Department of the Interior January 2006 – Federal Register Recent Federal Regulation Documents

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Reclamation (Reclamation) and the New Mexico Interstate Stream Commission (NMISC), as joint lead agencies, have prepared a draft environmental impact statement (DEIS) on the execution of a long-term contract based upon the 1920 Sale of Water for Miscellaneous Purposes Act (long-term miscellaneous purposes contract) with the Carlsbad Irrigation District (CID), New Mexico, and the subsequent conversion and delivery of the full amount of irrigation water addressed in the contract and any related contracts. Reclamation is the lead federal agency and the NMISC is a joint lead agency for NEPA compliance on the proposed federal action.

In accordance with the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and Bureau of Land Management (BLM) procedures, the BLM announces the availability of the ROD to implement a Wind Energy Development Program and amend BLM land use plans. The decision is hereby made to implement a comprehensive Wind Energy Development Program to administer the development of wind energy resources on BLM-administered public lands in 11 western states, excluding Alaska. In addition, this decision amends 52 BLM land use plans in 9 states to adopt the new program. The Assistant Director, Minerals, Realty and Resource Protection and the Assistant Director, Renewable Resources and Planning jointly signed the ROD on December 15, 2005.

This order withdraws 80 acres of public land from location and entry under the United States mining laws for a period of 20 years for the Bureau of Land Management to protect the Hot Lake Natural Area.

This notice announces the intent to hold a Resource Advisory Council (RAC) meeting in the Twin Falls District of Idaho on Tuesday, February 7, 2006. The meeting will be held at the Red Lion Canyon Springs Hotel, 1357 Blue Lakes Boulevard, in Twin Falls, Idaho.

This notice advises the public of two corrections to the Notice of Availability of the Draft Environmental Impact Statement for the proposed Cordova Oil Spill Response Facility, Cordova, Alaska, which was published in the Federal Register on December 22, 2005 (70 FR 76066-76067) and which described the proposed action. These corrections are as follows: The two-letter abbreviation for Alaska in the Notice heading was incorrectly given as ``AL.'' The correct abbreviation for Alaska is AK. The project website in the ADDRESSES section of the Notice was incorrect. The correct Web site is https:// www.cordovaresponsefacility. com.

This document provides notice that the Bureau of Land Management (BLM) intends to prepare a Resource Management Plan (RMP) amendment to address Lands and Land Tenure Issues, and Recreation and Travel Management. The appropriate state, tribal and local governments will be invited to participate as cooperating agencies.

To comply with the Paperwork Reduction Act of 1995 (PRA), MMS is inviting comments on a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. The information collection request (ICR) concerns the paperwork requirements in the regulations under 30 CFR 250, Subpart O, ``Well Control & Production Safety Training.''

The Bureau of Indian Affairs is seeking comments from the public on an extension of an information collection from potential Self-Governance Tribes, as required by the Paperwork Reduction Act. The information collected under OMB Clearance Number, 1076-0143, will be used to establish requirements for entry into the pool of qualified applicants for self-governance, to provide information for awarding grants, and to meet reporting requirements of the Self-Governance Act.

This notice advises that the U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare a Comprehensive Conservation Plan (CCP) and associated environmental documents for the Rainwater Basin Wetland Management District (WMD) in south-central Nebraska. The Service is furnishing this notice in compliance with Service CCP policy to advise other agencies and the public of its intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.

WindMar RE (Applicant) requests an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The Applicant anticipates taking Puerto Rican nightjar (Caprimulgus noctitherus) (nightjar), brown pelican (Pelecanus occidentalis occidentalis), and roseate tern (Sterna dougallii), incidental to the construction and operation, over a 40-year term of a commercial wind-energy project in Punta Verraco, Cerro Toro, and Punta Ventana in Guayanilla, Puerto Rico (Project). The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project on nightjars, brown pelicans, and roseate terns. These measures are described further in the SUPPLEMENTARY INFORMATION section below. The Service announces the availability of the HCP and our Environmental Assessment (EA) for the incidental take permit application. Copies of the HCP and EA may be obtained by making a request to the Regional Office (see ADDRESSES). Requests must be in writing to be processed. This notice is provided pursuant to section 10 of the Endangered Species Act and National Environmental Policy Act regulations (40 CFR 1506.6).

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the U.S. Army Corps of Engineers (Corps) and the U.S. Fish and Wildlife Service (USFWS) intend to prepare a joint project- level integrated Environmental Impact Statement (EIS)/Environmental Impact Report (EIR)/Feasibility Report, hereafter called the Report, to address the potential impacts of the first Interim Feasibility Study component of the South San Francisco Bay Shoreline Study, San Francisco Bay, CA. This study is closely interrelated with the ongoing South Bay Salt Ponds Restoration Project, discussed in the Notice of Intent dated November 9, 2004. It will function as a project-level EIS/EIR tiered under that programmatic EIS/EIR and will be issued subsequently to the programmatic document. The California State Coastal Conservancy (Conservancy) will be the lead agency under the California Environmental Quality Act (CEQA). Federal Lead Agencies Proposed Actions and Related Programmatic EIS/EIR. The Corps, in cooperation with the USFWS, is proposing to study flood protection and ecosystem restoration for the Alviso portion of the South San Francisco Bay (South Bay) Salt Ponds and adjacent areas to determine whether there is a federal interest in constructing a project with flood protection and/or ecosystem restoration components in this area, and if so, to determine the optimum project to recommend to Congress for authorization. The Report will recommend a plan which will provide for long-term restoration for these salt ponds and adjacent areas as well as flood protection and recreation components, if these actions are justified under Federal criteria. The Report and its alternatives will be tiered to the programmatic EIS/EIR for the South Bay Salt Ponds Restoration Project. One public scoping meeting will be held to solicit comments on the environmental effects of the range of potential projects and the appropriate scope of the Report. The public is invited to comment during this meeting on environmental issues to be addressed in the Report.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, the National Park Service announces the availability of the draft general management plan amendment and environmental impact statement (GMPA/EIS) for Dayton Aviation Heritage National Historical Park (DAAV).

The Fish and Wildlife Service announces that Draft Comprehensive Conservation Plans and Environmental Assessments for the above referenced refuges 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 photography, and environmental education and interpretation.

In accordance with Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), and the President's Council on Environmental Quality (40 CFR 1500-1508), as implemented by Director's Order 12, the National Park Service (NPS) in coordination with the Federal Highway Administration has prepared a Draft Environmental Impact Statement (DEIS) to analyze alternatives for resolving issues related to the North Shore Road in the Great Smoky Mountains National Park (GSMNP). With the approval of the Department of Interior, the NPS is presenting the alternatives in the DEIS without identifying a preferred alternative. The NPS is seeking public comment on the alternatives before selecting a preferred alternative. This notice announces the availability of the DEIS and the locations of public hearings for the purpose of receiving comments on the draft document. The purpose of the proposed action is to discharge and satisfy any obligations on the part of the United States that presently exist as the result of the July 30, 1943, Memorandum of Agreement (MOA) among the U.S. Department of the Interior (DOI), Tennessee Valley Authority, Swain County, North Carolina, and the State of North Carolina. The need of the project is to determine whether or not it is feasible to complete the road and to evaluate other alternative that would satisfy the obligation. The DEIS analyzes one no-action alternative and four action alternatives for meeting the purpose and need of the project. The no- action alternative would continue current management practices and policies into the future. One of the action alternatives would provide Swain County with a monetary settlement to satisfy and discharge the obligations of the MOA. Each of the other three action alternatives would allow various levels of development and/or road construction within the project study area of GSMNP. Under the Laurel Branch Picnic Area alternative a day-use area on the north side of existing Lake View Road would be constructed. Outdoor facilities would include a multi-use picnic shelter, picnic tables, several loop trails, drinking fountains, and restrooms. Under the Partial-Build Alternative to Bushnell, up to 8 miles (12.9 km) of new roadway from the existing tunnel west to the vicinity of the former Bushnell settlement would be constructed. The alternative would provide a boat-launching ramp and restricted boat dock. Located near the terminus of the new roadway would be a multi-use picnic shelter and picnic tables, a backcountry permit station, an information kiosk, restrooms, and a parking area. Exhibit/museum space would be designed to highlight local heritage of the area and may include concession opportunities. Under the Northern Shore Corridor Alternative, 29 to 34.3 miles of new roadway to the vicinity of Fontana Dam would be constructed. It would connect Lake View Road to NC 28. This alternative would include provisions for the development of an auto-tour guide describing the historic and natural points of interest along the route. Also, restrooms would be built at appropriate locations. Dates: The DEIS will be available for public review and comments submitted until March 20, 2006. Public hearings will be held on February 2, 6, 7, 9, and 13, 2006. Hearings will be conducted from 4 p.m. to 8 p.m. or later as needed to hear all comments. Representatives of the NPS will be available at the public hearings to receive comments, concerns, and other input from the public related to the DEIS. Specific information about the public hearings is as follows: February 2, 2006, 4:30-8 p.m., Swain County High School, Center for the Arts, Auditorium, 1415 Fontana Road, Bryson City, NC; February 6, 2006, 4:30-8 p.m., Robbinsville High School Auditorium, 301 Sweetwater Road, Robbinsville, NC; February 7, 2006, 4:30-8 p.m., Asheville Renaissance Hotel, One Thomas Wolfe Plaza, Asheville, NC; February 9, 2006, 4:30-8 p.m., Knoxville Marriott, 500 Hill Avenue, SE., Knoxville, TN; February 13, 2006, 4:30-8 p.m., Gatlinburg-Pittman High School Auditorium, 150 Proffitt Road, Gatlinburg, TN. Addresses: The complete DEIS and associated appendices are available for review or download on the Internet at https:// www.northshoreroad.info. Copies of the DEIS will also be available for review at the following locations: Pack Memorial Library, 67 Haywood Street, Asheville, NC 28801; Marianna Black Library, 33 Fryemont Road, Bryson City, NC 28713; Charlotte and Mecklenburg County Main Library, 310 North Tryon Street, Charlotte, NC 28202; Qualla Boundary Public Library, 810 Acquoni Road, Cherokee, NC 28719; Anna Porter Public Library, 207 Cherokee Orchard Road, Gatlinburg, TN 37738; GSMNP Headquarters, 107 Park Headquarters Road, Gatlinburg, TN 37738; Lawson- McGee Library, 500 West Church Avenue, Knoxville, TN 37915; Cameron Village Regional Library, 410-200 Oberlin Road, Raleigh, NC 27605; Graham County Public Library, 80 Knight Street, Robbinsville, NC 28771. For Further Information Contact: North Shore Road EIS, Attn: Superintendent, Great Smoky Mountains National Park, 107 Park Headquarters Road, Gatlinburg, TN 37738, Telephone: 865/436-1207 or Fax: 865/436-1220. Supplementary Information: In July 1943, the Tennessee Valley Authority (TVA), the DOI, the State of North Carolina, and Swain County, entered into a Memorandum of Agreement (MOA) that dealt with the creation of Fontana Dam and Reservoir and the flooding of lands and road within Swain County. As part of that agreement, 44,170 acres of land were ultimately transferred to the DOI and made part of GSMNP. The MOA also contained a provision by which the DOI was to construct a road through the Park, along the north shore of the newly formed Fontana Reservoir, to replace the flooded NC 288, contingent upon funds being appropriated by Congress. The DEIS evaluates potential environmental consequences, of implementing the action alternatives, on GSMNP and the Appalachian National Scenic Trail. Impact topics include the human environment, physical environment, natural and cultural resources, aesthetics and visual resources, visitor use and experience, and park operations. Direct, indirect, and cumulative impacts along with options to address potential impacts were evaluated and are described for each resource area. The public is advised that it is the practice of the NPS to make comments, including individual names and addresses of respondents, available for public review during regular business hours. There are circumstances in which a person prefers to have his or her name and other information withheld from the public record. Any person wishing to do this must state this prominently at the beginning of any correspondence or comment, and the request will be honored to the extent allowable by law. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be placed on the public record and will be made available for public inspection in their entirety. Anonymous comments will be included in the public record, however, the NPS is not legally required to consider or respond to anonymous comments. The DEIS is being mailed to appropriate Federal, State and local agencies and organizations which have been involved with the project, have expressed, or are known to have an interest or legal role in this proposal. After public review of the DEIS, the National Park Service will consider comments, and a Final EIS followed by a Record of Decision will be prepared. The Final EIS is scheduled for completion in November 2006. The responsible official for this Environmental Impact Statement is Patricia A. Hooks, Regional Director, Southeast Region, National Park Service, 100 Alabama Street, SW., 1924 Building, Atlanta, Georgia 30303.

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 1 year, or until such time as such a new contract is executed, whichever occurs sooner.

Pursuant to the terms of existing concession contracts, public notice is hereby given that the National Park Service intends to request a continuation of visitor services for a period not-to-exceed 1 year from the date of contract expiration.

Pursuant to the terms of existing concession contracts, public notice is hereby given that the National Park Service intends to request a continuation of visitor services for a period not-to-exceed 1 year from the date of contract expiration.

Pursuant to the terms of existing concession contracts, public notice is hereby given that the National Park Service intends to request a continuation of visitor services for a period not-to-exceed 1 year from the date of contract expiration.

Pursuant to the terms of existing concession contracts, public notice is hereby given that the National Park Service intends to request a continuation of visitor services for a period not-to-exceed 1 year from the date of contract expiration.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the northern Mexican gartersnake, Thamnophis eques megalops, as threatened or endangered with critical habitat under the Endangered Species Act of 1973, as amended (Act). The petitioners provided three listing scenarios for consideration by the Service: (1) Listing the United States population as a Distinct Population Segment (DPS); (2) listing the species throughout its range in the United States and Mexico based on its range-wide status; or (3) listing the species throughout its range in the U.S. and Mexico based on its status in the United States. We find the petition has presented substantial information that the northern Mexican gartersnake is a listable entity, and we find that the petition presents substantial scientific and commercial data indicating that listing may be warranted. Therefore, we are initiating a status review to determine if listing this species is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information regarding this species. Any determinations on critical habitat will be made if and when a listing action is initiated for this species.

The Notice of Availability of the Draft Environmental Impact Statement/Environmental Impact Report and notice of public meetings and hearings was published in the Federal Register on November 10, 2005 (70 FR 68475). The Bureau of Reclamation is correcting the public hearing dates from 2005 to 2006 and changing the dates, times, and locations.