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

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period for the reinstated proposed rule to list the flat-tailed horned lizard (Phrynosoma mcallii) as a threatened species pursuant to the Endangered Species Act of 1973, as amended (Act). On November 17, 2005, the U.S. District Court for the District of Arizona vacated the January 3, 2003, withdrawal of the proposed rule to list the flat-tailed horned lizard, remanded the matter to us for further consideration in accordance with its August 30, 2005, and November 17, 2005, orders, and ordered us to make a new listing decision. Pursuant to the Court's November 17, 2005, order, on remand we ``need only address the matters on which the court's August 30, 2005, Order * * * found the January 3, 2003, Withdrawal unlawful, which may summarily be identified as whether the lizard's lost historical habitat renders the species in danger of extinction in a significant portion of its range.'' To ensure our new final listing decision is based on the best scientific and commercial data currently available, we are reopening the public comment period on the 1993 proposed listing rule to solicit information and comment regarding the flat- tailed horned lizard's lost historical habitat.

We, the U.S. Fish and Wildlife Service (Service), are proposing special regulations under the authority of section 4(d) of the Endangered Species Act (Act) of 1973, as amended, that would promote the conservation of the Pacific Coast distinct population segment (DPS) of western snowy plover (Charadrius alexandrinus nivosus). We seek comment on our proposed rule from the public and other agencies, and welcome suggestions regarding the scope and implementation of a special 4(d) rule.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of a Draft Environmental Impact Statement for the Elk and Vegetation Management Plan for Rocky Mountain National Park, Colorado.

The Bureau of Reclamation (Reclamation), the Federal agency responsible for operation of the Navajo Unit (Navajo Dam and Reservoir) has prepared and made available to the public a final environmental impact statement (FEIS) pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA), as amended, 42 United States Code (U.S.C.) 4332.

The following Water Management Plans are available for review: Ivanhoe Irrigation District. Terra Bella Irrigation District. Stone Coral Irrigation District. Saucelito Irrigation District. Exeter Irrigation District. San Luis Water District. To meet the requirements of the Central Valley Project Improvement Act of 1992 (CVPIA) and the Reclamation Reform Act of 1982, the Bureau of Reclamation has developed and published the Criteria for Evaluating Water Management Plans (Criteria).

This notice announces a meeting of the Aquatic Nuisance Species (ANS) Task Force. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.

Michael Perez and Cynthia Perez (Applicants) request an incidental take permit (ITP) for a two-year term pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants anticipate the removal of about 0.22 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 Applicants' 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.

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

The Bureau of Land Management (BLM) proposes to sell by public auction 72 parcels of Federal public land, aggregating approximately 705.235 acres, more or less, in the Las Vegas Valley, Nevada. The sale will be under the authority of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2343), as amended by Title IV of the Clark County Conservation of Public Land and Natural Resources Act of 2002 (116 Stat. 1994) (SNPLMA). The SNPLMA sale will be subject to the applicable provisions of Sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1713 and 1719), and BLM land sale and mineral conveyance regulations at 43 CFR parts 2710 and 2720. The sale will be conducted in Las Vegas, Nevada, on August 2, 2006, using competitive bidding procedures under the regulations, at not less than the appraised fair market value (FMV) of each parcel.

The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan and Finding of No Significant Impact for Cameron Prairie National Wildlife Refuge are available for distribution. The plan was prepared pursuant to the National Wildlife Refuge system Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, and describes how the refuge will be managed for the next 15 years. The compatibility determinations for (1) recreational fishing; (2) recreational hunting; (3) wildlife observation and wildlife photography; (4) environmental education and interpretation; (5) commercial alligator harvest; (6) commercially guided wildlife viewing, wildlife photography, and environmental education and interpretation; (7) research and monitoring; (8) commercial video and photography; (9) adjacent property access; and (10) beneficial use of dredge material are also included in the plan.

We, the Fish and Wildlife Service, propose to revise the regulations that implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty that regulates international trade in certain protected species. The United States was one of the original signatories to CITES, which has been in effect since July 1, 1975. CITES uses a system of permits and certificates to help ensure that international trade is legal and does not threaten the survival of wildlife or plant species in the wild. Since the existing regulations were finalized, the CITES Conference of the Parties (CoP) has held a number of meetings where resolutions have been adopted. The Parties adopt resolutions as a means of standardizing interpretation and implementation of the provisions of the Treaty. On May 8, 2000, we proposed a revision of the regulations to incorporate applicable resolutions, as appropriate, adopted through the tenth meeting of the Conference of the Parties to CITES (CoP10). This new proposal includes consideration of the comments received in response to the 2000 proposal and incorporates appropriate resolutions adopted at CoP11 through CoP13. Revised regulations will help us more effectively promote species conservation, continue to fulfill our responsibilities under the Treaty, and help those affected by CITES to understand how to conduct lawful international trade in CITES species.

The following permits were issued.

In accordance with the Paperwork Reduction Act of 1995, this notice announces that the Bureau of Reclamation (Reclamation) is seeking a renewal of the following information collection: Diversions, Return Flow, and Consumptive Use of Colorado River Water in the Lower Colorado River Basin, OMB No. 1006-0015. 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.

In accordance with the Federal Advisory Committee Act, the Fish and Wildlife Service announces a meeting designed to foster partnerships to enhance public awareness of the importance of aquatic resources and the social and economic benefits of recreational fishing and boating in the United States. This meeting, sponsored by the Sport Fishing and Boating Partnership Council (Council), is open to the public, and interested persons may make oral statements to the Council or may file written statements for consideration.

This final rule revises the MMS requirements for reporting incidents associated with Outer Continental Shelf (OCS) oil and gas and sulphur operations. The revisions will clarify the requirements, and provide more precise definitions and reporting timeframes. This will result in a more consistent incident reporting program and the collection of more reliable incident information.

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 of oil and gas lease COC64230 from Elm Ridge Exploration Company, LLC for lands in Moffat County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

In accordance with procedures for implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370d), this notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare a Federal environmental document (environmental assessment or environmental impact statement) for the proposed Farallon National Wildlife Refuge Restoration Project. This document will examine alternatives for eradicating non-native house mice on the South Farallon Islands (SFI) as a means of restoring populations of, and protecting native seabirds, insects and coastal plants, some of which are rare and declining due to the presence of non-native species. In addition, the Service proposes to implement preventative actions to keep non-native mammals from re- establishing on the SFI, and respond to any future re-introductions. The project would take place on Southeast Farallon Island (SEFI) and West End (WE) which together comprise the South Farallon Islands, and are located in San Francisco County, California. The South Farallon Islands are included in the Farallon National Wildlife Refuge which is managed by the Service. The Service is furnishing this notice in order to: (1) Advise other federal, state, and local agencies, and the public of our intentions; (2) announce the initiation of a 45-day public scoping period; and (3) obtain suggestions and information on the scope of issues to be included in the environmental document.

We, the Fish and Wildlife Service (Service), under the authority of the Endangered Species Act of 1973 (Act), as amended, have determined that it is appropriate to remove the Arizona distinct population segment (DPS) of the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (pygmy-owl) from the Federal List of Endangered and Threatened Wildlife and, accordingly, also remove designated critical habitat for this DPS found in the Code of Federal Regulations (CFR) at 50 CFR 17.95. Additionally, we are withdrawing the proposed rule to designate new critical habitat for the Arizona DPS of the pygmy-owl (67 FR 7103, November 27, 2002). The Arizona DPS of the pygmy-owl was listed as endangered on March 10, 1997 (62 FR 10730), and critical habitat was designated on July 12, 1999 (64 FR 37419). On January 9, 2001, a coalition of plaintiffs filed a lawsuit with the District Court of Arizona challenging the validity of our listing of the pygmy-owl as a DPS and the designation of its critical habitat. After the District Court remanded the designation of critical habitat (National Association of Home Builders et al. v. Norton, Civ.-00-0903- PHX-SRB), we proposed a new critical habitat designation on November 27, 2002 (67 FR 7103). Ultimately, as a result of this lawsuit, the United States Court of Appeals for the Ninth Circuit issued an opinion on August 19, 2003, stating that ``the FWS acted arbitrarily and capriciously in designating the Arizona pygmy-owl population as a DPS under the DPS Policy'' (National Association of Homebuilders v. Norton, 340 F.3d 835, 852 (9th Cir. 2003)). In light of the Ninth Circuit's opinion, we have reassessed the application of the DPS significance criteria to the Arizona population of the pygmy-owl. Based on a review of the available information and science, the public comments received during the public comment period, and our DPS policy, we do not believe that the Arizona DPS of the pygmy-owl qualifies as an entity that can be listed under the Act.

The Operating Engineers Local Union No. 3 Joint Apprenticeship Training Committee has submitted a written proposal to the Bureau of Land Management (BLM) to utilize portions of the following described lands in Yuba County, California for the purposes of constructing and operating a training facility for heavy equipment operators:

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 of oil and gas lease COC64228 from Elm Ridge Exploration Company, LLC for lands in Moffat County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

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 Doyon, Limited. The lands are located in the vicinity of Minto, Alaska, are within:

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed rule to determine threatened status and to designate critical habitat for Penstemon grahamii (Graham's beardtongue) under the Endangered Species Act of 1973 as amended (Act). Reopening the public comment period will allow an additional opportunity for interested parties to comment on the proposed rule. Comments previously submitted on the proposed rule need not be resubmitted as they have already been incorporated into the public record and will be fully considered in any final decision. We will also hold a public hearing on the proposed rule.

The plats of survey of the following described land will be officially filed in the Colorado State Office, Bureau of Land Management, Lakewood, Colorado, effective 10 a.m., April 4, 2006. All inquiries should be sent to the Colorado State Office (CO-956), Bureau of Land Management, 2850 Youngfield Street, Lakewood, Colorado 80215- 7093. The Plat (in two sheets) and field notes, of the dependent resurvey and surveys in Township 47 North, Range 4 West, New Mexico Principal Meridian, Colorado, requested by the Bureau of Indian Affairs, in order to identify the boundary of the Ute Mountain Ute lands for management purposes, was accepted October 3, 2005. The Supplemental Plat of Township 43 North, Range 7 West, New Mexico Principal Meridian, Colorado, creating Tract 51, in unsurveyed T. 43 N., R. 7 W., N.M.P.M., requested by the USFS, was accepted October 11, 2005. The Supplemental Plat of Township 1 North, Range 71 West, Section 17, Sixth Principal Meridian, Colorado, which amends the erroneously numbered lot 107, as shown on the supplemental plat approved November 29, 1932, to lot 156, is based upon the supplemental plat approved November 29, 1932 and the dependent resurvey plat approved November 16, 1942, and was accepted November 1, 2005. The Supplemental Plat of Township 43 North, Range 10 West, New Mexico Principal Meridian, Colorado, creates new lots 4 through 9, in the SW\1/4\ of Sec. 25. This was requested by the U.S. Forest Service, Grand Mesa, Uncompahgre and Gunnison National Forests, in a letter dated October 17, 2005, in order to facilitate a transfer of lands, with the Telluride Regional Airport Authority, and was accepted November 1, 2005. The Plat which includes the field notes, and is the entire record of this resurvey, of the survey of Section 13, in Township 40 North, Range 13 West, New Mexico Principal Meridian, Colorado, requested by the USFS to assist with the completion of a land exchange, was accepted December 19, 2005. The Supplemental Plat of a portion of section 7, and the supplemental plat of a portion of section 20 in Township 1 North, Range 71 West, and the supplemental plat of a portion of section 24 in Township 1 North, Range 72 West, all of the Sixth Principal Meridian, Colorado, requested by the Canon City Field Office Land Surveyor by memorandum dated November 8, 2005, were accepted January 18, 2006. The Plat and field notes, of the dependent resurvey and surveys in Township 48 North, Range 3 West, New Mexico Principal Meridian, Colorado, requested by the Bureau of Indian Affairs, in order to identify the boundary of Ute Mountain Ute lands for management purposes, was accepted January 25, 2006. The Plat and field notes, of the dependent resurvey and surveys in Sec. 24, township 49 North, Range 2 West, New Mexico Principal Meridian, Colorado, requested by the Chief of Resource Stewardship and Science, Curecanti National Recreation Area, National Park Service, in order to facilitate an exchange of the sub-surface rights to a parcel of land within the Dickerson Gravel Pit, was accepted February 15, 2006. The Plat and field notes, of the dependent resurvey and surveys in Section 4, Township 48 North, Range 4 West, New Mexico Principal Meridian, Colorado requested by a private party, through the National Park Service, by a proffer of monetary contribution dated March 25, 2005, to identify the north, south and west boundary of private Lot 11, in Section 4, T. 48 N., R. 4 W., was accepted February 21, 2006. The Plat which includes the field notes, and is the entire record of this resurvey, in Township 35 North, Range 18 West, New Mexico Principal Meridian, Colorado, requested by the BIA through the Ute Mountain Tribe, to identify lost corners and post boundaries of Ute Mountain Ute lands, was accepted March 16, 2006. The Plat, and field notes, of the dependent resurvey in Section 9, Township 11 South, Range 70 West, Sixth Principal Meridian, Colorado requested by the Land Surveyor, Pike and San Isabel National Forests, in order to identify National Forest boundaries for a proposed timber sale in conjunction with the Hayman Fire Rehabilitation Project, was accepted March 17, 2006. The Plat, and field notes of the metes-and-bounds survey in Township 5 South, Range 74 East, Sixth Principal Meridian, Colorado requested by the USFS, in a memorandum dated February 8, 2000, in conjunction with the City of Denver, Mountain Parks and Recreation Division, in order to facilitate the location of the boundaries of both agencies intermingled boundaries, and to further facilitate a land transaction between the two agencies, was accepted March 24, 2006.