Department of the Interior December 2005 – Federal Register Recent Federal Regulation Documents
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Alternate Energy-Related Uses on the Outer Continental Shelf
The MMS is seeking comments on the development of a regulatory program to implement portions of the Energy Policy Act of 2005, Section 388Alternate Energy-Related Uses on the Outer Continental Shelf. Specifically, MMS is seeking comments regarding energy development from sources other than oil and gas and alternate uses of existing facilities.
Information Collection for Part 13, Tribal Reassumption of Jurisdiction Over Child Custody Proceedings
In compliance with the Paperwork Reduction Act of 1995 this notice announces that the Bureau of Indian Affairs is seeking to extend clearance for an information collection request. The information collection, Tribal Reassumption of Jurisdiction Over Child Custody Proceedings, is cleared under OMB Control Number 1076-0112. Interested parties are invited to comment on this collection.
Oklahoma Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing receipt of revisions to a previously proposed amendment to the Oklahoma regulatory program (Oklahoma program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The revisions Oklahoma proposes concern subsidence control; impoundments; and revegetation success standards. Oklahoma also elected to withdraw its proposed revisions regarding review of decision not to inspect or enforce. Oklahoma intends to revise its program to provide additional safeguards, clarify ambiguities, and improve operational efficiency. This document gives the times and locations that the Oklahoma program and proposed amendment to that program are available for your inspection and the comment period during which you may submit written comments on the revisions to the amendment.
Notice of Call for Nominations for the Steens Mountain Advisory Council
The Bureau of Land Management is publishing this notice under section 9 (a)(2) of the Federal Advisory Committee Act. Pursuant to the Steens Mountain Cooperative Management and Protection Act of 2000 (Pub. L. 106-399), the Bureau of Land Management gives notice that the Secretary of the Interior intends to call for nominations for vacating positions to the Steens Mountain Advisory Council. This notice requests the public to submit nominations for membership on the Steens Mountain Advisory Council. Any individual or organization may nominate one or more persons to serve on the Steens Mountain Advisory Council. Individuals may nominate themselves or others for Steens Mountain Advisory Council membership. Nomination forms may be obtained from the Bureau of Land Management Burns District Office (see address below). To make a nomination, submit a completed nomination form, letters of reference from the represented interests or organizations, as well as any other information that speaks to the nominee's qualifications, to the Bureau of Land Management Burns District Office. Nominations may be made for the following categories of interest: One person who is a recognized environmental representative for the State as a whole (appointed from nominees submitted by the Governor of Oregon); A person interested in fish and recreational fishing (appointed from nominees submitted by the Governor of Oregon); A person who is a recreational permit holder or is a representative of a commercial recreation operation (appointed jointly by the Oregon State Director of the Bureau of Land Management and the county court for Harney County, Oregon); A private landowner in the Cooperative Management and Protection Area (appointed by the county court for Harney County, Oregon); and A person with expertise and interest in wild horse management on Steens Mountain (appointed by the Bureau of Land Management) The specific category the nominee will represent should be identified in the letter of nomination. The Bureau of Land Management Burns District will collect the nomination forms and letters of reference and distribute them to the officials responsible for submitting nominations (County Court of Harney County, the Governor of Oregon, and the Bureau of Land Management). The Bureau of Land Management will then forward recommended nominations to the Secretary of the Interior, who has responsibility for making the appointments.
Notice of Utah Resource Advisory Council Meeting
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's (BLM) Utah Resource Advisory Council (RAC) will meet as indicated below.
Notice of Availability and Public Hearings for the Red River Valley Water Supply Project Draft Environmental Impact Statement
The Bureau of Reclamation (Reclamation) and the State of North Dakota, represented by the Garrison Diversion Conservancy District (Garrison Diversion), have as joint lead agencies prepared the Red River Valley Water Supply Project Draft Environmental Impact Statement (DEIS). The DEIS was prepared in cooperation with the cities of Fargo, West Fargo, and Grand Forks, North Dakota and Moorhead, Minnesota, the Lake Agassiz Water Authority, North Dakota State Historic Preservation Office, Minnesota Department of Natural Resources, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, U.S. Geological Survey, U.S. Forest Service, and U.S. Environmental Protection Agency, and pursuant to section 8(c) of the Dakota Water Resources Act of 2000 (DWRA) and section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA), as amended. The DEIS analyzes the environmental, cultural, and socioeconomic effects of eight alternatives. Seven alternatives would meet the water needs in the Red River Valley of North Dakota, and the cities of Breckenridge, Moorhead, and East Grand Forks in Minnesota, through 2050. The document also discloses the effects of no action, or the future without implementing the federal Red River Valley Water Supply Project.
West Virginia Regulatory Program
We are approving an 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 revised its Code of State Regulations (CSR) concerning surety bonds. The amendment is intended to provide the State with an alternative source of reliable financial information about the surety, and to allow sureties that are licensed and in good financial condition but are not currently listed with the U.S. Department of the Treasury as an acceptable surety of Federal bonds to provide surety bonds to the coal industry in West Virginia. The amendment was authorized by the West Virginia Secretary of State as an emergency rule under the State's Administrative Procedures Act.
Public Comment About Congressionally Mandated Study of Energy Rights-of-Way on Tribal Lands
Section 1813 of the Energy Policy Act of 2005 (Pub. L. 109-58) requires the Department of the Interior (DOI) and Department of Energy to provide Congress with a study regarding energy rights-of-way on tribal lands. The study is due to Congress by August 7, 2006. The Departments are interested in receiving comments from the public about how to proceed with implementing section 1813.
Notice of Realty Action; Recreation and Public Purposes (R&PP) Act Classification; Arizona
The public lands listed below, located in Mohave County, Arizona, near the community of Littlefield have been examined and found suitable for classification for lease or conveyance to the Virgin River Domestic Wastewater Improvement District (VRDWID) under provisions of the R&PP Act for use as a wastewater treatment facility.
Call for Nominations for the Bureau of Land Management's California Desert District Advisory Council
The Bureau of Land Management's California Desert District is soliciting nominations from the public for five members of its District Advisory Council to serve the 2007-2009 three-year term. Council members provide advice and recommendations to BLM on the management of public lands in southern California. Nominations will be accepted through Wednesday, May 31, 2006. The three-year term would begin January 1, 2007. The five positions to be filled include:
Alaska Native Claims Acreage Allocation
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision allocating additional acreage to Alaskan Native regional corporations will be issued to:
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Shumagin Corporation. The lands are located in T. 51 S., R. 70 W., T. 52 S., R. 74 W., T. 53 S., R. 74 W., T. 53 S., R. 75 W., T. 52 S., R. 78 W., T. 54 S., R. 80 W., T. 50 S., R. 82 W., and T. 51 S., R. 83 W., Seward Meridian, Alaska, in the vicinity of Sand Point, Alaska, and contain approximately 24,626.58 acres. Notice of the decision will also be published four times in the Dutch Harbor Fisherman.
Notice of Filing of Plats of Survey, Wyoming
The Bureau of Land Management (BLM) has filed the plats of survey of the lands described below in the BLM Wyoming State Office, Cheyenne, Wyoming, on December 16, 2005.
Notice of Realty Action: Direct Sale of Public Lands in Clark County, NV, N-79693
The following described lands, aggregating approximately 5.0 acres, more or less, have been designated for disposal and will be offered as a direct sale of public lands within the City of Henderson in Clark County, Nevada, to M Holdings, LLC.
Final Supplementary Rules on Public Lands Within the Knolls Special Recreation Management Area Managed by the Salt Lake Field Office, Utah
In accordance with the Knolls Recreation Area Management Plan, the Bureau of Land Management (BLM), Salt Lake Field Office is issuing final supplementary rules. The BLM has determined that these rules are necessary to enhance the safety of visitors, protect natural resources, improve recreation opportunities, and protect public health.
Harvest and Export of American Ginseng
We, the U.S. Fish and Wildlife Service (Service), announce public meetings on American ginseng (Panax quinquefolius). These meetings will help us gather information from the public in preparation of our 2006 findings on the export of American ginseng roots, for the issuance of permits under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Notice of Meeting of the Pinedale Anticline Working Group
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.
Cape Lookout National Seashore, Personal Watercraft Use
The National Park Service (NPS) is proposing to designate areas where personal watercraft (PWC) may be used in Cape Lookout National Seashore, North Carolina. This proposed rule implements the provisions of the NPS general regulations authorizing park areas to allow the use of PWC by promulgating a special regulation. The NPS Management Policies 2001 directs individual parks to determine whether PWC use is appropriate for a specific park area based on an evaluation of that area's enabling legislation, resources and values, other visitor uses, and overall management objectives.
Notice of Availability of Draft Environmental Impact Statement (DEIS) for the Smoky Canyon Mine, Panels F and G
In accordance with the National Environmental Policy Act of 1969 (NEPA, 102(2) (C)) and the Federal Land Policy and Management Act of 1976, the USDOI Bureau of Land Management (Lead Agency) and the USDA Forest Service (Co-lead Agency) announce the availability of the DEIS for the Smoky Canyon Mine, Panels F and G mine expansion.
Notice of Intent To Prepare a Comprehensive Conservation Plan and Environmental Assessment for Grand Bay National Wildlife Refuge in Jackson County, MS, and Mobile County, AL
The Fish and Wildlife Service, Southeast Region, intends to gather information necessary to prepare a comprehensive conservation plan and environmental assessment pursuant to the National Environmental Policy Act of 1969 and its implementing regulations. The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, requires the Service to develop a comprehensive conservation plan for each national wildlife refuge. The purpose in developing a comprehensive conservation plan is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and Service policies. In addition to outlining broad management direction on conserving wildlife and their habitats, plans identify wildlife- dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. The purpose of this notice is to achieve the following: (1) Advise other agencies and the public of our intentions, and (2) Obtain suggestions and information on the scope of issue to include in the environmental document.
Change in Regional Partners for Southeast Alaska and the Kodiak Archipelago for the Alaska Migratory Bird Co-Management Council
The U.S. Fish and Wildlife Service (Service) is announcing a change in two regional partners, one representing Southeast Alaska and the other one representing the Kodiak Archipelago, both on the Alaska Migratory Bird Co-management Council (Co-management Council). For Southeast Alaska, the Central Council, Tlingit and Haida Indian Tribes of Alaska (Central Council), has elected to step down, and the Co- management Council has voted to replace that partner with the Southeast Alaska Inter-Tribal Fish and Wildlife Commission. For Kodiak, the Kodiak Area Native Association has elected to step down, and the Co- Management Council has voted to replace that partner with the Shoonaq' Tribe of Kodiak.
Final Environmental Impact Statement for Fire Management Plan; Golden Gate National Recreation Area, Muir Woods National Monument and Fort Point National Historic Site; Marin, San Francisco and San Mateo Counties, CA; Notice of Availability
Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, 42 U.S.C. 4321-4347, January 1, 1970, as amended), and the Council on Environmental Quality Regulations (40 CFR part 1500-1508), the National Park Service, Department of the Interior, has prepared a Final Environmental Impact Statement for an new Fire Management Plan for Golden Gate National Recreation Area (GGNRA), Muir Woods National Monument and Fort Point National Historic Sitethe latter two parks being under the administration of GGNRA. The Fire Management Plan Final Environmental Impact Statement (FEIS) evaluates fire management options for approximately 15,000 acres of GGNRA's nearly 75,000 legislated acres in Marin, San Francisco and San Mateo counties. The Fire Management Plan FEIS describes and analyzes three alternative strategies to replace the 1993 GGNRA Fire Management Plan with a plan that conforms to current Federal wildland fire management policy and National Park Service (NPS) management policies. Potential impacts and mitigating measures are described for the two action alternatives and a no action alternative. The alternative selected after this conservation planning and environmental impact analysis process will serve as a blueprint for fire management actions for the GGNRA over the next 10-15 years. The FEIS fire planning and analysis area does not include the following lands: 1. The northern lands of GGNRA, comprising 18,000 acres north of the Bolinas-Fairfax Road in western Marin County, which are managed by Point Reyes National Seashore under an agreement between the two park units. Fire management responsibilities for these northern lands are addressed in the Point Reyes FMP (approved October 29, 2004). 2. Lands within the jurisdictional boundary of GGNRA that are not directly managed by the National Park Service. This includes the San Francisco Watershed, managed by the San Francisco Public Utilities Commission (with overlays of NPS easements) and the interior portion of the Presidio of San Francisco which is managed by the Presidio Trust, a Federal corporation. The coastal portion of the Presidio managed by the GGNRA, is included in the planning area. In addition to lands currently under the management of the NPS, the subject FMP planning area includes those lands within the legislative boundary that may pass to NPS management in the near future. These areas, all in San Mateo County, include Cattle Hill and Pedro Point. Purpose and Need for Federal Action: The 1993 FMP for GGNRA focused primarily on natural resource management issues and needs to be updated to more fully address cultural resource concerns, provide guidance for parklands acquired since 1993, and provide more guidance on effectively reducing fire risk along wildland urban interface (WUI) areas in the park. The new FMP is needed to reflect the emphasis of recent years on fuel reduction projects that effectively reduce wildfire risk to natural and cultural park resources and to private property along the WUI zone. In addition, the new FMP will address the role that fire management actions can have on ecosystem changes to parklands such as the spread of more flammable, invasive, nonnative plant species, dense second-growth forests with high fuel loads, conversion of plant community type in the absence of wildland fire, alteration of important cultural landscapes through overgrowth of vegetation, and the decline of certain fire-adapted plant species. The FMP will provide a framework for all fire management activities in a manner responsive to natural and cultural resource objectives while reducing risks to developed facilities and adjacent communities and providing for public and staff safety. The purposes of this conservation planning and environmental impact analysis process are: To prepare a new FMP that is consistent with Federal Wildland Fire Management Policy and conforms to agency guidelines for fire management plans and programs; and To help achieve resource management objectives consistent with the park's cultural resource, natural resource, and land management plans, and to be responsive to safety considerations for park visitors, employees, and resources. Proposed Fire Management Plan. Alternative C is the alternative preferred by the NPS and has also been determined by the NPS to be the ``environmentally preferred'' alternative. The three FMP EIS alternatives differ in the number of acres proposed for treatment through prescribed burning or mechanical treatments in the park interior versus the outer parklands that border residential development in the WUI zone. Each alternative has an upper limit set on the number of acres that could be treated annually as shown in Table 1. Alternative C allows for the greatest number of acres to be treated on an annual basis to achieve fire management and resource objectives through the use of a broad range of fire management strategies. Mechanical treatment and prescribed burning would be used throughout the park as a means to reduce fuel loading and achieve resource enhancement goals. Mechanical treatments, complemented by prescribed fire, would be employed to assist with restoration and maintenance of the park's natural and cultural resources. An expanded research program would examine the role of fire and mechanical treatments in enhancing natural resources, reducing fuel loading, and specific impacts of fire on key natural resources; research would also be used to adaptively guide the fire management program and help to maximize the benefits to park resources. Project planning will favor projects that integrate natural and cultural resource goals and objectives into the design and implementation of fuel reduction projects. The three alternatives share many common elements that do not vary from one alternative to the next. For example, the fire management approach for Muir Woods National Monument, using prescribed fire and mechanical fuel reduction to reduce invasive species, reduce fuel loading and restore the role of fire in the redwood old growth coast redwood forest. Other actions common include participation in the WUI Initiative funding program for outside agencies and groups, continued maintenance of the park's fire roads, trails, and defensible space around park buildings, suppression of unplanned ignitions, provision to the public of fire information and educational materials, monitoring of the effects of fire management actions, construction of a new fire cache structure and fuel reduction treatments for San Francisco parklands. Alternative A, Continued Fuel Reduction for Public Safety and Limited Resource Enhancement, is the No Action alternative required by NEPA. Alternative A is based on the 1993 GGNRA FMP updated to include the current planning area and current national fire management policies. The focus of the 1993 FMP program is on vegetation management through the application of prescribed fire to perpetuate fire-dependent natural systems. In recent practice, many fire management actions have been mechanical fuel reduction projects (e.g., mowing, cutting to remove non-native shrubs and trees, and selective thinning in forested stands) funded through the Wildland Urban Interface Program. This alternative would rely on the continued implementation of the 1993 FMP supplemented by mechanical fuel reduction projects in the WUI zone and suppression of all wildfires. Current research projects would continue and would focus on the role of fire to enhance natural resources and the effects of fire on key natural resources to determine the effectiveness of various fuel treatments. Alternative B, Hazard Reduction and Restricted Fire Use for Research and Resource Enhancement, emphasizes the use of mechanical methods to reduce fuel loading in areas with the highest risks. Compared to Alternative A, Alternative B would increase the number of acres mechanically treated each year, with a focus on the reduction of high fuel loads in the WUI area. Limited use of prescribed fire could occur for research purposes within the park interior. Research projects would examine the role of fire to enhance natural resources and the effects of fire on key natural resources to determine the effectiveness of various fuel treatments. Natural and cultural resource goals and objectives would be integrated into the design and implementation of fuel reduction projects. Planning Background: A notice of availability for the Draft EIS was published in the Federal Register (March 21, 2005) and the document made available for public review and comment through May 27, 2005 (extended from the original May 17, 2005 date to provide additional time for review). The park also announced availability of the DEIS through a mass mailing and posting on the park's Web site.
Final Environmental Impact Statement; Fire Management Plan for Santa Monica Mountains National Recreation Area; Los Angeles and Ventura Counties, CA; Notice of Availability
Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended), and the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), the National Park Service, Department of the Interior, has prepared a Final Environmental Impact Statement (FEIS) identifying and evaluating four alternatives for a Fire Management Plan for the Santa Monica Mountains National Recreation Area (SMMNRA). Potential impacts, and appropriate mitigations, are assessed for each alternative. When approved, the plan will guide all future fire management actions in the SMMNRA for the next five years. The FEIS documents the analysis of three action alternatives and a ``no action'' alternative. An updated fire management program is needed to meet public safety, natural and cultural resource management, and wildland/urban interface protection objectives in the federally managed property of the SMMNRA. The ``action'' alternatives concentrate on wildland/urban interface community protection work and ecosystem protection, and vary in their mix of treatments available for completing work. The ``no action'' alternative describes the existing fire management program, which the park has not been able to effectively implement to protect neighboring lives and property. As a result, the risk of catastrophic fire has increased in recent decades. Proposal and Alternatives Considered: Alternative 2 (determined to be the ``environmentally preferred'' alternative) is proposed for implementation as the new Fire Management Plan (FMP). Termed the Mechanical Fuel Reduction/Ecological Prescribed Fire/Strategic Fuels Treatment alternative, it provides the maximum potential environmental benefits and minimizes the adverse impacts of fire management actions. Alternative 2 is the most flexible alternative, utilizing all available fire management strategies identified to be appropriate in the Santa Monica Mountains. Although strategic fuels reduction has the potential for both impacts and benefits in most of the impact areas analyzed, individual strategic fuels reduction projects would be evaluated for their potential risk: benefit ratio. Work would be accomplished with a combination of NPS and other agency fire crews and by contract. Alternative 1 (No Action Alternative) would continue the current NPS fire and vegetation management program to create a landscape mosaic of varying aged chaparral stands through the application of prescribed fire in separate watersheds, minimizing brush clearance. It should be noted that large scale burning has not been feasible to implement in accordance with the goals of the previous Fire Management Plan because of regulatory constraints on prescribed fire, especially those relating to air quality standards. Alternative 3 (Mechanical Fuel Reduction/ Ecological Prescribed Fire) relies exclusively on prescribed burning to provide resource enhancement including control of exotic species and restoration of natural communities. Mosaic burning is eliminated. Fuel reduction is concentrated at the wildland urban interface to protect existing development and emphasizes mechanical or biomechanical fuel modification. This alternative provides effective protection of homes by focusing mechanical fuel reduction at the interface between homes and wildland vegetation, and provides ecological benefits from resource prescribed burning. Alternative 4 (Only Mechanical Fuel Reduction) relies exclusively on mechanical or biomechanical fuel modification at the wildland urban interface. Prescribed fire is eliminated. This alternative provides effective protection of homes by focusing mechanical fuel reduction at the interface between homes and wildland vegetation. Alternatives Considered but Rejected: Three additional alternatives were considered but rejected from further deliberation because the interdisciplinary team determined that they were not feasible for one or more specific reasons. Alternative 5 (Suppression Only/No Vegetation Manipulation) was found to be inconsistent with NPS policies and guidelines as well as with the objectives of the SMMNRA fire management program, and inadequate to protect public safety. Alternative 6 (Mechanical Fuel Reduction on a Landscape Level) was also found to be inconsistent with NPS policies and guidelines as well as the objectives of the SMMNRA fire management program. Alternative 7 (Wildland Fire Use) could be a threat to public safety if implemented and logistically infeasible to implement along the wildland-urban interface. Planning Background: Public outreach was initiated in June 2001 coinciding with a planning workshop for agencies, cooperators and other partners. A Notice of Scoping for an environmental document was published in the Federal Register March 26, 2002, encouraging comments through an extensive scoping period ending August 31, 2002. Four public scoping meetings were hosted in Beverly Hills, Calabasas, Malibu and Thousand Oaks, California. Two additional meetings were held to gain additional input on the preliminary alternatives from fire agencies, cooperators and other partners. Letters were also sent to Native American representatives, requesting their comments and concerns related to cultural activities, practices or resources. Concerns raised in these meetings included: how to provide for public and firefighter safety; how to optimize the effectiveness of fuels treatments in the wildland-urban interface for property protection and to minimize impacts; the need to promote operational and policy coordination among all the agencies within the SMMNRA, including consistent brush clearance policies; the impact of fire management activities including suppression actions; containing the spread of invasive plants and animals; the use of prescribed fire for restoration activities, and appropriate land use planning. Based on the issues and concerns raised it was determined that an environmental impact statement rather than an environmental assessment would be completed. This would allow sufficient analysis to be undertaken in assessing the effects of particular alternatives and to ensure adequate involvement by the public and interested agencies. The distribution of Draft environmental impact statement (DEIS) for the FMP began in May, 2004. Approximately 250 DEISs were distributed; 85 went to local libraries, 20 were handed out at the SMMNRA Visitor Center, and the remainder was provided to individuals by mail or in person at public meetings. A notice of availability of the DEIS was published in the Federal Register June 16, 2004, providing an opportunity for public review and comment through September 15, 2004. In order to facilitate public review and understanding of the proposed plan, four public meetings were held during July, 2004 in Calabasas, Woodland Hills, Malibu and Thousand Oaks, California. The meetings were advertised through the print media, on the SMMNRA website and via 350 invitations sent to community leaders, neighborhood organizations, local agencies and stakeholder groups. The NPS received a total of 25 written responses, generated either from the public meetings or from public notices. All of these comments were duly considered in finalizing in the FEIS. Two main issues and concerns were expressed by the respondents: that the FEIS and FMP should prioritize public and firefighter safety as well as the protection of the unique Mediterranean ecosystem which the SMMNRA was established to protect. All alternatives provide numerous provisions for public and firefighter safety. Alternatives 2, 3 and 4 incorporate strong controls to protect native flora and fauna, minimizing the spread of invasive grasses and forbs. The Environmental Protection Agency expressed environmental concerns due to insufficient information. SMMNRA staff consulted closely with the EPA in preparing the FEIS. All comments and responses are documented in Appendix F of the FEIS.
Minor Boundary Revision at Antietam National Battlefield
Notice is given that the boundary of Antietam National Battlefield has been revised pursuant to the Acts as specified below, to encompass lands depicted on Drawing 302/92500, Segment 05, Antietam National Battlefield, revised July 1, 2005, prepared by the National Park Service. The revision to the boundary includes Tract Number 05- 171, as depicted on the map.
Notice of Intent To Prepare an Environmental Impact Statement for the General Management Plan/Wilderness Study, Sleeping Bear Dunes National Lakeshore
Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332 (2)(C), and the Wilderness Act of 1964, 16 U.S.C. 1131 et seq., the National Park Service (NPS) is preparing an environmental impact statement (EIS) for a general management plan/wilderness study (GMP/WS) for Sleeping Bear Dunes National Lakeshore, Michigan. The EIS will be approved by the Regional Director, Midwest Region. This planning effort is a new start, not a restart of the planning effort that ended in 2002. With the publication of this notice of intent, the earlier planning effort has been terminated. The GMP will establish the overall direction for the park, setting broad management goals for managing the area over the next 15 to 20 years. The plan will prescribe desired resource conditions and visitor experiences that are to be achieved and maintained throughout the park based on such factors as the park's purpose, significance, special mandates, the body of laws and policies directing park management, resource analysis, and the range of public expectations and concerns. The plan also will outline the kinds of resource management activities, visitor activities, and developments that would be appropriate in the park in the future. The wilderness study will evaluate portions of Sleeping Bear Dunes National Lakeshore (Lakeshore) for possible designation as wilderness. The study will be included as a part of the general management plan. A range of reasonable alternatives for managing the Lakeshore will be developed through this planning process and will include, at a minimum, a no-action and a preferred alternative. Major issues the plan will address include access to the Lakeshore, wilderness, management of areas new to the Lakeshore since the current 1979 general management plan, changes in visitor use patterns, adequacy and sustainability of existing visitor facilities and park operations, and management of natural and cultural resources. The environmental impact statement will evaluate the potential environmental impacts of the alternative management approaches and the possible designation of wilderness within the Lakeshore. As the first phase of the planning process, the NPS is beginning to scope the issues to be addressed in the GMP/WS/EIS. All interested persons, organizations, and agencies are encouraged to submit comments and suggestions on issues and concerns that should be addressed in the GMP/WS/EIS, and the range of appropriate alternatives that should be examined.
Oil and Gas Management Plan, Final Environmental Impact Statement, Big Thicket National Preserve, Texas
Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of a final Environmental Impact Statement for the Oil and Management Plan, for Big Thicket National Preserve, Texas.
Jackson Hole Airport Use Agreement Extension, Environmental Assessment, Grand Teton National Park, WY
Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service is preparing an Environmental Assessment for the Jackson Hole Airport Use Agreement Extension for Grand Teton National Park, WY. This effort addresses a request from the Jackson Hole Airport Board to amend the use agreement between the Department of Interior and the Airport Board in order to ensure that the airport remains eligible for funding through the Federal Aviation Administration (FAA). Alternatives to be considered include Alternative 1: No ActionThe airport would continue operations under the existing use agreement which currently has an expiration date of April 27, 2033; Alternative 2: Extend AgreementJackson Hole Airport Board proposal to extend the use agreement for an additional two 10-year terms, bringing the expiration date to April 27, 2053; and Alternative 3: Update and Extend AgreementExtend the use agreement for an additional two 10-year terms with minor modifications as mutually agreed to by the NPS and the Airport Board. The Jackson Hole Airport is located within Grand Teton National Park on 533 acres of land under the administrative jurisdiction of the National Park Service. The airport operates under the terms and conditions of a use agreement between the Department of the Interior and the Jackson Hole Airport Board. The agreement, executed in 1983, was for a primary term of 30 years, with options for two 10-year extensions, both of which have been exercised. The agreement also includes a provision that further extensions, amendments, or modifications could be negotiated by the parties on mutually satisfactory terms, and that the parties agree that upon expiration of the agreement, a mutually satisfactory extension of the agreement would be negotiated. Since the FAA requires that the airport have more than 20 years remaining on its use agreement in order to remain eligible for Airport Improvement Program funds, an extension of the use agreement is needed to provide assurance that the airport will remain eligible for funding beyond the year 2013.
Public Land Order No. 7653; Withdrawal of Public Lands for the Department of Energy To Protect the Caliente Rail Corridor; Nevada
This order withdraws approximately 308,600 acres of public lands within the Caliente Rail Corridor, Nevada, from surface entry and the location of new mining claims, subject to valid existing rights, for a period of 10 years to allow the Department of Energy to evaluate the lands for the potential construction, operation, and maintenance of a rail line which would be used to transport spent nuclear fuel and high-level radioactive waste to the proposed Yucca Mountain Repository as part of the Department of Energy's responsibility under the Nuclear Waste Policy Act, as amended, 42 U.S.C. 10101 et seq.
West Mine Area, Freedom Mine Coal Lease Application, North Dakota
The Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) for the Environmental Impact Statement (EIS) for the West Mine Area, Freedom Mine Coal Lease Application. The EIS analyzed the potential impacts of leasing and mining federal coal on lands in Mercer County, North Dakota. BLM's decision was to approve the implementation of Alternative C, which analyzed the impacts of offering for competitive lease sale approximately 5,334 acres containing approximately 89 million tons of recoverable lignite coal. Alternative C incorporates a preservation component for Native American cultural resources by bypassing approximately 237 acres and an estimated 4 million tons of federal coal which would have been leased under Alternative A (the Proposed Action Alternative). Alternative C also allows for the recovery of federal coal which would be bypassed if not leased under Alternative B (the No Action Alternative). The BLM received 26 written comments on the draft EIS. These comments and BLM's responses to them were included in the final EIS. All of the comments and the transcript of the formal hearing are on file in the Dickinson, ND and Billings, MT Offices of the BLM. BLM also received 13 written comments on the final EIS. All of the comments received during the process were considered in the preparation of the EIS and/or the Record of Decision. BLM Notices of Availability for the draft EIS and for the final EIS were published in the Federal Register on April 30, 2004 (Volume 69, Number 84), and August 26, 2005 (Volume 70, Number 165).
Notice of Availability for the Draft Resource Management Plan and Draft Environmental Impact Statement for the Arizona Strip, the Vermilion Cliffs National Monument, and the Grand Canyon-Parashant National Monument, and a Draft General Management Plan and Draft Environmental Impact Statement for the Grand Canyon-Parashant National Monument
In accordance with the Bureau of Land Management (BLM) planning regulations, Title 43 Code of Federal Regulations (CFR) 1610.2(f)(3), the National Environmental Policy Act (NEPA) Regulations, Title 40 CFR 1502.9(a), and the National Park Service (NPS) Director's Order 2 (Park Planning), the BLM and NPS hereby gives notice that the Draft Resource Management Plan/Draft EIS for the Arizona Strip Field Office, the Vermilion Cliffs National Monument, and the BLM portion of the Grand Canyon-Parashant National Monument, and a Draft General Management Plan/Draft EIS for the NPS portion of the Grand Canyon- Parashant National Monument (Draft Plan/DEIS) is available for public review and comments. The Draft Plan/DEIS addresses management on approximately 3,322,960 acres of public land. Issues addressed in the Draft Plan/DEIS include access, wilderness, protection of resources including monument objects, livestock grazing management, and recreation management. The range of alternatives was prepared in accordance with applicable BLM and NPS planning procedures.
Subsistence Management Regulations for Public Lands in Alaska, Subpart A
This rule revises and clarifies the jurisdiction of the Federal Subsistence Management Program for certain coastal areas in Alaska in order to further define, in part, certain waters that may never have been intended to fall under the Subsistence Management Program jurisdiction.
Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Fee-to-Trust Transfer From the Oneida Indian Nation of New York to the Bureau of Indian Affairs of 17,370 Acres of Land in Oneida and Madison Counties, NY
This notice advises the public that the Bureau of Indian Affairs (BIA), as lead agency, with the cooperation of the Oneida Indian Nation (Nation), intends to gather the information necessary for preparing an Environmental Impact Statement (EIS) for the taking into trust of 17,370 acres of land currently held in fee by the Nation. The purpose of the proposed action is to help ensure the Nation's cultural preservation, self-determination, self-sufficiency and economic independence as a federally recognized Indian tribe by securing the properties into its trust land base. This notice also announces public scoping meetings in Oneida and Madison Counties, New York, to identify potential issues and content for inclusion in the EIS.
Notice of Availability of the Draft Comprehensive Conservation Plan and Environmental Assessment for Maxwell National Wildlife Refuge, Maxwell, NM
The U.S. Fish and Wildlife Service (Service) announces that a Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) for the Maxwell National Wildlife Refuge is available for review and comment. This Draft CCP/EA 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 (16 U.S.C. 668dd-668ee et seq), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370d). It describes how the Service intends to manage the refuge over the next 15 years. Compatibility determinations for several existing uses (farming, sport fishing, wildlife observation, photography, environmental education and interpretation) were re-evaluated, and are included in the draft plan. In addition, draft compatibility determinations for two new proposed uses (grazing and hunting) are also available for review and comment in the Draft CCP/EA.
Exxon Valdez
The Department of the Interior, Office of the Secretary is announcing a public meeting of the Exxon Valdez Oil Spill Public Advisory Committee.
Notice of Availability of the Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Imperial Irrigation District's Desert Southwest Transmission Line Project, California
In accordance with the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321-4347, and 40 CFR Part 1500, the Bureau of Land Management (BLM) announces that the Final EIS/EIR for the Imperial Irrigation District's (IID) Desert Southwest Transmission Line Project is available for a thirty (30) day public review and comment period.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease, UTU76247
Under the provisions of section 371(a) of the Energy Policy Act of 2005, the lessee, Energy Minerals, Inc., timely filed a petition for reinstatement of oil and gas lease UTU76247 in Uintah County, Utah. The lessee paid the required rental accruing from the date of termination, April 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. 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 section 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.
Marine Mammals and Endangered Species, National Marine Fisheries Service Permit No. 960-1528-01; U.S. Fish and Wildlife Service Permit No. PRT017891
Notice is hereby given that the Museum of Natural History Collections, Department of Environmental Studies, University of California, Santa Cruz, CA 95064 [Principal Investigator: Tonya Haff], has been issued an amendment to scientific research.
Endangered and Threatened Wildlife and Plants; Critical Habitat for the Perdido Key Beach Mouse, Choctawhatchee Beach Mouse, and St. Andrew Beach Mouse; Correction
We, the U.S. Fish and Wildlife Service (Service), announce a correction to the proposed rule to revise critical habitat for the endangered Perdido Key beach mouse (Peromyscus polionotus trissyllepsis) and Choctawhatchee beach mouse (Peromyscus polionotus allophrys), and designate critical habitat for the endangered St. Andrew beach mouse (Peromyscus polionotus peninsularis) published in the Federal Register on December 15, 2005. The proposed rule was published with an incorrect electronic mail address for submission of comments.
Indian Gaming
Notice is given that the Tribal-State compact between the Wyandotte Nation and the State of Oklahoma is considered to have been approved and is in effect.
Receipt of an Application for an Incidental Take Permit for Florida Scrub-jays Resulting From the Proposed Construction of a Combination Single-Family Home Subdivision and Commercial Facilities in the City of Melbourne, Brevard County, FL
Riverside Development Group, Inc. (Applicant) requests an incidental take permit (ITP) for a duration of two 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 anticipates the loss of about 1.57 acres of occupied Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) habitat in Section 8, Township 27 South, Range 37 East, in the City of Melbourne, Brevard County, Florida. Habitat loss would occur as a result of vegetation clearing and the subsequent construction of a 126 unit single-family home subdivision and commercial facilities on the 36-acre project site. The loss of one scrub-jay family could occur as a result of the Applicant's proposed project. The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the project on the Florida scrub-jay. These measures are also outlined in the Service's Environmental Assessment (EA) and in the SUPPLEMENTARY INFORMATION section below. The Service announces the availability of the ITP application, HCP, and 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).
Draft Environmental Impact Statement for the Proposed Cordova Oil Spill Response Facility, Cordova, AL
This notice advises the public that the Bureau of Indian Affairs (BIA) intends to file a Draft Environmental Impact Statement (DEIS) with the U.S. Environmental Protection Agency for a proposed oil spill response facility at Shepard Point, near Cordova, Alaska, and that the DEIS is now available for public review. The purpose of the proposed project is to provide a deepwater staging facility for the rapid deployment of equipment to the site of an oil spill. This notice also announces a hearing for the public to provide comments on the DEIS.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease CACA 38084
Under the provisions of Section 371(a) of the Energy Policy Act of 2005, the lessee, North American Civil Recoveries Arbitrage Corporation (NACRA) timely filed a petition for reinstatement of oil and gas lease CACA 38084 in (Santa Barbara and Ventura County, California. 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 or 4 percentages above the existing competitive royalty rate. 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 or 4 percentages above the existing competitive royalty rate; and The $155 cost of publishing this Notice
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