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

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), the Western Montana Resource Advisory Council will meet as indicated below.

The Bureau of Reclamation is issuing this proposed rulemaking to establish regulations regarding public access to and conduct on all Reclamation projects, waters, and real property subject to the jurisdiction or administration of Reclamation or in its custody. Reclamation is required by law to issue this rule in order to maintain law and order and protect persons and property on its projects. This proposed rule would supersede the existing Public Conduct rule, and amend provisions located elsewhere to ensure consistency.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the endangered southern California distinct vertebrate population segment (DPS) of the mountain yellow- legged frog (Rana muscosa) pursuant to the Endangered Species Act of 1973, as amended (Act). We have determined that approximately 8,770 ac (3,549 ha) of land containing features essential to the conservation of the mountain yellow-legged frog exist in Los Angeles, San Bernardino, and Riverside Counties, CA. We are proposing to designate approximately 8,283 acres (ac) (3,352 hectares (ha)) of streams and riparian areas as critical habitat within 3 units in southern California, further divided into subunits: Unit 1 (7 subunits) in the San Gabriel Mountains (Los Angeles and San Bernardino counties); Unit 2 (3 subunits) in San Bernardino Mountains (San Bernardino County); and Unit 3 (4 subunits) in the San Jacinto Mountains (Riverside County). Lands being proposed as critical habitat are under Federal, local/state, and private ownership; no tribal lands are included in this proposed designation. This proposed designation includes areas currently known to be occupied by the southern California DPS of the mountain yellow-legged frog, as well as several areas that were historically occupied, but are currently unoccupied. We are proposing to exclude critical habitat from approximately 487 ac (197 ha) of non-Federal lands within existing Public/Quasi Public (PQP) lands, proposed conceptual reserve design lands, and lands targeted for conservation within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Area under section 4(b)(2) of the Act.

The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the Puerto Rican parrot (Amazona vittata), Puerto Rican plain pigeon (Columba (=Patagioenas) inornata wetmorei), red-cockaded woodpecker (Picoides borealis), Puerto Rican boa (Epicrates inornatus), Virgin Islands tree boa (Epicrates monensis granti), guaj[oacute]n (Eleutherodactylus cooki), Harrisia portoricensis (higo chumbo), and Adiantum vivesii (no common name), under section 4(c)(2) of the Endangered Species Act of 1973, as amended (Act). The purpose of reviews conducted under this section of the Act is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants (50 CFR 17.11 and 17.12) is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review.

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM-Eastern States, Springfield, Virginia, 30 calendar days from the date of publication in the Federal Register.

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM-Eastern States, Springfield, Virginia, 30 calendar days from the date of publication in the Federal Register.

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 (DOI), Bureau of Land Management (BLM) Southwest Colorado Resource Advisory Council (RAC) will meet as indicated below.

This notice lists programs or portions of programs that are eligible for inclusion in Fiscal Year 2006 funding agreements with self-governance tribes and lists programmatic targets for each of the non-BIA bureaus, pursuant to section 405(c)(4) of the Tribal Self- Governance Act.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332 (C) and (D) (NEPA), the University of Utah and the National Park Service as Joint Lead Agencies, are preparing an Environmental Impact Statement (EIS) on the construction and operation of a proposed new Utah Museum of Natural History museum facility at the University of Utah, Salt Lake County, Utah. The NEPA process is being followed because federal funds, as grants through the National Park Service, are contributing to the design and construction costs of the new museum facility. The EIS will identify potential environmental effects of construction and operation of the proposed 169,000 square foot museum building, parking, and related appurtenances and mitigation measures to minimize adverse environmental impacts on the 17-acre site provided to the Museum by the University of Utah. This site is near the University of Utah's Research Park, south of Red Butte Gardens and Arboretum in Salt Lake County, Utah. The Utah Public Lands Artifact Preservation Act, Pub. L. 107-329, enacted in 2002, authorizes the Secretary of the Interior to make a grant to the University of Utah to pay the Federal share of the costs of construction of a new facility including design, planning, furnishing, and equipping of the Museum. Seventy-five percent of the Museum's collection is material recovered from federally managed public lands including lands administered by the National Park Service. In January 2005, the Museum initiated an Environmental Assessment on the proposed project. After completion of public scoping and the identification of issues, the agencies decided to prepare an EIS. The EIS will analyze the proposed action, a no action alternative, alternative approaches to site and facilities design and placement, and other reasonable alternatives, if any, identified during the NEPA process. The EIS will also consider mitigation measures to minimize potential adverse environmental effects. Based on current information it is not expected that the EIS alternatives will include alternative sites for the museum facility, for several reasons. (1) The University of Utah and the Museum concluded a site selection process in 1995, and in 1997 the University of Utah Board of Trustees reserved the Research Park site for use by the Museum. Since that time considerable resources have been devoted to site planning, and substantial private, state and federal financial commitments have been received for design, construction and operation of a museum on the designated site. It would not be practical or economically feasible for the Museum to abandon this site for an alternative location. (2) Congress, in enacting the 2002 Utah Public Lands Artifact Preservation Act and in making subsequent appropriations, contemplated that the new museum would be located at the 17-acre Research Park site and it authorized and has since appropriated funding for a facility at that site. (3) If the new museum were built at an alternative location, the Research Park site would nonetheless still be developed, meaning that there would not likely be a decrease in overall impacts. Issues that were identified by the public during scoping for the EA and that will be addressed in the EIS include: vegetation and wildlife; recreation and trail use; open space, visual quality and aesthetics; traffic, transportation and parking; socioeconomics/cultural; air quality; soils, geological and seismic concerns; surface and groundwater quality and management; consideration of alternative sites; hazardous materials; and archaeological, cultural, historic and paleontological resources. Scoping for the EA was conducted February 15 through March 16, 2005 with a scoping meeting on March 8. The meeting was widely publicized and was attended by over 90 members of the public. Approximately 350 comments were received by letter or email. A scoping brochure has been prepared that details the issues identified to date. Copies of the brochure may be obtained from the project's NEPA contractor, Bear West, 145 South 400 East, Salt Lake City, Utah 84111, phone (801) 355-8816. The scoping brochure along with a request for any additional scoping comments is being mailed to the project mailing list including those who attended the initial scoping meeting or submitted written comments. One or more workshops, open houses or similar meetings may be conducted during preparation of the EIS. Because there was a well attended public meeting during scoping for the EA, no additional public meetings are planned as part of the EIS scoping process. For questions regarding the proposed action, contact Utah Museum of Natural History, Sarah George, Director, 1390 E. Presidents Circle, University of Utah, Salt Lake City, Utah 84112-0050. For questions regarding NEPA compliance, contact National Park Service, Cordell Roy, Utah State Coordinator, 324 South State Street, Suite 200, Box 30, Salt Lake City, UT 84111.

Pursuant to National Environmental Policy Act of 1969, 42 U.S.C. 4332(C), the National Park Service announces the availability of a Final Environmental Impact Statement for the Fire Management Plan, Saguaro National Park, Arizona.

The Secretary of the Interior is appointing tribal regional representatives to the Indian Reservation Roads (IRR) Program Coordinating Committee (Committee) as outlined under 25 CFR 170. The IRR final rules amending 25 CFR 170 include establishing a Committee to provide input and recommendations to the Bureau of Indian Affairs (BIA) and the Federal Highway Administration (FHWA) in developing IRR Program policies and procedures and to coordinate with and obtain input from tribes, BIA, and FHWA. The Secretary announced on February 13, 2005, the request for nominations from tribal governments for representatives and alternates to serve on the Committee. Based on review of those nominations, the Secretary is announcing the representatives who will serve on the Committee in each of the 12 BIA regions.

BLM is publishing this notice under section 9(a)(2) of the Federal Advisory Committee Act. The notice requests the public to submit nominations for membership on the Committee. The Committee is necessary to advise the Secretary and BLM on resource management issues associated with Canyons of the Ancients National Monument.

We, the U.S. Fish and Wildlife Service (Service), announce that we will hold a public hearing (see DATES and ADDRESSES sections) on our proposed rule to remove the Arizona distinct population segment (DPS) of the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (pygmy-owl) from the Federal List of Endangered and Threatened Wildlife, eliminate its currently designated critical habitat, and to withdraw its proposed new critical habitat. This public hearing will allow all interested parties an opportunity to comment on our proposed actions.

Eugene T. Butler, Carlos E. Gauthier, Robert Moren, and Kheino A. Phidd (Applicants) individually 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 1.03 acres 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 (Projects). Requested permit duration is one year for all applicants, except for Moren, who requests a 10-year permit term. The destruction of 1.03 acre of foraging, sheltering, and possibly nesting habitat is expected to result in the take of three families of scrub-jays. Each of the Applicants' Habitat Conservation Plans (HCPs) describe the mitigation and minimization measures proposed to address the effects of the proposed Project to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We have determined that each 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 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). We announce the availability of the HCPs for the incidental take applications. 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).

The plats of survey described below are scheduled to be officially filed in the New Mexico State Office, Bureau of Land Management, Santa Fe, New Mexico, (30) thirty calendar days from the date of this publication.

Notice is hereby given that certain lands located in northwestern Nevada partly within the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area will be temporarily closed or restricted and certain activities will be temporarily prohibited in and around the Burning Man event site administered by the BLM Winnemucca Field Office in Pershing and Washoe Counties, Nevada. The specified closures, restrictions and prohibitions are made in the interest of public safety at and around the public lands location of an event known as the Burning Man Festival. This event is authorized on public lands under a special recreation permit and is expected to attract approximately 35,000 participants this year. These lands will be closed or restricted as follows: August 15, 2005 through September 19, 2005 inclusive: Discharge of firearms, possession of weapons, waste water disposal, and closed or restricted to camping. August 26, 2005 through September 5, 2005 inclusive: Aircraft landing, possession of fireworks, possession of alcohol by minors, and closed to all public uses. August 29, 2005 through September 5, 2005 inclusive: Closed or restricted to vehicle use. Public camping and vehicle use that creates dust plumes higher than the top of the vehicle are prohibited from August 29, 2005 through September 5, 2005 inclusive in the following legally described locations outside the permit area (defined by a temporary event perimeter fence):

The Bureau of Land Management (BLM) is revising the regulations to require that records supporting a stripper well royalty reduction be retained for seven years from the last date that an operator claims the reduction.

The Office of Surface Mining Reclamation and Enforcement (OSM) is clarifying its decision with respect to one section of an amendment to the Pennsylvania regulatory program (Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment concerned revisions to the Pennsylvania Surface Mining Conservation and Reclamation Act (PASMCRA) and implementing regulations at 25 Pa. Code Chapters 86-90 with regard to various issues including bonding, remining and reclamation, postmining discharges, and water supply protection/replacement. We approved this amendment, with certain exceptions, in a final rule published in the Federal Register on May 13, 2005 (70 FR 25472-25491). This clarification supplements a previous finding made in Section III. OSM's Findings. However, it does not change or otherwise affect our decision made in Section V. OSM's Decision.

This proposed rule would require lessees of federal oil and gas leases in the OCS to provide information on how they will meet the requirements of the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA). It identifies environmental, monitoring, and mitigation information that lessees must submit with plans for exploration and development and production. This rulemaking clarifies our regulations about what information MMS needs to ensure compliance with the ESA and MMPA requirements. The proposed rule would assure that lessees conduct their activities in a manner consistent with the provisions of the ESA and MMPA.

In accordance with the Knolls Recreation Area Management Plan, the Bureau of Land Management (BLM), Salt Lake Field Office, is establishing a special recreation permit fee area, and issuing interim final supplementary rules and requesting comments. These interim final supplementary rules will apply to public lands within the Knolls Special Recreation Management Area (SRMA) and will be effective until the publication of a final supplementary rule. The BLM has determined these interim final supplementary rules are necessary to enhance the safety of visitors, protect natural resources, improve recreation opportunities, and protect public health.

The Bureau of Land Management (BLM) Field Office, Tucson, Arizona intends to prepare a Resource Management Plan and Environmental Impact Statement (RMP/EIS) for the San Pedro Riparian National Conservation Area and Tucson planning effort. When approved, the RMP will replace those portions of the existing Phoenix Resource Management Plan (1989) and Safford District Resource Management Plan (1992, 1994) within the Tucson Field Office administrative boundary.

Under the National Environmental Policy Act (NEPA); provisions in the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.); implementing regulations and other applicable statutes the Bureau of Land Management (BLM) announces the availability of the Federal coal leasing FEIS. The FEIS analyzes the impacts of issuing a Federal coal lease within the West Mine Area of the Freedom Mine, located in Mercer County, North Dakota, and includes 5571 acres of Federal coal.

Notice is hereby given in accordance with Sec. 9.52(b) of Title 36 of the Code of Federal Regulations, Part 9, Subpart B, that the National Park Service (NPS) has received from Century Exploration Houston, Inc., a Plan of Operations to conduct the JASPO 3-D ``Cable- Only'' Seismic Survey of the Lower Neches River Corridor Unit of Big Thicket National Preserve, within Hardin, Jasper, and Orange Counties, Texas. The NPS has prepared a Categorical Exclusion on this proposal.