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

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Idaho Falls District Resource Advisory Council (RAC), will meet as indicated below.

The Bureau of Land Management (BLM) Jarbidge Field Office, Twin Falls District, Idaho, intends to prepare an Environmental Impact Statement (EIS) for the proposed China Mountain Wind Project, located on 30,700 acres of public, state, and private lands in the Jarbidge Foothills, southwest of the town of Rogerson in Twin Falls County, Idaho, and west of the town of Jackpot in Elko County, Nevada. The EIS will analyze the potential environmental impacts of the construction and operation of a proposed wind power generation facility, associated transmission facilities, and access roads. The EIS will be prepared in accordance with the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701), as amended; the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321), as amended; and the Council on Environmental Quality (CEQ) regulations (40 CFR parts 1500-1508). This notice initiates the public scoping process to identify relevant issues associated with the proposed project.

This publishes notice of an Amendment to the 1998 Class III Gaming Compacts between the State of Michigan and the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians taking effect.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to the Office of Management and Budget (OMB) an information collection request (ICR) for a new approval of the paperwork requirements in new Form MMS-0001, Lease of Submerged Lands for Alternative Energy Activities on the Outer Continental Shelf (OCS), which is printed within this Federal Register notice. This new form is the instrument that MMS will use to issue a lease on the OCS to conduct data collection and/or technology testing. This notice also provides the public a second opportunity to comment on the paperwork burdens associated with the lease form.

This order withdraws 4,595.78 acres of National Forest System land from mining for a period of 20 years to preserve unique cave resources adjacent to Jewel Cave National Monument. The land has been and will remain open to such forms of disposition as may by law be made of National Forest System land and to mineral leasing.

We are announcing receipt of a proposed amendment to the North Dakota regulatory program (hereinafter, the North Dakota program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). North Dakota proposes revisions to rules that would change self- bonding requirements, update terminology used for describing native grasslands, and correct a cross reference error. At its own initiative, it intends to revise its program to improve operational efficiency. This document gives the times and locations that the North Dakota program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

Notice is hereby given that certain public land located in the southern Robledo Mountains, Dona Ana County, New Mexico, is subject to an emergency closure to unpermitted collection (free use) of fossilized wood and plant fossils. This closure is necessary in order to prevent further adverse impacts to paleontological resources in the area while the formal conservation status of the region is under determination. Closure will remain in effect for 2 years and may be renewed upon the completion of the Tri-County Resource Management Plan. Closure signs will be posted at main entry points to this area. Maps of the closure area, as well as documents associated with environmental review of this closure may be obtained at the Las Cruces District Office.

This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the Ione Band of Miwok Indians (Tribe), National Indian Gaming Commission, City of Plymouth, California, and U.S. Environmental Protection Agency (EPA), intends to file a Draft Environmental Impact Statement (DEIS) with the EPA for the proposed 228.04 acre trust acquisition and construction of casino project to be located within the City of Plymouth in Amador County, California and that the DEIS is now available for public review. This notice provides a 75-day public comment period and thereby grants a 30- day extension to the normal 45-day public comment period. This notice also announces a public hearing to receive comments on the DEIS.

This order partially revokes a Public Land Order insofar as it affects 80 acres of public land within a national forest, which was withdrawn and reserved for use of the Forest Service as the Mt. Olympus Powder Magazine Administrative Site. This order also opens 5.75 acres of that land to disposal in accordance with the Forest Service Facility Realignment and Enhancement Act of 2005.

On January 25, 2008, the Fish and Wildlife Service published a Federal Register Notice (73 FR 4617) announcing the availability of the Draft Environmental Impact Statement (DEIS) for a Proposed Land Exchange in the Yukon Flats National Wildlife Refuge, Alaska, and the beginning of a 60-day comment period. In response to numerous requests from Tribal Governments, non-governmental organizations, and the general public we are reopening the comment period for an additional 30 days. We will consider these public comments when revising the document.

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 of oil and gas lease COC59920 from the following companies: (1) Cleary Petroleum Corp., (2) GSE LTD, (3) Peacock Comm. Properties, LTD, and (4) Joe R. Peacock, Sr., for lands in Montrose County, Colorado. 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 a draft revised marine mammal stock assessment report for the northern sea otter (Enhydra lutris kenyoni) stock in Washington State, which is available for public review and comment.

This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses during the 2008-09 and 2009-10 regulatory years. These regulations have been subject to an annual public review cycle, but starting in 2008 the Federal Subsistence Management Program will provide a public review process for subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years. The Program will also address customary and traditional use determinations during the applicable biennial cycle. This cycle adjustment does not affect the public's ability to submit special action requests or requests for reconsideration, as outlined in the regulations. When final, the resulting rulemaking will replace the subsistence wildlife taking regulations, which expire on June 30, 2008. This rule would also amend the customary and traditional use determinations of the Federal Subsistence Board and the general regulations on taking of wildlife.

This order extends the withdrawal created by Public Land Order No. 6705, for an additional 20-year period. This extension is necessary to continue protection of the United States Air Force Beaver Creek Research Site in Alaska which would otherwise expire on January 10, 2009.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(C), the National Park Service is preparing an environmental impact statement for a general management plan for Gila Cliff Dwellings National Monument, New Mexico. The environmental impact statement will be approved by the Director, Intermountain Region. The general management plan will prescribe the resource conditions and visitor experiences that are to be achieved and maintained in the monument over the next 15 to 20 years. The clarification of what must be achieved according to law and policy will be based on review of the monument's purpose, significance, special mandates, and the body of laws and policies directing park management. Based on determinations of desired conditions, the general management plan will outline the kinds of resource management activities, visitor activities, and development that would be appropriate in the future. A range of reasonable management alternatives will be developed through this planning process and will include, at a minimum, no-action and the preferred alternative. The monument does not have a general management plan as required by the Redwood Amendment of 1978 and NPS management policies. Issues to be addressed will include but are not limited to the following: The protection and interpretation options for the cliff dwellings and TJ Ruin and long-term direction for protection and management. The needs of all users (cultural heritage visitors, wilderness hikers, nature watchers, and Native Americans) and the appropriateness and adequacy of current facilities. Identifying and analyzing various options for long-term management of the monument, adjacent land, and facilities.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of the Record of Decision for the Elk and Vegetation Management Plan, Rocky Mountain National Park, Colorado. On February 15, 2008, the Regional Director, Intermountain Region, approved the Record of Decision for the project. As soon as practicable, the National Park Service will begin to implement the Preferred Alternative contained in the FEIS issued on January 4, 2008. The Final Plan analyzed five alternatives, including a no action alternative (Alternative 1), to manage elk and vegetation within the Park. The four action alternatives each used different combinations of management tools to reduce the elk population size and densities, redistribute elk, restore natural migration, and restore vegetation. All action alternatives emphasized adaptive management. Alternative 2 used intensive lethal reduction (culling) of elk in the first four years of the plan to reach a population size on the low end of the natural range of variation, in combination with minimal fencing. Alternative 4 used a fertility control agent along with gradual lethal reduction (culling) of elk over the 20 year life of the plan to reach a population size on the high end of the natural range of variation, in combination with a moderate amount of fencing. Alternative 5 used introduction of a small number of intensively managed wolves, along with intensive lethal reduction (culling) of elk in the first four years of the plan to reach a population size that incorporated the full range of natural variation, in combination with minimal fencing. The selected action, Alternative 3, relies on a variety of conservation tools including fencing, redistribution, vegetation restoration and lethal reduction (culling). In future years, the park will, using adaptive management principles, reevaluate opportunities to use wolves or fertility control as additional tools. The selected alternative includes the gradual lethal reduction (culling) of elk by National Park Service staff and authorized agents of the National Park Service to achieve an elk population size at the high end of the natural range of variation of 1,600 to 2,100 elk (600 to 800 park subpopulation; 1,000 to 1,300 town subpopulation) by the end of the plan. Inside the park, up to 200 elk will be removed annually over 20 years. To the extent possible, elk carcasses and/or meat resulting from these actions will be donated through an organized program to eligible recipients, including tribes, based on informed consent and pursuant to applicable public health guidelines. Aspen stands (up to 160 acres) on the elk range will be fenced to exclude elk herbivory. Because this alternative will result in a target population at the high end of the natural range, up to 440 acres of suitable willow habitat will be fenced in the high elk-use areas of the primary summer and winter ranges. These temporary fences will be installed adaptively, based on vegetation response to elk management actions as indicated through a monitoring program. To reduce elk densities on the elk range outside of fenced areas, redistribution of the population will occur using herding, aversive conditioning, and use of unsuppressed weapons for culling. The plan incorporates adaptive management and monitoring to determine the level and intensity of management actions needed, including elk population reductions, fencing, herding, and aversive conditioning. Population numbers will be estimated annually and the number of animals to be removed will be determined based on the most current population estimates. If the elk population is within the defined portion of the range of natural variation and vegetation management objectives are being met, no lethal reduction activities will take place. Culling will be administered by the National Park Service and carried out by National Park Service personnel and their authorized agents. For purposes of this plan, ``authorized agents'' can include: Professional staff from other federal, state, or local agencies or tribes; contractors; or qualified volunteers. For all alternatives the full range of foreseeable environmental consequences was assessed, and appropriate mitigating measures were identified. The Record of Decision includes a statement of the decision made, synopses of other alternatives considered, the basis for the decision, a description of the environmentally preferable alternative, a finding on impairment of park resources and values, a listing of measures to minimize environmental harm, and an overview of public involvement in the decision-making process.