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

This notice advises the public that the owners of the Burrows Ranch and Big Bluff Ranch (Applicants) have applied to the Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act). The permit application includes a proposed Safe Harbor Agreement (Agreement) between the Applicants and the Service for the threatened California red-legged frog (CRLF, Rana aurora draytonii) and the valley elderberry longhorn beetle (VELB, Desmocerus californicus dimorphus). The Agreement and permit application are available for public comment.

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Land Management (BLM), Pinedale Field Office, announces its intent to prepare an SEIS on the potential impacts of authorizing year round natural gas and condensate/oil development activities within the Pinedale Anticline Oil and Gas and Exploration and Development Project Area (PAPA). This supplemental environmental impact analysis may be used to amend the Pinedale Resource Management Plan (1988). The Pinedale Field Manager is the authorized officer for this project.

Under the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act of 1976 (FLPMA) and associated regulations, the Bureau of Land Management (BLM) announces the availability of a Final Environmental Impact Statement (FEIS) and Record of Decision (ROD) for the Castle Peak and Eight Mile Flat oil and gas expansion project proposed by Newfield Rocky Mountains, Inc., formerly Inland Resources, Inc. This FEIS and ROD are being announced concurrently per 40 CFR part 1506 (b) (2).

This notice contains proposed supplementary rules which will apply to the public lands within the Adaptive Management Area (AMA) in the Imperial Sand Dunes Recreation Area (ISDRA) managed by the El Centro Field Office in Imperial County, California. This action is necessary in order to maintain viable populations of all native species, maintain habitat connectivity, and provide high quality, unique, world-class, day-use, semi-primitive, motorized recreation opportunities for off-highway vehicle (OHV) activities and non- vehicular recreational activities throughout the Adaptive Management Area and Imperial Sand Dunes Recreation Area. We intend the supplementary rules to allow the Bureau of Land Management (BLM) to manage AMA area in order to provide recreational opportunities while allowing for the conservation of habitat and plants and species of concern.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are revising our regulations pertaining to the processing of State program amendments submitted by a State for approval under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The specific regulations being revised govern the standards for determining when proceedings that lead to the substitution of Federal enforcement for all or part of an approved State program should be initiated because of the State's failure to amend its program as directed. These revisions provide us with the discretion to consider additional relevant factors regarding the performance of the State in effectively maintaining its program before determining that proceedings leading to the substitution of Federal enforcement are warranted. We are also revising our regulations that govern the time periods and schedule for processing State program amendments.

Pursuant to the National Environmental Policy Act (NEPA), the Fish and Wildlife Service (Service) advises the public that we intend to gather information necessary to prepare, in coordination with the Kern County Waste Management Department (KCWMD), a joint Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) on the Amendment to the Kern County Waste Facilities Habitat Conservation Plan and permit number 830963 (Amendment 1). Amendment 1 is being prepared under Section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended, (ESA). Amendment 1 addresses potential take of threatened and endangered species at Kern County waste facilities due to the proposed expansion of the permit area, new covered activities, and an increase in the number of species covered by Permit 830963. The term of Permit 830963 shall remain at 50 years, expiring in 2047. KCWMD intends to request an ESA permit amendment for 5 species federally listed as threatened or endangered and 14 unlisted species that may become listed during the term of the permit. The Service provides this notice to: (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an EIS/EIR; (3) announce the initiation of a public scoping period; and (4) obtain suggestions and information on the scope of issues to be included in the EIS/EIR. Written comments will be accepted at the public meeting. In addition, you may submit written comments by mail or facsimile transmission.

The Bureau of Indian Affairs (BIA) will implement revised procedures for preparing and prioritizing funding requests in order to improve the management of two water programs with non-recurring annual appropriations. The two programs are the Water Rights Negotiation/ Litigation Program (Water Rights Program) and the Water Resources Management, Planning and Pre-development Program (Water Resources Program). These water programs support the long-term goals of assisting Indian tribes in confirming and defining water rights, resolving claims through negotiation or litigation, and promoting the prudent conservation, management and use of natural resources. All of the BIA's water program managers and many water rights and water resources program managers employed by Indian tribes request these appropriations to support numerous Indian water rights litigation and negotiation efforts, to conduct water resources management, and to develop associated plans for tribal water resources. Typically, the BIA's Office of Trust Services receives more than 400 funding requests annually for water rights and water resources management-related activities. Funding requests are submitted by all 12 of the BIA's Regional Offices and approximately 150 to 175 Indian tribes each year. The current system for preparing and prioritizing water program funding requests needs improvement in order to provide BIA decision makers with more clear demarcations of priority. These revised procedures will allow for more effective prioritization and thus enable BIA decision makers to distribute more efficiently the available water program funds.

The National Park Service (NPS) is proposing to update the policies that guide the management of the national park system. The policies are being updated to improve their clarity and to keep pace with changes in laws, regulations, socio-economic factors and technology. The revised policies will also improve understandings among NPS managers, and between NPS managers and the public, regarding how decisions are made in protecting park resources and providing opportunities for public enjoyment of the parks. Public comment is invited for a 90-day period, which closes January 19, 2006.

Pursuant to 36 CFR 51.23, public notice is hereby given that the National Park Service proposes to extend the following expiring concession contracts for a period of up to one year, or until such time as a new contract is executed, whichever occurs sooner.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, the National Park Service (NPS) announces the availability of the draft General management plan and environmental impact statement (GMP/EIS) for the North Unit of Badlands National Park (BADL).

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the southwestern willow flycatcher (Empidonax traillii extimus) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 48,896 hectares (ha) (120,824 acres (ac)) or 1,186 kilometers (km) (737 miles (mi)) fall within the boundaries of the critical habitat designation. The critical habitat is located in Apache, Cochise, Gila, Graham, Greenlee, Maricopa, Mohave, Pinal, Pima, and Yavapai counties in Arizona (AZ), Kern, Santa Barbara, San Bernardino, and San Diego counties in southern California (CA), Clark County in southeastern Nevada (NV), Grant, Hidalgo, Mora, Rio Arriba, Soccoro, Taos, and Valencia counties in New Mexico (NM), and Washington County in Southwestern Utah (UT).

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing a proposed amendment to the Iowa regulatory program (Iowa program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Iowa proposes to amend its rules regarding small operator assistance. Iowa intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA. This document gives the times and locations that the Iowa program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

The purpose of this document is to propose to amend the procedures followed by the National Indian Gaming Commission (Commission) when processing a request under the Freedom of Information Act (FOIA), as amended so that the Commission will be in compliance with the provisions of the amendment.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Alameda whipsnake (Masticophis lateralis euryxanthus) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 203,342 acres (ac) (82,289 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Contra Costa, Alameda, San Joaquin, and Santa Clara counties, California.

The Bureau of Land Management (BLM) and United States Forest Service (USFS) announce the schedule for meetings of the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee (hereinafter referred to as MAC), for fiscal year 2006. All meetings begin at 9 a.m. and will be held in the Palm Desert City Council Conference Room, located at 73-510 Fred Waring Drive, Palm Desert California; and will begin at 9 a.m. Meetings are scheduled for the following dates: Saturday, December 3, 2006. Saturday, March 4, 2006. Saturday, June 3, 2006. Saturday, September 9, 2006. Saturday, December 2, 2006. Meeting agendas will be developed and available to the public prior to meeting dates through the Bureau of Land Management, Palm Springs- South Coast Field Office Web Page linking to the Santa Rosa San Jacinto Mountains National Monument Home Page at https://www.ca.blm.gov/ palmsprings/ santarosa/santarosanational monument.html. The focus of all MAC meetings will be on implementation issues of the Santa Rosa and San Jacinto Mountains National Monument Management Plan. Each meeting, beginning at approximately 11 a.m., will contain a half-hour Public Comment period. During this time members of the public are encouraged to provide their comments and/or input to the MAC for further consideration and discussion. A sign-up sheet for speakers will be available at the entrance of the Palm Desert City Council Conference Room, on the day of the meeting. Speakers making comments to the Advisory Committee are requested to provide a written copy of their statement for the record. The MAC is a committee of citizens appointed to provide advice and recommendation to the Secretaries of the Interior and Agriculture, with respect to implementation of the National Monument Management Plan. The Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (16 U.S.C. 106-351), authorized establishment of the MAC with representative members from State and local jurisdictions, the Agua Caliente Band of Cahuilla Indians, a natural science expert, a member from a local conservation organization, a representative of the local developers or building industry organization, the Winter Park Authority, and a representative from the Pinyon Community Council. All of the meetings are open to the public, attendance limited only by the space available. Individuals attending who need special assistance, such as sign language interpretations, or other reasonable accommodations, should notify the contact person listed below two (2) weeks in advance of the meeting. Meeting Dates and Times: December 3, 2005; March 4, 2006; June 3, 2006; September 9, 2006; December 2, 2006. All MAC meetings begin at 9 a.m., and the Public Comment period begins at approximately 11 a.m.

The Secretary of the Interior proposes to withdraw 3,009.11 acres of public land in Humboldt County, Nevada, to protect the Winnemucca Municipal Watershed and the Water Canyon Recreation Area. To the extent specified below, this notice segregates from surface entry and mining for up to 2 years, the aforementioned land.

Notice is hereby given that the Associate Deputy Secretary (ADS) has determined that the Eastern Pequot Indians of Connecticut and the Paucatuck Eastern Pequot Indians of Connecticut do not satisfy all seven criteria for acknowledgment as an Indian tribe in 25 CFR 83.7. This Reconsidered Final Determination (RFD) is final and effective upon the date of publication of this notice, pursuant to 25 CFR 83.11(h)(3).

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period for the status review initiated by the 90-day finding on a petition to list the California spotted owl (Strix occidentalis occidentalis) as threatened or endangered, under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act). On June 21, 2005 (70 FR 35607), we published a positive 90-day finding and initiated a status review of the subspecies to determine if listing under the Act is warranted. The original comment period closed on August 22, 2005. To ensure that the status review is comprehensive, we are reopening the comment period to solicit additional scientific and commercial information regarding this subspecies. This will allow all interested parties an additional opportunity to provide information on the status of the subspecies under the Act.

The Proposed Resource Management Plan and Final Environmental Impact Statement (RMP/FEIS) for the Sloan Canyon National Conservation Area is available to the public for a 30-day protest period. The proposed plan and associated FEIS were developed in accordance with the National Environmental Policy Act (NEPA) of 1969, the Federal Land Policy and Management Act (FLPMA) of 1976, and the Clark County Conservation of Public Land and Natural Resources Act of 2002 (Clark County Act) (Pub. L. 107-282).

The U.S. Fish and Wildlife Service (we or us) proposes changes in the regulations governing captive propagation of raptors in the United States. We propose reorganization of the current regulations, and we have added or changed some provisions therein. The changes will make it easier to understand the requirements for raptor propagation and the procedures for obtaining a propagation permit.

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 collections of information for 30 CFR 745, State-Federal cooperative agreements; and 30 CFR Part 887, Subsidence Insurance Program Grants. These collection requests have been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection requests describe the nature of the information collections and the expected burden and cost.

The purpose of this notice is to inform the public and interested State and local government officials of the filing of Plats of Survey in Nevada.

In accordance with the Federal Advisory Committee Act, the Bureau of Indian Affairs announces that the Advisory Board for Exceptional Children will hold its next meeting in Albuquerque, New Mexico. The purpose of the meeting is to discuss the impact of the Individuals with Disabilities Education Improvement Act Amendments of 2004 on Indian children with disabilities.

Southern Multicapital Corporation (Applicant) requests an incidental take permit (ITP) for a duration of ten 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 destroying about 93 acres of occupied Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) habitat in Section 21, Township 16 South, Range 21 East, Marion County, Florida. Habitat destruction would be expected due to vegetation clearing and the subsequent construction of infrastructure and single-family homes. Up to four scrub-jay families could be taken as a result of the Applicant's proposed actions. This ITP application was previously announced in the Federal Register on June 14, 2005. On July 29, 2005, the Applicant withdrew the Habitat Conservation Plan (HCP) that was part of the application, in order to make modifications. The Service suspended processing the application pending receipt of a modified HCP. The Applicant submitted the current HCP on August 1, 2005. The Applicant's HCP describes the mitigation and minimization measures proposed to address the effects of the proposed project on the scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We announce the availability of the ITP application, HCP, and an environmental assessment. Copies of the application, HCP, and environmental assessment 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 (NEPA) regulations (40 CFR 1506.6).