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

We are announcing receipt of a proposed amendment to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). West Virginia proposes to revise the Code of West Virginia (W. Va. Code) as amended by Senate Bill 461 concerning water rights and replacement, and to revise the Code of State Regulations (CSR) as amended by Committee Substitute for House Bill 4135 by adding a postmining land use of Bio-oil Cropland, and the criteria for approving bio-oil cropland postmining land use.

The U.S. Fish and Wildlife Service (Service, we), announces a 5-year review of the northern distinct population segment (DPS) (i.e., in Michigan, Ohio, and Indiana north of 40 degrees north latitude) of the copperbelly water snake (Nerodia erythrogaster neglecta) under section 4(c)(2)(A) of the Endangered Species Act of 1973 (Act) (16 U.S.C. 1531 et seq.). We request any information on the snake that has become available since its original listing in 1997 (62 FR 4183) that has a bearing on its classification as threatened. A 5-year review is a periodic process conducted to ensure that the classification of a listed species is appropriate. It is based on the best scientific and commercial data available at the time of the review. Based on the results of this 5-year review, we will make a finding of whether this species is properly classified under section 4(c)(2)(B) of the Act.

Pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.), the Fish and Wildlife Service (Service) as the lead agency, advises the public that we intend to gather information necessary to prepare, in cooperation with the United States Department of Agriculture Forest Service (Forest Service), an Environmental Impact Statement (EIS) on the proposed Paiute Cutthroat Trout Restoration Project (Project). The Forest Service is a cooperating agency because activities within designated wilderness on National Forest System lands require Forest Service approval (36 CFR 261.9f, 293.6c). The Service provides this notice to: (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an EIS; (3) announce the initiation of a 30-day public scoping period; and (4) obtain suggestions and information on the scope of issues and alternatives to be included in the EIS.

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

The following permits were issued.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the proposed designation of critical habitat for Monardella linoides ssp. viminea (willowy monardella) and the availability of a draft economic analysis of the proposed designation of critical habitat. 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 on the November 9, 2005, proposed critical habitat rule need not be resubmitted as they have already been incorporated into the public record and will be fully considered in our final determination.

George Stokes (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (TE-126322-0) 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 Houston toad (Bufo houstonensis). The proposed take would occur as a result of the construction and occupation of a single family residence, guest home, and associated structures on a 14.049-acre (5.68-hectare) property located on Park Road 1-C, Bastrop County, Texas. We invite the public to review and comment on the permit application and associated draft Environmental Assessment/Habitat Conservation Plan (EA/HCP).

Pursuant to the provisions of 43 CFR 3108.2-3(b)(2), Ellora Energy, Inc. timely filed a petition for reinstatement of oil and gas leases TXNM 96273 and TXNM 96274 for lands in Shelby County, Texas, and was accompanied by all required rentals and royalties accruing from March 1, 2006, the date of termination.

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 Duncan Johnson for competitive oil and gas lease WYW134349 for land in Fremont 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.

The Bureau of Land Management (BLM) announces the availability of a map depicting existing roads, vehicle ways, and trails on public lands managed by the BLM Challis Field Office. The map implements the Challis Resource Management Plan (RMP, 1999) limiting vehicle travel to existing roads, ways, and trails. Additionally, the production of this map is the first step in the process of implementing a Comprehensive Travel Management Plan, also required by the Challis RMP.

The Bureau of Reclamation (Reclamation) and the New Mexico Interstate Stream Commission, as joint lead agencies, have 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, as amended, 42 United States Code 4332.