Department of the Interior February 2005 – Federal Register Recent Federal Regulation Documents

Pursuant to 36 CFR 51.23, public notice is hereby given that the National Park Service proposes to extend the following expiring concession contracts for a period of up to 1 year, or until such time as a new contract is executed, whichever occurs sooner.

Pursuant to the terms of existing concession contracts, public notice is hereby given that the National Park Service intends to request a continuation of visitor services for a period not-to-exceed 1 year from the date of contract expiration.

An application has been filed by Dana L. Hofstetter, Attorney at Law on behalf of Ray and Dorolene Obendorf and prospective purchaser, Jim Scarrow, for a recordable disclaimer of interest from the United States.

Public Law 106-485 (November 9, 2000; 114 Stat. 2199) directs the Secretary of the Interior, acting through the Bureau of Land Management (BLM), to convey all right, title, and interest (excluding mineral interest) in a parcel of public land in Big Horn County and Washakie County, Wyoming. The parcel of land to be conveyed comprises approximately 16,500 acres. Conveyance is to be made to the Westside Irrigation District at appraised value. The sale to the District is to take place after ``completion of an environmental analysis under the National Environmental Policy Act'' (NEPA) by the BLM. Under the provisions of Section 102(2)(C) of the National Environmental Policy Act (NEPA), the BLM announces its intentions to prepare an EIS and to solicit public comments regarding issues and resource information.

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 WYW155783 for lands in Carbon 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), Butte Field Office, and the Montana Department of Environmental Quality (DEQ) intend to prepare an Environmental Impact Statement for the ``M'' Pit Mine Expansion at Montana Tunnels Mine. The BLM and DEQ will announce a public scoping meeting to identify relevant issues in advance through BLM's and DEQ's web sites and in local news media at least 15 days prior to the event.

The Bureau of Land Management (BLM) will hold a public hearing and requests written comments on the fair market value (FMV) and maximum economic recovery (MER) of certain coal resources it proposes to offer for competitive lease sale. The coal in the tracts would be mined by either surface, underground or auger mining methods. The Oklahoma Field Office, BLM has completed the Oklahoma Resource Management Plan Amendment (RMPA) and Decision Record for competitive coal lease applications OKNM 104763, OKNM 107920 and OKNM 108097 in Haskell, Latimer and LeFlore Counties, Oklahoma. The Decision Record was signed by the New Mexico BLM State Director on September 29, 2004. The decision is to implement the BLM's preferred alternative, which will result in offering for lease, the three lease application areas with stipulations, and mitigations as described in the RMPA. The Liberty West tract, OKNM 104763 is located in Haskell County, Oklahoma, and encompasses 640 acres. Estimated recoverable Federal reserves of bituminous coal from the Stigler seam is 2.366 million tons; 2.322 million tons recoverable by surface mining methods, and 44,000 tons recoverable by auger mining. The proximate analysis of the coal on a received basis averages 14,087 BTU/lb., with 2.2% moisture, 1.4% sulfur, 6.7% ash, 64.2% fixed carbon, and 26.7% volatile matter. The Bull Hill tract, OKNM 107920 is located in Latimer and LeFlore Counties, Oklahoma, and encompasses 3,863.17 acres. Estimated recoverable Federal reserves of bituminous coal from two splits of the Lower Hartshorne seam is 8.993 million tons; 4.107 million tons recoverable by surface mining methods, 2.724 million tons recoverable by auger mining, and 2.162 million tons recoverable by underground mining methods. The proximate analysis of the coal on a received basis averages 13,450-14,000 BTU/lb., with 2.9-4.7% moisture, 0.8-1.4% sulfur, 5.6-7.1% ash, 53.5-72.3% fixed carbon, and 17.8-35.9% volatile matter. The McCurtain tract, OKNM 108097 is located in Haskell County, Oklahoma, and encompasses 2,380 acres. Estimated recoverable Federal reserves of bituminous coal from the Hartshorne seam is 6.538 million tons recoverable by underground mining methods. The proximate analysis of the coal on a received basis averages 13,960 BTU/lb., with 3.1% moisture, 0.9% sulfur, 6.7% ash, 68.2% fixed carbon, and 22.0% volatile matter. The public is invited to submit written comments on the FMV and MER of the tracts proposed to be offered for lease and on factors that may affect FMV and MER. A public hearing will be held to accept testimony on FMV and MER of the proposed lease tracts at 1 p.m., on Tuesday, March 1, 2005, at the BLM Oklahoma Field Office in Tulsa, Oklahoma.

Mr. and Mrs. Glen A. Van Brunt (Applicants) request an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The Applicants anticipate taking about 1.0 acre of occupied Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) nesting, foraging, and sheltering habitat, incidental to land clearing of their 5.5-acre lot and subsequent residential construction of a single-family home and supporting infrastructure in Charlotte County, Florida (Project). The Applicants' Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project on the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. The U.S. Fish and Wildlife Service (Service) announces the availability of the HCP and the Environmental Assessment for the ITP application. Copies of the HCP may be obtained by making a request to the Service's Southeast Regional Office (see ADDRESSES). Requests must be in writing to be processed. This notice is provided pursuant to Section 10 of the Endangered Species Act and National Environmental Policy Act (NEPA) regulations (40 CFR 1506.6). The Service specifically requests information, views, and opinions from the public via this Notice on the Federal action. Further, the Service specifically solicits information regarding the adequacy of the HCP as measured against the Service's permit issuance criteria found in 50 CFR Parts 13 and 17.

The Fish and Wildlife Service (Service) is reopening the public comment period on the Draft Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP), Draft Implementing Agreement, and Draft Environmental Impact Report/Environmental Impact Statement (EIR/ EIS) for an incidental take permit for 27 species in Riverside County, California.

The Minerals Management Service (MMS) is giving notice of public workshops concerning the valuation of crude oil produced from Indian oil and gas leases.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in Form MMS-144, ``Rig Movement Notification Report.'' This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR 206. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. We changed the title of this ICR to clarify the regulatory language we are covering under 30 CFR 206. The previous title of this ICR was ``Request to Exceed Regulatory Allowance Limitation.'' The new title of this ICR is ``30 CFR 206 Product Valuation, Subpart BIndian Oil, Sec. 206.54; Subpart C Federal Oil, Sec. 206.109; Subpart DFederal Gas, Sec. Sec. 206.156 and 206.158; and Subpart EIndian Gas, Sec. 206.177 (Form MMS-4393, Request to Exceed Regulatory Allowance Limitation).''

This notice publishes the approval of the TribalState Compact between the Winnebago Tribe of Nebraska and the State of Iowa.

The U.S. Fish and Wildlife Service announces that the Kern and Pixley Refuges' Final Comprehensive Conservation Plan (CCP) and Summary are available for distribution. The CCP, prepared pursuant to the National Wildlife Refuge System Administration Act as amended, and in accordance with the National Environmental Policy Act of 1969, describes how the Service will manage the two Refuges for the next 15 years. The compatibility determinations for waterfowl hunting, wildlife observation and photography, environmental education and interpretation, research, grazing and mosquito control are also available with the CCP.

On January 4, 2005, we, the U.S. Fish and Wildlife Service, published a final rule to designate critical habitat for the threatened Santa Ana sucker (Catostomus santaanae) pursuant to the Endangered Species Act of 1973, as amended. Because we made an error in use of amendatory language, one of the final rule's two regulatory amendments could not be properly reflected in the Code of Federal Regulations. This correction document rectifies that error.

The MMS prepared six EAs for processing applications for Suspensions of Production or Operations for nine units and one non- unitized lease located on the Pacific OCS and issued a FONSI for each EA pursuant to the requirements of the National Environmental Policy Act (NEPA). These environmental documents are available on MMS's Web site at https://www.mms.gov/omm/pacific.

Pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.), the U.S. Fish and Wildlife Service (Service or ``we'') advises the public that we intend to gather information necessary to prepare, in coordination with the California Department of Fish and Game (CDFG) and the California Department of Parks and Recreation (CDPR), a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) on the proposed Habitat Conservation Plan for the San Luis Obispo Coast District and Oceano Dunes State Vehicular Recreation Area (HCP). The proposed HCP is being prepared under section 10(a)(1)(B) of the Endangered Species Act of 1973 as amended, (ESA) (16 U.S.C. 1531 et seq.). The incidental take permit is needed to authorize the incidental take of listed species as a result of implementing activities covered under the proposed HCP. We provide this notice to: (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an EIS/EIR; (3) announce the initiation of a 30-day public scoping period; and (4) obtain suggestions and information on the scope of issues and alternatives to be included in the EIS/EIR.

The U.S. Fish and Wildlife Service is publishing in the Federal Register the priority list of wildlife and sport fish conservation projects submitted by the International Association of Fish and Wildlife Agencies for funding under the Multistate Conservation Grant Program. This notice is required by the Wildlife and Sport Fish Restoration Programs Improvement Act of 2000 (Public Law 106-408). FY 2005 grants may be made from this priority list.

A 30 acre public parcel of land located in the Pleasant Valley south of Reno, Washoe County, Nevada, has been examined and found suitable for sale utilizing competitive sale procedures.

This notice rescinds the Notice of Intent published by the Bureau of Indian Affairs in the Federal Register on April 29, 2003.

This notice advises the public that Triview Metropolitan District and Forest Lakes Metropolitan District (Applicant) have applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act (ESA) of 1973, as amended. The proposed permit would authorize the incidental take of the Preble's meadow jumping mouse, Zapus hudsonius preblei (Preble's), federally listed as threatened, through loss and modification of habitat it periodically uses for foraging, breeding and/or hibernation, associated with construction of a new sanitary sewer line extension connecting to an existing sewer line, a nonpotable water reuse line, a secondary sewer line, and a new dirt access road into the Upper Monument Creek Wastewater Treatment Facility (Facility) on Jackson Creek, El Paso County, Colorado. The duration of the permit would be 20 years from the date of issuance. We announce the receipt of the Applicant's incidental take permit application, which includes a Low-Effect Habitat Conservation Plan (LEHCP) for Preble's on Jackson Creek within the Facility. The LEHCP fully describes the proposed project and the measures the Applicant would undertake to minimize and mitigate project impacts to Preble's. We are requesting comments on the permit application and on the preliminary determination that the LEHCP is eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. The basis for this determination is discussed in the LEHCP and associated Low-Effect Screening Form, which are available for public review.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft economic analysis for the proposed designation of critical habitat for the arroyo toad (Bufo californicus) under the Endangered Species Act of 1973, as amended (Act). We also announce that we have revised the methods for determining proposed essential and critical habitat areas for the arroyo toad. Additionally, we propose to exclude areas from the proposed designation from Units 1, 6, and 22 in Monterey, Los Angeles, and San Bernardino counties, under authority of section 4(b)(2) of the Act. Comments previously submitted on the proposed rule need not be resubmitted as they have been incorporated into the public record as a part of this reopening of the comment period, and will be fully considered in preparation of the final rule. Copies of the draft economic analysis and the proposed rule for critical habitat designation are available on the Internet at https:// ventura.fws.gov or from the Ventura Fish and Wildlife Office at the address and contact numbers below.