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

This notice advises the public that the Bureau of Indian Affairs (BIA) has filed a Draft Environmental Impact Statement (DEIS) with the U.S. Environmental Protection Agency for a proposed 29.87 acre fee-to-trust land transfer and casino project to be located within unincorporated Contra Costa County, California. The purpose of the proposed action is to help provide for the economic development of the Scotts Valley Band of Pomo Indians (Tribe). This notice also announces a hearing for the public to provide comments on the DEIS.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Bureau of Indian Affairs invites comments on two information collection requests which will be renewed. The two collections are: Electrical Service Application, 1076-0021, and Water Request, 1076-0141.

The U.S. Fish and Wildlife Service (Service or we) is publishing migratory bird subsistence harvest regulations in Alaska for the 2006 season. This final rule establishes regulations that prescribe frameworks, or outer limits, for dates when harvesting of birds may occur, species that can be taken, and methods and means that are excluded from use. These regulations were developed under a co- management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. These regulations provide a framework to enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking promulgates regulations that start on April 2, 2006, and expire on August 31, 2006, for the subsistence harvest of migratory birds in Alaska.

Following consultation with the General Services Administration, notice is hereby given that the Secretary of the Interior is renewing the OCS Scientific Committee. The OCS Scientific Committee provides advice on the feasibility, appropriateness, and scientific value of the Outer Continental Shelf Environmental Studies Program to the Secretary of the Interior through the Director of the Minerals Management Service. The Committee reviews the relevance of the research and data being produced to meet MMS scientific information needs for decision making and may recommend changes in scope, direction, and emphasis.

This information collection is in support of development of a Comprehensive Conservation Plan for Rappahannock National Wildlife Refuge. Under the National Wildlife Refuge System Improvement Act of 1997, all national wildlife refuges are required to develop a Comprehensive Conservation Plan (CCP). A CCP is a document that provides a framework for guiding refuge management decisions. This planning process ensures the opportunity for active public involvement in the preparation and revision of comprehensive conservation plans. This information collection will inform the planning process by providing information to the U.S. Fish and Wildlife Service on the attitudes and opinions of local residents regarding Rappahannock National Wildlife Refuge and its management. Estimated Completion Time: 25 minutes. Estimated Annual Number of Respondents: 650. Frequency: One time. Estimated Annual Burden Hours: 271 hours. Affected Public: Residents adjacent to the Rappahannock River Basin, Virginia. For Further Information Contact: To obtain copies of the survey, contact Phadrea Ponds, U.S. Geological Survey, 2150 Centre Avenue Building C, Fort Collins, CO 80526-8118, telephone 970-226-9445.

We (Fish and Wildlife Service) have sent the information collection described below to OMB for approval under the provisions of the Paperwork Reduction Act. We use this information to screen and rank applicants for membership on the Federal Subsistence Regional Advisory Councils (Regional Councils).

The following applicants have applied for permits to conduct certain activities with endangered species.

The National Park Service (NPS) is proposing to designate areas for the limited purpose of providing passage access through park waters for personal watercraft (PWC) use in the Jamaica Bay Unit of Gateway National Recreation Area (GATE), New York/New Jersey. This proposed rule implements the provisions of the NPS general regulations authorizing park areas to allow the use of PWC by promulgating a special regulation. Individual parks must determine whether PWC use is appropriate for a specific park area based on an evaluation of that area's enabling legislation, resources and values, other visitor uses, and overall management objectives. The proposed rule designating areas where PWC may be used in the Sandy Hook unit of GATE, New York/New Jersey is published elsewhere in today's Federal Register.

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 Deloy Ges Incorporated for lands located in the vicinity of Anvik, Alaska, within:

This notice publishes the Poarch Band of Creek Indians Alcoholic Beverage Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Poarch Band of Creek Indians' Reservation. The land is located on trust land and this Ordinance allows for the possession and sale of alcoholic beverages within the Poarch Band of Creek Indians' Reservation and will increase the ability of the tribal government to control the tribe's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.

This document corrects the notice that was published in the Federal Register on February 15, 2006, 71 FR 8309, as follows:

Pinsto, Inc. (Permittee) has applied for renewal of an incidental take permit (ITP) from the Fish and Wildlife Service (Service) under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). Like the existing permit, the proposed renewed ITP would allow take of the bald eagle (Haliaeetus leucocephalus), a federally listed threatened species, incidental to residential development. Destruction of the nest or the tree in which the nest is located is not requested by the Permittee. Rather, the proposed incidental take may occur as a result of harm or harassment to the eagles resulting from residential construction activities in the vicinity of the nest. The Service announces availability of the ITP application and the habitat conservation plan (HCP) for public comment.

Minerals Management Service (MMS), in accordance with Federal Regulations that implement the National Environmental Policy Act (NEPA), announces the availability of NEPA-related Site-Specific Environmental Assessments (SEA) and Findings of No Significant Impact (FONSI), prepared by MMS for the following oil and gas activities proposed on the Gulf of Mexico OCS.

We, the U.S. Fish and Wildlife Service (Service), announce a public meeting on American ginseng (Panax quinquefolius). This meeting will help us gather information from the public in preparation for our 2006 findings on the export of American ginseng roots, for the issuance of permits under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Under the provisions of the National Environmental Policy Act of 1969, the National Park Service (NPS) is preparing an environmental impact statement for a Dog Management Plan for Golden Gate National Recreation Area (GGNRA). The purpose of the Dog Management Plan is to provide clear, enforceable guidelines to determine the manner and extent of dog-walking use in appropriate areas of the park. The objectives are to protect and preserve natural and cultural resources; provide a variety of visitor experiences; improve visitor and employee safety; reduce user conflicts; and to maintain park resources and values for future generations. The Dog Management Plan will also address public desire to walk dogs off-leash in certain areas of GGNRA. Background: A dog management plan is needed at this time because the existing NPS regulation governing dogs in parks, codified at 36 CFR 2.15, has not been effective in resolving longstanding, controversial resource management and public use conflicts and safety issues at GGNRA. If no action is taken, GGNRA resources and values could be compromised to the extent that areas of the park may not be available for enjoyment by future generations. A history of a dog management policy that has been inconsistent with NPS regulations has resulted in controversy and litigation, compromised visitor and employee safety, affected visitor experience and resulted in resource degradation. The conflicts will likely escalate if not addressed in a comprehensive dog management plan. In order to implement a dog management plan that may allow off- leash dog walking, a special federal regulation would need to be promulgated governing dog walking in GGNRA. Largely because of intense public interest and debate regarding dog walking, GGNRA has decided to use a negotiated rulemaking process to reach consensus on a proposed regulation for the management of dogs within the park. Although each process has its own separate legal requirements, the negotiated rulemaking process will run concurrently with the preparation of the EIS in order to facilitate informed decision-making. GGNRA intends to create a Negotiated Rulemaking Committee, consistent with the Negotiated Rulemaking Act and the Federal Advisory Committee Act, made up of representatives of interest groups that could be affected by a change to the current regulation governing dogs. The Negotiated Rulemaking Committee will negotiate to reach consensus on concepts and language to use as the basis for a special regulation for dog management at GGNRA. If the Committee reaches a consensus on most or many issues, that consensus would be incorporated into one or more alternatives in the Draft EIS and if selected, would ultimately become the basis of a special regulation for dog-walking within GGNRA. Scoping Process: To be most helpful to the scoping process necessary to inform preparation of the dog management plan and Draft EIS, comments regarding the scope of the plan/EIS, relevant environmental information, or issues or concerns are encouraged. All comments must be postmarked or transmitted not later than 30 days after publication of this notice in the Federal Register; immediately upon confirmation of this date it will be announced on the park's Web site (https://www.nps.gov/goga). The NPS intends to conduct public scoping meetings in the GGNRA area in early 2006. Please check the park's Web site, the NPS planning, environment, and public comment (PEPC) Web site (https://parkplanning.nps.gov/goga), or telephone the GGNRA Negotiated Rulemaking Information Line (415) 561-4728 for current information on when and where these meetings will be held. To request a sign language interpreter for a meeting, please call Mike Feinstein at (415) 561-4733 a week in advance of the meeting. Regularly updated information regarding this project can be found on the GGNRA and PEPC websites, and will be available for public review at the park's visitor centers at Fort Mason, Pacifica, Presidio, Marin Headlands and Muir Woods. A public scoping brochure that further explains the purpose, needs, issues, and objectives of the plan/EIS will also be available before the meetings. Copies of the brochure will be sent to those on the Dog Management Plan mailing list, or may be obtained on the GGNRA or PEPC websites, or at the GGNRA visitor centers at Fort Mason, Presidio, Pacifica, Marin Headlands and Muir Woods. All interested individuals and organizations may submit comments online through the PEPC website (https://parkplanning.nps.gov/goga). Click on ``Golden Gate National Recreation Area Dog Management Plan'' and follow the instructions on the website. Detailed written comments may also be sent to the attention of the Superintendent, GGNRA, Fort Mason, Building 201, San Francisco, CA 94123. Please note that names and addresses of people who comment become part of the public record. If individuals commenting request that their name and/or address be withheld from public disclosure, it will be honored to the extent allowable by law. Such requests must be stated prominently in the beginning of the comments. There also may be circumstances wherein the NPS will withhold from the record a respondent's identity, as allowable by law. As always: The NPS will make available to public inspection all submissions from organizations or businesses and from persons identifying themselves as representatives or officials of organizations and businesses; and, anonymous comments may not be considered. When using PEPC to comment, if you would like your name and/or address withheld from the public record but would like to receive future mailings on the project, you may fill in the name and address field, and mark ``keep my contact information private''. If you do not want to receive any additional information on the project in the future and are only using PEPC to comment, you may put N/A in the name and address field. Decision Process: At this time it is anticipated that the draft plan/EIS will be made available for public review in late fall, 2006. Availability of the draft document will be formally announced through the publication of a Notice of Availability in the Federal Register, as well as through local and regional news media, the GGNRA and PEPC websites, and direct mailing to the project mailing list. Public meetings on the draft plan/EIS will also be held following its release; as soon as dates and locations are determined these will be announced via local and regional press and direct mailings. As a delegated EIS, the official responsible for approval of the Record of Decision is the NPS Regional Director, Pacific West Region; subsequently the official responsible for implementation is the Superintendent, Golden Gate National Recreation Area.

We (the U.S. Fish and Wildlife Service) have updated information on nesting of American peregrine falcons (Falco peregrinus anatum) in the western United States and have determined the allowed take of nestlings in 12 western States in 2006.

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Roger E. Canter and CS Oil and Gas, Ltd. of noncompetitive oil and gas lease WYW64845 for lands in Fremont County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

We, the U.S. Fish and Wildlife Service, publish a followup document to our proposed rule to implement the Captive Wildlife Safety Act (CWSA), which published in the Federal Register on January 31, 2006. We want to remind the public that the addresses for comments on the proposed rule are different from the addresses for comments on the information collection aspects of the proposed rule.

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) Idaho Falls District Resource Advisory Council (RAC), will meet as indicated below.

The Bureau of Reclamation is announcing a 30-day extension of the public comment period for the Red River Valley Water Supply Project DEIS. The originally announced comment period ends on February 28, 2006, but has been extended until March 30, 2006. The original notice of availability of the DEIS, notice of public hearings, and additional information on the Red River Valley Water Supply Project were published in the Federal Register on December 30, 2005 (70 FR 250, 77425-77427).

The purpose of this notice is to solicit nominations for the vacant elected official seat on the Bureau of Land Management's Alaska Resource Advisory Council. The council provides advice and recommendations to BLM on management of public lands in Alaska.