Department of the Interior – Federal Register Recent Federal Regulation Documents

The U.S. Department of the Interior and Department of Agriculture are seeking member nominations to the Hunting and Wildlife Conservation Council (Council) to fill one vacancy for a representative from a State fish and wildlife management agency. The Council provides recommendations to the Federal Government, through the Secretary of the Interior and the Secretary of Agriculture, regarding the establishment and implementation of existing and proposed policies and authorities with regard to wildlife and habitat conservation endeavors that benefit wildlife resources; encourage partnership among the public, sporting conservation organizations, wildlife-associated recreation interests, and Federal, State, Tribal, and territorial governments; and benefit fair-chase recreational hunting and safe recreational shooting sports.

This final rule adjusts the level of the maximum daily civil monetary penalty contained in the Bureau of Safety and Environmental Enforcement (BSEE) regulations for violations of the Outer Continental Shelf Lands Act (OCSLA), in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (FCPIA of 2015) and Office of Management and Budget (OMB) guidance. The civil penalty inflation adjustment, using a 1.07745 multiplier, accounts for one year of inflation based on the Consumer Price Index for all Urban Consumers (CPI-U) spanning from October 2021 to October 2022.

We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.

We, the Fish and Wildlife Service (Service), announce receipt of an application from Forestar (USA) Real Estate Group (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally threatened Audubon's crested caracara (Polyborus plancus audubonii), a raptor, incidental to the construction of a proposed residential development in Brevard County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.

We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the ESA. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.

As part of the rulemaking process for the 2023-2024 season, the U.S. Fish and Wildlife Service (hereinafter, Service or we) proposes a revised process for establishing special regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for migratory bird hunting seasons. We are proposing no longer to require that Tribes annually submit a proposal to the Service for our review and approval and no longer to publish in the Federal Register the annual Tribal migratory bird hunting regulations, and instead to adopt as regulations elements of our current guidelines for establishing special migratory game bird hunting regulations on Federal Indian reservations (including off-reservation trust lands) and ceded lands. The Service recognizes the reserved hunting rights and management authority of Indian Tribes. Since the 1985-86 hunting season, we have successfully employed guidelines to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands. We conclude that Tribal migratory bird harvest has been small with negligible impact to bird population status. We anticipate that Tribal hunting of migratory birds will continue to have similar negligible impacts to bird populations in the future. By proposing these regulations, the Service seeks to strengthen Tribal sovereignty and to reduce administrative burdens on both the Tribes and the Service while continuing to sustain healthy migratory game bird populations for future generations.

We, the U.S. Fish and Wildlife Service, are initiating 5-year status reviews for 133 species in Oregon, Washington, Idaho, Montana, California, Nevada, Hawaii, Guam, and the Commonwealth of the Northern Mariana Islands under the Endangered Species Act of 1973. Two of these species also occur outside of United States jurisdiction in Canada and Palau. A 5-year status review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any new information on these species that has become available since the last reviews.

The regulations implementing the Indian Child Welfare Act provide that Federally recognized Indian Tribes may designate an agent other than the Tribal chairman for service of notice of proceedings under the Act. This notice includes the current list of designated Tribal agents for service of notice.

The C.H. Nash Memorial Museum/Chucalissa Archaeological Museum (Nash Museum) has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Nash Museum. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the University of Tennessee, McClung Museum of Natural History & Culture (UTK), has completed an inventory of human remains and has determined that there is no cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice. The human remains were removed from Humphreys County, TN.

In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Moravian Historical Society has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice. The human remains and associated funerary objects were removed from Tuscarawas County, OH.

In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the California Department of Parks and Recreation has amended a Notice of Intent to Repatriate published in the Federal Register on December 24, 2002. This notice amends the cultural affiliation for a collection removed from Lake County, California.

The United States Forest Service (USFS) has filed an application with the Bureau of Land Management (BLM) requesting that the Secretary of the Interior withdraw 20,574 acres of National Forest System (NFS) lands in Pennington County, South Dakota, from settlement, sale, location, or entry under the public land laws; location and entry under the United States mining laws; and leasing under the mineral and geothermal leasing laws for 20 years, subject to valid existing rights, to protect the cultural and natural resources of the Pactola ReservoirRapid Creek Watershed, including municipal water for Rapid City and Ellsworth Air Force Base, from the adverse impacts of minerals exploration and development. Publication of this notice segregates the lands from the laws specified for up to 2 years, subject to valid existing rights. This notice initiates a 90-day public comment period and announces a public meeting regarding the USFS application.

We, the U.S. Fish and Wildlife Service (Service), propose to list the Texas heelsplitter (Potamilus amphichaenus) as an endangered species and the Louisiana pigtoe (Pleurobema riddellii) as a threatened species under the Endangered Species Act of 1973, as amended (Act). Both species are freshwater mussels. This document serves as our 12- month finding on a petition to list the Texas heelsplitter and Louisiana pigtoe. For the Louisiana pigtoe, we also propose a rule issued under section 4(d) of the Act (a ``4(d) rule'') to provide for the conservation of the species. In addition, we propose to designate critical habitat for the Texas heelsplitter and Louisiana pigtoe under the Act. In total, approximately 831.8 river miles (1,338.6 river kilometers) in 31 counties in Texas fall within the boundaries of the proposed critical habitat designation for the Texas heelsplitter, and approximately 1,028.2 river miles (1,654.3 river kilometers) in 3 counties in Arkansas, 6 parishes in Louisiana, 2 counties in Mississippi, 1 county in Oklahoma, and 21 counties in Texas fall within the boundaries of the proposed critical habitat designation for the Louisiana pigtoe. We announce the availability of a draft economic analysis of the proposed designation of critical habitat for the Texas heelsplitter and Louisiana pigtoe. Finally, we announce an informational meeting followed by a public hearing on this proposed rule. If we finalize this rule as proposed, it would extend the Act's protections to these species and their critical habitats.

The National Park Service is soliciting electronic comments on the significance of properties nominated before March 4, 2023, for listing or related actions in the National Register of Historic Places.

We, the U.S. Fish and Wildlife Service, have received an application for a permit to conduct activities intended to enhance the propagation and survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on this application. Before issuing the requested permit, we will take into consideration any information that we receive during the public comment period.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing emergency clearance of a new collection of information.

The Bureau of Indian Affairs (BIA) is extending the public comment period for the proposed rule revising the regulations governing leasing of the Osage Nation's mineral estate (``Osage Mineral Estate'') for oil and gas mining. Extending the public comment period will allow more time for the public to review the proposal and submit comments.

In accordance with the National Environmental Policy Act of 1969, as amended, and the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM) has prepared the Record of Decision (ROD) for the Whitewater River Groundwater Replenishment Facility located in the Palm Springs-South Coast Field Office. The ROD constitutes the decision of the BLM.

We, the U.S. Fish and Wildlife Service (Service), determine endangered status under the Endangered Species Act of 1973 (Act), as amended, for the bog buck moth (Hemileuca maia menyanthevora) (=H. iroquois), a moth that occurs in Oswego County, New York, and Ontario, Canada. This rule adds the bog buck moth to the List of Endangered and Threatened Wildlife and applies the protections of the Act to this species. We have determined that designation of critical habitat for the bog buck moth is not prudent at this time.

In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act, the U.S. Department of the Interior, Bureau of Land Management's (BLM) Alaska Resource Advisory Council (RAC) will meet as follows.

The Bureau of Ocean Energy Management (BOEM) announces the availability of the Proposed Notice of Sale (Proposed NOS) for the proposed Gulf of Mexico (GOM) Outer Continental Shelf (OCS) Oil and Gas Lease Sale 261 (GOM Lease Sale 261). GOM Lease Sale 261 is required by the Inflation Reduction Act of 2022. BOEM is publishing this notice pursuant to its regulatory authority. Pursuant to section 19 of the OCS Lands Act the Secretary of the Interior provides Governors of affected States and the executive of any affected local government the opportunity to review and comment on the Proposed NOS. The Proposed NOS describes the proposed size, timing, and location of the sale, including lease stipulations, terms and conditions, minimum bids, royalty rates, and rental rates.

In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act of 1969 (NEPA), the Deepwater Horizon (DWH) Oil Spill Final Programmatic Damage Assessment Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/ PEIS), Record of Decision and Consent Decree, the Federal natural resource trustee agencies for the Open Ocean Trustee Implementation Group (Open Ocean TIG) have prepared the Draft Restoration Plan 3 and Environmental Assessment: Birds (Draft RP/EA). The Draft RP/EA proposes projects to help restore bird species injured in the DWH oil spill. The Draft RP/EA evaluates a reasonable range of 11 project alternatives under the Oil Pollution Act's Natural Resource Damage Assessment regulations and NEPA. The total cost to implement the Open Ocean TIG's seven preferred alternatives is approximately $26,000,000. A No Action alternative is also analyzed. The Open Ocean TIG invites comments on the Draft RP/EA.

In accordance with the Paperwork Reduction Act of 1995 (PRA), the U.S. Geological Survey (USGS), Department of the Interior, is proposing a new information collection.

We, the U.S. Fish and Wildlife Service, are initiating 5-year status reviews of 27 species under the Endangered Species Act of 1973, as amended. A 5-year status review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any new information on these species that has become available since the last review of the species.