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

We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the California spotted owl (Strix occidentalis occidentalis) under the Endangered Species Act of 1973, as amended. After reviewing the best available scientific and commercial information, we find that the petitioned action is not warranted. However, we will continue to seek new information on the biology of the species as well as potential threats. We ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the species. This information will help us monitor the status of this species.

The U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare a Comprehensive Conservation Plan (CCP) and associated environmental documents for Sullys Hill National Game Preserve (NGP) located in Devils Lake, North Dakota. The Service is issuing this notice in compliance with its policy to advise other organizations and the public of its intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.

Pursuant to Public Law 106-148, the NCGMP Advisory Committee will meet in Room 7000A of the Main Interior Building, 1849 C. Street, NW., Washington, DC. The Advisory Committee, composed of scientists from Federal Agencies, State Agencies, academic institutions, and private companies, will advise the Director of the U.S. Geological Survey on planning and implementation of the geologic mapping program. Topics to be reviewed and discussed by the Advisory Committee include the: Progress of the NCGMP towards fulfilling the purposes of the National Geological Mapping Act of 1992. Updates on the Federal, State, and educational components of the NCGMP. Report from the Subcommittee on a implementation plan for the National Geological and Geophysical Data Preservation Program.

MMS is seeking comments on how to improve our regulatory approach to safety and environmental management systems (SEMS) for operations conducted in the OCS. The various approaches for SEMS include voluntary and mandatory implementation of partial and full SEMS. In addition, the MMS is seeking comments on a regulatory scheme that would allow companies with outstanding performance records to operate under an alternative compliance program. MMS is investigating ways to develop an improved regulatory program that is more efficient and responsive to evolving conditions.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing the withdrawal of 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 and additions of regulations regarding coal combustion by-products and coal combustion products. Texas intended to revise its program to clarify how the use and disposal of coal combustion by-products and coal combustion products are regulated at coal mine sites in Texas. By letter dated April 11, 2006, Texas withdrew the amendment at its own initiative.

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

The National Park Service published a document in the Federal Register of March 31, 2006, concerning the proposed National Natural Landmark Designation for the Irvine Ranch Land Reserve, CA which will be considered for recommendation at the June National Park System Advisory Board Meeting. The document contained an incorrect date and location.

In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management Eastern Washington Resource Advisory Council will meet as indicated below.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

The Bureau of Land Management (BLM) proposes to sell a 1.556 acre triangular parcel of public land in the northwest portion of the Las Vegas Valley, Nevada, to the owner of lands adjoining two sides of the parcel. The third side is bounded by a street right-of-way. The adjoining private owner has requested that the parcel be sold to him by direct sale at not less than the appraised market value of the land.

In accordance with the Federal Land Transaction Facilitation Act of 2000 (43 U.S.C. 2303) (FLTFA), this notice provides the public the opportunity to nominate inholding properties within the States of Oregon and Washington for possible acquisition by the Federal agencies identified below.

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's (BLM) Utah Resource Advisory Council (RAC) will meet as indicated below.

The State of Alaska has filed applications for recordable disclaimers of interest in certain lands underlying the Nabesna River and the Chisana River in Alaska by the United States.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR part 204Alternatives for Marginal Properties, subpart CAccounting and Auditing Relief. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. This ICR is titled ``30 CFR part 204Alternatives for Marginal Properties, Subpart C Accounting and Auditing Relief.'' This ICR covers the regulatory language under 30 CFR part 204, as published in the Accounting and Auditing Relief for Marginal Properties final rule on September 13, 2004 (69 FR 55076). This citation explains how lessees and their designees can obtain accounting and auditing relief for production from Federal oil and gas leases and units and communitization agreements that qualify as marginal properties.

This order partially revokes a Public Land Order insofar as it affects approximately 3,613 acres of public lands within national forests, which were withdrawn for Forest Service recreation areas and administrative sites.

We, the U.S. Fish and Wildlife Service (the Service) are extending the comment for the proposed rule re-opening the public comment period on the proposal to remove the bald eagle from the List of Threatened and Endangered Wildlife under the Endangered Species Act. We are also extending the comment period on the proposed rule to establish a regulatory definition of ``disturb'' under the Bald and Golden Eagle Protection Act, and on the draft National Bald Eagle Management Guidelines via two additional notices published separately in today's issue of the Federal Register. Comments previously submitted need not be resubmitted as they have been incorporated into the public record and will be fully considered in the final decision and rule.

The Energy Policy Act of 1992 (the Act) (Pub. L. 102-486) requires that the Secretary of the Interior administer a Federal program to regulate coalbed methane development in states where coalbed methane development has been impeded by disputes or uncertainty over ownership of coalbed methane gas. As required by the Act, the Department of the Interior, with the participation of the Department of Energy, developed a List of Affected States to which this program would apply (58 FR 21589, April 22, 1993). Section 1339 of the Act provides three mechanisms by which a state may be removed from the List of Affected States. The List of Affected States is currently comprised of the States of Kentucky and Tennessee. Section 387 of the Energy Policy Act of 2005 (Pub. L. 109-58) provided a three-year period for state action to seek removal from the List of Affected States, including action taken prior to enactment of that Act (August 8, 2005). In 2004, the Kentucky General Assembly passed and the Governor signed a coalbed methane law, codified as Chapter 349 of Kentucky Revised Statutes. The law created a state authority and procedures to facilitate coalbed methane development. It further explicitly sought, in subsection 349.005(4)(e), deletion of Kentucky from the List of Affected States. We find that this Kentucky statute fulfills two of the Act's Section 1339 removal standards: (a) A law requesting removal and (b) a law permitting and encouraging the development of coalbed methane. Therefore, the State of Kentucky is officially removed from the List of Affected States.

Cedar City and the Paiute Tribe of Utah (Applicants) have applied to the U.S. Fish and Wildlife Service (Service) for incidental take permits pursuant to section 10(a)(1)(B) of the Endangered Species Act (ESA) of 1973, as amended. The requested permits, which are for a period of 20 years, would authorize incidental take of the Utah prairie dog (UPD) (Cynomys parvidens), a species federally-listed as threatened. The proposed take would occur as a result of maintenance of the Cedar City Golf Course and Paiute Tribal recreational grounds in Cedar City, Utah. We also announce the availability of a draft Environmental Assessment (EA) and a draft Habitat Conservation Plan (HCP) for public review and comment. The Service requests comments from the public on the permit application, EA, and HCP. The permit application includes the proposed HCP and associated draft Implementation Agreement. The HCP describes the proposed action and the measures the Applicants will undertake to minimize and mitigate to the maximum extent practicable the take of UDP. All comments on the EA, HCP, and permit application will become part of the administrative record and will be available to the public. A determination of whether jeopardy to the species will occur, a Finding of No Significant Impact, and/or issuance of the incidental take permits, will not be made before 60 days from the date of publication of this notice. This notice is provided pursuant to section 10(c) of the ESA and National Environmental Policy Act regulations (40 CFR 1506.6).

Debra Jorden and Edward Webster (Applicants) each request an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants anticipate taking a total of about 0.48 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging habitat incidental to lot preparation for the construction of two single-family homes and supporting infrastructure, each over a one-year term, in Brevard County, Florida (Projects). The destruction of 0.48 acre of foraging habitat is expected to result in the take of two families of scrub- jays. The Applicants' Habitat Conservation Plans (HCP) describe the mitigation and minimization measures proposed to address the effects of the Projects to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below.

We announce our receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species.