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

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for the California red-legged frog (Rana aurora draytonii) pursuant to the Endangered Species Act of 1973, as amended (Act). We are further finalizing a special rule associated with final listing of the California red-legged frog as threatened for existing routine ranching activities pursuant to section 4(d) of the Act. In total, approximately 450,288 acres (ac) (182,225 hectares (ha)) fall within the boundaries of the critical habitat designation. The critical habitat is located in Alameda, Butte, Contra Costa, El Dorado, Kern, Los Angeles, Marin, Merced, Monterey, Napa, Nevada, San Benito, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Ventura and Yuba counties, California.

The U.S. Fish and Wildlife Service (Service) announces the availability of the Draft Recovery Plan for the Chiricahua Leopard Frog (Draft Recovery Plan) for public review. The species occurs in montane and river valley cienegas, springs, pools, cattle tanks, reservoirs, streams, and rivers in central and southeastern Arizona, west-central and southwestern New Mexico, and the sky islands and Sierra Madre Occidental of northeastern Sonora and western Chihuahua, Mexico, at elevations of approximately 3,000-9,000 feet. The Draft Recovery Plan recommends actions to lessen and alleviate threats to the species, and presents objective and measurable delisting criteria. The Service solicits review and comment from the public on this Draft Recovery Plan.

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 COC64227 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.

We, the U.S. Fish and Wildlife Service, announce the initiation of a 5-year review of 70 species under section 4(c)(2)(B) of the Endangered Species Act (Act). The purpose of a 5-year review is to ensure that the classification of a species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants is accurate and consistent with the best scientific and commercial data currently available. We are requesting submission of any such information that has become available since the original listing of each of the 70 species identified in Table 1 below. Based on the results of these 5- year reviews, we will determine whether any species should be proposed for removal from the list or its listing status should be changed pursuant to section 4(c)(2)(B) of the Act.

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.

The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for D'Arbonne 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. Significant issues addressed in the draft plan include: Bottomland hardwood forest management and restoration, integrity of mixed pine and hardwood forests, invasive plants, waterfowl management, neotropical migratory birds, species of concern, and level of visitor services.

The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan and Finding of No Significant Impact for Crocodile Lake 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.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Cirsium hydrophilum var. hydrophilum (Suisun thistle) and Cordylanthus mollis ssp. mollis (soft bird's-beak) pursuant to the Endangered Species Act of 1973, as amended (Act). Approximately 2,119 acres (ac) (857 hectares (ha)) fall within the boundaries of the proposed critical habitat designation for C. hydrophilum var. hydrophilum in Solano County, California, and approximately 2,313 ac (936 ha) for C. mollis ssp. mollis in Contra Costa, Napa, and Solano Counties, California.

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 COC64115 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.

The original notice of intent to prepare this EIS was published in the Federal Register on March 6, 2006 (71 FR 43, 11226- 11227). This notice is being published to notify interested parties of the dates, times and locations of the public scoping meetings scheduled to solicit public comments. These public scoping meetings will be conducted in an open-house format with displays and Reclamation representatives who will be available for visitation or to accept a written comment. Reclamation is engaging in this planning and EIS effort to address the relevant issues related to completion and operation of the NAWS Project. We are seeking input from the public on the development of reasonable alternatives to the proposed action and analysis of their environmental effects that will be described in the EIS. Reclamation invites all interested parties to submit verbal or written comments related to the significant issues, potential impacts and reasonable alternatives to the proposed action during the scoping period.

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 254, ``Oil-Spill Response Requirements for Facilities Located Seaward of the Coast Line.''

In response to an application from the Nevada Department of Wildlife (Applicant), the Fish and Wildlife Service (we, the Service) is considering issuance of an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed programmatic Safe Harbor Agreement (SHA) between the Applicant and the Service. The proposed SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities to enhance the reintroduction and recovery of Lahontan cutthroat trout (Oncorhynchus clarki henshawi) within the Humboldt River Distinct Population Segment and the Interior Basin areas in Nevada. The proposed duration of both the SHA and permit is 50 years. The Service has made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this determination is contained in an Environmental Action Statement, which also is available for public review.

The MMS requests comments and suggestions to assist us in proposing regulations regarding so-called ``takes versus entitlements'' reporting and payment of royalties when oil and gas production is commingled upstream of the point of royalty measurement.

The proposed rulemaking establishes special regulations for Dry Tortugas National Park. The proposed rule implements the act which established Dry Tortugas National Park and abolished Fort Jefferson National Monument. This proposed rule also implements provisions for visitor use and resource protection identified in the 2000 Final General Management Plan Amendment/Environmental Impact Statement for Dry Tortugas National Park, and the July 27, 2001 Record of Decision. This rulemaking complies with legislative mandates for protection of park resources in a unique and predominantly pristine ecosystem, and provides consistency with State fishing rules. This proposed rule would: (1) Remove obsolete regulations established for Fort Jefferson National Monument; (2) protect, monitor, and study the region's recognized importance to fisheries habitats by limiting the area, extent, and methods of recreational fishing within portions of the park's boundaries by implementing a Research Natural Area (RNA); (3) clarify the authority of the superintendent to regulate fishing, boating, and permitted activities, specifically in established management zones including the RNA; and establish a permit system for research and recreational users; (4) strengthen protection of nationally significant coral reef and other marine resources by regulating vessel operation, anchoring and human activity; (5) provide enhanced protection for shipwrecks consistent with state and federal law; and (6) provide for greater protection of water quality by restricting discharges into the water of the park. Definitions have also been added to clarify terminology.

This order revokes a Bureau of Reclamation Order and 3 Secretarial Orders in their entireties, as they affect approximately 7,955 acres of lands withdrawn for the Bureau of Reclamation's Carlsbad and Rio Grande Projects. The lands have either been conveyed out of Federal ownership or are no longer needed for project purposes. This order also opens 0.106 acre to sale or exchange.

The U.S. Fish and Wildlife Service has prepared, and proposes to make available for use by the public for a term of seven years, a combined Habitat Conservation Plan and Environmental Assessment (HCP/ EA) that addresses incidental take of the threatened Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) that would result from residential, commercial, industrial, and similar development activities on properties one acre or smaller in size located in urban areas. The Service anticipates that the HCP/EA will act as an ``umbrella'' document for qualifying landowners who might need an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act (Act) on an estimated total of 14,928 acres of scrub-jay foraging, sheltering, and nesting habitat throughout 34 counties. The HCP portion of this document identifies minimization and mitigation measures that will be required of individual landowners wishing to participate under the umbrella HCP/EA. A more detailed description of the mitigation and minimization measures required pursuant to section 10 of the Act is provided in the HCP/EA and in the SUPPLEMENTARY INFORMATION section below.

The following permit was issued.

Small Family Investments, Ltd. (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). The requested permit, which is for a period of 12 years, includes a draft Safe Harbor Agreement (SHA) for the endangered Houston toad (Bufo houstonensis) in Bastrop County, Texas. We invite the public to review and comment on the permit application and the associated SHA.

The County of Volusia, Environmental Management Division (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 two families of Florida scrub- jays (Aphelocoma coerulescens) (scrub-jay) over the requested 30-year permit term as a result of the destruction of 1.9 acres of foraging, sheltering, and possible nesting habitat, incidental to land clearing for the expansion of the Deltona Regional Library and supporting infrastructure in Volusia 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. We announce the availability of the ITP application and HCP and an environmental assessment.

This notice publishes the Confederated Tribes of the Umatilla Indian Reservation Tribal Liquor Code (Code). The Code regulates and controls the possession, sale and consumption of liquor within the Confederated Tribes of the Umatilla Indian Reservation. The Reservation is located on trust land and this Code allows for the possession and sale of alcoholic beverages within the exterior boundaries of the Confederated Tribes of the Umatilla Indian Reservation. This Code will increase the ability of the tribal government to control the community'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.

The Bureau of Indian Affairs (BIA) owns, or has an interest in, irrigation facilities located on various Indian reservations throughout the United States. We are authorized to establish rates to recover the costs to administer, operate, maintain, and rehabilitate those facilities. We are notifying you that we have adjusted the irrigation assessment rates at several of our irrigation facilities for operation and maintenance.

This notice announces the intent to hold a Resource Advisory Council (RAC) meeting in the Twin Falls District of Idaho on Tuesday, May 9, 2006. The meeting will be held at the Red Lion Canyon Springs Hotel, 1357 Blue Lakes Boulevard, in Twin Falls, Idaho.

The fourth meeting of the third Charter period will be held on April 19 (8 a.m. to 5 p.m.) April 20 (8 a.m. to 5 p.m.) and April 21 (8 a.m. to Noon), 2006, at The Watergate Hotel, 2650 Virginia Avenue, NW., Washington, DC 20037. The Committee, comprised of 15 members from academia, industry, government, information science, natural science, social science, and policy/law, will provide the Department of the Interior and USGS management with advice and consultation on defining and accomplishing the NSLRSDA's archiving and access goals to carry out the requirements of the Land Remote Sensing Policy Act; on priorities of the NSLRSDA's tasks; and, on issues of archiving, data management, science, policy, and public-private partnerships. Topics to be reviewed and discussed by the Committee include determining the content of and upgrading the basic data set as identified by the Congress; metadata content and accessibility; product characteristics; availability, and delivery; and, archiving, data access, and distribution policies. Agenda will be finalized at the beginning of the meeting. The meeting is open to all members of the interested public and time on the agenda has been reserved at the conclusion of each day's work for the Committee to receive verbal comments (limited to 5 minutes per person) from the public. To speak before the Committee, please register in advance with Mr. John Faundeen (see contact information below), the USGS Designated Federal Official (DFO) for the Committee.