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

The Bureau of Land Management (BLM), Prineville District Office, intends to prepare a Resource Management Plan (RMP) with an associated Environmental Impact Statement (EIS) for the John Day Basin, and by this notice is announcing public scoping meetings. The RMP will amend or replace certain decisions within the John Day RMP (1985) and the portions of the Two Rivers RMP (1986) and Baker RMP (1989) that guide the management of public lands located in the Planning Area.

Pursuant to section 102 (2)(C) of the National Environmental Policy Act of 1969, the Bureau of Land Management (BLM), Ely Field Office, will be directing the preparation of an environmental impact statement (EIS) and conducting public scoping meetings for the proposed Toquop Energy Power Project, which is a coal-fired electric power generating plant and associated ancillary facilities. BLM has received right-of-way applicants for this project from Toquop Energy Inc. The EIS will assess the potential impacts of a right-of-way for a proposed coal-fired facility and a new railroad line to transport coal to the facility. The Toquop Energy Power Project was previously analyzed in a March 2003 EIS as an 1100 MW gas-fired electric generating facility. Use of an alternative fuel such as coal was eliminated from the 2003 EIS and never analyzed due to economics and other factors at the time.

The Bureau of Land Management (BLM) hereby provides notice that it will offer two parcels of public lands located in Rio Grande and Conejos Counties, Colorado, for sale at not less than their respective appraised fair market values. The Del Norte Field Manager has determined that because Parcel 1 has no legal access via any public road and is surrounded by private lands, it will be offered for sale only to the current adjoining landowners under modified competitive sale procedures. The La Jara Field Manager has determined that Parcel 2 has legal access via a public road and will be sold individually under competitive sale procedures open to any person or entity qualified to bid. Sales of both parcels will be by sealed bid only.

This notice terminates the existing classification for 80.00 acres of public land that was classified as suitable for disposal through exchange under section 8 of the Taylor Grazing Act (43 U.S.C. 315g) and opens the land to operation of the public land laws and location and entry under the mining laws, subject to the existing laws, rules, and regulations applicable to public lands administered by the BLM. The land has been and will remain open to mineral leasing.

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 Mary's Igloo Native Corporation. The lands are located in T. 2 S., R. 29 W., and T. 5 S., R. 30 W., Kateel River Meridian, Alaska, in the vicinity of Mary's Igloo, Alaska, and containing 7,758.50 acres. Notice of the decision will also be published four times in the Nome Nugget.

New Way Investments, Inc. has submitted an application for a recordable disclaimer of interest pursuant to section 315 of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1745), and the regulations contained in 43 CFR Part 1864. A recordable disclaimer, if issued, will confirm that the United States has no valid interest in the subject lands. This notice is intended to inform the public of the pending application.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval: Crop Acreage and Yields and Water Distribution (Water User Crop Census Report [Form 7-332], and Crop and Water Data [Form 7-2045]), OMB Control Number: 1006-0001. The ICR describes the nature of the information collection and its expected cost burden.

Under the provisions of Section 102(2)(C) of the National Environmental Policy Act of 1969, the National Park Service is preparing a Coral Restoration Plan/Programmatic Environmental Impact Statement (RP/PEIS). This plan is intended to guide all future coral restoration activities performed within Biscayne National Park (BISC). NPS is undertaking restoration planning and an impact analysis to identify and assess potential impacts of performing restoration activities on injured coral reef communities at vessel grounding sites within BISC. As part of this process NPS will evaluate a range of alternatives for coral reef restoration to determine the potential impacts of those alternatives, including those on land use, water quality, biological resources, geology, cultural resources, human health and safety, and aesthetics. The alternatives that may be evaluated for coral restoration are specific for each injury type including geological, biological, and other. Preliminary alternatives for geological injuries include seal/fill fractures, removal of material/rubble, filling fractures with rubble or other materials, translocate biota to stabilize surface, promote natural depositional processes, re-attachment of displaced substrate, re-establish topography, stabilize rubble, and relocation of rubble. Preliminary alternatives for biological injuries include re-attachment on-site, translocation/transplanting, seeding, removal of toxic material (e.g., bottom paint), and removal of acute and chronic point source and on-site treatment of water column contaminants. Preliminary alternatives for other injuries would include removal of debris. The purpose of the coral RP/PEIS is to develop a restoration plan that can be used by the NPS to restore coral reefs. This plan is needed to remedy injuries and damage caused by vessel groundings. To facilitate sound planning and consideration of environmental resources, the NPS intends to gather information necessary for the preparation of the coral RP/PEIS and to obtain suggestions and information from other agencies and the public on the scope of issues to be addressed in the RP/PEIS. Vessel groundings are common occurrences in BISC due to shallow water conditions outside marked channels. When a vessel runs aground on a coral reef, injuries associated with the grounding and subsequent extrication include surficial scraping of the hard bottom substrate and reef structure, blowhole formations (displacement of unconsolidated substrate that occurs when the vessel attempts to power off) fractured substrate, loss of topography, displacement of substrate (rubble), loss of living organisms, hull paint deposition on scarred substrate, introduction of contaminants to the water column (e.g., fuel, cargo) and keel scars. Coral reefs are some of the oldest, most unique, and productive ecosystems. The coral reefs within BISC are natural resources that the NPS preserves and protects for the education, inspiration, recreation, and enjoyment of present and future generations. Vessel groundings often cause structural injury to the reef matrix increasing the potential for continued erosion. Lack of management intervention after a grounding incident often results in a continued degradation and enlargement of the impacted site over time. The Park System Resource Protection Act (PSRPA) authorizes the NPS to seek compensation for injuries to Park System resources and use the recovered funds to restore, replace, or acquire equivalent resources, and to monitor and study such resources. It is the intent of NPS to prepare this coral RP/ PEIS to facilitate so that a tiered process can be used to facilitate further site-specific coral reef restoration actions within BISC.

The Bureau of Land Management (BLM) has determined land located in San Miguel County, New Mexico is suitable for classification for lease or conveyance to El Valle de Cristo Church, a non-profit organization, under authority of the Recreation and Public Purposes Act, as amended (43 U.S.C. 869 et seq.).

A 3.21 acre parcel of public land in Conejos County, Colorado is being considered for direct sale to Hal and Mindy Wilson to resolve an unauthorized use of public land.

We, the U.S. Fish and Wildlife Service (Service), extend for not more than six months, the time to make a decision on the proposal to delist the Preble's meadow jumping mouse (Zapus hudsonius preblei) and announce the reopening of the comment period. Since the close of the public comment period, we have received additional information which may be influential in our final decision. The extension is sought pursuant to section 4(b)(6)(B)(i) of the ESA because a recently completed and unpublished study substantially disagrees with the determination contained in the proposed rule that Preble's is not a distinct subspecies. Some of this new information conflicts with information given significant weight in the proposed rule. In order to ensure the public has full access to and an opportunity to comment on all available information, we are reopening the public comment period for 60 days. The Service will make a final decision based on the best scientific and commercial information available. Comments previously submitted need not be resubmitted as they have already been incorporated into the public record and will be fully considered in the final decision and rule.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas proposed revisions to the Texas Surface Coal Mining and Reclamation Act (TSCMRA) and the Texas Administrative Code (TAC) regarding the State's annual fees that are required from coal mining permit holders. Texas proposed to change the requirement for the current annual fee and to add two new annual fees. Texas intends to revise its program to reduce the economic cost to the coal mining industry as a whole and to require coal mining permit holders that have ceased mining to pay annual fees.

In accordance with the Paperwork Reduction Act of 1995, this notice announces that the Bureau of Reclamation (Reclamation) intends to seek approval of the following proposed new information collection: Yakima Basin Recreation Survey. Reclamation will use two separate forms to collect this information. Form No. 7-2570, Yakima Basin Reservoir Recreation Survey, and Form No. 7-2571, Yakima Basin River Recreation Survey. Before submitting the information collection request to the Office of Management and Budget for approval, Reclamation is soliciting comments on specific aspects of the information collection.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list Sidalcea hendersonii (Henderson's checkermallow) under the Endangered Species Act of 1973, as amended. We find the petition does not provide substantial scientific information indicating that listing S. hendersonii may be warranted. Therefore, we will not be initiating a further status review in response to this petition, however, we ask the public to submit to us any new information that becomes available concerning the status of the species or threats to it.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period for the proposal to designate critical habitat for the contiguous United States distinct population segment of the Canada lynx (Lynx canadensis) under the Endangered Species Act of 1973, as amended, which was published on November 9, 2005 (70 FR 68294). This will allow all interested parties the opportunity to comment on the proposed critical habitat designation. The public comment period is being reopened with this notice until April 30, 2006. In addition, we provide information and maps clarifying the areas proposed for critical habitat designation in the November 9, 2005 (70 FR 68294) publication.

This notice advises the public that draft National Bald Eagle Management Guidelines are available for public review. Comments and suggestions are requested.

The U.S. Fish and Wildlife Service (Service) announces a 5- year review of the Florida scrub-jay (Aphelocoma coerulescens) under section 4(c)(2) of the Endangered Species Act of 1973, as amended (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 17.11 and 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.

As required by the Federal Advisory Committee Act, Public Law 92-463, the Department of the Interior, Natural Resource Damage Assessment and Restoration Program Office gives notice of the second meeting of the Department's Natural Resource Damage Assessment and Restoration Advisory Committee. The Advisory Committee will meet at the U.S. Department of the Interior, South Building Auditorium, 1951 Constitution Avenue NW., Washington, DC 20240 from 8:30 a.m. to 5 p.m. on March 2, 2006. Members of the public are invited to attend the Committee Meeting to listen to the committee proceedings and to provide public input. Public Input: Any member of the public interested in providing public input at the Committee Meeting should contact Mr. Steve Glomb, whose contact information is listed under the FOR FURTHER INFORMATION CONTACT section of this notice. Each individual providing oral input is requested to limit those comments to three minutes. This time frame may be adjusted to accommodate all those who would like to speak. Requests to be added to the public speaker list must be received in writing (letter, e-mail, or fax) by noon eastern standard time on February 21, 2006. Anyone wishing to submit written comments should provide a copy of those comments to Mr. Glomb in the following formats: One hard copy with original signature, and one electronic copy via e-mail (acceptable file formats are: Adobe Acrobat, WordPerfect, Word, or Rich Text files) by noon eastern standard time on February 21, 2006. Document Availability: Interested individuals may view the draft agenda for the meeting online at https://restoration.doi.gov/faca or may request the draft agenda from Mr. Glomb. In preparation for this meeting of the Advisory Committee, the Committee and the public can find helpful background information at the Restoration Program Web site https://restoration.doi.gov. The site provides a good introduction to the program for those who are relatively new to the damage assessment and restoration arena and a useful reference for seasoned practitioners and policy leaders. Links to the statutory and regulatory framework for the program are found at https://restoration.doi.gov/laws.htm. DOI Program policies are found at https://restoration.doi.gov/policy.htm.

Pursuant to the authority vested in the Secretary of the Interior by Executive Order No. 11435 of November 21, 1968 (33 FR 17339), and redelegated to the Associate Deputy Secretary, I hereby accept at 12:01 a.m. CST, February 15, 2006, retrocession to the United States of civil and criminal jurisdiction over the Santee Sioux Nation, which was acquired by the State of Nebraska, pursuant to Public Law 83- 280, 67 Stat. 588, 18 U.S.C. 1162, 28 U.S.C. 1360. The retrocession herein accepted was offered by Legislative Resolution 17 by the legislature of the State of Nebraska on May 31, 2001, and transmitted to the Secretary on November 13, 2001. By Resolution No. 2001-12 dated December 20, 2000, the Santee Sioux Nation requested that the State of Nebraska retrocede civil and criminal jurisdiction to the United States.

This notice is published in accordance with Section 10(a)(2) of the Federal Advisory Committee Act. Meeting notice is hereby given for the Salem Oregon BLM Resource Advisory Committee pursuant to Section 205 of the Secure Rural Schools and Community Self Determination Act of 2000, Public Law 106-393 (the Act). Topics to be discussed by the Salem BLM Resource Advisory Committee include: reviewing 2006 project applications, developing funding recommendations for 2006 projects, monitoring progress of previously approved projects, and scheduling field reviews of projects.

This notice announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for the Cedar Island National Wildlife Refuge are available for review and comment. The National Wildlife 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.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Douglas County pocket gopher (Thomomys talpoides macrotis) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition does not present substantial scientific or commercial information indicating that listing the Douglas County pocket gopher may be warranted. This finding is based on our determination that the Douglas County pocket gopher is more widespread than indicated in the petition, that substantially more sites are currently occupied, and that many of these occupied sites are protected from development by being part of county-administered open space, Lowry Military Reservation lands, or various State-owned lands in Douglas, Arapahoe, and Elbert Counties, Colorado. Therefore, we will not initiate a status review in response to this petition. However, the public may submit to us new information concerning the status of or threats to the Douglas County pocket gopher at any time.

On March 15, 2006, the MMS will open and publicly announce bids received for blocks offered in Central GOM Oil and Gas Lease Sale 198, pursuant to the OCS Lands Act (43 U.S.C. 1331-1356, as amended), and the regulations issued thereunder (30 CFR part 256). The Final Notice of Sale 198 Package (FNOS 198 Package) contains information essential to bidders, and bidders are charged with the knowledge of the documents contained in the Package.

We are announcing receipt of a proposed amendment to the Wyoming regulatory program (hereinafter, the ``Wyoming program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Wyoming proposes revisions to and additions of rules about bond release (Rule Package 1-P) and highwall retention (Rule Package 1-T). Wyoming intends to revise its program to be consistent with the corresponding Federal regulations, provide additional safeguards, clarify ambiguities, and improve operational efficiency. This document gives the times and locations that the Wyoming 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.