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

We, the U.S. Fish and Wildlife Service (Service), pursuant to the Endangered Species Act of 1973, as amended (Act), announce the reopening of the comment period on the proposal to list 12 species of Hawaiian picture-wings as endangered to allow peer reviewers and all interested parties another opportunity to submit comments on the rule.

In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing that the information collection request for the title described below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection request describes the nature of the information collection and its expected burden and cost.

We, the U.S. Fish and Wildlife Service (Service), propose to establish a distinct population segment (DPS) of the grizzly bear (Ursus arctos horribilis) for the greater Yellowstone Ecosystem and surrounding area. We also propose to remove the Yellowstone DPS from the List of Threatened and Endangered Wildlife. The Yellowstone grizzly bear population is no longer an endangered or threatened population pursuant to the Endangered Species Act of 1973, as amended (ESA), based on the best scientific and commercial information available. Robust population growth, coupled with State and Federal cooperation to manage mortality and habitat, widespread public support for grizzly bear recovery, and the development of adequate regulatory mechanisms, has brought the Yellowstone grizzly bear population to the point where making a change to its status is appropriate. The proposed delisting of the Yellowstone DPS would not change the threatened status of the remaining grizzly bears in the lower 48 States, which will remain protected by the ESA. If this proposed action is finalized, the Service intends to initiate a 5-year review of grizzly bear populations in the conterminous States outside of the Yellowstone DPS based on additional scientific information that is currently being collected and analyzed. Additionally, prior to finalizing the proposed action, the Service will(1) finalize the Conservation Strategy that will guide post-delisting management of the grizzly bear in the Greater Yellowstone Area; (2) append habitat-based recovery criteria to the Recovery Plan; (3) append genetic monitoring information to the Recovery Plan; and (4) finalize revised methodology for calculating total population size, known to unknown mortality ratios, and sustainable mortality limits for the Yellowstone grizzly bear population. Both the Conservation Strategy and the supplemental information to be appended to the Recovery Plan have already undergone public review and comment (62 FR 19777, April 23, 1997; 62 FR 47677, September 10, 1997; 64 FR 38464, July 16, 1999; 64 FR 38465, July 16, 1999; 65 FR 11340, March 2, 2000). In a subsequent notice, the revised methodology pertaining to population parameters will be made available for public review and comment. It will be finalized, with public comments incorporated, before this proposed rule is finalized. Finally, the U.S. Forest Service will finalize their Forest Plan Amendments for Grizzly Bear Conservation for the Greater Yellowstone Area National Forests prior to the Service finalizing this action.

This final rule amends the regulations pertaining to execution and filing of forms in order to reflect the new address of the Arizona State Office of the Bureau of Land Management (BLM), which moved on October 5, 2005. All filings and other documents relating to public lands in Arizona must be filed at the new address of the State Office.

Under the provisions of Section 371(a) of the Energy Policy Act of 2005, the lessee, Del-Rio Resources, Inc., timely filed a petition for reinstatement of oil and gas lease UTU18726 in Uintah County, Utah. The lessee paid the required rental accruing from the date of termination, June 1, 2002. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals and royalties of $5 per acre and 16\2/3\ percent, respectively. The lessee paid the $500 administration fee for the reinstatement of the lease and $155 cost for publishing this notice. The lessee met the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 [30 U.S.C. 188(e)]. We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The increased rental of $5 per acre; The increased royalty of 16\2/3\ percent; and The $155 cost of publishing this notice.

As required by the Energy Policy Act of 2005 (EPAct), the Departments of Agriculture, the Interior, and Commerce are jointly establishing procedures for a new category of expedited trial-type hearings. The hearings will resolve disputed issues of material fact with respect to conditions or prescriptions that one or more of the Departments develop for inclusion in a hydropower license issued by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act. The three Departments are also establishing procedures for the consideration of alternative conditions and prescriptions submitted by any party to a license proceeding, as provided in EPAct. Three substantively identical rules are being promulgatedone for each agencywith a common preamble. The rules are effective immediately, so that interested parties may avail themselves of the new hearing right and alternatives process created by the EPAct, but the Departments are requesting comments on ways the rules can be improved.

The U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) advise interested parties of their intent to conduct public scoping under the National Environmental Policy Act (NEPA), to gather information to prepare an Environmental Impact Statement (EIS). The Services anticipate receiving permit applications from Gardena Farms Irrigation District (GFID), Hudson Bay District Improvement Company (HBDIC), and the Walla Walla River Irrigation District (WWRID). Other surface water diverters in the Walla Walla Basin, such as independent irrigators, ditch companies, and other local governments, may also apply. The permit applications would be submitted under the Endangered Species Act (ESA) for the incidental take of listed species through actions associated with the Bi-State Habitat Conservation Plan (HCP) for the Walla Walla River Basin. Given the present list of likely permit applicants, the geographic scope of the permit would be that portion of the mainstem Walla Walla River downstream from the Walla Walla River Irrigation District's diversion. If other surface water diverters apply for permits, the geographic scope would be expanded accordingly to include those stream reaches within the Walla Walla Basin that are potentially affected by those diversions. The proposed actions to be covered by the permit would be those activities undertaken by the applicants that are associated with the diversion and delivery of surface water.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Uinta mountainsnail (Oreohelix eurekensis uinta) as endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition does not present substantial scientific or commercial information indicating that listing O. e. uinta may be warranted. This finding is based on our determination that there is insufficient evidence to indicate that O. e. uinta is a valid subspecies, and, therefore, cannot be considered a listable entity pursuant to section 3(15) of the Act. Therefore, we will not initiate a status review in response to this petition. However, the public may submit to us new information concerning the status of or threats to O. e. uinta at any time.

Under the provisions of Section 371(a) of the Energy Policy Act of 2005, the lessee, Chief Oil and Gas LLC, timely filed a petition for reinstatement of oil and gas lease TXNM 100507 in Wise County, TX. The lessee paid the required rental accruing from the date of termination, March 1, 2002. No leases were issued that affect these lands. The lessee agrees to the new lease terms for rentals and royalties of $10 per acre and 16\2/ 3\ percent or 4 percentages above the existing competitive royalty rate. The lessee paid the $500 administration fee for the reinstatement of the lease and $166 cost for publishing this Notice. The lessee met the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)). We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The increased rental of $10 per acre; The increased royalty of 16\2/3\ percent or 4 percentages above the existing competitive royalty rate; and The $166 cost of publishing this Notice.

This order withdraws approximately 2,300 acres of public land from location and entry under the United States mining and mineral leasing laws, for a period of 5 years, and reserves the land for use by the Department of Energy to conduct site characterization studies to determine a suitable location for disposal of uranium mill site tailings in connection with the Moab Mill Site Remediation Project. Effective Date: November 15, 2005.

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

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, Public Law 91-190, 83 Stat 852, as codified as amended at 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of a record of decision on the abbreviated final environmental impact statement for the Boston Harbor Islands general management plan. On October 17, 2005 the Northeast Regional Director approved the Record of Decision for the project. The Record of Decision concludes the environmental analysis of the first general management for Boston Harbor Islands National Recreation Area and adopts the plan. The plan defines the park's mission and management direction and establishes a basic foundation for decision making in consultation with stakeholders. The primary action of the plan is to designate specific ``management areas'' for each area of the Boston Harbor Islands National Recreation Area. An extensive participatory process has characterized the development of the general management plan, including consultation with American Indian tribes. Implementation of the proposed general management plan would not result in the impairment of park resources and would enable the Boston Harbor Islands Partnership to protect park resources and provide for their enjoyment by visitors. The National Park Service commits to take all practicable measures to avoid or minimize environmental impacts that could result from implementation of the general management plan.

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) will meet in Pinedale, Wyoming, for a business meeting. Group meetings are open to the public.

In accordance with the requirements of the National Environmental Policy Act, the U.S. Army Corps of Engineers (USACE), Seattle District, and the Bureau of Reclamation (Reclamation), Pacific Northwest Region, have prepared a Draft Environmental Impact Statement (DEIS) to evaluate the effects of alternative flood control at Libby Dam on the Kootenai River and at Hungry Horse Dam on the South Fork Flathead River in western Montana. USACE and Reclamation are making the document available to the public for review and comment through a Notice of Availability published in the Federal Register. The overall goal of the DEIS is to evaluate effects of alternative dam operations that are intended to provide reservoir and flow conditions at and below Libby and Hungry Horse Dams for anadromous and resident fish listed as threatened or endangered under the Endangered Species Act (ESA), consistent with authorized project purposes, including maintaining the current level of flood control benefits.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) and 40 CFR 1500-1508 Council on Environmental Quality Regulations (CEQ), notice is given that the Bureau of Land Management, Carson City Field Office (BLM) has prepared, with the assistance of a third-party consultant, a Final EIS for the proposed North Valleys Rights-of-Way Projects, and has made the document available for public and agency review. The proposed Projects include the construction and operation of two separate water supply and transmission projects located in Washoe County, Nevada. Rights-of-way applications were submitted to the BLM from Intermountain Water Supply, LTD and Fish Springs Ranch, LLC for production well(s), pump station(s), transmission pipeline(s), terminal water storage tank, electrical substation, overhead power lines, and access road rights-of-way.

The Bureau of Reclamation (Reclamation) and the California Department of Water Resources (DWR) have made available for public review and comment the Draft EIS/EIR for the South Delta Improvements Program (SDIP). The proposed SDIP would (1) construct and operate a fish control gate at the Head of Old River; (2) construct and operate up to 3 flow control gates (one each in Middle River, Grant Line Canal, and Old River, near the Tracy Pumping Plant) to maintain adequate water quality and water levels available for agricultural diversions in the south Delta, downstream of the Head of Old River; (3) dredge various channels within the south Delta to improve conveyance; (4) construct extensions of up to 24 shallow agricultural diversions; (5) increase water deliveries by increasing the maximum diversion through the existing intake gates at Clifton Court Forebay to 8,500 cubic feet per second; and (6) implement an interim operations regime between December 15 and March 15 until the permanent gates are fully operable.

This notice publishes the Gila River Indian Community Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Gila River Indian Reservation. The Reservation is located on trust land and this Ordinance allows for the possession and sale of alcoholic beverages within the exterior boundaries of the Gila River Indian Reservation. This Ordinance will increase the ability of the tribal government to control the community'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.

The purpose of this notice is to request public nominations for the Carrizo Plain National Monument Resource Advisory Committee. The advisory committee has nine member terms expiring in December of this year. The terms of the council members are three years long. Meetings are usually held quarterly, however additional meetings may be called if necessary. The committee advises the Secretary of the Interior and the Bureau of Land Management on resource management issues associated with the Carrizo Plain National Monument. BLM will consider public nominations for 30 days after the publication date of this notice.

The Bureau of Land Management (BLM) has examined and found suitable for classification for lease and conveyance under provisions of the Recreation and Public Purposes Act, approximately 4.54 acres of public land in Shasta County, California. The County of Shasta proposes to use the land for waste transfer facility purposes.

The Bureau of Land Management (BLM) has examined and found suitable for classification for lease and or conveyance, under provisions of the Recreation and Public Purposes Act approximately 60.87 acres of public land in Shasta County, California. Shasta Service Guild, a non-profit organization, proposes to use the land for a park and community center.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the contiguous United States distinct population segment of the Canada lynx (Lynx canadensis) (lynx) pursuant to the Endangered Species Act of 1973, as amended (Act). The lynx generally inhabits cold, moist boreal forests in the contiguous United States. In total, approximately 26,935 square miles (mi\2\) (69,760 square kilometers (km\2\)) fall within the boundaries of the proposed critical habitat designation, in four units in the States of Idaho, Maine, Minnesota, Montana, and Washington. However, we are not proposing to designate all of the area with the boundaries. In particular, we are not including lands within Lynx Analysis Units in the Superior National Forest in Minnesota, because they do not meet the definition of critical habitat pursuant to section 3(5)(A) of the Act as a consequence of the Superior National Forest having amended its Forest Plan to adopt the Lynx Conservation Assessment and Strategy. These lands are not included in the estimated square miles of the proposed designation. In addition, we are not proposing to designate critical habitat on the Federal lands within seven National Forests in Idaho, Montana, and Washington that are covered by the May 2005 Conservation Agreement and therefore do not meet the definition of critical habitat. These lands, however, are included in the estimated square miles of the proposed designation owing to difficulties in obtaining accurate estimates of the area of Federal land within each national forest boundary in a timely manner. This will be corrected in the final designation. We hereby solicit data and comments from the public on all aspects of this proposal, including data on economic and other potential impacts of the designation. We are also soliciting public comments on inclusion of certain lands in the designation and on the appropriateness of excluding lands from this designation that are covered by management plans that provide for the conservation of lynx and our determination as to whether existing management plans provide special management and protection for lynx habitat. In addition, depending on public comment and our analysis at the time of the final designation, any or all of these Forest Service lands described above may be included in the final designation, and we are specifically seeking comment on whether these lands are covered by the definition of critical habitat and should be included in the final designation. In the development of our final designation, we will incorporate or address any new information received during the public comment period, or from our evaluation of the potential economic impacts of this proposal. We may revise this proposal to address new information, to exclude areas that may warrant exclusion pursuant to section 4(b)(2) of the Act, or to add in those areas determined to be essential to conservation of the species, but not included in this proposal.

The San Miguel Island fox (Urocyon littoralis littoralis), Santa Rosa Island fox (U. l. santarosae), Santa Cruz Island fox (U. l. santacruzae), and Santa Catalina Island fox (U. l. catalinae) were listed as endangered under the Endangered Species Act of 1973, as amended (Act), on March 5, 2004. We, the U.S. Fish and Wildlife Service, do not find any habitat on the four islands occupied by the foxes that meets the definition of critical habitat under the Act. Because there is no habitat that meets the definition of critical habitat for these island fox subspecies, there is none to designate; therefore, we are not designating any critical habitat.

The Departments of Commerce and the Interior (the Departments) amend their regulations governing watch duty-exemption allocations and the watch and jewelry duty-refund benefits for producers in the United States insular possessions (the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands). The rule amends the regulations by making technical changes required by passage of the Miscellaneous Trade and Technical Corrections Act of 2004; extending the duty refund benefits to include the value of usual and customary health insurance, life insurance and pension benefits; raising the ceiling on the amount of jewelry that qualifies for the duty refund benefit; allowing new insular jewelry producers to assemble jewelry and have such jewelry treated as an article of the insular possessions for up to 18 months after the jewelry company commences assembly operations; allowing duty refund certificate holders to secure a duty refund on any articles that are imported into the customs territory of the United States by the certificate holder duty paid; providing a more comprehensive definition of ``unit;'' adjusting the amount of watch repairs that are eligible for the duty refund; providing compensation to insular watch producers if tariffs on watches and watch movements are reduced; and clarifying which wages are eligible for purposes of determining the duty refund and identifying which records are needed for the audit.