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

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), as amended, notice is hereby given that the Bureau of Land Management (BLM), together with the California Public Utilities Commission (CPUC), intend to prepare a joint Environmental Impact Statement and Environmental Impact Report (EIS/EIR), and a proposed land use plan amendment to the 1980 California Desert Conservation Area Plan, (CDCA Plan), as amended for the Sunrise Powerlink Project (Project) proposed by San Diego Gas & Electric Company (SDG&E). The project would consist of the construction and operation of one new 500 kilovolt (kV) and three new 230 kV transmission lines in Imperial and San Diego Counties. BLM is the lead Federal agency for the preparation of this EIS in compliance with the requirements of NEPA. 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 publishes the Liquor Control Ordinance of the Pawnee Nation of Oklahoma (Tribe). The Ordinance regulates and controls the possession, sale and consumption of liquor within the Pawnee Nation of Oklahoma including all land within the definition of ``Indian country'' as established and described by Federal law under the jurisdiction of the Tribe. This Ordinance allows for possession and sale of alcoholic beverages within the Pawnee Nation, and increases the ability of the tribal government to control the Tribe's liquor distribution and possession. At the same time it will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.

This provides notice of the Federal Subsistence Board's in- season management action to remove closure restrictions on non- Federally qualified users in the Red Sheep and Cane Creek drainages of the Arctic Village Sheep Management Area. The Board's action provides an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on June 30, 2006. Those regulations established seasons, harvest limits, methods, and means relating to the taking of wildlife for subsistence uses during the 2006 regulatory year.

This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits of mourning, white-winged, and white- tipped doves; band-tailed pigeons; rails; moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early (September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; and some extended falconry seasons. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits taking of designated species during the 2006-07 season.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are finalizing minor changes to our regulations to improve the quality and diversity of revegetation in the reclamation of coal mined lands. These revisions govern topsoil redistribution and revegetation success standards and will: Encourage species diversity on reclaimed lands by allowing replacement of soil in variable thicknesses; provide more flexibility to States in using new vegetative success standards and sampling techniques by removing the current requirement that such changes be included in the approved regulatory program; define success standards for lands with an undeveloped land postmining land use; remove shelter belts from the list of postmining land uses subject to success standards; provide more flexibility to operators when they demonstrate compliance with time-in-place requirements by allowing them to consider all trees and shrubs in place at bond release, including volunteer trees and shrubs, and not requiring them to verify the length of time that individual trees and shrubs have been in placethis change will remove a significant impediment to reforestation of mined lands; and make the timing of revegetation success measurements in areas receiving 26 inches of annual precipitation or less consistent with those in areas receiving more than 26 inches of annual precipitation.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to reclassify the Sonoran Desert population of the bald eagle (Haliaeetus leucocephalus) in central Arizona and northwestern Mexico as a distinct population segment, list that distinct population segment as endangered, and designate critical habitat for that distinct population segment under the Endangered Species Act of 1973, as amended (Act). On the basis of a review of the information contained within the petition, we find that the petition does not provide substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, we will not initiate a further status review in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of this population of the bald eagle or threats to it.

The McInnis Canyons National Conservation Area (MCNCA) Advisory Council will hold two additional meetings, scheduled on September 21, 2006 and December 14, 2006. The meetings will begin at 4 p.m. and will be held at the Mesa County Administration Building; 544 Rood Avenue, Grand Junction, CO.

NOAA and the USFWS are issuing final regulations for the Northwestern Hawaiian Islands Marine National Monument. This action codifies the prohibitions and management measures set forth in Presidential Proclamation 8031 establishing the Monument. The rule is effective immediately.

Paul Athanas (Applicant) requests an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking about 0.275 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and possibly nesting habitat, incidental to lot preparation for the construction of a single-family residence and supporting infrastructure in Sarasota County, Florida (Project). The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project to the Florida scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below.

We are announcing 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). Pennsylvania proposes to revise its program concerning reclamation fees, financial guarantees for bonding, money received from fees, the definition of reclamation, reclamation of bond forfeiture sites, alternate reclamation plans for bond forfeiture sites, bond forfeiture sites where reclamation is unreasonable, unnecessary or impossible, and evaluation of bond sites. The proposed amendments are intended to revise the Pennsylvania program to be consistent with the corresponding Federal regulations and to amend provisions at its own initiative. 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.

We are approving an amendment to the Wyoming regulatory program (``Program'' or ``Wyoming program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). It involves revisions to and additions of rules about bonding, revegetation and highwall retention. Wyoming intends to revise its program to be consistent with the corresponding Federal regulations, and clarify ambiguities and improve operational efficiency.

The U.S. Department of the Interior's Office of Insular Affairs will make available for comment its draft report produced pursuant to sec. 251 of the Energy Policy Act of 2005 (Pub. L. 109-58), concerning power utilities and energy usage in the U.S.-affiliated insular areas. These areas include the territories of Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and American Samoa, as well as the freely associated states of the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia. The report was produced in consultation with the consultation with the U.S. Department of Energy. The draft report will be available on the Web site of the Department of the Interior's Office of Insular Affairs; the comments will be used to produce the final draft of the report by the end of FY 2006.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving a partial abandoned mine land reclamation (AMLR) plan under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Mississippi proposed revisions to and addition of statutes to the Mississippi Surface Coal Mining and Reclamation Law in order to authorize and establish an AMLR plan. The purpose of this amendment is to demonstrate both the intent and capability to assume responsibility for administering and conducting an AMLR plan.

Notice is hereby given in accordance with Sec. 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 Wilson Well No. 1 in Padre Island National Seashore, Kenedy County, Texas. Additionally, the NPS has prepared an Environmental Assessment for this proposal.

The Bureau of Land Management (BLM) has examined and found suitable for classification for lease or conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, 43.87 acres of public land in Las Vegas, Clark County, Nevada. Clark County School District proposes to use the land for development of a public high school.

The Bureau of Land Management (BLM) proposes a direct (non- competitive) sale of a parcel of public land, 0.52 acres located in Santa Fe County, New Mexico. The described public land has been examined and through the land use planning process has been determined to be suitable for disposal by direct sale pursuant to Section 203 of the Federal Land Policy and Management Act of 1976 (90 Stat. 2750, 43 U.S.C. 1713), as amended, and 43 Code of Federal Regulations 2711.3- 3(a)(5), at no less than the appraised fair market value. The sale will resolve the inadvertent trespass by Terry H. Conley.

In accordance with the Federal Advisory Committee Act, the California Bay-Delta Public Advisory Committee (Committee) will meet on September 13, 2006. The agenda for the Committee meeting will include discussions with State and Federal agency representatives on the end of Stage 1 decisions and the planning for State 2 of the CALFED Bay-Delta Program, Program Plans, and the restructuring of the Committee subcommittees. The meeting will also include updates on science, Delta Vision, Delta Risk Management Strategy, and the Bay-Delta Conservation Plan.

The Minerals Management Service requests comments on the Proposed 5-Year OCS Oil and Gas Leasing Program for 2007-2012. This is the second draft of a new program to succeed the current program that expires on June 30, 2007. The first proposalthe draft proposed programwas issued in February for a 60-day comment period that closed on April 11, 2006. Section 18 of the OCS Lands Act (43 U.S.C. 1344) specifies a multi- step process of consultation and analysis that must be completed before the Secretary of the Interior may approve a new 5-year program. The required steps following this notice include the development of a proposed final program and Secretarial approval. Pursuant to the National Environmental Policy Act (NEPA), the MMS also will publish a Final EIS for the new 5-year program.