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

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) requests the Office of Management and Budget (OMB) to extend an existing approval to collect information from individuals desiring to use campgrounds. BLM uses Form 1370-36, Permit Fee Envelope, to collect this information. This information allows BLM to determine if all users paid the required fee, the number of users, and their State of origin.

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) requests the Office of Management and Budget (OMB) to extend an existing approval to collect information from owners and operators of helium-bearing natural gas wells and transmission lines to evaluate the helium resources. BLM uses Form 3100-12, Gas Well Data Survey of Helium- Bearing Natural Gas, to collect gas samples from natural gas wells. This information allows BLM to determine and evaluate the extent of any helium resources that may exist in natural gas.

Under the Class II provisions of Title IV, Public Law 97-451, the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease NMNM 32458 from the lessee, OXY USA WTP LP., for lands in Lea County, New Mexico. 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 (Service), are extending the public comment period on the proposed special rule for the threatened Pacific Coast distinct population segment of the western snowy plover (Charadrius alexandrinus nivosus). Comments previously submitted need not be resubmitted as they have been incorporated into the public record and will be fully considered in the final determination.

We (Fish and Wildlife Service) will ask OMB to renew approval for our information collection associated with the importation or exportation of fish or wildlife. The current OMB control number for this information collection is 1018-0012, which expires on December 31, 2006. We will request that OMB renew approval of this information collection for a 3-year term. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this information collection.

The U.S. Fish and Wildlife Service (Service), on behalf of the Department of the Interior (DOI) as a natural resource trustee, announces the release for public review of the Draft Study Plan for a mink injury study for the Hudson River Natural Resource Damage Assessment (NRDA). The Draft Study Plan describes the Trustees' proposed approach to conducting this investigation, and seeks public feedback.

The MMS has received a request from Long Island Offshore Wind Park, LLC (LIOWP) for a lease, easement, or right-of-way to construct and operate a wind energy facility in Federal waters off Long Island, 3.6 miles southwest of Jones Beach Island, Nassau and Suffolk Counties, New York. The purpose of this project is to provide a utility-scale renewable energy facility providing power to the New York electrical grid. Forty wind turbine generators are proposed to generate 140 megawatts of electricity and deliver it to an existing substation near West Amityville by means of a buried transmission line. By this notice, the MMS announces: (1) Its intention to prepare an EIS; (2) an invitation for participation by interested cooperating agencies in the review; and (3) the beginning of EIS scoping under the National Environmental Policy Act (NEPA); and (4) the dates and locations for two public meetings to receive comments on the scope of the EIS.

The U.S. Fish and Wildlife Service (Service), on behalf of the Department of the Interior (DOI) as the sole natural resource trustee, announces the release for public review of the Draft Restoration Plan (RP) for the Cortese Landfill Superfund Site (Site). As a result of remedial activities and the off-site migration of Site-related contaminants, 1.6 acres of wetland were destroyed and/or degraded. Adversely affected natural resources include waterfowl, wading birds, hawks, woodpeckers, swallows, migratory songbirds, invertebrates, reptiles, and amphibians. In addition, the section of the Upper Delaware River watershed near the Site hosts the largest population of wintering bald eagles in the Northeast. The embayment provides feeding and/or spawning habitat for forage fish, American shad, striped bass, and American eel. The funds available from this settlement for restoration activities total approximately $85,000. The restoration project proposed in the Draft RP involves wet meadow/wetland restoration and protection. The Draft RP presents a preferred alternative consisting of a restoration project that compensates for impacts to natural resources caused by contaminant releases and remedial activities associated with the Site.

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), the Western Montana Resource Advisory Council will meet as indicated below.

The notice announces that the Federal coal lands within the nine (9) Oklahoma Counties of Atoka, Coal, Haskell, Latimer, LeFlore, McIntosh, Muskogee, Pittsburgh, and Sequoyah continue to qualify as a Category 5 royalty rate reduction ``Area'' as set forth in the Bureau of Land Management (BLM) Royalty Rate Reduction Guidelines (55 FR 6841 and 55 FR 18401) and BLM Manual 3485, Reports, Royalties, and Records. Analysis by the Bureau of Land Management, New Mexico State Office indicates that there have been no significant changes in the coal market for the Area during the last 5 years. Therefore, the State Director of the New Mexico State Office of the BLM has determined to extend the qualification of the Area for Category 5 Royalty Rate Reductions for five (5) additional years.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 and in response to an application filed by the artists Christo and Jeanne-Claude, the Bureau of Land Management (BLM), Royal Gorge Field Office, announces its intention to prepare an EIS and conduct public scoping. The artists propose to hang fabric panels over a portion of the Arkansas River as an artistic exhibition. The reason for preparing an EIS is based upon several factors, including a specific request from the applicants; the increasing complexity of the project; the level of controversy related to the project; and the level of involvement during the scoping process.

The purpose of this notice is to request public nominations for the Bureau of Land Management (BLM) Northwest Colorado Resource Advisory Council (RAC) specifically in ``Category 2,'' which includes representatives of nationally or regionally recognized environmental organizations, archaeological and historic organizations, dispersed recreation users, and wild horse and burro organizations. The RAC provides advice and recommendations to BLM on land use planning and management of the public lands within northwestern Colorado. The BLM will consider public nominations for 30 days after the publication date of this notice.

We, the U.S. Fish and Wildlife Service (Service), under the Endangered Species Act of 1973, as amended (Act), have determined that it is appropriate to remove Agave arizonica (Arizona agave) from the Federal List of Endangered and Threatened Wildlife and Plants. This determination is based on a thorough review of all available data, which indicate that this plant is not a discrete taxonomic entity and does not meet the definition of a species under the Act. Evidence collected subsequent to the listing indicates that plants attributed to Agave arizonica do not constitute a distinct species but rather are individuals that have resulted from recent and sporadic instances of hybridization between two species. Current taxonomic practice is not to recognize such groups of individuals as a species. Since Agave arizonica is not recognized as a species, it no longer qualifies for protection under the Act.

The Minerals Management Service (MMS) is issuing this notice to advise the public, pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 et seq., that MMS intends to prepare an environmental assessment (EA) for proposed Outer Continental Shelf (OCS) oil and gas Lease Sale 201 in the Central Gulf of Mexico (GOM) (Lease Sale 201) scheduled for March 2007. The MMS is issuing this notice to facilitate public involvement. The preparation of this EA is an important step in the decision process for Lease Sale 201. The proposal and alternatives for Lease Sale 201 were identified by the MMS Director in January 2002 following the Call for Information and Nominations/Notice of Intent to Prepare an Environmental Impact Statement (EIS) and were analyzed in the Gulf of Mexico OCS Oil and Gas Lease Sales: 2003-2007; Central Planning Area Sales 185, 190, 194, 198, and 201; Western Planning Area Sales 187, 192, 196, and 200Final Environmental Impact Statement; Volumes I and II (Multisale EIS, OCS EIS/EA MMS 2002-052). This EA will reexamine the potential environmental effects of the proposed action (the offering of all available unleased acreage in the GOM Central Planning Area (CPA)) and its alternatives (the proposed action excluding the unleased blocks near biologically sensitive topographic features; the proposed action excluding the unleased blocks within 15 miles of the Baldwin County, Alabama, coast; and no action) based on any new information regarding potential impacts and issues that were not available at the time the Multisale EIS was prepared.

This notice advises that 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 the Laramie Plains National Wildlife Refuges (NWRs) in southeast Wyoming, which include Bamforth NWR, Hutton Lake NWR, and Mortenson Lake NWR. The Service is furnishing this notice in compliance with Service CCP policy to advise other agencies and the public of its intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.

The Bureau of Land Management (BLM) proposes to sell a .21 acre parcel of public land in Vilas County, Wisconsin at not less than the fair market value to Ernest Horinek to resolve an unauthorized use of public land.

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 Final Environmental Impact Statement (FEIS) for Burr Trail Modifications for Capitol Reef National Park, Utah.

The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) for Grand Cote National Wildlife Refuge is available for public review and comment. This Draft CCP/EA was prepared pursuant to the National Wildlife Refuge System Administration Act, as amended, and the National Environmental Policy Act. The Draft CCP/EA describes the Service's proposal for management of the refuge for 15 years.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period and a public hearing on the proposed designation of critical habitat for the Perdido Key beach mouse (Peromyscus polionotus trissyllepsis), Choctawhatchee beach mouse (Peromyscus polionotus allophrys), and St. Andrew beach mouse (Peromyscus polionotus peninsularis) and the availability of the draft economic analysis of the proposed designation of critical habitat under the Endangered Species Act of 1973, 16 U.S.C. 1531, et seq. (Act). We are also using this comment period to modify the boundary of proposed critical habitat unit CBM-5 for Choctawhatchee beach mouse and PKBM-5 for Perdido Key beach mouse, correct an error made in the proposed rule, and solicit further comments on the proposed rule. The draft economic analysis finds that costs associated with conservation activities for the three beach mice are forecast to range from $60.4 million to $107.7 million in undiscounted dollars over the next 20 years. Adjusted for possible inflation, the costs would range from $56.3 million to $103.3 million over 20 years, or $3.8 million to $6.9 million annually using a three percent discount; or $52.5 million to $99.4 million over 20 years, or $5.0 million to $9.4 million annually using a seven percent discount rate. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule and the associated draft economic analysis. Comments previously submitted need not be resubmitted as they will be incorporated into the public record as part of this comment period and will be fully considered in preparation of the final rule.

We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the proposal to designate critical habitat for the Fender's blue butterfly (Icaricia icarioides fenderi, Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), and Erigeron decumbens var. decumbens (Willamette daisy) and the availability of the draft economic analysis of the proposed designation of critical habitat. The draft economic analysis has been completed and we are publishing a notice of availability in the Federal Register and requesting comments. The economic analysis for the prairie species concluded that the potential future costs associated with conservation activities for the species are estimated to range from $25.3 to $52.7 million over 20 years in undiscounted 2006 dollars. Costs are estimated to range from $19.1 to $40.3 million over 20 years, or $1.3 to 2.7 million annually using a three percent discount rate. Costs are estimated to range from $15.3 to $32.6 million over 20 years, or $1.4 to $3.1 annually using a seven percent discount rate. The activities affected by species conservation efforts may include development, management of public and conservancy lands (``conservation''), transportation operations, and the Benton County Habitat Conservation Plan (HCP). We are reopening the comment period to allow all interested parties to comment simultaneously on the proposed rule and the associated draft economic analysis. Comments previously submitted need not be resubmitted as they will be incorporated into the public record as part of this comment period, and will be fully considered in preparation of the final rule.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving 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 to revise its fish and wildlife habitat revegetation guidelines by adding technical guidelines and management practices concerning habitat suitable for bobwhite quail and other grassland bird species. Texas intends to revise its program to encourage reclamation practices that are suitable for bobwhite quail and other grassland bird species.

Notice is provided pursuant to Section 204 of the Federal Land Transaction Facilitation Act of 2000 (43 U.S.C. 2303) (FLTFA) of the procedures for possible acquisition of qualified properties by the Federal Government. The notice also provides information on the procedures for identifying such properties held by willing sellers and establishing a priority for the purchase of such properties.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969 and the Federal Land Policy and Management Act of 1976, notice is hereby given that the Bureau of Land Management (BLM), White River Field Office (WRFO) located in Meeker, CO, will be directing the preparation of a Resource Management Plan (RMP) Amendment and associated Environmental Impact Statement (EIS). The BLM invites the public to participate in this planning effort.

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 Summit Resources, Inc. for competitive oil and gas lease WYW147439 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.

This notice is published in accordance with section 9(a)(2) of the Federal Advisory Committee Act of 1972, Public Law 92-463. Notice is hereby given that the Secretary of the Interior has renewed the Bureau of Land Management's Grand Staircase-Escalante National Monument Advisory Committee. The purpose of the Committee will be to advise Monument Managers on science and management issues and the achievement of objectives set forth in the Grand Staircase-Escalante National Monument Management Plan.