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

On August 16, 2006, the MMS will open and publicly announce bids received for blocks offered in Western GOM Oil and Gas Lease Sale 200, pursuant to the OCS Lands Act (43 U.S.C. 1331-1356, as amended), and the regulations issued thereunder (30 CFR part 256). The Final Notice of Sale 200 Package (FNOS 200 Package) contains information essential to bidders, and bidders are charged with the knowledge of the documents contained in the Package.

In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Northwest California Resource Advisory Council will meet as indicated below.

In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed approval for the collections of information for 30 CFR 795, Permanent Regulatory ProgramSmall Operator Assistance Program (SOAP), and two technical training program course effectiveness evaluation forms. These collection requests have been forwarded to the Office of Management and Budget (OMB) for review and approval. The information collection requests describe the nature of the information collections and the expected burden and cost.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq., this notice announces that the Information Collection Request (ICR) abstracted below (OMB No. 1006-0015) has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected cost and burden.

This notice publishes an approval of the amended and restated Tribal-State Compact for regulation of Class III Gaming between the Confederated Tribes of Grand Ronde and the State of Oregon.

Per 30 U.S.C. 188(d), Coastal Petroleum Company timely filed petitions for reinstatement of oil and gas leases MTM 93185 and MTM 93188, Valley County, Montana. The lessee paid the required rentals accruing from the date of termination. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals and royalties of $5 per acre and 16\2/3\ percent or 4 percentages above the existing competitive royalty rate. The lessee paid the $500 administration fee for the reinstatement of each lease and $163 cost for publishing this Notice. The lessee met the requirements for reinstatement of the leases per Sec. 31 (d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate the leases, effective the date of termination subject to: The original terms and conditions of the leases; The increased rental of $5 per acre for each lease; The increased royalty of 16\2/3\ percent or 4 percentages above the existing competitive royalty rate for each lease; and The $163 cost of publishing this Notice

The County of Orange, Rancho Mission Viejo, and Santa Margarita Water District (Applicants) have applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Service is requesting public comment on the Draft Orange County Southern Subregion Habitat Conservation Plan (HCP), Draft Implementing Agreement, and Draft Environmental Impact Report/ Environmental Impact Statement (EIR/EIS). The Applicants seek a permit to incidentally take 25 animal species and assurances for 7 plant species, including 25 unlisted species should any of them become listed under the Act during the term of the proposed 75-year permit. The permit is needed to authorize take of listed animal species (including harm and injury) for Covered Activities, including development and associated infrastructure in Rancho Mission Viejo, expansion of the Prima Deshecha Landfill, and the extension of La Pata Road in the approximately 132,000-acre Plan Area in southern Orange County, California. A Draft Environmental Impact Statement, which is the Federal portion of the Draft EIR/EIS, has been prepared jointly by the Service and the County of Orange to analyze the impacts of the HCP and is also available for public review. The analyses provided in the Draft EIR/EIS are intended to inform the public of the proposed action, alternatives, and associated impacts; address public comments received during the scoping period for the Draft EIR/EIS; disclose the direct, indirect, and cumulative environmental effects of the proposed action and each of the alternatives; and indicate any irreversible commitment of resources that would result from implementation of the proposed action.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C) and the Council of Environmental Quality implementing regulations (40 CFR parts 1500- 08), the National Park Service announces the availability of the Draft Environmental Impact Statement/General Management Plan (Draft EIS/GMP) for Olympic National Park. The purpose of the Draft EIS/GMP is to set forth the basic management philosophy for the park, to define resource conditions, wilderness objectives, and visitor experiences to be achieved within the park, and to provide the framework for addressing issues and achieving identified management objectives for the next 15 to 20 years. In addition to a ``no-action'' alternative (which would maintain current management), the Draft EIS/GMP describes and analyzes three ``action'' alternatives that respond to public concerns and issues identified during the scoping process, as well as NPS's conservation planning requirements. These alternatives present varying management strategies that address visitor use and the preservation of cultural and natural resources within the park. The potential environmental consequences of each alternative, and mitigation strategies, are identified and analyzed. Scoping Background: A Notice of Intent announcing the preparation of the Draft EIS/GMP was published in the Federal Register on June 4, 2001. Public engagement has included public meetings, newsletter mailings, local press releases, and website postings. In June 2001 a scoping newsletter was distributed to approximately 800 people on the park's mailing list. In addition, during September and October 2001, public scoping meetings were held in several locations around the Olympic Peninsula and in Seattle and Silverdale, Washington. Hundreds of comments were received during the scoping process. In January 2002, a newsletter was distributed to summarize the planning issue and concerns brought forward during scoping, and to announce five workshops that were held in the area in late January to seek public assistance in developing alternatives. This was followed by the releases of a preliminary alternatives newsletter (distributed in May 2003) and a park update newsletter (distributed November 2004) to the project mailing list, which had reached approximately 1,200 individuals, agencies, and organizations. Proposed Plan and Alternatives: The Draft EIS/GMP describes and analyzes the environmental impacts of the ``no-action'' alternative and three ``action'' alternatives. The Draft EIS/GMP also includes alternative maps which include specific information for each front country area of the park, and identifies the ``environmentally preferred'' alternative (Alternative D) Alternative A constitutes the no-action alternative and serves as an environmental baseline to facilitate comparisons between ``action'' alternatives. This alternative assumes that existing programs, faculties, staffing, and funding would generally continue at their current levels, and current management practices would continue. Alternative B emphasizes cultural and natural resource protection, and natural processes would have priority over visitor access in certain areas of the park. In general, the park would be managed as a large ecosystem preserve emphasizing wilderness management for resource conservation and protection, with a reduced number of faculties to support visitation. Some roads and faculties would be moved or closed to protect natural processes, and visitor access and services in sensitive areas would be reduced. Alternative C emphasizes increased recreational and visitor opportunities. The natural and cultural resources would be protected through management actions and resource education programs. However, maintaining access to existing faculties would be a priority, and access would be retained to all existing front country areas, and increased by improving park roads to extend the season of use. New or expanded interpretation and educational faculties would be constructed. Alternative D is the park's preferred alternative. It was developed using components of the other alternatives, emphasizing both the protection of park resources and improving visitor experiences. Management activities would use methods to minimize adverse effects on park resources to the extent possible. Access would be maintained to existing front country areas, but roads might be modified or relocated for resource protection and/or to maintain vehicular access. Visitor education and interpretative faculties would be improved or developed to improve visitor opportunities. The preferred alternative also proposes three boundary adjustments, which includes a land exchange with the U.S. Forest Service and partnering with Washington Department of Natural Resources, and acquiring private land by willing seller only. Public Review and Comment: The Draft EIS/GMP is now available for public review. The document can be found on the Internet on the NPS Planning, Environment and Public Comment (PEPC) System Web site at https://parkplanning.nps.gov/public. Paper and electronic copies on CD-ROM are also available by request. Interested persons and organizations can obtain a copy by writing to Olympic National Park, c/o William G. Laitner, Superintendent, 600 East Park Avenue, Port Angeles, WA 98362, by telephoning 360-565-3004, or by e-mail to olymgmp@nps.gov. The document is also available to be picked up in person during normal business hours at the headquarters of Olympic National Park, 600 East Park Avenue, Port Angeles, WA 98362, and at the Olympic National Park and Olympic National Forest Information Station in Forks, WA. In addition, the document may be reviewed at branches of the North Olympic Library System, Timberland Regional Libraries, Jefferson County Libraries, and area college and university libraries. All written comments must be postmarked or transmitted not later than September 15, 2006. All comments will become part of the public record. Persons wishing to comment may do so by one of several ways. Responses are encouraged online using the electronic comment form at the NPS PEPC Web site (https://parkplanning.nps.gov). In addition, written comments can be mailed or faxed to Olympic National Park GMP, National Park Service, Denver Service Center, P.O. Box 25287, Denver, Colorado 80225 (fax: 303-969-2736). Comments may also be hand delivered during normal business hours to the headquarters of Olympic National Park at 600 East Park Avenue, Port Angeles, WA 98362 or may be transmitted to the park by e-mail to olymgmp@nps.gov. In addition, oral and written comments may be offered at one of several public open houses to be conducted in August 2006. Confirmed details on dates, locations, and times for these open houses will be announced in local newspapers, on the park's Web site (https://www.nps.gov/olym), or may be obtained by telephone at (360) 565-3130. Regardless of how written comments are submitted, please note that names and addresses of all respondents will become part of the public record. It is the practice of the NPS to make all comments, including names and addresses of respondents who provide that information, available for public review following the conclusion of the NEPA process. Individuals may request that the NPS withhold their name and/ or address from public disclosure. If you wish to do so, you must state this prominently at the beginning of your letter or written response. For those commentators who wish to use the PEPC Web site, such a request can be made by checking the box ``keep my contact information private''. NPS will honor all such requests to the extent allowable by law, but you should be aware that NPS may still be required to disclose your name and address pursuant to the Freedom of Information Act. Decision Process: Following the release of the Draft EIS/GMP, all public and agency comments received will be carefully considered in preparing the final document. The final plan and EIS is anticipated to be completed during winter 2006-07 and its availability will be similarly announced in the Federal Register and via local and regional press media. Not sooner than 30 days following the release of the Final EIS/GMP a Record of Decision would be prepared. Completion of the Final EIS/GMP does not guarantee funds and staff for implementing the approved plan. The NPS recognizes that this is along-term plan, and, in the framework of the plan, park managers would take incremental steps to reach park management goals and objectives. While some of the actions can be accomplished with little or no funding, some actions would require more detailed implementation plans, site specific environmental analysis and/or cultural compliance, and additional funds. The park would actively seek alternative sources of funding, but there is no guarantee that all the components of the plan would be implemented. As a delegated EIS, the official responsible for the final decision is the Regional Director, Pacific West Region; subsequently the official with responsibility for implementing the approved plan would be the Superintendent, Olympic National Park.

The Fish and Wildlife Service (Service) announces the availability of the final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact for the Shawangunk Grasslands National Wildlife Refuge (NWR). Prepared in conformance with the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969, the plan describes how we intend to manage that refuge over the next 15 years.

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 250, subpart O, ``Well Control and Production Safety Training.'' This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

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 parts 227Delegation to States; 228Cooperative Activities with States and Indian Tribes; and 229Delegation to States. 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 227 Delegation to States; 30 CFR Part 228Cooperative Activities with States and Indian Tribes; and 30 CFR Part 229Delegation to States.'' We changed the title of this ICR to clarify the regulatory language we are covering under 30 CFR parts 227, 228, and 229 and to reflect OMB approval of consolidation of two ICRs, titled: ICR 1010-0087: 30 CFR Part 228Cooperative Activities with States and Indian Tribes; and ICR 1010-0088: 30 CFR Part 227Delegation to States. In the two ICRs, much of the general information was repeated and cross-referenced. This consolidated ICR 1010-0087 eliminates that duplication of effort and redundancy of data and also includes 30 CFR part 229 information collection burden hours, which were not included in the previous information collections (ICRs 1010-0087 and 1010-0088).

We, the U. S. Fish and Wildlife Service (Service), under the Endangered Species Act of 1973, as amended (Act), have determined that it is not prudent to designate critical habitat for the jaguar (Panthera onca). This determination is based on a thorough review of the best available data, which indicate that there are no areas in the United States that meet the definition of critical habitat as defined in the Act. As such, designation of critical habitat would not be beneficial to the species and therefore is not prudent.

Pursuant to the National Environmental Policy Act (NEPA), the Bureau of Reclamation (Reclamation) intends to prepare an EIS for the Delta-Mendota Canal/California Aqueduct Intertie (Intertie). A primary purpose of the Intertie is to allow for operation and maintenance activities on the Tracy pumping plant and fish facility, the Delta- Mendota Canal, and the O'Neill pumping plant and intake canal. A Draft EIS is expected to be available in May 2007. The Intertie consists of constructing and operating a pumping plant and pipeline connection between the Delta Mendota Canal (DMC) and the California Aqueduct. The Intertie would be used in a number of ways to achieve multiple benefits, including meeting current water supply demands, allowing for the maintenance and repair of the Central Valley Project (CVP) Delta export and conveyance facilities, and providing operational flexibility to respond to emergencies related to both the CVP and State Water Project (SWP). Reclamation decided to withdraw the recently published Finding of No Significant Impact and Environmental Assessment (EA) for the Intertie and to initiate an EIS based on public challenge to the EA content and conclusions.

The Bureau of Land Management (BLM) amends its regulations concerning how BLM administers livestock grazing on public lands. The changes ensure that BLM documents its consideration of the social, cultural, environmental, and economic consequences of grazing changes; provide that changes in grazing use will be phased in under certain circumstances; allow permittees, lessees, and others to share title to range improvements with BLM in certain circumstances; make clear how BLM will authorize grazing if a BLM decision affecting a grazing permit is stayed pending administrative appeal; remove provisions in the present regulations concerning conservation use grazing permits; ensure adequate time for developing and successfully implementing an appropriate management action when BLM finds that rangelands do not meet standards and guidelines for rangeland health and that authorized grazing is a significant factor in not achieving one or more land health standards or not conforming with guidelines for grazing administration; and revise some administrative service charges. We intend these changes to contribute to improving working relationships with permittees and lessees, protecting the health of the rangelands and increasing administrative efficiency and effectiveness.

In accordance with the National Environmental Policy Act (NEPA) of 1969 and the Federal Land Policy and Management Act (FLPMA) of 1976, the BLM has prepared a Draft Environmental Impact Statement (DEIS) to analyze and undertake the Eastside Township Fuels and Vegetation Project, and by this notice is announcing the opening of the comment period.

The U.S. Fish and Wildlife Service announces that the Final Comprehensive Conservation Plan (CCP) and Environmental Impact Statement (EIS) is available for Upper Mississippi River National Wildlife and Fish Refuge. The Final CCP/EIS was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969. Goals and objectives in the CCP describe how the agency intends to manage the refuge over the next 15 years.

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and the Federal Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1701 et seq.), the Bureau of Land Management (BLM) has prepared a proposed Resource Management Plan/ Final Environmental Impact Statement (PRMP/FEIS) for the East Alaska Planning Area.

Great Sand Dunes National Park and Preserve announces a meeting of the Great Sand Dunes National Park Advisory Council, which was established to provide guidance to the Secretary on long-term planning for Great Sand Dunes National Park and Preserve.

Pursuant to the provisions of the National Environmental Policy Act of 1969 (Pub. L. 91-190) and Council on Environmental Quality's implementing regulations (40 CFR 1502.9(c)), the U.S. Department of Interior, National Park Service (NPS), is initiating the scoping phase of the conservation planning and environmental impact analysis process for updating the General Management Plan (GMP) for lava Beds National Monument (Monument). Following the scoping phase and consideration of public concerns and other agency comments, a Draft Environmental Impact Statement for the GMP will be prepared and released for public review. The GMP will address desired conditions for the Monument, uses or treatment needs for resource protection, visitor use and other management goals; it will serve as a ``blueprint'' to guide future management for the next 15-20 years. The purpose of the scoping outreach efforts is to elicit early public comment regarding issues and concerns, the nature and extent of potential environmental impacts (and as appropriate, mitigation measures), and alternatives which should be addressed in the plan update. Consistent with NPS Planning Program Standards the updated GMP will: (1) Describe the Monument's purpose, significance, and primary interpretive themes; (2) identify the fundamental resources and values of the Monument, its other important resources and values, and describe the condition of these resources; (3) describe desired conditions for cultural and natural resources and visitor experiences throughout the Monument; (4) develop management zoning to support these desired conditions; (5) develop alternative applications of these management zones to the Monument landscape (i.e., zoning alternatives); (6) address user capacity; (7) analyze potential boundary modifications; (8) ensure that management recommendations are developed in consultation with interested stakeholders and the public and adopted by NPS leadership after an adequate analysis of the benefits, environmental impacts, and economic costs of alternative courses of action; and (9) identify and prioritize subsequent detailed studies, plans and actions that may be needed to implement the updated GMP. Scoping: Through the outreach activities planned in the scoping phase, the NPS welcomes information and suggestions from the public regarding resource protection, visitor use, and land management. This notice formally initiates the public scoping comment phase for the EIS process for the GMP update. All scoping comments must be postmarked or transmitted not later than September 2, 2006. All written responses should be submitted to the following address: General Management Plan, Lava Beds National Monument, Attn.: Craig Dorman, Superintendent, 1 Indian Well Headquarters, Tulelake, CA 96134. As noted, a key purpose of the scoping process is to elicit early public comment on matters which should be considered in updating the GMP in order to inform the development of the Draft EIS. At this time it is expected that three public meetings will be hosted in towns near the Monument during June 5-8, 2006. Detailed information regarding these meetings will be posted on the GMP Web site (https://parkplanning.nps.gov/labe). All attendees will be given the opportunity to ask questions and provide comments to the planning team. The GMP Web site will provide the most up-to-date information regarding the project, including project description, planning process updates, meeting notices, reports and documents, and useful links associated with the project. It is the practice of the NPS to make all comments, including names and addresses of respondents who provide that information, available for public review. NPS will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organzations or businesses, available for public inspection in their entirety. Individuals may request that the NPS withhold their name and/or address from public disclosure. If you wish to do this, you must state this prominently at the beginning of your comments. Respondents using the Web site can make such a request by checking the box: ``keep my contact information private.'' NPS will honor such requests to the extent allowable by law, but you should be aware that NPS may still be required to disclose your name and address pursuant to the Freedom of Information Act.

Pursuant to the National Environmental Policy Act (NEPA) of 1969 (Pub. L. 91-190, Sec. 102(2)(c), and the Council on Environmental Quality regulations for implementing NEPA (40 CFR 1500-1508), the U.S. Department of the Interior, National Park Service, and its cooperating agency have completed the Final Environmental Impact Statement (FEIS) for the proposed reconstruction of the Furnace Creek Water Collection System. This water collection system reconstruction project is located in the Furnace Creek area of Death Valley National Park, California. The proposed project would rebuild the outdated water collection system in the Furnace Creek area to deliver a safe and reliable potable and nonpotable water supply to the park's main visitor use area. The FEIS was prepared in accordance with the National Park Service NEPA guidelines (Director's Order 12).

Under provisions of the Paperwork Reduction Act of 1995 and 5 CFR part 1320, Reporting and Record Keeping Requirements, the National park Service (NPS) invites public comments on an extension of a currently approved information collection (OMB 1024-0125).

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) Front Range Resource Advisory Council (RAC), will meet as indicated below.

As required by the Federal Advisory Committee Act, Public Law 92-463, the Department of the Interior, Natural Resource Damage Assessment and Restoration Program Office gives notice of the upcoming meeting of the Department's Natural Resource Damage Assessment and Restoration Advisory Committee. The Advisory Committee will meet in the Rio Grande Room in Building 67 on the Denver Federal Center from 8:30 a.m. to 5 p.m. mountain time on July 26 and July 27, 2006. Members of the public are invited to attend the Committee Meeting to listen to the committee proceedings and to provide public input. Public Input: Any member of the public interested in providing public input at the Committee Meeting should contact Ms. Barbara Schmalz, whose contact information is listed under the FOR FURTHER INFORMATION CONTACT section of this notice. Each individual providing oral input is requested to limit those comments to three minutes. This time frame may be adjusted to accommodate all those who would like to speak. Requests to be added to the public speaker list must be received in writing (letter, e-mail, or fax) by noon mountain time on July 18, 2006. Anyone wishing to submit written comments should provide a copy of those comments to Ms. Schmalz in the following formats: one hard copy with original signature, and one electronic copy via e-mail (acceptable file formats are: Adobe Acrobat, WordPerfect, Word, or Rich Text files) by noon mountain time on July 18, 2006. Document Availability: In preparation for this meeting of the Advisory Committee, the Committee and the public can find helpful background information at the Restoration Program Web site https:// restoration.doi.gov. The site provides a good introduction to the program for those who are relatively new to the damage assessment and restoration arena and a useful reference for seasoned practitioners and policy leaders. Links to the statutory and regulatory framework for the program are found at https://restoration.doi.gov/laws.htm. DOI Program policies are found at https://restoration.doi.gov/policy.htm. Reference materials and preliminary subcommittee reports will also be posted on the site as they become available from the four subcommittees. After July 18, interested individuals may view the draft agenda for the meeting online at https://restoration.doi.gov/faca or may request the draft agenda from Ms. Schmalz.

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.), the Federal Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1701 et seq.), and the National Forest Management Act of 1976 (NFMA, 16 U.S.C. 1600-1614 et seq.), the USDA Forest Service and Bureau of Land Management (collectively the Agencies) have prepared a Draft Supplement to the 2004 Final Environmental Impact Statement To Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (Draft Supplement). The Final Environmental Impact Statement To Remove or Modify the Survey and Manage Mitigation Measure Standards and Guidelines (2004 FSEIS), dated January 2004, examined the environmental effects of a proposal by the Agencies to amend 28 land and resource management plans on National Forests and Bureau of Land Management Districts within the range of the northern spotted owl in western Oregon, western Washington, and northern California. The Draft Supplement is available for public review.