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

The U.S. Fish and Wildlife Service (Service or we) is proposing migratory bird subsistence harvest regulations in Alaska for the 2007 season. This proposed rule would establish regulations that prescribe frameworks, or outer limits, for dates when harvesting of birds may occur, species that can be taken, and methods and means that would be excluded from use. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. These regulations are intended to provide a framework to enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes regulations that go into effect on April 2, 2007, and expire on August 31, 2007.

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) Northwest Colorado Resource Advisory Council (RAC) will meet as indicated below.

The Bureau of Land Management (BLM) proposes to sell a 5-acre parcel of public land in the southwest portion of the Las Vegas Valley, Nevada to Clark County for affordable housing purposes. BLM proposes that the parcel be sold by direct sale to Clark County at less than the appraised fair market value (FMV), pursuant to Section 7(b) of the Southern Nevada Public Land Management Act (Pub. L. 105-263, SNPLMA) and the Nevada Guidance on Policy and Procedures for Affordable Housing Disposals (Nevada Guidance) approved on August 8, 2006. BLM will sell the parcel under direct sale procedures in accordance with the applicable provisions of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701 et seq. (FLPMA), and the BLM land sale and mineral conveyance regulations at 43 CFR parts 2710 and 2720.

In a Federal Register notice published on November 6, 2006 (71 FR 64982-64983), and pursuant to Sec. 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, and 40 CFR 1508.22, the Department of the Interior (Department), acting through the Bureau of Reclamation (Reclamation), provided notice that the Department intends to prepare an EIS and conduct public scoping meetings for the adoption of a Long-Term Experimental Plan for the operation of Glen Canyon Dam and other associated management activities. This Federal Register notice, prepared pursuant to 40 CFR 1508.22, provides information on additional public scoping meetings, the purpose and need for the proposed action, and additional background on the Long-Term Experimental Plan. The purpose of the Long-Term Experimental Plan is to increase understanding of the ecosystem downstream from Glen Canyon Dam and to improve and protect important downstream resources. The NEPA process would evaluate the implications and impacts of each of the alternatives on all of the purposes and benefits of Glen Canyon Dam as well as on downstream resources. The proposed plan would implement a structured, long-term program of experimentation (including dam operations, modifications to Glen Canyon Dam intake structures, and other non-flow management actions, such as removal of non-native fish species) and monitoring in the Colorado River below Glen Canyon Dam. The proposed Long-Term Experimental Plan is intended to ensure a continued, structured application of adaptive management in such a manner as to protect, mitigate adverse impacts to, and improve the values for which Grand Canyon National Park and Glen Canyon National Recreation Area were established, including, but not limited to natural and cultural resources and visitor use, consistent with applicable Federal law. The Long-Term Experimental Plan will build on a decade of scientific experimentation and monitoring that has taken place as part of the Glen Canyon Dam Adaptive Management Program, and will build on the knowledge gained by experiments, operations, and management actions taken under the program. Accordingly, Reclamation intends to tier from earlier NEPA compliance documents prepared as part of the Department's Glen Canyon Adaptive Management Program efforts, see 40 CFR 1500.4(i), 1502.20, and 1508.20(b), such as the 2002 Environmental Assessment prepared on adaptive management experimental actions at Glen Canyon Dam (Proposed Experimental Releases from Glen Canyon Dam and Removal of Non-Native Fish). Dates and Addresses: Two additional public scoping meetings will be held to solicit comments on the scope of the Long-Term Experimental Plan and the issues and alternatives that should be analyzed. The meetings will serve to expand upon the input received from the Glen Canyon Dam Adaptive Management Program meetings and the recommendations of the Adaptive Management Work Group (AMWG), a federal advisory committee. Oral and written comments will be accepted at the meetings to be held at the following locations: Thursday, January 4, 20076 p.m. to 8 p.m., Embassy Suites Phoenix Airport at 44th Street, 1515 North 44th Street, Cholla Room, Phoenix, Arizona. Friday, January 5, 20076 p.m. to 8 p.m., Hilton Salt Lake City Center, 255 South West Temple, Salon 1, Salt Lake City, Utah. Written comments on the proposed development of the Long-Term Experimental Plan may be sent by close of business on Wednesday, February 28, 2007, to: Regional Director, Bureau of Reclamation, Upper Colorado Region, Attention: UC-402, 125 South State Street, Salt Lake City, Utah 84318-1147, faxogram at (801) 524-3858, or e-mail at GCDExpPlan@uc.usbr.gov.

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 (BLM) Central Montana Resource Advisory Council (RAC) will meet as indicated below.

Notice is hereby given in accordance with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332, and Council on Environmental Quality regulations, 40 CFR 1506.6, that the U.S. Department of the Interior, National Park Service (NPS), will prepare an ORV Management Plan/EIS. The ORV Management Plan/EIS will be used to guide the management and control of ORVs at Cape Hatteras National Seashore (the Seashore), North Carolina, for approximately the next 10 to 15 years. It will also form the basis for a special regulation that would regulate ORV use at the Seashore. The ORV Management Plan/EIS will assess potential environmental impacts associated with a range of reasonable alternatives for managing ORV impacts on park resources such as threatened and endangered species, soils, wetlands, wildlife, and cultural resources. Socioeconomic impacts and effects on visitor experience and public safety will also be analyzed.

Notice is hereby given that the United States Department of the Interior, Bureau of Land Management (BLM), Colorado State Office, will offer certain coal resources in the B, D/E seams in Gunnison County, Colorado, hereinafter described as Federal coal lease application (LBA) COC 67232 for competitive lease by sealed bid in accordance with the provisions for competitive lease sales in 43 CFR 3422.2(a), and the Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 et seq.).

This notice reopens the period for comments on proposed Class II definitions and game classification standards published in the Federal Register on May 25, 2006 (71 FR 30232, 71 FR 30238). This notice also reopens the period for comments on proposed Class II technical standards published in the Federal Register on August 11, 2006 (71 FR 46336).

Pursuant to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), the Bureau of Reclamation (Reclamation) and the California Department of Water Resources (DWR) have prepared a Final EIS/EIR for the South Delta Improvements Program (SDIP). The SDIP is being pursued to address the needs of the Sacramento- San Joaquin River Delta (Delta) aquatic environment, as well as longstanding statewise, regional and local water supply needs. Reclamation and DWR have identified the following objectives and purpose: reduce the movement of San Joaquin River watershed Central Valley fall-/late fall-run juvenile Chinook salmon into the south Delta via Old River; maintain adequate water levels and, through improved circulation, water quality available for agricultural diversions in the south Delta, downstream of the head of Old River; and increase water deliveries and delivery reliability for Central Valley Project (CVP) and State Water Project (SWP) water contractors south of the Delta and provide opportunities to convey water for fish and wildlife purposes by increasing the maximum permitted level of diversion through the existing intake gates at Clifton Court Forebay from 6680 cubic feet per second (cfs) to 8500 cfs.

The Fish and Wildlife Service announces that a Final Comprehensive Conservation Plan and Finding of No Significant Impact for St. Marks National Wildlife Refuge in Wakulla, Jefferson, and Taylor Counties, Florida, is 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 termination of benefits for stripper well properties was effective February 1, 2006, and replaced by Section 343 of the Energy Policy Act of 2005, which was established a Marginal Property Production Incentives Program (MPPIP).

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 Windsor Beaver Creek LLC for competitive oil and gas lease WYW147368 for land in Sheridan 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.

(Authority: 47 U.S.C. 332 (Telecommunications Act of 1996); 16 U.S.C. 5; other applicable authorities and Director's order 53) Glen Canyon National Recreation Area has received an application from Commnet Four Corners, LLC, to install and operate a wireless (cellular) telephone system. The location of the proposed telecommunication site is at the Lake Powell Resort near Page, Arizona. Commnet ``brokers'' cellular time with major cellular providers enabling most callers to connect and be billed based on their existing calling plans. Both voice and data services will eventually be available.

The Indian Gaming Regulatory Act provides for a three-person National Indian Gaming Commission. One member, the chairman, is appointed by the President with the advice and consent of the Senate. Two associate members are appointed by the Secretary of the Interior. Before appointing members, the Secretary is required to provide public notice of a proposed appointment and allow a comment period. Notice is hereby given of the proposed appointment of Norman H. DesRosiers as an associate member of the National Indian Gaming Commission for a term of 3 years.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the distinct vertebrate population segment (DPS) of the northern water snake (Nerodia sipedon) in the upper tidal Potomac River as endangered under the Endangered Species Act of 1973, as amended (Act). We find the petition does not provide substantial scientific or commercial information indicating that the petitioned action is 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 northern water snake or threats to it.

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 comments on a proposed new collection of information (OMB 1024-XXXX).

The Bureau of Land Management (BLM) proposes to extend the duration of Public Land Order (PLO) No. 6675 for an additional 20 years. PLO No. 6675 withdrew 264.39 acres of public lands in Taos and Rio Arriba Counties from settlement, sale, location or entry under the general land laws, including the United States mining laws, to protect, preserve, and maintain existing and future recreational values and the Federal investment in improvements located along the ``Pilar'' section of the Rio Grande.

In accordance with 43 Code of Federal Regulations (CFR) 3425.4, the Bureau of Land Management, Miles City Field Office, Miles City, Montana, hereby gives notice that an Environmental Assessment (EA) is available and a public hearing will be held to lease Federal coal. The EA analyzes and discloses direct, indirect, and cumulative environmental impacts of issuing competitively a Federal coal lease for 1,207.5 acres in the Bighorn County, Montana. The purpose of the public hearing is to solicit comments from the public on (1) The proposal to issue a Federal coal lease; (2) the proposed competitive lease sale; (3) the Fair Market Value (FMV) of the Federal coal; and (4) Maximum Economic Recovery (MER) of the Federal coal included in the tracts.

This notice announces our decision on a request for a determination of valid existing rights (VER) under section 522(e) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). We have determined that Sturgeon Mining Company, Inc. (Sturgeon Mining or Sturgeon) possesses VER for a coal haulroad within the boundaries of the Daniel Boone National Forest in Owsley County, Kentucky. This decision will allow Sturgeon to obtain a Kentucky surface coal mining and reclamation permit for the road in question and to use the road to access and haul coal from a surface mine located on adjacent private lands.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the threatened Sacramento Mountains thistle (Cirsium vinaceum) (thistle) from the Federal List of Threatened and Endangered Plants, under the Endangered Species Act of 1973, as amended (Act). We find the petition does not present substantial information indicating that delisting of the thistle may be warranted. Therefore, we will not initiate a further 12-month status review in response to this petition under section 4(b)(3)(B) of the Act. However, we are initiating a 5-year review of this species under section 4(c)(2)(A) of the Act to consider information that has become available since we listed the species as threatened on June 16, 1987 (52 FR 22933). This will provide the public an opportunity to submit new information on the status of the species. We invite all interested parties to submit comments or information regarding this species.

In accordance with the Federal Advisory Committee Act, the California Bay-Delta Public Advisory Committee (Committee) will meet on December 14, 2006. This meeting will be held jointly with the California Bay-Delta Authority. The agenda for the joint meeting will include discussions with State and Federal agency representatives on end of Stage 1 decisions and planning for Stage 2 actions for the CALFED Bay-Delta Program (Program); and recommendations on Year 6 Program Performance and Accomplishments, Year 7 Priorities and Program Plans, and Program Performance and Balance. The meeting will also include reports form the Lead Scientist and the Independent Science Board, along with updates on the Delta Vision, Delta Risk Management Strategy, Pelagic Organisms Decline Action Plan, and Program Performance and Tracking.

The Bureau of Land Management (BLM), Alaska State Office, is preparing a supplemental Integrated Activity Plan/Environmental Impact Statement (IAP/EIS) for the Northeast portion of the National Petroleum Reserve-Alaska (NPR-A).

This order extends Public Land Order No. 6630 for an additional 20-year period. This extension is necessary to allow the National Park Service to continue to manage the land as part of the Voyageurs National Park.