, 64250-64256 [X09-121207]

[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64250-64256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: X09-121207]


[[Page 64250]]




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. We serve as trustee to Native Americans and Alaska 
natives and are responsible for relations with the island territories 
under United States jurisdiction. We manage more than 500 million acres 
of Federal lands, including 391 park units, 548 wildlife refuges, and 
approximately 1.7 billion of submerged offshore acres. This includes 
some of the highest quality renewable energy resources available to 
help the United States achieve the President's goal of energy 
independence, including geothermal, solar, and wind. On March 30, 2009, 
President Barack Obama signed into law the Omnibus Public Land 
Management Act of 2009. The Act Congressionally established the Bureau 
of Land Management's National Landscape Conservation System (NLCS). The 
new law brings into NLCS nearly 928,000 acres of wilderness, one 
national monument, four conservation areas, 363 miles of wild and 
scenic rivers, and 40 miles of national scenic trails.
The Department protects and recovers endangered species; protects 
natural, historic, and cultural resources; manages water projects that 
are a life line and economic engine for many communities in the West; 
manages forests and fights wildfires; manages Federal energy resources; 
educates children in Indian schools; and provides recreational 
opportunities for over 400 million visitors annually in our national 
parks, public lands, national wildlife refuges, and recreation areas.
We will continue to review and update our regulations and policies to 
ensure that they are effective and efficient, and that they promote 
accountability and sustainability. We will emphasize regulations and 
policies that:
 Promote environmentally responsible and balanced development 
            of renewable and conventional energy on our public lands 
            and the Outer Continental Shelf;
 Use the best available science to ensure that public resources 
            are protected, conserved, and used wisely;
 Adopt performance approaches focused on achieving cost-
            effective, timely results;
 Improve the nation-to-nation relationship with American Indian 
            tribes;
 Promote partnerships with States, tribes, local governments, 
            other groups, and individuals to achieve common goals;
 Promote transparency, fairness, accountability, and the 
            highest ethical standards while maintaining performance 
            goals.
Major Regulatory Areas
DOI bureaus implement legislatively mandated programs through their 
regulations. Some of these regulatory activities include:
 Developing onshore and offshore energy, including renewable 
            energy, minerals, oil and gas, and other energy resources;
 Managing migratory birds and preservation of certain marine 
            mammals and endangered species;
 Managing dedicated lands, such as national parks, wildlife 
            refuges, NLCS lands, and American Indian trust lands;
 Managing public lands open to multiple use;
 Managing revenues from American Indian and Federal minerals;
 Fulfilling trust and other responsibilities pertaining to 
            American Indians;
 Managing natural resource damage assessments; and
 Managing assistance programs.
Regulatory Policy
How DOI Regulatory priorities support the President's energy, resource 
management, environmental sustainability, and economic recovery goals
Within the requirements and guidance in various Executive Orders, 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.
The Bureau of Land Management (BLM) Wildlife Program continues to focus 
on maintenance and management of wildlife habitat to help ensure self-
sustaining populations and a natural abundance and diversity of 
wildlife resources on public lands. BLM-managed lands are vital to game 
species and hundreds of species of non-game mammals, reptiles, and 
amphibians. In order to provide for long-term protection of wildlife 
resources, especially given other mandated land use requirements, the 
Wildlife Program supports aggressive habitat conservation and 
restoration activities, many funded by partnerships with Federal, 
State, and non-governmental organizations. For instance, the Wildlife 
Program is restoring wildlife habitat across a multi-state region to 
support species that depend upon sagebrush vegetation. Projects are 
tailored to address regional issues such as fire (as in the western 
portion of the sagebrush biome) or habitat degradation and loss (as in 
the eastern portion of the sagebrush biome). Additionally, BLM 
undertakes habitat improvement projects in partnership with a variety 
of stakeholders and consistent with State fish and game wildlife action 
plans and local working group plans.
The National Park Service (NPS) is working with BLM and the U.S. Fish 
and Wildlife Service (FWS) to finalize a rule to implement Public Law 
106-206, which directs the Secretary to establish a system of location 
fees for commercial filming and still photography activities on public 
lands. While commercial filming and still photography are generally 
allowed on Federal lands, managing this activity through a permitting 
process will minimize damage to cultural or natural resources and 
interference with other visitors to the area. This regulation would 
standardize the collection of location fees by DOI agencies.
In 2007, the National Park Service developed a new winter use 
regulation for Yellowstone and Grand Teton National Parks and the John 
D. Rockefeller, Jr. Memorial Parkway. This 2007 regulation replaced an 
interim rule that expired at the end of the 2006-2007 winter season. It 
established an average daily entrance limit of 540 snowmobiles

[[Page 64251]]

(compared to 720 under the interim rule), continued the limit of 10 
snowmobiles for groups and guided tours, and established daily limits 
on snow coach entrances to the park. As required by court orders, NPS 
has reinstated the old interim rule pending development of an 
acceptable new rule to take its place. As the first steps toward 
developing this new rule, NPS published a proposed rule on November 5, 
2008, and reopened comment on this rule on July 24, 2009. The Service 
intends to issue a final rule that will remain in effect through the 
2010-2011 winter season and will allow 318 snowmobiles and 78 snow 
coaches per day.
In 2008, in consultation with an interagency work group, NPS began 
developing a proposed rule to provide more efficient and cost-effective 
management of federally owned archeological collections. At present, 
there is no legal procedure to deaccession items in Federal collections 
that are of ``insufficient archeological interest,'' i.e., they are of 
no further value to the science of archaeology, or to the integrity of 
the collection in which they are contained. This rule would free up 
space in collections and allow custodians to allocate more time and 
effort to care of remaining items. To ensure proper disposition of 
those archaeological items, the regulation contains:
 Criteria to determine when material remains are of 
            insufficient archeological interest and may be disposed;
 Appropriate methods by which to dispose of archeological 
            material remains in priority order;
 Conditions that must be met in order to determine that if 
            disposal is appropriate;
 Procedures to notify concerned parties and solicit comments 
            regarding a proposed disposition;
 A requirement to publish in the Federal Register the 
            disposition determination and a process to dispute it; and
 Documentary requirements for full accountability of the 
            disposition.
The rule also requires assignment of a specific individual to be 
accountable for proper disposition. The rule is now undergoing final 
review and should be ready for publication in early 2010.
(2) Sustainably Using Energy, Water, and Natural Resources.
BLM has identified a total of approximately 20.6 million acres of 
public land with wind energy potential in the 11 western states and 
approximately 29.5 million acres with solar energy potential in the six 
southwestern states. There are over 140 million acres of public land in 
western states and Alaska with geothermal resource potential. There is 
also significant wind and wave potential in our offshore waters. The 
National Renewable Energy Lab, a Department of Energy national 
laboratory, has identified more than 1,000 gigawatts of wind potential 
off the Atlantic coast - roughly equivalent to the Nation's existing 
installed electric generating capacity - and more than 900 gigawatts of 
wind potential off the Pacific Coast. Due to the extent and 
distribution of public lands, the Department has an important role, in 
consultation with relevant Federal, State, regional, and local 
authorities, in siting new transmission lines needed to bring renewable 
energy assets to load centers.
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 our 
public lands and the outer continental shelf. Industry has started to 
respond by investing in development of wind farms off the Atlantic 
seacoast, solar facilities in the southwest, and geothermal energy 
projects throughout the west. Power generation from these new energy 
sources produces virtually no greenhouse gases and, when done in an 
environmentally sensitive manner, harnesses with minimum impact 
abundant renewable energy that nature itself provides.
On March 11, 2009, the Secretary issued his first Secretarial Order 
that made facilitating the production, development, and delivery of 
renewable energy on public lands and the OCS top priorities at the 
Department. These goals will be accomplished in a manner that does not 
ignore, but instead protects, our signature landscapes, natural 
resources, wildlife, and cultural resources, and works in close 
collaboration with all relevant Federal, state, Tribal and other 
agencies. The order also established an energy and climate change task 
force within the Department, drawing from the leadership of each of the 
bureaus. The task force is responsible for, among other things, 
quantifying the potential contributions of renewable energy resources 
on our public lands and the OCS and identifying and prioritizing 
specific ``zones'' on our public lands where the Department can 
facilitate a rapid and responsible move to significantly increase 
production of renewable energy from solar, wind, geothermal, and 
biomass sources, and incremental or small hydroelectric power on 
existing structures.
On April 29, 2009, the Minerals Management Service published a final 
rule to establish a program to grant leases, easements, and rights-of-
way for renewable energy projects on the Outer Continental Shelf (OCS). 
These regulations will ensure the orderly, safe, and environmentally 
responsible development of renewable energy sources on the OCS.
(3) Empowering People and Communities.
The Department encourages public participation in the regulatory 
process by seeking public input on a variety of regulatory issues. For 
example, every year FWS establishes migratory bird hunting seasons in 
partnership with flyway councils composed of State fish and wildlife 
agencies. 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, BLM uses Resource Advisory Councils (RACs) made up of 
affected parties to help prepare land management plans and regulations 
that it issues.
The National Park Service has begun revising its rules on non-Federal 
development of gas and oil in units of the National Park System. Of the 
approximately 700 gas and oil wells in 13 NPS units, 55 per cent, or 
385 wells, are exempt from current regulations. In order to improve 
protection of NPS resources, and bring those 385 wells under the 
regulatory umbrella, revision of the regulation is necessary. NPS is 
encouraging public input into designing the rule by publishing an 
advance notice of proposed rulemaking. Interested members of the public 
will be able to make suggestions on the content of the regulation, 
which NPS will consider in writing the proposed rule. After developing 
a proposed rule, NPS will solicit further public comment. Publishing an 
advance notice of proposed rulemaking should result in a regulation 
that will minimize impacts from drilling, improve operating standards 
for oil and gas operations, and allow recovery of administrative costs.

[[Page 64252]]

Accountability and Sustainability Through Regulatory Efficiency
We are using the regulatory process to improve results while easing 
regulatory burdens. For instance, the Endangered Species Act (ESA) 
allows for delisting threatened and endangered species if they no 
longer need the protection of the ESA. We are working to identify 
species for which delisting or downlisting (reclassification from 
endangered to threatened) may be appropriate.
The Fish and Wildlife Service has found that making listing decisions 
under the Endangered Species Act in Hawaii on a traditional, species-
by-species basis is inefficient, since very similar information and 
analysis would be repeated in each rule. To improve efficiency, FWS has 
taken an approach that includes consideration of 48 species in one 
regulatory package. This allows the Service to address the existing 
backlog of candidate species more quickly. Most candidate species on 
the Hawaiian Islands face nearly identical threats and are only found 
in the few remaining native-dominated ecological communities. The 
impacts of these threats are well understood at the community level, 
while their impacts to the individual candidate species are relatively 
less studied. Because this approach focuses on conserving the key 
physical and biological components of native communities and 
ecosystems, it may preclude the need to list additional species found 
in the same ecological communities. Recovery plans developed in 
response to the Kauai listing will focus conservation efforts on 
protection and restoration of ecosystem processes, allowing us to more 
efficiently address common threats in the most important areas.
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:
 Effective stewardship of our Nation's resources in a way that 
            is responsive to the needs of small businesses;
 Increased benefits per dollar spent by carefully evaluating 
            the economic effects of planned rules; and
 Improved compliance and transparency by use of plain language 
            in our regulations and guidance documents.
Bureaus and Offices Within DOI
Bureau of Indian Affairs
The Bureau of Indian Affairs (BIA) administers and manages 56 million 
acres of land held in trust by the United States for Indians and Indian 
tribes, providing services to approximately 1.9 million Indians and 
Alaska Natives, and maintaining a government-to-government relationship 
with the 564 federally recognized Indian tribes. 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 fiscal year 2010, BIA will continue its regulatory focus on improved 
management of trust responsibilities and promotion of economic 
development in Indian communities. In addition, we will focus on 
updating Indian education regulations and on other regulatory changes 
to increase transparency in support of the President's Open Government 
Initiative.
With the input of tribal leaders, individual Indian beneficiaries, and 
other subject matter experts, BIA has been examining ways to better 
serve its beneficiaries. The American Indian Probate Reform Act of 2004 
(AIPRA) made clear that regulatory changes were necessary to update the 
manner in which we meet our trust management responsibilities. We have 
promulgated regulations implementing the probate-related provisions of 
AIPRA and will now focus on regulations to implement other AIPRA 
provisions related to managing Indian land.
The focus on promoting economic development in Indian communities, 
including development of renewable and conventional energy resources on 
tribal lands, is a core component of BIA's mission. Economic 
development initiatives can attract businesses to Indian communities 
and fund services that support the health and well-being of tribal 
members. By providing the tools necessary to promote economic 
development, economic development can enable tribes to attain self-
sufficiency, strengthen their governments, and reduce crime.
Indian education is a top priority of the Assistant Secretary - Indian 
Affairs. For this reason, we will review Indian education regulations 
to ensure that they adequately support efforts to provide students of 
BIA-funded schools with the best education possible.
Finally, BIA's regulatory focus on increasing transparency implements 
the President's Open Government Initiative. We will ensure that all 
regulations that we draft or revise meet high standards of readability, 
and accurately and clearly describe BIA processes.
Bureau of Land Management
The Bureau of Land Management (BLM) manages 256 million acres of public 
lands, located primarily in the western states and Alaska, and the 700-
million-acre subsurface mineral estate located throughout the Nation. 
Our complex mission to manage public lands for multiple uses means that 
we affect not only the many Americans who live near or visit public 
lands, but also millions more who benefit from minerals, energy, and 
timber produced from the lands' rich resources.
In carrying out our mission, we conserve natural and cultural resources 
and sustain the health and productivity of our public lands for the use 
and enjoyment of present and future generations. We manage such varied 
uses as energy and mineral development, outdoor recreation, livestock 
grazing, and forestry and woodlands products. In 2010 we will celebrate 
the tenth anniversary of the National Landscape Conservation System 
(NLCS), created to highlight the conservation side of our multiple-use 
mandate. Earlier this year, Congress, by passing the Omnibus Public 
Land Management Act (P.L. 111-11), affirmed its support of the NLCS in 
statute and added 929,000 acres of wilderness, one national monument, 
four national conservation areas, 363 miles of wild and scenic rivers, 
and 40 miles of national scenic and historic trails to the NLCS. There 
are now more than 880 NLCS treasured landscapes spanning the Nation 
from Florida to Alaska.
The diverse public lands managed by BLM contain vast potential for 
developing renewable energy resources such as wind, solar, and 
geothermal energy, as well as oil, gas, coal, and timber. We are 
analyzing proposals with the goal of increasing renewable energy 
development on public lands. We are also establishing transmission 
corridors to move renewable energy from production sites to market, and 
have taken a significant step in this direction by designating more 
than 5,000 miles of energy transport corridors as west-wide energy 
corridors. The next step is authorizing rights-of-way across public 
lands.
We have identified several emphasis areas to help explain our 
regulatory

[[Page 64253]]

priorities. The narrative below describes these emphasis areas and 
explains their relationship with the Secretary of the Interior's 
priorities in the areas of energy independence, treasured landscapes, 
and Native American issues.
(1) Energy Independence
The quality of life that Americans enjoy today depends upon a stable 
and abundant supply of affordable energy. Because BLM manages more 
Federal land than any other agency -- 256 million surface acres and 700 
million sub-surface acres of mineral estate - we play a key role in 
ensuring that our country's energy needs are met by managing both 
renewable and non-renewable sources. We do this in an environmentally 
balanced and fiscally sound way that protects our natural resources and 
critical wildlife habitat for such species as the sage grouse and lynx.
(2) Treasured Landscapes
Protecting the landscape means moving toward a holistic, landscape-
level approach to managing multiple public land uses. To implement this 
approach, we work with partners interested in working on a broader 
scale across jurisdictional lines to achieve a common landscape vision. 
Our focus on restoring healthy landscapes includes:
 Reducing the number of wild horses and burros on the public 
            lands, particularly in areas most affected by drought and 
            wildfire. Maintaining the wild horse and burro population 
            at appropriate levels is critical to conserving forage 
            resources that sustain native wildlife and livestock.
 Restoring habitat for sensitive, rare, threatened, and 
            endangered species, such as the sage grouse, desert 
            tortoise, and salmon.
 Supporting greater biodiversity through noxious weed and 
            invasive species control to allow native plants to thrive.
 Improving water quality by restoring riparian areas and 
            protecting watersheds. Enhanced water quality aids in 
            restoring habitat for fish and other aquatic and riparian 
            species.
 Conducting post-fire recovery efforts to promote healthy 
            landscapes and to discourage the spread of invasive 
            species.
(3) Native American Issues
BLM consults with Indian Tribes on a government-to-government basis, 
and we are comprehensively assessing and improving our tribal 
consultation practices. In August 2008, the BLM Director wrote to more 
than 600 tribal leaders asking about their experiences with BLM and 
their ideas on how we could improve our working relationship. We then 
held a follow-up listening session in Anchorage to coincide with the 
Alaska Federation of Natives Conference. We received many valuable 
comments at this session, which led to additional listening sessions in 
May through August 2009.
One area of concern relates to the Native America Graves Protection and 
Repatriation Act (NAGPRA), which addresses the rights of Indian Tribes 
and Native Hawaiian organizations to certain human remains and objects 
of cultural patrimony. To comply with NAGPRA, we are inventorying and 
repatriating human remains and other cultural items in BLM museum 
collections. We are also consulting with Indian tribes on actions to 
take when human remains and cultural items subject to NAGPRA are 
discovered or excavated on public lands.
We also work with the Bureau of Indian Affairs and the Minerals 
Management Service to help Indian tribes and individual allottees 
develop their solid and fluid mineral resources. We are responsible for 
protecting, developing, measuring, inspecting, and enforcing extraction 
operations of the mineral estate on properties held in trust for Native 
Americans.
BLM's Regulatory Priorities
Our regulatory focus is directed primarily by the priorities of the 
President and Congress. These priorities include;
 Facilitating balanced domestic production of various sources 
            of energy, including oil and gas, biomass, wind, solar, and 
            other alternative sources of energy;
 Providing for a wide variety of public uses while maintaining 
            the long-term health and diversity of the land and 
            preserving significant natural, cultural, and historic 
            resource values;
 Understanding the varied ecosystems we manage and committing 
            ourselves to using the best scientific and technical 
            information to make resource management decisions;
 Understanding the needs of the people who use BLM-managed 
            public lands and providing them with quality service;
 Securing the recovery of a fair return for using publicly 
            owned resources and avoiding 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.
In developing regulations, we strive to ensure communication, 
coordination, and consultation with the public, including affected 
interests, tribes, and other stakeholders. We also work to draft 
regulations that are clearly written and easy for the public to 
understand.
For the coming year, our specific regulatory goals include:
(1) Revising onshore oil and gas operating standards
BLM expects to revise existing onshore oil and gas operating orders and 
propose a new order. Onshore orders establish requirements, minimum 
standards, and standard operating procedures. They are binding on 
Federal and Indian (except Osage) oil and gas leases and on all wells 
and facilities on State or private lands covered by Federal agreements. 
In order to determine the proper royalty that a lessee must pay, BLM 
ensures that oil and gas is accurately measured for quantity and 
quality. To ensure that proper royalties are paid on oil and gas 
removed from Federal and trust lands, we plan to:
 Revise existing Onshore Orders Numbers 3, 4, and 5 to use new 
            industry standards that reflect current operating 
            procedures and to require consistent use of proper 
            verification and accounting.
 Propose new Onshore Order Number 9 to cover waste prevention 
            and beneficial use.
(2) Revising coal management regulations
BLM plans to publish a proposed rule that would amend the coal 
management regulations governing Federal coal leases and logical mining 
units. The rule would implement provisions of the Energy Policy Act 
regarding administration of coal leases and clarify the royalty rate 
for continuous highwall mining, a new coal mining method used on some 
Federal coal leases.
(3) Publishing rules on paleontological resources preservation
The recently enacted omnibus public lands law included provisions on 
permits for collecting paleontological resources. BLM and the Park 
Service are co-leads of a team with the Forest Service that will be 
drafting a

[[Page 64254]]

paleontological resources rule. The rule would address the protection 
of paleontological resources and how we would permit the collection of 
these resources. The rule would also address other issues such as the 
administration of permits, causal collection of rocks and minerals, 
hobby collection of common invertebrate plants and fossils, and the 
civil and criminal penalties for violation of these rules.
(4) Revising timber sale contract extension regulations
We plan to amend the forest product disposal regulations governing 
forest product contracts. BLM regulations currently allow timber sale 
contract extensions under very limited circumstances and do not allow 
extensions for ``market fluctuations.'' Nor do they allow any reduction 
of contract value due to declines in the lumber market. The recent 
decline in the housing industry has resulted in a record decline in the 
timber market, leaving many purchasers of BLM timber sale contracts 
without a reasonable market in which to sell harvested timber. The 
revised rule would allow us to extend contracts under specified 
circumstances and provide more options to help maintain the logging and 
sawmilling infrastructure needed to manage the 66 million acres of 
publicly owned timber and woodland resources.
Minerals Management Service
The Minerals Management Service (MMS) collects, accounts for and 
disburses more than $13 billion per year in revenues from Federal 
offshore energy and mineral leases and from onshore mineral leases on 
Federal and Indian lands. The program is national in scope and has two 
major responsibilities. The first is timely and accurate collection, 
distribution, and accounting for revenues associated with mineral and 
energy production. The second is management and stewardship of the 
resources of the Outer Continental Shelf (OCS) in a manner that 
provides for safety, protection of the environment, and conservation of 
valuable natural resources. MMS carries out these broad 
responsibilities under authority of the Federal Oil and Gas Royalty 
Management Act, the Federal minerals leasing acts, the Outer 
Continental Shelf Lands Act, the Indian mineral leasing acts, and other 
related statutes.
In 2009, MMS completed a major milestone by developing and codifying 
the regulatory framework for renewable energy projects on the OCS. We 
are now beginning to implement the regulatory provisions for developing 
the Nation's offshore wind, wave, and ocean current resources in a safe 
and environmentally sound manner. Using cost-effective, targeted 
regulatory authority, we continue efforts to improve both the safety 
record and environmental protection of all production operations while 
ensuring fair value to the Federal Government, Indian Tribes, and 
taxpayers.
Our regulatory focus for fiscal year 2010 is directed by Presidential 
and legislative priorities that emphasize contributing to America's 
energy supply, protecting the environment, and ensuring a fair return 
for taxpayers for energy production from Federal and Indian lands.
Our regulatory priorities are to:
 Continue to meet our Indian trust responsibilities
We have a trust responsibility to accurately collect and disburse oil 
and gas royalties on Indian lands. MMS will increase royalty certainty 
by addressing oil valuation for Indian lands through a rulemaking 
process involving key stakeholders.
 Determine the proper value of coal for advanced royalty 
            purposes
Implementing requirements in the Energy Policy Act of 2005, these 
regulations will provide clarification by redesignating and amending a 
BLM coal valuation directive. The rule will provide a needed 
alternative method to determine the value of coal for advanced royalty 
purposes.
 Update pipelines and pipeline rights-of-way regulations
We expect to publish a final rule revising the Outer Continental Shelf 
pipeline and pipeline rights-of-way regulations. This revised rule will 
reflect current industry practices and MMS policies for safe operations 
of pipelines on the OCS.
 Update Oil and Gas Production Requirements
The final rule revises requirements for oil and gas production rates, 
venting and flaring natural gas, and burning oil. The rule, which also 
adds a requirement to measure flared or vented gas at high volume oil 
production facilities, is expected to publish in FY 2010.
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.'' Title V of SMCRA sets minimum 
requirements for obtaining a permit for surface coal mining operations, 
sets performance standards for those operations, requires land 
reclamation once mining ends, and requires enforcement to ensure that 
the standards are met. Under SMCRA and later amendments we are the 
primary enforcer of the Act's provisions until a State or Indian tribe 
achieves ``primacy'' by demonstrating that its regulatory program meets 
all of the specifications in the Act and is consistent with OSM 
regulations.
When a primacy State or Indian tribe takes over permitting, inspection, 
and enforcement activities under its federally approved regulatory 
program, our role is to regulate mining activities and oversee and 
evaluate the State or tribal program. Today, 24 of the 26 coal-
producing States have primacy. In return for assuming primacy, States 
are entitled to regulatory grants and abandoned mine lands grants under 
their abandoned mine lands programs. In addition, under cooperative 
agreements, some primacy States have agreed to regulate mining on 
Federal lands within their borders. In 2006, amendments to SMCRA 
allowed Indian tribes with coal resources to assume primacy. No tribes 
have done so to date, although three tribes have expressed an interest 
in submitting a tribal program.
In summary, OSM regulates mining directly only in non-primacy States, 
on Federal lands in States where no cooperative agreements are in 
effect, and on Indian lands when the tribe does not have primacy.
OSM has sought to develop and maintain a stable regulatory program for 
surface coal mining that is safe, cost-effective, and environmentally 
sound. A stable regulatory program provides regulatory certainty so 
that coal companies know what is expected of them and citizens know how 
the program is being implemented and how they can participate. During 
the development and maintenance of its program, OSM has recognized the 
need to: (a) respond to local conditions, (b) provide flexibility to 
react to technological change, (c) be sensitive to geographic 
diversity, and (d) eliminate burdensome recordkeeping and reporting 
requirements that, over time, have proved unnecessary to ensure an 
effective regulatory program.

[[Page 64255]]

OSM's major regulatory priorities for the coming year are to:
 Address issues resulting from the publication of the excess 
            spoil/stream buffer zone rule in December 2008
The publication of the excess spoil/stream buffer zone rule on December 
12, 2008, has raised serious concerns about damage to the environment 
and has resulted in litigation. We intend to review those concerns and 
will initiate new rulemaking to address the issues raised.
 Issue regulations establishing enforceable Federal standards 
            for the placement of coal combustion byproducts (CCBs) in 
            active and abandoned mines
We intend to publish proposed and final regulations establishing permit 
application requirements and performance standards for the placement of 
CCBs on coal mining sites. The requirements will apply to active mining 
sites with permits for surface coal mining operations under Title V of 
SMCRA and to abandoned mine sites being reclaimed under Title IV of 
SMCRA. The rule will be designed to ensure that mining operations or 
reclamation projects where CCBs are placed incorporate adequate 
protections to safeguard the public and the environment. The proposed 
regulations will be based upon existing SMCRA authorities. Our decision 
to initiate rulemaking is the result of a study conducted by the 
National Research Council of the National Academies of Science, which 
recommended the establishment of enforceable Federal standards for the 
placement of CCBs on mine sites.
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:
 Protect and recover threatened and endangered species;
 Monitor and manage migratory birds;
 Restore native aquatic populations and nationally significant 
            fisheries;
 Enforce Federal wildlife laws and regulate international 
            trade;
 Conserve and restore wildlife habitat such as wetlands;
 Help foreign governments conserve wildlife through 
            international conservation efforts;
 Distribute Federal funds to States, territories, and tribes 
            for fish and wildlife conservation projects; and
 Manage the 96-million-acre National Wildlife Refuge System, 
            which protects and conserves fish and wildlife and their 
            habitats and allows the public to engage in outdoor 
            recreational activities.
Critical challenges to the work of FWS include: Global climate change; 
shortages of clean water suitable for wildlife; invasive species that 
are harmful to our fish, wildlife, and plant resources and their 
habitats; and the alienation of children and adults from the natural 
world. To address these challenges, FWS has identified six priorities:
 National Wildlife Refuge System--conserving our lands and 
            resources;
 Landscape conservation--working with others;
 Migratory birds--conservation and management;
 Threatened and endangered species--achieving recovery and 
            preventing extinction;
 Connection between people and nature--ensuring the future of 
            conservation; and
 Aquatic species--the National Fish Habitat Action Plan (a plan 
            that brings public and private partners together to restore 
            U.S. waterways to sustainable health) and trust species.
To carry out these priorities, FWS has a large regulatory agenda. FWS 
programs will conduct rulemaking to, among other things:
 List, delist, and reclassify species on the List of Threatened 
            and Endangered Species and designate critical habitat for 
            certain listed species;
 Update our regulations to carry out the Convention on 
            International Trade in Wild Fauna and Flora;
 Manage migratory bird populations;
 Administer the subsistence program for harvesting fish and 
            wildlife in Alaska;
 Update our regulations to carry out the Wildlife and Sport 
            Fish Restoration Program; and
 Publish hunting and sport fishing regulations for the National 
            Wildlife Refuge System.
National Park Service
NPS currently administers Commercial Use Authorizations (CUAs) under an 
interim policy, but needs a regulation to standardize fees; allow cost 
recovery by NPS where appropriate; ensure clear and consistent criteria 
for issuance of CUAs; and, where necessary, allow parks to limit and 
set conditions for limiting the number of authorizations issued. The 
regulation will also allow better enforcement of permit conditions, 
which promotes protection of park resources and public safety. NPS 
expects to publish the proposed rule in December 2009.
In November 2006 the National Park Service completed a nearly 10-year 
public process to develop a management plan for the Colorado River in 
Grand Canyon National Park. The Service is now implementing the plan by 
developing regulations that: implement permit requirements for 
commercial river trips below a specified location in the canyon; update 
visitor use restrictions and camping closures; and eliminate 
unnecessary provisions in the current regulation. The proposed rule was 
published in the Federal Register on July 13, 2009, and the public 
comment period ended on September 11, 2009.
The National Park Service is working with the Bureau of Land Management 
and the Fish and Wildlife Service to finalize rules implementing Public 
Law 106-206, which directs the Secretary to establish a reasonable fee 
system (location fees) for commercial filming and still photography 
activities on public lands. Although commercial filming and still 
photography are generally allowed on Federal lands, it is in the 
public's interest to manage these activities through a permitting 
process. This will minimize the possibility of damage to the cultural 
or natural resources or interference with other visitors to the area. 
This regulation would standardize the collection of location fees by 
DOI agencies.
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, we apply management, engineering, and science to achieve

[[Page 64256]]

effective and environmentally sensitive solutions.
Reclamation projects provide: 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. We have increased 
security at our facilities and implemented our law enforcement 
authorization received in November 2001.
Our regulatory program focus in fiscal year 2010 is to ensure that our 
mission and laws that require regulatory actions are carried out 
expeditiously, efficiently, and with an emphasis on cooperative problem 
solving by implementing two newly authorized programs:
 Title I of Public Law 109-451 authorizes establishment of a 
            rural water supply program to enable the Bureau of 
            Reclamation to coordinate with rural communities throughout 
            the Western United States to identify their potable water 
            supply needs and evaluate options for meeting those needs. 
            Under the Act, we are finalizing a rule that will define 
            how we will identify and work with eligible rural 
            communities. We published an interim final rule on November 
            17, 2008, and expect to publish a final rule in 2010.
 Title II of Public Law 109-451 authorizes the Secretary of the 
            Interior, through the Bureau of Reclamation, to issue loan 
            guarantees to assist in financing: (a) rural water supply 
            projects, (b) extraordinary maintenance and rehabilitation 
            of Reclamation project facilities, and (c) improvements to 
            infrastructure directly related to Reclamation projects. 
            This new program will provide an additional funding option 
            to help western communities and water managers to cost 
            effectively meet their water supply and maintenance needs. 
            Under the Act, we are working with the Office of Management 
            and Budget to publish a rule that will establish criteria 
            for administering the loan guarantee program. We published 
            a proposed rule on October 6, 2008, and expect to publish a 
            final rule in 2010.
BILLING CODE 4310-RK-S