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

In accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Bureau of Land Management (BLM) has prepared a Proposed Resource Management Plan/Final Environmental Impact Statement (PRMP/FEIS) for the Snake River Birds of Prey National Conservation Area (NCA).

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

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Mike Tinker for Competitive oil and gas lease WYW158649 for land in Big Horn County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from EOG Resources, Inc. and Southwestern Energy Production Company for Competitive oil and gas lease WYW155779 for land in Sweetwater County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

The Burley and the Shoshone Field Offices of the Twin Falls District and the Pocatello and Upper Snake Field Offices of the Idaho Falls District of the Bureau of Land Management (BLM), located in south-central and eastern Idaho, have prepared a proposed land use plan amendment and environmental impact statement to establish management guidance and objectives for vegetation resources as they relate to fire and fuels. This planning process is in conformance with the National Environmental Policy Act of 1969 (NEPA), the Federal Land Policy and Management Act of 1976 (FLPMA), and the Federal Wildland Fire Management Policy of 1995, as revised. The Proposed Plan Amendment is Alternative E, developed in response to public comment. Alternative E, which emphasizes protection and restoration of both rangeland and forest resources, is also considered to be the environmentally preferred alternative.

We are proposing to revise certain parts of the natural resource damage assessment regulations for hazardous substances. The regulations provide procedures that natural resource trustees may use to evaluate the need for, and means of restoring, replacing, or acquiring the equivalent of public natural resources that are injured or destroyed as a result of releases of hazardous substances. This notice seeks comment on the proposed revisions to the regulations in response to the biennial statutory review requirement, two court decisions, and the recommendations of the Department of the Interior's Natural Resource Damage Assessment and Restoration Federal Advisory Committee.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, the Bureau of Reclamation (Reclamation) proposes to prepare an EIS on the Equus Beds Aquifer Recharge and Recovery Component of the `Integrated Local Water Supply Plan, Wichita, Kansas' (referred to as the `Equus Beds Division'). The purpose of the Equus Beds Division is to provide a reliable supply of potable water to meet the maximum daily demand within the projected metropolitan area of Wichita, Kansas, through 2050 while protecting the Equus Beds aquifer's water quality. The proposed action would include the diversion of 100 million gallons per day (MGD) of above base flow water from the Little Arkansas River into the Equus Beds aquifer. The proposed action would involve adding a new point of diversion with a proposed new water right to be held by the City of Wichita.

This notice sets forth the date of the April 24, 2008 meeting of the Gettysburg National Military Park Advisory Commission.

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770, 5 U.S.C. App 1, 10), notice is hereby given of the meetings of the Big Cypress National Preserve ORV Advisory Committee for the remainder of 2008.

The purpose of this notice is to request public nominations for the Bureau of Land Management (BLM) Resource Advisory Councils (RACs) that have member terms expiring this year. The RACs provide advice and recommendations to BLM on land use planning and management of the public lands within their geographic areas. The BLM will consider public nominations for 45 days after the publication date of this notice.

The Bureau of Reclamation is announcing a 30-day extension of the public comment period for the Northwest Area Water Supply Project Draft Environmental Impact Statement on Water Treatment. The originally announced comment period ends on February 26, 2008, but has been extended until March 26, 2008. The original notice of availability of the DEIS, notice of the public hearings, and additional information on the DEIS were published in the Federal Register on December 21, 2007.

The Bureau of Land Management (BLM), Upper Snake Field Office, intends to prepare a Resource Management Plan (RMP) and associated Environmental Impact Statement (EIS) for the Upper Snake Field Office of the Idaho Falls District in eastern Idaho. Publication of this Notice also initiates a public scoping period to extend until 15 days after the last public scoping meeting. The RMP will address management of approximately 1.8 million acres of public land and will replace the following land use plans: Big Desert Management Framework Plan (MFP) (1980), Big Lost MFP (1983), Little Lost-Birch Creek MFP (1985) and the Medicine Lodge RMP (1985).

An application has been filed by Kent and Celia Heady for a recordable disclaimer of interest involving 0.65 acre of land in Umatilla County, Oregon, to remove a cloud on the title. The United States did not acquire title to the entire subject parcel because the land had been adversely possessed prior to the United States taking title to it. Therefore, the United States of America hereby gives notice of its intention to disclaim and release all interest in the land to the owner of record.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR 250, subpart I, Platforms and Structures. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

In accord with Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) and the Council on Environmental Quality regulations (40 CFR parts 1500-1508), the National Park Service (in cooperation with the Western Federal Lands Division of Federal Highway Administration) is undertaking a conservation planning and environmental impact analysis process to determine future management of public and inter-mingled private lands in the lower Stehekin River Valley within Lake Chelan National Recreation Area. An Environmental Impact Statement (EIS) will be prepared for a Stehekin River Corridor Implementation Plan, in conjunction with revising the current Land Protection Plan, which will guide land protection and Stehekin River management within Lake Chelan NRA. Background: The National Park Service (NPS) collectively manages North Cascades National Park, Lake Chelan NRA, and Ross Lake National Recreation Area as North Cascades National Park Service Complex (North Cascades). The Stehekin Valley is a glacial valley that begins at the crest of Cascade Pass within North Cascades National Park and ends where the river flows into Lake Chelan, the third deepest natural lake in the United States. Lake Chelan is a 55-mile-long, 1,500-foot-deep lake with exceptionally steep valley walls reminiscent of a fjord. The natural level of the lake was raised 21 feet by a hydroelectric/flood-control dam in the 1920s. Approximately the upper five miles of Lake Chelan and the lower nine miles of the Stehekin River are within Lake Chelan NRA. Geographically this remote area is a long, narrow corridor, within which numerous private homes and public facilities are located. People have been living in the Stehekin area since the valley was homesteaded in the mid-1800s. Approximately 100 people live in the Stehekin Community year-round, while many others visit periodically, most in summer. In addition, the Stehekin area draws visitors from around the world to camp, fish, swim, raft, kayak, bicycle, hike and engage in other activities. Some stay for only a few hours (between ferry landings), while some stay for days or weeks hosted by the park and the Stehekin Community. Prior to the late 20th century, like most rivers on the east slope of the Cascade Range, the Stehekin River had flooded primarily due to spring snowmelt. Since the 1960s, however, flooding appears to have become more likely during fall rain-on-snow events, which rise quickly and occur from mid-October through December. The unprecedented occurrence of several 100-year fall floods and one 500-year flood since 1995 has substantially altered the river channel and floodplain, resulting in channel migration, erosion of river banks, and flooding in some areas during even relatively low flood conditions. As a result, private landowners and NPS facilities in the lower Valley have repeately been threatened or damaged by recent flooding. Since the 1960s, the number of river channelization and bank stabilization structures has increased to some 1.5 miles at 41 sites. Purpose and Need: The three largest recorded floods on the Stehekin River have occurred within the past 12 yearsin 1995, 2003, and 2006. Prior to this, the last large flood of similar magnitude occurred in 1948. Because of ongoing impacts to federal lands and private property from the increased magnitude and frequency of flooding, sustainable management strategies and actions are needed to fulfill the intent of the 1995 Lake Chelan NRA General Management Plan (GMP) to allow for natural processes associated with the Stehekin River to occur, to maintain park facilities (including the road system, nearby campgrounds, and administrative areas), and to help ensure the sustainability of visitor services provided by the Stehekin community. Some of these management strategies and actions were identified by the Lake Chelan GMP. Among other actions, the GMP called for the relocation of park facilities out of the floodplain. The GMP and accompanying 1995 Lake Chelan Land Protection Plan (LPP) also called for the continued purchase and/or exchange of private lands within the floodplain. Although tiered to the GMP, this Stehekin River Corridor Impementation Plan would provide more detailed management guidance. As a result, this implementation plan will identify additional sustainable management strategies and actions related to or clarified from the Lake Chelan GMP and will review and refine existing management strategies and actions based on continuing research applicable to river management practices. This conservation planning and environmental impact analysis process is also intended to update the LPP. Changes in the origin, magnitude, and frequency of floods have led to a shift in floodplain boundaries, and a recurring threat to public and private facilities. It is possible that the Stehekin River system may be evolving from a spring snowmelt dominated system to one dominated by bigger, more frequent fall rain-on-snow floods. Because of channel changes associated with the three most recent large floods, smaller floods now inundate areas that were not within the 100-year floodplain prior to 1995. Other areas that were within the floodplain have now become part of the active river channel. These changing hydrological conditions and the rapid accumulation of large woody debris and flood-deposited sediment along the Stehekin River have led to a landscape that requires management changes not envisioned by previous plans or treated holistically in actions on federal lands or private property to date. This implementation plan will identify the most effective and sustainable strategies and actions for future management of the Stehekin River corridor based upon the laws, regulations and policies that guide the administration of NPS lands. Preliminary Issues: NPS personnel, interagency staff, and area residents have begun to internally evaluate the state of knowledge about the Stehekin River and to review past management actions to identify a variety of preliminary issues and potential future management actions. The following issues and actions constitute a starting point for engaging the public in the conservation planning process: Comprehensive analysis of the sustainability of public and administrative roads within the Lower Stehekin Valley: Because of channel changes associated with the three most recent large floods, public and administrative roads in several locations now become inundated during smaller flood events and bank erosion threatens road networks at additional sites, cutting off access. There is a need for a comprehensive analysis of what steps would be needed to maintain the public and administrative road system, including identifying possible reroute locations out of the floodplain and the associated environmental effect. The analysis of any reroutes will need to include potential effects on federal or state listed species. Possible relocation or modification of recreational and administrative facilities within the Lower Stehekin Valley: Changes in the river have caused significant shifts in floodplain boundaries for the 100-year flood. Development areas which did not flood before 2003 now flood frequently, placing some recreational and administrative sites and facilities in the Lower Stehekin Valley at risk. Among the affected facilities are the group campsites at Harlequin Campground and several formerly private cabins that have been destroyed by flooding, yet remain as dilapidated structures or debris piles along the river, diminishing scenic qualities. Updating the Lake Chelan Land Protection Plan: The Land Protection Plan was designed in large part to protect the river corridor from development. Since the Land Protection Plan was approved in 1995, the NPS has exchanged several parcels of land. An update is needed to determine how previous land protection priorities would be modified by new information associated with preliminary changes to floodplain mapping and by lands acquired since the plan was developed. The update would likely include refining criteria used to evaluate land purchases and exchanges and acquisition priorities. Providing guidance for future river bank and flood protection measures in the Lower Stehekin Valley, including management of large, woody debris and restoration of riparian areas: Despite erosion and flood protection efforts by the NPS and private landowners, bank erosion continues to threaten public and private property. Channel changes associated with the floods have placed more pressure on some sites, while decreasing erosion rates at others. As certain channel reaches fill with gravel, large logjams have formed at side channel openings. Large wood affects flooding issues and recreational use of the river. Future actions if inappropriate could impact federal and state listed species or/and increase the spread of non-native plans. While recent changes in flooding and erosion are occurring throughout the lower Stehekin River Valley, two key points in the valley that have undergone major changes are the river mouth and McGregor Meadows: At the valley mouth, the changing level of Lake Chelan influences the gradient and velocity of the river as far as a \1/4\ mile upstream. The slowing of the river in turn triggers deposition of sediment and large woody debris. At McGregor Meadows, the valley widens three-fold, triggering a loss in river gradient, the deposition of massive amounts of gravel, and the accumulation of large log jams. These changes in the river system lead to impacts to roads, visitor facilities, and private property. Response has been on an event-by-event basis. The resulting outcomes as well as public understanding gained over the last 10 years underscores the need for developing comprehensive, sustainable guidance for future bank erosion and flood protection measures, including management of large, woody debris and restoration of riparian areas. NPS personnel, interagency staff, and Stehekin landowners have begun to identify preliminary components of a comprehensive implementation plan. Possible management actions may include combinations of the following (or other feasible actions as may be identified by the public during the scoping phase): Continue current management practices, such as reacting to periodic flooding by installing bank erosion protection devices or relocating the Stehekin Valley Road on a case-by-case basis; considering requests from private landowners regarding appropriate actions to take so as to avoid consequences of flooding, including elevating their homes; responding to private property owners as they seek permission to take action on NPS land to protect adjacent private property; continue to evaluate the suitability of lands for exchange as requests for exchanges are made or as the NPS acquires new land; continue research to determine the efficacy of long-term bank stabilization (erosion protection) measures. In addition to maintaining some current management activities, new practices which may be evaluated include: Use new floodplain mapping to identify new threats to private and public structures and to identify what lands can be managed sustainably under existing conditions (with structures or facilities); Update land exchange criteria/priorities to reinvigorate land exchange process; Analyze the amount and movement of large woody debris to determine if management changes are needed (potentially refining GMP direction to allow for limited manipulation of large woody debris in an effort to protect certain areas from large flood damage); Relocate parts of private and public roads, campgrounds, or campsites from the floodplain; Work with landowners to remove private facilities from the floodplain; Remove derelict structures, debris piles, or non-native plants from floodplain; Encourage moving or reconstructing private homes outside of the floodplain; Restore native riparian edge near Buckner Orchard to slow erosion rate; and Accept some facilities in floodplain. Scoping Process: As a key step in the overall conservation planning and environmental impact analysis process necessary for achieving the goal of partnering to implement coordinated Stehekin River management, the NPS is seeking public comments and relevant information to guide the preparation of a Draft EIS. The objectives of the public scoping phase include: (1) Invite participation from federal, tribal, state, local governments and other interested parties; (2) Inform all interested parties about the scope of the problem and the need to find solutions; (3) Identify a preliminary range of management alternatives (in addition to a no-action alternative that will be used as a baseline of existing conditions from which to evaluate proposed changes in management); (4) Identify relevant natural and cultural resources, recreational uses, socioeconomic and other issues which warrant detailed environmental impact analysis, and eliminate issues or topics which do not require analysis; (5) Identify potential environmental consequences and suitable mitigation strategies. Any parties wishing to express concerns about management issues or provide relevant environmental information that should be addressed in preparing the forthcoming EIS are strongly encouraged to submit written comments. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire commentincluding your personal identifying informationmay be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information, we cannot guarantee that we will be able to do so. All written comments must be postmarked or transmitted not later than March 31, 2008. Written comments should be mailed to North Cascades National Park Service Complex, Attn: SRCIP-EIS, 810 State Route 20, Sedro- Woolley, WA 98284 (or e-mailed to NOCA_planning@nps.govplease include ``Stehekin River Corridor Implementation Plan'' in the subject header). Comments may also be submitted via the NPS Planning Environment & Public Comment Web site at www.parkplanning.nps.gov/NOCA. Several public scoping workshops are anticipated to be held, including February 25 (Concrete), February 26 (Sedro-Woolley), March 4 (Bellingham), and March 5 (Seattle). Details regarding the workshops including times and meeting locations will be announced widely through local and regional news media, direct park mailings, and posted on the park's Web site at www.nps.gov/noca. Decision Process: At this time, the Draft EIS is expected to be available for public review in spring 2009. Formal announcement of its availability will be published in the Federal Register, and through local and regional news media, as well as distribution to public libraries. Following due consideration of all comments as may be received, a Final EIS will be prepared. As a delegated EIS, the official responsible for a final decision is the Regional Director, Pacific West Region. Subsequently the official responsible for implementing the approved plan and for monitoring results is the Superintendent, North Cascades National Park Service Complex.

The public is invited to comment on the following applications to conduct certain activities with endangered species.

The following permits were issued.

Notice is hereby given in accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C. Appendix (1988)), that the Preservation Technology and Training Board (Board) of the National Center for Preservation Technology and Training (NCPTT), National Park Service will meet on Tuesday and Wednesday, April 15-16, 2008, in Natchitoches, Louisiana. The Board was established by Congress to provide leadership, policy advice, and professional oversight to the National Park Service's National Center for Preservation Technology and Training (National Center) in compliance with section 404 of the National Historic Preservation Act of 1966, as amended, (16 U.S.C. 470x-2(e)). The Board will meet at Lee H. Nelson Hall, the headquarters of NCPTT, at 645 University Parkway, Natchitoches, LA 71457telephone (318) 356-7444. The meeting will run from 9 a.m. to 5 p.m. on April 15 and from 9 a.m. to 12 p.m. on April 16. The Board's meeting agenda will include: review and comment on National Center FY2007 accomplishments and operational priorities for FY2008; FY2008 and FY2009 National Center budget and initiatives; proposed Conference on Sustainability in Preservation; revitalization of the Center's Friends group, and Board workgroup reports. The Board meeting is open to the public. Facilities and space for accommodating members of the public are limited, however, and persons will be accommodated on a first come, first served basis. Any member of the public may file a written statement concerning any of the matters to be discussed by the Board. Persons wishing more information concerning this meeting, or who wish to submit written statements, may contact: Mr. Kirk A. Cordell, Executive Director, National Center for Preservation Technology and Training, National Park Service, U.S. Department of the Interior, 645 University Parkway, Natchitoches, LA 71457telephone (318) 356-7444. In addition to U.S. Mail or commercial delivery, written comments may be sent by fax to Mr. Cordell at (318) 356-9119. Minutes of the meeting will be available for public inspection no later than 90 days after the meeting at the office of the Executive Director, National Center for Preservation Technology and Training, National Park Service, U.S. Department of the Interior, 645 University Parkway, Natchitoches, LA 71457telephone (318) 356-7444.

The Trinity Adaptive Management Working Group (TAMWG) affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River (California) restoration efforts to the Trinity Management Council (TMC). The meeting is open to the public.

The National Park Service announces the availability of the Final Environmental Impact Statement (FEIS) for the General Management Plan (GMP) for Saguaro National Park, Arizona. This action follows the National Environmental Policy Act of 1969, 42 U.S.C. 4332(c). The document will provide a framework for management, visitor use, and facility development of the national park by the National Park Service for the next 15 to 25 years. The document describes three management alternatives including a no-action alternative and the preferred alternative of the National Park Service. In addition, the National Park Service analyzes anticipated environmental impacts of the alternatives. The National Park Service considered comments from the public, from traditionally associated American Indian tribes, and from government agencies on the draft plan when preparing the final.

This notice advises the public and other interested parties that the comment period for the Draft Environmental Impact Statement (DEIS), Habitat Conservation Plan (HCP), Incidental Take Permit (ITP) application, and Implementing Agreement (IA) regarding the Oregon Parks and Recreation Department's (OPRD) HCP for the western snowy plover is reopened for fifteen days. The original notice contains additional information and was published in the Federal Register on November 5, 2007 (72 FR 62485). The OPRD has submitted an application to the U.S. Fish and Wildlife Service (Service) for an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). As required by section 10(a)(2)(B) of the ESA, the OPRD has also prepared an HCP that describes the proposed actions and measures the applicant will implement to minimize and mitigate take of the threatened western snowy plover (Charadrius alexandrinus nivosus). The permit application is related to public use, recreation, beach management, and resource management activities along Oregon's coastal shores. The Service generally allows 45 days for public comment on a DEIS which evaluates the impacts of a proposed HCP and associated ITP on the human environment. The original comment period on the DEIS was from November 5, 2007, to January 4, 2008, and extended over several Federal holidays so the Service provided a 60-day comment period. However, during that period, the Pacific Northwest coast experienced extreme weather with coastal wind damage and flooding, potentially affecting the ability of interested parties to obtain necessary documents for review. Since the area damaged by severe weather encompassed the area potentially affected by the proposed HCP, we are reopening the public comment period for 15 days following publication of this notice. Comments received will become part of the public record and will be available for review pursuant to section 10(c) of the ESA. For locations to review the documents, please see the SUPPLEMENTARY INFORMATION section below.

The plats of survey of the following described lands were officially filed in the Bureau of Land Management Oregon/Washington State Office, Portland, Oregon, on February 6, 2008.

We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to renew 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 April 30, 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.