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

In accordance with the Federal Land Policy and Management Act (1976) and the Federal Advisory Committee Act (1972), the U.S. Department of the Interior, Bureau of Land Management (BLM) Pinedale Anticline Working Group (PAWG) Socioeconomic Task Group (subcommittee) will meet in Pinedale, Wyoming, for a business meeting. Task Group meetings are open to the public.

This rule amends regulations to correct an unintended potential gap and administrative oversight in the original deep gas royalty rule by making leases located partly in water deeper than 200 meters and issued during lease sales held in 2001 and later years expressly eligible for royalty relief for drilling deep gas wells on leases not subject to deep water royalty relief.

In accordance with the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and Bureau of Land Management (BLM) management policies, a Draft East Alaska Resource Management Plan and Environmental Impact Statement (Draft EARMP/EIS) has been prepared for public lands and resources administered by the Bureau of Land Management's Glennallen Field Office. The public is invited to review and comment on the range and adequacy of the draft alternatives and associated environmental effects. For comments to be most helpful, they should relate to specific concerns or conflicts that are within the legal responsibilities of the BLM and can be resolved in this planning process. The Draft EARMP/EIS will provide the management guidance for resource decisions on 7.1 million acres of BLM-administered lands in East Alaska. The EARMP/EIS will replace the Southcentral Management Framework Plan approved in 1980.

The Fish and Wildlife Service is amending a portion of the Lower St. Johns River Manatee Refuge area in Duval County, Florida, to provide for both improved public safety and increased manatee protection through improved marking and enforcement of the manatee protection area. Specifically, that portion of this manatee protection area which lies downstream of the Hart Bridge to Reddie Point will be modified to allow watercraft to travel up to 25 miles per hour (mph) in a broader portion of the St. Johns River to include areas adjacent to but outside of the navigation channel. Watercraft traveling near the banks of the river will be required to travel at slow speed much as they do now. The primary exception will be around Exchange Island where the coverage of the existing State and local slow-speed zones will be expanded. However, in the main portion of the river, watercraft will be allowed to travel at speeds up to 25 mph. The manatee protection area will also be expanded approximately one mile further downstream, to the extent it was originally proposed (68 FR 16602; April 4, 2003), in order to be consistent with existing State and local governmental manatee protection measures and thereby facilitate compliance. This modification is supported by State and local government and parties to the March 18, 2003, Stipulated Order which resulted in the initial rulemaking for this manatee protection area. The current configuration of the manatee protection area is not supported by the State of Florida or Duval County. While the Service is committed to enforcing these current protection measures, State and local government would normally provide a substantial portion of the enforcement effort. This rulemaking, through a minor modification in a small portion of the manatee protection area, resolves State and local objections and gains their support through education and enforcement throughout the extent of the manatee protection area. The modification will provide a substantial benefit to manatee conservation. Establishment of manatee protection areas is authorized under the Endangered Species Act of 1973, as amended (ESA), and the Marine Mammal Protection Act of 1972, as amended (MMPA), to further recovery of the Florida manatee (Trichechus manatus latirostris) by preventing the taking of one or more manatees. We also announce the availability of a final environmental assessment for this action. Under authority of 5 U.S.C. 553, we find good cause to make this rule final without prior opportunity for public comment because public notice and comment on the rule is contrary to the public interest. However, the public may provide comments on this final rule at any time to the address in the ADDRESSES caption below.

Dorothy V. Jacobs and Paul A. Jacobs (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 0.23 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and possibly nesting habitat incidental to lot preparation for the construction of a single-family home and supporting infrastructure in the City of Palm Bay, Brevard County, Florida (Project). The destruction of 0.23 acre of foraging, sheltering, and possibly nesting habitat is expected to result in the take of one family of scrub-jays. The Applicants' Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We have determined that the Applicants' proposal, including the proposed mitigation and minimization measures, will individually and cumulatively have a minor or negligible effect on the species covered in the HCP. Therefore, the ITP is a ``low-effect'' project and would qualify as a categorical exclusion under the National Environmental Policy Act (NEPA), as provided by the Department of Interior Manual (516 DM2, Appendix 1 and 516 DM 6, Appendix 1). We announce the availability of the HCP for the incidental take application. Copies of the HCP may be obtained by making a request to the 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 NEPA regulations (40 CFR 1506.6).

We, the U.S. Fish and Wildlife Service (Service), announce the extension of the public comment period for the proposal to designate critical habitat for the Arkansas River Basin population of the Arkansas River Shiner (Notropis girardi) (October 6, 2004; 69 FR 59859). This action will allow all interested parties an opportunity to comment on the proposed critical habitat designation under the Endangered Species Act of 1973, as amended.

We (Fish and Wildlife Service) have submitted to OMB a request to renew approval for information collection associated with our Training Application (FWS Form 3-2193). Applicants who wish to participate in training sponsored by the Fish and Wildlife Service National Conservation Training Center (NCTC) must complete a training application, which is available in both electronic (Internet) and hard copy versions.

This final rule addresses six areas involving Indian education: Defining adequate yearly progress; establishing geographic attendance areas for Bureau of Indian Affairs-funded schools (Bureau- funded schools); establishing a formula for the minimum amount necessary to fund Bureau-funded schools; establishing a system of uniform direct funding and support for Bureau-operated schools; providing guidelines to ensure the Constitutional and civil rights of Indian students; and establishing a method for administering grants to tribally controlled schools. The rule implements the provisions of the No Child Left Behind Act of 2001.

In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collections of information under 30 CFR 745, State-Federal cooperative agreements; and 30 CFR 887, Subsidence Insurance Program Grants.

The Bureau of Land Management (BLM) is providing the six-month notification to suspend all royalty reductions for the production of heavy oil under the regulations at 43 CFR 3103.4-3(b)(6)(i) and of the termination of availability of further heavy oil relief. In addition, BLM is requesting comments on the conditions under which the suspension of the program should end.

The public is invited to comment on the following applications to conduct certain activities with endangered species.

The public is invited to comment on the following applications to conduct certain activities with endangered species.

Pursuant to the National Environmental Policy Act (NEPA) of 1969 (as amended), the Bureau of Reclamation (Reclamation) has prepared a Final Environmental Impact Statement (EIS) for the Folsom Dam Road Restricted Access action. The action would entail a long-term decision on the closure of Folsom Dam Road to public access. A Notice of Availability of the Draft EIS was published in the Federal Register on Friday, December 3, 2004 (69 FR 70278). The written comment period on the Draft EIS ended on Tuesday, January 18, 2005. The Final EIS contains responses to all comments received and reflects comments and any additional information received during the review period.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Fish and Wildlife Service (Service) advises the public that we intend to gather information necessary to prepare an Environmental Impact Statement (EIS) on the proposed expansion and amendment of the U.S. Borax Inc. (U.S. Borax) Life of Mine Project Habitat Conservation Plan (HCP). The proposed amendment is being prepared under section 10(a)(1)(B) of the Endangered Species Act of 1973 as amended, (Act). The HCP and incidental take permit amendments are needed to authorize the incidental take of listed species as a result of implementing activities covered under the proposed HCP amendment. 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; (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.

A 1.21 acre parcel of public land located in Lane County, Oregon is being considered for sale at not less than appraised market value. This parcel is proposed to be sold through modified competitive procedures.

On March 28, 2005, pursuant to 30 CFR 256.29(c) as a matter of information to the public, the MMS published in the Federal Register the Notice of Availability of the proposed Notice of Sale for OCS Sale 196 in the Western GOM. The title of that Notice correctly identified the proposed sale as an oil and gas lease sale in the Western GOM. However, in the summary of the action, the sale was incorrectly identified as a Central GOM sale. We are issuing this Notice to correct that error.

Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969, and the Federal Land Policy and Management Act of 1976, notice is hereby given that the Winnemucca Field Office (WFO) of the Bureau of Land Management (BLM) is initiating the preparation of an Environmental Impact Statement (EIS) for a proposed coal-fired power plant.

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 owners of unpatented claims, mill sites, and tunnel sites. BLM uses Forms 3830-2 and 3830-3 to collect this information to record such claims and sites; determine the land status at the time of location; collect annual maintenance and location fees; process waivers of annual fees; process annual affidavits of labor or notices of intent to hold a mining claim or site; process requests for deferments from assessment work; process transfers of interest; and adjudicate such claims and sites. The regulations under 43 CFR 3830-3833, 3840-3843, and 3850-3852 authorize BLM to collect the above information to manage the general mining law activities on public lands.

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) requests the Office of Management and Budget (OMB) to extend an existing approval to collect information to determine whether a bidder is qualified to hold a lease and to conduct geothermal resource operations under the terms of the Mineral Leasing Act of 1920 and the Geothermal Steam Act of 1969. BLM uses Forms 3000-2 and 3200-9 to collect this information.

This action informs the public that BLM has examined and found suitable approximately 15 acres of public land in Dona Ana County, New Mexico for lease or conveyance to Las Cruces Public Schools under the provision of the R&PP Act, as amended (44 Stat. 741, as amended; 43 U.S.C. 869 et seq.) and Section 212 of the Federal Land Policy and Management Act (FLPMA of 1976, as amended).

Pursuant to the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), a petition for reinstatement of oil and gas lease COC60770 for lands in Garfield County, Colorado, was timely filed and was accompanied by all the required rentals accruing from the date of termination.

This order withdraws approximately 90 acres of public land from location and entry under the United States mining laws for a period of 5 years to protect the Tyro Mill Site Reclamation Project while the Bureau of Land Management completes land use planning for the area.