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

The Oakmont Industrial Group (Applicant) has applied to the Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended. The Service is considering issuing a 5-year permit to the Applicant that would authorize take of the federally endangered Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis; DSF). The proposed permit would authorize the incidental taking of individual DSF. The permit is needed by the Applicant because take of DSF could occur during the proposed construction of a commercial development on a 19-acre site in the City of Ontario, San Bernardino County, California. The permit application includes the proposed Habitat Conservation Plan (Plan), which describes the proposed action and the measures that the Applicant will undertake to minimize and mitigate the impact of the take of the DSF.

Pursuant to requirements of the National Environmental Policy Act of 1969 (Pub. L. 91-190), the National Park Service is initiating the conservation planning and environmental impact analysis process regarding a commercial services plan proposed for Haleakala National Park. This Notice initiates scoping for the process that is expected to result in changes to the types of commercial services offered in the park and the way they are managed by the park. Haleakala National Park proposes to develop a long-term Commercial Services Plan (CSP) so that increasing visitor use may be accommodated in a manner compatible with the park's mission; and to assure that a full range of necessary and appropriate commercial services are developed and managed so that potential impacts to cultural and natural resources and visitor experience would be minimized. The CSP will be consistent with the park's mission and purpose statements and management goals as specified in legislation and as outlined in the Strategic Plan for Haleakala National Park (fiscal year 2005-2008). Background and Preliminary Issues: Thus far, topics considered necessary to address in developing the CSP include: Assessing if, or the degree to which, commercial service uses of the park and overcrowding are contributing to the degradation of natural and cultural resources, as well as adversely affecting visitor use and appreciation of the park; determining whether public health and safety are being compromised through uncontrolled uses of the park; and evaluating whether commercial services are operated in a manner that is consistent with the mission of the park and/or whether there is a consistent portrayal by commercial service operators of the park message. Information from the public and interested groups is desired so that all pertinent issues and concerns which should be addressed in the conservation planning and environmental impact analysis for the CSP may be identified. At this time, the preliminary range of issues and public concerns deemed necessary to consider include the following: Sunrise atop Haleakala is one of the most promoted tourist activities offered by the visitor industry on Maui. The Summit area of the park frequently receives over 1,300 visitors at sunrise. The concentration of visitor use has resulted in trampling of threatened and endangered plant species, increased social trailing resulting in accelerated erosion, and introduction of non-native species. Sunrise visitation has increased over the past decade to a point that visitors in private vehicles are turned away from parking areas filled beyond capacity on a regular basis by commercial vehicles. Members of the park's Kipuna Groups on Maui indicated that the sacredness of the Haleakala Summit area is diminished by too many people visiting the site, and opportunities to conduct cultural practices in peace are limited. More than one in five visitors to the Haleakala Visitor Center before 8 a.m. felt moderately or more crowded; more than one third of the visitors surveyed before 8 a.m. saw more people than they think the park should allow. Throughout the day, there are other significant peaks of visitation that result in facilities at many park destinations being filled beyond capacity by visitors arriving in private vehicles or on commercial tours (often with simultaneous arrival of several commercial operators). When the parking areas are filled, health and safety concerns result due to inability of emergency vehicles (ambulance, law enforcement, and fire apparatus) to rapidly access these areas. Other NPS concerns include degradation of various park trails resulting partially from commercial horse tour activities. In the Summit Area, trails are used jointly by hikers and by horse riders. The trails are located in fragile ecosystems where the trail tread does not hold up well to excessive use resulting in un- natural erosion. At the trailheads and along the first three to five miles into the backcountry and designated Wilderness, trail crowding from multiple users including commercial horse and hiking tours is diminishing the experience of solitude in Wilderness. The mixed use also leads to conflicts and off-trail damage as hikers seek to move away from dust, manure, and smell of horses. Current permits allow for limited sizes of groups but do not regulate numbers of trips per day or per week. Presently commercial use activities in the Kipahulu area includes guided and unguided hikes along the park's existing visitor trails and horse tour guided trips on a separate trail designated for horses only. Commercial tours typically leave from the same pick-up points and arrive at generally the same time at Kipahulu; this combined with tour vans and buses of various sizes crowd into the parking area causing traffic congestion and crowded hiking (which in turn prompts trampling of vegetation and unsafe off-trail use). Visitor injuries and deaths have occurred in these stream areas and the park discourages visitors from entering these pools and narrow areas. Privately guided hiking activities in the Kipahulu area may also be contributing to formation of social (unauthorized) trails that follow the stream corridor and lead to upstream pools. All park visitors and service providers should be using NPS authorized and maintained trail to minimize resource; the deep trail substrate combined with very high average rainfall causes erosion, deep trenching, and very slippery and dangerous conditions. Scoping Process: At this time, the NPS invites the public, other Federal agencies, Native Hawaiian groups, state and local governments, and all other interested parties to participate in the initial scoping and in the alternative development process. For initial scoping and alternatives development, the most useful comments are those that provide the NPS with assistance in identifying environmental issues, suitable range of alternatives, and other concerns that should be considered early in the commercial services and environmental planning process for these projects. At this time it has not been determined if an Environmental Assessment or an Environmental Impact Statement will be prepared. Although it is anticipated that an Environmental Assessment will be the appropriate level of environmental compliance, this scoping process will aid in the preparation of either document (and responses during this scoping period will be helpful in making this determination). All respondents to this Notice will be included in a mailing list to be used to invite review and comment on the subsequent environmental document. The public scoping period for the commercial services plan has been initiatedall written comments must be postmarked or transmitted not later than 60 days from the date of publication of this Notice (as soon as this date can be confirmed it will be announced on the park's Web site). Interested individuals, organizations, and agencies wishing to provide written comments may respond by regular mail to Commercial Services Plan, c/o Superintendent, Haleakala National Park, P.O. Box 369, Makawao, Maui, HI 96768 (or via e-mail c/o HALECSP@nps.gov). Our practice is to make comments, including names, home addresses, home phone numbers, and e-mail 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. Public Meetings: The NPS will also conduct a public scoping meeting and open house to provide information about this project, to discuss issues and concerns informally with NPS representatives and to receive written comments. These scoping activities will be conducted on October 17 and 18, 2006. The October 17th meeting will be at 6 p.m. at Helene Hall in Hana. The October 18th meeting will be at 6 p.m. at the Mayor Hanibal Tavares Community Center in Pukulani. Future Information and Decision Process: Future information about this conservation planning and environmental impact analysis process for the proposed commercial services plan will be distributed via direct mailings and announcements in regional and local news media, and updates will be regularly posted on the park's Web site (https:// www.nps.gov/hale). Availability of the forthcoming environmental document for review and written comment will be announced by local and regional news media, the above listed Web site, direct mailing (or in the case of an EIS, also by formal Notice of Availability of a Draft EIS published in the Federal Register). At this time the document is anticipated to be available for public review and comment in late summer, 2007. Comments on the document will be fully considered in the environmental decision-making process and responded to as appropriate. The official responsible for the decision is the Regional Director, Pacific West Region, National Park Service; subsequently the official responsible for implementation would be the Superintendent, Haleakala National Park.

Pursuant to Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (P.L.91-190, as amended) and the implementing regulations promulgated by the Council on Environmental Quality (40 CFR Part 1505.2), the Department of the Interior, National Park Service has prepared, and the Regional Director, Pacific West Region has approved, the Record of Decision for the Non-Native Deer Management Plan for Pt. Reyes National Seashore. The formal no-action period was officially initiated August 18, 2006, with the U.S. Environmental Protection Agency's Federal Register notification of the filing of the Final Environmental Impact Statement (EIS). Decision: As soon as practicable the Seashore will begin to implement as its new Non-Native Deer Management Plan the Preferred Alternative (Alternative E) contained in the Draft and Final EIS. The selected plan features a deliberate, long-term strategy targeting eradication of all fallow and axis deer from the Seashore by 2021. A combined program of fertility control (using long-lasting contraceptives) and lethal removal will be instituted, as well as an intensive monitoring program extending for at least 15 years. As documented in the Final EIS, this course of action was deemed to be ``environmentally preferred''. The preferred plan and four alternatives were identified and analyzed in the Final EIS, and previously in the Draft EIS (the latter was distributed in February, 2005). The full spectrum of foreseeable environmental consequences was assessed, and appropriate mitigation measures identified, for each alternative. Beginning with early scoping, through the preparation of the Draft and Final EIS, numerous public meetings were hosted. Approximately 2000 oral and written comments were received during the scoping phase or in response to the Draft EIS. Key consultations or other contacts which aided in preparing the Draft and Final EIS involved (but were not limited to) the California Department of Fish and Game, California State Parks, Marin County Parks and Open Space, Marin Municipal Water District, U.S. Dept. of Agriculture Animal Plant Health Inspection Service, and the U.S. Fish and Wildlife Service. Local communities, county and city officials, and interested organizations were contacted extensively during initial scoping and throughout the conservation planning and environmental impact analysis process. Copies: Interested parties desiring to review the Record of Decision may obtain a complete copy by contacting the Superintendent, Pt. Reyes National Seashore, Point Reyes, CA 94956; or via telephone request at (415) 464-5100.

The Fish and Wildlife Service (Service) announces the availability of a Final Environmental Impact Statement (FEIS), which analyzes the environmental impacts associated with incidental take permits that were previously issued under the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.), for take of the Alabama beach mouse (Peromyscus polionotus ammobates). The FEIS analyzes the consequences of the proposed action and alternatives to the proposed action. The incidental take permits, previously issued to Gulf Highlands LLC and Beach Club West, involve the construction, occupancy, use, operation, and maintenance of two residential/ recreational condominium development projects on the Fort Morgan Peninsula in Baldwin County, Alabama. For Record of Decision (ROD) availability, see DATES.

Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA), CEQ NEPA Regulations (40 CFR 1502.9[c][1]), and Public Resources Code, sections 21000-21177 of the California Environmental Quality Act (CEQA) and the California Code of Regulations, title 14, section 15088.5 of the CEQA Guidelines, the Bureau of Reclamation (Reclamation), the lead Federal agency; the U.S. Army Corps of Engineers (Corps), a cooperating Federal agency; the Reclamation Board of the State of California, the lead State agency; and the Sacramento Area Flood Control Agency (SAFCA), the local sponsor, have made available for public review and comment a Draft EIS/ EIR for the Folsom DS/FDR Action. The Folsom DS/FDR Draft EIS/EIR describes five action alternatives which include numerous features that address previously identified and ongoing dam safety, flood damage reduction, and security issues by modifying Folsom Dam and Appurtenant Structures (the Folsom Facility). The alternatives include features that would address Reclamation's dam safety objectives and the Corps' flood damage reduction objectives jointly, as well as features or increments that would exclusively address dam safety, security, or flood damage reduction objectives and would be constructed and authorized by the respective agencies. Engineering, economic, and environmental studies have been conducted to help determine reasonable design alternatives and their impacts. The no action alternative is also included in these analyses. As part of the NEPA process, two public hearing sessions will be held to provide interested individuals and organizations with an opportunity to comment verbally and in writing on the Folsom DS/FDR Draft EIS/EIR. The first hour of each public hearing session will allow time to review information stations and displays, ask questions, and provide written comments on comment forms; the formal hearing will be held for one hour and be extended to two hours if needed. Information gathered from the EIS/EIR review process will be used in conjunction with technical and economic principles to determine the preferred alternative.

This notice advises the public that the Bureau of Indian Affairs (BIA) and the Montana Department of Environmental Quality (MDEQ) as joint Lead Agencies, with the Crow Tribe of Indians, the Office of Surface Mining Reclamation and Enforcement (OSMRE), the Environmental Protection Agency (EPA), and the Bureau of Land Management (BLM), as Cooperating Agencies, intend to gather information necessary for preparing an Environmental Impact Statement (EIS) for the proposed Extension of the Absaloka Coal Mine on the Crow Indian Reservation, Montana. The proposed BIA action, taken under the Indian Mineral Development Act, is the approval of a coal lease by the Crow Tribe to Westmoreland Resources Inc. (WRI) and associated approval of allotted Indian and Crow tribal surface estate use agreements. In addition, the OSMRE will use this EIS to support a decision on the application for a surface mining permit to be filed by WRI involving the same acreage, commonly known as the Absaloka Mine ``South Extension;'' the MDEQ will use it in considering approval of permit revisions to facilitate mining of coal adjacent to the South Extension that is presently under the Absaloka Mine, which MDEQ administers; and the EPA may use the EIS in considering issuance of National Pollutant Discharge Elimination System permits for any point source water discharges on the Reservation. The purpose of this project is to extend the operating life of the Absaloka Mine and continue to provide an economic base for the Crow Tribe, while providing an energy source for the generation of electricity at distant power plants. This notice also announces a public scoping meeting to identify potential issues and alternatives to be considered in the EIS.

This notice provides the name of individuals who have been appointed to serve as members of the Department of the Interior Performance Review Board.

Under the provisions of the National Environmental Policy Act (NEPA), the Bureau of Land Management (BLM) announces the availability of the Pit 14 Coal Lease By Application (LBA) FEIS. The tract is being considered for sale as a result of coal lease application received from Black Butte Coal Company (BBCC) operating the adjacent mine in southwestern Wyoming.

The Minerals Management Service (MMS) is announcing an opportunity for producers to participate in a production data workshop. The purpose of the workshop is to gather comments and input from a variety of stakeholders and the public. Information about the workshop, registration, and the agenda is available on our Web site at https:// www.mrm.mms.gov/ReportingServices/ETFormProd.htm.

This notice informs the public that the Southcentral Alaska Federal Subsistence Regional Advisory Council will hold a public meeting on December 8, 2006, at 3601 C Street, Suite 1030, Anchorage, Alaska. The public is invited to participate and to provide oral testimony.

We, the U.S. Fish and Wildlife Service (Service), propose to revise currently designated critical habitat for the tidewater goby (Eucyclogobius newberryi) under the Endangered Species Act of 1973, as amended (Act). We originally designated critical habitat for the tidewater goby on November 20, 2000 (65 FR 69693). We are proposing to revise the critical habitat for the tidewater goby to a total of approximately 10,003 acres (ac) (4,050 hectares (ha)). This is an increase of approximately 8,422 ac (3,408 ha) from the currently designated critical habitat. In the previous rule, critical habitat was only designated in Orange and San Diego Counties due to uncertainty over the future listing status of tidewater goby populations to the north. The proposed revised critical habitat is located in Del Norte, Humboldt, Mendocino, Sonoma, Marin, San Mateo, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, Ventura, and Los Angeles Counties, California.

Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Department of the Interior issues this public notice of its intent to modify an existing Privacy Act system of records managed by the U.S. Fish and Wildlife Service (FWS). The changes are to the system of records called ``Real Property Records Interior, FWS-11 which is published in its entirety below.

Pursuant to the National Environmental Policy Act (NEPA), the National Marine Fisheries Service (NMFS) and the Fish and Wildlife Service (FWS) (together, the Services) advise the public of the availability of the Final EIS on the applications by Simpson Resource Company, now Green Diamond Resource Company (Green Diamond), for a Section 10 incidental take permit and an enhancement of survival permit (together, the Permits), and a Final multi-species Aquatic Habitat Conservation Plan/ Candidate Conservation Agreement with Assurances (AHCP/CCAA, or Plan) pursuant to the Endangered Species Act of 1973, as amended (ESA). The Services and Green Diamond also have developed an Implementation Agreement. The applicant seeks the Permits to authorize incidental take of specified covered species, including some that may become listed during the term of the Permits. The Permits are sought to authorize incidental take of the covered species during forest management and timber harvest in Del Norte and Humboldt Counties, CA, where Green Diamond owns lands or harvesting rights, during the term of the proposed 50 year Permits and Plan. This notice is provided pursuant to applicable NEPA regulations (40 CFR 1506.6) to inform the public of the proposed action, and to make available for 30 days' review the Final EIS, Plan, and Implementation Agreement. The Environmental Protection Agency (EPA) also is publishing a similar notice.

The Department of the Interior (DOI), Office of Indian Energy and Economic Development (OIEED), is seeking comments on the collection of information necessary for utilization of the Loan Guaranty, Insurance, and Interest Subsidy Program. This is necessary to continue the use of forms for this program approved by the Office of Management and Budget under the Paperwork Reduction Act of 1995. The public will have the opportunity to comment on the time and expense required by these forms to access the program.

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) Boise District Resource Advisory Council (RAC), will hold a special meeting as indicated below.

The Bureau of Indian Affairs (BIA) owns, or has an interest in, irrigation facilities located on various Indian reservations throughout the United States. We are required to establish rates to recover the costs to administer, operate, maintain, and rehabilitate those facilities. We request your comments on the proposed rate adjustments.

To comply with the Paperwork Reduction Act of 1995 (PRA), MMS is notifying the public that it has submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements under the Endangered Species Act Biological Opinions, issued by the Fish and Wildlife Service (FWS) and National Oceanic and Atmospheric Administration Fisheries (NOAA Fisheries) and are titled: ``Notices to Lessees and Operators (NTLs)Implementation of Seismic Survey Mitigation Measures and Protected Species Observer Program; Vessel Strike Avoidance and Injured/Dead Protected Species Reporting; and, Marine Trash and Debris Awareness and Elimination.'' This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan and Finding of No Significant Impact for D'Arbonne National Wildlife Refuge in Union and Ouachita Parishes are available for distribution. The plan was prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, and describes how the refuge will be managed for the next 15 years. The compatibility determinations for big game hunting, small game hunting, migratory bird hunting, fishing, wildlife observation and photography, environmental education and interpretation, trapping of selected furbearers, and horseback riding are also available within the plan.

Pursuant to the National Environmental Policy Act of 1969, the National Park Service (NPS) announces the availability of the Draft White-tailed Deer Management Plan/Environmental Impact Statement (DEIS) for Catoctin Mountain Park, Thurmont, Maryland. The purpose of the DEIS is to identify a preferred white-tailed deer management plan from a range of alternatives that supports forest regeneration and provides for long-term protection, conservation, and restoration of native species and cultural resources. The DEIS evaluates four alternatives for managing white-tailed deer in the park. The document describes and analyzes the environmental impacts of three action alternatives and the no-action alternative. When implemented, the plan will guide deer management actions over the next 15 years.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for Arenaria ursina (Bear Valley sandwort), Castilleja cinerea (ash-gray Indian paintbrush), and Eriogonum kennedyi var. austromontanum (southern mountain wild-buckwheat) under the Endangered Species Act of 1973, as amended (Act). In total approximately 1,511 acres (ac) (611 hectares (ha)) of land in San Bernardino County, California, fall within the boundaries of the proposed critical habitat designation for these three plant species. The majority of the lands within the proposed designation are under Federal ownership (1,394 ac (564 ha)); however, some State (4 ac (2 ha)) and private lands (112 ac (45 ha)) are also included.

Pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.), the Fish and Wildlife Service (Service) as the lead agency, advises the public that we intend to gather information necessary to prepare an Environmental Impact Statement (EIS) regarding the proposed Southern Nye County Multiple Species Habitat Conservation Plan (MSHCP) and issuance of an incidental take permit (Permit) for endangered and threatened species in accordance with section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). Nye County (Applicant) proposes to accommodate anticipated urban development within the Mojave Desert region of southern Nye County and implement conservation measures (Project). The Applicant intends to request a Permit for incidental take of several listed and unlisted species, including the desert tortoise (Gopherus agassizii), a species federally listed as threatened under the Act. The Service plans to refine the species list as a part of the scoping process. In accordance with the Act, the Applicant will prepare an MSHCP containing proposed measures to minimize and mitigate incidental take that could result from the Project. The Service provides this notice to: (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected tribes, and the public of our intent to prepare an EIS; (3) announce the initiation of a 30-day public scoping period; and (4) obtain suggestion and information on the scope of issues to be included in the EIS.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for two tidal marsh plants: Cirsium hydrophilum var. hydrophilum (Suisun thistle) and Cordylanthus mollis ssp. mollis (soft bird's-beak). We also announce the availability of the draft economic analysis for the proposed critical habitat designation and an amended Required Determinations section of the proposal. The draft economic analysis identifies potential costs will be $1.6 million in undiscounted dollars over a 20-year period as a result of the proposed designation of critical habitat, including those costs coextensive with listing and recovery. Discounted future costs are estimated to be $1.4 million over 20 years ($95,002 annually) at a 3 percent discount rate, or $1.2 million over 20 years ($116,722 annually) at a 7 percent discount rate. The amended Required Determinations section provides our determination concerning compliance with applicable statutes and Executive Orders that we have deferred until the information from the draft economic analysis of this proposal was available. We are reopening the comment period to allow all interested parties to comment simultaneously on the proposed rule, the associated draft economic analysis, and the amended Required Determinations section.

Notice is hereby given of contractual actions that have been proposed to the Bureau of Reclamation (Reclamation) and are new, modified, discontinued, or completed since the last publication of this notice on August 2, 2006. This notice is one of a variety of means used to inform the public about proposed contractual actions for capital recovery and management of project resources and facilities consistent with section 9(f) of the Reclamation Project Act of 1939. Additional announcements of individual contract actions may be published in the Federal Register and in newspapers of general circulation in the areas determined by Reclamation to be affected by the proposed action.