Department of the Interior 2005 – Federal Register Recent Federal Regulation Documents
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Notice of a Meeting of the Klamath Fishery Management Council
Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App. I), this notice announces a meeting of the Klamath Fishery Management Council, established under the authority of the Klamath River Basin Fishery Resources Restoration Act (16 U.S.C. 460ss et seq.). The meeting is open to the public. The Klamath Fishery Management Council makes recommendations to agencies that regulate harvest of anadromous fish in the Klamath River Basin. On the first day of this meeting, the Klamath Fishery Management Council will hear technical reports and discuss Klamath River salmon management. On the second day, the Klamath Fishery Management Council will join a meeting of the Klamath River Basin Fisheries Task Force to hear reports on the status of fish health and habitat in the Klamath River.
Notice of Meeting of Concessions Management Advisory Board
In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770, 5 U.S.C. App 1, section 10), notice is hereby given that the Concessions Management Advisory Board (the Board) will hold its 14th meeting on August 25, 2005, at Grand Teton National Park, Moose, Wyoming. The meeting will be held at the Jackson Lake Lodge in Grand Teton National Park. The meeting will convene at 8:30 a.m. and will conclude at 4:30 p.m.
Notice of Inventory Completion: Northwest Christian College Museum, Kellenberger Library, Eugene, OR
Announcement of the National Park Subsistence Resource Commission (SRC) Meetings for Aniakchak National Monument and Lake Clark National Park
The National Park Service (NPS) announces the SRC meeting schedule for the following NPS areas within the Alaska Region: Aniakchak National Monument and Lake Clark National Park. The purpose of each meeting is to develop and continue work on subsistence hunting recommendations and other related subsistence management issues. Each meeting is open to the public and will have time allocated for public testimony. The public is welcomed to present written or oral comments to the SRC. The NPS SRC program is authorized under Title VIII, Section 808, of the Alaska National Lands Conservation Act, Public Law 96-487, to operate in accordance with the provisions of the Federal Advisory Committee Act. Draft meeting minutes will be available for public inspection approximately six weeks after each meeting.
Issuance of Permits
The following permits were issued.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.
Information Collection Renewal To Be Sent to the Office of Management and Budget (OMB) for Approval Under the Paperwork Reduction Act (PRA); 1018-0109; Federal Aid Grant Application Booklet
The Fish and Wildlife Service (We) will send a request to OMB to renew approval for the collection of information described below under the provisions of the Paperwork Reduction Act of 1995. This information collection covers the following types of grant programs: Sport Fish Restoration, Wildlife Restoration, Coastal Wetland Restoration, Clean Vessel, Boating Infrastructure, and Partnerships for Wildlife and Endangered Species.
Information Collection To Be Sent to the Office of Management and Budget (OMB) for Approval Under the Paperwork Reduction Act; 1018-0127; Horseshoe Crab (Limulus polyphemus
We (Fish and Wildlife Service) plan to send the collection of information described below to OMB for approval under the provisions of the Paperwork Reduction Act. Information collected through the horseshoe crab tagging program will aid in managing and protecting this species.
Notice of Scoping Meetings and Intent To Prepare an Environmental Assessment for the Proposed Designation of a Nonessential Experimental Population of Rio Grande Silvery Minnow
We, the U.S. Fish and Wildlife Service (Service), are providing this notice to advise the public that a draft environmental assessment will be prepared, pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, in conjunction with a proposed rule to establish, under section 10(j) of the Endangered Species Act of 1973, as amended (Act), a Nonessential Experimental Population (NEP) of Rio Grande silvery minnow (Hybognathus amarus) (silvery minnow) in the Rio Grande River in Big Bend National Park and the Rio Grande Wild and Scenic River in Texas. We will hold three public informational sessions and scoping meetings (see DATES and ADDRESSES sections). Through this notice and the public scoping meetings, we are seeking comments or suggestions from the public, other concerned governmental agencies, Tribes, the scientific community, industry, or any other interested parties concerning the scope of the environmental analysis, including the alternatives that should be analyzed.
Endangered and Threatened Wildlife and Plants; Proposed Rule To Remove the Arizona Distinct Population Segment of the Cactus Ferruginous Pygmy-Owl From the Federal List of Endangered and Threatened Wildlife; Proposal To Withdraw the Proposed Rule To Designate Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973 (Act), as amended, propose to remove the Arizona distinct population segment (DPS) of the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (pygmy- owl) from the Federal List of Endangered and Threatened Wildlife and accordingly to eliminate its designated critical habitat. The Arizona DPS of the pygmy-owl was listed as endangered on March 10, 1997 (62 FR 10730), and critical habitat was designated on July 12, 1999 (64 FR 37419). On January 9, 2001, a coalition of plaintiffs filed a lawsuit with the District Court of Arizona challenging the validity of our listing of the pygmy-owl as a DPS and the designation of its critical habitat. After the District Court of Arizona remanded the designation of critical habitat (National Association of Home Builders et al. v. Norton, Civ.-00-0903-PHX-SRB), we proposed a new critical habitat designation on November 27, 2002 (67 FR 7102). Ultimately, as a result of this lawsuit, the United States Court of Appeals for the Ninth Circuit issued an opinion on August 19, 2003, stating that ``the FWS acted arbitrarily and capriciously in designating the Arizona pygmy-owl population as a DPS under the DPS Policy'' (National Association of Home Builders v. Norton, 340 F. 3d 835, 852 (9th Cir. 2003)). In light of the Ninth Circuit's opinion, we have reassessed the application of the DPS significance criteria to the Arizona pygmy-owl. Based on our assessment, we do not believe that the available information and science satisfy the criteria to indicate that pygmy-owls in Arizona are an entity that qualifies for listing under the Act. Accordingly, we propose to remove the Arizona population of pygmy-owls from the list in 50 CFR 17.11, remove the critical habitat designation for this population at 50 CFR 17.95, and withdraw our November 27, 2002, proposed rule to designate new critical habitat.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Delist Sclerocactus wrightiae
We, the U.S. Fish and Wildlife Service (USFWS), announce a 90- day finding for a petition to remove Sclerocactus wrightiae (Wright fishhook cactus), throughout its range, from the Federal list of threatened and endangered species, pursuant to the Endangered Species Act of 1973, as amended (Act). We reviewed the petition and supporting documentation and find that there is not substantial information indicating that delisting of Wright fishhook cactus may be warranted. Therefore, we will not be initiating a further 12-month status review in response to this petition. However, we are initiating a 5-year review of this species under section 4(c)(2)(A) of the ESA that will consider new information that has become available since the listing of the species. This will provide the States, Tribes, other agencies, university researchers, and the public an opportunity to provide information on the status of the species. We are requesting any new information on the Wright fishhook cactus that has become available since its original listing as an endangered species in 1979.
Notice of Availability of the Final Comprehensive Conservation Plan, Finding of No Significant Impact, and Summary for Sacramento River National Wildlife Refuge, Tehama, Butte, Glenn and Colusa Counties, CA
The Sacramento River National Wildlife Refuge Final Comprehensive Conservation Plan (CCP), Finding of No Significant Impact (FONSI), and Summary are available for distribution. The CCP, prepared pursuant to the National Wildlife Refuge System Administration Act as amended, and in accordance with the National Environmental Policy Act of 1969, describes how the Service will manage the Refuge for the next 15 years. The compatibility determinations for hunting, fishing, wildlife observation and photography, environmental education and interpretation, research, camping and recreational boating, farming, grazing and mosquito control are also available with the CCP.
Bureau of Land Management
The John Day/Snake Resource Advisory Council (JDSRAC) meeting scheduled for September 21, 2005, in Pendleton, Oregon, has been rescheduled to September 12, 2005. The meeting will be held at the Geiser Grand Hotel, 1996 Main Street, Baker City, Oregon. The meeting may include such topics as off highway vehicle, noxious weeds, planning, Sage-grouse, mining and other matters that may come before the council. A field trip is scheduled for September 13, 2005 to discuss mining operations on public lands in the Baker City area. The meeting is open to the public. Public comment is scheduled for 11 a.m. to 11:15 a.m. (Pacific standard time) September 12, 2005. For a copy of the information to be distributed to the JDSRAC members, please submit a written request to the BLM Vale District Office 10 days prior to the meeting.
Bureau of Land Management
The National Historic Oregon Trail Interpretive Center Advisory Board will meet September 22, 2005, 8 a.m. to Noon (PDT) at the National Historic Oregon Trail Interpretive Center, 42267 Highway 86, Baker City, Oregon. Meeting topics may include capital improvement, education and outreach, a facility tour, and other topics as may come before the board. The meeting is open to the public, and the public comment opportunity is scheduled from 10 to 10:15 a.m.
Notice of Public Meeting: Resource Advisory Council to the Boise District, Bureau of Land Management, U.S. Department of the Interior
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) Boise District Resource Advisory Council (RAC), will meet as indicated below.
Administrative Wage Garnishment
The Department of the Interior (the Department) adopts the authority established under the Debt Collection Improvement Act (DCIA) to use administrative wage garnishment to collect delinquent non-tax debts. The DCIA allows a Federal agency collecting delinquent non-tax debt from an employee of a non-Federal entity to issue a wage garnishment order without first obtaining a court order. In order to establish procedures enabling the Department to use this authority, the Department adopts, without change, the administrative wage garnishment regulations issued by the Department of the Treasury, and designates the Office of Hearings and Appeals to conduct hearings under this authority.
Information Collection Sent to the Office of Management and Budget (OMB) for Approval Under the Paperwork Reduction Act; 1018-0118; Private Stewardship Grants Program
We (Fish and Wildlife Service or Service) have submitted the collection of information described below to OMB for approval under the provisions of the Paperwork Reduction Act. The information collected for the Private Stewardship Grants Program (PSGP) is needed to review requests for funding and to comply with Federal reporting requirements for grants awarded under this program.
Okefenokee National Wildlife Refuge
This notice announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for Okefenokee 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, the plan identifies wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the California Tiger Salamander in Sonoma County
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the California tiger salamander (Ambystoma californiense) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 74,223 acres (ac) (30,037 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Sonoma County, California.
Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Arkansas River Basin Population of the Arkansas River Shiner
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft economic analysis and draft environmental assessment for the proposal to designate critical habitat for the Arkansas River Basin population of the Arkansas River shiner (Notropis girardi) under the Endangered Species Act of 1973 (Act), as amended. The draft economic analysis finds that, over the next 20 years, costs associated with Arkansas River shiner conservation activities are forecast to range from $9 to $11 million per year. In constant dollars, the draft economic analysis estimates there will be an economic impact of $198 million over the next 20 years. The greatest economic impacts are expected to occur to concentrated animal feeding operations, oil and gas production, and water management activities, in that order. Comments previously submitted on the October 6, 2004, proposed rule (69 FR 59859) during both the initial and extended comment periods (April 28, 2005, 70 FR 21987), need not be resubmitted as they have been incorporated into the public record and will be fully considered in preparation of the final rule. We will hold three public informational sessions and hearings (see DATES and ADDRESSES sections).
Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations; Notice of Meetings
The U.S. Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2005-06 early-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the maximum number of birds that may be taken and possessed in early seasons. Early seasons may open as early as September 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. These frameworks are necessary to allow State selections of specific final seasons and limits and to allow recreational harvest at levels compatible with population status and habitat conditions.
Non-Competitive Sale of Public Lands, Tuolumne County, California
The Bureau of Land Management (BLM) proposes a direct (non- competitive) sale of approximately 1.59 acres of public land in Tuolumne County, California pursuant to Sections 203 and 209 of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2750-51; 43 U.S.C. 1713, and 90 Stat. 2757-58, 43 U.S.C. 1719), and the Federal Land Transaction Facilitation Act of July 25, 2000 (Pub. L., 106-248), at not less than appraised market value. The approved appraised market value has been determined to be $15,000.00 for approximately 1.59 acres. The following described public land has been determined to be suitable for direct (non-competitive) sale to Frank and Ana M. Rocha pursuant to Section 203 of the Federal Land Policy and Management Act of 1976 (FLPMA). This sale will resolve an inadvertent trespass by Frank Rocha.
Information Collection Renewal to Be Sent to the Office of Management and Budget (OMB) for Approval Under the Paperwork Reduction Act; 1018-0113; Grants Program Authorized by the Neotropical Migratory Bird Conservation Act (NMBCA)
We (Fish and Wildlife Service, Service) plan to send a request to OMB to renew approval for the collection of information described below under the provisions of the Paperwork Reduction Act of 1995. We use the information collected to conduct our NMBCA grants program in the manner prescribed by that Act. We also use the information to comply with Federal reporting requirements for grants awarded under the program.
Battle Creek Salmon and Steelhead Restoration Project, Tehama and Shasta Counties, CA
Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA) and Public Resources Code, sections 21000- 21177 of the California Environmental Quality Act (CEQA), the Bureau of Reclamation (Reclamation), the lead Federal agency; the Federal Energy Regulatory Commission (FERC), a cooperating Federal agency; and the California State Water Resources Control Board (State Water Board), the lead State agency; have prepared a joint Final Environmental Impact Statement/Environmental Impact Report (Final EIS/EIR) for the Battle Creek Salmon and Steelhead Restoration Project (Restoration Project). The Restoration Project proposed action considered by the lead agencies is the five-dam removal alternative that includes the decommissioning and removal of five small hydropower diversion dams, construction of new fish screens at the intakes and fish ladders at three other dams, and the modification of several hydropower facilities to ensure continued hydropower operations. This action will require a FERC license amendment of the Battle Creek Hydroelectric Project, owned and operated by Pacific Gas and Electric Company (PG&E).
Privacy Act of 1974, As Amended; Addition of a New System of Records
The Office of the Secretary, Department of the Interior is issuing public notice of its intent to add a new Privacy Act system of records to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of records systems maintained by the agency (5 U.S.C. 552a(e)(4)). The new system of records is called the Box Index Search System (BISS)Interior, OS-3.
Notice of Availability of the Draft Resource Management Plan and Environmental Impact Statement for the Ely Field Office, Nevada
In accordance with the National Environmental Policy Act of 1969 (NEPA) and under the authority of the Federal Land Policy and Management Act of 1976 (FLPMA), a Draft Resource Management Plan and Environmental Impact Statement (DRMP/EIS) has been prepared for public lands and resources administered by the Bureau of Land Management's Ely Field Office.
Indian Gaming
Notice is given that the Supplement to the Tribal-State Compact between the Chickasaw Nation and the State of Oklahoma is considered to have been approved and is in effect.
Notice of Realty Action: Reacreation and Public Purposes (R&PP) Act Classification of Public Lands in Clark County, NV
The Bureau of Land Management (BLM) has examined and found suitable for classification for lease or conveyance under the provisions of the Recreation and Public Purposes Act (R&PP), as amended (43 U.S.C. 869 et seq.) approximately 5 acres of public land in Clark County, Nevada. The church of Jesus Christ of Latter Day Saints (LDS Church) proposes to use the land for a church and related facilities.
Notice of Proposed Supplementary Rules; Recreation Area Conditions of Use; North Fruita Desert; Mesa County, CO
The Bureau of Land Management (BLM), Grand Junction Field Office, is publishing proposed supplementary rules regulating the conduct of certain activities on all public lands within the North Fruita Desert Special Recreation Management Area (SRMA). These proposed supplementary rules notify the public that certain activities are no longer allowed in the North Fruita Desert, and include, but are not limited to the following: Prohibition of fires outside of designated fire rings within the designated campground in the bicycle emphasis area, required use of fire pans outside of the mountain bike emphasis area, prohibition of discharge of dangerous weapons within the mountain bike emphasis area, prohibition of camping outside of designated camping sites within the mountain bike emphasis area, limiting all motorized and mechanized vehicle travel within the area to designated routes, the seasonal closure of certain routes, prohibition of possession or use of firewood containing nails or other metal hardware, and the prohibition on shooting any glass objects.
Classification and Conveyance of Public Lands for Shooting Range Purposes, Uintah County, UT
Public lands located in Uintah County, Utah, have been examined and found suitable for classification for lease or conveyance to Uintah County under the provisions of the Recreation and Public Purposes Act as amended (43 U.S.C. 869 et seq.) for a public shooting range complex.
Notice of Realty Action; Commercial Lease on public land, San Juan County, NM
The Bureau of Land Management (BLM) has determined that a 100.53 acre tract of public land in San Juan County, New Mexico, is available for use as a poultry-production farm. Pursuant to the Federal Land Policy and Management Act of 1976, a non-competitive lease application for a use of this kind will be accepted for processing and given careful consideration by the BLM.
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 K'oyitl'ots'ina, Limited for lands in T. 21 N., R. 22 W., T. 22N., R. 22 W., and T. 22 N., R. 23 W., Fairbanks Meridian, located in the vicinity of Allakaket Alaska. Notice of the decision will also be published four times in the Fairbanks Daily News Miner.
Final Supplementary Rules for Public Land Within the West Eugene Wetlands, Eugene District, OR
The Bureau of Land Management (BLM)'s Siuslaw Resource Area is publishing these final supplementary rules for use on public lands within the West Eugene Wetlands in the Siuslaw Resource Area, Eugene District, Lane County, Oregon. The final supplementary rules address issues of conduct for such things as occupancy, motor vehicle use, firearms and campfires. The final supplementary rules are needed in order to protect the area's natural resources and provide for public health and safety. The rules are needed in order to promote consistency with the ordinances that govern adjacent City of Eugene lands.
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 K'oyitl'ots'ina, Limited. The lands are located in T. 21 N., R. 23 W., and T. 20 N., R. 25 W., Fairbanks Meridian, in the vicinity of Alatna, Alaska, aggregating 4,997.54 acres. Notice of the decision will also be published four times in the Fairbanks Daily News Miner.
Notice of Proposed Supplementary Rules for Meadowood Special Recreation Management Area, Fairfax County, VA
These proposed supplementary rules, applicable to specified public lands administered by BLM, would implement the management decisions made in the Meadowood Farm Proposed Program Analysis/ Environmental Assessment, and the Meadowood Integrated Activity Management Plan for the Meadowood Special Recreation Management Area (SRMA). The purposes of the proposed supplementary rules are to protect natural resources and provide for the safety of visitors and property on public land located in Fairfax County, Virginia.
Restrictions on Recreational Use of Public Lands
Notice is hereby given that the Bureau of Land Management has issued orders pursuant to 43 CFR 8364.1 that restrict the launching and landing of hang gliders and similar aircraft, the discharge of gas- and air-powered weapons and simulated weapons, recreational shooting, and entry with pets on all or certain public lands in the Santa Rosa and San Jacinto Mountains National Monument, Riverside County, California, to protect resources and enhance visitor safety.
Notice of Seasonal Closure of Certain Public Lands Referred to as the Serpentine Area of Critical Environmental Concern (ACEC), Located in the Southern Portion of San Benito County and Western Fresno County, Central Coast Region of California, to All Types of Motorized and Non-Motorized Recreation Use
Pursuant to 43 Code of Federal Regulations (CFR) subpart 8364, notice is hereby given that the Bureau of Land Management (BLM), Hollister Field Office will seasonally restrict public access to certain BLM-administered public lands during the period of June 4, 2005 through October 15, 2005. This seasonal closure is needed to ensure visitor safety and protect public land users from potential health risks associated with naturally occurring asbestos found within the closure area. The BLM may also implement a visitor use permit system to control public access during the period October 16-June 1. A permit system will provide an opportunity to educate the public on the risks related to recreation use in areas of naturally occurring asbestos.
State of Arizona Resource Advisory Council Meeting
This notice announces a meeting and tour of the Arizona Resource Advisory Council (RAC). The business meeting will beheld on August 23, 2005, in Safford, Arizona, at the Manor House located at 415 E. Highway 70 in Safford. It will begin at 9:30 a.m. and conclude at 4:30 p.m. The agenda items to be covered include: Review of the May 3, 2005 Meeting Minutes; BLM State Directors' Update on Statewide Issues; Presentations on the Gila Watershed Council, San Simon Watershed, Arizona Land use Planning Updates, Saginaw Hill Update; and RAC Questions on Written Reports from BLM Field Managers; Field Office Rangeland Resource Team proposals; Reports by the Standards and Guidelines, Recreation, Off-Highway Vehicle Use, Public Relations, Land Use Planning and Tenure, and Wild Horse and Burro Working Groups; Reports from RAC members; and Discussion of future meetings. A public comment period will be provided at 11 a.m. on August 23, 2005 for any interested publics who wish to address the Council. On August 24, the RAC will tour several public land areas in the Safford Field Office. BLM will highlight the San Simon Watershed Project, Hotwell Dunes Off-Highway Vehicle Area, and some of the areas paleontological resources. The tour will be conducted from approximately 6 a.m. to 1 p.m.
Notice of Proposed Information Collection for 1029-0043
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collection of information for 30 CFR part 800, Bond and insurance requirements for surface coal mining and reclamation operations under regulatory programs.
Wild Horse and Burro Advisory Board; Meeting
The Bureau of Land Management (BLM) announces that the Wild Horse and Burro Advisory Board will conduct a meeting on matters pertaining to management and protection of wild, free-roaming horses and burros on the Nation's public lands.
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