Department of the Interior February 2008 – Federal Register Recent Federal Regulation Documents

We invite the public to comment on the following applications to conduct certain activities with endangered species.

The Bureau of Reclamation's New Melones Recreation Resource Office will change public use of the Mark Twain Recreation Area Lake Access, located within a special use area, near the Park Administration and Visitor Center at new Melones Lake. The public use will change from launching of trailered boats of any size to launching of small boats by hand only. Boats will be limited to canoes, kayaks, rowboats, skiffs, or small boats with up to a ten horsepower motor that can be hand carried. With this change in use, vehicles, including motorcycles, will no longer be permitted to drive to the water's edge to launch boats or for other purposes. The location of vehicle access will vary due to fluctuating water level of the lake, irregularity of the shoreline and eroded nature of the former roadway which is used for lake access. However, Reclamation intends to manage vehicle access to allow public vehicles to within approximately 100-200 feet of the water. Other authorized recreation activities will not be affected. This change in use will serve to enhance public safety and water quality, while providing for recreation and protection of cultural and natural resources in the area.

In accord with Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-90), the National Park Service is undertaking a conservation planning and environmental impact analysis process for a Non-native Ungulate Management Plan for Hawaii Volcanoes National Park. The purpose of the plan is to refine the strategies for managing non-native ungulates that supports long-term ecosystem protection, recovery and restoration of native vegetation and other natural resources, and protects and preserves cultural resources. Non- native ungulate management is needed to address unacceptable impacts of non-native ungulates, which result in the loss of native ecosystems, especially native plant and animal communities; the loss of sensitive endemic species, including state and federally listed species; and the loss of irreplaceable cultural resources. The park also needs to update non-native ungulate management in order to address NPS Management Policies 2006, Sec. 4.4.4, Management of Exotic Species, which states that non-native species will not be allowed to displace native species if displacement can be prevented. Background Information; Ungulates, or mammals with hooves, are an issue of concern throughout the State of Hawaii because of these are non-native species which have detrimental impacts on native diversity and ecosystems. Non-native species are those that do not naturally occur in the ecosystem and were introduced into the environment from elsewhere. Goats, European pigs, sheep, and cattle were introduced to the Hawaiian Islands in the late eighteenth century and have become feral. Mouflon sheep were introduced to Hawaii Island in the twentieth century as a game animal. Populations of non-native ungulates have proliferated in Hawaii because of an equable climate, abundant food sources, vegetation poorly adapted to herbivorous mammals, and lack of predators. Because the ecosystems of the Hawaiian Islands evolved without large mammalian herbivores, they are particularly vulnerable to the effects of non-native ungulates. Non-native ungulates cause habitat degradation and population decline for native Hawaiian species. They impact native species through browsing, stripping bark, destroying habitat, and inhibiting regeneration. Non-native ungulates increase soil disturbance and erosion, and foster the spread of non-native plants. Non-native ungulates also have the potential to affect cultural resources at the park, which include archeological sites, cultural landscapes, and ethnographic resources. Digging and rooting could impact archeological sites through ground disturbance. Alterations in the ecosystem of an area could impact the characteristics that contribute to its designation as a cultural landscape. Traditional uses of native peoples could be impacted by the loss of native plant and animal communities important to their culture. The park was created in 1916, and has been addressing populations of non-native species, including ungulates, since the 1920s. However, the park's most recent EIS addressing non-native ungulate control was completed 30 years ago. Consequently the new EIS/plan will address non- native ungulate management in the context of NPS policies updated in 2006, recent park land acquisition, new invasive species challenges, and currently available strategies for managing ungulates. Scoping Process: Hawaii Volcanoes National Park and the National Park Service (NPS) are eliciting early public comment regarding the full spectrum of issues and public concerns, the nature and extent of potential environmental impacts (and as appropriate, mitigation measures), and all feasible management alternatives which should be considered by the planning team in preparing a Draft EIS/plan. Through outreach activities planned in the scoping phase, the NPS welcomes relevant information and suggestions from the public. Publication of this Notice formally initiates the public scoping phase for the EIS process. All written scoping comments must be postmarked or transmitted not later than May 19, 2008. Written comments may be sent to: Cindy Orlando, Superintendent, Hawai'i Volcanoes National Park, P.O. Box 52, Hawai'i National Park, HI 96718-0052. Alternatively, comments may also be transmitted electronically through the NPS Planning, Environment and Public Comment project Web site at https://parkplanning.nps.gov/HAVO. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you would be aware that your entire commentincluding your personal identifying informationmay be made publicly available at any time. While you can ask us to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. At this time, it is expected that public meetings will be hosted in the towns of Hilo (April 29), Na'alehu (April 30), and Kona (May 1). All meetings will be conducted in an open house format from 5 p.m. to 8 p.m. Detailed information regarding the meetings will be included in an announcement posted on the project Web site, and also publicized in direct mailings and via local and regional press media. All attendees will be given the opportunity to ask questions and provide comments to the planning team. The Web site noted above will provide the most up-to-date information regarding the project, including project description, planning process updates, meeting reports and documents, and informational links associated with the project. Decision Process: Following the scoping phase and due consideration of public concerns and other agency comments, a Draft EIS for the Non- native Ungulate Management Plan will be prepared and released for public review. Availability of the forthcoming Draft EIS for pubic review and written comment will be formally announced through the publication of a Notice of Availability in the Federal Register, as well as through local and regional news media, direct mailing to the project mailing list, and via the internet at the project Web site. At this time it is expected that the Draft EIS/plan may be available for public release during summer-fall, 2009. Following due consideration of all agency and public comment as may be forthcoming after release of the draft document, a Final EIS will be prepared. As a delegated EIS, the official responsible for the final decision on the proposed non- native ungulate management plan is the Regional Director, Pacific West Region, National park Service. Subsequently, the official directly responsible for implementation of the approved plan would be the Superintendent, Hawai'i Volcanoes National Park.

Notice is hereby given of the 2008 annual meeting of the ACWS. This meeting is to discuss broad policy topics relating to National water initiatives; and the development and dissemination of water information, through reports from the eight ACWS subgroups. The agenda will include an update on the three pilot studies of the National Water Quality Monitoring Network for U.S. Coastal Waters and their Tributaries and the first report from the Subcommittee on Ground Water on a National Ground Water Framework, as well as other water initiatives. The ACWI has been established under the authority of the Office of Management and Budget Memorandum No. M-92-01 and the Federal Advisory Committee Act. The purpose of this Presidential Committee is to represent the interests of water-information users and professionals in advising the Federal Government on Federal water-information programs and their effectiveness in meeting the Nation's water-information needs. Member organizations help to foster communications between the Federal and non-government sectors on sharing water information. Membership represents a wide range of water resources interests and functions. Representation on the ACWI includes all levels of government, academia, private industry, and professional and technical societies. Member organizations designate their representatives and alternates. Membership is limited to a maximum of 35 organizations.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for Berberis nevinii (Nevin's barberry) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 6 acres (ac) (3 hectares (ha)) in Riverside County, California, fall within the boundaries of the final critical habitat designation.

Notice is hereby given that a meeting of the Boston Harbor Islands National Recreation Area Advisory Council will be held on Wednesday, March 5, 2008, at 6 p.m. to 8 p.m. at University of MassachusettsBoston, 100 Morrissey Boulevard, Campus Center, 3rd floor Bayview Room, Boston, MA. This will be the annual meeting of the Council. The agenda will include a presentation on the development of a new guide book: Discovering the Boston Harbor Islands, membership review and election of officers, ``park report card'' update and public comment. The meeting will be open to the public. Any person may file with the Superintendent a written statement concerning the matters to be discussed. Persons who wish to file a written statement at the meeting or who want further information concerning the meeting may contact Superintendent Bruce Jacobson at (617) 223-8667.

The following applicants have applied for scientific research permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, 40 CFR 1500-1508, and 43 CFR 3809, the Bureau of Land Management (BLM), Battle Mountain Field Office will prepare a Supplemental Environmental Impact Statement (SEIS) for the Phoenix Copper Leach Project located in Lander County, Nevada. The proposal includes expansion of the existing project boundary, construction and operation of a copper beneficiation facility, and development of new leaching facilities at the Phoenix Mine. This notice initiates the public scoping process and announces a public meeting.

The Bureau of Indian Affairs (BIA) is submitting to OMB an information collection from persons seeking proof of American Indian or Alaska Native blood for reinstatement, as required by the Paperwork Reduction Act. The information collected under OMB Control No. 1076- 0153 will be used to document an applicant's Indian ancestry and degree of Indian or Alaska Native blood. CDIBs are used by individuals applying for BIA programs and services available to Indians because they are Indian.

In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed authority for the collection of information for 30 CFR part 705 and the Form OSM-23, Restriction on financial interests of State employees.

Pursuant to Executive Order 13112, the National Invasive Species Council (NISC) is announcing a 30-day extension of the public comment period for the draft of the 2008-2012 National Invasive Species Management Plan. The Order established NISC as an inter-agency council to prevent and control invasive species in order to minimize their economic, ecological and human health impacts. The Council, which is co-chaired by the Secretaries of Agriculture, Commerce and the Interior also includes the departments of State, Defense, Transportation, Homeland Security, Treasury, Health and Human Services, as well as the Environmental Protection Agency, the U.S. Trade Representative, the U.S. Agency for International Development and the National Aeronautics and Atmospheric Administration. The Plan is intended to address invasive species in the areas of prevention, early detection and rapid response, control, restoration and organizational collaboration. Text of the 2008-2012 National Invasive Species Management Plan is available in PDF format at https://www.invasivespeciesinfo.gov.

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 Coastal Impact Assistance Program (CIAP) State Plan Guidelines. The Energy Policy Act of 2005 gave responsibility to MMS for CIAP by amending section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a; Appendix A).

The Bureau of Indian Affairs (BIA) owns, or has an interest in, irrigation facilities located on various Indian reservations throughout the United States. We are required to establish rates to recover the costs to administer, operate, maintain, and rehabilitate those facilities. We request your comments on the proposed rate adjustments.

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) the Bureau of Land Management (BLM) has prepared a Final Environmental Impact Statement (FEIS) that analyzes a proposed right-of-way for groundwater and conveyance facilities in Lincoln County. This notice initiates the public review process on the FEIS.

Notice is hereby given that a certain access road in Rio Blanco County, Colorado, is closed to all entry or use by all members of the public. The closure is made under the authority of 43 CFR 8364.1. The public road affected by this closure is specifically identified as follows:

We, the U.S. Fish and Wildlife Service (Service), announce the opening of a public comment period regarding the status of the Bonneville cutthroat trout (Oncorhynchus clarki utah) throughout its range in the United States. The 12-month finding for this subspecies, published in the Federal Register on October 9, 2001, has been withdrawn by the Service (Stansell Memorandum, August 24, 2007) due to the subsequent development of a formal opinion (Department of the Interior, March 16, 2007) regarding the legal interpretation of the term ``significant portion of the range'' of a species. The status review will include analysis of whether any significant portion of the range of the Bonneville cutthroat trout warrants listing as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). Through this action, we encourage all interested parties to provide us information regarding the status of, and any potential threats to, the Bonneville cutthroat trout throughout its range, or any significant portion of its range.

Pursuant to the provisions of the Privacy Act of 1974, as amended, (5 U.S.C. 552a), notice is hereby given that the Department of the Interior proposes to establish a new system of records, INTERIOR, BLM-40, to be maintained by the Bureau of Land Management (BLM). The Department of the Interior is establishing a new system of records to manage the consolidated database of qualifications of Federal, State, local, contractor, volunteer, and special group wildland firefighters. This system will provide a single consolidated database for access to determine if personnel are qualified for specific positions on incident response teams. The typical incident for which the information would be used is on wildland fire support. However, other types of incidents do occur in which qualified personnel are needed and requested by other Federal Agencies, such as the Federal Emergency Management Agency, and by states for emergency situations such as hurricanes, floods, and human-caused disasters. The creation and the maintenance of this system are authorized in accordance with provisions of 43 U.S.C. 1811e, 42 U.S.C. 1856a, 15 U.S.C. 2201, 5 U.S.C. 4118, 5 U.S.C. 3101, 16 U.S.C. 551C, 43 U.S.C. 1457, EO 10561, 620 DM 1.

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 TXNM 106959 from the lessee, Sun- West Oil and Gas Inc., for lands in Trinity County, Texas. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

In accordance with the Marine Mammal Protection Act (MMPA), the Fish and Wildlife Service (Service) has developed draft revised marine mammal stock assessment reports for the three stocks of northern sea otters (Enhydra lutris kenyoni) in Alaska, which are available for public review and comment.

Effective with publication of this public notice, the National Park Service (NPS) has rescinded a policy concerning management of cruise ships in Glacier Bay National Park & Preserve which was originally published in the Federal Register on May 31, 1990 (FR, Vol. 55, No. 105, page 22108, 5/31/1990, FR Doc. 9012551). In summary, the policy was intended to increase opportunities for competitive award of cruise ship use days into Glacier Bay and to enhance visitor opportunities to select from a wider variety of cruise ship operations. These objectives were to be accomplished under the 1990 policy primarily by limiting the transferability of concession permits for cruise ship tours in Glacier Bay, limiting the scope of a preference in renewal of concessions permits that would otherwise apply, and granting additional renewal preferences. However, in 1998, the Congress revised and reconfirmed the management of NPS concession contract authorizations through the NPS Concessions Management Improvement Act of 1998, Public Law 105-391, November 13, 1998. This law does not permit the continued implementation of most of the operative provisions of the 1990 policy such that the policy can no longer be implemented to achieve its objectives. Accordingly, the NPS has rescinded the 1990 policy. However, NPS does intend to continue to encourage the award of multiple concession contracts to different operators for Glacier Bay cruise operations so as to enhance visitor choices in visiting Glacier Bay by cruise ship. This will be accomplished primarily by limiting the number of cruise ship use days permitted under applicable cruise ship concessions contracts, thereby increasing the number of concession contracts available for award.