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

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

The following permits were issued.

The following permits were issued.

The following permits were issued.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of a Draft Environmental Impact Statement for the Ecological Restoration Plan for Bandelier National Monument, New Mexico.

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM-Eastern States, Springfield, Virginia, 30 calendar days from the date of publication in the Federal Register.

Doug and Jennifer Ross (Applicants) have applied to the U.S. Fish and Wildlife Service (Service or ``we'') for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). We are considering issuing a 10-year permit to the Applicants that would authorize take of the federally endangered Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum) and the threatened California red-legged frog (Rana aurora draytonii) incidental to otherwise lawful activities associated with the construction of private residential facilities on 16.5 acres of their 99-acre property in Aptos, Santa Cruz County, California. We are requesting comments on the permit application and on our preliminary determination that the proposed Habitat Conservation Plan (HCP) qualifies as a ``low effect'' HCP, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. We explain the basis for this possible determination in a draft Environmental Action Statement (EAS) and associated Low Effect Screening Form. The Applicants' low effect HCP describes the mitigation and minimization measures they would implement, as required in Section 10(a)(2)(B) of the Act, to address the effects of the project on the Santa Cruz long-toed salamander and California red-legged frog. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. The draft HCP and EAS are available for public review.

This notice announces a proposed exchange of a 0.32-acre parcel of Federal land in Chesterfield County, Virginia for a 236-acre parcel of privately owned land in Hanover County, Virginia. Both properties are inside the boundaries of Richmond National Battlefield Park (the Park). Acquisition of this 236-acre property will allow the Park to protect the resources and more fully interpret the Battle of Beaver Dam Creek for visitors in perpetuity. An Environmental Survey Assessment of the proposed exchange and a Cultural Resource Survey have been made of the lands involved in this proposed exchange. The parcels have been surveyed for endangered and threatened species. Copies of the surveys are available upon request. I. The following described 0.32-acre parcel of Federal land, located in the Drewry's Bluff Unit of the Park, has been determined to be suitable for disposal by exchange. Federal Tract 03-110 is located near Fort Darling Road in Chesterfield County. It is a 0.32-acre portion of a 23-acre tract acquired in 1936 by the United States, National Park Service by Deed Book 1179 at Page 843 recorded at the Clerk's Office of the Circuit Court of Chesterfield County, Virginia. The parcel is a 30-foot wide strip of land which is currently occupied by underground pipes that are a portion of a five mile long acid and water pipeline owned by E.I. DuPont de Nemours & Company (DuPont). The pipeline was installed in 1980 under a special use permit which has expired, and the National Park Service has no authority to renew it. This strip of land is approximately 100 feet from the northbound lanes of Interstate 95 and is crossed by the entrance road to the Drewry's Bluff Unit of the Park. The United States will convey fee simple title to Tract 03-110, together with a right-of-way for access from Fort Darling Road, by a quitclaim deed to DuPont. The deed will include permanent restrictions that prohibit construction of any above ground improvements and will require DuPont to restore the surface of the ground to its previous condition, in the event the ground is disturbed for any reason. The United States will retain a permanent right-of-way across the parcel for public access to the Drewry's Bluff Unit. II. In exchange for the land described in paragraph I above, the United States will acquire fee title to Tract 01-114, a 236-acre unimproved parcel of land owned by The Conservation Fund (TCF) located on Old Cold Harbor Road in Hanover County, in the Beaver Dam Creek Unit of the Park. Both surface and mineral estates of the 236-acre parcel are to be exchanged. All right, title and interest in the Chesterfield County parcel is to be conveyed by the United States in exchange for the conveyance of all right, title and interest in the Hanover County parcel by TCF. The land conveyed to the United States will be administered by the National Park Service as part of the Richmond National Battlefield Park upon completion of the exchange. This exchange will ensure the protection of 236 acres of the Beaver Dam Creek Battlefield and provide DuPont with ownership of a small strip of land that is occupied by a portion of its underground pipeline. The values of the properties to be exchanged were established by appraisals of fair market value. Since the appraised value of the 236- acre parcel exceeds the appraised value of the 0.32-acre parcel, TCF will donate the difference in value to the United States. For a period of 45 days from the date of this notice, interested parties may submit written comments to the Park Superintendent at the address listed below. Adverse comments will be evaluated and this action may be modified or vacated accordingly. In the absence of any action to modify or vacate, this realty action will become the final determination of the Department of Interior.

Notice is hereby given that based upon recent geologic information the following lands have been classified as the Bonanza, Cowboy, Independent, Little Emma and Wagon Hound Known Leasing Areas for gilsonite. Detailed information regarding this action, a description of the lands included in the Bonanza, Cowboy, Independent, Little Emma and Wagon Hound Known Leasing Areas, and the gilsonite Master Title Plats (MTPs) showing the boundaries of the proposed known leasing areas, are available to the public in the Public Room of the Utah State Office of the BLM.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on two petitions to list the Mono Basin area population of greater sage-grouse (Centrocercus urophasianus) in the Bi-State area of California and Nevada as threatened or endangered under the Endangered Species Act of 1973, as amended. We find that the petitions do not present substantial scientific or commercial information indicating that listing this population may be warranted. Therefore, we are not initiating a status review in response to these petitions. We ask the public to submit to us any new information that becomes available concerning the status of this population or threats to it or its habitat at any time.

This proposed rule would establish regulations for fishing seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2008-09 regulatory year. The rulemaking is necessary because Subpart D is subject to an annual public review cycle. When final, this rulemaking would replace the fish and shellfish taking regulations included in the ``Subsistence Management Regulations for Public Lands in Alaska, Subpart D: 2007-08 Subsistence Taking of Fish and Wildlife Regulations,'' which expire on March 31, 2008. This rule would also amend the Customary and Traditional Use Determinations of the Federal Subsistence Board and the General Regulations related to the taking of fish and shellfish.

The Bureau of Land Management (BLM) is publishing this notice under Section 9(a)(2) of the Federal Advisory Committee Act. The BLM is giving notice that the Secretary of the Interior is extending the call for nominations for positions to the Sonoran Desert National Monument Advisory Council (SDNMAC). This notice request the public to submit nominations for membership on the SDNMAC. Any individual or organization may nominate one or more persons to serve on the SDNMAC. Individuals may nominate themselves for SDNMAC membership.

The Bureau of Land Management (BLM) proposes to sell by direct sale, two parcels of public land aggregating approximately 10.0 acres, more or less, in the Las Vegas Valley, Nevada, within the City of Henderson in Clark County, to M Holdings, LLC. The sale will be under the authority of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263, 112 Stat. 2343), as amended, (``SNPLMA''). The land will be offered noncompetitively as a direct sale in accordance with the applicable provisions of Sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1713 and 1719), and the BLM's land sale and mineral conveyance regulations at 43 CFR parts 2710 and 2720 at not less than the appraised Fair Market Value (FMV) of the parcels.

Pursuant to Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, 42 U.S.C. 4321-4347, January 1, 1970, as amended), and the Council on Environmental Quality Regulations (40 CFR parts 1500 through 1508), the National Park Service, Department of the Interior, has prepared a Draft Environmental Impact Statement/ Draft Environmental Report (Draft EIS/EIR) for the Wetland and Creek Restoration at Big Lagoon. This Draft EIS/EIR evaluates alternatives for ecological restoration and public access upgrades in the Big Lagoon area at Muir Beach, part of the Golden Gate National Recreation Area (GGNRA). The National Park Service (NPS) and County of Marin (County) have jointly prepared the Draft EIS/EIR in accordance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The Draft EIS/EIR analyzes multiple alternatives for ecological restoration, public access improvements, bridge replacement, and fill disposal locations. The alternatives are based upon park values, effective restoration strategies and public access approaches, NPS and County policy, and applicable law. Background: Redwood Creek is a coastal stream located in Marin County, California. The project's area of potential effect encompasses the lower reach of Redwood Creek extending from where the creek passes underneath Highway 1, to its mouth at the Pacific Ocean approximately 2,800 feet downstream. Within this reach, the creek and its floodplain have been extensively modified by realignment of the creek; construction of Pacific Way and the Pacific Way bridge, a levee road that borders the creek, and the NPS parking lot and picnic area; and placement of gabions and other artificial fill in the creek channel and on its floodplain. Combined, these modifications to the creek and its floodplain have altered channel hydraulics and reduced its sediment transport capacity, resulting in extreme sediment deposition in the creek channel and reduction in channel capacity. Under current conditions, the creek floods during even moderate rain events, inundating Pacific Way, stranding residents, and hindering access to the public beach. In the winter, residents along Pacific Way often cannot access Highway 1, the sole connecting road, because floodwaters commonly prevent passage by vehicles and pedestrians. This lack of access severely limits emergency services. In addition to the flooding, current conditions in lower Redwood Creek present a risk of channel avulsion, in which the creek could abandon its existing channel and establish a new channel in the floodplain. Avulsion of the channel to the adjacent meadow, which is several feet lower in elevation than the channel bed, could impair passage of adult and juvenile coho salmon and steelhead through the lower creek and could have undetermined consequences to infrastructure. GGNRA has determined that restoration activities at the project site are necessary to address these issues, GGNRA and the County have been involved in an active planning process to identify alternative restoration and public access alternatives to address these identified issues. Proposal and Alternatives: As noted, this Draft EIS/EIR describes and analyzes four alternatives. Alternative 1, the ``baseline'' No Action Alternative, would maintain the existing management direction. Alternatives 2, 3, and 4 (action alternatives) contain varying mixes of three main components: (1) Ecological restoration; (2) public access upgrades, including a reconfiguration of the existing parking lot; and (3) replacement of the Pacific Way Bridge. Each of the action alternatives incorporates the following elements: Interim flood reduction measures; Relocation of the Redwood Creek channel; Construction of new drainage swale and upper pasture modification; Backbeach lagoon enhancement, channel realignment, and dune restoration; Removal of levee road; Invasive species removal; Removal of tavern remnants; Removal of utility lines; Removal of concrete channels and revetment; Modification to Green Gulch field 7. The main differences between the action alternatives is the approach by which ecological restoration would occur. Alternative 3 would combine riparian restoration components with restoration of open water and wetland habitants. Two open-water lagoons would be created, one on either side of the new channel. The two small lagoons would be backwaters, connected to the creek near the downstream end of each lagoon. The banks of the lagoons would have varied slopes to favor a variety of habitats. The lagoons would maintain a minimum water depth of 3-4 feet year-round. Alternative 4 would create a periodically brackish open-water habitat similar to historic (1853) conditions, modified to reflect existing constraints of Pacific Way and private property. This would involve creating a large lagoon with fringing wetlands extending to the edge of the valley immediately landward of Muir Beach. The lagoon would be excavated with gentle side slopes to encourage colonization of emergent wetland vegetation. Like the small lagoons under Alternative 3, the large lagoon would maintain a minimum water depth of 3-4 feet year-round. Alternative 2 (Creek Restoration) (agency-preferred alternative) would involve relocating approximately 2,000 linear feet of Redwood Creek to the topographically lowest portion of the valley, while maintaining a habitat mix similar to current conditions. In addition to relocating Redwood Creek, this alternative includes the following two core elements: ParkingA parking lot with capacity for 175 cars located parallel to Pacific Way. The lot would include a new turn-off from Pacific Way and would include 310 linear feet of stacking room for cars between the entrance and the first parking stall. Other parking lot options considered in the Draft EIS/EIR include: maintaining the current capacity of 175 Cars at Beach; Alternative B1 (50 Cars at Beach); Alternative B2 (145 Cars at Beach); Alternative B3 (175 Cars at Beachsimilar shape as existing lot); Alternative B5 (200 Cars at Beach); and Alternative C (118 Cars at Alder Grove plus 14 Handicapped Spaces and Drop-Off at Beach). Bridge Replacement150-foot-long bridge with raised road. This bridge would span the new 35-foot-wide channel and areas of riparian habitat and flood plain on either side of the channel. Two-foot-wide piers, placed at approximately 40-foot intervals, would be used to support the span. Other bridge alternatives considered in the Draft EIS/EIR include: Alternative BR1 (50-foot-long bridge with a raised road); Alternative BR2 (50-foot-long bridge with a low road); Alternative BR3 (150-foot-long bridge with raised road); and Alternative BR4 (266- to 300-foot-long bridge with highest road). Scoping and Public Involvement: Between December 2002 and December 2004, 17 public meetings were held, as well as a variety of site visits and meetings with representatives of various agencies. On December 3, 2002, a Notice of Intent (NOI) to prepare an Environmental Impact Statement was published in the Federal Register, beginning the formal scoping process for the project. The NOI identified goals for the project, and public scoping meetings were held on October 22, October 29, and November 2, 2002, with a site visit for the public held on November 9, 2002, to solicit input on the project and its potential impacts. Following these meetings, a Big Lagoon Working Group consisting of interested individuals, agencies, and organizations was formed to help develop project alternatives. The working group convened regularly in meetings that were open to the public. In addition, two alternatives workshops were held for the public on September 30 and October 4, 2003. The results of those workshops, as well as a more detailed summary of the scoping process, are presented in the Alternatives Public Workshops Report (NPS 2004). Finally, Marin County circulated a Notice of Preparation of an Environmental Impact Report on April 27, 2004, soliciting comments on the specific issues to be included in the scope of CEQA environmental review. All of these activities informed the alternatives formulation process. Comments: Copies of the Draft EIS/EIR will be sent to affected Federal, Tribal, State and local government agencies, to interested parties, and those requesting copies. Paper and digital copies (compact disc) of the document will also be available at park headquarters and at local libraries. The complete document will be posted on the GGNRA's Web site (https://www.nps.gov/goga) and on NPS's Planning, Environment and Public Comment Web site (https://parkplanning.nps.gov/goga). All written comments must be postmarked or transmitted no later than 75 days from the date of EPA's notice of filing published in the Federal Register (as soon as this occurs, the confirmed close of the comment period will be posted on the Web sites noted above, and listed in all notification announcements sent from GGNRA). Written comments will be accepted online at https://parkplanning.nps.gov/goga (click on the project title and follow instructions), or by sending a letter addressed as follows: Superintendent, Golden Gate National Recreation Area, Fort Mason, Building 201, San Francisco, CA 94123 (Attn: Muir Beach Creek and Wetland Restoration). Two public meetings will be scheduled to hear comments on the Draft EIS/EIR, approximately 30 days after publication of this notice in the Federal Register. Please visit the project Web site (noted above) to learn more about the project, planning process, and the confirmed dates and time for the public meetings. Questions regarding this project may also be directed at any time to Steve Ortega (415) 561-4841 or via e-mail at steve ortega@nps.gov. All comments are maintained in the administrative record and will be available for public review at GGNRA headquarters. Please note 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. Decision Process: Following the analysis of all comments received concerning the Draft EIS/EIR, at this time it is anticipated that the Final EIS/EIR would be completed in spring 2007. The availability of the final documents will be announced in the Federal Register, and also publicized via local and regional press media, direct mailings, and Web site postings. Not sooner than thirty days after the distribution of the Final EIS/EIR, a Record of Decision may be executed (at this time it is anticipated a recommended decision would be developed in summer 2007). As a delegated EIS the approving official responsible for the final decision is the Regional Director, Pacific West Region. Subsequently, the official responsible for implementing the approved wetland and restoration plan will be the General Superintendent, Golden Gate National Recreation Area.

The Department of the Interior, Office of the Secretary is announcing a public meeting of the Exxon Valdez Oil Spill Public Advisory Committee.

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 Draft Resource Management Plan and Draft Environmental Impact Statement (DRMP/DEIS) for the Yuma Field Office (YFO), Arizona, and by this notice is announcing the opening of the public review and comment period.

We, the Fish and Wildlife Service, are reopening the comment period for our proposed rule to revise the list of migratory birds protected by the Migratory Bird Treaty Act (MBTA) to allow interested persons additional time to prepare and submit comments.

The Secretary of the Interior has determined that an area of 36,398 acres within the Irvine Ranch in Orange County, California meets the criteria for national significance and has designated this site a National Natural Landmark.

Pursuant to the terms of existing concession contracts, public notice is hereby given that the National Park Service intends to request a continuation of visitor services for a period not-to-exceed 1 year from the date of contract expiration.

In response to a settlement agreement, we, the U.S. Fish and Wildlife Service (Service), propose to revise currently designated critical habitat for the Monterey spineflower (Chorizanthe pungens var. pungens) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 11,032 acres (ac) (4,466 hectares (ha)) fall within the boundaries of the proposed revision to the critical habitat designation. The proposed revision to critical habitat is located in Santa Cruz and Monterey Counties, California.

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to The Kuskokwim Corporation, Successor in Interest to Kipchaughpuk Limited. The lands are in the vicinity of the Native village of Crooked Creek, Alaska, and are located in:

The Associate Deputy Secretary made a final agency determination to acquire approximately 31,777.066 acres, more or less, of land into trust for the Jicarilla Apache Tribe of New Mexico on December 4, 2006. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Associate Deputy Secretary by 209 DM 8.

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary of the Department of the Interior announces the proposed extension of an information collection required by Office of Management and Budget (OMB) Circular A-45 (Revised): ``Private Rental Survey,'' OMB Control No. 1084-0033, and that it is seeking comments on its provisions. After public review, the Office of the Secretary will submit the information collection to OMB for review and approval.