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

We are announcing receipt of a proposed amendment to the Utah regulatory program (hereinafter, the ``Utah program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Utah proposes revisions to the Utah Administrative Rules concerning permit change, renewal, transfer, sale and assignment, cross sections and maps, processing and approval of extensions to the approved permit area, determining civil penalty amounts, and assessing daily civil penalties. Utah intends to revise its program to clarify and strengthen certain parts of the rules.

Carlos Bigord (Applicant) requests an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking over a one- year permit term, about 0.23 acre of Florida scrub-jay (Aphelocoma coerulescens)(scrub-jay) foraging, sheltering, and possibly nesting habitat, incidental to lot preparation for the construction of a single-family home and supporting infrastructure in Charlotte County, Florida (Project). The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. The Service announces the availability of the HCP for the incidental take application.

The U.S. Fish and Wildlife Service announces that the Final Comprehensive Conservation Plan (CCP) is available for Sherburne National Wildlife Refuge, Minnesota. The CCP was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969. Goals and objectives in the CCP describe how the agency intends to manage the refuge over the next 15 years.

The Adaptive Management Program (AMP) was implemented as a result of the Record of Decision on the Operation of Glen Canyon Dam Final Environmental Impact Statement to comply with consultation requirements of the Grand Canyon Protection Act (Pub. L. 102-575) of 1992. The AMP includes a Federal advisory committee (AMWG), a technical work group (TWG), a monitoring and research center, and independent review panels. The AMWG makes recommendations to the Secretary of the Interior concerning Glen Canyon Dam operations and other management actions to protect resources downstream of Glen Canyon Dam consistent with the Grand Canyon Protection Act. The TWG is a subcommittee of the AMWG and provides technical advice and recommendations to the AMWG. Date and Location: The AMWG will conduct the following public meeting: Phoenix, ArizonaMarch 7-8, 2006. The meeting will begin at 9:30 a.m. and conclude at 5 p.m. on the first day and will begin at 8 a.m. and conclude at 3 p.m. on the second day. The meeting will be held at the Bureau of Indian Affairs, 2 Arizona Center, 400 N. 5th Street, 12th Floor, Conference Rooms A&B, in Phoenix, Arizona. Agenda: The purpose of the meeting will be to review the Fiscal Year 2005 budget expenditures and proposed FY06 budget modifications and draft FY07-08 budget and workplan proposals, and to receive updates on science plans currently in development along with other monitoring and research reports. Additional topics of discussion will include status of humpback chub efforts, basin hydrology, public outreach, and other administrative and resource issues pertaining to the AMP. Time will be allowed for any individual or organization wishing to make formal oral comments (limited to 5 minutes) at the meeting. To allow full consideration of information by the AMWG members, written notice must be provided to Dennis Kubly, Bureau of Reclamation, Upper Colorado Regional Office, 125 South State Street, Room 6107, Salt Lake City, Utah, 84138; telephone (801) 524-3715; faxogram (801) 524-3858; e-mail at dkubly@uc.usbr.gov at least five (5) days prior to the meeting. Any written comments received will be provided to the AMWG and TWG members.

We invite the public to comment on the following application to conduct certain activities with endangered species.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the island marble butterfly (Euchloe ausonides insulanus) as an endangered species under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific information indicating that listing the island marble butterfly may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species, and we will issue a 12-month finding to determine if the petitioned action is warranted. To assist and ensure that the review is comprehensive, we are soliciting information and data regarding this species.

This notice advises the public that the Bureau of Indian Affairs (BIA) is reopening the comment period on its Supplemental Environmental Impact Statement (SEIS) for the Proposed Campo Solid Waste Landfill Facility on the Campo Indian Reservation in San Diego County, California, for an additional 30 days. The Notice of Intent to prepare the SEIS, published in the Federal Register on November 8, 2005 (70 FR 67738), announced a closing date for comments of December 9, 2005.

This order partially revokes an Executive Order insofar as it affects 40 acres of public land withdrawn for the Bureau of Land Management's Power Site Reserve No. 32. This order also opens the land to surface entry subject to valid existing rights and other segregations of record.

Per 30 U.S.C. 188(d), Valentine Peck timely filed a petition for reinstatement of oil and gas lease NDM 87262, Slope County, North Dakota. The lessee paid the required rental accruing from the date of termination, September 1, 2005. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals and royalties of $10 per acre and 16\2/3\ percent or 4 percentages above the existing competitive royalty rate. The lessee paid the $500 administration fee for the reinstatement of the lease and $155 cost for publishing this Notice. The lessee met the requirements for reinstatement of the lease per Sec. 31(d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The increased rental of $10 per acre; The increased royalty of 16\2/3\ percent or 4 percentages above the existing competitive royalty rate; and The $155 cost of publishing this Notice.

The Bureau of Land Management, Eastern States Office, Springfield, Virginia, hereby gives notice that an Environmental Assessment (EA) is available and a public hearing will be held to lease Federal coal pursuant to 43 Code of Federal Regulations (CFR) 3425.4. The EA analyzes and discloses direct, indirect, and cumulative environmental impacts of issuing competitively a Federal coal lease for 314.53 acres in the Daniel Boone National Forest (DBNF) Clay County, Kentucky. The purpose of the public hearing is to solicit comments from the public on (1) The proposal to issue a Federal coal lease; (2) the proposed competitive lease sale; (3) the Fair Market Value (FMV) of the Federal coal; and (4) Maximum Economic Recovery (MER) of the Federal coal included in the tracts.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, the Bureau of Land Management (BLM), Vernal Field Office, Vernal, Utah, will prepare an EIS on the proposed expansion of existing natural gas field development operations. The EIS area encompasses approximately 236,165 acres predominately in the West Tavaputs Exploration and Development Area with some overlap into the Monument Butte-Red Wash, and East Tavaputs Exploration and Development Areas. The project is located primarily on BLM administered lands (203,357 acres). The project area also includes lands administered by the State of Utah (27,765 acres), and several private landowners (5,043 acres). Gasco has mineral lease rights underlying both the public and private lands. The Vernal Field Office Manager will be the authorized officer for this project.

Notice is hereby given in accordance with the Federal Advisory Commission Act and 36 CFR Part 65 that a meeting of the Landmarks Committee of the National Park System Advisory Board will be held beginning at 1 p.m. on April 11, 2006, at the location listed below. The meeting will continue beginning at 9 a.m. on April 12.

The Minerals Management Service (MMS) requests comments on the Draft Proposed 5-year OCS Oil and Gas Leasing Program for 2007-2012. This is the first proposal for a new program to succeed the current program that expires on June 30, 2007, and forms the basis for conducting the studies and analyses the Secretary will consider in making future decisions on what areas to include in the program. Section 18 of the OCS Lands Act (43 U.S.C. 1344) specifies a multi- step process of consultation and analysis that must be completed before the Secretary of the Interior may approve a new 5-year program. The required steps following this notice include the development of a proposed program, a proposed final program, and Secretarial approval. Pursuant to the National Environmental Policy Act (NEPA), the MMS also will prepare an EIS for the new 5-year program.

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) Front Range Resource Advisory Council (RAC), will meet as indicated below.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the polar bear (Ursus maritimus) as threatened under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that the petitioned action of listing the polar bear may be warranted. We, therefore, are initiating a status review of the polar bear to determine if listing under the Act is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information regarding this species.

This notice sets forth the date of the February 18, 2006 meeting of the Flight 93 Advisory Commission.

This notice announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for Currituck 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 photography, and environmental education and interpretation.

The National Historic Oregon Trail Interpretive Center Advisory Board will meet March 7, 2006, from 8 a.m. to 12 p.m. (PST) at the Best Western Sunridge Inn, One Sunridge Way, Baker City, Oregon. Meeting topics will include a Center update, education and outreach, and other topics as may come before the board. The meeting is open to the public. Public comment is scheduled for 10 to 10:15 a.m.

Under the provisions of section 371(a) of the Energy Policy Act of 2005, the lessee, Charles A. Einarsen, timely filed a petition for reinstatement of competitive oil and gas lease WYW153586 in Natrona County, Wyoming. The lessee paid the required rental accruing from the date of termination, September 1, 2002, and submitted a signed agreement, specifying future rental and royalty rates for this lease would be at $10.00 per acre or fraction of an acre and 16\2/3\ percent respectively. In accordance with 43 CFR 3103.4-1 and 43 CFR 3108.2-3(f) the lessee petitioned to reduce the rental and royalty rates for the subject lease to the rates specified in sections 1 and 2 of the original lease agreement and submitted justification and rationalization for the request. After thoroughly reviewing the lessee's petition and taking into consideration the information submitted, we have granted the request to reduce the rental rates to those in Section 1 of the original lease agreement but have denied the request for a reduced royalty rate. The purpose of granting a reduced royalty rate is to extend the productive life of an existing well. Normally it cannot be determined whether a lease can be successfully operated at the higher royalty rate required for reinstated leases until the lease has been fully developed. Because the productivity of the leasehold has not been fully determined, the request for a reduced royalty rate is premature. No leases were issued that affect these lands. The lessee had paid the required $500 administrative fee for lease reinstatement and $166 cost for publishing this Notice. The lessee has met all the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)). We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The rental rates specified in section 1 of the original lease agreement; and The increased royalty of 16\2/3\ percent or 4 percentages above the existing competitive royalty rate.

The Office of Hearings and Appeals (OHA) is amending its regulations that implement the Equal Access to Justice Act to bring them up to date with amendments to the statute that have been enacted since 1983.

We, the U.S. Fish and Wildlife Service (Service), announce our intention to conduct rulemaking to establish a distinct population segment (DPS) of the gray wolf (Canis lupus) in the Northern Rocky Mountains of the United States (NRM). The NRM DPS of gray wolf encompasses the eastern one-third of Washington and Oregon, a small part of north-central Utah, and all of Montana, Idaho, and Wyoming. The threats to the wolf population in the NRM DPS have been reduced or eliminated as evidenced by the population exceeding the numerical, distributional, and temporal recovery goals each year since 2002. The States of Montana and Idaho have adopted State laws and State wolf management plans that would conserve a recovered NRM wolf population within their boundaries into the foreseeable future. However, we have determined that Wyoming State law and its wolf management plan do not provide the necessary regulatory mechanism to assure that Wyoming's share of a recovered NRM wolf population will be conserved if the ESA's protections were removed. Therefore, we intend to conduct a future rulemaking to propose that the gray wolf in the NRM wolf DPS be removed from the List of Threatened and Endangered Wildlife under the Endangered Species Act of 1973 (ESA), as amended, if Wyoming adopts a State law and a State wolf management plan that is approved by the Service. Concerns regarding the Wyoming plan would have to be resolved before a NRM DPS delisting could be finalized. This ANPRM is being issued in advance of completion of the 12 month status review of NRM wolves. This status review remains in progress.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Kootenai River population of the white sturgeon (Acipenser transmontanus) (Kootenai sturgeon) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately, 6.9 river miles (RM) (11.1 river kilometers (RKM)) of the Kootenai River fall within the boundaries of the critical habitat designation located in Boundary County, Idaho. This designation is in addition to the 11.2 miles (18 kilometers) of the Kootenai River already designated as critical habitat for the Kootenai sturgeon.

Under the provisions of Section 371(a) of the Energy Policy Act of 2005, the lessee, Charles A. Einarsen, timely filed a petition for reinstatement of competitive oil and gas lease WYW153578 in Natrona County, Wyoming. The lessee paid the required rental accruing from the date of termination, September 1, 2002, and submitted a signed agreement, specifying future rental and royalty rates for this lease would be at $10.00 per acre or fraction of an acre and 16\2/3\ percent respectively. In accordance with 43 CFR 3103.4-1 and 43 CFR 3108.2-3(f) the lessee petitioned to reduce the rental and royalty rates for the subject lease to the rates specified in Sections 1 and 2 of the original lease agreement and submitted justification and rationalization for the request. After thoroughly reviewing the lessee's petition and taking into consideration the information submitted, we have granted the request to reduce the rental rates to those in Section 1 of the original lease agreement but have denied the request for a reduced royalty rate. The purpose of granting a reduced royalty rate is to extend the productive life of an existing well. Normally it cannot be determined whether a lease can be successfully operated at the higher royalty rate required for reinstated leases until the lease has been fully developed. Because the productivity of the leasehold has not been fully determined, the request for a reduced royalty rate is premature. No leases were issued that affect these lands. The lessee had paid the required $500 administrative fee for lease reinstatement and $166 cost for publishing this Notice. The lessee has met all the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)). We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The rental rates specified in Section 1 of the original lease agreement; and The increased royalty of 16\2/3\ percent or 4 percentages above the existing competitive royalty rate.

Notice is hereby given that the Bureau of Land Management (BLM) is requesting comments that will address right-of-way applications filed by Private Fuel Storage (PFS), LLC, for an independent spent fuel storage installation on reservation lands of the Skull Valley Band of Goshute Indians (Band or Skull Valley Band). The installation is described in an environmental impact statement (EIS) prepared by the Nuclear Regulatory Commission (NRC), entitled Final Environmental Impact Statement for the Construction and Operation of an Independent Spent Fuel Storage Installation on the Reservation of the Skull Valley Band of Goshute Indians and the Related Transportation Facility in Tooele County, Utah (December 2001). This EIS is available online at https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/ sr1714/v1/. BLM was a cooperating agency in the preparation of this EIS, as were the Bureau of Indian Affairs (BIA), U.S. Department of the Interior, and the U.S. Surface Transportation Board. Your comments are sought pursuant to 40 CFR 1506.6(d).