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

The U.S. Fish and Wildlife Service (we, us, or USFWS) proposes to approve four shot types or alloys for hunting waterfowl and coots and to change the listing of approved nontoxic shot types in 50 CFR 20.21(j) to reflect the cumulative approvals of nontoxic shot types and alloys. These four shot types or alloys were submitted to us separately, and we published advance notices of proposed rulemakings for these shot types under RINs 1018-AU04, 1018-AU09, 1018-AU13, and 1018-AU28, respectively. We now combine all these actions under RIN 1018-AU04. In addition, we propose to approve alloys of several metals because we have approved the metals individually at or near 100% in nontoxic shot.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the Central population of the California tiger salamander (Ambystoma californiense) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 199,109 acres (ac) (80,576 hectares (ha)) fall within the boundaries of the critical habitat designation. The critical habitat is located within 19 counties in California.

This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the National Indian Gaming Commission as a cooperating agency, intends to gather information necessary for preparing an Environmental Impact Statement (EIS) for a proposed 333.66 acre trust acquisition and casino development project to be located in unincorporated Tehama County, California. The purpose of the proposed action is to help provide for the economic development of the Greenville Rancheria (Tribe). This notice also announces a public scoping meeting to identify potential issues, alternatives and content for inclusion in the EIS.

We, the U.S. Fish and Wildlife Service (Service), are correcting a special rule promulgated under Section 4(d) of the Endangered Species Act of 1973, as amended (Act), to exempt the import and export of, and foreign and interstate commerce in, certain products of beluga sturgeon (Huso huso) from the permit requirements under 50 CFR 17.32. These corrections are not substantive.

The Bureau of Land Management (BLM) proposes to sell by public auction 86 parcels of Federal public land, aggregating approximately 3,197.00 acres, more or less, in the Las Vegas Valley, Nevada. The sale will be under the authority of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2343), as amended by Title IV of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (116 Stat. 1994) (SNPLMA). The SNPLMA sale will be subject to the applicable provisions of Sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1713 and 1719), and BLM land sale and mineral conveyance regulations at 43 CFR parts 2710 and 2720. The sale will be conducted in Las Vegas, Nevada, on November 16, 2005, using competitive bidding procedures under the regulations, at not less than the appraised fair market value (FMV) of each parcel. BLM may also continue the auction of up to five additional parcels near Laughlin, Nevada (hereinafter, ``the Laughlin parcels''), which remain unsold from a BLM competitive oral auction held in Laughlin, Nevada, on June 15, 2005. These five parcels aggregate approximately 1,796.65 acres and have been for sale on the Internet since the June 15, 2005, sale. If not sold on the Internet by November 16, 2005, BLM will take oral bids on these parcels at not less than the appraised fair market value of each parcel, at the proposed November 16, 2005, sale. Sealed bids may also be submitted for these parcels. These parcels are not within the SNPLMA disposal boundary and are sold solely under the authority of FLPMA. They were originally noticed for sale in the Federal Register on March 30, 2005, at 70 FR 16301. That notice provides that, ``If not sold, any parcel described above in this Notice may be identified for sale at a later date without further legal notice.'' 70 FR at 16303. More information on these parcels, as well as all parcels involved with the November 16 sale, is available at https:// propertydisposal.gsa.gov. If sold on the Internet or at the November 16, 2005, sale, these parcels will be sold under the terms of conditions of the original notice at 70 FR 16301. BLM's decision to sell the Laughlin parcels has already undergone notice and comment procedures pursuant to the sale regulations at 43 CFR part 2700. Environmental documentation prepared pursuant to the National Environmental Policy Act for sale of the Laughlin parcels has also undergone a public comment period. Therefore, BLM will not be accepting any new comments regarding the continued auction of the Laughlin parcels.

The McInnis Canyons National Conservation Area (MCNCA) Advisory Council will hold its next meeting of 2005 on September 7, 2005. The meeting will begin at 3 p.m. and will be held at the Fruita City Office Building, 325 East Aspen Avenue, Fruita, CO. An additional meeting will be held on December 7, 2005 at the Mesa County Administration Building; 544 Rood Avenue, Grand Junction, CO.

We, the U.S. Fish and Wildlife Service (Service), are removing the plant Helianthus eggertii (Eggert's sunflower) from the List of Endangered and Threatened Plants pursuant to the Endangered Species Act of 1973, as amended (Act), because recovery actions have secured a number of populations and identified additional populations not previously known. Therefore, the threatened designation no longer correctly reflects the current status of this plant. This action is based on a review of all available data, which indicate that the species is now protected on Federal, State, and county lands; is more widespread and abundant than was documented at the time of listing; and is more resilient and less vulnerable to certain activities than previously thought. Due to the recent development of a management plan for H. eggertii, a management plan for the barrens/woodland ecosystem, and an Integrated Natural Resources Management Plan at the U.S. Air Force's Arnold Engineering and Development Center, on whose land a significant number of sites/populations occur, new management practices will include managing for, and monitoring the areas that contain, this species. Occurrences of H. eggertii are also found on six other Federal, State, or county lands, five of which now have conservation agreements with us to protect, manage, and monitor the species. The remaining site is jointly owned by the Kentucky State Nature Preserves Commission and The Nature Conservancy and has a dedicated conservation easement and a management plan in place to protect H. eggertii. At the time of listing, there were 34 known H. eggertii sites occurring in 1 county in Alabama, 5 counties in Kentucky, and 8 counties in Tennessee. The species was not defined in terms of ``populations'' at that time. Increased knowledge of H. eggertii and its habitat has resulted in increased success in locating new plant sites. Presently, there are 287 known H. eggertii sites (making up 73 populations) distributed across 3 counties in Alabama, 9 counties in Kentucky, and 15 counties in Tennessee. Consequently, H. eggertii is not likely to become endangered within the foreseeable future throughout all or a significant portion of its range and, therefore, is no longer considered to be threatened.

The Bureau of Land Management (BLM) hereby provides notice that it will offer five parcels of public lands located in Grand County, Colorado, for sale at not less than their respective appraised fair market values. The Kremmling Field Manager has determined that because Parcels 1 and 5 have no legal access via any public road and are surrounded by private lands, they will be offered for sale only to the current adjoining landowners under modified competitive sale procedures. Parcels 2, 3, and 4, which have legal access via public roads, will be sold individually under competitive sale procedures open to any person or entity qualified to bid. Sales of all parcels will be by sealed bid only.

The Bureau of Land Management (BLM) is publishing a final supplementary rule to apply to the public lands administered by the Arizona State Office. The final supplementary rule prohibits the illegal use of alcohol on public lands. BLM needs the final supplementary rule to protect natural resources and the health and safety of public land users. The final supplementary rule will allow BLM law enforcement officers to enforce a regulation prohibiting the possession of open containers of alcohol while operating or riding on/ in motor vehicles on public lands in a manner consistent with current Arizona State law and BLM California supplementary rules.

As required by 43 CFR 2650.7(d), notice is hereby given that two appealable decisions approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Olgoonik Corporation. The lands are located in T. 16 N., R. 29 W., T. 14 N., R. 30 W., Tps. 4 S., Rs. 11 and 12 W., Umiat Meridian, in the vicinity of Wainwright, Alaska, aggregating 6,524.46 acres. Notice of the decisions will also be published four times in the Arctic Sounder.

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 Kake Tribal Corporation. The lands are located in Township 57 South, Range 72 East, Copper River Meridian, in the vicinity of Frederick Sound, Alaska, and contain 180.20 acres. Notice of the decision will also be published four times in the Daily Sitka Sentinel.

The Bureau of Land Management announces the expiration of two public land orders affecting 32,978.34 acres of public lands. This order opens the lands to surface entry.

The U.S. Fish and Wildlife Service published a Notice of Review in the Federal Register on July 6, 2005, concerning initiation of 5-year reviews for 33 species in Region 1. The document contained incorrect listing information and names for the Mariana crow (Corvus kubaryi) and the Mariana fruit bat (Pteropus mariannus mariannus).

The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the Tooth Cave ground beetle (Rhadine persephone) under the Endangered Species Act of 1973 (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 17.12) is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review.

The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for Crocodile Lake National Wildlife Refuge are available for review and comment. 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 observation, wildlife photography, and environmental education and interpretation. Significant issues address in the draft plan include: threatened and endangered species; migratory birds, habitat restoration; invasive exotic species control; funding and staffing; and land acquisition.

This notice announces the proposed sale of two small parcels of public land, totaling 3.89 acres, located in Lane County, Oregon at not less than appraised market value. These parcels are proposed to be sold through modified competitive procedures.

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.