Department of the Interior June 11, 2008 – Federal Register Recent Federal Regulation Documents
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Notice of Filing of Plats of Survey; New Mexico
The plats of survey described below are scheduled to be officially filed in the New Mexico State Office, Bureau of Land Management, Santa Fe, New Mexico, thirty (30) calendar days from the date of this publication.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
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 COC68788 from Gunnison Energy Corp., and SG Interests VII, LTD, for lands in Gunnison 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.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
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 COC68789 from Gunnison Energy Corp., and SG Interests VII, LTD, for lands in Gunnison 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.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
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 COC68790 from Gunnison Energy Corp., and SG Interests VII, LTD, for lands in Gunnison 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.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
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 COC68791 from Gunnison Energy Corp., and SG Interests VII, LTD, for lands in Gunnison 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.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease
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 COC68787 from Gunnison Energy Corp., and SG Interests VII, LTD, for lands in Gunnison 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.
Notice of Restriction Order No. ID-410-03, Wallace Forest Conservation Area; Idaho
This restriction order prohibits overnight camping by any person or groups of persons within the Wallace Forest Conservation Area described as all public lands administered by the Bureau of Land Management (BLM) located in Boise Meridian.
Filing of Plats of Survey: Oregon/Washington
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 March 21, 2008.
Alaska Native Claims Selection
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 Dot Lake Native Corporation. The lands are in the vicinity of Dot Lake, Alaska, and are located in:
Construction of Two Single-Family Homes in Volusia County, FL
We, the Fish and Wildlife Service (Service), announce the availability of two Incidental Take Permit (ITP) Applications and Habitat Conservation Plans (HCPs). Today Homes Development, Inc. (applicant) requests two ITPs for a 1-year duration under the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking approximately 0.38 acre of Florida scrub-jay (Alphelocoma coerulescens)-occupied habitat incidental to construction of two single family homes in Volusia County, Florida (projects). The applicant's HCPs describe the mitigation and minimization measures the applicant proposes to address the effects of the projects to the scrub- jay.
Coastal Wetlands Restoration at Prisoners Harbor, Santa Cruz Island, Channel Islands National Park, Santa Barbara County, CA; Notice of Intent to Prepare an Environmental Impact Statement
The National Park Service, in accordance with the provisions of the National Environmental Policy Act (42 U.S.C. 4321 et seq. ), will prepare an Environmental Impact Statement (EIS) to consider suitable means for restoration of a wetland and stream corridor at Prisoners Harbor and lower Canada del Puerto drainage on Santa Cruz Island, Santa Barbara County, California. The Prisoners Harbor area is part of Channel Islands National Park managed by the National Park Service (NPS). The EIS will analyze alternatives for ecological restoration of the wetland and lower stream corridor, ensuring public access, and protecting cultural and historical resources. Background: Channel Islands National Park is headquartered in Ventura, California. Congress established the park ``[i]n order to protect the nationally significant natural, scenic, wildlife, marine, ecological, archeological, cultural, and scientific values of the Channel Islands'' (Pub. L. 96-199). The park proposes to restore a functional, self-sustaining ecosystem at a former 9-acre backbarrier coastal wetland site known as Prisoners Harbor and an associated 40- acre stream corridor in the lower Canada del Puerto watershed on Santa Cruz Island. The proposed wetland restoration site includes what was once the largest backbarrier coastal wetland on the Channel Islands. The wetland and stream corridor have been extensively modified over the past 150 years by filling of wetlands, intentional planting and accidental introduction of non-native vegetation such as stone pines, eucalyptus, and kikuyu grass in the area, and construction of a levee, buildings, corral, and unsurfaced roads. These modifications to the creek and floodplain have altered channel hydraulics, resulting in reduced ecosystem function, and contributed to the estimated 95% decline of California's wetlands statewide. The loss of natural wetland and riparian ecosystems in the Prisoners Harbor area has resulted in locally diminished habitat for federally listed Santa Cruz Island barberry, Santa Cruz Island silver lotus, Santa Cruz Island gooseberry, endemic Santa Cruz Island scrub jay, Santa Cruz Island deer mouse, the rare Channel Islands slender salamander, western harvest mouse, loggerhead shrike, other passerine birds, and migratory waterfowl. Proliferation of non-native eucalyptus trees in the riparian corridor has severely reduced plant and wildlife- diversity and negatively affected habitat for species of special concern and passerine birds. Preliminary Alternatives and Environmental Issues: The park proposes to restore wetland and riparian ecosystem function by removing fill from the historic wetland, reconnecting the Canada del Puerto stream with its floodplain, removing non-native eucalyptus and other vegetation in the lower drainage, and recreating habitat for special status species (both flora and fauna), passerine birds, and migratory waterfowl. Additionally the project proposes to protect significant cultural resources, and provide for an enhanced visitor experience. A successful project would meet the following goals: Restore functional wetland and riparian ecosystems and reduce the impact of non-native species on local biological diversity. Consistent with restoring functional ecosystems, recreate and maintain habitat adequate to support populations of special status species, passerine birds, and migratory waterfowl. Develop a restoration design that identifies and, to the extent possible, mitigates factors that reduce the site's full restoration potential. Protect archaeological resources from erosion during both normal and flood conditions. Provide access to the Central Valley inland from the affected area, NPS property east of Prisoners Harbor, and Nature Conservancy inholdings on NPS property upstream from the area of potential effect. Reduce risk of exposure to flooding that could damage the roadway and historic buildings. Provide visitor access and resource interpretation that are compatible with protection of resources. Enhance visitor knowledge and understanding of the prehistory, recent human history, and natural history of the Prisoners Harbor area. Channel Islands National Park seeks public input to assist with identifying issues and developing a suitable range of alternatives for restoration of the lower Canada del Puerto watershed and Prisoners Harbor wetlands area. Restoration methods could include topographic alterations aimed at recovering natural hydrologic and ecological processes. These potential alterations could change the current hydrologic regime within the proposed project area, leading to either resumption of seasonal flooding of a fully restored wetland/floodplain or limited flooding of a partially restored wetland/floodplain. A ``no- action'' alternative, entailing no changes in current hydrologic regime, will also be assessed. An archeological site and some historic structures are located within the area of potential effect. Any restoration actions undertaken would be designed to ensure flood risks to the archeological site and historic resources will not be aggravated beyond current conditions and that influence of non-native species, including eucalyptus, on a restored ecosystem dominated by native species is reduced. As part of the effort to develop preliminary alternatives, the NPS will explore options for improved public access and enhacing educational opportunities consistent with ecosystem restoration. Preliminary public outreach was initiated by the park in 2007. Concern was expressed about the possibility of removing cattle corrals constructed on filled coastal wetland. The corrals were built in the 1950's as part of rancher Carrie Stanton's conversion to a cattle operation. The corrals are considered a ``small scale feature'' in the 2004 Cultural Landscape Inventory and deemed to be a contributing element to the eligibility of the Santa Cruz Island Ranching District to the National Register of Historic Places. The park has acknowledged this concern and will work with the State Historic Preservation Office in developing mitigation measures common to all alternatives or safeguards specific to a particular alternative if necessary. Other issues or concerns known at this time include potential effects upon: Threatened and endangered species protected under the federal and state Endangered Species Acts, floodplain and stream corridor, native flora and fauna; historic and archeological resources, land use, and opportunities for and constraints on public use. Public Scoping and Comment Process: Notice is hereby given that the final public scoping phase is underway, with the express purpose of eliciting additional public comment regarding a suitable range of alternatives, the nature and extent of potential environmental impacts and benefits, and appropriate mitigation strategies that should be addressed in the forthcoming conservation planning and environmental impact analysis process. For those who have commented previously, it is not necessary to re-submit comments. Federal, state, and local agencies, Tribes, and interested organizations are also encouraged to participate in the scoping process. Whether California state or local involvement in the environmental impact analysis process is necessary is yet to be determined. If an environmental clearance document is required under the California Environmental Quality Act (CEQA), the NPS will coordinate the NEPA/CEQA process with the designated state agency (or agencies). A timely opportunity to learn more about the proposed restoration and provide information is a public meeting to be held during summer 2008. Information expected to be provided at the public meeting includes the history of the Prisoners Harbor/Canada del Puerto area, purpose and need for the proposed restoration, opportunities and constraints in developing the restoration design, potential alternative courses of action with regards to restoration, potential effects of these courses of action, and appropriate strategies for mitigation and monitoring. All interested individuals, organizations, and agencies are encouraged to provide comments or suggestions. For those persons unable to attend the meeting, information about the project will be available at https://parkplanning.nps.gov or by contacting the park as noted below. All written scoping comments must be postmarked or transmitted not later than 45 days following publication of this notice in the Federal Register (immediately upon publication of this notice, the confirmed deadline for comments to be submitted will be posted on the park Web site). 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 from public review, we cannot guarantee that we will be able to do so. To provide comments or information pertinent to the proposal, inquire about the public meeting, or to request a printed copy of the scoping document, please contact Paula Power, Channel Islands National Park, Attn: Prisoners Harbor Coastal Wetland Restoration Project, 1901 Spinnaker Drive, Ventura, CA 93001, telephone (805) 658-5784; FAX (805) 658-5799; e-mail paulapower@nps.gov). Duplicate informational updates will be regularly posted on the park Web site https://www.nps.gov/chis/home_mngmntdocs.htm and also at https://parkplanning.nps.gov. Decision Process: At this time, the draft EIS is expected to be available for public review in early 2009; following due consideration of all public and agency comments, it is expected that the final environmental document will be completed in late 2009. As a delegated EIS, the official responsible for the final decision is the Regional Director, Pacific West Region. Subsequently the Superintendent, Channel Islands National Park, would be responsible for implementing the approved restoration and management actions.
Plan of Operations for Reclamation of the Rafferty Fee Lease-Well No. 1 Site, Big Thicket National Preserve, Texas
Notice is hereby given, in accordance with Section 9.52(b) of Title 36 of the Code of Federal Regulations, Part 9, Subpart B, of a Plan of Operations submitted by Buford Curtis, Inc., for reclamation of the Rafferty Fee LeaseWell No. 1 site, Hardin County, Texas.
Marine Mammals; Incidental Take During Specified Activities
The Fish and Wildlife Service (Service or we) has developed regulations that authorize the nonlethal, incidental, unintentional take of small numbers of Pacific walruses (Odobenus rosmarus divergens) and polar bears (Ursus maritimus) during oil and gas industry (Industry) exploration activities in the Chukchi Sea and adjacent western coast of Alaska. This rule will be effective for 5 years from date of issuance. We find that the total expected takings of Pacific walruses (walruses) and polar bears during Industry exploration activities will impact small numbers of animals, will have a negligible impact on these species, and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. The regulations include: permissible methods of nonlethal taking; measures to ensure that Industry activities will have the least practicable adverse impact on the species and their habitat, and on the availability of these species for subsistence uses; and requirements for monitoring and reporting. The Service will issue Letters of Authorization (LOAs) to conduct activities under the provisions of these regulations.
Off-Road Vehicle Management Plan (ORV Management Plan), Environmental Impact Statement (EIS), Lake Meredith National Recreation Area, Texas
Pursuant to the National Environmental Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service is preparing an Environmental Impact Statement for an Off-Road Vehicle Management Plan (ORV Management Plan) for Lake Meredith National Recreation Area, Texas. This effort will result in an ORV Management Plan/EIS that will be used to guide the management and control of ORVs at the Recreation Area for approximately the next 15 to 20 years. It will also form the basis for a special regulation that will regulate ORV use at the Recreation Area. The ORV Management Plan/EIS will assess potential environmental impacts associated with a range of reasonable alternatives for managing ORV impacts on park resources such as soils, wetlands, wildlife, cultural resources, visitor experience, and public safety. Lake Meredith Recreation Area was established in 1964 for the administration of public recreational facilities at the Sanford Reservoir area, Canadian River project, Texas. In 1990 Congress designated Lake Meredith a National Recreation Area to ``provide for public outdoor recreation use and enjoyment of the lands and waters associated with Lake Meredith in the State of Texas, and to protect the scenic, scientific, cultural, and other values contributing to the public enjoyment of such lands and waters,'' (Pub. L. 101-628, 16 U.S.C. 46Oeee, November 28, 1990). Lake Meredith offers many recreational uses including boating, swimming, fishing, hunting and ORV use. Lake Meredith currently has two areas designated as ORV areas, Rosita (~1,740 acres) and Blue Creek (~275 acres). These areas were designated by special regulation, 36 CFR 7.57. Both areas were utilized by the local community for recreational use prior to the establishment of the Sanford Reservoir Project in 1965. Executive Order 11644, issued in 1972 and amended by Executive Order 11989 in 1977, states that Federal agencies allowing ORV use must designate the specific areas and trails on public lands on which the use of ORVs may be permitted, and areas in which the use of ORVs may not be permitted. Agency regulations to authorize ORV use provide that designation of such areas and trails will be based upon the protection of the resources of the public lands, promotion of the safety of all users of those lands, and minimization of conflicts among the various uses of those lands. Executive Order 11644 was issued in response to the widespread and rapidly increasing use of ORVs on the public lands ``often for legitimate purposes but also in frequent conflict with wise land and resource management practices, environmental values, and other types of recreational activity.'' Code of Federal Regulations (CFR) 36 Sec. 4.10 requires that ``Routes and areas designated for off-road motor vehicle use shall be promulgated as special regulations.'' ``In addition, such routes and areas may only be designated in national recreation areas, national seashores, national lakeshores and national preserves.'' Therefore, in accordance with the Executive Order, the purpose of this plan/EIS is to manage ORV use in compliance with the Recreation Area's enabling legislation, NPS management policies, and other laws and regulations to ensure protection of the natural, cultural, and recreational values of the Recreation Area's environment for present and future generations. An ORV Management Plan is needed to address the inconsistent management of ORV use over time, address the impacts to both cultural and natural resources, and address ORV use outside of the authorized areas. Specifically, an ORV Management Plan is needed to: (1) Comply with Executive Orders 11644 and 11989 respecting ORV use, and with NPS laws, regulations (36 CFR 4.10), and policies to minimize impacts to Recreation Area resources and values; (2) Provide for sustainable recreational ORV use areas; (3) Address the lack of an approved plan, which has led to ORV use outside of authorized areas; (4) Address resource impacts resulting from ORV use; and (5) Address the change in numbers, power, range and capabilities of ORVs. The ORV Management Plan/DEIS will cover all lands administered by the NPS at the Recreation Area. Through internal scoping efforts, several draft objectives were outlined for the EIS: Visitor Use and Safety: Manage ORV use to minimize conflicts among different ORV users; promote safe operation of ORVs and safety of all visitors. Management: Build stewardship through public awareness and understanding of NPS resource management and visitor use policy and responsibilities as they pertain to the recreation area and ORV management; develop a monitoring plan that allows the park to establish the number of ORVs the park is able to support. Park Operations: Identify needs and costs necessary to implement an ORV plan; minimize impacts to park operations and costs necessary to implement an ORV plan. Natural Resources: Minimize adverse impacts to threatened, endangered, and other protected species and their habitats; define effective strategies for soil erosion control and restoration of plant resources to support wildlife populations. Cultural Resources: Preserve and protect significant cultural resources within the recreation area; work with interested parties to identify cultural resources that could be adversely affected by ORV use. The draft and final ORV Management Plan/EIS will be made available to all known interested parties and appropriate agencies. Full public participation by Federal, State, and local agencies as well as other concerned organizations and private citizens is invited throughout the preparation process of this document.
Notice of Intent To Prepare an Environmental Impact Statement; Poplar Point Redevelopment Project and Proposed National Park Service and U.S. Park Police Facilities Relocation
Pursuant to the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., the National Park Service (NPS) with the District of Columbia government (District), acting as joint lead agencies, will prepare an Environmental Impact Statement (EIS) to aid their decision-making under Title III of the Federal and District of Columbia Government Real Property Act of 2006, Pub. L. 109-396, 120 Stat. 2711 (2006) (D.C. Lands Act). During this NEPA process, the NPS and the District will be complying with applicable laws and regulations, including Section 106 of the National Historic Preservation Act, and those pertaining to activities within floodplains. Other Federal and District agencies may serve as cooperating agencies and they are invited to contact the NPS and the District. Scoping commences with this notice. Written comments on the scope of issues to be addressed in the EIS are requested, and a public meeting has been scheduled.
General Management Plan, Record of Decision, Saguaro National Park, Arizona
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 (ROD) for the General Management Plan, Saguaro National Park, Arizona. On April 2, 2008, the Regional Director, Intermountain Region approved the Record of Decision. As soon as practicable after March 31, 2008, on which the 30-day waiting period ends, the National Park Service will start implementing the selected action as in the FEIS issued on February 29, 2008, the date the FETS was published in the Environmental Protection Agency's Federal Register notice (Volume 73, Number 41, Page 11112). The ROD explains that alternative 2 is the selected action over no-action and the other action alternative. To reduce habitat fragmentation, the selected action emphasizes ecological processes and biological diversity by creating and preserving wildlife movement corridors among isolated habitats, while still providing a range of visitor opportunities. The selected action includes a parkwide management zone for the preservation of cultural resources. The no-action alternative would mean no change from existing conditions. The other action alternative would mean some but less emphasis on wildlife movement corridors among isolated habitats to address habitat fragmentation, and more visitor opportunities. The selected action calls for road, trail, and visitor center improvements as well as monitoring for certain natural and cultural resources and vehicular traffic patterns for preservation and safety, respectively. The Record of Decision includes a statement of the decision made, synopses of the other alternatives considered, the basis for the decision, a description of the environmentally preferable alternative, and findings of no unacceptable impacts and no impairment to park resources and values. There is a listing of measures to minimize environmental harm, and an overview of public involvement in the decision-making process.
2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations (Additions)
The Fish and Wildlife Service proposes to add one refuge to the list of areas open for hunting and/or sport fishing programs and increase the activities available at six other refuges for the 2008- 2009 season.
2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations
The Fish and Wildlife Service adds one refuge to the list of areas open for sport fishing. We also amend certain regulations on other refuges that pertain to migratory game bird hunting, upland game hunting, big game hunting, and sport fishing for the 2008-2009 season.
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