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

The U.S. Fish and Wildlife Service (Service or we) is publishing harvest regulations for migratory bird subsistence hunting in Alaska for the 2007 season. This final rule establishes regulations that prescribe frameworks, or outer limits, for dates when harvesting of birds may occur, species that can be taken, and methods and means that are excluded from use. These regulations were developed under a Co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. These regulations provide a framework to enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking establishes regulations that go into effect on April 2, 2007, and expire on August 31, 2007.

This notice sets forth the date of the April 28, 2007 meeting of the Flight 93 Advisory Commission.

The Bureau of Reclamation (Reclamation) and the Cachuma Operation and Maintenance Board (COMB) are planning to prepare a combined EIS/EIR for the proposed construction of a second pipeline adjacent to the South Coast Conduit (SCC) between the South Portal of the Tecolote Tunnel (SPTT) and the Corona Del Mar Water Treatment Plant (CDMWTP) for the purposes of increasing the operational flexibility, reliability, and the conveyance capacity of the SCC, accommodating peak demand levels, and allowing maintenance of the pipeline. The project site is located in Glen Annie Canyon, north of the City of Goleta, in Santa Barbara County, California. The project site encompasses the area surrounding the existing SCC between the SPTT and the CDMWTP.

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 Maserculiq, Incorporated. The lands are in the vicinity of the Native village of Marshall, Alaska, and are located in:

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

We invite the public to comment on the following applications to conduct certain activities with endangered species.

We are announcing receipt of a proposed amendment to the Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Virginia is proposing to revise its remining regulations to make three provisions permanent by deleting a termination date of September 30, 2004, from the regulations. The amendments are intended to render the State's regulations consistent with recent amendments to SMCRA.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(c)), the National Park Service (NPS) announces the availability for the Abbreviated Final Environmental Impact Statement and General Management Plan Amendment (EIS/GMPA) for Dayton Aviation Heritage National Historical Park, Ohio.

In accord with section 102(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.), the National Park Service (NPS) has undertaken a conservation planning and environmental impact analysis process for updating the General Management Plan (GMP) for Pinnacles National Monument. An Environmental Impact Statement (EIS) will be prepared concurrently with the GMP. The GMP will address desired conditions for the Monument, uses or treatment needs for resource protection, visitor use and other management goals thus serving as a ``blueprint'' to guide management of natural and cultural resources and visitor use during the next 15-20 years. This notice supersedes the previous notice published in the Federal Register on November 19, 1998 (Vol. 63, No. 223). Background: Pinnacles National Monument preserves an ecologically- rich, geologically-spectacular, and culturally-significant landscape in the Central Coast region of California. Established in 1908 and named for dramatic rock formations that are the remains of an ancient volcano, the Monument preserves a landscape shaped by earthquake, fire, and flood. The Monument is rich in plant and animal life that inhabit the park's chaparral, oak woodland, talus cave, riparian, and rock-and- scree habitats. In 2003, Pinnacles became the home once again to the California condor, one of the nation's most endangered species, elevating the Monument's profile substantially throughout the region. Pinnacles preserves a rich human history with archeological sites reaching back at least 2,000 years, revealing use by indigenous people. Sites from the 1800s reflect the homesteading history of the area. In the 1930s, the Civilian Conservation Corps played the central role in the development of the Monument that visitors enjoy today, evidenced by roads, a visitor center, numerous park structures, and an outstanding trail system that stands as an important cultural resource in itself. Located 100 miles south of the greater San Francisco Bay Area, Pinnacles is on the edge of one of the state's most populated and fastest-growing areas. Since 1976, Pinnacles has grown from 16,271 acres to 24,436 acres. In 1976, 15,985 acres were designated by Congress as Wilderness (and several tracts of land since transferred from the BLM bring the Wilderness total acreage to 16,048). Also, acquisition of the 2,000-acre Pinnacles Ranch during the spring of 2006 has added substantial new resources, infrastructure, recreational opportunities, and management challenges. A new GMP reflecting contemporary issues and challenges facing Pinnacles in the future is essential. The plan will provide direction for park management through the establishment of management zones, user capacities and appropriate types and levels of development and recreational use for all areas of the park. Resource protection, visitor experiences, community relationships, and relationships with neighboring land management agencies will be improved through completion and implementation of the GMP. Scoping Process: The purpose of the scoping outreach efforts is to elicit public comment regarding issues and concerns, the nature and extent of potential environmental impacts (and appropriate mitigation measures) that should be addressed in the plan. Major issues anticipated to be addressed in the EIS include: What are the desired conditions for native/endemic ecosystems? What are the desired conditions for Wilderness areas? What are the desired conditions for cultural resources and cultural landscapes? What areas and structures are appropriate for museum collections storage, preservation and accessibility for research? What is the desired visitor experience throughout the Monument (east side, west side, high peaks, Bear Gulch, Chalone, Chaparral, Pinnacles Ranch, campground, backcountry, Wilderness)? What are appropriate visitor use levels for different parts of the Monument? What transportation options should be considered for providing access to and within the Monument? What types of trail (or other) access are appropriate, and where? What is the appropriate level of development in different parts of the Monument, and what areas are appropriate for park administration and operations activities? How should the NPS work with nearby communities to encourage community understanding of the Monument and to address potential effects of development and population growth in neighboring communities on ecological, scenic, and Wilderness values of the Monument? Are there any recommendations for changes in the authorizing legislation for Pinnacles National Monument that should be considered in the GMP? Comments: Through the outreach activities planned in this final scoping effort, the NPS welcomes additional information and suggestions from the public regarding resource protection, visitor use, and land management. This notice formally resumes the public scoping comment phase for the EIS process for the GMP. All interested persons, organizations, agencies, and American Indian tribes wishing to express new concerns or provide information about management issues which should be addressed in the GMP and environmental impact analysis process are encouraged to contact the Superintendent (previous responses are contained in the administrative record and do not need to be resubmitted). All comments received will become part of the public record. 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. At this time, public scoping meetings are anticipated to be held during the spring of 2007; details will be announced widely in local and regional news media, via direct park mailings and through the GMP Web site: (https://parkplanning.nps.gov/pinn). All attendees will be given the opportunity to ask questions and provide comments to the planning team. The Web site will provide the most up-to-date information regarding the project, including project description, planning process updates, meeting notices, reports and documents, and useful links associated with the project. All written comments regarding the preparation of the EIS/GMP must be postmarked or transmitted not later than May 31, 2007 and should be submitted directly to General Management Plan Team, Pinnacles National Monument, 5000 Hwy 146, Paicines, CA 95043 (or electronically through the Web site noted above). Decision Process: At this time, the draft EIS/GMP is expected to be released for public review during the fall of 2008; following due consideration of all comments as may be submitted, the final document is anticipated to be completed in the summer of 2009. Formal announcement of the availability of both documents will be published in the Federal Register, publicized via local and regional media and the internet, and via direct mailing to the project mailing list. Responsibility for approving the Final EIS/GMP is delegated to the NPS, and the official responsible for the final decision is the Regional Director, Pacific West Region; subsequently the official responsible for implementing the approved GMP is the Superintendent, Pinnacles National Monument.

The following described public lands, comprising approximately 200 acres in San Juan County, New Mexico, have been examined and found suitable for sale to San Juan County, at not less than the fair market value of $400,000, for use as an industrial park. The sale will be conducted under the authority of 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.

This notice informs the public that the Assistant Secretary Indian Affairs proclaimed approximately 30.754 acres, more or less, to be added to the Pueblo of Laguna Reservation (Laguna), New Mexico.

This notice informs the public that the Assistant Secretary Indian Affairs proclaimed approximately 56.50 acres, more or less, as an addition to the Jicarilla Apache Nation Reservation, New Mexico.

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

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for two southern California plants: Ceanothus ophiochilus (Vail Lake ceanothus) and Fremontodendron mexicanum (Mexican flannelbush). We also announce the availability of the draft economic analysis for the proposed critical habitat designations and an amended Required Determinations section of the proposal. The draft economic analysis identifies potential costs will be $385,000 to $659,000 in undiscounted dollars over a 20-year period as a result of the proposed designation of critical habitat, including those costs coextensive with listing and recovery. Discounted future costs are estimated to be $325,000 to $559,000 ($22,000 to $38,000 annualized) at a 3 percent discount rate, or $272,000 to $471,000 ($26,000 to $44,000 annualized) at a 7 percent discount rate. The amended Required Determinations section provides our determination concerning compliance with applicable statutes and Executive Orders that we have deferred until the information from the draft economic analysis of this proposal was available. We are reopening the comment period to allow all interested parties to comment simultaneously on the proposed rule, the associated draft economic analysis, and the amended Required Determinations section.

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the subsurface estate in certain lands for conveyance pursuant to the Alaska National Interest Lands Conservation Act will be issued to Bristol Bay Native Corporation. The lands are in the vicinity of Pedro Bay, Alaska, and are located in:

We, the U.S. Fish and Wildlife Service (Service), are adding four marine taxa to the List of Endangered and Threatened Wildlife (List) in accordance with the Endangered Species Act of 1973, as amended. These amendments are based on previously published determinations by the National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Department of Commerce, which has jurisdiction for these species. These four taxa are the Southern Distinct Population Segment (DPS) of green sturgeon (Acipenser medirostris), staghorn (Acropora cervicornis) and elkhorn (Acropora palmata) corals, and the Southern Resident killer whale DPS (Orcinus orca).

The Bureau of Reclamation is announcing an extension of the public comment period for the Red River Valley Water Supply Project SDEIS. The previously announced comment period for the SDEIS was published in the Federal Register on February 9, 2007 (72 FR, 6285- 6286) informing the public that the comment period would end on March 26, 2007. We are now notifying the public that Reclamation and the State of North Dakota are extending the comment period for an additional 30 days. Accordingly, the public comment period is extended to April 25, 2007.

In accordance with the Federal Advisory Committee Act, the Bureau of Indian Education is announcing that the Advisory Board for Exceptional Children will hold its next meeting in Miami, FL. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) on Indian children with disabilities.

This notice publishes an amendment to the Liquor Ordinance of the Chippewa Cree Tribe of the Rocky Boy's Indian Reservation of Montana (Tribe). This amendment brings the existing Liquor Ordinance of the Tribe which regulates and controls the possession, sale and consumption of liquor within the Tribe's reservation into conformance with state law. The Liquor Ordinance allows for possession and sale of alcoholic beverages within the Tribe's Indian reservation, and increases the ability of the tribal government to control the Tribe's liquor distribution and possession. At the same time it will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.

This notice informs the public that the Principal Deputy Assistant SecretaryIndian Affairs proclaimed approximately 63.52 acres, more or less, as the Jena Band of Choctaw Reservation for the Jena Band of Choctaw Indians of Louisiana (Jena Band).

The Bureau of Land Management published a document in the Federal Register of February 23, 2007, concerning a notice of proposed withdrawal. The document contained errors in the land description.