United States Department of the Interior                                        FISH AND WILDLIFE SERVICE                                                   Washington, D.C. 20240

NATIONAL POLICY ISSUANCE #89-03

SUBJECT: Land Acquisition Policy

A. POLICY: The Fish and Wildlife Service will acquire lands and waters, consistent with legislation or other congressional guidelines and Executive Orders, for the conservation of fish and wildlife and its related habitat and to provide wildlife-oriented public use for educational and recreational purposes. Basic Service policy is to acquire land only when other means, such as zoning or regulation, of achieving program goals and objectives are not appropriate, available or effective (summary). The complete policy is appended.

B. SCOPE: Servicewide.

C. IMPLEMENTATION: When lands are to be acquired, the minimum interest necessary to reach management objectives is to be acquired or retained. If fee title is required, full consideration will be given to extended use reservations, exchanges or other alternatives that will lessen impact on the owner and the community. Donations of desired lands or interests will be encouraged.

D. AUTHORITIES: See Appendix.

E. INCORPORATION: This issuance incorporates the Service's existing policy on land acquisition into the National Policy Issuance System. The policy was promulgated by the Director on October 29, 1982.
 
 

Date: 3/15/89 FRANK DUNKLE

Director

The Fish and Wildlife Service will acquire lands and waters consistent with the legislation or other congressional guidelines and Executive orders, for the conservation of fish and wildlife and its related habitat and to provide wildlife-oriented public use for educational and recreational purposes.

Basic Service policy is to acquire land only when other means, such as zoning or regulation, of achieving program goals and objectives are not appropriate, available, or effective. When lands are to be acquired, the minimum interest necessary to reach management objectives is to be acquired or retained. If fee title is required, full consideration will be given to extended use reservations, exchanges, or other alternatives that will lessen impact upon the owner and the community. Donations of desired lands or interests will be encouraged.

To carry out this policy, where there is evidence of a need for additional resource protection at any proposed or existing refuge, fish hatchery, research station, or similar facility, a Land Protection Plan shall be developed which conforms to Departmental and Service policies and applicable laws. The plan shall be simple, concise, and prepared with appropriate public participation and shall consider among other factors the socio-cultural impacts of implementation.

In terms of various authorizing acts and other congressional mandates, acquisition units are divided into two categories for purpose of land acquisition policy. They are:

Specifically Authorized Areas

In those areas specifically authorized by Act of Congress, acquisition is carried out in accordance with the policies prescribed by Congress in the authorizing legislation.

General Authorization Areas

Acquisitions in areas under general authorities such as the Migratory Bird Conservation Act, the Fish and Wildlife Act of 1956, the Endangered Species Act, Migratory Bird Hunting and Conservation Stamp Act, and Refuge Recreation Act of 1962, shall be on a willing seller basis. However, the Service may acquire land through litigation in order to prevent uses which would cause irreparable damage to the resources for which the unit was established to protect or in order to effectively manage and develop the unit. Requests to the Solicitor to initiate condemnation will be made only after receiving prior approval from the Director and notice to the landowner.

Approved:

ROBERT A. JANTZEN 10/29/92 Director, Fish and Wildlife Service Date

Policy adopted August 16, 1977

Revised June 15, 1979

Revised December 12, 1980

Revised August 27, 1982