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

As required by the Paperwork Reduction Act of 1995, we are submitting to the Office of Management and Budget the information collection found in the general Probate of Indian Decedents' Estates, Except for Member of the Five Civilized Tribes regulations. The purpose of this data collection is to ensure that Probate regulations are administered for the benefit of individual Indians and any persons having claims against an Indian decedent's estate.

The Bureau of Indian Affairs (BIA) is submitting to the Office of Management and Budget (OMB) the information collection, titled Grazing Permits, 25 CFR 166, OMB Control Number 1076-0157, for renewal. The purpose of this data collection is to collect information for 25 CFR 166 General Grazing Regulations as required by the Paperwork Reduction Act.

Under the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Office of the Secretary is issuing public notice of our intent to amend the existing Privacy Act system of records entitled, LLM-2 ``Range Management System.'' The system notice is published in its entirety below. Editorial changes have been made to ``Categories of individuals covered by the system'' and ``Categories of Records in the System'' to clarify who is covered and the type of information in the system. Under ``Routine Uses,'' there are changes in the provisions for ``Disclosures outside the Department of the Interior.'' Changes are also made to the ``Record access procedures'' and ``Retention and disposal'' under ``Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system.'' The Department of the Interior is issuing public notice of its intent to amend portions of an existing Privacy Act system of records subject to the Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of amendment of an existing records system maintained by the agency (5 U.S.C. 552a(e)(4)).

We, the U.S. Fish and Wildlife Service (Service, we) intend to gather information necessary to prepare a comprehensive conservation plan (CCP) and associated environmental documents for twelve (12) National Wildlife Refuges (NWRs) located in the State of North Dakota. The twelve (12) NWRs are Stump Lake, Lake Alice, Kellys Slough, Audubon, Chase Lake, Lake Nettie, McLean, Lake Zahl, Shell Lake, White Lake, Lake Ilo, and Stewart Lake. We furnish this notice in compliance with our CCP policy to advise other agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process.

The Migratory Bird Treaty Act (MBTA) prohibits the taking, killing, or possessing of migratory birds unless permitted by regulations promulgated by the Secretary of the Interior. While some courts have held that the MBTA does not apply to Federal agencies, in July 2000, the United States Court of Appeals for the District of Columbia Circuit ruled that the prohibitions of the MBTA do apply to Federal agencies, and that a Federal agency's taking and killing of migratory birds without a permit violated the MBTA. On March 13, 2002, the United States District Court for the District of Columbia ruled that military training exercises of the Department of the Navy that incidentally take migratory birds without a permit violate the MBTA. On December 2, 2002, the President signed the 2003 National Defense Authorization Act (Authorization Act). Section 315 of the Authorization Act provides that, not later than one year after its enactment, the Secretary of the Interior (Secretary) shall exercise his/her authority under Section 704(a) of the MBTA to prescribe regulations to exempt the Armed Forces for the incidental taking of migratory birds during military readiness activities authorized by the Secretary of Defense or the Secretary of the military department concerned. The Authorization Act further requires the Secretary to promulgate such regulations with the concurrence of the Secretary of Defense. The Secretary has delegated this task to the U.S. Fish and Wildlife Service (Service). In passing the Authorization Act, Congress itself determined that allowing incidental take of migratory birds as a result of military readiness activities is consistent with the MBTA and the treaties. With this language, Congress clearly expressed its intention that the Armed Forces give appropriate consideration to the protection of migratory birds when planning and executing military readiness activities, but not at the expense of diminishing the effectiveness of such activities. This rule has been developed by the Service in coordination and cooperation with the Department of Defense and the Secretary of Defense concurs with the requirements herein. Current regulations authorize permits for take of migratory birds for activities such as scientific research, education, and depredation control (50 CFR parts 13, 21 and 22). However, these regulations do not expressly address the issuance of permits for incidental take. As directed by Section 315 of the Authorization Act, this rule authorizes such take, with limitations, that result from military readiness activities of the Armed Forces. If any of the Armed Forces determine that a proposed or an ongoing military readiness activity may result in a significant adverse effect on a population of a migratory bird species, then they must confer and cooperate with the Service to develop appropriate and reasonable conservation measures to minimize or mitigate identified significant adverse effects. The Secretary of the Interior, or his/her designee, will retain the power to withdraw or suspend the authorization for particular activities in appropriate circumstances.

MMS is incorporating by reference the First Edition of the American Petroleum Institute's Recommended Practice (RP) for Cementing Shallow Water Flow (SWF) Zones in Deep Water Wells (API RP 65) into MMS regulations. From 1987 to 2004, at least 113 Outer Continental Shelf (OCS) wells encountered SWF to varying degrees. While the majority of these wells experienced SWF to only a minor degree, there were instances of severe encounters resulting in abandonment of well sites and loss of wells. This action establishes best practices for cementing wells in deep water areas of the OCS that are prone to SWF.

Notice is hereby given that Darlene R. Ketten, Ph.D., Woods Hole Oceanographic Institution, Biology Department, MRF- Room 233, MS 50, Woods Hole, MA 02543 has been issued a permit to receive, import, and export marine mammal specimens for scientific research purposes.

Notice is hereby given of contractual actions that have been proposed to the Bureau of Reclamation (Reclamation) and were pending through December 31, 2006, and contract actions that have been completed or discontinued since the last publication of this notice on November 20, 2006. From the date of this publication, future quarterly notices during this calendar year will be limited to new, modified, discontinued, or completed contract actions. This annual notice should be used as a point of reference to identify changes in future notices. 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.

Under the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Bureau of Indian Affairs (BIA) is issuing public notice of our intent to change an existing Privacy Act system of records notice entitled Interior BIA-25 ``Integrated Records Management System (IRMS),'' published at 45 FR 45381 (July 3, 1980). BIA proposes to: (1) Update the information on the location of the records; (2) identify new information that will be included in the system of records; (3) clearly state the current routine uses of the records by organizations and individuals outside of the Department of the Interior (DOI); and (4) expand the routine uses of such information to include disclosures to Federal, state, or local agencies regarding the reporting of an investigation of an employee. BIA is accomplishing these changes in part by updating its system of records through conversion to the new application, Trust Asset and Accounting Management System (TAAMS), which has replaced the Land Records Information System (LRIS) and will replace the Integrated Records Management System (IRMS).

The U.S. Army Corps of Engineers has filed an application requesting the Secretary of the Interior to withdraw 79.60 acres of public land from surface entry and transfer jurisdiction of the land from the Bureau of Land Management to the U.S. Army Corps of Engineers for 20 years to protect the Eufaula Lake Project. The land, previously withdrawn by Public Land Order (PLO) No. 6622, which expired August 5, 2006, is not subject to the United States mining laws and has been and will remain open to mineral leasing.

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

The National Park Service (NPS) announces that the Denali National Park Subsistence Resource Commission (SRC) will conduct a public meeting. The purpose of the meeting is to develop and continue work on subsistence hunting program recommendations and other related subsistence management issues. The meeting will have time allocated for public testimony. The public is welcomed to present written or oral comments to the SRC. The Denali National Park SRC program is authorized under Title VIII, Section 808, of the Alaska National Interest Lands Conservation Act, Pub. L. 96-487, to operate in accordance with the provisions of the Federal Advisory Committee Act. Draft meeting minutes will be available upon request from each Superintendent for public inspection approximately six weeks after each meeting.

Pursuant to Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended) and the implementing regulations promulgated by the Council on Environmental Quality (40 CFR 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 new General Management Plan for Ebey's Landing National Historical Reserve. The 30-day wait period was officially initiated October 13, 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 Reserve will begin to implement as its new General Management Plan the Preferred Alternative (with minor modifications from Alternative B as described in the Draft and Final EIS); this alternative was also deemed to be the ``environmentally preferred'' course of action. The selected plan features an overlay of four management zones on the Reserve: (i) Cultural and Natural Preservation Zone, (ii) Visitor Use and Development Zone, (iii) Administrative Zone, and (iv) Special Use Zonethese zones are identified based on resource condition or character, visitor experience and appropriate types of activities or facilities criteria. The new plan enhances existing programs, natural and cultural resource management, and administrative and maintenance operations. An integrated pest management program will be implemented in concert with Reserve landowners and other partners. Visitor services within the Reserve are improved, and information kiosks would be installed along State Route 20 in the Smith Prairie area and at a northern gateway location, and at the Keystone and/or Port Townsend ferry landings. The Trust Board shall continue to be responsible for setting the policies and general actions for the Reserve consistent with the Reserve's enabling legislation, GMP, and relevant NPS policies and guidelines. This includes continuing the NPS's annual appraisal of Reserve management and operations under the enabling legislation. The Trust Board would continue to oversee management and protection of lands (including fee and easements) purchased with federal money, administer programs and technical support, participate in local land use review processes, and advocate for and support the Reserve. The Reserve Manager continues to be employed by and report directly to the Trust Board (in turn, the Trust Board will conduct annual operations and staff performance reviews and submit these to the Deputy Regional Director, Pacific West). Based upon public comments and refinements desired by the planning team collaborative, the selected plan includes several modifications from the Preferred Alternative as detailed in the Final EIS, including but not limited to: the GMP will incorporate certain historic preservation and land use protection measures which were adopted by Island County after the EIS process was begun; the development of a marine science center by nonprofits will be encouraged; proposed Reserve staff additions over the next 20 years are reduced to five. Also, since release of the draft GMP, Bell Farm was removed from the proposed boundary modification at the owner's request. The proposed plan and three alternatives were identified and analyzed in the Final EIS, and previously in the Draft EIS (the latter was distributed in August 2005). A broad 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, a series of public meetings and open-houses was conducted locally. Overall approximately 40 written scoping comments and 250 written or electronic Draft EIS review comments were received (as noted above, the latter served as the source of several minor adjustments to the final selected plan). Key consultations or other contacts that aided in preparing the EIS involved (but were not limited to) Island County and Town of Coupeville officials, Ebey's Landing Trust Board, Washington State Historic Preservation Office, the Advisory Council on Historic Preservation, U.S. Fish and Wildlife Service, National Marine Fisheries Service, tribal governments, and adjoining land managing agencies. Local community groups and neighbors, farmers and local business owners, and interested organizations were contacted extensively during initial scoping and throughout the GMP planning process. Copies: Interested parties desiring to review the Record of Decision may obtain a complete copy by contacting the Reserve Manager, Ebey's Landing National Historical Reserve, P.O. Box 774, Coupeville, Washington 98239 as well as via telephone request at (360) 678-6084.

In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed approval for the collection of information on 30 CFR Part 784, Underground Mining Permit ApplicationsMinimum Requirements for Reclamation and Operation Plans.

As directed by the U.S. Congress in Pub. L. 107-59, the National Park Service (NPS) undertook a special resource study (SRS) of the Great Falls Historic District in Paterson, New Jersey. In accordance with NPS policy, the Great Falls Historic District SRS was initially undertaken as an Environmental Impact Statement (EIS) process in compliance with the National Environmental Policy Act of 1969, as amended (NEPA). A Notice of Intent to Prepare an EIS was published in the Federal Register on September 15, 2003. The purpose of an SRS is to determine the degree and kind of federal actions that may be desirable for the management and protection of an area considered to have potential for addition to the national park system. The EIS assesses the impacts of the management alternatives examined in the SRS. The SRS examines a site in terms of: significance of the resources determination of suitability of the site for inclusion within the national park system in comparison to other protected sites with similar resources or themes determination of feasibility for the NPS to own, manage or participate in conservation and interpretation in the study area need for NPS management measured against other alternatives This SRS examined the resources in the existing Great Falls Historic District, which preserves the history of the beginnings of manufacturing and labor in the United States. All of the elements of the site are located within the City of Paterson, County of Passaic, in New Jersey, adjacent to the Passaic River. Determination of the need for NPS management is the final criterion for evaluating resources for potential designation as a unit in the national park system. The study concluded that the site is determined neither suitable nor feasible for potential designation as a unit of the national park system. As a result, there is no need for NPS management and no further Federal action. Therefore, the EIS process has been terminated.

This notice announces a meeting of the Arizona Resource Advisory Council (RAC). The business meeting will be held on March 8, 2007, in Phoenix, Arizona, at the Bureau of Land Management (BLM) Arizona State Office located at One North Central Avenue, 8th floor. It will begin at 8 a.m. and conclude at 4:30 p.m. The morning agenda items to be covered include: Review of the December 7, 2006, Meeting Minutes, BLM State Director's Update on Statewide Issues; Presentations on the Rails to Trails Project and the Arizona Strip Cooperative Rangeland Monitoring Program; RAC Questions on written reports from BLM Field Managers; Field Office Rangeland Resource Team Proposals; and, Reports by the Standards and Guidelines, Recreation, Off-Highway Vehicle Use, Land Use Planning and Tenure, and Wild Horse and Burro Working Groups. A public comment period will be provided at 11:30 a.m. on March 8, 2007, for any interested publics who wish to address the Council on BLM programs and business. Under the Federal Recreation Enhancement Act, the BLM Arizona RAC has been designated the Recreation Resource Advisory Council (RRAC), and has the authority to review all BLM and Forest Service (FS) recreation fee proposals in Arizona. The afternoon meeting agenda on March 8 will be devoted to presenting the Recreation Enhancement Act (REA) Working Group Report, and reviewing one FS, and three BLM fee proposals in Arizona: (1) Sycamore Cabin (Prescott National Forest) Less than a 20-minute drive from Phoenix, Flagstaff and Prescott, this historic Prescott National Ranger house is currently available for nightly rental. The fee proposal will consider an increase from $100 to $125 per night (excluding $9 reservation fee). An additional $25 per night will be charged if a Recreational Vehicle is brought to the site. (2) Coyote Buttes Special Management Area (BLM Arizona Strip District) Just south of the Utah-Arizona border, with access located midway between Page, Arizona and Kanab, Utah on U.S. Highway 89. Visitors may hike in scenic Coyote Buttes by obtaining an online permit on a first-come, first-served basis. The existing permit fee is $5 per person, per day. The fee proposal will consider the inclusion of an online lottery for hiking permits and a $5 per application lottery fee. (3) Amenity Fee Site Proposals, Annual Recreation Pass, and Long- Term Visitor Areas (BLM Yuma Field Office). Changes to the recreation fee schedules are proposed, including an increase from $140 to $180 for a 7-month permit, and from $30 to $40 for a 14-day permit at the Field Office's two Long-Term Visitor Areas. In addition, BLM also maintains seven other developed recreation fee sites, six of which are located on the lower Colorado River. The annual pass honored at all seven of these recreation sites is proposed to increase from $50 to $75. At the six Colorado River recreation sites, BLM is proposing to establish a $10 day-use fee and a $15 overnight fee. At the seventh site, the Ehrenberg Sandbowl Off-Highway Vehicle Area, BLM is proposing to establish a $5 day-use fee and a $10 overnight fee. (4) Amenity Fee Site Proposals and Annual Recreation Pass (BLM Lake Havasu Field Office). The Annual Recreation Pass fee is proposed to increase from $50 to $100 per year, the first increase since the program began in 2002. The Annual Pass is used in lieu of paying daily permit fees (typically $4 to $20 each) for an unlimited number of overnight and day-use visits at Lake Havasu shoreline campsites and Parker Strip recreation sites. An increase in Daily Permit Fees is also proposed for the Parker Strip, from $3 to $4 to $5 for day use, and from $4 to $10 to $5 to $10 for overnight. In addition, fees proposed for the Empire Landing Campground (upon its reopening in 2008) would be $25 to $30 per day. Following the FS and BLM proposals, the RRAC will open the meeting to public comments on the fee proposals. After completing their RRAC business, the BLM RAC will reconvene to provide recommendations to the RAC Designated Federal Official on the fee proposals and discuss future RAC meetings and locations.

The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). This meeting is open to the public. The Advisory Group for the Neotropical Migratory Bird Conservation Act (NMBCA) grants program (Advisory Group) will hold its third meeting. This meeting is open to the public, and interested persons may present oral or written statements.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service and the University of Utah announce the availability of a Final Environmental Impact Statement for the Construction and Operation of a Proposed New Utah Museum of Natural History at the University of Utah, Salt Lake County, Utah.

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

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.

This notice advises the public that the Fish and Wildlife Service (Service) intends to prepare a Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA), pursuant to the National Environmental Policy Act of 1969 (NEPA) and its implementing regulations, for Back Bay National Wildlife Refuge (NWR), located within the City of Virginia Beach, Virginia. This notice also advises the public that the Service is withdrawing a previous notice, published on May 8, 2002, stating that an Environmental Impact Statement (EIS) would be developed for the refuge. Comments already received under the previous notice will be considered during preparation of the subject CCP/EA. The Service is furnishing this notice in compliance with the National Wildlife Refuge System Administration Act of 1966, as amended (16 U.S.C. 668dd et seq.): (1) To advise other agencies and the public of our intentions, and (2) to obtain suggestions and information on the scope of issues to include in the environmental documents.

The Trinity Adaptive Management Working Group (TAMWG) affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River (California) restoration efforts to the Trinity Management Council. Primary objectives of the meeting will include discussion of the following topics: Trinity River Restoration Program (TRRP) FY08 budget, 2007 Trinity River flow schedule, TRRP science program issues, 2006 salmon returns, salmon disease and mortality studies, Central Valley Project Improvement Act program review, TRRP executive director's report, and election of TAMWG officers. Completion of the agenda is dependent on the amount of time each item takes. The meeting could end early if the agenda has been completed. The meeting is open to the public.