Bureau of Land Management 2008 – Federal Register Recent Federal Regulation Documents

This order extends the withdrawal created by Public Land Order No. 6693 for an additional 20-year period. This extension is necessary to continue protection of the Natural Corrals Archeological Site in Sweetwater County, Wyoming.

Notice is hereby given that certain coal resources in the North Maysdorf Coal Tract described below in Campbell County, Wyoming, will be reoffered for competitive lease by sealed bid in accordance with the provisions of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.).

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Whiting Oil and Gas Corporation for competitive oil and gas lease WYW174821 for land in Lincoln County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

The Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) for the Snake River Birds of Prey National Conservation Area (NCA) Resource Management Plan (RMP) located in Southwestern Idaho.

This final rule amends the Bureau of Land Management's (BLM) emergency withdrawal regulation to remove language that directs the Secretary of the Interior (Secretary) to immediately make an emergency withdrawal upon notification by one of two congressional committees. Constitutional questions have arisen when this regulation and corresponding provisions in Section 204(e) of the Federal Land Policy and Management Act (FLPMA) have been used by a congressional committee to direct Secretarial action. A district court, however, found it unnecessary to rule on the constitutionality of the committee-directed provision in Section 204(e) of FLPMA because the Secretary had bound himself through regulations regarding special action on emergency withdrawal. This final rule removes from regulations only the provision that has been the subject of past constitutional questions.

The Bureau of Land Management (BLM) is issuing this interim final rule to amend the BLM's regulations for Mining Claims under the General Mining Laws. The rule responds to a Federal district court decision that required the BLM to evaluate whether the regulations comply with Congress's policy goal for the United States to receive fair market value for the use of the public lands and their resources. The interim final rule makes it clear that, other than processing fees, location fees, and maintenance fees provided for in 43 CFR parts 3800 and 3830, the BLM does not require any other fees for surface use of the public lands for mining purposes.

Under the provisions of Public Law 97-451, the Bureau of Land Management-Eastern States (BLM-ES) received a petition for reinstatement of oil and gas lease LAES 51206 from Rhumba Operating, LLC for lands in Caldwell Parish, Louisiana. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

This notice announces a call for nominations to serve on the North Slope Science Initiative, Science Technical Advisory Panel in accordance with the provisions of the Federal Advisory Committee Act (FACA) of 1972, 5 U.S.C. Appendix.

The Bureau of Land Management (BLM) and the Department of Energy (DOE) as co-lead agencies, and the U.S. Forest Service (FS) of the Department of Agriculture (USDA), the Department of Defense (DOD), and the U.S. Fish and Wildlife Service (USFWS) of the Department of the Interior (DOI) as cooperating Federal Agencies (the Agencies) announce the availability of the Final Programmatic Environmental Impact Statement for the Designation of Energy Corridors on Federal Land in the 11 Western States (Final PEIS) (DOE/EIS-0386) that also proposes to amend 138 land use plans. The Coeur d'Alene Tribe, the California Energy Commission (CEC), the California Public Utilities Commission (CPUC), the State of Wyoming, and the Lincoln, Sweetwater, and Uinta counties and conservation districts in Wyoming are also cooperating agencies. The Department of Commerce (DOC) and the Federal Energy Regulatory Commission (FERC) are consulting agencies. The Agencies prepared the Final PEIS pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 et seq.; the Council on Environmental Quality NEPA regulations, 40 CFR Parts 1500-1508; the DOE NEPA regulations, 10 CFR Part 1021; Compliance with Floodplain and Wetland Environmental Review Requirements, 10 CFR Part 1022; the BLM planning regulations, 43 CFR subpart 1610; and applicable FS planning regulations. Section 368 of the Energy Policy Act of 2005 (EPAct 2005), Public Law 109-58, directs the Secretaries of Agriculture, Commerce, Defense, Energy, and the Interior, in consultation with FERC, states, tribal or local units of governments, as appropriate; affected utility industries; and other interested persons to designate, under their respective authorities, corridors on Federal land in the 11 Western States for oil, gas, and hydrogen pipelines as well as electricity transmission and distribution facilities; perform any environmental reviews that may be required to complete the designation of such corridors; and incorporate the designated corridors into relevant agency land use and resource management plans or equivalent plans. The 11 Western States are Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.

The Bureau of Land Management (BLM) has submitted an information collection request (ICR) to extend a currently approved collection to collect the information listed below to the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). We use the information we collect to issue rights-of-way grants to use a specific piece of the public lands for certain projects, such as roads, pipelines, transmission lines, and communication sites. The BLM is seeking approval of the information collection on behalf of itself and the U.S. Fish and Wildlife Service, the National Park Service, the Bureau of Reclamation, and the U.S. Army Corps of Engineers.

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC68148 from the following companies: (1) Delta Petroleum Corp., (2) Gasconade Oil Co., (3) Helm Energy, LLC, and (4) Riggs Oil and Gas Corp., for lands in San Miguel County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC68150 from the following companies: (1) Delta Petroleum Corp., (2) Gasconade Oil Co., (3) Helm Energy, LLC, and (4) Riggs Oil and Gas Corp., for lands in San Miguel County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

The Secretary of the Interior proposes to withdraw 40 acres of public land from surface entry and mining on behalf of the Bureau of Land Management to protect the Parting of the Ways Historic Site in Sweetwater County. This notice segregates the land for up to 2 years from surface entry and mining while various studies and analyses are made to support a final decision on the withdrawal application. The land will remain open to the mineral leasing laws.

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) requests the Office of Management and Budget (OMB) to extend an existing approval to collect information from individuals submitting nominations for significant caves under the Federal Cave Resources Protection Act of 1988 and to request confidential cave information. BLM needs the information to determine which caves we will list as significant and decide whether to grant access to confidential cave information.

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is requesting the Office of Management and Budget (OMB) to extend an existing approval to collect information from those person who wish to transfer interest in oil and gas or geothermal leases by assignment or record title or transfer operating rights (sublease) in oil and gas or geothermal leases under the terms of mineral leasing laws. The BLM uses Form 3000-3, Assignment of Record Title Interest in a Lease for Oil and Gas or Geothermal Resources, and Form 3000-3a, Transfer of Operating Rights (sublease) in a Lease for Oil and Gas or Geothermal Resources, to collect this information. This information allows the BLM to transfer interest in oil or gas or geothermal leases by assignment of record title or transfer operating rights (sublease) in oil or gas or geothermal leases under the regulations at 43 CFR subparts 3106, 3135, and 3216.

The BLM announces the availability of the Approved Resource Management Plan (RMP)/Record of Decision (ROD) for the Monticello Field Office located in Utah. The Department of the Interior Assistant Secretary for Land and Minerals Management signed the ROD on November 17, 2008, which constitutes the final decision of the Department of the Interior and makes the Approved RMP effective immediately.

The Bureau of Land Management (BLM) published a Notice of Availability in the Federal Register [73 FR 60321] on October 10, 2008, that had incorrect information in the DATES section. The October 10, 2008, Notice of Availability incorrectly indicated that the BLM would receive written comments on the Additional Air Quality Impact Assessment within 45 days following the date the Environmental Protection Agency (EPA) published their Notice of Availability in the Federal Register. The EPA was not required, nor did it intend to publish such a notice of availability. Therefore, the BLM is publishing this notice of correction to clarify that the BLM will receive written comments on the Additional Air Quality Impact Assessment within 45 days following the date that this notice of correction publishes in the Federal Register.

The Bureau of Land Management (BLM) is finalizing regulations to set out the policies and procedures for the implementation of a commercial leasing program for the management of federally-owned oil shale and any associated minerals located on Federal lands. The Energy Policy Act of 2005 (EP Act) directs the Secretary of the Interior (Secretary) to: Make public lands available for conducting oil shale research and development activities; Complete a Programmatic Environmental Impact Statement (PEIS) for a commercial leasing program for both oil shale and tar sands resources on the BLM-administered lands in Colorado, Utah, and Wyoming; and Issue regulations establishing a commercial oil shale leasing program. These final regulations incorporate specific provisions of the Mineral Leasing Act of 1920 (MLA) and the EP Act relating to: Oil shale lease size; Acreage limitations; Rental; and Lease diligence. These regulations also address the diligent development requirements of the EP Act by establishing work requirements and milestones to ensure diligent development of leases. The rule also provides for other standard components of a BLM mineral leasing program, including lease administration and operations.

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to NANA Regional Corporation, Inc. for lands located in the vicinity of Buckland and Noatak, Alaska. Notice of the decision will also be published four times in the Arctic Sounder.

The BLM announces the availability of the Record of Decision (ROD) and Approved RMP for the Bay planning area, located in southwest Alaska. The State Director signed the ROD on November 4, 2008. This constitutes the final decision of the BLM and makes the approved RMP effective immediately.

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC70104 from Bill Barrett Corp., for lands in Montrose County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

The Bureau of Land Management has examined and found suitable for direct sale under section 203 of the Federal Land Policy and Management Act of 1976 (Public Law 94-579, as amended; 43 CFR 2711.3- 3), 4,519.35 sq. feet of public land located in Fairbanks, Alaska.

This is an amended notice for Environmental Impact Statement (EIS) No. 20080416, Final EIS, Bureau of Land Management (BLM), Oregon (OR), Western Oregon BLM Districts of Salem, Eugene, Roseburg, Coos Bay, and Medford Districts, and the Klamath Falls Resource Area of the Lakeview District, Revision of the Resource Management Plans (RMP), Implementation, OR, which originally published in the Federal Register on October 17, 2008 [73 FR 61905]. This amended notice reflects a decision by the BLM to offer a protest period on the proposed revision of the Western Oregon RMPs. Any person who participated in the planning process and has an interest which is or may be adversely affected by the approval of the proposed RMPs may protest such approval. A protest period is not a comment period. A valid protest addresses only those issues which were submitted for the record during the planning process and contains a concise statement explaining why the decision to adopt the proposed plan would violate an applicable statute, regulation or BLM policy.

By Order of the U.S. District Court for the District of Montana, dated April 5, 2005, and pursuant to the Federal Land Policy and Management Act of 1976 and the National Environmental Policy Act of 1969, the Bureau of Land Management (BLM) has prepared a Final Supplement to the Montana Statewide Oil and Gas Environmental Impact Statement and Proposed Amendment (Proposed SEIS/Amendment) of the Powder River and Billings Resource Management Plans (RMPs).

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Belkofski Corporation. The lands are in the vicinity of Belkofski, Alaska, and are located in: