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

Pursuant to the National Environmental Policy Act (NEPA), the Bureau of Reclamation (Reclamation) proposes to prepare an EIS for the proposed Madera Irrigation District (MID) Water Supply Enhancement Project (Project), in which MID would construct a groundwater bank on the property known as Madera Ranch, west of the City of Madera, Madera County, CA. The Federal actions include approval from Reclamation for MID to bank a portion of their Central Valley Project (CVP) Friant Division contract water supply outside of its service area in the newly constructed groundwater bank at Madera Ranch and approval to extend the Reclamation-owned 24.2 Canal.

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and the Federal Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1701 et seq.), the Bureau of Land Management (BLM) has prepared a Proposed Resource Management Plan/ Final Environmental Impact Statement (Proposed RMP/Final EIS) for the Kobuk-Seward Peninsula Planning Area in Alaska.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving Mississippi's abandoned mine land reclamation plan (Mississippi Plan) submitted to us under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The purpose of the plan is to demonstrate the State's intent and capability to assume responsibility for administering the abandoned mine land reclamation (AML) program established by Title IV of SMCRA. As part of the plan, Mississippi submitted policies and procedures to be followed in conducting reclamation of abandoned coal mine lands in Mississippi. These policies and procedures, along with the State's AML statutes that we approved on August 25, 2006, constitute the complete Mississippi plan.

The Assistant SecretaryIndian Affairs, U.S. Department of the Interior has made a final determination to acquire real property ``in trust'' for the Shakopee Mdewakanton Sioux Community.

We, the U.S. Fish and Wildlife Service (Service, we) announce that the Draft Revised Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) and Draft Revised Public Use Management Plan (PUMP) and EA for Togiak National Wildlife Refuge is available for public comment. This Draft CCP/PUMP/EA describes how the Service intends to manage the Togiak Refuge for the next 15 years.

Pursuant to the National Environmental Policy Act (NEPA), the Fish and Wildlife Service (Service), advises the public that we intend to gather information necessary to prepare an Environmental Impact Statement (EIS) regarding the proposed Virgin River Habitat Conservation and Recovery Program (VRHCRP) and issuance of an incidental take permit (Permit) for endangered and threatened species in accordance with section 10(a) of the Endangered Species Act of 1973, as amended (Act). The intent of the VRHCRP is to provide a recovery strategy for five species in the Lower Virgin River Basin. The VRHRCP would be used as a tool when conducting future section 7 consultations, implementing recovery actions and preparing habitat conservation plans for new and existing development. We provide this notice to: (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected tribes, and the public of our intent to prepare an EIS; (3) announce the initiation of a 30-day public scoping period; and (4) obtain suggestions and information on the scope of issues to be included in the EIS.

The Bureau of Indian Affairs (BIA) is announcing the availability of a Model Tribal Probate Code with comments entitled ``Model Tribal Probate Code.'' BIA issues notices to inform tribes, Indians, and other interested persons about important policies, procedures, and related decisions, and these notices serve to provide guidance to tribes and BIA personnel. This notice provides guidance to tribes considering the creation and adoption of a Tribal Probate Code containing provisions applicable to trust and restricted property and includes a copy of the ``Model Probate Code with Comments.''

We, the Fish and Wildlife Service, announce our decision and the availability of the Final CCP and FONSI for Lacassine National Wildlife Refuge in Cameron and Evangeline Parishes, Louisiana. The CCP was prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, and describes how the refuge will be managed for the next 15 years.

The Bureau of Land Management (BLM) is scheduled to file the plats of survey of the lands described below thirty (30) calendar days from the date of this publication in the BLM Wyoming State Office, Cheyenne, Wyoming.

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.

On September 18, 2007, the Commissioner of Reclamation adopted the Amended Navajo Power Marketing Plan (Amended Plan) on behalf of the Secretary of the Interior (Secretary), pursuant to section 107 of the Hoover Power Plant Act of 1984 (98 Stat. 1333). The Amended Plan is to provide for the future marketing of the United States' entitlement to generation from the Navajo Generating Station (Navajo) which is in excess of the pumping requirements of the Central Arizona Project (CAP) and certain needs for desalting and protective pumping facilities. The Amended Plan was developed in consultation with representatives of the Bureau of Reclamation (Reclamation), Western Area Power Administration (Western), the Governor of Arizona, and the Central Arizona Water Conservation District (CAWCD) as required by the Hoover Power Plant Act of 1984 (Act). At the request of Reclamation, Western published a notice in the Federal Register on August 14, 2006, to initiate and obtain public comments on the proposed Amended Plan. Western held public information forums on September 19, 2006, in Phoenix, Arizona, and on September 22, 2006, in Ontario, California. Western accepted oral and written comments on the proposed Amended Plan at public comment forums on October 10, 2006, in Phoenix, Arizona, and on October 11, 2006 in Ontario, California, and thereafter until November 13, 2006, the end of the public comment period. Additional public information forums will be held in advance of the time of the actual marketing of Navajo Surplus under the Amended Plan to address the procedures to be used in the actual marketing process. Public comments were received both with respect to the terms of the proposed Amended Plan and with respect to Western's presentations at the public forums relating to the implementation of the plan. Written comments were received from Aha Macav Power Service, Arizona Power Authority, Arizona Tribal Energy Association, Colorado River Indian Tribes, Ralph E. Hitchcock and Associates, Moyes Storey Law Offices, Santa Cruz Water & Power Districts Association, and Salt River Project Agricultural Improvement and Power District. Oral comments were received from the Central Arizona Water Conservation District, Ralph E. Hitchcock and Associates, and the Colorado River Indian Tribes. Comments and responses, paraphrased for brevity, are presented below. Reclamation considered all comments prior to the adoption of the Amended Plan. Reclamation determined that no modifications to the proposed Amended Plan were necessary as a result of the comments and in light of the proposed Amended Plan's flexible framework. Nevertheless, Reclamation has made edits to the proposed Amended Plan for clarification purposes.

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.

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 281, Leasing for Minerals Other than Oil, Gas and Sulphur in the Outer Continental Shelf.

Notice is hereby given that, effective immediately, the Bureau of Land Management (BLM), Monticello Field Office, is restricting off- highway vehicle (OHV) travel to existing roads and trails on approximately 100,000 acres of public lands in the Indian Creek Canyon area near Monticello, UT. The public lands affected by this restriction are located in portions of T. 29 S., R. 19-21 E; T. 30 S., R. 19-22 E.; T. 31 S., R. 20-22 E; T. 32 S., R. 20-22 E. The Indian Creek Management boundary is depicted on the attached map. The purpose of this restriction is to protect riparian, soils, riparian, vegetation, visual and cultural resources that have been adversely impacted, or are at risk of being adversely impacted by cross-country OHV travel. The restriction will remain in effect until the Monticello Resource Management Plan Revision is completed.

The U.S. Fish and Wildlife Service (Service) is initiating 5- year reviews of the Carolina northern flying squirrel (Glaucomys sabrinus coloratus), Cahow (Pterodroma cahow), boulder darter (Etheostoma wapiti), relict darter (Etheostoma chienense), Cumberland pigtoe (Pleurobema gibberum), rough pigtoe (Pleurobema plenum), orangefoot pimpleback (pearlymussel) (Plethobasus cooperianus), tan riffleshell (Epioblasma florentina walkeri), white wartyback (pearlymussel) (Plethobasus cicatricosus), noonday snail (Mesodon clarki nantahala), Nashville crayfish (Orconectes shoupi), Kentucky cave shrimp (Palaemonias ganteri), Cumberland sandwort (Arenaria cumberlandensis), Tennessee purple coneflower (Echinacea tennesseensis), large-flowered skullcap (Scutellaria montana), and rock gnome lichen (Gymnoderma lineare) under section 4(c)(2) of the Endangered Species Act of 1973, 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.

We, the U.S. Fish and Wildlife Service (Service) initiate 5- year reviews of Chihuahua chub (Gila nigrescens) and Navasota ladies'- tresses (Spiranthes parksii) under the Endangered Species Act of 1973, as amended (Act). The purpose of reviews conducted under section 4(c)(2)(A) 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 is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review. Therefore, we are requesting submission of any new information (best scientific and commercial data) on Chihuahua chub and Navasota ladies'-tresses since their original listings as threatened in 1983 (48 FR 46053; October 11, 1983) and endangered in 1982 (47 FR 19539; May 6, 1982), respectively. If the present classification of either of these species is not consistent with the best scientific and commercial information available, we may recommend a change in Federal classification. A change would require a separate final rulemaking process.

This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits for general waterfowl seasons and those early seasons for which States previously deferred selection. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2007-08 season.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of nine new United States Geological Survey (USGS) reports produced for the Service to provide current data and modeling outputs relevant to the final determination of whether the polar bear (Ursus maritimus) qualifies for listing under the Endangered Species Act of 1973, as amended (Act). We intend to take these reports into consideration as we make our final listing determination on the polar bear. We also are reopening the public comment period on the January 9, 2007, proposed rule to list the polar bear as threatened throughout its range under the Act (72 FR 1064). We are reopening the comment period for an additional 15 days to allow interested parties to comment on the nine USGS reports listed below. The comment period is being limited to 15 days because of the statutory deadline, which requires a final listing determination within one year of publication of the proposed rule, unless an extension of up to six months is granted due to substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the determination. Please note that comments previously submitted should not be resubmitted. This comment period is open only for comments on the nine USGS reports listed below. Comments submitted during the prior comment period have been incorporated into the public record and will be fully considered during preparation of our final determination.