Department of the Interior July 8, 2008 – Federal Register Recent Federal Regulation Documents
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Balmorhea State Park Management Plan Habitat Conservation Plan, Reeves County, TX
The Texas Parks and Wildlife Department (Applicant) has applied for an incidental take permit (Permit) under Section 10(a)(1)(B) of the Endangered Species Act of 1973 as amended (ESA) for the incidental take of the endangered Comanche Springs pupfish (Cyprinodon elegans) and Pecos gambusia (Gambusia nobilis), as well as the following candidate species: Phantom springsnail (Tryonia cheatumi), diminutive amphipod (Gammarus hyalleloides), and Phantom Lake Cave Snail (Cochliopa texana). The potential take would occur incidental to normal management activities at Balmorhea State Park (Park), Reeves County, Texas.
Outer Continental Shelf (OCS), Alaska OCS Region, Cook Inlet Planning Area, Proposed Oil and Gas Lease Sale 211 for OCS Oil and Gas Leasing Program for 2007-2012
The OCS Oil and Gas Leasing Program for 2007-2012 identifies two potential ``special-interest'' sales for the Cook Inlet Planning Area in Alaska. The Cook Inlet area is a proven oil and gas province, but past industry interest in the federal offshore area has been limited. The amount of oil and gas produced in Cook Inlet continues to decline and with changing economic conditions there is renewed interest in finding additional hydrocarbon resources for the South Central Alaska. This Request for Information (RFI) seeks to determine the level of industry interest, whether it is focused on a few blocks or prospects or if there is industry interest in a larger portion of the planning area. We are also seeking comments from tribal, local, State, and Federal agencies, and the general public to evaluate whether MMS should proceed with further evaluations pursuant to the Outer Continental Shelf Lands Act (OCSLA), the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the Coastal Zone Management Act (CZMA) and all other applicable laws and regulations. We will consider the level of industry interest and other issues and concerns reflected in comments in our determination on how to proceed. The decision to proceed with further evaluation of this special interest sale or to issue another RFI in 2009 will be made after consideration of the comments received and the indication of industry interest in response to this RFI. This RFI does not indicate a preliminary decision to lease in the Program Area.
West Virginia Regulatory Program
We are announcing receipt of a proposed amendment to the West Virginia regulatory program (the West Virginia program) under the Federal Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). West Virginia is submitting a proposed amendment to revise its Code of State Regulations (CSR) and the West Virginia Code, as contained in Committee Substitutes for Senate Bills 373 and 751. The proposed amendment covers a variety of issues including, but not limited to, statutory changes involving the special reclamation tax, the creation of alternative programs for the purpose of paying for the reclamation of forfeited sites including water treatment where required, and incremental bonding. Other provisions include regulatory revisions relating to public notice of permit applications, incidental boundary revisions, permit issuance findings, inspection of certain impoundments, reclamation of natural drainways subsequent to sediment pond removal, storm water runoff analysis, contemporaneous reclamation standards regarding excess spoil fills and bonding of certain types of excess spoil fills, and effluent limits and bond releases on remining operations. In addition, most blasting provisions have been removed from the State's Surface Mining Reclamation Regulations at Title 38 CSR 2 and will now only be found in the State's Surface Mining Blasting Rule at Title 199 CSR 1. On June 16, 2008, OSM published in a separate Federal Register notice, an interim approval of the State's alternative bonding provisions at section 22-3-11 of the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA) that specifically relates to the special reclamation tax and the creation of the Special Reclamation Water Trust Fund. OSM will accept comments on all other provisions of the program amendment pursuant to this proposed rule notice.
Pennsylvania Regulatory Program
We are disapproving two changes to the Pennsylvania regulatory program (the ``Pennsylvania program'') regulations under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) which were previously submitted under amendment PA-147-FOR. While we approved the other proposed changes related to PA-147-FOR, we deferred our decision on two changes pertaining to the discontinuation of a $100 per acre reclamation fee pending the outcome of litigation before the United States Court of Appeals for the Third Circuit in the matter of Pennsylvania Federation of Sportsmen's Clubs Inc. et al. v. Norton, (PFSC v. Norton) No. 06-1780. We now have the U.S. Court of Appeals decision before us. The decision sets aside our October 7, 2003, final rule removing a required amendment pertaining to the Pennsylvania alternative bonding system. Therefore, we are now disapproving the two changes pertaining to the discontinuation of the fee. We are also reinstating a required amendment that has been modified to be consistent with the court's decision.
Wyoming: 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 from Prima Exploration, Inc., Gunlikson Petroleum, Inc., and Niwot Resources, LLC for competitive oil and gas lease WYW143963 for land in Converse 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.
Negotiated Rulemaking Advisory Committee for Off-Road Vehicle Management for Cape Hatteras National Seashore
Notice is hereby given, in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770, 5 U.S.C. App 1, section 10), of the sixth, seventh, eighth and ninth meetings of the Negotiated Rulemaking Advisory Committee for Off-Road Vehicle Management at Cape Hatteras National Seashore. (See DATES section.)
Incidental Take Permit Application for Construction and Operation of Seven Meteorological Towers on Lanai, Hawaii
Castle and Cooke Resorts, LLC (Applicant), has submitted an application to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (permit) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). The Applicant is requesting a permit because incidental take of four species listed under the ESA may occur as a result of construction and operation of seven meteorological towers on the island of Lanai, Hawaii: The endangered Hawaiian petrel (Pterodroma sandwichensis), endangered Hawaiian stilt (Himantopus mexicanus knudseni), endangered Hawaiian hoary bat (Lasiurus cinereus semotus), and the threatened Newell's (Townsend's) shearwater (Puffinus auricularis newelli). Six of the seven towers have already been constructed. If approved, the permit would authorize take, incidental to otherwise lawful activities. The permit application includes a draft Habitat Conservation Plan (HCP) that describes the Applicant's actions and the measures the Applicant will implement to minimize, mitigate, and monitor take of listed species. The Service also announces the availability of a draft Environmental Assessment (EA) that has been prepared in response to the permit application in accordance with requirements of the National Environmental Policy Act (NEPA). We are making the permit application package available for public review and comment.
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the subsurface estate 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 Umnak Island, Alaska, and are located in:
Drafting of U.S. Nominations to the World Heritage List
This notice constitutes the Second Notice referred to in Sec. 73.7(c) of the World Heritage Program regulations (36 CFR Part 73), and sets forth the decision to request that draft World Heritage nominations for Papahanaumokuakea Marine National Monument, Hawaii, and Mount Vernon, Virginia, be prepared. On March 19, 2008, the Department of the Interior requested public comment on whether any properties identified on the U.S. Tentative List should be nominated to the World Heritage List, and in particular whether Papahanaumokuakea Marine National Monument, Hawaii, and Mount Vernon, Virginia, should be nominated. After review of the comments provided by the public and consultation with the Federal Interagency Panel on World Heritage, the Department, in accordance with 36 CFR part 73, has selected Papahanaumokuakea National Monument and Mount Vernon as proposed nominations to the World Heritage List. With the assistance of the Department, the owners of these sites are encouraged to prepare complete nomination documents for the sites in accordance with 36 CFR Part 73 and the nomination format required by the World Heritage Committee. A discussion of the decision and comments received follows.
Federal Land Managers' Air Quality Related Values Work Group (FLAG)
The National Park Service, in cooperation with the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Forest Service, is announcing the availability of, and accepting comments on, the draft FLAG Phase I ReportREVISED. The Federal Land Managers' Air Quality Related Values Work Group (FLAG) was formed (1) to develop a more consistent and objective approach for the Federal Land Managers (FLMs), i.e., National Park Service, U.S. Fish and Wildlife Service, and U.S. Department of Agriculture Forest Service, to evaluate air pollution effects on their air quality related values (AQRVs); and (2) to provide State permitting authorities and potential permit applicants consistency on how to assess the impacts of new and existing sources on AQRVs. The FLAG effort focuses on the effects of the air pollutants that could affect the health and status of resources in areas managed by the three agencies, primarily such pollutants as ozone, particulate matter, nitrogen dioxide, sulfur dioxide, nitrates, and sulfates. FLAG formed subgroups that concentrated on four issues: (1) Terrestrial effects of ozone; (2) aquatic and terrestrial effects of wet and dry pollutant deposition; (3) visibility; and (4) process and policy issues. In December 2000, after undergoing a public review and comment process that included a 90-day public comment period announced in the Federal Register and a public meeting, the FLMs published a final Phase I report (FLAG 2000), along with an accompanying ``Response to Public Comments'' document. FLAG 2000 has been a useful tool to the FLMs, State permitting authorities, and permit applicants. It was intended to be a working document that would be revised as necessary as the FLMs learn more about how to better assess the health and status of AQRVs. Based on knowledge gained and regulatory developments since FLAG 2000, the FLMs believe certain revisions to FLAG 2000 are now appropriate. The draft revised report now available for public review and comment (FLAG 2008) reflects those changes. The most significant changes proposed in the draft FLAG 2008 revision are summarized as follows: Adopts similar criteria derived from EPA's 2005 Best Available Retrofit Technology (BART) guidelines for the Regional Haze Rule to screen out from AQRV review those sources with relatively small amounts of emissions located a large distance from a Class I area (i.e., Q/D
Notice of Realty Action: Recreation and Public Purposes Act Classification of Public Lands in Carbon County, WY
The Bureau of Land Management (BLM) has examined and found suitable for classification for conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 140 acres of public land in Carbon County, Wyoming. The City of Rawlins proposes to continue the use of the land as the Rawlins landfill.
Safe Harbor Agreement for the Northern Spotted Owl for Fred M. van Eck Forest Foundation, Humboldt County, CA
This notice advises the public that the Fred M. van Eck Forest Foundation (Applicant) has applied to the Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to Section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed Safe Harbor Agreement (Agreement) between the Applicant and the Service for the threatened northern spotted owl (Strix occidentalis caruina). The proposed Agreement and permit would remain in effect for 90 years. We request comments from the public on the permit application and an Environmental Action Statement that has been prepared to comply with the National Environmental Policy Act.
Final Supplementary Rules on Public Land in Humboldt, Pershing and Washoe Counties, NV
The Bureau of Land Management (BLM) Winnemucca Field Office, Nevada, and Surprise Field Office, California, are issuing new supplementary rules for the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area (NCA), associated designated wilderness, and other contiguous lands as identified in the 2004 Resource Management Plan (RMP) and Record of Decision. These supplementary rules are needed to protect the area's natural and cultural resources and provide for public health and safety on public lands. These supplementary rules do not propose or implement any land use limitation or restrictions other than those limitations or restrictions included within the decisions in the RMP or allowed for by existing law or regulation.
Endangered and Threatened Wildlife and Plants; Proposed Removal of the Concho Water Snake (Nerodia paucimaculata) From the Federal List of Endangered and Threatened Wildlife; Removal of Federally Designated Critical Habitat
The best available scientific and commercial data indicate that the Concho water snake (Nerodia paucimaculata) has recovered. Therefore, under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service) propose to remove (delist) the Concho water snake (Nerodia paucimaculata) from the Federal List of Endangered and Threatened Wildlife, and accordingly, also remove its federally designated critical habitat. This determination is based on a thorough review of all available information, which indicates that the threats to this species have been eliminated or reduced to the point that the species has recovered and no longer meets the definition of threatened or endangered under the Act. The Concho water snake is a reptile endemic to central Texas. It was listed as threatened on September 3, 1986, due to threats of habitat modification and destruction (51 FR 31412). Through implementation of recovery efforts, the Service has determined that this species has been recovered and no longer meets the definition of threatened or endangered.
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