Department of the Interior July 2006 – Federal Register Recent Federal Regulation Documents
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Endangered Species Recovery Permit Applications
We invite the public to comment on the following applications to conduct certain activities with endangered species.
North Dakota Regulatory Program
We are announcing receipt of a proposed amendment to the North Dakota regulatory program (hereinafter, the ``North Dakota program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). North Dakota intends to revise its program to incorporate the additional flexibility afforded by the revised Federal regulations, clarify ambiguities, and improve operational efficiency. This document gives the times and locations that the North Dakota program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Wyoming Regulatory Program
We are announcing the receipt of additional explanatory information pertaining to a previously proposed amendment to the Wyoming regulatory program (hereinafter, ``the Wyoming program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). In lieu of changing the proposed rule language, as we suggested in our issue letter, Wyoming has submitted additional explanatory information about its self-bonding rules (Rule Package 1-U) with respect to the inclusion of foreign assets as part of a company's tangible net worth and the eligibility of foreign companies to self- bond or guarantee a self-bond. We are seeking input on whether the Wyoming explanation provides sufficient basis for us to approve the proposed amendment.
Pennsylvania Regulatory Program
OSM is announcing the receipt of a proposed amendment to the Pennsylvania regulatory program (hereinafter, the ``Pennsylvania program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The proposed amendment (Administrative Record Number PA 887.00) was submitted to clarify the requirements for shaft and slope development and other issues relating to blasting at a mine site. This document gives the times and locations that the Pennsylvania program and this submittal are available for your inspection, the comment period during which you may submit written comments, and the procedures that we will follow for the public hearing, if one is requested.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.
Notice of Intent To Prepare an Environmental Impact Statement for the City of Santee Multiple Species Conservation Program Subarea Plan, San Diego County, CA
Pursuant to the National Environmental Policy Act (NEPA), the Fish and Wildlife Service (Service), advise the public that we intend to gather information necessary to prepare, in coordination with the City of Santee (Applicant), a joint Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) for the City of Santee's Subarea Plan (Subarea Plan) under the Multiple Species Conservation Program (MSCP) in accordance with section 10(a)(1)(B) of the Federal Endangered Species Act (ESA) and the State of California's Natural Community Conservation Planning Act. The Service provides this notice to: Describe the proposed actions and possible alternatives; (2) advise other Federal and State agencies, affected tribes, and the public of our intent to prepare an EIS/EIR; (3) announce the initiation of a public scoping period; and (4) obtain suggestions and information on the scope of issues and alternatives to be included in the EIS/EIR.
Notice of Filing of Plats of Survey, Nebraska
The Bureau of Land Management (BLM) is scheduled to file the plats of surveys of the lands described below thirty (30) calendar days from the date of this publication in the BLM Wyoming State Office, Cheyenne, Wyoming.
Notice of Availability of the Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Southern California Edison Devers-Palo Verde No. 2 Transmission Line Project, California
In accordance with the National Environmental Policy Act (NEPA) of 1969, as amended (Pub. L. 91-190, 42 U.S.C. 4321-4347), and 40 CFR parts 1500-1508, the Bureau of Land Management (BLM), together with the California Public Utilities Commission (CPUC), hereby gives notice that the Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Southern California Edison Company (SCE) Devers-Palo Verde No. 2 Transmission Line Project is available for public review and comment. The BLM is the lead Federal agency for the preparation of this EIS in compliance with the requirements of NEPA. The CPUC is the lead State of California agency for the preparation of this EIR in compliance with the requirements of the California Environmental Quality Act (CEQA). This notice serves as an invitation for the public and other cooperating agencies to provide comments on the scope and content of the Draft EIS/EIR.
Endangered and Threatened Wildlife and Plants; 5-Year Review of 19 Southeastern Species
The U.S. Fish and Wildlife Service (Service) announces 5-year reviews of the duskytail darter (Etheostoma percnurum), snail darter (Percina tanasi), smoky madtom (Noturus baileyi), yellowfin madtom (Noturus flavipinnus), Carolina heelsplitter (Lasmigona decorata), birdwing pearlymussel (Conradilla caelata), cracking pearlymussel (Hemistena lata), dromedary pearlymussel (Dromus dromus), little wing pearlymussel (Pegias fabula), fine-rayed pigtoe (Fusconaia cuneolus), shiny pigtoe (Fusconaia cor), ring pink (Obovaria retusa), royal marstonia (snail) (Pyrgulopsis ogmorhaphe), Braun's rockcress (Arabis perstellata), golden sedge (Carex lutea), mountain golden heather (Hudsonia montana), Canby's dropwort (Oxypolis canbyi), Ruth's golden aster (Pityopsis ruthii), and American hart's-tongue fern (Asplenium scolopendrium var. americanum) under section 4(c)(2) of the Endangered Species Act of 1973, as amended (Act). 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 (50 CFR 17.11 and 17.12) is accurate. A 5-year review is an assessment of the best scientific and commercial data available at the time of the review.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
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 of oil and gas lease COC68455 from Western Energy Resources Inc. for lands in Gunnison County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
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 of oil and gas lease COC68483 from Western Energy Resources Inc. for lands in Gunnison County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
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 of oil and gas lease COC64777 from Vessels Coal Gas Inc for lands in Delta County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Submission of Collection of Water Delivery and Electric Service Data for the Operation of Irrigation and Power Projects and Systems to the Office of Management and Budget
As required by the Paperwork Reduction Act, the Bureau of Indian Affairs (BIA) is submitting the information collection titled: Electrical Service Application, 25 CFR 175, OMB Control Number 1076- 0021, and Water Request, 25 CFR 171, OMB Central Number 1076-0141, for reinstatement, review, and approval. These collections expired during the Paperwork Reduction Act renewal process.
Notice of Availability of a Final Environmental Impact Statement/Environmental Impact Report on the Bair Island Restoration and Management Plan, Don Edwards San Francisco Bay National Wildlife Refuge and the Bair Island State Ecological Reserve, San Mateo County, CA
This notice advises the public of the availability of the Final Environmental Impact Statement/Environmental Impact Report (Final EIS/EIR) for the Bair Island Restoration and Management Plan. The Record of Decision will be signed no sooner than 30 days after this notice. The Fish and Wildlife Service (Service) and the California Department of Fish and Game (CDFG) plan to restore to tidal action 1,400 acres of former salt ponds on Bair Island, a unit of the Don Edwards San Francisco Bay National Wildlife Refuge (Refuge) and the Bair Island State Ecological Reserve in South San Francisco Bay. The restoration would involve breaching existing former commercial salt pond levees, adding flow restricters to Corkscrew Slough, and adding wildlife-oriented public use facilities. It could also include rerouting Smith Slough to its former slough bed and raising the bottom elevation of Inner Bair Island with dredge and/or fill material or adding water control structures to Inner Bair Island.
Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations; Notice of Meetings
The U.S. Fish and Wildlife Service (hereinafter Service or we) is proposing to establish the 2006-07 early-season hunting regulations for certain migratory game birds. We annually prescribe frameworks, or outer limits, for dates and times when hunting may occur and the maximum number of birds that may be taken and possessed in early seasons. Early seasons may open as early as September 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. These frameworks are necessary to allow State selections of specific final seasons and limits and to allow recreational harvest at levels compatible with population status and habitat conditions.
Receipt of Applications for Endangered Species Permits
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Plan of Operations and Environmental Assessment for the Dunn-Murdock Well #1 Redrill by Kindee Oil and Gas Texas, LLC, Padre Island National Seashore, TX
Notice is hereby given in accordance with Section 9.52(b) of Title 36 of the Code of Federal Regulations, Part 9, Subpart B, of a Plan of Operations submitted by Kindee Oil and Gas Texas, LLC, for the Dunn-Murdock 1 Well Redrill in Padre Island National Seashore, Kenedy County, Texas. Additionally, the NPS has prepared an Environmental Assessment for this proposal.
30-Day Notice of Intention To Request Clearance of Collection of Information; Opportunity for Public Comment
Under the provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C., Chapter 3507), and 5 CFR Part 1320, Report and Recordkeeping Requirements, the National Park Service invites public comments on a submitted request for the Office of Managment and Budget (OMB) to approve a revision of a currently approved collection. (OMB 1024-0009). The Primary Purpose of the Information Collection Request is to request approval for Federal tax incentives for historic preservation contained in Section 47 of the Internal Revenue Code. Section 47 of the Code requires that the Secretary of the Interior certify to the Secretary of the Treasury upon application by owners of historic properties for Federal tax benefits, (a) the historic character of the property, and (b) that the rehabilitation work is consistent with that historic character. The NPS administers the program in partnership with the Internal Revenue Service. The Historic Preservation Certification Application is used by the NPS to evaluate the condition and historic significance of buildings undergoing rehabilitation for continued use, and to evaluate whether the rehabilitation work meets the Secretary of the Interior's ``Standards for Rehabilitation.''
Cedar Creek and Belle Grove National Historical Park Advisory Commission
Notice is hereby given in accordance with the Federal Advisory Committee Act that meetings of the Cedar Creek and Belle Grove National Historical Park Advisory Commission will be held to discuss the development of the Park's general management plan. Dates and Locations: September 21, 2006 at the Warren County Government Center, 220 N. Commerce Ave., Front Royal VA; November 16, 2006 at the Strasburg Town Hall Council Chambers, 174 East King St., Strasburg, VA; January 18, 2007 at the Middletown Town Hall Council Chambers, 7875 Church St., Middletown, VA; March 15, 2007, at the Warren County Government Center; May 17, 2007 at the Strasburg Town Hall; and July 19, 2007 at the Middletown Town Hall. All meetings will convene at 9 a.m. and are open to the public.
Notice of Public Meeting, Eastern Washington Resource Advisory Council Meeting
In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management Eastern Washington Resource Advisory Council will meet as indicated below.
Meeting Notice for the Southeast Oregon Resource Advisory Council
The Southeast Oregon Resource Advisory Council (SEORAC) will hold a meeting Monday, August 7 from 8 a.m. to 4 p.m., at the Holiday Inn Ontario, 1249 Tapadera Avenue, Ontario, Oregon 97914. A field trip to the Bully Creek area of the Vale District Bureau of Land Management (BLM) for SEORAC members will follow on Tuesday, August 8. Agenda items for Monday's session include liaison reports from SEORAC members; updates from Designated Federal Officials; follow-up information sharing on the Grazing Administration Rule, the Recreation Resource Advisory Council (RAC), and Statewide transportation planning and a joint sub-committee with the John Day/Snake RAC; review of SEORAC jurisdictional boundaries and district-by-district planning efforts through fiscal year 2007; and discussion on the Malheur National Forest Plan, energy issues, the monitoring pilot project, and possible RAC involvement. Other matters that may reasonably come before the SEORAC may also be addressed. The public is welcome to attend all portions of the meeting and may contribute during the public comment session at 11 a.m. Those who verbally address the SEORAC during public comment are asked to also provide a written statement of their comments or presentation. Unless otherwise approved by the SEORAC Chair, the public comment period will last no longer than 30 minutes, and each speaker may address the SEORAC for a maximum of 5 minutes. If you have information you would like distributed to SEORAC members, please send it to Sally Nelson at the Burns District Office, 28910 Hwy 20 West, Hines, Oregon 97738, prior to the start of the meeting.
Cancellation of the Pinedale Anticline Working Group Meeting
The August 1, 2006 PAWG meeting has been cancelled. Another PAWG meeting will be announced when new PAWG members have been appointed.
Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Red Cliff Coal Mine, Railroad Spur Line, and Other Associated Surface Facilities in Garfield County and Mesa County, CO
Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA) and the Federal Land Policy and Management Act of 1976, notice is hereby given that the Bureau of Land Management (BLM), Grand Junction Field Office located in Grand Junction, CO, will be directing the preparation of an Environmental Impact Statement (EIS) for the Proposed Red Cliff Coal Mine near Loma, Colorado, including Right-of-Way and Land Use Applications for facilities on Federal Lands, submitted by CAM-Colorado, LLC (CAM). The EIS will analyze the development of surface facilities for coal mining associated with CAM's proposed underground Red Cliff Mine, including roads, a water pipeline, coal stockpile and waste disposal areas, a coal preparation plant, the mine portal, other administrative and operations facilities, and a railroad spur line that would connect to the existing Union Pacific Railroad line near Mack, Colorado. Cooperating agencies include the U.S. Army Corps of Engineers, the Office of Surface Mining, the Colorado Department of Natural Resources, Mesa County, and Garfield County. The BLM invites the public to participate in the NEPA process.
Request for Public Nomination of Qualified Properties for Potential Purchase by the Federal Government in the State of Arizona
In accordance with the Federal Land Transaction Facilitation Act of 2000 (43 U.S.C. 2303) (FLTFA), this notice provides the public the opportunity to nominate lands within the State of Arizona for possible acquisition by the Federal agencies identified below. Such lands must be (1) inholdings within a federally designated area or (2) lands that are adjacent to federally designated areas and contain exceptional resources.
Public Land Order No. 7666; Partial Revocation of Six Bureau of Reclamation Project Withdrawal Orders; Utah
This order partially revokes four Secretarial Orders, one Bureau of Reclamation Order, and one Public Land Order insofar as they affect approximately 25,133 acres of lands withdrawn for the Bureau of Reclamation's Central Utah and Strawberry Valley Projects. This order opens approximately 24,293 acres of Federal lands to such forms of disposition as may by law be authorized on National Forest System lands and to mining.
Public Land Order No. 7667; Extension of Public Land Order No. 6619; Wisconsin
This order extends Public Land Order No. 6619 for an additional 20-year period. This extension is necessary to allow the U.S. Fish and Wildlife Service to continue to manage the land as part of the Necedah National Wildlife Refuge.
Public Land Order No. 7668; Withdrawal of National Forest System Lands for the Utah Lake Drainage Basin and Diamond Fork Systems, Bonneville Unit of the Central Utah Project; Utah
This order withdraws approximately 6,450 acres of National Forest System lands from location and entry under the United States mining laws, for a term of 20 years, and reserves the lands for the Department of the Interior, Central Utah Project Completion Act Office for use in conjunction with the Utah Lake Drainage Basin and Diamond Fork Systems, Bonneville Unit of the Central Utah Project.
Notice of Federal Competitive Coal Lease Sale, Utah
Notice is hereby given that the United States Department of the Interior, Bureau of Land Management (BLM) Utah State Office will offer certain coal resources described below as the Mill Fork West Tract (UTU-84285) in Emery County, Utah, for competitive sale by sealed bid, in accordance with the provisions for competitive lease sale notices in 43 CFR 3422.2(a), and the Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 et seq).
Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
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 Fellows Energy Ltd. for competitive oil and gas lease WYW158351 for land in Weston 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.
30-Day Notice of Request for Clearance of Collection of Information to the Office of Management and Budget; Opportunity for Public Comment
Under provisions of the Paperwork Reduction Act of 1995 and 5 CFR part 1320, Reporting and Record Keeping Requirements, the National Park Service invites comments on a proposed new collection of information (1024-xxxx).
Emergency Exemption: Issuance of Permit for Endangered Species
The following permit was issued.
Issuance of Permits
The following permits were issued.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.
Notice of Availability of a Draft Environmental Impact Statement for a Drought Management Plan for Operation of the Kerr Hydroelectric Project, Flathead Lake, MT
The Bureau of Indian Affairs (BIA) announces the availability of a draft Environmental Impact Statement (EIS) for a drought management plan for the operation of the Kerr Hydroelectric Project, Flathead Lake, Montana. In addition to mailing the draft EIS to cooperating agencies and those who previously requested the document, the BIA has made the draft EIS available at the Polson City Library, 2 First Avenue East, Polson, Montana, and the Flathead County Library, 247 First Avenue East, Kalispell, Montana. Additionally, the draft EIS may be obtained on the following Web site: https://www.flatheadlake- eis.com. The purpose of this notice is to inform the public, other Federal agencies, tribal, State, and local governments, organizations and businesses of the availability of the draft EIS and to announce public hearings to discuss the draft EIS.
Post-Delisting Monitoring Plan for the Douglas County Distinct Population Segment of the Columbian White-tailed Deer (Odocoileus virginianus leucurus)
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Post-Delisting Monitoring Plan for the Douglas County Distinct Population Segment of the Columbian White-tailed Deer (Odocoileus virginianus leucurus). The monitoring plan describes the methods that are being used to monitor the status of the Douglas County distinct population segment of the Columbian white-tailed deer and its habitat for a 5-year period, from 2003 (at the time of delisting) to 2008. The plan also provides a strategy for identifying and responding to unexpected population declines and habitat alteration, as well as disease outbreaks.
Draft Comprehensive Conservation Plan and Environmental Assessment for Horicon National Wildlife Refuge (NWR) in Dodge and Fond du Lac Counties, Wisconsin and Fox River NWR in Marquette County, Wisconsin
The U.S. Fish and Wildlife Service has announced that a Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) is available for Horicon and Fox River NWRs, Wisconsin. The CCP 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.
Notice of Intent To Prepare a Comprehensive Conservation Plan and Environmental Assessment for the San Pablo Bay National Wildlife Refuge
The U.S. Fish and Wildlife Service (Service) is preparing a Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the San Pablo Bay National Wildlife Refuge (Refuge) located in Solano, Napa and Sonoma Counties of California. This notice advises the public that the Service intends to gather information necessary to prepare a CCP and EA pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended, and the National Environmental Policy Act (NEPA). The public and other agencies are encouraged to participate in the planning process by sending written comments on management actions that the Service should consider. The Service is also furnishing this notice in compliance with the Service CCP policy to obtain suggestions and information on the scope of issues to include in the CCP and EA. Opportunities for public input will be announced throughout the CCP/EA planning and development process.
Notice of Availability, Draft Natural Resource Restoration Plan and National Environmental Policy Act Environmental Assessment for the W.R. Grace Superfund Site, Wayne Township, Passaic County, New Jersey
The U.S. Fish and Wildlife Service (Service), on behalf of the Department of the Interior (DOI) as a Natural Resource Trustee (Trustee), announces the release for public review of the Draft Natural Resource Restoration Plan and National Environmental Policy Act (NEPA) Environmental Assessment (RP/EA) for the W.R. Grace Superfund Site, Wayne Township, Passaic County, New Jersey. The Draft RP/EA describes the DOI's proposal to restore natural resources injured as a result of contamination at the W.R. Grace Superfund Site.
Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population of Northern Aplomado Falcons in New Mexico and Arizona
We, the U.S. Fish and Wildlife Service (Service), plan to reintroduce northern aplomado falcons (Falco femoralis septentrionalis) (falcon) into their historical habitat in southern New Mexico for the purpose of establishing a viable resident population in New Mexico and Arizona. The falcon is being re-established under section 10(j) of the Endangered Species Act of 1973, as amended (Act), and would be classified as a nonessential experimental population (NEP). The geographic boundary of the NEP includes all of New Mexico and Arizona. This action is part of a series of reintroductions and other recovery actions that the Service, Federal and State agencies, and other partners are conducting throughout the species'' historical range. This final rule provides a plan for establishing the NEP and provides for limited allowable legal taking of the northern aplomado falcon within the defined NEP area. Birds can only be released when they are a few weeks old, and this condition only occurs in the spring and summer of each year. In order to accomplish a release in 2006, we must expedite on-the-ground implementation.
Minor Boundary Revision at Fire Island National Seashore
Notice is given that that the western boundary of Fire Island National Seashore is revised to include Tract No. 17-04 as depicted on map number 615/81,487 prepared by the National Park Service in October 2005. This map and other supporting documentation are available for inspection at the National Park Service, Northeast Region, Land Resources Division, New England Office, 222 Merrimack Street, Suite 400E, Lowell, Massachusetts 01852, and in the Offices of the National Park Service, Department of the Interior, Washington, DC 20240.
Lake Woodruff National Wildlife Refuge
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 mangers 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.
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