorizes Service land acquisition within that boundary.

2.10 How does the Refuge System coordinate with Tribes and the Native Hawaiian Community during land protection planning? The Refuge System must collaborate and coordinate with affected Tribes and the Native Hawaiian Community, through their respective appropriate representatives, on activities that may directly or indirectly affect their reserved and other rights, interests, practices, lands, and traditional use areas. Communications must be proactive, begin early in the planning process, and occur throughout various levels of our organization. We will use the best available data and solicit and consider information, Indigenous Knowledge (IK), and expertise of affected Tribal governments and Native Hawaiian organizations in our planning processes, agency actions, and determinations (see 510 FW 1). (Also see 602 FW 1, Exhibit 1 for definitions of “Indigenous Knowledge” and “Native Hawaiian organizations.”)

2.11 How does the Refuge System coordinate with the States and territories during land protection planning? We coordinate with the appropriate State and territorial agencies in accordance with our policy at 601 FW 7, Coordination and Cooperative Work with State Fish and Wildlife Agencies, and make it a priority to ensure that our conservation goals and strategies are providing the greatest conservation benefits possible across the landscape. 

2.12 How does the Refuge System involve other stakeholders during land protection planning? Because land protection planning affects local communities and adjacent landowners, the Refuge System recognizes that our planning processes provide an important opportunity to be open and transparent with our partners and other stakeholders on the management direction of a refuge. We recognize that we have an obligation to coordinate with them and involve them in the planning processes.

2.13 What is the outcome of the Director’s review and approval of an LPP? 

 A. The Director’s approval of an LPP authorizes an acquisition boundary within which we may offer to acquire lands and interests in land. 

B. A new refuge is established when we acquire interest in the first tract of land. Naming of the unit will follow the criteria provided in 040 FW 2.

MINOR EXPANSIONS AND BOUNDARY MODIFICATIONS

2.14 How does the Refuge System conduct minor expansions? Regional Directors may approve minor expansions as we describe below and without completing an LPS or an LPP: 

A. To calculate the 15 percent or 50-acre limit on minor expansions (see section 2.8C), staff may only apply the most recent acquisition acreage that has been approved by the President, Secretary, Director, or Congress. In the calculation, staff must not include subsequent minor expansions or boundary modifications that a Regional Director has approved.

B. Expansions may increase the size of an acquisition boundary or, in the case of a limited acquisition boundary, increase the authorized acquisition acreage without altering the boundary.

C. These minor expansions must be contiguous or adjacent to the established unit and clearly necessary for the purposes of the refuge and the mission of the Refuge System (see 602 FW 1, Exhibit 1 for a definition of “purposes of the refuge”). We define “adjacent” as located within 1 mile of the most recent acquisition boundary that has been approved by the President, Secretary, Director, or Congress (not from minor expansions the Regional Director has previously approved). 

D. Minor expansions may not include lands presently or formerly held by the Department of Defense, the Department of Energy, the U.S. Coast Guard, or the National Guard if the potential post-acquisition demolition, environmental cleanup, or liability costs are estimated to be greater than $250,000, regardless of who will bear such costs.

E. All applicable statutory and regulatory compliance requirements apply as would be required for any refuge expansion, and Refuge System staff must complete them as part of the minor boundary expansion process.

F. If a Region has expanded an acquisition boundary by either a cumulative total of 15 percent of the authorized acquisition acreage or 50 acres, whichever is greater, then the Director’s approval of an LPS and an LPP is required to further expand the acquisition boundary.

2.15 How does the Refuge System conduct minor acquisition boundary modifications? 

A. Some lands within a refuge’s acquisition boundary may no longer serve the refuge purposes or the Refuge System’s mission due to development, urban sprawl, or environmental changes, such as sea-level rise. In these instances, it may be appropriate to:

(1) Modify a previously approved acquisition boundary to remove areas where acquisition would no longer support or would insufficiently support refuge purposes or the Refuge System mission; and 

(2) Replace them with lands that, if acquired, would better align with the Refuge System mission, refuge purposes, and the priorities for the growth of the Refuge System we describe in 602 FW 5.

B. For a minor acquisition boundary modification, we may remove a cumulative total of up to 15 percent of a refuge’s total authorized acquisition acreage and replace it with acquisition acreage that is in a different location but adjacent (see section 2.14B) to the refuge’s acquisition boundary.

C. To maintain the integrity of the acquisition boundary, the acreage of the areas added and removed from the boundary must be approximately equal.

D. The approval level for a minor acquisition boundary modification depends on the nature of the land to be removed and replaced as follows:

(1) The Regional Director may approve minor acquisition boundary modifications that remove and replace unacquired areas from an acquisition boundary where acquisition no longer supports the Refuge System mission or refuge purposes.

(2) The Director must approve any minor acquisition boundary modifications that remove and replace unacquired areas from an acquisition boundary that, if acquired, would have supported the mission of the Refuge System or refuge purposes.

E. If the net change in acreage from a boundary modification results in the addition of acreage, although minimal, these acres count toward the minor expansion limits. 

F. These refuge boundary modifications are exempt from LPS and LPP requirements. However, after the Director or Regional Director has approved a modification to an acquisition boundary by removing and replacing a cumulative total of 15 percent of the original authorized acquisition acreage, then the Director’s approval of an LPS and an LPP is required to make further acquisition boundary modifications that involve removing and replacing acreage.

G. All applicable statutory and regulatory compliance requirements apply as would be required for any minor acquisition boundary modification, and Refuge System staff must complete them as part of the minor acquisition boundary modification process.