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

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

On behalf of the U.S. Department of Agriculture (USDA), Forest Service, the Secretary of the Interior proposes to extend Public Land Order No. 6669 for an additional 20-year period. The order withdrew National Forest System land from mining to protect the Lincoln Gulch Historic Site. This notice also gives an opportunity to comment on the proposed action and to request a public meeting. The land has been and will remain open to the appropriate forms of surface entry and mineral leasing.

Pursuant to the terms of existing concession contracts, public notice is hereby given that the National Park Service intends to request a continuation of visitor services for a period not-to-exceed 1 year from the date of contract expiration.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA), as amended, the Council on Environmental Quality Regulations at 40 CFR 1501.7, and authorities under the Endangered Species Act (15 U.S.C. 1536, et seq.), the Department is initiating an environmental impact analysis, with public involvement, for the Hobble Creek Habitat Restoration Project. The plan would relocate a portion of Hobble Creek onto state-owned land, restore more natural stream sinuosity, and improve instream habitat conditions to benefit the June sucker (Chasmistes liorus), an endangered fish. The June sucker exists naturally only in Utah Lake and spawns only in the Provo River, a Utah Lake tributary. Hobble Creek, also a tributary to Utah Lake, is believed to be an historic spawning stream for the June sucker that has been dredged, straightened and otherwise degraded in a manner that renders it no longer suitable for June sucker spawning. Restoration of at least one additional Utah Lake tributary as spawning habitat for the June sucker is a recovery action in the approved Recovery Plan for the species. The Department is acting as Lead Agency for NEPA compliance in its capacity as a participating partner in the June Sucker Recovery Implementation Program.

Pursuant to 25 CFR 83.10(h), the Department of the Interior (Department) gives notice that the Assistant SecretaryIndian Affairs (AS-IA) proposes to determine that the Juane[ntilde]o Band of Mission Indians, Acjachemen Nation (JBA, Petitioner 84A), c/o Anthony Rivera, Jr., 31411-A La Matanza Street, San Juan Capistrano, California 92675, is not an Indian tribe within the meaning of Federal law. This notice is based on a determination that the petitioner does not satisfy all seven of the criteria set forth in Part 83 of Title 25 of the Code of Federal Regulations (25 CFR part 83), specifically criteria 83.7(a), 83.7(b), 83.7(c), and 83.7(e), and therefore, does not meet the requirements for a government-to-government relationship with the United States.

This notice announces the renewal of the North Slope Science Initiative Science Technical Advisory Panel (Science Panel) by the Secretary of the Interior (Secretary) and calls for nominations to serve on the Science Technical Advisory Panel in accordance with the provisions of the Federal Advisory Committee Act (FACA) of 1972, 5 U.S.C. Appendix. A copy of the renewed Science Panel charter will be filed with the appropriate committees of Congress and the Library of Congress in accordance with Section 9(c) of FACA.

The MMS is issuing this notice to advise the public, pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 et seq., that MMS intends to prepare an EA for proposed OCS Oil and Gas Lease Sale 207 in the Western GOM Planning Area (Lease Sale 207) scheduled for August 2008. The MMS is issuing this notice to facilitate public involvement. The preparation of this EA is an important step in the decision process for Lease Sale 207. The proposal for Lease Sale 207 was identified by the Call for Information and Nominations published in the Federal Register on April 28, 2006, and was analyzed in the Gulf of Mexico OCS Oil and Gas Lease Sales: 2007- 2012; Western Planning Area Sales 204, 207, 210, 215, and 218; Central Planning Area Sales 205, 206, 208, 213, 216, and 222Final Environmental Impact Statement; Volumes I and II (Multisale Environmental Impact Statement (EIS), OCS EIS/EA MMS 2007-018). This EA for proposed Lease Sale 207 will reexamine the potential environmental effects of the proposed lease sale and its alternatives (excluding the unleased blocks near biologically sensitive topographic features, use of a nomination and tract selection leasing system, and no action) based on any new information regarding potential impacts and issues that were not available at the time the Multisale EIS was prepared.

On June 26, 2006, the Secretary of the Interior renewed the Charter for the PAWG. Representatives of the public-at-large, the State of Wyoming, Office of the Governor, and the landowners within or bordering the Pinedale Anticline area are being solicited. Individuals or groups interested in becoming a member of the PAWG should submit the specified information by the date specified in the DATES section of this notice.

The National Park Service (NPS) announces its intention to prepare an Environmental Impact Statement (EIS) and to conduct scoping to analyze the impacts associated with a land exchange between Georgetown University (University) and the NPS and the impacts associated with the construction of a proposed boathouse for the University on a site within the Chesapeake and Ohio Canal National Historical Park (C&O Canal NHP). In 1995 the NPS conducted an Environmental Assessment (EA) on a proposed land exchange of the site owned by the University within the boundaries of the C&O Canal NHP). In 1995 the NPS conducted an Environmental Assessment (EA) on a proposed land exchange of the site owned by the University within the boundaries of the C&O Canal NHP and a site located within the non-motorized boathouse zone established by the Georgetown Waterfront Park Plan. This EA resulted in a Finding of No Significant Impact (FONSI). The three primary land use goals evaluated were: (1) Precluding development of a boathouse on the University's largely undisturbed inholding in the park with existing significant natural and cultural resources; (2) Extinguishing nearly a mile of private access over the Capital Crescent Trail; and (3) Placing the boathouse on property within the boathouse zone in furtherance of the recreational mandate of C&O Canal NHP Act and Georgetown Waterfront Park Plan. In 1997, the NPS signed a Memorandum of Agreement (MOA) with the District of Columbia Historic Preservation Office that contained a provision that the proposed University Boathouse would not have a footprint greater than 15,000 square feet. Since the University subsequently proposed an 18,600 square foot boathouse, an amendment to the MOA was required. As part of that process, the NPS conducted public meetings in June and July 2004 to determine whether to revise the MOA. As a result of those meetings and additional written comments, the NPS determined that an EA should be undertaken for the construction of the proposed boathouse. NPS released an EA on the proposed boathouse for public comment from April 25 thorough June 15, 2006, and held a public open house on the EA. Approximately 2,500 comments were received. Based on comments received on the 2006 EA, and pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality (40 CFR Parts 1500- 1508), NPS has determined a EIS that will evaluate both the proposed land exchange and the construction impacts of the proposed boathouse is the proper NEPA compliance document. For this reason, NPS announces its intent to prepare an EIS to analyze potential environmental impacts from the proposed action, the range of reasonable alternatives, and mitigation options. This EIS will consider alternative actions. Those alternatives may include: (1) Construction of a boathouse with a footprint of 18,682 square feet on the NPS-owned site within the C&O Canal NHP, which is described as Alternative C in the 2006 EA; (2) Construction of a boathouse with a footprint of 15,000 square feet on the NPS-owned site within the C&O Canal NHP; (3) Construction of a University Boathouse east of 34th Street on an NPS-owned site within the Georgetown Waterfront Park; (4) Construction of a University Boathouse upon the site owned by the University; and (5) A No Action alternative, which would not require this land exchange and would involve the continued use of the Thompson's Boat Center to house the University's rowing program. Topics for analysis may include the constructability of the boathouse and/or by-right development on the University-owned site; natural, cultural and intangible resource values of the University- owned site; hydrology within the project area; possible impacts on wildlife; possible wetlands; balancing uses on the Capital Crescent Trail; and the cumulative impacts of the project in combination with the Washington Canoe Club, Potomac Boat Club, Jacks Boats, Dempsey's boathouse site, potential George Washington University boathouse and Thompson's Boat Center. The EIS will be prepared in compliance with NEPA and applicable regulations, including NPS Director's Order 12 and Interior Departmental Manual at 516 DM.

We, the Fish and Wildlife Service (Service), announce a public teleconference of the Sport Fishing and Boating Partnership Council (Council).

The Bureau of Land Management (BLM) has examined and found suitable for classification for lease and subsequent conveyance under the provision of the Recreation and Public Purposes (R&PP) Act, as amended, 43 U.S.C. 869 et seq., and under sec. 7 of the Taylor Grazing Act, 43 U.S.C. 315f, and E.O. 6910, eighty acres of land in Archuleta County, Colorado. Archuleta County proposes to use the land for public recreation purposes.

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. We are combining three surveys in this ICR because the surveys are interrelated and/or dependent upon each other: (1) Migratory Bird Hunter Surveys, currently approved under OMB Control No. 1018-0015, which expires February 28, 2008. (2) Parts Collection Survey, also approved under OMB Control No. 1018-0015. (3) Sandhill Crane Harvest Survey, currently approved under OMB Control No. 1018-0023, which expires November 30, 2007. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507 et seq.) and 5 CFR Part 1320, Reporting and Recordkeeping Requirements, the National Park Service (NPS) invites public comments on a revision of a currently approved collection (OMB 1024-0038).

The Bureau of Land Management (BLM) has examined and found suitable for classification for lease and subsequent conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 670 acres of public land in Clark County, Nevada. The City of Mesquite proposes to use the land for a regional park.

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on November 30, 2007. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on January 31, 2008. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

This notice extends the period for comments on the burden, estimates or any other aspects of the information collection requirements for the proposed Class II game classification standards (72 FR 60483) published in the Federal Register on October 24, 2007.

We, the U.S. Fish and Wildlife Service (Service), revise our August 15, 2006, proposal to designate critical habitat for 12 species of Hawaiian picture-wing flies (Drosophila aglaia, D. differens, D. hemipeza, D. heteroneura, D. montgomeryi, D. mulli, D. musaphilia, D. neoclavisetae, D. obatai, D. ochrobasis, D. substenoptera, and D. tarphytrichia) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 9,238 acres (ac) (3,738 hectares (ha)) fall within the boundaries of this revised proposed critical habitat designation. The revised proposed critical habitat is located in four counties (City and County of Honolulu, Hawaii, Maui, and Kauai) in Hawaii.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for Acanthomintha ilicifolia (San Diego thornmint) under the Endangered Species Act of 1973, as amended (Act). We also announce corrections to proposed critical habitat subunits 3C, 3D, 3F, 4A, 4B, and 4C as described in the preamble to the proposed rule published in the Federal Register on March 14, 2007 (72 FR 11946); announce the availability of the draft economic analysis for the proposed critical habitat designation; and announce amended Required Determinations for the proposal. The draft economic analysis provides information about the pre-designation costs and forecasts post-designation costs associated with conservation efforts for Acanthomintha ilicifolia. The draft economic analysis estimates potential future costs to be approximately $0.6 to $2.8 million in undiscounted dollars over a 20-year period in areas proposed as final critical habitat and approximately $1.6 to $5.1 million in undiscounted dollars over a 20-year period in areas proposed for exclusion from critical habitat under section 4(b)(2) of the Act. 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 the proposal was available. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, corrections to the preamble of 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 rule.

This notice publishes the Liquor Ordinance of the Karuk Tribe of California. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Karuk tribal lands. The land is located on trust land and this ordinance allows for the possession and sale of alcoholic beverages within the Karuk Tribe of California tribal lands. This ordinance will increase the ability of the tribal government to control the distribution and possession of liquor within their reservation and at the same time will provide funds for the continued operation and strengthening of the Karuk tribal government and the delivery of tribal government services.

Under the Class II provisions of title IV, Public Law 97-451, the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease NMNM 98795 from the lessee, Nadel and Gussman Permain, LLC, for lands in Eddy County, New Mexico. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

On October 19, 2001, the U.S. Fish and Wildlife Service (Service) issued a section 10(a)(1)(B) permit, pursuant to Section 10(a) of the Endangered Species Act (Act), for incidental take of the golden-cheeked warbler (Dendroica chrysoparia)(GCWA) to Thomas Scarpato and Janet Neyland-Scarpato (Applicant). The permit (TE-042733-0) was for a period of five years and expired on October 19, 2006. The requested permit renewal by Mr. and Mrs. Scarpato will extend the permit expiration by five years from the date the permit is reissued.

The Charlotte County Board of Commissioners (Applicant) requests an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act) for the take of the Florida scrub-jay (Aphelocoma coerulescens) (scrub- jay). The Applicant anticipates taking 84.2 acres of occupied scrub-jay breeding, foraging, and sheltering habitat, incidental to otherwise lawful activities of road construction and community redevelopment (Projects) in Charlotte County, Florida. The development of this habitat is expected to result in the take of 11 families of scrub-jays. The Applicant's habitat conservation plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Projects to the scrub-jay. These measures are outlined in the SUPPLEMENTARY INFORMATION section below.

The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). This meeting is open to the public, and interested persons may present oral or written statements.

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