Department of the Interior December 19, 2007 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), and the California Department of Fish and Game (CDFG) announce that the final environmental impact statement/environmental impact report (EIS/EIR) for the South Bay Salt Pond (SBSP) Restoration Project is available for distribution. The final EIS/EIR, which we prepared in accordance with the National Environmental Policy Act of 1969 (NEPA), describes the restoration plan (plan) for 15,100 acres (ac) (6,111 hectares (ha)) of former commercial salt ponds in south San Francisco Bay. The SBSP Restoration Project would use a combination of restored tidal marsh, managed ponds, flood control measures and public access features to meet the three goals of the plan: to restore wildlife habitat, to provide flood protection, and to provide wildlife-oriented public access. The ponds are located at the Don Edwards San Francisco Bay National Wildlife Refuge and at the Eden Landing State Ecological Reserve. The FEIS/EIR includes program-level evaluation of the SBSP long- term alternatives as well as project-level analysis of the first phase of restoration (the Phase 1 actions). We and the CDFG jointly have prepared the final EIS/EIR to analyze the impacts of the SBSP. The final EIS/EIR presents a limited evaluation of the potential impacts associated with the list of possible South San Francisco Bay Shoreline Study (Shoreline Study) actions. In the draft EIS/EIR, the U.S. Army Corps of Engineers (Corps) was identified as the co-lead agency for NEPA compliance. However, this caused confusion as to the exact nature of the relationship of the Shoreline Study to the EIS/EIR for the SPSP Restoration Project. To eliminate this confusion, the Corps is no longer a co-lead agency on the SBSP Restoration project EIS/EIR. The Corps will remain a cooperating agency because they will use the final EIS/EIR to issue Clean Water Act 404 permits for the SBSP Restoration Project. The Corps will separately complete the Shoreline Study. The Shoreline Study area includes the SBSP Restoration Project area as well as shoreline and floodplain areas in the counties of Alameda, San Mateo, and Santa Clara.

The Bureau of Land Management (BLM) has examined and found suitable approximately 80.24 acres of public land in Dona Ana County, New Mexico for classification for lease or subsequent conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended (44 Stat. 741, as amended; 43 U.S. C. 869 et seq.) and Section 212 of the Federal Land Policy and Management Act (FLPMA of 1976, as amended). Las Cruces Public Schools propose to use the land for a K-5 elementary school and a 6-8 grade middle school and playgrounds.

This notice publishes the Deemed Approved Amended Tribal-State Compact between the State of California and the Morongo Band of Mission Indians.

This notice publishes the Deemed Approved Amended Tribal-State Compact between the State of California and the Sycuan Band of Kumeyaay Nation.

This order revokes a Public Land Order, as modified, insofar as it affects approximately 63 acres of land withdrawn from all forms of appropriation under the public land laws, including the mining laws for the protection of the Gilmore Satellite Tracking Station at Gilmore Creek northeast of Fairbanks, Alaska. The land is no longer needed for the purpose for which it was withdrawn.

Pursuant to the National Environmental Policy Act of 1969, as amended (NEPA, 42 U.S.C. 4321 et seq.), the Bureau of Land Management (BLM), Little Snake Field Office, Colorado, announces its intent to prepare additional air quality information. On February 9, 2007, the BLM published a Notice of Availability in the Federal Register (Vol. 72, No. 27, pages 6284-6285) announcing the release of the Draft EIS for public review and comment. The 90-day comment period closed May 16, 2007. During the public comment period, the Environmental Protection Agency, in consultation with BLM, identified areas where additional air quality information would improve the existing analysis in the Draft EIS. As a result, the BLM is preparing an additional air quality analysis. When the additional air quality analysis has been completed, the BLM will present the information for public review and comment. At that time, BLM will only accept comments from the public pertaining to the new air quality information.

The Secretary of the Interior proposes to withdraw on behalf of the Bureau of Land Management (BLM) approximately 944,343 acres of public lands from settlement, sale, location, entry, or patent under the United States mining laws for a period of 20 years for the protection of desert tortoise habitat, archaeological and cultural resources, and special wildlife and riparian values on 24 Areas of Critical Environmental Concern (ACEC) in accordance with Sec. 204 of the Federal Land Policy and Management Act of October 21, 1976, 43 U.S.C. 1714 (2000). In accordance with 43 CFR 2310.3-1(b), (2)(v), this notice announces public meetings on the proposed withdrawal.

We, the U.S. Fish and Wildlife Service (Service), are designating revised final critical habitat for the coastal California gnatcatcher (Polioptila californica californica) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 197,303 acres (ac) (79,846 hectares (ha)) of habitat in San Diego, Orange, Riverside, San Bernardino, Los Angeles, and Ventura Counties, California, are being designated as critical habitat for the coastal California gnatcatcher. This revised final designation constitutes a reduction of 298,492 ac (120,795 ha) from the 2003 revised proposed rule. We are continuing our review of whether the current listing of the coastal California gnatcatcher as a subspecies should be retained or changed, as discussed in the 2003 proposed rule to revise critical habitat, and we will publish our determination separately at a later date.