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

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for Poa atropurpurea (San Bernardino bluegrass) and Taraxacum californicum (California taraxacum) under the Endangered Species Act of 1973, as amended (Act). We are also notifying the public that we have received new information concerning portions of three proposed critical habitat units (see ``New Information Received'' section) that may result in the final designation of critical habitat differing from the proposed rule published on August 7, 2007 (72 FR 44232). We also announce the availability of the draft economic analysis (DEA) of the proposed critical habitat designation and announce an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated DEA, the new information we have received, and the amended required determinations section. Comments previously submitted on this rulemaking do not need to be resubmitted. These comments have already been incorporated into the public record and will be fully considered in preparation of the final rule.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we will submit to OMB an information collection request (ICR) to renew approval of the paperwork requirements for ``Industrial Minerals Surveys, (38 USGS forms).'' This notice provides the public an opportunity to comment on the paperwork burden of these forms.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(c), the National Park Service (NPS) announces the availability of a draft General Management Plan/ Environmental Impact Statement/Wilderness Study (GMP/EIS/WS) for Sleeping Bear Dunes National Lakeshore, Michigan.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our June 19, 2007, proposed revision to critical habitat for the San Bernardino kangaroo rat (Dipodomys merriami parvus) under the Endangered Species Act of 1973, as amended (Act). In this document, we also propose to: Increase the size of proposed critical habitat Unit 1 (Santa Ana River Wash), and add two new proposed units: Unit 4 (Cable Creek Wash) and Unit 5 (Bautista Creek). In total, we are adding approximately 1,579 acres (ac) (638 hectares (ha)), which are currently designated as critical habitat for this subspecies, to our proposed revision to critical habitat. We also announce the availability of the draft economic analysis (DEA) of the proposed revision of critical habitat and an amended required determinations section of the proposal. The DEA estimates potential costs attributed to the revised critical habitat designation (incremental costs) to be approximately $71.2 million in present value terms using a 3 percent discount rate over a 23-year period in areas proposed as critical habitat. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the original proposed revision of critical habitat, the additions to revised critical habitat proposed in this document, the associated DEA, and the amended required determinations section. Comments previously submitted on this rulemaking do not need to be resubmitted, as they will be incorporated into the public record and fully considered when preparing our final determination.

This order extends the withdrawal created by Public Land Order No. 6677, for an additional 20-year period. This extension is necessary to continue protection of the United States Air Force Beaver Creek Radio Relay Site in Alaska which would otherwise expire on May 22, 2008.

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Reclamation (Reclamation), the Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS) intend to serve as co-lead agencies in the preparation of a joint EIS/EIR for the Bay Delta Conservation Plan (BDCP). The California Department of Water Resources (DWR) will serve as the lead agency under the California Environmental Quality Act (CEQA). Reclamation will serve as the administrative lead for all actions related to this Federal Register Notice. The BDCP is a conservation plan being prepared to meet the requirements of the Federal Endangered Species Act (FESA), the California Endangered Species Act (CESA), and the State of California's Natural Communities Conservation Planning Act (NCCPA). DWR and State and Federal water contractors intend to apply for FESA and CESA incidental take permits (ITP) for water operations and management activities in the Sacramento-San Joaquin Delta. These incidental take authorizations would allow the incidental take of threatened and endangered species resulting from covered activities and conservation measures that will be identified through the planning process including those associated with water operations of the Federal Central Valley Project (CVP), as operated by Reclamation, the California State Water Project (SWP), as operated by DWR, as well as operations of certain Mirant Delta LLC (Mirant Delta) power plants. Additionally, the BDCP will, if feasible, be used as the basis for FESA compliance by Reclamation, including compliance with Section 7 of FESA in coordination with FWS and NMFS. Ultimately, the BDCP is intended to secure authorizations that would allow projects that restore and protect water supply and reliability, water quality, and ecosystem health to proceed within a stable regulatory framework. On January 24, 2008, FWS and NMFS issued a NOI to conduct public scoping and prepare an EIR/EIS regarding the BDCP for the Sacramento- San Joaquin Delta, California (73 FR 4178). As the BDCP effort has progressed, Reclamation has determined it has a substantive interest in the development and ultimate implementation of the BDCP. Specifically, Reclamation seeks to improve water supply reliability for its Federal water contractors, while meeting its FESA obligations. Environmental constraints, including measures to protect endangered species in the Sacramento-San Joaquin Delta, impair that water supply reliability. The BDCP will recommend actions and conservation measures for implementation to improve both environmental conditions in the Delta and water supply reliability. Reclamation expects the recommended actions and conservation measures to include activities that are within Reclamation's responsibilities. The NOI is, therefore, being reissued to include Reclamation as a co-lead agency, update the status of the BDCP planning process, correct an error in the January 24, 2008, NOI, and to provide notice of scoping meetings. As the Federal lead agencies continue to refine the purpose and need for the project, additional public notices regarding scoping will be issued and additional scoping meetings will be held.

The U.S. Fish and Wildlife Service announces that the Final Comprehensive Conservation Plan (CCP) and Environmental Impact Statement (EIS) is available for Trempealeau National Wildlife Refuge. The Final CCP/EIS was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969. Goals and objectives in the CCP describe how the agency intends to manage the refuge over the next 15 years.

This document makes minor technical changes to regulations that were published in various Federal Register documents and are codified in the Code of Federal Regulations. These changes will correct various citations and typographical errors in 30 CFR parts 250, 270, 281, and 282.

We, the Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for Red River National Wildlife Refuge for public review and comment. In this Draft CCP/EA, we describe the alternative we propose to use to manage this refuge for the 15 years following approval of the Final CCP.

The United States Department of Energy (DOE) has filed application requesting the Secretary of the Interior segregate from the mining laws approximately 1345 acres of public land associated with the proposed withdrawal and transfer of jurisdiction. The proposed withdrawal will protect public health and safety on lands contaminated by previous mining and milling operations. This notice temporarily segregates the lands for up to 2 years from location and entry under the United States mining laws while the withdrawal application is being processed.

The United States Department of Energy (DOE) has filed an application requesting the Secretary of the Interior to segregate from the mining laws approximately 749.08 acres of public land and 2559.13 acres of Federal reserved mineral interests underlying private surface estate from mining associated with a proposed withdrawal and transfer of jurisdiction. The proposed withdrawal will protect public health and safety on lands contaminated by previous mining and milling operations. This notice temporarily segregates the lands for up to 2 years from location and entry under the United States mining laws while the withdrawal application is being processed.

Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA), as amended, Interior and the Mitigation Commission (Joint Lead Agencies), have issued a Final Environmental Impact Statement (FEIS) for the Lower Duchesne River Wetlands Mitigation Project in Duchesne and Uintah Counties, Utah. The FEIS addresses potential impacts related to construction and operation of features proposed for the project and incorporates responses to public comments received on the Draft EIS. The FEIS is intended to satisfy disclosure requirements of NEPA and will serve as the NEPA compliance document for contracts, agreements and permits that would be required for construction and operation of the project.

This notice advises the public that the National Indian Gaming Commission (NIGC) is no longer participating in the preparation of the Environmental Impact Statement (EIS) for the Big Sandy Casino and Resort to be located in Fresno County, CA. The NIGC's federal action that was being evaluated was approval of a management contract between the Big Sandy Rancheria of Mono Indians (Tribe) and QBS, LLC. On October 19, 2007 and at the request of the Tribe, the management contract approval request was deemed withdrawn. As a result, the NIGC no longer has a federal action that requires compliance with NEPA and is therefore no longer participating in the preparation of the EIS for the Big Sandy Casino and Resort.

This notice is published in accordance with Section 9(a)(2) of the Federal Advisory Committee Act of 1972 (Pub. L. 92-463). Following consultation with the General Services Administration, notice is hereby given that the Secretary of the Interior is renewing the charter for the Yakima River Basin Conservation Advisory Group (CAG). The purpose of the CAG is to provide recommendations to the Secretary of the Interior and the State of Washington on the structure and implementation of the Yakima River Basin Water Conservation Program. In consultation with the State, the Yakama Nation, Yakima River basin irrigators, and other interested and related parties, six members are appointed to serve on the CAG. The basin conservation program is structured to provide economic incentives with cooperative Federal, State, and local funding to stimulate the identification and implementation of structural and nonstructural cost-effective water conservation measures in the Yakima River basin. Improvements in the efficiency of water delivery and use will result in improved streamflows for fish and wildlife and improve the reliability of water supplies for irrigation.

We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on the following application to amend an existing permit to conduct certain activities with endangered species.

An application has been filed on March 25, 2008, for the conveyance of the Federally-owned mineral interests in the tract of land described in this notice. Publication of this notice temporarily segregates the mineral interests in the land covered by the application from appropriation under the mining and mineral leasing laws while the application is being processed.

In accordance with the National Environmental Policy Act of 1969 and the Federal Land Policy and Management Act of 1976, the Bureau of Land Management (BLM) has prepared a Proposed Resource Management Plan/Final Environmental Impact Statement (PRMP/FEIS) for the Yuma Field Office.

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Ounalashka Corporation. The lands are in the vicinity of Unalaska, Alaska, and are located in:

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Post-delisting Monitoring Plan for the Western Great Lakes Distinct Population Segment of the Gray Wolf (Canis lupus) (Monitoring Plan). The status of the Distinct Population Segment (DPS) will be monitored over a 5-year period from 2007 through 2012, through annual evaluation of information collected by three states, other partners, and the Service.

We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) for the Willapa National Wildlife Refuge (Refuge) located in Pacific County, Washington. An environmental impact statement (EIS) evaluating effects of various CCP alternatives will also be prepared. We provide this notice in compliance with our CCP policy to advise other government agencies and the public of our intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning and environmental review process. We are also requesting public comments. See DATES and ADDRESSES for details.

This notice announces a meeting of the Aquatic Nuisance Species (ANS) Task Force. The meeting is open to the public. The meeting topics are identified in the SUPPLEMENTARY INFORMATION section.

The Bureau of Indian Affairs (BIA) is seeking comments on the renewal of OMB 1076-0094, Law and Order on Indian Reservations which concerns marriage and dissolution of marriage in a Court of Indian Offenses. This collection will expire in August 2008.

Under the provisions of the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service is preparing an Environmental Impact Statement (EIS) for a General Management Plan (GMP) amendment for Petrified Forest National Park. The park is currently managed under a GMP that was completed in 1993. This plan describes a proposed boundary expansion for the park of approximately 93,000 acres. However, the 1993 GMP does not prescribe management for the proposed addition lands. The GMP was revised in 2004 to address specific aspects of the park's management; this GMP Revision also does not address management activities for proposed addition lands. Public Law 108-430 was passed by Congress and signed by the President in December 2004. This Act expanded Petrified Forest National Park boundaries by approximately 125,000 acres, and directed the NPS to prepare a management plan for the new park lands within three years. Planning for the new lands is the focus of this GMP amendment and associated EIS. The GMP amendment will establish the overall direction for park addition lands, setting broad management goals for the area for the next 15 to 20 years. Among the topics that will be addressed are protection of natural and cultural resources, protection of riparian resources, appropriate range of visitor uses, impacts of visitor uses, adequacy of park infrastructure, visitor access to the park additions area, education and interpretive efforts, and external pressures on the park. Management zones that were established in the current GMP will be applied to addition lands. These zones outline the kinds of resource management activities, visitor activities, and developments that would be appropriate in the addition lands. A range of reasonable alternatives for managing the park, including a no-action alternative and a preferred alternative, will be developed through the planning process and included in the EIS. The EIS will evaluate the potential environmental impacts of the alternatives. As the first phase of the planning and EIS process, the National Park Service is beginning to scope the issues to be addressed in the GMP amendment. All interested persons, organizations, and agencies are encouraged to submit comments and suggestions regarding the issues or concerns the GMP amendment should address, including a suitable range of alternatives and appropriate mitigating measures, and the nature and extent of potential environmental impacts.

Following consultation with the General Services Administration, notice is hereby given that the Secretary of the Interior (Secretary) is renewing the Royalty Policy Committee. The Royalty Policy Committee provides advice related to the Department's management of Federal and Indian mineral leases and revenues, and reports to the Secretary through the Director of the Minerals Management Service. The Royalty Policy Committee also reviews and provides comments on recent management and other mineral-related policies; and provides a forum to convey views representative of mineral leases, operators, revenue payors, revenue recipients, government agencies, and the interested public.

The Bureau of Indian Affairs (BIA) is seeking comments on the information collection: 25 CFR part 243, Reindeer in Alaska. The information collected under this program is related to the Alaska Native reindeer industry and applies to non-natives who own, or want to own reindeer in Alaska. It is used solely to monitor and regulate the possession and use of Alaskan reindeer by non-Natives in Alaska. This collection needs renewal.