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

This notice announces the availability of the Recirculated Draft Coachella Valley Multiple Species Habitat Conservation Plan/ Natural Community Conservation Plan (MSHCP), Supplement to the Final Environmental Impact Statement/Recirculated Draft Environmental Impact Report (EIS/EIR), and Implementing Agreement for public review and comment. The Coachella Valley Association of Governments (CVAG), Coachella Valley Conservation Commission, County of Riverside, Riverside County Flood Control and Water Conservation District, Riverside County Parks and Open Space District, Riverside County Waste Management District, Coachella Valley Water District, Imperial Irrigation District, California Department of Transportation, California Department of Parks and Recreation, Coachella Valley Mountains Conservancy, and the cities of Cathedral City, Coachella, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage (Applicants) 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 of 1973, as amended (Act). The Applicants also seek a Section 2835 permit under the California Natural Community Conservation Planning Act of 2002. The Applicants are requesting a permit to incidentally take 22 animal species and seeking assurances for 5 plant species, including 17 unlisted species should any of them become listed under the Act during the proposed 75-year term of the permit. The permit is needed to authorize incidental take of listed animal species (including harm, injury, and harassment) during development in the approximately 1.10 million-acre (1,719-square mile) Plan Area in the Coachella Valley of Riverside County, California. The MSHCP also incorporates a Public Use and Trails Plan which includes proposals that address non-motorized recreation activities on Federal and non-Federal lands in the Santa Rosa and San Jacinto Mountains. The Bureau of Land Management (BLM) is a Cooperating Agency in this planning process and will use this EIS/EIR to make decisions on BLM-administered public lands pertaining to trail use in the Santa Rosa and San Jacinto Mountains. The proposals constitute activity (implementation) level actions in furtherance of the California Desert Conservation Area Plan (1980), as amended, and the Santa Rosa and San Jacinto Mountains National Monument Management Plan (2004). The BLM will issue a separate Record of Decision regarding non-motorized recreation activities on public lands. A Supplement to the Final Environmental Impact Statement, which is the Federal portion of the EIS/EIR, has been prepared jointly by the Service and CVAG, along with the biological consultant, to analyze the impacts of the MSHCP and is also available for public review. The analyses provided in the EIS/EIR are intended to inform the public of the proposed action, alternatives, and associated impacts; disclose the direct, indirect, and cumulative environmental effects of the proposed action and each of the alternatives; and indicate any irreversible commitment of resources that would result from implementation of the proposed action. All of the alternatives in the EIS/EIR are the same as the alternatives identified in the Final MSHCP and Final EIS/EIS, dated February 6, 2006, with one exception: the Preferred Alternative without the City of Palm Springs is no longer included. The Service and the cooperating agency issued a notice of intent to prepare an EIS/EIR for the proposed MSHCP, on June 28, 2000 (65 FR 39920); a notice of availability of the Draft EIS/EIR for the proposed MSHCP on November 5, 2004 (69 FR 64581); and a notice of availability of the Final EIS/EIR for the proposed MSHCP on April 21, 2006 (71 FR 20719). The Service is issuing this notice to advise the public of revisions to the MSHCP and associated EIS/EIR which includes the following primary changes: (1) Removing the City of Desert Hot Springs as an Applicant; (2) including a Riverside County Flood Control/Water Conservation District flood control project as a Covered Activity within the Morongo Wash area, if the project meets the MSHCP's biological goals and objectives for the Covered Species and the biological goals and objectives for maintaining fluvial sand transport and providing an adequate corridor for habitat connectivity; (3) identifying the revised Santa Rosa and San Jacinto Mountains Trails Plan as the chosen trails management alternative in the EIS/EIR. The Plan is structured to be consistent with larger recovery efforts for the bighorn sheep and takes an adaptive management approach to balancing its goals of: (a) Minimizing the risk of potential adverse impacts to Peninsular bighorn sheep from recreational activities, and (b) providing recreational opportunities for hikers, equestrians, and mountain bikers; and (4) identifying changes to conservation area boundaries to reflect ``like exchanges'' approved by the applicants since the publication of the Final MSHCP, dated February 6, 2006. The ``like exchanges'' include Citrus Ranch, Lumkes Family Trust, Nott, Indio Water Authority Reservoirs, and the City of Cathedral City.

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) intend to prepare an EIS/EIR for the Delta-Mendota Canal (DMC) Recirculation Project. Reclamation is the Federal lead agency for NEPA and DWR is the State lead agency for CEQA. The purpose of the project is to prepare a feasibility study of the DMC Recirculation Project that will evaluate the costs, benefits, feasibility, and impacts of possibly recirculating water from the DMC Canal for release to the San Joaquin River. Recirculation may provide additional flows for fishery objectives and may help to meet San Joaquin River water quality objectives, while reducing the reliance on the New Melones Reservoir for water releases. As part of the feasibility study process, a Draft EIS/EIR is expected to be available in 2008.

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 calender days from the date of publication in the Federal Register.

The Forest Service has filed an application with the Bureau of Land Management (BLM) that proposes to extend the duration of Public Land Order (PLO) No. 6652 for an additional 20-year term. PLO No. 6652 withdrew 30 acres of National Forest System land from the mining laws, but not from other forms of disposition as may by law be authorized on National Forest System land or the mineral leasing laws to protect the Petersburg Administrative Site in Siskiyou County. This notice also gives an opportunity to comment on the proposed action and to request a public meeting.

Pursuant to the National Environmental Policy Act (NEPA) of 1969 (as amended) and the general authority to conduct water resources planning under the Reclamation Act of 1902 and all acts amendatory thereof and supplementary thereto, the Bureau of Reclamation (Reclamation) has prepared a Planning Report and Draft Environmental Impact Statement (PR/DEIS). This document was undertaken to provide a discussion for the (1) various ways to provide a municipal and industrial (M&I) water supply to the Navajo Nation; City of Gallup, New Mexico; and Jicarilla Apache Nation; (2) identification of a preferred alternative; and (3) associated environmental impacts and costs of such an endeavor, should it be undertaken. The PR/DEIS presents alternatives for providing an anticipated year 2040 M&I water supply for the project area. Alternatives considered include diverting and distributing water from the San Juan River using various configurations, water conservation using existing groundwater supplies, and no action.

On December 8, 2004, the shipping vessel M/V Selendang Ayu ran aground and broke apart between Skan Bay and Spray Cape on Unalaska Island, in Alaska's Aleutian Islands. The vessel was carrying approximately 446,280 gallons of Intermediate Fuel Oil 380 (IFO) and 21,058 gallons of Marine Diesel Oil (MDO). Although a portion of the oils were eventually removed from the vessel, 339,538 gallons of the IFO 380 and 14,680 gallons of marine diesel were discharged into the environment over time. This Notice of Intent to Conduct Restoration Planning (Notice), issued pursuant to 15 CFR 990.44, pertains to the discharge of oil from the M/V Selendang Ayu described above (the Incident). The Unified Command for the Incident undertook response activities to clean up the discharged oil. Under section 1006(b) of the Oil Pollution Act of 1990 (OPA), 33 U.S.C. 2706(b), the President has designated the Secretary of the U.S. Department of the Interior (DOI), represented by the Regional Director of the Fish & Wildlife Service (FWS), Alaska Region, and the Secretary of the U.S. Department of Commerce (DOC), represented by the National Oceanic Atmospheric Administration, as Federal trustees of natural resources for this Incident. The Governor of the State of Alaska has designated the Commissioners of the Alaska Departments of Fish & Game, Environmental Conservation and Natural Resources, and the Alaska Attorney General as State trustees of natural resources. The Federal and State trustees for the Incident will be referred to herein collectively as the Trustees. The Trustees have determined that they have jurisdiction to enter into the restoration planning phase of a Natural Resource Damage Assessment under OPA and its implementing regulations and that it is appropriate to do so. The purpose of this phase is to prepare a plan for the restoration, rehabilitation, replacement or acquisition of the equivalent of the natural resources and services injured, destroyed or lost as a result of the Incident.

In accordance with section 102(2)(c) of the National Environmental Policy Act of 1969 and 43 CFR part 3809, the Bureau of Land Management (BLM) Ely Field Office, Nevada intends to prepare an Environmental Impact Statement (EIS) for a proposed consolidation and expansion of the existing Plans of Operation for Barrick Gold Corporation's Bald Mountain Mine and Mooney Basin Mine located in White Pine County, Nevada. The two existing mines would be combined into one new expanded operation which would be called the North Operations Area. The EIS will analyze anticipated impacts of the expansion under this new consolidated Plan of Operation, and will incorporate analysis from a previous EIS and environmental assessments associate with the existing disturbance.

Under provisions of the Paperwork Reduction Act of 1995 and 5 CFR part 1320, Reporting and Recordkeeping Requirements, the National Park Service (NPS) invites public comments on an extension of a currently approved collection of information (OMB 1024-0233).

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Siskiyou Mountains salamander (Plethodon stormi) and Scott Bar salamander (Plethodon asupak) as threatened or endangered, under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that listing these species may be warranted. Therefore, with the publication of this notice, we are initiating status reviews of these species, and we will issue a 12-month finding to determine if the petitioned action is warranted. To ensure that the status review of the Siskiyou Mountains and Scott Bar salamanders is comprehensive, we are soliciting scientific and commercial data regarding these species. A determination on critical habitat will be made if and when a listing action is initiated for these species.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Land Management (BLM), Casper Field Office announces its intent to prepare one EIS titled ``South Gillette Area Coal EIS'' on the potential and cumulative impacts of leasing four tracts of Federal coal. Consistent with Federal regulations promulgated for the Minerals Leasing Act of 1920, as amended, 43 Code of Federal Regulations (CFR) 3425, the BLM must prepare an environmental analysis prior to holding a competitive Federal coal lease sale.

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 K'oyitl'ots'ina, Limited, Successor in Interest to Bin Googa, Inc. The lands are in the vicinity of Huslia, Alaska, and are located in:

Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA), and Public Resources Code, sections 21000- 21177 of the California Environmental Quality Act (CEQA), the Bureau of Reclamation (Reclamation), the lead Federal agency, and the Sonoma County Water Agency (SCWA), the local sponsor and CEQA lead agency, have made available for public review and comment a Draft EIS/EIR for the NSCARP. The NSCARP Draft EIS/EIR describes a no action alternative (Alternative 1) and three action alternatives (Alternative 2, Alternative 3, and Alternative 4) that include numerous features that would create an agricultural irrigation system comprised of 19 recycled water storage reservoirs totaling about 11,200 acre-feet in storage capacity. In addition, NSCARP would involve the design and construction of approximately 112 miles of transmission pipeline and numerous pumping stations for conveying water from the Geysers Pipeline to the storage reservoirs, and for distribution of the storage recycled water from the reservoirs to approximately 21,500 acres of agricultural lands. As part of the NEPA/CEQA process, one public hearing will be held to provide interested individuals and organizations with an opportunity to comment verbally and in writing on the NSCARP Draft EIS/EIR.

A single 282.50 acre parcel of Federal public land located in south Goodyear, Maricopa County, Arizona, has been examined and found suitable for sale utilizing competitive sale procedures. The authority for the sale is Section 203 of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701 and 1713).

The following described public lands, comprising approximately 80 acres in San Juan County, New Mexico have been examined and found suitable for direct sale to City of Bloomfield, at not less than the appraised value of $2,200,000.00, for use as an industrial park. The authority for the sale is Section 203(f)(2) of the Federal Land Policy and Management Act of 1976, as amended, 43 U.S.C. 1701 et seq. (FLPMA), and CFR 2711.3-3(a), and will take place according to the procedures governing direct sales of public land.

An 80.00 acre parcel of public land in Ada County, Idaho is being proposed for competitive sale under the provisions of the Federal Land Policy Management Act of 1976 (FLPMA), at no less than the appraised fair market value.

Pursuant to National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of a Final Environmental Impact Statement for the Ellis Island Development Concept Plan, Statute of Liberty National Monument and Ellis Island, New York and New Jersey. The primary purpose of the FEIS is to finalize the documentation of the environmental consequences of alternative management strategies for the rehabilitation and adaptive reuse of 30 deteriorating buildings on Ellis Island, and the limited service and emergency access that are described in the preferred alternative of the Development Concept Plan. The Development Concept Plan/Final Environmental Impact Statement (DCP/FEIS) evaluates three (3) alternatives regarding the future of the vacant historic buildings of Ellis Island. ``Alternative 1: No Action Continutation of Existing Management Direction,'' describes the conditions after only temporary stabilization of the buildings and the existing vehicular service bridge. The eventual result of the no action alternative is the complete or near-complete loss of these resources as the effects of temporary stabilization expire. This alternative provides the basis of comparison to judge the potential impacts of the two ``action'' alternatives. Both action alternatives would include a new service bridge to New Jersey for emergency and service vehicles; the no action alternative would not. ``Alternative 2: Ellis Island PartnersDay Use Only,'' describes conditions that would result after the buildings are rehabilitated as a campus for multiple non-profit/ institutional uses complimenting the historic of Ellis Island ``Alternative 3: Ellis Island Institute with Overnight Accommodations'' (the preferred alternative), describes the conditions if the buildings were rehabilitated as an educational, non-profit institute with an associated conference/retreat center. The facilities would include overnight accommodations to host meetings, retreats, and workshops primarily focusing on issues such as immigration, world migration, public health, family history, historic preservation, and the environment. The preferred alternative would accomplish the goals and objectives set forth in the NPS 1982 Statute of Liberty National Monument General Management Plan which identified several major buildings on the north side of the island for rehabilitation and reuse by the NPS for interpretation, visitor services and administration (subsequently completed utilizing private funds raised by the Statue of Liberty-Ellis Island Foundation), and proposed that the balance of the buildings on the island, including all of the south-side buildings, be preserved on the exteriors and adapted for reuse by either the NPS or a private organization under a lease agreement or concession contract. The DCP/FEIS documents the project's requirements to comply with NPS Director's Order 21 and the Partnership Construction Process, as well as the requirement for additional analysis to confirm the economic and programmatic viability of the proposed action. The results of these studies will guide the scope, design and build-out of this project. If the project is determined by the NPS to not be economically feasible, the NPS will consider alternatives for management of Ellis Island taking into account the information gained from said market analysis and feasibility studies and other facts then available. This further consideration of alternatives will be conducted in accordance with applicable requirements of the National Environmental Protection Act and the National Historic Preservation Act (as amended). The release of the Development Concept Plan/Draft Environmental Impact Statement in June 2003, and publication of the Notice of Availability in the Federal Register on June 25, 2003 began a 60-day review period of the draft document. During that review period, the National Park Service held two public meetings to provide agencies and the public an opportunity to comment on the draft document. During the public comment period on the draft document, comments were received in the form of letters, cards, and emails. Written and verbal comments were submitted at public hearings. All substantive comments have been addressed in the ``Consultation and Coordination'' chapter of the DCP/ FEIS.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Pecos sunflower (Helianthus paradoxus) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1579.3 acres (ac) (639.1 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. Proposed critical habitat is located in Chaves, Cibola, Guadalupe, Socorro, and Valencia Counties, New Mexico, and in Pecos County, Texas.

In accordance with the Federal Land Policy and Management Act of 1976 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management Eastern Washington Resource Advisory Council will meet as indicated below.

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

We, the Fish and Wildlife Service (Service), publish this notice to list programs or portions of our programs that are eligible for inclusion in Fiscal Year 2007 funding agreements with self- governance tribes, and to list programmatic targets pursuant to section 405(c)(4) of the Tribal Self-Governance Act.

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 July 31, 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 March 29, 2007, meeting of the Bureau of Land Management's (BLM) Resource Advisory Councils Recreation Subcommittee has been cancelled.

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 of oil and gas lease COC64225 from Tatonka Oil and Gas Company, LLC for lands in Moffat County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

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 of oil and gas lease COC64228 from Tatonka Oil and Gas Company, LLC for lands in Moffat County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.