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

Certain lands located in northwestern Nevada partly within the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area will be temporarily closed or restricted and certain activities will be temporarily prohibited in and around the site of the Burning Man event administered by the BLM Winnemucca Field Office in Pershing County, Nevada. These lands are referred to in this notice as the ``Event Area'' and the ``Public Closure Area,'' respectively. The specified closures, restrictions and prohibitions are made in the interest of public safety, to protect public resources, and to enable BLM law enforcement personnel to support State and local law enforcement agencies with enforcement of the law. The Burning Man event is authorized on public lands under a special recreation permit and is expected to attract approximately 40,000 participants this year.

In accordance with the National Environmental Policy Act, the Federal Land Policy and Management Act, and the Revested Oregon and California Railroad and Reconveyed Coos Bay Wagon Road Grant Lands Act (O&C Lands Act), the Bureau of Land Management (BLM) has prepared a Draft Resource Management Plan/Draft Environmental Impact Statement (DRMP/DEIS) to revise selected portions of the 1995 Resource Management Plans (RMPs) for six BLM districts in western Oregon. These revisions will address the sustained yield timber production provisions of the O&C Lands Act as well as resource protection provisions of the Endangered Species Act and the Clean Water Act. The alternatives in the DRMP/DEIS also comply with the 2003 settlement agreement between the Secretary of the Interior and the American Forest Resource Council (AFRC, et al v. Clarke).

The U.S. Fish and Wildlife Service (Service) is preparing a Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Modoc National Wildlife Refuge (Refuge) located in Modoc County of California. This notice advises the public that the Service intends to gather information necessary to prepare a CCP and EA pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended, and the National Environmental Policy Act (NEPA). The public and other agencies are encouraged to participate in the planning process by sending written comments on management actions that the Service should consider. The Service is also furnishing this notice in compliance with the Service CCP policy to obtain suggestions and information on the scope of issues to include in the CCP and EA. Opportunities for public input will be announced throughout the CCP/EA planning and development process.

In accordance with Title IV of the Federal Oil and Gas Royalty Management Act (Pub. L. 97-451), Quaneco LLC timely filed a petition for reinstatement of oil and gas leases UTU79263, UTU79265, and UTU79266 for lands in Kane County, Utah, and it was accompanied by all required rentals and royalties accruing from May 1, 2007, the date of termination.

Pursuant to the 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 Ecological Restoration Plan for Bandelier National Monument, New Mexico. Alternative B was selected as the park's preferred alternative; it maximizes work efficiency and minimizes resource impacts by implementing restoration treatments in the most systematic and timely fashion possible given available funding. The purpose of the Ecological Restoration Plan is to re-establish healthy, sustainable vegetative conditions within the pinon-juniper woodland and to mitigate soil erosion that threatens the cultural resources for which Bandelier National Monument was established and specifically set aside to preserve.

The plats of survey of the following described lands were officially filed in the Bureau of Land Management Oregon/Washington State Office, Portland, Oregon, on May 25, 2007.

To comply with the Paperwork Reduction Act of 1995 (PRA), MMS is inviting comments on a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. The information collection request (ICR) concerns the paperwork requirements in the regulations under 30 CFR 282, Operations in the Outer Continental Shelf for Minerals Other than Oil, Gas, and Sulphur.

The Bureau of Land Management (BLM) has examined and determined that two parcels of public land comprising 9.6 acres, more or less, located in Custer and Lemhi Counties, Idaho are suitable for a renewable, direct (non-competitive), 20-year agricultural use lease to The Nature Conservancy (TNC) pursuant to Section 302 (b) of The Federal Land Policy Management Act of 1976 (43 U.S.C. 1732 (b)), and the implementing regulations at 43 CFR part 2920, as amended. This action will resolve an historic encroachment occurring on public lands. The encroachment dating back to on or before 1976 was originally attributed to parties from whom TNC purchased property (adjacent to the subject parcels) in 2003. Rent for the use was determined by Department of the Interior appraisal to be BLM minimum annual lease fee of $250.00. Rent may be re-appraised annually, or at an interval not to exceed every 5 years to remain consistent with market trends.

The Bureau of Land Management (BLM) Palm Springs-South Coast Field Office, California, intends to revise its 1994 South Coast Resource Management Plan (RMP) and prepare an associated Environmental Impact Statement (EIS). The revised RMP will replace the current RMP. This notice initiates the scoping process, invites public participation, and announces public scoping meetings.

The Bureau of Land Management (BLM) is requesting public nominations to fill two unexpired terms on the Steens Mountain Advisory Council (SMAC). Nominations will be accepted for a person who is a recreational permit holder or is a representative of a commercial recreation operation in the Steens Mountain Cooperative Management and Protection Area (CMPA); and a person with expertise and interest in wild horse management on Steens Mountain.

Notice is hereby given that the National Park Service (NPS) is amending the boundary of Harpers Ferry National Historical Park to include one additional tract of land containing 0.749 of an acre.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Services (NPS) announces the availability of a Final Environmental Impact Statement (FEIS) for the Cape Cod National Seashore Hunting Program, Cape Cod National Seashore (CCNS), Massachusetts. The purpose of the FEIS is to finalize the documentation of the environmental consequences of alternative strategies for managing hunting at CCNS. The FEIS evaluates three (3) alternatives for managing hunting: Alternative ANo Action describes the effects of continuing the hunting program as it was prior to a court decision to enjoin the pheasant stocking and hunting program. Hunting would continue in accordance with the seasons and regulations established by the Massachusetts Division of Fisheries and Wildlife (MDFW), and in accordance with the existing rules established by Cape Cod National Seashore pertaining to the time of year hunting is allowed, the species that can be hunted, and no-hunting zones. Under this alternative, the pheasant hunting and stocking program would be re-established. Alternative BDevelop a Modified Hunting Program (the preferred alternative) describes the effects of modifying the hunting program in a manner that would retain hunting as part of CCNS's cultural heritage while addressing concerns raised by non-hunting visitors. The modifications were derived from input received during public scoping, and subsequently refined based on comments on the Draft EIS. Element 1: This element would increase traditional hunting opportunities for native upland game bird species. Specifically, the park's rules would be revised to allow the State's spring eastern turkey hunt to occur within the park. Additionally, this element would include developing and implementing cultural landscape restoration activities that are expected to improve habitat quality for upland game birds, particularly northern bobwhite quail. Element 2: An adaptive management approach would be used to phase out the pheasant stocking and hunting program as opportunities to hunt native upland game birds increase. The success of heathland and grassland management, called for by the cultural restoration plan, will be used as an indicator of native species hunting opportunity. This element would result in the end of pheasant stocking and hunting at CCNS within 14 to 17 years. In no case will pheasant stocking continue beyond 17 years. Element 3: This element would simplify the scope of hunting areas, and would designate hunting-permitted areas versus the current policy which allows hunting in all areas except where specifically prohibited. The hunting-permitted areas would be delineated based on the existing 500-foot no-hunting buffers around paved roads and buildings, expanding the no-hunting buffers around bicycle paths from 150 feet to 500 feet, and eliminating the small patches and thin slivers of area that cannot practicably be hunted. This element would provide an added safety precaution protective of visitors using the bike paths; should result in more predictable areas where hunting is likely to be encountered and where it will not; would provide consistent buffers for hunting set- backs from roads, buildings, and bike paths; would facilitate more efficient monitoring by law enforcement staff; and would result in little reduction in hunting opportunities. Element 4: Hunting-related outreach to hunting and non-hunting users would be expanded. Outreach to non-hunting visitors would focus on where and when hunting occurs in the park, where visitors can go to avoid hunting, safety precautions when in or adjacent to hunting areas, how to report any unlawful behavior or safety concerns, and the importance of courteous and respectful behavior to all users. Outreach to hunters would also focus on where and when hunting is permitted in the park, hunting regulations, how to report any unlawful behavior or safety concerns, and the importance of courteous and respectful behavior to all users. Element 5: This element provides for cooperative and expanded game species monitoring by Cape Cod National Seashore and the Massachusetts Division of Fisheries and Wildlife. The Seashore and the Division of Fisheries and Wildlife would integrate monitoring efforts, and seek additional resources as needed, to expand monitoring of the abundance and harvest of deer, eastern cottontail rabbits, eastern wild turkeys, and northern bobwhite quail. These agencies would also coordinate with the U.S. Fish and Wildlife Service to review emerging information on the status and distribution of New England cottontail rabbits on outer Cape Cod, and determine if action is necessary to protect this sensitive species within the Seashore. Alternative CEliminate Hunting describes the effects of eliminating hunting at Cape Cod National Seashore. A sub-element of Alternative C would eliminate only the pheasant program while retaining the other aspects of the hunting program. In April of 2006, the NPS issued a Draft EIS for agency and public review and comment. The comment period opened on April 21, 2006 with the Environmental Protection Agency's (EPA) publication of a Notice of Availability in the Federal Register, and closed on June 19, 2006, 60 days later. During that review period the NPS held two public meetings to provide agencies and the public the opportunity to provide oral comment on the draft document. Comments were received in the form of letters and e-mails, and at the two public meetings. All substantive comments have been addressed in the ``Consultation and Coordination'' chapter of the FEIS.

Under the provisions of the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service (NPS) is preparing an environmental impact statement (EIS) for a general management plan (GMP) for the Sand Creek Massacre National Historic Site. This effort will analyze the impacts of a broad range of design alternatives for the national historic site. This effort will result in a comprehensive general management plan that provides a framework for making management decisions regarding the preservation of natural and cultural resources, visitor use and interpretation and development of appropriate park facilities. This plan will be developed in cooperation with the Cheyenne-Arapaho Tribe of Oklahoma, the Northern Arapaho Tribe of Wyoming, the Northern Cheyenne Tribe of Montana, and the State of Colorado. Alternatives to be considered include no-action, the proposed action and other reasonable alternatives. The park superintendent will initiate consultation with congressional delegations, tribal representatives, and state and local agencies on the development of the plan. Consultation with these agencies will continue throughout the planning process. Public involvement in the planning process will include newsletters and open houses that inform the public of the project and provide opportunities for input; press releases in the local media; newsletters and open houses to present and solicit input on the alternatives; a public review draft of the general management plan and environmental impact statement and public meetings to provide additional opportunities to comment on the draft plan. Public involvement is essential for the development of creative and sustainable management alternatives for the national historic site. A briefing statement has been prepared that summarizes the specific elements of the general management planning process and the EIS. Copies of that information may be obtained from: Superintendent, Alexa Roberts, Sand Creek Massacre National Historic Site, P.O. Box 249, Eads, CO 81036.

The U.S. Fish and Wildlife Service (Service) announces that the draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Medicine Lake National Wildlife Refuge Complex (Complex) is available. This draft CCP/EA describes how the Service intends to manage Medicine Lake National Wildlife Refuge (NWR), the Northeast Montana Wetland Management District (WMD), and Lamesteer NWR for the next 15 years.

The Secretary of the Interior proposes to withdraw on behalf of the Bureau of Land Management (BLM) approximately 79.43 acres of public land and approximately 30 acres of non-Federal land, if acquired, to protect the Manning Canyon Tailings Repository while the BLM completes land use planning for the area. This notice temporarily segregates the land for up to 2 years from location and entry under the United States mining laws while the withdrawal application is being processed.

We, the U.S. Fish and Wildlife Service (Service, us, or we), will prepare a draft environmental impact statement (EIS) and socio- economic assessment, pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, in conjunction with a proposed rule to amend the 1998 final rule that authorized the establishment of a nonessential experimental population of the ``Mexican gray wolf'' in Arizona and New Mexico, under section 10(j) of the Endangered Species Act of 1973, as amended (Act). We will hold 12 public informational sessions and scoping meetings. Through this notice and the public scoping meetings, we are seeking comments or suggestions from the public, concerned governmental agencies, Tribes, the scientific community, industry, or any other interested parties concerning the scope of the EIS, pertinent issues we should address, and alternatives that should be analyzed.

Notice is hereby given in accordance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332) and Council on Environmental Quality regulations (40 CFR 1506.6), the U.S. Department of the Interior, National Park Service (NPS) will prepare an ORV Management Plan/DEIS. The ORV Management Plan/DEIS will be used to guide the management and control of ORVs at the Seashore for approximately the next 15 to 20 years. It will also form the basis for a special regulation that will regulate ORV use at the Seashore. The ORV Management Plan/DEIS will assess potential environmental impacts associated with a range of reasonable alternatives for managing ORV impacts on park resources such as threatened and endangered species, soils, wetlands, wildlife, and cultural resources. Socioeconomic impacts and effects on visitor experience and public safety will also be analyzed. In addition, the plan will focus on issues that have a direct bearing on ORV management, including management of threatened and endangered species and species of special concern, as well as predator management.

The Bureau of Land Management (BLM) proposes to sell a 10-acre parcel of public land in the southwest portion of the Las Vegas Valley, Nevada to Clark County for affordable housing purposes. BLM proposes that the parcel be sold by direct sale to Clark County at less than the appraised fair market value (FMV), pursuant to Section 7(b) of the Southern Nevada Public Land Management Act (Pub. L. 105-263, SNPLMA) and the Nevada Guidance on Policy and Procedures for Affordable Housing Disposals (Nevada Guidance) approved on August 8, 2006. BLM proposes to sell the parcel in accordance with the applicable provisions in Sections 203 and 209 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701 et seq. (FLPMA), and the BLM land sale and mineral conveyance regulations at 43 CFR Section 2710 and Section 2720, respectively.

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 Maysdorf Coal Lease-by-Application (LBA).

We, the U.S. Fish and Wildlife Service (USFWS, Service, or we), under the Endangered Species Act of 1973, as amended (Act), hereby remove the Idaho springsnail (Pyrgulopsis(=Fontelicella) idahoensis) from the Federal List of Endangered and Threatened Wildlife (List). This determination is based on a thorough review of all available data, which indicate that the Idaho springsnail is not a discrete taxonomic entity and does not meet the definition of a species under the Act. It is now considered to be part of a more widely distributed taxon, the Jackson Lake springsnail. Because the Idaho springsnail is not recognized as a species, as defined by the Act, we have determined that it is not a listable entity and are removing it from the List.

The MMS announces the availability of the Proposed Notice of Sale for Oil and Gas Lease Sale 193 in the Chukchi Sea. This Notice is published pursuant to 30 CFR 256.29(c) as a matter of information to the public. With regard to oil and gas leasing on the OCS, the Secretary of the Interior, pursuant to section 19 of the OCS Lands Act, provides the affected States the opportunity to review the Proposed Notice. The Proposed Notice sets forth the proposed terms and conditions of the sale, including minimum bids, royalty rates, and rentals.

In accordance with the provisions of the Rocky Flats National Wildlife Refuge Act of 2001 (Pub. L. 107-107, 115 Stat. 1012, 1380- 1387) hereinafter referred to as the ``Refuge Act,'' the Secretary of Energy has transferred primary administrative jurisdiction over approximately 3,953.03 acres of real property at the former Rocky Flats Environmental Technology Site (RFETS), Jefferson and Boulder Counties, Colorado, to the Secretary of the Interior. Pursuant to section 3177(d) of the ``Refuge Act,'' the Secretary of the Interior hereby provides notice of the establishment of the Rocky Flats National Wildlife Refuge (Refuge). The ``Refuge Act'' provides that following environmental remediation of RFETS, under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and other applicable provisions of law, the Secretary of Energy shall transfer administrative jurisdiction over real property comprising the Refuge to the Secretary of the Interior for establishment of the Rocky Flats National Wildlife Refuge. Environmental remediation of the Rocky Flats National Priorities List Site has been completed, except for on-going operations and maintenance, pursuant to a Record of Decision signed by the Department of Energy, Environmental Protection Agency (EPA) and the State of Colorado in 2006. On May 25, 2007, the Regional Administrator of the EPA published notice in the Federal Register announcing deletion of the Peripheral Operable Unit and Operable Unit 3. On June 11, 2007, the Administrator of the EPA, acting through the Regional Administrator, Region 8, EPA, certified to the Secretary of Energy and the Secretary of the Interior that all response actions for the deleted areas have been completed, except for the operation and maintenance associated with response acting and that all response actions are operating properly and successfully. Pursuant to the ``Refuge Act,'' administrative jurisdictions over portions of the deleted Peripheral Operable Unit, totaling approximately 3,953.03 acres were transferred from the Department of Energy to the Department of the Interior, through a Letter of Transfer dated July 12, 2007. This notice of establishment of the Refuge is required within 30 days of that transfer by section 3177(d) of the ``Refuge Act.''

We, the Fish and Wildlife Service, announce the availability of the final recovery plan for the endangered vermilion darter (Etheostoma chermocki). The vermilion darter is a medium-sized darter found only in the Turkey Creek drainage, Jefferson County, Alabama. The recovery plan includes specific recovery objectives and criteria to be met to delist the vermilion darter under the Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended (Act).

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface and subsurface estates in certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Doyon, Limited. The lands are in the vicinity of Stevens Village, Alaska, and are located in:

In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Northwest California Resource Advisory Council will meet as indicated below.