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

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Bureau of Indian Affairs is submitting an information collection request to the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs for clearance and extension. The information collection, Tribal Reassumption of Jurisdiction over Child Custody Proceedings, is cleared under OMB Control Number 1076-0112 through May 31, 2006.

In accordance with section 102(2)(c) of the National Environmental Policy Act of 1969 and regulations at 40 CFR parts 1500- 1508, the Bureau of Land Management (BLM), Elko Field Office, has prepared a Final EIS on the effects of three multiple use decisions on sensitive avian species in Elko County, Nevada.

Notice is given that the boundary of the Cape Cod National Seashore has been revised pursuant to the Act specified below, to encompass lands depicted on the map prepared by the National Park Service entitled ``Cape Cod National Seashore Boundary Revision Map'', dated May 1997, and numbered 609/80,801. The revision to the boundary includes tract 04-1081 as depicted on the map.

Notice is hereby given in accordance with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332 and Council on Environmental Quality regulation 40 CFR 1506.6, that the U.S. Department of the Interior, National Park Service (NPS), is preparing an EIS for an O&GMP for BISO and OBRI. The BISO/OBRI O&GMP/EIS will: Identify resources impacted by oil and gas operations, and provide a comprehensive framework to remedy the resulting environmental problems. Allow for exploration and development of the private mineral estate. Facilitate operator planning by setting park-specific operating standards. Provide educational outreach to operators, including guidance on the regulatory process for bringing operations into compliance with applicable legal requirements. Enhance coordination with State natural resource agencies to better manage and enforce oil and gas operations according to State standards. Evaluate the potential for NEPA streamlining for plugging and reclaiming orphaned or exhausted oil and gas operations. Evaluate public use of oil and gas access roads. Address visitor safety issues related to oil and gas operations. Provide for a range of reasonable alternatives for managing oil and gas operations, and assess potential impacts on park resoures such as threatened and endangered species, soils, wetlands, wildlife, cultural resources, and public safety, while allowing for the exercise of oil and gas rights. Provide the framework to achieve sound decision-making and resource protection at BISO and OBRI for the next 15 to 20 years. A scoping brochure will be available summarizing the purpose, need and objectives of the O&GMP/EIS. Copies of that information may be obtained by visiting the NPS public comment and planning Web site at https://parkplanning.nps.gov/biso, or from the Office of the Superintendent, Big South Fork NRRA, 4564 Leatherwood Road, Oneida, Tennessee 37841, telephone number 423-569-9778.

Pursuant to the terms of existing concession contracts, public notice is hereby given that the National Park Service has requested a continuation of visitor services for the following expiring concession contract for a period of 1 year until December 31, 2008.

The following described public land is determined suitable for classification for leasing or conveyance to the Faith Tabernacle Navajo Missions Church, Ojo Encino, New Mexico under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended (43 U.S.C. 869 et seq.). The Faith Tabernacle Navajo Missions Church proposes to use the land for a church with related buildings, and recreational facilities to serve the residents of the area.

The Bureau of Land Management (BLM) proposes to sell a 1.25 acre parcel of public land in the southwest portion of the Las Vegas Valley, Nevada, to the owner of lands adjoining the parcel. The adjoining private land owner has requested that the parcel be sold to him by non-competitive (direct) sale at not less than the appraised market value of the land.

The National Historic Oregon Trail Interpretive Center Advisory Board will meet June 20, 2006, 8 a.m. to 12 p.m. (PDT) at the Best Western Sunridge Inn, One Sunridge Way, Baker City, Oregon. Meeting topics will include a Center Update, Marketing, 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.

The MMS has received a request from Cape Wind Associates, LLC (CWA) for a lease, easement or right-of-way to construct and operate a wind park located in Federal waters 4.7 miles offshore Cape Cod, Massachusetts. The purpose of this project is to provide a utility- scale wind energy facility providing power to the New England power grid. By this document, the MMS announces: (1) Its intention to prepare an EIS; (2) commencement of a 45-day written scoping period under the National Environmental Policy Act (NEPA); and (3) invitation for participation by interested cooperating agencies.

The Fish and Wildlife Service, Southeast Region, intends to gather information necessary to prepare a comprehensive conservation plan and environmental assessment pursuant to the National Environmental Policy Act of 1969 and its implementing regulations. 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 purpose of this notice is to achieve the following: (1) Advise other agencies and the public of our intentions, and (2) Obtain suggestions and information on the scope of issues to include in the environmental document.

We (Fish and Wildlife Service, Service) plan to request that OMB renew approval for our information collection associated with the application for special use permits on national wildlife refuges in Alaska. The current OMB control number for this information collection is 1018-0014, which expires September 30, 2006. We will request that OMB renew approval of this information collection for a 3-year term.

The U.S. Fish and Wildlife Service announces the decision and availability of the Record of Decision (ROD) for the Final Comprehensive Conservation Plan (CCP) and Environmental Impact Statement (EIS) for Driftless Area National Wildlife Refuge (NWR) in accordance with 40 CFR 1506.6(b). A thorough analysis of the environmental, social, and economic considerations was completed and included in the Final CCP/EIS. The Final CCP/EIS was released to the public and a Notice of Availability was published in the Federal Register, 71 FR 5874, February 3, 2006. The ROD documents the selection of Alternative C, the Preferred Alternative in the Final CCP/EIS. The ROD was signed by the Regional Director, U.S. Fish and Wildlife Service, Midwest Region, on April 18, 2006.

TXU Electric Delivery (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (TE- 125388-0) pursuant to section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended. The requested permit, which is for a period of five years, would authorize incidental take of the golden-cheeked warbler (Dendroica chyrosparia) and black-capped vireo (Vireo atricapilla). The proposed take would occur as a result of the construction and continued operation of a 16-mile (26-kilometer), 138 kV transmission line within Bell and Coryell counties, Texas. We invite the public to review and comment on the permit application and associated draft Environmental Assessment/Habitat Conservation Plan (EA/HCP).

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 Hot Springs Resources Ltd. for competitive oil and gas lease WYW148949 for land in Natrona 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.

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 Pennaco Energy Inc. for noncompetitive oil and gas lease WYW143159 for land in Campbell and Johnson Counties, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

This notice terminates a non-suitable Desert Land Entry classification on 3.09 acres, so the land can be patented under sections 203 and 209 of the Federal Land Policy and Management Act of 1976, as amended.

The Bureau of Land Management (BLM) Field Office, Taos, New Mexico, intends to prepare a Resource Management Plan Revision with an associated Environmental Impact Statement (EIS) for the Taos Field Office and by this notice is announcing public scoping meetings. The RMPR will revise the existing Taos Resource Management Plan.

The Bureau of Land Management (BLM) proposes to sell public lands within the City of North Las Vegas in Clark County, Nevada. These lands, consisting of 20.42 acres more or less (10.42 acres considered developable) have been authorized for disposal under the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2343), as amended by the Clark County Conservation of Public Land and Natural Resources Act of 2002 (116 Stat. 1994) (hereinafter ``SNPLMA''). The land will be offered for sale utilizing modified competitive bidding procedures in accordance with 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), respectively, its implementing regulations, and in accordance with 43 CFR 2711.3-2, and BLM land sale and mineral conveyance regulations at 43 CFR Parts 2710 and 2720.

Notice is hereby given of contractual actions that have been proposed to the Bureau of Reclamation (Reclamation) and are new, modified, discontinued, or completed since the last publication of this notice on February 23, 2006. This notice is one of a variety of means used to inform the public about proposed contractual actions for capital recovery and management of project resources and facilities consistent with section 9(f) of the Reclamation Project Act of 1939. Additional announcements of individual contract actions may be published in the Federal Register and in newspapers of general circulation in the areas determined by Reclamation to be affected by the proposed action.

The proposed rule clarifies the terms Congress used to define Class II gaming under the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq. (``IGRA'' or ``Act''). First, the proposed rule further revises the definitions for ``electronic or electromechanical facsimile'' and ``other games similar to bingo'' that appear in part 502 of Commission regulations (25 CFR part 501 et seq.). The Commission defined these terms in 1992, revised the definitions in 2002, and proposed further revisions to the term ``electronic or electromechanical facsimile'' separate from this proposed revision. The proposed rule offers further revision that would incorporate the new part 546 into the definitions. The Commission adds a new Part to its regulations (part 546) that explains the basis for determining whether a game of bingo or lotto, ``other game similar to bingo,'' or a game of pull-tabs or ``instant bingo,'' meets the IGRA statutory requirements for Class II gaming, when such games are played electronically, primarily through an ``electronic, computer or other technologic aid,'' while distinguishing them from Class III ``electronic or electromechanical facsimiles.'' This new part also establishes a process for assuring that such games are Class II before placement of the games in a Class II tribal gaming operation. This process contains information collection requirements subject to the Paperwork Reduction Act of 1995. The Commission has submitted the information collection request to OMB for approval.

The plat of survey of the following described lands was officially filed in the Oregon State Office, Portland, Oregon, on January 31, 2006.

This notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare a Comprehensive Conservation Plan (CCP) and an associated environmental assessment for the San Diego National Wildlife Refuge pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-668ee et seq), and the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4370d). The Service is providing this notice to advise other agencies, Tribal Governments, and the public of our intentions, and to obtain suggestions and information on the scope of the issues and alternatives to include in the CPP and the environmental document.

The newly appointed McInnis Canyons National Conservation Area (MCNCA) Advisory Council will hold its first meeting on June 22, 2006. The meeting will begin at 3:00 p.m. and will be held at the Mesa County Administration Building; 544 Rood Avenue, Grand Junction, CO. Additional meetings for 2006 will be determined at the June 22nd meeting and published in the Federal Register.

The public is invited to comment on the following applications 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 remove the California brown pelican (Pelecanus occidentalis californicus) from the Federal List of Endangered and Threatened Wildlife and Plants pursuant to section 4(b)(3) of 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 may be warranted. We, therefore, are initiating a status review of the California brown pelican to determine if delisting under the Act is warranted. We note that the taxon on the Federal List of Endangered and Threatened Species is the brown pelican (Pelecanus occidentalis). The petition requests specifically the delisting of the California brown pelican, (Pelecanus occidentalis californicus), rather than the delisting of the entire listed entity. Brown pelicans in coastal States along the Atlantic Coast and in Florida and Alabama were removed from the List of Endangered and Threatened Wildlife on February 4, 1985 (50 FR 4938). The brown pelican remains listed as endangered throughout the remainder of its range in North, Central, and South America and the Caribbean. Because a status review is also required for the 5-year review of listed species under section 4(c)(2)(A) of the Act, we are electing to initiate a 5-year review of the brown pelican (Pelecanus occidentalis) throughout its range and prepare these reviews simultaneously. The purpose of reviews conducted under this section of the Act is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants is accurate. To ensure that the reviews are comprehensive, we are soliciting scientific and commercial information regarding this species.