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

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 Pointe-au-Chien Indian Tribe, c/ o Charles Verdin, P.O. Box 416, Montegut, Louisiana 70377, 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(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 advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the Cowlitz Indian Tribe (Tribe), National Indian Gaming Commission (NIGC), Federal Highway Administration, U.S. Army Corps of Engineers, Washington Department of Transportation, Clark County, Clark County Sheriff's Office, Cowlitz County, City of La Center, City of Vancouver, City of Ridgefield, Port of Ridgefield, City of Woodland and City of Battle Ground as cooperating agencies, intends to file a Final Environmental Impact Statement (FEIS) with the U.S. Environmental Protection Agency for the Tribe's proposed 151.87-acre fee-to-trust transfer, reservation proclamation, and casino-resort project in Clark County, Washington. The proposed action would include approval by the NIGC of a gaming management contract. The FEIS is now available to the public and is part of the administrative process that evaluates tribal applications that seek to have the United States take land into trust pursuant to 25 U.S.C. 465, 25 CFR part 151, and 25 U.S.C. 2719(b)(1)(B).

In Executive Order 13212, Actions to Expedite Energy-Related Projects, the President ordered that executive departments and agencies take appropriate actions ``to expedite projects that will increase the production, transmission, or conservation of energy.'' In addition, Title II, Section 211, of the Energy Policy Act of 2005 (Pub. L. 109- 58) provides that the Secretary of the Interior (the Secretary) should, within 10 years of enactment of the Act, ``* * * seek to have approved non-hydropower renewable energy projects located on the public lands with a generation capacity of at least 10,000 megawatts of electricity.'' DOE and BLM (the Agencies) have identified utility-scale solar energy development as a potentially critical component in meeting these mandates. Utility-scale solar energy projects generate electricity that is distributed to consumers through the electric power transmission grid. The Agencies have determined that specific actions should be taken to further such energy development. The Agencies are considering the development and implementation of agency-specific programs that would establish environmental policies and mitigation strategies (e.g., best management practices and siting criteria) related to solar energy development in six western states (Arizona, California, Colorado, New Mexico, Nevada, and Utah). DOE proposes to develop a solar energy program of environmental policies and mitigation strategies that would apply to the deployment of DOE supported solar energy projects on BLM-administered lands or other Federal, State, tribal, or private lands. The BLM would establish its own environmental policies and mitigation strategies to use when making decisions on whether to issue rights-of-way for utility-scale solar energy development projects on public lands administered by the BLM. The Agencies have determined that a programmatic environmental impact statement (PEIS) under the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.) is appropriate for the establishment of specific agency-wide solar energy programs and additional related policy. The Agencies are issuing this Notice of Intent to inform the public about the proposed actions; announce plans to conduct eight public scoping meetings; invite public participation in the scoping process; and solicit public comments for consideration in establishing the scope and content of the PEIS, alternatives, and environmental issues and impacts. The Agencies will prepare the PEIS in accordance with NEPA; the Council on Environmental Quality regulations (40 CFR Parts 1500-1508); the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701, et seq.) DOE's NEPA regulations, 10 CFR Part 1021; and BLM's planning regulations, 43 CFR Part 1600.

The Department of the Interior is submitting the information collection, titled the Bureau of Indian Education Higher Education Grant Application Form, OMB Control 1076-0101, for reinstatement. The Higher Education Grant Application Form needs to be reinstated because it expired during the renewal process.

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). This notice announces a TAMWG meeting, which is open to the public.

This is a correction to the May 2, 2008 (73 FR 24308), request for comments. This notice is necessary to correct the hour burden for the requirements in Sec. 250.301(a) in the burden table. The information collection request (ICR) concerns the paperwork requirements in the regulations under 30 CFR Part 250, Subpart C, ``Pollution Prevention and Control.''

The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2008-09 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2008-09 duck hunting seasons, requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2009 spring/summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide hunting opportunities for recreation and sustenance; aid Federal, State, and tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.

The Bureau of Land Management Cottonwood Field Office will prepare an environmental impact statement (EIS) consistent with the regulations pertaining to the National Environmental Policy Act (NEPA) and address key components of the National Fire Plan. Under the provisions of Section 102(2)(c) of the NEPA, the BLM announces its intentions to prepare an EIS and solicit public comments regarding issues and resource information for this project. The purpose of the Whiskey South II project is to reduce existing and potential fuel loads to reduce the potential of high-intensity large-scale wildfire, improve the safety and effectiveness of firefighters in fire suppression activities, contribute to the economic and social well being of residents and visitors within proximity to the project area, maintain and improve water quality and fish habitat, and improve wildlife habitat and forage opportunities.

The MMS proposes to amend the regulations on distribution and disbursement of royalties, rentals, and bonuses to include the allocation and disbursement of revenues from certain leases on the Gulf of Mexico Outer Continental Shelf in accordance with the provisions of the Gulf of Mexico Energy Security Act of 2006. The regulations would set forth the formula and methodology for calculating and allocating revenues to the States of Alabama, Louisiana, Mississippi, and Texas and their eligible political subdivisions. This proposed rule seeks to establish and ensure that the process for implementing the Gulf of Mexico Energy Security Act of 2006 provisions and the resulting distribution of revenues is accurate, transparent, and fully complies with our statutory responsibilities.

The Deputy Secretary and the Associate Deputy Secretary made a final agency determination to acquire approximately 13,003.89 acres in trust for the Oneida Indian Nation of New York. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Deputy Secretary by 209 Departmental Manual 2.1 and delegated by the Deputy Secretary to the Associate Deputy Secretary under authority of Section 2 of Reorganization Plan No. 3 of 1950 (64 Stat. 2162), as amended.

The Assistant SecretaryIndian Affairs of the Department of the Interior is providing guidance and direction to Office of Federal Acknowledgment (OFA) staff for managing recurring administrative and technical problems in processing petitions for Federal acknowledgment. This guidance and direction does not amend the acknowledgment regulations at 25 CFR part 83.

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 for the ``North American Breeding Bird Survey.'' This notice also provides the public a second opportunity to comment on the paperwork burden of this collection.

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

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 Draft Environmental Impact Statement (DEIS) to analyze a proposed grant of rights-of-way for groundwater development and utility facilities in Lincoln County, Nevada, and by this notice invites public comments.

The Office of Surface Mining Reclamation and Enforcement (OSM) is reopening the comment period for the proposed Black Mesa Project draft EIS and preferred alternative. Since the close of the extended comment period on the draft EIS on February 6, 2007, the scope of the proposed project has been reduced. The proposed project no longer includes supplying coal to the Mohave Generating Station (MGS). The draft EIS is the same document as previously issued, and comments are solicited on the preferred alternative as described in this notice. Previously submitted comments will be considered in the final EIS and do not need to be resubmitted.

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 Lee Washburn for Noncompetitive oil and gas lease WYW173743 for land in Weston 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.