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

The Coastal Prairie Coalition, Grazing Lands Conservation Initiative (GLCI) (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act (Act) of 1973, as amended. The requested permit, which is for a period of 99 years, includes a draft Safe Harbor Agreement (Agreement) for the endangered Attwater's prairie chicken (Tympanuchus cupido attwateri), the endangered Northern aplomado falcon (Falco femoralis septentrionalis), the endangered Whooping crane (Grus Americana), and the endangered black lace cactus (Echinocereus reichenbachii var. albertii) in all or portions of Aransas, Austin, Colorado, Galveston, Goliad, Refugio, and Victoria counties, Texas. We invite public comment.

We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Patrick McShane and Martha Dey (Applicants) request an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants anticipate taking about 0.31 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub- jay) foraging and sheltering habitat incidental to lot preparation for the construction of a single-family home and supporting infrastructure in Sarasota County, Florida (Project). The destruction of 0.31 acre of foraging and sheltering habitat is expected to result in the take of one family of scrub-jays. The Applicants' HCP describes the mitigation and minimization measures proposed to address the effects of the Project on the Florida scrub-jay.

The National Park Service (NPS) announces the availability of the Final Environmental Impact Statement (FEIS) for the General Management Plan (GMP) for Castillo de San Marcos National Monument, Florida. This document will be available for public review pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969 and NPS policy in Director's Order Number 2 (Park Planning) and Director's Order Number 12 (Conservation Planning, Environmental Impact Analysis, and Decision-making). The authority for publishing this notice is 40 CFR 1506.6. The document provides a framework for management, use, and development of the historic site by the NPS for the next 15 to 20 years. The document describes four management alternatives, including a No-Action Alternative and the NPS's preferred alternative. The anticipated environmental impacts of those alternatives are also analyzed. Public comment on the draft plan was considered when preparing the final document.

This notice publishes the approval of the extension of agreement between the Northern Cheyenne Tribe and the State of Montana concerning Class III gaming, with the incorporated amendments.

The Bureau of Land Management (BLM) Jarbidge Field Office, in order to protect natural resources and stabilization treatments conducted following the 2006 Sailor Cap Fire, is implementing an emergency temporary closure to all motorized vehicle traffic off established roads which are capable of being traveled by full size vehicles (e.g. all-terrain vehicles, pickups, motorcycles, sport utility vehicles, snowmobiles, etc.) within the fire perimeter and along fenced livestock allotments. The closure area follows the most logical boundaries according to transportation routes (please refer to supplementary information for description of closure area). The purpose of the closure is to restrict off-road vehicle use while providing continued public access to and through the area. Vehicles traveling cross-country in a burned area may damage reemerging plants, increase erosion and spread noxious weeds. Motorized vehicles may continue to use established roads capable of being traveled by full size vehicles.

This notice publishes the Liquor Control Ordinance of the Kiowa Indian Tribe of Oklahoma (Tribe). The Ordinance regulates and controls the possession, sale, and consumption of liquor within the tribal lands. The tribal lands are located in Indian country and this Ordinance allows for possession and sale of alcoholic beverages within their boundaries. This Ordinance will increase the ability of the tribal government to control the community's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.

Under Public Law 106-465, the Sand Creek Massacre Site Establishment Act of 2000, the Secretary of the Interior hereby announces that sufficient lands have been acquired to establish the Sand Creek Massacre National Historic Site in Kiowa County, Colorado. Public Law 106-465 called for the Secretary of the Interior to establish the Sand Creek Massacre National Historic Site once the Secretary had determined that sufficient lands had been acquired by the federal government to provide for the preservation, memorialization, commemoration, and interpretation of the Sand Creek Massacre. The Act authorized the National Park Service to acquire up to 12,500 acres from willing sellers for this purpose. Between 2002 and 2004 the United States acquired 920 acres within the authorized boundaries. On September 9, 2006, pursuant to Public Law 109-45, the Sand Creek Massacre National Historic Site Trust Act of 2005, the Cheyenne and Arapaho Tribes of Oklahoma conveyed to the United States title to 1465 acres within the authorized boundaries to be held in trust for the purposes of the Sand Creek Massacre National Historic Site. With this conveyance, the United States has acquired a sufficient amount of the nationally significant resources that are integral to the preservation, commemoration and interpretation of the Sand Creek Massacre.

Under provisions of the Paperwork Reduction Act of 1995 and 5 CFR part 1320, Reporting and Recordkeeping Requirements, the National Park Service (NPS) invites comments on an extension of a currently approved collection of information (OMB Control 1024-0231).

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements for ``Comprehensive Test Ban Treaty, USGS Form 9-4040-A.'' This notice also provides the public a second opportunity to comment on the paperwork burden of this form.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements for ``Industrial Minerals Surveys, (38 USGS forms).'' This notice also provides the public a second opportunity to comment on the paperwork burden of these forms.

The Fish and Wildlife Service is initiating 5-year reviews of the Southeastern beach mouse (Peromyscus polionotus niveiventris), rice rat (Oryzomys palustris natator), Florida salt marsh vole (Microtus pennsylvanicus dukecampbelli), Key Largo woodrat (Neotoma floridana smalli), Florida grasshopper sparrow (Ammodramus savannarum floridanus), Atlantic salt marsh snake (Nerodia clarkii taeniata), Schaus swallowtail butterfly (Heraclides aristodemus ponceanus), Squirrel Chimney Cave shrimp (Palaemonetes cummingi), Florida bonamia (Bonamia grandiflora), pigeon wings (Clitoria fragrans), short-leaved rosemary (Conradina brevifolia), Rugel's pawpaw (Deeringothamnus rugelii), longspurred mint (Dicerandra cornutissima), Lakela's mint (Dicerandra immaculata), scrub buckwheat (Eriogonum longifolium var. gnaphalifolium), Telephus spurge (Euphorbia telephioides), Highlands scrub hypericum (Hypericum cumulicola), scrub lupine (Lupinus aridorum), papery whitlow-wort (Paronychia chartacea), Miccosukee gooseberry (Ribes echinellum), Cooley's meadowrue (Thalictrum cooleyi), and Carter's mustard (Warea carteri), under section 4(c)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended (Act). The purpose of reviews conducted under this section of the Act is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants (50 CFR 17.11 and 17.12) is accurate. A 5-year review is an assessment of the best scientific and commercial data available at the time of the review.

Per 30 U.S.C. 188(d), Upton Resources, Encore Operating, LP, Northern Energy Corporation and WHC Exploration, LLC timely filed a petition for reinstatement of oil and gas lease NDM 93550, Billings County, North Dakota. The lessees paid the required rental accruing from the date of termination. No leases were issued that affect these lands. The lessees agree to new lease terms for rentals and royalties of $10 per acre and 16\2/3\ percent or 4 percentages above the existing competitive royalty rate. The lessees paid the $500 administration fee for the reinstatement of the lease and $163 cost for publishing this Notice. The lessees met the requirements for reinstatement of the lease per Sec. 31(d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The increased rental of $10 per acre; The increased royalty of 16\2/3\ percent or 4 percentages above the existing competitive royalty rate; and The $163 cost of publishing this Notice.

The U.S. Fish and Wildlife Service (Service) announces the receipt of thirteen applications for enhancement of survival permits that would be issued pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The applications were developed in conjunction with a Template Safe Harbor Agreement (Template SHA) for the Columbia Basin pygmy rabbit (Brachylagus idahoensis). The thirteen permit applicants are: (1) Mr. Raymond Mayer; (2) Rimrock Meadows Association; (3) ABS Farms LLC; (4) Sagebrush Flats Farm; (5) Mr. Eric Long; (6) Mr. W. Paul Malone; (7) Tom Davis Farms J.V.; (8) Mr. Dale Pixlee; (9) Clements Farm, Inc.JBS Farms; (10) Heer Brothers J.V.; (11) Mr. Don Roberts; (12) David Adams Family LLC; and (13) Evans Brothers J.V. Issuance of permits to these applicants would exempt incidental take of the Columbia Basin pygmy rabbit, which would otherwise be prohibited by section 9 of the Act, that is above the baseline conditions of properties enrolled under the Template SHA, and that may result from the permittees' otherwise lawful land-use activities. The Service requests comments from the public regarding the proposed issuance of permits to these thirteen applicants. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire commentincluding your personal identifying informationmay be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

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

Notice is hereby given that the United States Department of the Interior, Bureau of Land Management (BLM), Colorado State Office, will reoffer certain coal resources describe below as Federal coal lease by application (LBA) COC 68590 in Moffat County, Colorado, for competitive sale 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 (30 U.S.C. 181 et seq.).

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) Idaho Falls District Resource Advisory Council (RAC), will meet as indicated below.

The following applicants have applied for scientific research permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, the National Park Service (NPS) announces the availability of the Record of Decision (ROD) for the Final General Management Plan/Environmental Impact Statement (GMP/EIS) for Badlands National Park, North Unit (park). A separate GMP is being developed for the guidance and management of the South Unit of Badlands National Park, and is scheduled to be completed in three years. Specifically, the NPS has selected the preferred alternative as described in the Final GMP/EIS. Under the selected action, the NPS will provide expanded opportunities for visitors to use the North Unit of the park. The number of locations where visitors could obtain park information and orientation will be increased with new visitor contact stations added near Pinnacles and in the town of Scenic. In addition, more hiking trails and routes will be designated in various parts of the park. Education pavilions will be added in the Conata picnic area and west of County Road 502 along with a group campground. Additional studies and environmental documents will be developed, as appropriate, to examine alternative road alignments for the Loop Road at Cedar Pass. Finally, the NPS will recommend expanding the park's boundaries in two locations to enhance resource protection and offer additional visitor experiences. One boundary expansion will incorporate approximately 5,400 acres along South Dakota Highway 44. The other recommended addition will be 4,500 acres along the western edge adjacent to the wilderness area. The selected action and three other alternatives were analyzed in the draft and final GMP/EIS. The full range of foreseeable environmental consequences was assessed. Among the alternatives the NPS considered, the selected action best achieves a high standard of natural and cultural resource protection with improved opportunities for visitors in the park. Furthermore, the selected action responds to the changing visitation pattern the park has been experiencing. In the recent years, western South Dakota has become more of a destination for visitors with Rapid City serving as the hub for this visitation. This shift in tourism patterns has increased the number of park visitors entering the park through the western entrances. The selected action also provides needed improvements for park operations, such as areas for additional park housing and research support. The park is located in a rural area and housing for employees is limited in the surrounding communities. In addition, the park has developed a good relationship with the natural resources research community but has limited facilities for supporting these efforts. The selected action would address the need to provide facilities for park operations and research. The selected action also meets national environmental policy goals will not result in the impairment of resources and values. The ROD includes a statement of the decision made, synopses of other alternatives considered, the basis for the decision, the rationale for why the selected action is the environmentally preferred alternative, a finding of no impairment of park resources and values, and an overview of public involvement in the decisionmaking process.

The U.S. Fish and Wildlife Service (Service) announces that the final Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for Kirwin National Wildlife Refuge (Refuge) are available. This final CCP/EA describes how the Service intends to manage the Refuge for the next 15 years.

This notice announces the May 10 meeting of the Royalty Policy Committee (RPC). Agenda items for the meeting of the RPC will include remarks from the Director, MMS, and the Associate Director, Minerals Revenue Management (MRM), as well as presentations on the MRM Financial Management, Audit and Compliance, and Enforcement Programs. Updates will be provided by the Federal Oil and Gas Valuation, Oil and Gas Royalty Reporting, Coal, Indian Oil Valuation, and Royalty Management subcommittees. The RPC membership includes representation from states, Indian Tribes, various mineral interests, the public-at-large (with knowledge and interest in royalty issues), and other Federal departments.

We, the Fish and Wildlife Service (Service), announce our revised 12-month finding on a petition to list the upper Missouri River Distinct Population Segment (DPS) of fluvial Arctic grayling (Thymallus arcticus) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we find that fluvial Arctic grayling of the upper Missouri River does not constitute a species, subspecies, or distinct population segment under the Act. Therefore, we find that the petition to list the upper Missouri River DPS of fluvial Arctic grayling is not warranted, and we withdraw the fluvial Arctic grayling from the candidate list. The Service continues to seek new information on the taxonomy, biology, ecology, and status of fluvial Arctic grayling and to support cooperative conservation of fluvial Arctic grayling in the upper Missouri River system.

Under the provisions of the Paperwork Reduction Act of 1995 and 5 CFR part 1320, Reporting and Record Keeping Requirements, the National Park Service (NPS) invites public comments on a proposed new collection of information (1024-xxxx).

The U.S. Fish and Wildlife Service (Service) announces that the Final CCP is available for the Cabeza Prieta National Wildlife Refuge (Refuge). This CCP is prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, the National Environmental Policy Act of 1969, and the Wilderness Act of 1964. The CCP describes how the Service intends to manage this Refuge over the next 15 years.

The U.S. Fish and Wildlife Service (Service) announces that the Final CCP is available for Salt Plains National Wildlife Refuge (Refuge). This CCP was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969. Goals and objectives in the CCP describe how the Service intends to manage the Refuge over the next 15 years.