Department of the Interior February 2007 – Federal Register Recent Federal Regulation Documents

The Bureau of Land Management (BLM) proposes to extend the duration of Public Land Order (PLO) No. 6650 for an additional 20-year term. PLO No. 6650 withdrew 20 acres of public lands from settlement, sale, location, and entry under the general land laws, including the mining laws, to protect the Sugarloaf Petroglyphs and Pine Spring Archeological Sites in Sweetwater County. This notice also gives an opportunity to comment on the proposed action and to request a public meeting.

This advance notice of proposed rulemaking is related to the Bureau of Land Management (BLM) surface management regulations for mining operations authorized by the Mining Law. In a previous Federal district court proceeding, environmental groups challenged the BLM's regulations on surface management under the Mining Law in 43 CFR subpart 3809, issued by the Department in 2001, in part, because the regulations did not require fair market value payment for the use of Federal lands for mining operations when the lands are ``invalidly claimed'' or unclaimed under the Mining Law. For the most part, the court upheld the 3809 regulations, but remanded them in part to the Department ``for evaluation, in light of Congress's expressed policy goal for the United States to `receive fair market value of the use of the public lands and their resources.' '' This advance notice of proposed rulemaking is intended to assist the BLM in the evaluation ordered by the Court.

Pursuant to 25 CFR 83.10(l)(2), notice is hereby given that the Department of the Interior (Department) has determined that the Mashpee Wampanoag Indian Tribal Council, Inc., P.O. Box 1048, Mashpee, Massachusetts, 02649, is an Indian tribe within the meaning of Federal law. This notice is based on a determination that the petitioner satisfies all seven mandatory criteria set forth in 25 CFR 83.7, and thus meets the requirements for a government-to-government relationship with the United States.

We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this information collection.

We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC, which is scheduled to expire on June 30, 2007. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

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

This final rule updates the regulations of the Bureau of Land Management (BLM) that explain how to obtain recreation permits for commercial recreational operations, competitive events and activities, organized group activities and events, and individual recreational use of special areas. The final rule is needed to remove from the regulations inconsistencies with the Federal Lands Recreation Enhancement Act (REA), which authorizes the Secretaries of the Interior and Agriculture to establish, modify, charge, and collect recreation fees at Federal recreation lands and waters for the next 10 years.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to reclassify the Utah prairie dog (Cynomys parvidens) from threatened to endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition does not provide substantial scientific or commercial information indicating that reclassification of the Utah prairie dog from threatened to endangered may be warranted. Therefore, we are not initiating a further status review in response to this petition. We are, however, initiating a 5-year review under section 4(c)(2)(A) of the Act for this species because such a review has not been conducted in the last 5 years. We ask the public to submit to us any new information that becomes available concerning the status of the Utah prairie dog or threats to the species.

The Bureau of Land Management (BLM) examined and found suitable for classification for lease and subsequent conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 15 acres of public land in Clark County, Nevada. The Legacy Vineyard Church proposes to use the land for a church and related facilities.

Notice is hereby given that the boundary of Golden Gate National Recreation Area is modified to include five acres of real property adjacent to the park. This adjustment is accomplished to include private property that the owner wishes to donate to the United States for the use of Golden Gate National Recreation Area and which the National Park Service has concluded would be a valuable addition to the park. The real property added to the park is depicted as Tract 05- 168 on Drawing No. 641/80,046, Sheet 6 of 26, Segment Map 05, dated November 3, 2006. This map is on file and available for inspection at the following locations: National Park Service, Land Resources Program Center, Pacific West Region, 1111 Jackson St., Suite 700, Oakland, CA 94607, and National Park Service, Department of the Interior, Washington, DC 20240.

The public is invited to comment on the following applications to conduct certain activities with endangered species.

We announce our receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species.

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) announces the availability of the Pinedale Draft Resource Management Plan Revision and Environmental Impact Statement (Draft RMP/EIS).

We, the Fish and Wildlife Service, announce a public meeting of the Sport Fishing and Boating Partnership Council (Council).

The following applicant has applied for a permit to conduct certain activities with endangered species.

The purpose of this document is to notify the public that the National Indian Gaming Commission is withdrawing the proposed regulations published in the Federal Register on May 25, 2006 (71 FR 30232, 71 FR 30238).

In accordance with the National Environmental Policy Act of 1969, the Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) for the Pit 14 Coal Lease-by-Application.

The ``Criteria for Developing Refuge Water Management Plans'' (Refuge Criteria), as applied in the following areas, are now available for public comment. Gray Lodge Wildlife Area. The Refuge Criteria provides a common methodology, or standard, for efficient use of water by Federal Wildlife Refuges, State Wildlife Management Areas and Resource Conservation Districts that receive water under provisions of the Central Valley Project Improvement Act (CVPIA). They document the process and format by which Refuge Water Management Plans (Plans) should be prepared and submitted to Reclamation as part of the Refuge/District Water Supply Contracts and Memorandum of Agreements. The Refuge Criteria refers to Refuges, Wildlife Areas and Resource Conservation Districts as Refuges. Those Refuges that entered into water supply contracts with Reclamation, as a result of the CVPIA and subsequent Department of the Interior administrative review processes, are required to prepare Plans using the Refuge Criteria.

We, the U.S. Fish and Wildlife Service, announce the initiation of a 5-year review of 58 species under section 4(c)(2)(B) of the Endangered Species Act (Act). The purpose of a 5-year review is to ensure that the classification of a species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants is accurate and based on the best scientific and commercial data available at the time of the review. We are requesting submission of any such information that has become available since the original listing of each of these 58 species. Based on the results of these 5-year reviews, we will make the requisite findings under section 4(c)(2)(A) of the Act. We also indicate in this notice the 5-year reviews we completed for species in California and Nevada in FY 2006.

The purpose of the Call/NOI is to gather information on oil and gas leasing, exploration, and development that might result from an OCS oil and gas lease sale tentatively scheduled in early 2008. As mandated in the recently enacted Gulf of Mexico Energy Security Act (GOMESA) of 2006 (Pub. L. 109-432, December 20, 2006), MMS shall offer a portion of the ``181 Area,'' located in the Eastern Planning Area, more than 125 miles from Florida for oil and gas leasing. The NOI seeks input for scoping a SEIS.

The U.S. Department of the Interior, Bureau of Land Management (BLM), Arcata Field Office will establish temporary restrictions pursuant to the Code of Federal Regulations, 43 CFR 8341.2 and 8364.1, to implement interim management guidelines for certain BLM-administered public lands hereafter referred to as ``Lost Coast Headlands,'' located in Township 2 North, Range 3 West, portions of Sections 13 and 24, Humboldt County, California. Lost Coast Headlands consists of approximately 400 acres and is located along the coastal bluffs approximately 6 miles southwest of Ferndale, CA. These restrictions are needed on a temporary basis until a Resource Management Plan (RMP) Amendment, which will be initiated in 2007, is completed for the area. The area is now open to dispersed recreation with an emphasis on accommodating pedestrian and equestrian access to the coastline. The temporary restrictions are as follows: The area will be open to day use, from one hour before sunrise to one hour after sunset; overnight camping, campfires, firearms use, and archery use will not be allowed; and motorized vehicle use off maintained roads and parking areas will not be allowed. Employees, agents, and permitees of the BLM may be exempt from these restrictions for administrative and emergency purposes only. Penalties include a fine not to exceed $1,000 and/or imprisonment not to exceed 12 months, and violators may be subject to the enhanced penalties under 18 U.S.C. 3571 and 18 U.S.C. 3581. These restrictions are necessary to (1) Protect aquatic and terrestrial species from the effects of unregulated impacts, (2) ensure public safety, (3) reduce the potential for wildfires in this wildland urban interface, and (4) minimize inadvertent trespass onto adjoining private property. They will remain in effect until the RMP Amendment, with full public participation, is completed.

This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with Hannahville Tribe of Potawatomi Indians (Tribe) as a cooperating agency, intends to gather information necessary for preparing an Environmental Impact Statement (EIS) for a proposed hotel and casino project to be located on 9.8 acres of a 24.8 acre parcel owned by the Tribe in Romulus, Michigan. The purpose of the proposed action is to help address the socioeconomic needs of the Tribe. This notice also announces a public scoping meeting to identify public and agency concerns and alternatives to be considered in the EIS. The Tribes' application seeks to have a portion of the off-reservation parcel taken into trust pursuant to Section 5 of the Indian Reorganization Act and implementing regulations in 25 CFR part 151, and requests a Secretarial determination pursuant to Section 20(b)(1)(A) of the Indian Gaming Regulatory Act that a proposed gaming establishment on the parcel would be in the best interest of the Tribe and its members, and not detrimental to the surrounding community. We are aware that some members of the public have expressed concerns about off-reservation gaming. In this case, the parcel is located over 450 miles from the Tribe's reservation. We are soliciting and will consider accommodating the views of elected officials (State, county, city, etc.) and community members in the local areas as part of our decision- making process. We also plan a more detailed consideration of the broad implications associated with new gaming operations within established communities where gaming is not currently conducted.

Pursuant to 36 CFR 51.23, public notice is hereby given that the National Park Service proposes to extend the following expiring concession contracts for a period of up to 1 year, or until such time as a new contract is executed, whichever occurs sooner.