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

Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Navarretia fossalis
Document Number: 05-17452
Type: Proposed Rule
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed designation of critical habitat for Navarretia fossalis, and the availability of a draft economic analysis of the proposed designation of critical habitat. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis. Comments previously submitted on this proposed rule need not be resubmitted as they have already been incorporated into the public record and will be fully considered in our final determination.
Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Atriplex coronata
Document Number: 05-17451
Type: Proposed Rule
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed designation of critical habitat for Atriplex coronata var. notatior under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), and the availability of a draft economic analysis of the proposed designation of critical habitat. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis. Comments previously submitted on this proposed rule need not be resubmitted as they have already been incorporated into the public record and will be fully considered in our final determination of critical habitat for this taxon.
Endangered and Threatened Wildlife and Plants; Listing the Gila Chub as Endangered With Critical Habitat
Document Number: 05-17450
Type: Proposed Rule
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft economic analysis and draft environmental assessment for the proposal to list as endangered and designate critical habitat for the Gila chub (Gila intermedia) under the Endangered Species Act of 1973, as amended (Act). We are also reopening the public comment period for the proposal to list the Gila chub as endangered with critical habitat to allow all interested parties an opportunity to comment on and request changes to the proposed listing and critical habitat designation, as well as the associated draft economic analysis and draft environmental assessment. The draft economic analysis finds that costs associated with Gila chub conservation activities are forecast to range from $11.3 million to $28.1 million in constant dollars over 20 years ($0.8 million to $1.9 million annually). In addition, we are proposing corrected legal descriptions for the critical habitat units. Comments previously submitted on the August 9, 2002, proposed rule need not be resubmitted as they have been incorporated into the public record and will be fully considered in preparation of the final rule. We will hold three public informational sessions and hearings (see DATES and ADDRESSES sections).
Texas Regulatory Program
Document Number: 05-17337
Type: Proposed Rule
Date: 2005-08-31
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of a proposed amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas proposes to revise its fish and wildlife habitat revegetation guidelines by adding technical standards for reclaiming mined land to habitat suitable for bobwhite quail and other grassland bird species and by making associated changes to existing guidelines. Texas intends to revise its program to encourage reclamation practices that are suitable for grassland bird species. This document gives the times and locations that the Texas program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Texas Regulatory Program
Document Number: 05-17336
Type: Proposed Rule
Date: 2005-08-31
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing the withdrawal of an amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas proposed to add a new policy document to its program that describes mine permit implementation actions that would not, in the opinion of the Railroad Commission of Texas (Commission), be considered permit revisions and as such would not be subject to Commission review and approval. Texas intended to revise its program to improve operational efficiency. Texas is withdrawing the amendment at its own initiative.
Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2005-06 Early Season
Document Number: 05-17332
Type: Rule
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes special early season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.
Receipt of Applications for Permit
Document Number: 05-17331
Type: Notice
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.
Marine Mammal Annual Report Availability, Combined Calendar Years 1999 and 2000
Document Number: 05-17330
Type: Notice
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service and the Biological Resources Discipline of the U.S. Geological Survey, have issued our combined Calendar Years 1999 and 2000 annual report on marine mammals under the jurisdiction of the U.S. Department of the Interior, as required by section 103(f) of the Marine Mammal Protection Act of 1972. Our report covers the periods of January 1 to December 31, 1999, and January 1 to December 31, 2000. We submitted the report to Congress on September 7, 2004. By this notice, we are informing you, the public, that the report is available and that copies may be obtained on request to the U.S. Fish and Wildlife Service.
Receipt of Applications for Permit
Document Number: 05-17329
Type: Notice
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.
Aquatic Nuisance Species Task Force-Meeting of the Mid-Atlantic Regional Panel
Document Number: 05-17328
Type: Notice
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
This notice announces a meeting of the Aquatic Nuisance Species (ANS) Task Force Mid-Atlantic Regional Panel. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.
Endangered and Threatened Wildlife and Plants; Initiation of a 5-Year Review of Aleutian Shield Fern (Polystichum aleuticum
Document Number: 05-17317
Type: Notice
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) announces a 5- year review of Aleutian shield fern (Polystichum aleuticum) under section 4(c)(2)(A) of the Endangered Species Act of 1973 (Act) (16 U.S.C. 1531 et seq.). A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. A 5-year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information on Aleutian shield fern that has become available since its original listing as an endangered species in 1988 (53 FR 4626). Based on the results of this 5-year review, we will make the requisite finding under section 4(c)(2)(B) of the ESA.
Burns Paiute Tribe Liquor Ordinance; Amendment
Document Number: 05-17281
Type: Notice
Date: 2005-08-31
Agency: Department of the Interior, Bureau of Indian Affairs, Indian Affairs Bureau
This notice publishes an Amendment to the Burns Paiute Tribe's Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Burns Paiute Tribe's Indian Country. The land is located on trust land and this Ordinance allows for the possession and sale of alcoholic beverages within the Burns Paiute Tribe's Indian Country and will increase the ability of the tribal government to control the tribe's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.
60-day Notice of Intention To Request Clearance of Collection of Information: Opportunity for Public Comment
Document Number: 05-17261
Type: Notice
Date: 2005-08-31
Agency: Department of the Interior, National Park Service
Under the provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C., Chapter 3507) and 5 CFR part 1320, Reporting and Record Keeping Requirements, the National Park Service invites public comments on an extension of a currently approved collection (OMB1024-0018).
National Register of Historic Places; Notification of Pending Nominations and Related Actions
Document Number: 05-17260
Type: Notice
Date: 2005-08-31
Agency: Department of the Interior, National Park Service
National Register of Historic Places; Notification of Pending Nominations and Related Actions
Document Number: 05-17259
Type: Notice
Date: 2005-08-31
Agency: Department of the Interior, National Park Service
Migratory Bird Hunting; Early Seasons and Bag and Possession Limits for Certain Migratory Game Birds in the Contiguous United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands
Document Number: 05-17238
Type: Rule
Date: 2005-08-31
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits of mourning, white-winged, and white- tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; and some extended falconry seasons. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits taking of designated species during the 2005-06 season.
Migratory Bird Hunting; Final Frameworks for Early-Season Migratory Bird Hunting Regulations
Document Number: 05-17234
Type: Rule
Date: 2005-08-30
Agency: Fish and Wildlife Service, Department of the Interior
This rule prescribes final early-season frameworks from which the States, Puerto Rico, and the Virgin Islands may select season dates, limits, and other options for the 2005-06 migratory bird hunting seasons. Early seasons are those that generally open prior to October 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the Virgin Islands. The effect of this final rule is to facilitate the selection of hunting seasons by the States and Territories to further the annual establishment of the early-season migratory bird hunting regulations.
Notice of Proposed Information Collection for 1029-0063
Document Number: 05-17187
Type: Notice
Date: 2005-08-30
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
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 for 30 CFR part 870 and the OSM-1 Form. This collection consolidates the requirements for all of part 870, including the provisions for excess moisture deductions previously approved by the Office of Management and Budget (OMB) under control number 1029-0090.
Notice of a 30-Day Public Comment Period To Affirm the Policy for the Standards To Establish the Potash Enclave as Used To Administer the Secretarial Order of 1986 Entitled “Oil and Gas and Potash Leasing and Development Within the Designated Potash Area of Eddy and Lea Counties, New Mexico”
Document Number: 05-17176
Type: Notice
Date: 2005-08-30
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
This notice solicits public comments on the report which affirms the existing policy on the criteria used to establish the potash enclave.
Injurious Wildlife Species; Black Carp (Mylopharyngodon piceus
Document Number: 05-17173
Type: Proposed Rule
Date: 2005-08-30
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of a draft environmental assessment and draft economic analysis for public comment. These documents supplement the information in the proposed rule to add all forms (diploid and triploid) of live black carp (Mylopharyngodon piceus), gametes, and viable eggs to the list of injurious fish, mollusks, and crustaceans under the Lacey Act. We are also soliciting public comments on all aspects of the proposed rule.
Notice of Intent To Prepare an Environmental Impact Statement for the Confederated Tribes of the Warm Springs Reservation of Oregon Proposed Trust Acquisition and Resort and Casino Project, Cascade Locks, Hood River County, OR
Document Number: 05-17167
Type: Notice
Date: 2005-08-30
Agency: Department of the Interior, Bureau of Indian Affairs, Indian Affairs Bureau
This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, in cooperation with the Confederated Tribes of the Warm Springs Reservation of Oregon (Tribes), intends to prepare an Environmental Impact Statement (EIS) for a proposed 25-acre trust acquisition and resort and casino project, including transportation system improvements, to be located within the city of Cascade Locks, Hood River County, Oregon. Other cooperating agencies include the Oregon Department of Transportation, the city of Cascade Locks, the port of Cascade Locks, Hood River County and, because of proposed transportation system improvements to Interstate 84, the Federal Highway Administration. The purpose of the proposed action is to improve the economy of the Tribes and help their members attain economic self-sufficiency. This notice also announces public scoping meetings to identify potential issues and alternatives to be considered in the EIS.
Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Plans and Information
Document Number: 05-16764
Type: Rule
Date: 2005-08-30
Agency: Department of the Interior, Minerals Management Service
This rule reorganizes and updates the requirements and processes for submitting various plans and information for MMS review and approval before a lessee or an operator may explore, develop, or produce oil and gas and sulphur in the Outer Continental Shelf (OCS).
Final Decisions Regarding Self-Determination and Self-Governance Funding Agreement Language on Fiduciary Trust Records Management
Document Number: 05-17137
Type: Notice
Date: 2005-08-29
Agency: Office of the Secretary, Department of the Interior
This notice announces the final decision regarding Self- Determination and Self-Governance language to be negotiated into funding agreements for 2006 regarding fiduciary trust records management. The Federal Register notice published on February 2, 2005 (70 FR 5457) presented a proposed policy on fiduciary trust records management for Self-Determination (Title I) and Self-Governance (Title IV) Tribes/Consortia and language to be negotiated into 2006 Title I and Title IV funding agreements. The February 2, 2005, notice also announced three consultation meetings and an invitation to submit written comments on the proposed policy and funding agreement language. Final Decision: After reviewing numerous comments and suggestions, both written and oral, the Department decided not to institute the proposed policy on fiduciary trust records management for Title I and Title IV Tribes/Consortia; rather, the Department will negotiate with each Tribe/Consortium a specific section in the funding agreement that addresses Tribe's/Consortium's and the Secretary's respective responsibilities regarding the management of fiduciary trust records. This specific section will include the definition of ``fiduciary trust records,'' ``Indian trust assets,'' and ``management.'' The language to be negotiated into the 2006 Title I and Title IV funding agreements regarding fiduciary trust records management is the following and will replace the three options used in the past. The Tribe/Consortium and Secretary agree to the following: The Tribe/Consortium agrees to: (a) Preserve, protect and manage all fiduciary trust records, created and/or maintained by the Tribes/Consortia during their management of trust programs in their Title IV agreements. (A fiduciary trust record is any document that reflects the existence of an Indian trust asset and was used in the management of an Indian trust asset. An Indian trust asset refers to lands, natural resources, monies or other assets held in trust at a particular time by the Federal Government for a Tribe, Alaska natives or that are or were at a particular time restricted against alienation, for individual Indians. Management includes actions that influence, affect, govern, or control an Indian trust asset. The following are examples not considered to be fiduciary trust records: General administrative, personnel or travel records; education records; law enforcement records; health records; law making unrelated to Indian trust assets; tribal council resolutions and laws unrelated to Indian trust assets; and tribal elections.) (b) Make available to the Secretary all fiduciary trust records maintained by the Tribe/Consortium, provided that the Secretary gives reasonable oral or written advance request to the Tribe/Consortium. Access shall include visual inspection and, at the expense of the Secretary, the production of copies (as agreed upon between the parties), and shall not include the removal of the records without tribal approval; and (c) Store and permanently retain all inactive fiduciary trust records at the Tribe/Consortium or allow such records to be removed and stored at the American Indian Records Repository (AIRR) in Lenexa, Kansas, at no cost to the Tribe/Consortium. The Secretary agrees to: (a) Allow the Tribe/Consortium to determine what records it creates to implement the trust programs assumed under its Title IV agreement, except that the Tribe/Consortium must create and maintain the information required by statute and regulation. No additional record keeping requirements are required by this agreement. (b) Store all inactive fiduciary trust records at the American Indian Records Repository (AIRR) at no cost to the Tribe/Consortium when the Tribe/Consortium no longer wishes to keep the records. Further, the Tribe/Consortium will retain legal custody and determine access to these records. Such records shall not be treated as Federal records for purposes of chapter 5 of Title 5 of the United States Code unless expressly agreed to by the Tribe; (c) Create and manage a single tribal storage and retrieval system for all fiduciary trust records stored at AIRR (No records will be accepted at AIRR until such a retrieval system exists); and (d) Provide filing equipment and technical assistance for Tribes/ Consortia in preserving, protecting and managing their fiduciary trust records from available funds appropriated for this purpose. Summary of Comments: The final decision above is the result of a nearly 2-year consultation process by the Department with some Title I and IV Tribes/Consortia. This process included: Conducting pre-scoping telephone conversations with tribal leaders, staff and consultants; holding a scoping meeting as part of a 2-day conference on Indian trust records management at Haskell Indian Nations University; forming a Tribal Fiduciary Trust Records Management Workgroup; conducting four workgroup meetings; transmitting a tribal leader letter soliciting comments on the proposed policy language to be presented for consultation; and engaging in discussions with Tribal leaders and staff at the Fall 2004, Self-Governance Conference. This process culminated with three consultation meetings held in Nashville, Tennessee; Portland, Oregon; and Phoenix, Arizona that were attended by approximately 60 tribal leaders, staff and consultants. In addition, written comments were received from 14 tribes, tribal organizations or tribal consultants some of whom attended the consultation meetings. The comments received can be grouped into the following four major categories: Category 1: New funding agreement language is not needed because existing compact and funding agreement language sufficiently provides for the maintenance of records of trust programs managed by the Tribes/ Consortia, and Tribes/Consortia should not be required to implement a Federal policy on fiduciary trust records management through their funding agreements. The Department respectfully disagrees. The Department believed that the three options available to Tribes/ Consortia in the past are too vague and do not specifically address the Secretary's primary concerns that fiduciary trust records not be destroyed and that the Secretary have the right to access those records if needed in her capacity as trustee delegate. The Department does agree with the comments that a Federal policy does not need to be instituted through the Departmental Manual. Instead the Department has chosen to negotiate language with each Tribe/Consortium into its funding agreement to address fiduciary trust records management. Category 2: The definition of ``fiduciary trust records'' is too broad and vague and the Department should produce a specific list of what fiduciary trust records should be maintained and preserved by the Tribe/Consortium. The definition is purposely broad in recognition of tribal sovereignty. It allows Tribes/Consortia the flexibility to create those records they believe are necessary to properly manage their trust assets through their Title I or Title IV funding agreements. For the Department to create a list of fiduciary trust records would have been both overly restrictive for some Tribes/ Consortia and overly expansive for others. A Department-generated list to be used by all Tribes/Consortia would have been restrictive in that it could deter tribes from creating certain records they feel were appropriate and at the same time it could be expansive by ``requiring'' Tribes/Consortia to create fiduciary trust records they did not believe were necessary for effective management of their trust assets. The Department's concern is that whatever trust records are created be properly protected and available to the Secretary. Category 3: The funding agreement language creates an unfunded mandate because no funding is being provided, and the language requires Tribes/Consortia to maintain record facilities and administer and monitor a records policy. The Department believes that the language proposed for negotiation does not require Tribes/Consortia to create and keep any additional records beyond those they now keep; namely, those that are required by statute or regulation or those records the Tribe/Consortium chooses to create in the management of its own trust resources. The language does not require a tribe to have any other kind of record keeping system other than the ones they currently operate. Before becoming a Title I or Title IV Tribe/Consortium, a Tribe/ Consortium had to demonstrate that it had a functional record keeping system and this language does not expand that requirement. Further, while the language does indicate that Tribes/Consortia are to preserve, protect and manage all fiduciary trust records and that all fiduciary trust records are to be kept permanently, once the Tribe/Consortium chooses that it no longer wants to house their inactive fiduciary trust records at their facility, the Secretary has offered to store those records, at the Secretary's expense, at the American Indian Records Repository. Finally, the Secretary is willing to provide to the Tribes/ Consortia equipment, training and technical assistance, subject to availability of appropriated funds for that purpose. Category 4: A potential problem exists for Tribes/Consortia in storing records at AIRR in that outside interests might gain access to Tribal/Consortium trust records through the Freedom of Information Act because the Tribal/Consortium trust records are held on the Tribe's/ Consortium's behalf by the Department in a Federal facility. To accommodate this concern, language was inserted stating that the Tribe/ Consortium retains legal custody and determines access to those records. Further, language was inserted stating that such records shall not be treated as Federal records for purposes of chapter 5 of Title 5 of the United States Code, unless expressly agreed to by the Tribe.
Invasive Species Advisory Committee
Document Number: 05-17133
Type: Notice
Date: 2005-08-29
Agency: Office of the Secretary, Department of the Interior
Pursuant to the provisions of the Federal Advisory Committee Act, notice is hereby given of meetings of the Invasive Species Advisory Committee. The purpose of the Advisory Committee is to provide advice to the National Invasive Species Council, as authorized by Executive Order 13112, on a broad array of issues related to preventing the introduction of invasive species and providing for their control and minimizing the economic, ecological, and human health impacts that invasive species cause. The Council is Co-chaired by the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce. The duty of the Council is to provide national leadership regarding invasive species issues. The purpose of a meeting on October 11-13, 2005 is to convene the full Advisory Committee; and to discuss implementation of action items outlined in the National Invasive Species Management Plan, which was finalized on January 18, 2001.
Subsistence Management Regulations for Public Lands in Alaska, Subpart A
Document Number: 05-17080
Type: Proposed Rule
Date: 2005-08-29
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
On December 8, 2004, we, the Federal Subsistence Board, published a proposed rule to revise and clarify the jurisdiction of the Federal Subsistence Management Program in coastal areas in southwestern Alaska. This rulemaking is necessary in order to exclude numerous saltwater embayments within National Wildlife Refuge boundaries that were never intended to fall under the jurisdiction of the Federal Subsistence Management Program. We are now reopening the comment period for this rulemaking action because of newly available maps of the specific embayments in southwestern Alaska to be excluded from the jurisdiction of the Federal Subsistence Management Program. If you have already commented on the proposed rule and have no additional comments to make as a result of viewing the newly available maps, then you do not need to resubmit your comment(s), as they will be fully considered in the final determination.
Receipt of Two Applications for Incidental Take Permits for Construction of Single-Family Homes in Brevard County, FL
Document Number: 05-17077
Type: Notice
Date: 2005-08-29
Agency: Fish and Wildlife Service, Department of the Interior
Maronda Homes, Inc. of Florida and Duke Construction Corporation (Applicants) each 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 a combined total of about 0.48 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and possibly nesting habitat incidental to lot preparation for the construction of single-family homes and supporting infrastructure in Brevard County, Florida (Project). The destruction of 0.48 acre of foraging, sheltering, and possibly nesting habitat is expected to result in the take of one family of scrub-jays over requested permit terms of 10 years (Maronda) and 2 years (Duke). The Applicants' Habitat Conservation Plans (HCPs) describe the mitigation and minimization measures proposed to address the effects of the Projects to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We have determined that the Applicants' proposals, including the proposed mitigation and minimization measures, will individually and cumulatively have a minor or negligible effect on the species covered in the HCPs. Therefore, the ITPs are ``low-effect'' projects and qualify as categorical exclusions under the National Environmental Policy Act (NEPA), as provided by the Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). Copies of the HCPs 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).
Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Seasonal Adjustments-Wildlife
Document Number: 05-17075
Type: Rule
Date: 2005-08-29
Agency: Department of Agriculture, Forest Service, Fish and Wildlife Service, Department of the Interior
This provides notice of the Federal Subsistence Board's in- season management actions to protect moose populations in Unit 22 and caribou populations in Unit 9. These actions will provide an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on June 22, 2005. Those regulations established seasons, harvest limits, methods, and means relating to the taking of wildlife for subsistence uses during the 2005 regulatory year.
Receipt of an Application for an Incidental Take Permit for the Florida Scrub-Jay Resulting From Construction of a Single-Family Home in Brevard County, FL
Document Number: 05-17068
Type: Notice
Date: 2005-08-29
Agency: Fish and Wildlife Service, Department of the Interior
Maronda Homes, Inc. (Applicant) requests an incidental take permit (ITP) for a duration of 10 years, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended (U.S.C. 1531 et seq.). The Applicant requests a permit to remove about 0.24 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 Section 23, Township 23 South, Range 35 East, Port St. John, Brevard County, Florida. The proposed destruction of 0.24 acre of foraging, sheltering, and possibly nesting habitat could result in the take of one family of scrub-jays. The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the project to the scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. The Fish and Wildlife Service (Service) has determined that the Applicant's 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 qualifies as a categorical exclusion under the National Environmental Policy Act (NEPA), as provided by the Department of the Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). We announce the availability of the ITP application and HCP for the incidental take application. Copies of the application and HCP may be obtained by making a request to the 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 NEPA regulations (40 CFR 1506.6).
Receipt of an Application for an Incidental Take Permit for the Florida Scrub-jay Resulting From Construction of a Single-Family Home in Charlotte County, FL
Document Number: 05-17064
Type: Notice
Date: 2005-08-29
Agency: Fish and Wildlife Service, Department of the Interior
Mr. and Mrs. Nicholas Tamburri (Applicants) request an incidental take permit (ITP) for a period of one year, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended (U.S.C. 1531 et seq.). The Applicants anticipate removal of about 1.2 acres of occupied Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) nesting, foraging, and sheltering habitat, incidental to partial land clearing of their 5-acre lot and subsequent residential construction of a single-family home and supporting infrastructure in Charlotte County, Florida. Up to three scrub-jay individuals could be taken as a result of the Applicants' proposed action. It is not currently known if these three scrub-jays are part of the same scrub- jay family. The Applicants' Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the project to the scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We announce the availability of the ITP application, HCP, and accompanying Environmental Assessment (EA). Copies of the application, HCP, and EA may be obtained by making a request to the Southeast Regional Office (see ADDRESSES). Requests must be in writing to be processed. This notice is provided pursuant to section 10 of the Act and National Environmental Policy Act regulations (40 CFR 1506.6).
Notice of Availability of a Proposed Amendment to Environmental Defense, Inc.'s Safe Harbor Agreement
Document Number: 05-17063
Type: Notice
Date: 2005-08-29
Agency: Fish and Wildlife Service, Department of the Interior
Environmental Defense, Inc. (ED) has submitted to the U.S. Fish and Wildlife Service (Service) a request to amend their Safe Harbor Agreement (SHA) and associated Endangered Species Act (Act) Section 10(a)(1)(A) Safe Harbor Enhancement of Survival permit (Permit) for habitat restoration activities on private lands for the endangered Black-capped vireo (Vireo atricapilla) (BCVI) and Golden-cheeked warbler (Dendroica chrysoparia) (GCWA) in the Hill Country of Texas to include twelve additional counties, along with amending language in Attachment 2 of their SHA. The amendment would allow the Safe Harbor program to expand onto additional private lands in Texas, thus furthering the conservation of BCVIs and GCWAs.
Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Onshore Oil and Gas Order Number 1, Approval of Operations
Document Number: 05-17051
Type: Proposed Rule
Date: 2005-08-26
Agency: Department of Agriculture, Forest Service, Department of the Interior, Bureau of Land Management
The Bureau of Land Management (BLM) and the U.S. Forest Service (FS) are extending by 60 days the public comment period for the proposed rule published in the Federal Register on July 27, 2005 (70 FR 43349). The proposed rule would revise existing Onshore Oil and Gas Order Number 1 (see 48 FR 48916 as amended at 48 FR 56226 (1983)). The Order provides the requirements necessary for the approval of all proposed oil and gas exploratory, development, or service wells on all Federal and Indian (except Osage Tribe) onshore oil and gas leases, including leases where the surface is managed by the FS. It also covers approvals necessary for subsequent well operations, including abandonment. In response to public requests for additional time and because the recently enacted Energy Policy Act of 2005 impacts certain provisions of the proposed rule, the BLM and the FS are extending the comment period 60 days from the original comment period closing date of August 26, 2005. The comment period is extended to October 25, 2005, to give the public additional time to comment.
Issuance of Permits
Document Number: 05-17009
Type: Notice
Date: 2005-08-26
Agency: Fish and Wildlife Service, Department of the Interior
The following permits were issued.
West Virginia Regulatory Program
Document Number: 05-17002
Type: Proposed Rule
Date: 2005-08-26
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We are announcing receipt of a proposed amendment to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). West Virginia proposes revisions to the Code of West Virginia (W. Va. Code) and the Code of State Regulations (CSR) as authorized by several bills passed during the State's 2005 Legislative Session. West Virginia is also proposing an amendment that affects the State's regulations concerning erosion protection zones (EPZ) associated with durable rock fills. The State is revising its program to be consistent with certain corresponding Federal requirements, and to include other amendments at its own initiative. The amendments include, among other things, changes to the State's surface mining and blasting regulations as authorized by Committee Substitute for House Bill 2723; various statutory changes to the State's approved program as a result of the passage of Committee Substitute for House Bill 3033 and House Bills 2333 and 3236; the submission of a draft policy regarding the State's EPZ requirement and requesting that the Office of Surface Mining (OSM) reconsider its previous decision concerning EPZ; State water rights and replacement policy identifying the timing of water supply replacement; the revised Permittee's Request For Release form; and the submission of a Memorandum of Agreement (MOA) between the West Virginia Department of Environmental Protection (WVDEP), Division of Mining and Reclamation, and the West Virginia Division of Natural Resources, Wildlife Resources Section that is intended to partially resolve a required program amendment relating to planting arrangements for Homestead post-mining land use.
Final Comprehensive Conservation Plan and Environmental Assessment for Squaw Creek National Wildlife Refuge (NWR), Mound City, MO
Document Number: 05-16992
Type: Notice
Date: 2005-08-26
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service) announces that the final Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) is available for Squaw Creek NWR, Mound City, Missouri. 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, and using the preferred alternative, goals, and objectives, we describe how the Service intends to manage this refuge over the next 15 years.
Final Comprehensive Conservation Plan and Environmental Assessment for the Agassiz National Wildlife Refuge, Marshall County, MN
Document Number: 05-16991
Type: Notice
Date: 2005-08-26
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service announces that the Final 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.
Delaware & Lehigh National Heritage Corridor Commission Meeting
Document Number: 05-16988
Type: Notice
Date: 2005-08-26
Agency: Office of the Secretary, Department of the Interior
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, September 9, 2005-1:30 p.m. to 4 p.m.
Notice of Public Meeting: Sierra Front-Northwestern Great Basin Resource Advisory Council, Northeastern Great Basin Resource Advisory Council, and Mojave-Southern Great Basin Resource Advisory Council
Document Number: 05-16987
Type: Notice
Date: 2005-08-26
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972 (FACA), the Department of the Interior, Bureau of Land Management (BLM) Resource Advisory Council meeting will be held as indicated below.
Receipt of Applications for Endangered Species Permits
Document Number: 05-16983
Type: Notice
Date: 2005-08-26
Agency: Fish and Wildlife Service, Department of the Interior
The public is invited to comment on the following applications to conduct certain activities with endangered species. We provide this notice pursuant to section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Notice of Filing of Plats of Survey; Arizona
Document Number: 05-16976
Type: Notice
Date: 2005-08-26
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The plats of survey described below are scheduled to be officially filed in the Arizona State Office, Bureau of Land Management, Phoenix, Arizona, (30) thirty calendar days from the date of this publication.
Notice of Intent to Prepare an Environmental Impact Statement (EIS) and to Conduct Public Scoping for the West Tavaputs Natural Gas Full Field Development Plan, Carbon and Duchesne Counties, UT
Document Number: 05-16953
Type: Notice
Date: 2005-08-26
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, the Bureau of Land Management (BLM), Price Field Office, Price, Utah, will prepare an EIS on the impacts of efficient and orderly development of the natural gas resources in the West Tavaputs Plateau area on approximately 137,700 acres of public, state, and private lands in Carbon and Duchesne Counties in eastern Utah, as well as considering a site-specific development proposal on a portion of the West Tavaputs Plateau area. The Price Field Office Manager will be the authorized officer for this project.
Notice of Availability for the Ruby Hill Mine Expansion-East Archimedes Project Final Supplemental Environmental Impact Statement; A Proposed Expansion of Existing Gold Mining/Processing Operations in Eureka County, NV
Document Number: 05-16951
Type: Notice
Date: 2005-08-26
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 and the Council on Environmental Quality Regulations found at 40 CFR 1500-1508, notice is hereby given of the availability of the Final Supplemental Environmental Impact Statement for comment, prepared by the Battle Mountain Field Office of the Bureau of Land Management (BLM). The statement analyzes the environmental effects of the Proposed Action and the No Action Alternatives.
Notice of Availability of the Proposed Management Plan and Final Environmental Impact Statement (EIS) for the Craters of the Moon National Monument and Preserve
Document Number: 05-16950
Type: Notice
Date: 2005-08-26
Agency: Department of the Interior, National Park Service, Bureau of Land Management, Land Management Bureau
In accordance with the Federal Land Policy and Management Act of 1976, the National Park and Recreation Act of 1978, and the National Environmental Policy Act of 1969, the Bureau of Land Management and the National Park Service have jointly prepared a Proposed Plan/Final EIS for the Craters of the Moon National Monument and Preserve. The Final EIS discusses public and agency comments received on the draft EIS. It describes and analyzes four alternative management strategies, each presenting a different approach to resolving issues identified through public scoping. Alternative A is the ``no action'' or continuation of present management alternative. Alternative B would promote more travel and access within the Monument. Alternative C would emphasize retention and enhancement of the Monument's primitive character. The Proposed Plan is Alternative D, the agency preferred alternative from the draft Plan/EIS, refined by public comment. Alternative D, which emphasizes protection and restoration of physical and biological resources, is also considered to be the environmentally preferred alternative.
Notice of Availability of Records of Decision for the Andrews Management Unit and Steens Mountain Cooperative Management and Protection Area Resource Management Plans (RMPs)/Environmental Impact Statement (EIS) and the Steens Mountain Wilderness and Wild and Scenic Rivers Plan
Document Number: 05-16949
Type: Notice
Date: 2005-08-26
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
In accordance with the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), the Steens Mountain Cooperative Management and Protection Act of 2000 (Steens Act), and Bureau of Land Management (BLM) policies, the BLM announces the availability of the RMPs/RODs for the Andrews Management Unit (AMU) and Steens Mountain Cooperative Management and Protection Area (CMPA), located primarily in Harney County in southeastern Oregon. The Oregon/ Washington State Director approved the RMPs/RODs, which become effective immediately. In accordance with the Steens Act, BLM is also releasing the Final Steens Mountain Wilderness and WSRs Plan for pertinent lands within the CMPA.
Competitive Sale of Public Land and Partial Termination of Recreation and Public Purposes Act Classifications in Douglas County, NV
Document Number: 05-16870
Type: Notice
Date: 2005-08-26
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The Bureau of Land Management (BLM) is identifying for sale public land encompassing 206.25 acres more or less in North Douglas County, NV, in accordance with competitive bidding procedures. The BLM is also terminating Recreation and Public Purpose Act classifications on this same land.
Indian Gaming
Document Number: 05-16943
Type: Notice
Date: 2005-08-25
Agency: Department of the Interior, Bureau of Indian Affairs, Indian Affairs Bureau
This notice publishes approval of the TribalState Compact between the State of New Mexico and the Pueblo of Pojoaque.
Information Collection Renewal Sent to the Office of Management and Budget (OMB) for Approval Under the Paperwork Reduction Act; OMB Control No. 1018-0100; Information Collection in Support of Grant Programs Authorized by the North American Wetlands Conservation Act (NAWCA)
Document Number: 05-16942
Type: Notice
Date: 2005-08-25
Agency: Fish and Wildlife Service, Department of the Interior
We (Fish and Wildlife Service, Service) have sent a request to OMB to renew the collection of information described below. We use the information collected to conduct our NAWCA grant programs in the manner prescribed by that Act, the Migratory Bird Conservation Commission, and the North American Wetlands Conservation Council. We also use the information to comply with Federal reporting requirements for grants awarded under the program.
Notice of Intent to Repatriate a Cultural Item: Neville Public Museum of Brown County, Green Bay, WI
Document Number: 05-16882
Type: Notice
Date: 2005-08-25
Agency: Department of the Interior, National Park Service