Department of the Interior September 25, 2007 – Federal Register Recent Federal Regulation Documents

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 Winter Use Plans, Yellowstone and Grand Teton National Parks and the John D. Rockefeller, Jr., Memorial Parkway, Wyoming. Seven alternative winter use management plans are evaluated in this EIS; alternative 7 is the NPS preferred alternative. Alternative 1 would put into place the provisions of the temporary winter use plan of August 2004, with some modifications. Alternative 2 would prohibit recreational snowmobiling in the parks in favor of snowcoach access. Alternative 3A would close much of Yellowstone to oversnow travel, leaving the South Entrance to Old Faithful route open to such use. A variation of alternative 3 (3B) is the no action alternativeit closes all routes to motorized oversnow recreation. This would be the outcome of the temporary plan, should no new decision be made. Four other alternatives (4, 5, 6, and 7) would allow varying levels of snowmobile and snowcoach access to continue in the parks. Alternative 4 would allow for increased snowmobile use, relative to historic numbers. Alternative 5 would allow for some unguided snowmobile use and would feature seasonal and flexible daily entry limits in Yellowstone. Alternative 6 would provide for plowing some roads in Yellowstone to allow commercial wheeled-vehicle access from West Yellowstone and Mammoth to Old Faithful. Preferred alternative 7 would provide for a balance of snowmobile and snowcoach use and protect park soundscapes, air quality, wildlife and other resources. In Yellowstone, the daily limit on snowmobiles would be 540 snowmobiles per day in Yellowstone. 65 snowmobiles would be allowed per day in Grand Teton and the Parkway. In Yellowstone, all snowmobilers would be required to travel with a commercial guide, and in both parks, all snowcoaches and most snowmobiles would be required to use Best Available Technology (BAT). 83 snowcoaches would be allowed into Yellowstone daily. The East Entrance would remain open for cross-country ski and snowshoe access.

The United States Department of Energy (DOE) has filed an application requesting the Secretary of the Interior to segregate from the mining laws approximately 1,476.5 acres of public lands associated with a proposed withdrawal and transfer of jurisdiction. The proposed withdrawal will protect public health and safety on lands contaminated by previous mining and milling operations. This notice temporarily segregates the lands for up to 2 years from location and entry under the United States mining laws while the withdrawal application is being processed.

Pursuant to the National Environmental Policy Act (NEPA), the Bureau of Reclamation (Reclamation) proposes to prepare an EIS for the Walker River Basin Acquisitions Program. The primary purpose of the program is to comply with the requirements of Public Law 107-171 (Desert Terminal Lakes Program), which appropriates funds to provide water to at-risk natural desert terminal lakes, and with Public Law 109-103, which allocates funds to the University of Nevada for two specific purposes. The first purpose is to implement a program for environmental restoration to acquire from willing sellers land, water appurtenant to the land, and related interests in the Walker River Basin, Nevada. Acquired water rights would be transferred to provide water to Walker Lake. The second purpose of the University's funding is to establish and operate an agricultural and natural resources center. The actions to be analyzed in this EIS will be the purchase of water rights and related interests from willing sellers in the Walker River Basin, Nevada.

The Bureau of Land Management (BLM) published in the Federal Register of September 11, 2007, a document concerning a proposal to establish supplementary rules addressing Special Recreation Permit (SRP) fees. Inadvertently an effective date, October 1, 2007, was inserted in the SUMMARY section of the proposed rule. The document also included a penalty section that was inappropriate for the requirement in the proposed supplementary rule. This correction notice also removes that penalty provision.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed revised designation of critical habitat for the tidewater goby (Eucyclogobius newberryi) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of the draft economic analysis of the proposed revised critical habitat designation and an amended Required Determinations section of the proposal. The draft economic analysis estimates post-designation costs associated with conservation efforts for the tidewater goby to be approximately $25 million (undiscounted) over the next 20 years (2007 to 2026) as a result of the proposed designation of critical habitat. Discounted future costs are estimated to be approximately $22 million ($1.5 million annualized) at a 3 percent discount rate or approximately $20 million ($1.8 million annualized) at a 7 percent discount rate. Potential cost savings in Unit VEN-2 associated with tidewater goby conservation efforts range from approximately $35 million to $90 million (undiscounted dollars). By combining these savings with the estimated costs of conservation efforts, an overall net cost savings of approximately $10 million to $65 million (undiscounted) could be realized over the next 20 years. In present value terms, net cost savings range from approximately $9.8 million to $60 million (assuming a 3 percent discount rate) or approximately $9.1 million to $54.0 million (assuming a 7 percent discount rate). We are reopening the comment period for the proposed rule to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated draft economic analysis, and the amended Required Determinations section. Comments previously submitted need not be resubmitted as they will be incorporated into the public record as part of this comment period, and will be fully considered in preparation of the final designation.