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

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft economic analysis for the proposal to designate critical habitat for the Pacific coast distinct population segment of the western snowy plover (Charadrius alexandrinus nivosus) under the Endangered Species Act of 1973 (Act), as amended. The draft economic analysis finds that, over the next 20 years, costs associated with western snowy plover conservation activities are forecast to range from $272.8 to $645.3 million. In constant dollars, the draft economic analysis estimates there will be an economic impact of $514.9 to $1,222.7 million over the next 20 years. The greatest economic impact (approximately 90 to 95 percent of total future impact using 3 and 7 percent discount rates) is expected to occur to recreation; other activities impacted include plover management, real estate development, military base operations, and gravel extraction. Comments previously submitted on the December 17, 2004, proposed rule (69 FR 75608) during the initial comment period need not be resubmitted as they have been incorporated into the public record and will be fully considered in preparation of the final rule.

Notice is hereby given that the United States Department of the Interior, Bureau of Land Management (BLM) New Mexico State Office, in conjunction with the Oklahoma Field Office, will offer certain coal resources in three separate tracts described below in LeFlore, Latimer, and Haskell Counties in Oklahoma, for competitive sale by sealed bid, in accordance with the provisions of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181, et seq.).

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 (BLM) Canyons of the Ancients National Monument (Monument) Advisory Committee (Committee), will meet as directed below.

The U.S. Fish and Wildlife Service (FWS), acting as lead administrative Trustee, on behalf of the National Park Service (NPS), the National Oceanic and Atmospheric Administration (NOAA), the Pennsylvania Game Commission (PGC), the Pennsylvania Fish and Boat Commission (PFBC), the Pennsylvania Department of Environmental Protection (PDEP), and the Pennsylvania Department of Conservation and Natural Resources (PDCNR), jointly known as the Palmerton Natural Resource Trustee Council, announces the release of the Palmerton Natural Resource Damage Assessment (NRDA) Plan (Plan) for public review. The Plan describes the Trustee Council's proposal to assess potential injury to natural resources as a result of a release of hazardous substances from the Palmerton Zinc Pile Superfund Site (Site), Palmerton, Pennsylvania.

We (Fish and Wildlife Service, Service) plan to send OMB a request to renew approval for information collections associated with our Policy for Evaluation of Conservation Efforts When Making Listing Decisions (PECE). We use the information that we collect as part of the basis for identifying conservation efforts that can contribute to a decision to not list a species under the Endangered Species Act (ESA) or to list a species as threatened rather than endangered.

This notice is being published in accordance with 40 CFR 1506.6. Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 the National Park Service announces the availability of a Final Environmental Impact Statement (EIS) for the Low Country Gullah Culture Special Resource Study. The document describes ways that the National Park Service can assist in preserving Gullah culture (more commonly known as Geechee in Georgia and Florida) by outlining four management alternatives for consideration by Congress, and a no-action alternative. The EIS analyzes the environmental impacts of those alternatives considered for the future protection, interpretation, and management of Gullah cultural resources. There have been no substantive changes to the alternatives as presented in the Draft EIS. The study area stretches along the southeastern United States coast roughly from the Cape Fear River in North Carolina to the St. John's River in Florida and approximately 30 miles inland.

Pursuant to section 102(2) (C) of the National Environmental Policy Act of 1969 and National Park Service policy in Director's Order Number 2 (Park Planning) and Director's Order Number 12 (Conservation Planning, Environmental Impact Analysis, and Decision-making) the National Park Service announces the availability of a Draft Environmental Impact Statement/General Management Plan (DEIS/GMP) for the Castillo de San Marcos National Monument in St. Augustine, Florida. The authority for publishing this notice is contained in 40 CFR 1506.6. The document provides a framework for management, use, and development options for the national monument by the National Park Service for the next 15-20 years. The document describes four management alternatives for consideration, including a no-action alternative that continues current management policies, and analyzes the environmental impacts of those alternatives. The Castillo de San Marcos National Monument is located on Matanzas Bay, adjacent to the historic district of St. Augustine, Florida.

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, 83 Stat. 852, 853, codified as amended at 42 U.S.C. 4332 (2)(C), as well as National Park Service (NPS) policy in Director's Order 2 (Park Planning) and Director's Order 12 (Conservation Planning, Environmental Impact Analysis, and Decision- making), the NPS announces the availability of the ROD for the FEIS/GMP for the National Area. On May 26, 2005, the Southeast Regional Director approved the ROD for the project. As soon as practicable, the NPS will begin to implement the GMP, described as the Preferred Alternative (Alternative D) in the FEIS issued on February 24, 2005. Under the preferred alternative, a total of eight management zones will be created for the National Area, each of which will be attended with particularized management prescriptions. Overall, the level of development and types of facilities proposed over the planning horizon of 15 to 20 years will remain essentially the same as currently exists. The notable exceptions include new sites in the southwest portion of the National Area where NPS has been actively acquiring land in recent years. Under Alternative D, the NPS will devote considerable effort and resources to improving the National Area's road and trail system. A principal feature of Alternative D is a roads and trails plan that sets forth the official road and trail system for the National Area. Henceforth, public use of roads and trails will only be allowed on the official system; all trails not expressly included as part of the official system will be designated as administratively closed. In addition, public use of a particular road or trail will be limited to the designated use set forth in Alternative D, with certain limited exceptions. Each road and trail in the official system will be constructed and maintained in accordance with a standard that supports the designated use(s) and also is consistent with desired resource conditions in the surrounding area, or zone. Alternative D increases the trail miles available to hikers, equestrians, and bicyclists from the levels currently maintained by the National Area. The official trail system includes trails specifically dedicated to each of these user groups, plus a larger universe of trails that are ``shared use.'' Generally speaking, designated horse trails will also be open to hikers and bicyclists, while designated bike trails will be open to both bicyclists and hikers. Specified hiking trails will also be open to bicyclists in order to provide more opportunities for this increasingly popular activity. In implementing Alternative D, the NPS will continue the use of a trail type known as ``multiple-use trail.'' In the National Area, this trail type is typically known for allowing motor vehicles, horses, hikers, and bicyclists on a single route maintained to trail rather than road standards. Under Alternative D, persons driving motor vehicles that are licensed and registered may use any multiple-use trails that will accommodate such use. All Terrain Vehicles (ATVs) will generally not be permitted on any multiple-use trail, park road, or any other trail type. However, visitors will be permitted to use ATVs on multiple-use trails while actively hunting, during big game season only. Multiple-use trails will be closed to ATVs at all other times of the year. Big game season is defined for this purpose as the legal season for white-tailed deer and, in jurisdictions where they are regulated as ``big game,'' wild boar. Alternative D also provides that ATV routes for year-round general recreational use may be designated within ``planning areas'' identified for consideration of such use. The plan includes two such planning areas in the Darrow Ridge area. These planning areas will provide the opportunity to design an experimental prototype system. Under Alternative D, the route of the old O&W railroad will provide continued passenger vehicle access to the O&W bridge from the east. The route will be improved to the extent of providing safe passage. The NPS will coordinate with Scott County on the necessary improvements to achieve desired use and resource conditions. The O&W route west of North White Oak Creek has been determined to be abandoned. This portion of the route, extending to trail connections near the western boundary of the National Area, will be a trail designated for foot, horse, and bike use, as recommended by previous studies. The route will be brought to a standard suitable for the intended trail uses.

The Bureau of Land Management (BLM) is scheduled to file the plats of surveys of the lands described below thirty (30) calendar days from the date of this publication in the BLM Wyoming State Office, Cheyenne, Wyoming.

In accordance with Section 102(2)(C) of the National Environmental Policy Act (42 U.S.C. 4321 et seq.), the National Indian Gaming Commission (NIGC), in cooperation with the Bureau of Indian Affairs (BIA) and the Big Sandy Rancheria of Mono Indians of California (the ``Big Sandy Rancheria''), intends to gather information necessary for preparing an Environmental Impact Statement (EIS) for a proposed casino project to be located in Fresno County, California. The purpose of the proposed action is to help address the socio-economic needs of the Big Sandy Rancheria. Details of the proposed action and location are provided below in the SUPPLEMENTARY INFORMATION section. Notice is hereby given that the public scoping process has been initiated to prepare an EIS that will address the impacts of and alternatives to the proposal. The purpose of the scoping process is to solicit public comment regarding the full spectrum of issues and concerns, including a suitable range of alternatives, and the nature and extent of potential environmental impacts and appropriate mitigation measures that should be addressed in the EIS process. This notice also announces that separate scoping meetings for the public and government agencies will be held for the proposed action.

Minerals Management Service (MMS), in accordance with Federal Regulations that implement the National Environmental Policy Act (NEPA), announces the availability of NEPA-related Site-Specific Environmental Assessments (SEA) and Findings of No Significant Impact (FONSI), prepared by MMS for the following oil and gas activities proposed on the Gulf of Mexico OCS.

The U.S. Fish and Wildlife Service (Service) announces that the draft revised recovery plan for running buffalo clover (Trifolium stoloniferum) is available for public review and comment. This species is federally listed as endangered under the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.). Currently populations occur in West Virginia, Ohio, Kentucky, Indiana, and Missouri. The Service solicits review and comment from the public on this draft plan.

The plats of survey of the following described lands were officially filed in the Oregon State Office, Portland, Oregon, on May 16, 2005.

This provides notice of the Federal Subsistence Board's in- season management action to protect sockeye salmon escapement in the Copper River, while still providing for a subsistence harvest. The revised fishing schedule for the Chitina Subdistrict of the Copper River will provide an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on March 21, 2005. Those regulations established seasons, harvest limits, methods, and means relating to the taking of fish and shellfish for subsistence uses during the 2005 regulatory year.

We, the Fish and Wildlife Service (Service), have re-evaluated the economic exclusions made to our previous final rule (68 FR 46683; August 6, 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 858,846 acres (ac) (347,563 hectares (ha)) of land are now designated critical habitat. This reflects exclusion of lands from the final designation for economic reasons, pursuant to section 4(b)(2) of the Act. This designation also reflects the lands previously confirmed for exclusion under 4(b)(2) of the Act for non-economic reasons (70 FR 11140; March 8, 2005). The non-economic exclusions include the boundaries of various Habitat Conservation Plans, National Wildlife Refuges 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.

This order transfers administrative jurisdiction of 1,178.57 acres of surface and mineral estate and 3,991.40 acres of reserved Federal mineral estate from the Bureau of Land Management to the United States Fish and Wildlife Service for addition to and administration as part of the Baca National Wildlife Refuge. The transfer of jurisdiction is authorized by Section 8(a) of the Great Sand Dunes National Park and Preserve Act of 2000 (Pub. L. 106-530).

The Bureau of Land Management is establishing use fees for the Cove Recreation Site in Birds of Prey National Conservation Area, and proposing supplementary rules at Cove Recreation Site for public use of the campground and day use areas. The fees are authorized by law, and the supplementary rules are necessary for human health and safety and to protect the natural resources of the site.

Notice is hereby given that effective immediately, the Bureau of Land Management (BLM), Kanab Field Office, is restricting OHV travel on 7,924 acres of public lands near Kanab, Utah. The public lands affected by this restriction are located in portions of T. 43 S., R. 5 W.; T. 43 S., R. 6 W.; and T. 43 S., R. 7 W., Salt Lake Meridian. The purpose of the restriction and seasonal closure is to protect soil, vegetation, wildlife, cultural, and riparian area resources that have been adversely impacted or are at risk of being adversely impacted by OHV use. This restriction and seasonal closure will remain in effect until the considerable adverse effects giving rise to the restriction and seasonal closure are eliminated and measures are implemented to prevent recurrence of these adverse effects.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding for a petition to remove Pedicularis furbishiae, commonly referred to as Furbish lousewort, from the Federal List of Endangered and Threatened Plants, pursuant to the Endangered Species Act of 1973, as amended (ESA). We reviewed the petition and supporting documentation and find that there is not substantial information indicating that delisting of P. furbishiae may be warranted. Therefore, we will not be initiating a further 12-month status review in response to this petition. However, we are initiating a 5-year review of this species under section 4(c)(2)(A) of the ESA that will consider new information that has become available since the listing of the species and that will offer the State, Tribes, agencies, university researchers, and the public an opportunity to provide information on the status of the species. We are requesting any new information on P. furbishiae since the original listing as an endangered species in 1978.

Pursuant to the National Environmental Policy Act (NEPA), this notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to prepare a draft EIS for an anticipated incidental take permit application, including an HCP, by the Barton Springs Edwards Aquifer Conservation District (District) of Austin, Texas. The proposed application is for an Incidental Take Permit for the District's management of underground water through permits authorizing withdrawals from the Barton Springs segment of the Edwards Aquifer. Such withdrawals directly affect the flow of Barton Springs, which are four hydraulically connected spring outlets constituting the major discharge points for the Barton Springs segment of the Edwards Aquifer. The District is evaluating the need for a permit for the endangered Barton Springs salamander (Eurycea sosorum) and the Austin blind salamander (Eurycea waterlooensis), a candidate for listing. Additionally, the District may prepare an HCP that includes measures to minimize and mitigate any taking of species incidental to the permitted withdrawal of groundwater from the Barton Springs segment of the Edwards Aquifer.

We, the Fish and Wildlife Service (Service), propose to amend the regulations at 50 CFR part 17, which implement the Endangered Species Act (Act), as amended (16 U.S.C. 1531 et seq.), to create a special rule for the southwest Alaska distinct population segment (DPS) of the northern sea otter (Enhydra lutris kenyoni). This DPS of the northern sea otter is listed as threatened under the Act. The special rule would allow for the limited, noncommercial import and export of items that qualify as authentic native articles of handicrafts and clothing that were derived from sea otters legally taken for subsistence purposes by Alaska Natives from the listed population. This special rule would also allow for cultural exchange by Alaska Natives and activities conducted by persons registered as an agent or tannery under existing law. We also propose to amend our definition of ``Authentic native articles of handicrafts and clothing'' which currently stipulates, among other things, that such items were commonly produced on or before December 28, 1973. We propose to strike the requirement with respect to December 28, 1973. We believe that such a definition change is appropriate in light of a court ruling on the Service's definition of ``Authentic native articles of handicrafts and clothing'' and consistent with our proposed rule regarding the definition of ``Authentic native articles of handicrafts and clothing'' published on June 4, 2004.

The following permit was issued.