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

The National Park Service (NPS) is terminating preparation of an Environmental Impact Statement (EIS) for the General Management Plan, Hovenweep National Monument, Colorado and Utah. A Notice of Intent to prepare the EIS for the Hovenweep National Monument General Management Plan was published in Vol. 68, No. 167, of the August 28, 2003, Federal Register (2351). The National Park Service has since determined that an Environmental Assessment (EA) rather than an EIS is the appropriate environmental documentation for the general management plan.

Robert Catlow, Ali Markieh, Dustin Stone, Pete Knudsen, and Peter Intoccia (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 requested term for each is one year, except for Markieh who requests a two-year permit term. The Applicants anticipate taking a total of about 1.21 acres of Florida scrub-jay (Aphelocoma coerulescens)(scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of five single- family homes and supporting infrastructure in Brevard County, Florida (Project). The destruction of 1.21 acres of foraging and sheltering habitat is expected to result in the take of three families of scrub- jays. The Applicants' Habitat Conservation Plans (HCPs) 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, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Cory Palmateer (Applicant) and America's First Home (Applicant) each request an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants anticipate taking about 0.4 acre combined of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of two single-family homes and supporting infrastructure in Volusia County, Florida (Project). The destruction of 0.4 acre of foraging and sheltering habitat is expected to result in the take of two families of scrub- jays. The Applicants' Habitat Conservation Plans (HCPs) describe the mitigation and minimization measures proposed to address the effects of the Projects to the Florida scrub-jay.

We invite the public to comment on the following applications to conduct certain activities with endangered species.

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on August 31, 2006. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

The Fish and Wildlife Service proposes to add three refuges to the list of areas open for hunting and/or sport fishing programs and increase the activities available at six other refuges. We also propose to implement pertinent refuge-specific regulations for those activities and amend certain regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2006-2007 season.

We, the U.S. Fish and Wildlife Service, announce the reopening of the comment period on the proposed designation of critical habitat for Astragalus brauntonii (Braunton's milk-vetch) and Pentachaeta lyonii (Lyon's pentachaeta) and the availability of the draft economic analyses of the proposed designation of critical habitat. The draft economic analysis for Astragalus brauntonii identifies a total surplus (sum of producer and consumer surplus) of approximately $91.87 million over a 20-year period (approximately $8.11 million annually at a 7 percent discount rate, or approximately $5.99 million annually at a 3 percent discount rate) from housing development forecasted to be built within the area of Astragalus brauntonii proposed critical habitat. The draft economic analysis for Pentachaeta lyonii identifies a total surplus (sum of producer and consumer surplus) of approximately $121.21 million over a 20-year period (approximately $10.69 million annually at a 7 percent discount rate, or $7.91 million annually at a 3 percent discount rate) from housing development forecasted to be built within the area of Pentachaeta lyonii proposed 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 analyses. 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.

The U.S. Fish and Wildlife Service (Service) announces that the Marin Islands National Wildlife Refuge (Refuge) Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/EA) is available for review and comment. Also available for review with the Draft CCP/EA are the draft compatibility determinations for research and monitoring; wildlife observation and photography; environmental education and interpretive guided tours; and sport fishing.

The BLM Coos Bay District RAC is scheduled to meet on August 3, 2006 from 9 a.m. until 4:30 p.m. at the BLM Coos Bay District Office. The BLM Office is located at 1300 Airport Lane in North Bend, Oregon. The purpose of this meeting will be for the RAC to recommend funding for Title II projects, as identified under Public Law 106-393. There will be an opportunity for the public to address the RAC at approximately 11 a.m. at this meeting. The RAC may also meet on August 10, 2006 for the same purpose. The need for this meeting will be dependent upon the progress made in making recommendations at the August 3, 2006 meeting. The scheduled meeting time and location for the August 10, 2006 meeting will be the same as for the meeting scheduled on August 3, 2006.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service and the University of Utah announce the availability of a Draft Environmental Impact Statement for the Construction and Operation of a Proposed New Utah Museum of Natural History at the University of Utah, Salt Lake County, Utah.

The MMS is proposing new regulations implementing the provisions of the Energy Policy Act of 2005 (EPAct) governing the payment of royalty on geothermal resources produced from Federal leases and the payment of direct use fees in lieu of royalties. The EPAct provisions amend the Geothermal Steam Act of 1970 (GSA). The new regulations would amend the current MMS geothermal royalty valuation regulations and simplify the royalty calculations for geothermal resources for leases issued under the EPAct and leases whose terms are modified under the EPAct. The new regulations would also amend various related provisions in the MMS rules.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended), and the Council on Environmental Quality Regulations (40 CFR part 1500-1508), the National Park Service (NPS), Department of the Interior, has prepared an abbreviated final environmental impact statement (FEIS) for the proposed General Management Plan (GMP) for Minidoka Internment National Monument located in southern Idaho. This FEIS describes and analyzes four GMP alternatives that respond to both NPS planning requirements and to the public's concerns and issues, identified during the extensive scoping and public involvement process. Each alternative presents management strategies for resource protection and preservation, education and interpretation, visitor use and facilities, land protection and boundaries, and long-term operations and management of the national monument. The potential environmental consequences of all the alternatives, and mitigation strategies, are identified and analyzed in the FEIS. In addition to a ``no-action'' alternative, an ``environmentally preferred'' alternative is identified. Background: A Notice of Intent formally initiating the conservation planning and environmental impact analysis process was published in the Federal Register on April 24, 2002. Early public involvement methods included news releases, public meetings and workshops, presentations and meetings with interested publics, newsletter mailings, and Web site postings. This strong public outreach was deemed necessary for successful planning, given the nature and sensitivity of the national monument's history, the speed in which the national monument was established, as well as its remote location. Preceding the formal planning process, NPS staff conducted informational meetings about the national monument with Japanese American organizations, community organizations, various governmental entities, potential stakeholder groups, and individuals during the spring, summer and early fall of 2002. Approximately 50 meetings were held in Idaho, Washington, Oregon, and Alaska during this time, and approximately 2,000 people were contacted. The purpose of these initial meetings was to provide information about the establishment of Minidoka Internment National Monument as a new unit of the National Park System and to help characterize the scale and extent of the conservation planning process. The NPS encouraged public involvement during three phases of the EIS process. The initial scoping phase was intended to elicit issues, concerns, and suggestions deemed necessary to address during the overall planning. Nine public workshops were held in Idaho, Washington, and Oregon in November 2002 (250 people provided comments in workshops, and another 225 people provided written comments). In the second phase the NPS engaged the public in developing preliminary alternatives; these alternatives were intended to address the specific issues and concerns that surfaced during the public scoping. Eleven public workshops were held in Idaho, Washington, and Oregon in July and August 2003 (215 people provided comments in the workshops, and another 50 people provided written comments). The third phase of involvement afforded the opportunity for public review of the Draft EIS/GMP, which was released on June 21, 2005. Government entities and the public were invited to submit comments by regular mail, e-mail, fax, and online. In addition, the NPS held ten public meetings in Idaho, Washington, Oregon, and California in July and August 2005 to provide further opportunity to learn about the proposed plan and to offer comments; over 200 people attended these meetings. During the formal public comment period, which closed on September 19, 2005, the NPS received comments from over 365 individuals and organizations, including 150 written responses (all substantive comments, and responses, are documented in the abbreviated Final EIS). Throughout the planning process, the public's comments and recommendations have provided the foundation for the new GMP, represented in the national monument's purpose, significance, interpretive themes, alternatives, and particularly as incorporated in the proposed action. Proposed Plan and Alternatives: Alternative A is the ``no-action'' alternative and would continue current management practices, maintaining general management guidance for incremental and minimal changes in park operations, staffing, visitor services, and facilities to accommodate visitors. While the historic resources of the site would continue to be protected, only minor additional site work would be anticipated. The ``no-action'' alternative is the baseline for evaluating and comparing the changes and impacts of the three ``action'' alternatives. Alternative B emphasizes the development and extensive use of outreach and partnerships to assist NPS staff in telling the Minidoka story to the American people. Off-site visitor education and interpretation would be conducted through diverse comprehensive programs developed in cooperation with partners, including school districts, museums, and educational and legacy organizations and institutions. Alternative B would focus on identifying off-site facilities for education and interpretation with minimal new development at the national monument site. Historic structures would be adaptively reused for visitor and monument functions and for minimal administrative and operational needs. Key historic features would be delineated, restored, or rehabilitated. On-site education and interpretation would be accomplished through a range of self- exploratory visitor experiences. Alternative C, the NPS's proposed action, emphasizes on-site education and interpretation and the extensive treatment and use of cultural resources in telling the Minidoka story. On-site education and interpretation would be accomplished through a wide range of visitor experiences, including immersion into the historic scene, interaction with a variety of educational and interpretive media and personal services, and participation in creative and self-directed activities. Off-site visitor education and interpretation would be conducted through diverse programs developed in cooperation with partners, including school districts, museums, and educational and legacy organizations and institutions. The proposed plan would use various preservation techniques to protect and enhance historic resources, such as delineation, stabilization, restoration, rehabilitation, and limited reconstruction. These historic resources would be used for interpretive purposes to accurately and authentically convey the history and significance of the national monument. The establishment of one complete barracks block exhibit in its original location and configuration would be the cornerstone of interpretive services and facilities at the national monument, essential for understanding and appreciation of the incarceration experience and the significance of the national monument. A visitor contact facility and maintenance area would be developed by adaptively reusing existing historic buildings. There would be minimal new development. Alternative C is also the ``environmentally preferred'' alternative. The proposed plan would require congressional legislation to authorize a boundary adjustment to include areas where barracks historically stood in order to reestablish a complete residential block in an original historic location. Additionally, the NPS would request congressional legislation to transfer the historic Minidoka Relocation Center landfill, located 1 mile north of the national monument, from the BLM to the NPS. Alternative C recommends a name change to Minidoka National Historic Site, to be more reflective of its historic value. Alternative D identifies several actions that would focus on education and interpretation on-site, specifically through the development of new visitor facilities. The east end site would be used to develop new facilities and to provide space for a new visitor center, education and research functions, along with a new Issei memorial and garden. On-site education and interpretation would be accomplished through a wide range of visitor experiences, including interaction with a variety of educational and interpretive media, participation in creative and self-guided activities, and limited access of the historic scene. Visitor education programs, adaptive reuse of historic structures for park use, and the establishment of formal partnerships for education and outreach purposes would complement the new construction. Alternative D would focus on sound cultural resource management through preservation, restoration, rehabilitation, and reconstruction of certain historic features. Several actions would provide for the protection and enhancement of natural and scenic resources. Other actions would establish administrative and operational capabilities in terms of facilities and staffing. Most national monument staff activities would be on-site to manage resources and provide for visitor understanding and appreciation of the national monument. However, some off-site educational programs would complement the on-site programs through partnerships. Copies: The Abbreviated Final EIS/GMP is now available. This document's abbreviated format requires that the material presented therein be integrated with the Draft EIS to fully describe the proposed GMP, potential environmental impacts, and public comments that have been received and evaluated. Interested persons and organizations wishing to express any concerns or provide relevant information may obtain the Abbreviated Final EIS/GMP by contacting the Superintendent, Minidoka Internment National Monument, P.O. Box 570, Hagerman, Idaho 83332-0570, or via telephone at (208) 837-4793 (copies of the Draft EIS are also available, if needed). This document may also be reviewed at area libraries, or obtained electronically via the following Web site at: https://parkplanning.nps.gov/miin. Please note that names and addresses of all respondents will become part of the public record. It is our practice to make comments, including names, home addresses, home phone numbers, and email addresses of respondents, available for public review. Individual respondents may request that we withhold their names and/or home addresses, etc., but if you wish us to consider withholding this information you must state this prominently at the beginning of your comments. In addition, you must present a rationale for withholding this information. This rationale must demonstrate that disclosure would constitute a clearly unwarranted invasion of privacy. Unsupported assertions will not meet this burden. In the absence of exceptional, documentable circumstances, this information will be released. We will always make submissions from organizations or businesses, and from individuals identifying themselves as representatives of or officials of organizations or businesses, available for public inspection in their entirety. Decision Process: Following release of the Abbreviated Final GMP/ EIS, a Record of Decision will be prepared and approved not sooner than 30 days after the EPA has published its notice of filing of the document in the Federal Register. A notice of the approved GMP would be similarly published. As a delegated EIS, the official responsible for the final decision is the Regional Director, Pacific West Region, National Park Service. Subsequently, the official responsible for implementing the approved GMP would be the Superintendent, Minidoka Internment National Monument.

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Reclamation (Reclamation) proposes to prepare a supplement to the Final Environmental Impact Statement (FEIS) for the Milltown Hill Project. Reclamation filed the FEIS for the project with the Environmental Protection Agency on August 14, 1992 and completed a Record of Decision (ROD) on November 7, 1992. The FEIS was prepared in conjunction with Douglas County's (County) application for a Small Reclamation Projects Act loan and grants to develop a dam and reservoir at the Milltown Hill site on Elk Creek above Drain, Oregon. The County's loan and grant application was subsequently approved but the project was never constructed. The County has recently indicated that it wishes to re- activate its Small Reclamation Projects Act loan and grant application. Reclamation believes that due to the time lapse since the FEIS was completed and the ROD was signed, it is appropriate to update the information in the 1992 EIS to determine if it still correctly describes the affected environment and environmental consequences of the project. The proposed action and the no action alternative will be evaluated in the supplement to the FEIS.

The Bureau of Land Management (BLM) has officially filed the plats of survey of the lands described below in the BLM Idaho State Office, Boise, Idaho, effective 9 a.m., on the dates specified.

The Bureau of Land Management (BLM) has examined and found suitable for classification for lease or conveyance to Washoe County, Nevada under the authority of the Recreation and Public Purposes Act (R&PP), as amended, approximately 110 acres of land in Washoe County, Nevada. Washoe County proposes to use the land for a public archery range.

The purpose of this notice is to inform the public and interested State and local government officials of the filing of Plats of Survey in Nevada.

This order partially revokes a Public Land Order insofar as it affects 160 acres of public lands within national forests, which were withdrawn and reserved for use of the Forest Service as administrative sites, recreation areas, and a roadside zone.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, the National Park Service (NPS) announces the availability of the Record of Decision (ROD) on the final Environmental Impact Statement (EIS) for the General Management Plan (GMP), Lincoln Boyhood National Memorial, Indiana. The Midwest Regional Director approved the ROD for this final GMP/EIS on June 20, 2006. Specifically, the NPS has selected the preferred alternative as described in the GMP/ EIS. Under the selected action, the NPS would emphasize a greater array of interpretive opportunities, with the focus on the history of the Lincoln family in southern Indiana, and on the natural and sociopolitical environment of the times. The Lincoln Living Historical Farm would retain its current character, but the interpretive program would provide visitors with interpretive opportunities and demonstrations directly related to the Lincoln story and the way in which the family likely lived in Indiana. The memorial building and court would remain largely unchanged, but new administrative offices would be added to the rear of the structure. Where possible, some elements of the cloister could be returned to their original design. The new addition or structure would harmonize in size, scale, proportion, and materials with the extant structure and would not intrude on the historic scene. The selected action and two other alternatives were analyzed in the draft and final EIS. A full range of foreseeable environmental consequences was assessed. Among the alternatives the NPS considered, the selected action best protects Lincoln Boyhood National Memorial's natural and cultural resources, while also providing a range of quality interpretive and educational experiences. It also meets the NPS goals for managing the memorial and meets national environmental policy goals. The preferred alternative will not result in the impairment of resources and values. The ROD includes a statement of the decision made, synopses of other alternatives considered, the basis for the decision, the rationale for why the selected action is the environmentally preferred alternative, a finding of no impairment of park resources and values, and an overview of public involvement in the decisionmaking process.

The National Park Service (NPS) announces the SRC meeting schedule for the following NPS areas: Aniakchak National Monument and Lake Clark National Park. The purpose of each meeting is to develop and continue work on subsistence hunting program recommendations and other related subsistence management issues. Each meeting is open to the public and will have time allocated for public testimony. The public is welcomed to present written or oral comments to the SRC. The NPS SRC program is authorized under Title VIII, Section 808, of the Alaska National Interest Lands Conservation Act, Public Law 96-487, to operate in accordance with the provisions of the Federal Advisory Committee Act. Draft meeting minutes will be available upon request from each Superintendent for public inspection approximately six weeks after each meeting.

The August 24 and 25, 2006, Steens Mountain Advisory Council meeting, previously scheduled to be held at the Bureau of Land Management, Burns District Office, 28910 Highway 20 West, Hines, Oregon 97738, has been moved to the Frenchglen School, 39235 Highway 205, Frenchglen, Oregon 97736. The original Federal Register notice announcing the meeting was published on February 6, 2006, page number 6090. The meeting session will begin the first day at 8 a.m., local time, and will end at 4:30 p.m., local time. The second day will begin at 8 a.m., local time, and will end at approximately 2 p.m., local time. The entire meeting is open to the public. Public comment is scheduled for 11 a.m. to 11:30 a.m., local time, both days of the meeting session.

Pursuant to section 2(b) of the Mineral Leasing Act of 1920, as amended by section 4 of the Federal Coal Leasing Amendments Act of 1976, 90 Stat. 1083, 30 U.S.C. 201 (b), and to the regulations adopted as 43 CFR part 3410, interested parties are hereby invited to participate with Black Butte Coal Company on a pro rata cost sharing basis in its program for the exploration of coal deposits owned by the United States of America in the following-described lands in Sweetwater County, WY:

Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969 the National Park Service (NPS) announces the availability of a Final Environmental Impact Statement (FEIS) for the Fort King Special Resource Study. The document describes ways that the NPS may assist in preserving the Fort King site by outlining four management alternatives for consideration by Congress, including a no- action alternative. The FEIS analyzes the environmental impacts of those alternatives considered for the future protection, interpretation, and management of the site's cultural resources. The 37-acre study area is located in the city of Ocala, Marion County, Florida.

Secretarial action on May 9, 2006, formally removed National Natural Landmark (NNL) designations in response to owner requests. This action resulted in boundary changes to 66 NNLs and complete de- designation of 8 NNLs.

We, the U.S. Fish and Wildlife Service (Service), are reclassifying the federally endangered Gila trout (Oncorhynchus gilae) to threatened status under the authority of the Endangered Species Act of 1973, as amended (Act). We are also finalizing a special rule under section 4(d) of the Act that would apply to Gila trout found in New Mexico and Arizona. This special rule will enable the New Mexico Department of Game and Fish (NMDGF) and the Arizona Game and Fish Department (AGFD) to promulgate special regulations in collaboration with the Service, allowing recreational fishing of Gila trout.