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

This notice announces a meeting of the Aquatic Nuisance Species (ANS) Task Force Great Lakes Panel on Aquatic Nuisance Species. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.

This notice advises the public that the Bureau of Indian Affairs is amending its Notice of Intent to Prepare an Environmental Impact Statement (EIS) for the proposed Desert Rock Energy Project, San Juan County, New Mexico, published in the Federal Register on November 10, 2004 (69 FR 65215), which described the proposed action. The amendments: (1) Add the Office of Surface Mining Reclamation and Enforcement, the Bureau of Land Management and the U.S. Environmental Protection Agency (EPA) as cooperating agencies; (2) include the mining of up to six million more tons of coal per year from the BHP Navajo Coal Company lease area and delivery of that coal to the proposed power plant, plus the issuance of permits required under the Clean Water Act by the Army Corps of Engineers and/or the EPA, for analysis in the EIS; (3) announce five more public scoping meetings to identify potential issues and alternatives for inclusion in the EIS; and (4) extend the period for public comment on scoping for the EIS.

In response to the inherent risks of gaming enterprises and the resulting need for effective internal controls in Tribal gaming operations, the National Indian Gaming Commission (Commission or NIGC) first developed Minimum Internal Control Standards (MICS) for Indian gaming in 1999, and then later revised them in 2002. The Commission recognized from the outset that periodic technical adjustments and revisions would be necessary in order to keep the MICS effective in protecting Tribal gaming assets and the interests of Tribal stakeholders and the gaming public. To that end, the following proposed rule revisions contain certain proposed corrections and revisions to the Commission's existing MICS, which are necessary to clarify, improve, and update other existing MICS provisions. The purpose of these proposed MICS revisions is to address apparent shortcomings in the MICS and various changes in Tribal gaming technology and methods.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management's (BLM) Utah Resource Advisory Council (RAC) will meet as indicated below.

The U.S. Fish and Wildlife Service announces that the Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) is available for Agassiz NWR, Minnesota. The CCP was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969. Goals and objectives in the CCP describe how the agency intends to manage the refuge over the next 15 years.

Dr. W. H. Abraham, Mr. Terry Bartee, Ms. Sarah Bertrand, Ms. Edith Bolster, Mr. Billy Bullock, Ms. Jerilyn Byrd, Mr. Walter Cooper, Mr. Thomas Cox, Mr. and Mrs. George Cromer, Mr. Larry Dawson, Mr. William Denholm, Ms. Ellen Dinges, Mr. Jody Greene, Mr. Perry Hand, Mr. Leo Hastings, Mr. Asa Hollowell, Mr. Robert Howell, Mr. Trice Hulling, Ms. Virginia Jordan, Mr. Kerwin Lane, Mr. John Lucas, Ms. Linda Mangold, Mr. Martens, Ms. Cynthia Meichner, Mr. and Mrs. Kevin Nagley, Mr. Greg Nayden (3 applications), Mr. Robert Pate, Ms. Terry Pettus, Mr. Steven Quinn (2 applications), Mr. James Randolph, Mr. Robert Relinski (2 applications), Mr. Jeffrey Ryder, Sage Development (10 applications), Mr. Jose Silvas, Mr. P.K. Smartt, Mr. Delmar Smith, Mr. Jim Stephenson, Mr. Richard Willoughby, Mr. William Yates, Mr. Robert Yokley, Mr. Jim Young, and Ms. Debra Zak have applied to the Fish and Wildlife Service (Service) for incidental take permits (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended (Act) for the take of Alabama beach mouse (Peromyscus polionotus ammobates) (ABM). The proposed take would be incidental to the otherwise lawful activity of constructing 49 single family and 6 duplex residences in Baldwin County, Alabama. The applicants have prepared Habitat Conservation Plans (HCP) in accordance with section 10(a)(2)(A) of the Act, specifying, among other things, the impacts that are likely to result from the taking and the measures each applicant would undertake to minimize and mitigate such impacts. A detailed description of the proposed minimization and mitigation measures is provided in the applicants' HCPs, and in our Environmental Assessment (EA). The proposed action would involve approval of the HCPs if the statutory issuance criteria are satisfied. The EA considers the environmental impacts of the proposed projects on, including but not limited to, endangered and threatened species.

The following applicants have applied for scientific research permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended.

A Notice of Intent to prepare a Resource Management Plan for public lands and resources in Daggett, Duchesne and Uintah counties, Utah was published in the Federal Register, volume 66, No. 48, Monday, March 12, 2001. This supplements that notice with a call for coal resource and other resource information, as required in 43 CFR 3420.1.

This notice closes certain public lands in Yellowstone County, Montana, to target shooting with firearms. This restriction is necessary for the management of actions, activities, and public use on certain public lands that may have, or are having, adverse impacts on persons using public lands, on property, and on resources located on public lands. Increasing levels of public use are creating conflicts between different user groups. Hikers, horseback riders, mountain bikers, wildlife observers, hunters, and target shooters all utilize the subject lands.

The Bureau of Land Management (BLM), Carson City Field Office, announces the temporary closure of selected public lands under its administration in Lyon, Storey, Churchill, Carson, Douglas, Mineral, Washoe and Nye Counties. By agreement with the Las Vegas and Battle Mountain Field Offices and the Tonopah Field Station, those lands affected by the Vegas to Reno and Nevada 1000 OHV Races in Nye and Esmeralda Counties are included in this closure. This action is taken to provide for public and participant safety and to protect adjacent natural and cultural resources during the conduct of permitted special recreation events.

The Powder River Regional Coal Team (RCT) has scheduled a public meeting for April 27, 2005, to review current and proposed activities in the Powder River Coal Region and to review pending coal lease applications (LBA).

In accordance with title 43, Code of Federal Regulations, Section 8364.1 notice is hereby given that all the below listed land, administered by the Bureau of Land Management (BLM), is closed to the discharge of firearms for the purpose of target shooting. The closure encompasses the Sacramento River Bend Area of Critical Environmental Concern (ACEC) and nearby scattered parcels, as well as future public land encompassed by the below descriptions. This immediate closure is necessary to protect human health and safety in an area of increasing recreational use and population growth.

We, the Fish and Wildlife Service (Service), confirm the non- economic exclusions made to our previous final rule (August 6, 2003, 68 FR 46683, effective September 5, 2003), which designated critical habitat pursuant to the Endangered Species Act of 1973, as amended (Act), for 4 vernal pool crustaceans and 11 vernal pool plants. A total of approximately 1,184,513 ac (479,356 ha) of land falls within the boundaries of designated critical habitat. This estimate reflects exclusion of: Lands within the boundaries of Habitat Conservation Plans, National Wildlife Refuge lands and National fish hatchery lands (33,097 ac (13,394 ha)), State lands within ecological reserves and wildlife management areas (20,933 ac (8,471 ha)), Department of Defense lands within Beale and Travis Air Force Bases as well as Fort Hunter Liggett and Camp Roberts Army installations (64,259 ac (26,005 ha)), Tribal lands managed by the Mechoopda Tribe (644 ac (261 ha)), and the Santa Rosa Plateau Ecological Reserve (10,200 ac (4,128 ha)) from the final designation. The area estimate does not reflect the exclusion of lands within the California counties of Butte, Madera, Merced, Sacramento, and Solano, which are excluded from the final designation pursuant to section 4(b)(2) of the Act and pending further analysis as directed by the October 29, 2004, order by the court. This critical habitat designation requires us to consult under section 7 of the Act with regard to actions authorized, funded, or carried out by a Federal agency. Section 4 of the Act requires us to consider economic and other relevant impacts when specifying any particular area as critical habitat. We solicited data and comments from the public on all aspects of the proposed rule, including data on economic and other impacts of the designation.

Notice is given that the Tribal-State Gaming Compact between the Seneca-Cayuga Tribe and the State of Oklahoma is considered approved and is in effect.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are inviting comments on a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. The title of this information collection request (ICR) is ``30 CFR 208Sale of Federal Royalty Oil; Sale of Federal Royalty Gas; and Commercial Contracts (Forms MMS-4070, Application for the Purchase of Royalty Oil; MMS-4071, Letter of Credit; and MMS-4072, Royalty-in- Kind Contract Surety Bond).'' We changed the title of this ICR to clarify the regulatory language we are covering under 30 CFR part 208 and the Royalty-in-Kind (RIK) 5-Year Business Plan, and to reflect OMB consolidation approval of five RIK-related ICRs. Those ICRs were titled: 1010-0042: 30 CFR part 208Sale of Federal Royalty Oil; Royalty-in-Kind (RIK) Program (Form MMS-4070, Application for the Purchase of Royalty Oil); 1010-0119: 30 CFR part 208Sale of Federal Royalty Oil, Royalty Oil Sales to Eligible Refiners (30 CFR 208.4(a) and (d)); 1010-0126: Royalty-in-Kind (RIK) Pilot Program Directed Communications by Operators of Federal Oil and Gas Leases; 1010-0129: Royalty-in-Kind Pilot ProgramOffers, Financial Statements, and Surety Instruments for Sales of Royalty Oil and Gas; and 1010-0135: 30 CFR 208.11(a), (b), (d), and (e)Surety Requirements (Forms MMS-4071 and MMS-4072). In the five ICRs, much of the general information was repeated and cross referenced. This consolidated ICR 1010-0119 eliminates that duplication of effort and redundancy of data. It also provides for all RIK information-collection requirements to be reviewed on a MMS RIK operational program-wide basis.

We, the U.S. Fish and Wildlife Service (Service), are promulgating a special rule under Section 4(d) of the Endangered Species Act of 1973, as amended (Act), to exempt the import and export of and foreign and interstate commerce in certain products of beluga sturgeon (Huso huso) from threatened species permits normally required under 50 CFR 17.32. The beluga sturgeon's historical range includes 18 countries within the watersheds of the Caspian Sea, Black Sea, Sea of Azov, and the Adriatic Sea. The species is currently known to occur only in the Caspian and Black Seas and certain rivers connected to these basins. Of the 14 countries where the species still occurs, only 11 have significant beluga sturgeon habitat in the Caspian Sea, Black Sea or Danube River and consequently these countries take responsibility for cooperative management of the species (Azerbaijan, Bulgaria, Georgia, Islamic Republic of Iran, Kazakhstan, Romania, Russian Federation, Serbia and Montenegro, Turkey, Turkmenistan, and Ukraine; hereafter referred to as the ``littoral states''). Overharvest, severe habitat degradation, and other factors have led to the listing of beluga sturgeon as threatened throughout its range under the Act and in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In our final rule listing the beluga sturgeon as threatened, we delayed the effective date of the listing for 6 months to allow time for us to promulgate a special rule under Section 4(d) of the Act. The listing became effective on October 21, 2004, yet this 4(d) rule was not yet promulgated. Therefore, we promulgated a special interim rule on October 21, 2004, to continue to allow CITES-consistent trade in all beluga sturgeon and products until this 4(d) rule was finalized and effective. When this 4(d) rule becomes effective, it will repeal the special interim rule and the Act will prohibit all trade (import, export, re-export, and foreign and interstate commerce) in beluga sturgeon and beluga sturgeon products, except as provided in the special rule or with permits under the provisions of Section 10 of the Act. This special rule initially allows littoral states 6 months from the rule's effective date to submit a suite of reports and management measures to us for review. During this initial 6-month period, imports, re-exports, and exports of, and interstate and foreign commerce in, certain beluga sturgeon caviar and meat will continue without a requirement for threatened species permits. This is intended to provide the littoral states time to submit the required documents. Similarly, we will consider making programmatic permit exemptions for commercial aquaculture facilities outside the littoral states if they meet certain criteria for: (1) Enhancing the survival of populations of wild beluga sturgeon; and (2) not threatening native aquatic fauna in the country in which the facility is located. CITES documentation will still be required for any international movement of beluga sturgeon and beluga sturgeon products, except as they may qualify for an exemption as personal or household effects. After an initial 6 months of gathering information from the littoral states, these exemptions will occur only if the information provided fulfills certain requirements, as described below. In addition, all relevant provisions of CITES will continue to govern international trade in all beluga sturgeon products. We are allowing this conditional trade to promote the effective conservation of Huso huso in the littoral states, through demonstrable law enforcement and cooperative management activities. DATES: This rule is effective March 4, 2005. The reasons for this accelerated implementation, which replaces the standard 30-day time frame, are described below in the ``Background'' section. ADDRESSES: The complete file for this rule is available for inspection by appointment during normal business hours in the office of the Division of Scientific Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 750, Arlington, Virginia 22203. Requests for copies of the regulations regarding listed wildlife and inquiries about prohibitions and permits may be addressed to: Division of Management Authority, Branch of PermitsInternational, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 700, Arlington, Virginia 22203.

This notice announces an upcoming meeting of the Delaware & Lehigh National Heritage Corridor Commission. Notice of this meeting is required under the Federal Advisory Committee Act (Pub. L. 92-463). Meeting Date and Time: Friday, March 11, 2005, Time 1:30 p.m. to 4 p.m.

Public access to the following lands in San Juan County, Colorado, has been temporarily restricted and partially closed to public use under federal regulations at Title 43 Code of Federal Regulations Sec. 8364.1.

This order partially revokes a Public Land Order insofar as it affects approximately 150 acres of National Forest System lands withdrawn for Birch and Sulphur Campgrounds and South Fork Recreation Area. This order opens the lands to mining.

Clark County of Nevada proposes to change the use of public lands in an existing Recreation and Public Purposes lease to add a fire station facility.

The Bureau of Land Management is soliciting nominations form the public to fill a vacated position on the Central California Resources Advisory Council and serve the remainder of a three-year term which expires in September, 2006. Council members provide advice and recommendations to the BLM on the management of public lands in Central California.

In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management, New Mexico Resource Advisory Council (RAC) will meet as indicated below.