Department of the Interior September 2008 – Federal Register Recent Federal Regulation Documents
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Endangered and Threatened Wildlife and Plants; 5-Year Review
We, the U.S. Fish and Wildlife Service (Service), initiate 5- year reviews of the piping plover (Atlantic Coast, Great Lakes, and Northern Great Plains populations) under the Endangered Species Act of 1973, as amended (Act). We request any new information on these populations that may have a bearing on their classification as endangered or threatened. Based on the results of these 5-year reviews, we will make a finding on whether these populations are properly classified under the Act.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Receipt of Applications for Permit
The public is invited to comment on the following applications to conduct certain activities with endangered species.
Issuance of Permits
The following permits were issued.
California Desert District Advisory Council; Meeting
Notice is hereby given, in accordance with Public Laws 92-463 and 94-579, that the California Desert District Advisory Council to the Bureau of Land Management, U.S. Department of the Interior, will participate in a field tour of BLM-administered public lands on Friday, November 14, 2008 from 8 a.m. to 4 p.m., and meet in formal session on Saturday, November 15 from 8 a.m. to 4 p.m. at the Heritage Inn and Suites, 1050 N. Norma, Ridgecrest, CA. The Council and interested members of the public will depart for the field tour at 8 a.m. from the lobby of the Heritage Inn and Suites. The public is welcome to participate in the tour but should plan on providing their own transportation, lunch, and beverage. A four-wheel drive vehicle is strongly recommended for the field tour. Agenda topics for the formal session on Saturday will include updates by Council members and reports from the BLM District Manager and five field office managers. Additional agenda topics are being developed. Once finalized, the field tour and meeting agendas will be published in a news release prior to the meeting and posted on the BLM California state Web site at https://www.blm.gov/ca/news/rac.html.
Agency Information Collection; Proposed Revisions to a Currently Approved Information Collection; Comment Request
In accordance with the Paperwork Reduction Act of 1995, the Bureau of Reclamation (Reclamation, we) intends to submit a request for renewal (with revisions) of an existing approved information collection to the Office of Management and Budget (OMB): Right-of-Use Application (Form 7-2540), OMB Control Number: 1006-0003. Title 43 CFR part 429 requires that applicants for certain uses of Bureau of Reclamation land apply using Form 7-2540. We request your comments on specific aspects of the revised Right-of-Use Application Form.
National Capital Memorial Advisory Commission; Notice of Public Meeting
Notice is hereby given that a meeting of the National Capital Memorial Advisory Commission (the Commission) will be held on Monday, October 20, at 10 a.m., at the National Building Museum, Room 312, 401 F Street, NW., Washington, DC. If the meeting must be continued, the meeting will resume at this same location on Friday, November 7, 2008, at 1 p.m. The purpose of the meeting will be to discuss currently authorized and proposed memorials in the District of Columbia and its environs. In addition to discussing general matters and conducting routine business, the Commission will review three action items: 1. A request to extend the Martin Luther King, Jr., Memorial Foundation's authority to establish the Martin Luther King, Jr., Memorial in Washington, DC. 2. H.R. 6195, a bill to authorize the Korean War Veterans Association to establish a commemorative work on Federal land in the District of Columbia near the Korean War Veterans Memorial to honor members of the Armed Forces who have served in Korea since July 28, 1953. 3. H.R. 6696, a bill to authorize the American Battle Monuments Commission to establish a memorial in the District of Columbia or its environs to honor members of the Armed Forces who served in World War I. The meeting will be open to the public. Any person may file with the Commission a written statement concerning the matters to be discussed. Persons who wish to file a written statement or testify at the meeting or who want further information concerning the meeting may contact Ms. Nancy Young, Secretary to the Commission.
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 NANA Regional Corporation, Inc., Successor in Interest to Napaaktukmeut Corporation. The lands are in the vicinity of Noatak, Alaska, and are located in:
Announcement of National Geospatial Advisory Committee Meeting
The National Geospatial Advisory Committee (NGAC) will meet on October 15-16, 2008 at the National Conservation Training Center, 698 Conservation Way, Shepherdstown, WV 25443. The meeting will be held in Room 161 Instructional West. The NGAC, which is composed of representatives from governmental, private sector, non-profit, and academic organizations, has been established to advise the Chair of the Federal Geographic Data Committee on management of Federal geospatial programs, the development of the National Spatial Data Infrastructure, and the implementation of Office of Management and Budget (OMB) Circular A-16. Topics to be addressed at the meeting include:
Request for Information and Recommendations on Species Proposals, Resolutions, Decisions, and Agenda Items for Consideration at the Fifteenth Regular Meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; U.S. Approach for the Meeting of the Conference of the Parties
To implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES or the Convention), the Parties to the Convention meet periodically to review what species in international trade should be regulated and other aspects of the implementation of CITES. The fifteenth regular meeting of the Conference of the Parties to CITES (CoP15) is tentatively scheduled to be held in late January 2010 in Doha, Qatar. Therefore, with this notice we are soliciting recommendations for amending Appendices I and II of CITES at CoP15 as well as recommendations for resolutions, decisions, and agenda items for discussion at CoP15. We invite you to provide us with information and recommendations on animal and plant species that should be considered as candidates for U.S. proposals to amend CITES Appendices I and II. Such amendments may concern the addition of species to Appendix I or II, the transfer of species from one Appendix to another, or the removal of species from Appendix II. We also invite you to provide us with information and recommendations on possible resolutions, decisions, and agenda items for discussion at the upcoming meeting. Finally, with this notice we also describe the U.S. approach to preparations for CoP15.
Landmarks Committee of the National Park System Advisory Board Meeting
Notice is hereby given in accordance with the Federal Advisory Committee Act [5 U.S.C. Appendix (1988)], that a meeting of the Landmarks Committee of the National Park System Advisory Board will be held beginning at 1 p.m. on October 28, 2008 at the following location. The meeting will continue beginning at 9 a.m. on October 29.
Jackson Band of Miwuk Indians of the Jackson Rancheria Liquor Control Ordinance
This notice publishes the Jackson Band of Miwuk Indians of the Jackson Rancheria (Tribe) Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Jackson Tribe's tribal land. The tribal land is located on trust land and this Ordinance allows for the possession and sale of alcoholic beverages. This Ordinance will increase the ability of the tribal government to control the distribution and possession of liquor within their tribal land, and at the same time will provide an important source of revenue and strengthening of the tribal government and the delivery of tribal services.
Notice of Invitation-Coal Exploration License Application MTM 98618
Members of the public are hereby invited to participate with Western Energy Company in a program for the exploration of coal deposits owned by the United States of America in lands located in Rosebud County, Montana, encompassing 921.06 acres.
Draft Comprehensive Conservation Plan for Red Rock Lakes National Wildlife Refuge, Lima, MT
We, the U.S. Fish and Wildlife Service (Service) announce that our Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for Red Rock Lakes National Wildlife Refuge is available. This Draft CCP/EA describes how the Service intends to manage this Refuge for the next 15 years.
Notice of Proposed New Information Collection for Donor Certification Form
In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of Conservation, Partnerships & Management Policy announces a proposed public information collection and seeks public comments on the provisions thereof.
Notice of Availability of the Proposed Resource Management Plan and Final Environmental Impact Statement for the Butte Field Office, Montana
In accordance with the National Environmental Policy Act of 1969 (NEPA) and the Federal Land Policy and Management Act of 1976 (FLPMA), the Bureau of Land Management (BLM) has prepared the Proposed Resource Management Plan and Final Environmental Impact Statement (PRMP/Final EIS) for the Butte Field Office, Montana.
Notice of Availability: Record of Decision for the Ely Resource Management Plan/Environmental Impact Statement, Nevada
The Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) for the Approved Resource Management Plan (RMP) for the Ely RMP planning area located in east-central Nevada in Lincoln, White Pine and a portion of Nye counties. The Nevada State Director signed the ROD on August 20, 2008, which constitutes the final decision of the BLM and makes the Approved RMP effective immediately.
Notice of Availability of the Final Environmental Impact Statement for the Proposed “M” Pit Mine Expansion at the Montana Tunnels Mine, Jefferson County, MT
In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and the Federal Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1701 et seq.), a Final Environmental Impact Statement (FEIS) has been prepared for the Montana Tunnels Mine ``M'' Pit Mine Expansion. The mine permit is administered by the Bureau of Land Management's (BLM's) Butte Field Office and the Montana Department of Environmental Quality. Operations on public lands in the permit area are on mining claims located in accordance with the General Mining Law of 1872, as amended (30 U.S.C. 22 et seq.).
Alaska Native Claims Selection
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 NANA Regional Corporation, Inc. The lands are near Kiana, Noorvik, and Selawik, Alaska, and are located in:
Call for Nominations for the Bureau of Land Management's California Desert District Advisory Council
The Bureau of Land Management's California Desert District is soliciting nominations from the public for five members of its District Advisory Council to serve the 2009-2011 three-year term. Council members provide advice and recommendations to BLM on the management of public lands in southern California. Public notice begins with the publication date of this notice. Nominations will be accepted through Saturday, October 30, 2008. The three-year term would begin January 1, 2009. The five positions to be filled include:
Migratory Bird Permits; Revisions to Migratory Bird Import and Export Regulations
We, the U.S. Fish and Wildlife Service, published a document in the Federal Register on August 13, 2008 that revised the regulations governing migratory bird permitting. That document inadvertently used the term ``migratory game birds'' in a way that contradicts the existing definition of that term elsewhere in our regulations. This document corrects the final regulations.
Call for Nominations To Fill Two Vacancies on the Pinedale Anticline Working Group (PAWG)
On June 25, 2008, the Secretary of the Interior renewed the Charter for the PAWG and Task Groups. There are currently two vacancies on the PAWG for which nominations are being solicited: A representative of (1) Sublette County Government, and (2) the oil and gas operators. Section 309 of FLPMA directs the Secretary to select 10 to 15 member citizen-based advisory councils that are consistent with the requirements of the Federal Advisory Committee Act (FACA). Individuals or groups who wish to submit a nomination or are interested in becoming a member of the PAWG should submit the specified information within 30 days of this Notice. Nomination forms may be found at https:// www.blm.gov/wy/st/en/field_offices/Pinedale/pawg.html.
Migratory Bird Hunting; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2008-09 Late Season
This rule prescribes special late-season migratory bird hunting regulations for certain tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands. This rule responds to tribal requests for U.S. Fish and Wildlife Service (hereinafter Service or we) recognition of their authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions.
Information Collection Sent to the Office of Management and Budget (OMB) for Approval; OMB Control Number 1018-0100; North American Wetlands Conservation Act (NAWCA) Grant Programs
We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on September 30, 2008. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.
Migratory Bird Hunting; Final Frameworks for Late-Season Migratory Bird Hunting Regulations
The Fish and Wildlife Service (Service or we) prescribes final late-season frameworks from which States may select season dates, limits, and other options for the 2008-09 migratory bird hunting seasons. These late seasons include most waterfowl seasons, the earliest of which commences on September 27, 2008. The effect of this final rule is to facilitate the States' selection of hunting seasons and to further the annual establishment of the late-season migratory bird hunting regulations.
Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for Certain Migratory Game Birds
This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits for general waterfowl seasons and those early seasons for which States previously deferred selection. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2008-09 season.
Privacy Act of 1974, As Amended; Addition of a New System of Records
In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), the Department of the Interior is issuing public notice of its intent to add a new Department-wide Privacy Act system of records, DOI-02, ``Interior Uniform Relocation Assistance Program Records.''
Public Conduct on Bureau of Reclamation Facilities, Lands, and Waterbodies
This final rule will amend the regulations that govern public access to and conduct on Bureau of Reclamation (Reclamation) facilities, lands, and waterbodies. This action is necessary to clarify rules that are intended to maintain law and order and protect persons and property on Reclamation facilities, lands, and waterbodies. This action will help the public better understand their rights and responsibilities.
Notice of Proposed Withdrawal Extension and Opportunity for Public Meeting; Washington
As required by 43 CFR 2310.3-1, notice is hereby given that on the behalf of the United States Forest Service, the Bureau of Land Management proposes to extend Public Land Order No. 6776 for a 20-year period. This order withdrew approximately 8,950 acres of National Forest System land from surface entry and mining to protect the natural, scenic, and recreational values, and the investment in federal funds in the North Cascades Scenic Highway Zone. The withdrawal created by Public Land Order No. 6776 will expire on April 17, 2010, unless extended. This notice also gives an opportunity to comment on the proposed action and to request a public meeting.
Public Notice: Clarifying the Definition of “Substantial Restoration of Natural Quiet” at Grand Canyon National Park, AZ
On April 9, 2008, the National Park Service (NPS) published a Public Notice of agency policy in the Federal Register with the above title (73 FR 19246-19248), clarifying the NPS definition of substantial restoration of natural quiet at Grand Canyon National Park (GCNP) to distinguish between aircraft noise generated above and below 17,999 feet mean sea level (MSL), and requesting comments on the proposed clarification. Specifically, the NPS proposed the following clarification: (a) Substantial restoration of natural quiet at GCNP will be achieved when the reduction of noise from aircraft operations at or below 17,999 feet MSL results in 50% or more of the park achieving restoration of the natural quiet (i.e., no aircraft audible) for 75% to 100% of the day, each and every day; and (b) The NPS defines the substantial restoration of natural quiet from all aircraft above 17,999 feet MSL to mean that there will be an overall reduction in aviation noise generated above 17,999 feet MSL above the park over time through implementation of measures in accordance with Federal Aviation Administration (FAA) commitments. The NPS also clarified that 50% of the park is a minimum in the restoration goal. The public comment period was open from April 9 to May 9, 2008. The NPS received and analyzed 127 comments in response to the Public Notice. Comments were received from the National Air Transportation Association; environmental groups (e.g., Sierra Club, Audubon Society, and Grand Canyon Trust); air tour operators; and the general public. Comments beyond the scope of this clarification may be considered in the development of the Environmental Impact Statement for Special Flight Rules in the Vicinity of Grand Canyon National Park (EIS).
Notice of Filing of Plats of Survey, Wyoming
The Bureau of Land Management (BLM) has filed the plats of survey of the lands described below in the BLM Wyoming State Office, Cheyenne, Wyoming, on the dates indicated.
Notice of Intent to Prepare an Environmental Impact Statement for the Blackhawk to Heybourne Transmission Line Project, Nevada
The Bureau of Land Management (BLM) Carson City District Office, Carson City, Nevada, intends to prepare an Environmental Impact Statement (EIS) for Sierra Pacific Power Company's Blackhawk to Heybourne Transmission Line Project which will run through Storey, Lyon, Carson City and Douglas counties. This notice announces the beginning of the scoping process and solicits input on the identification of issues.
Notice of Filing of Plats of Survey; Arizona
The plats of survey of the described lands were officially filed in the Arizona State Office, Bureau of Land Management, Phoenix, Arizona, on dates indicated.
Minerals Management: Adjustment of Cost Recovery Fees
This final rule amends the Bureau of Land Management (BLM) mineral resources regulations to update some fees that cover the BLM's cost of processing certain documents relating to its mineral programs and some filing fees for mineral-related documents. These updates include fees for actions such as lease applications, name changes, corporate mergers, and lease consolidations.
Extension of Approved Information Collection, OMB Control Number 1004-0004
In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) requests the Office of Management and Budget (OMB) to extend an existing approval to collect information from those persons who submit Form 2520-1 to apply for a desert-land entry to reclaim, irrigate, and cultivate arid and semiarid public lands in the Western United States. The BLM uses this information to determine if the applicant is eligible to make a desert-land entry under the appropriate land entry laws.
Extension of Approved Information Collection, OMB Approval Number 1004-0153
In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is requesting the Office of Management and Budget (OMB) to extend an existing approval to collect information from persons who seek to acquire the Federally-owned (reserved) mineral interests underlying their surface estate. BLM collects this information to verify that the applicant is the surface owner that overlies the Federally- owned mineral rights and that statutory requirements for their conveyance are met. The regulations under 43 CFR Part 2720 authorize BLM to collect information (no specific form is required) to convey Federally-owned mineral interests to surface owners if certain conditions are met.
Public Land Order No. 7716; Withdrawal of Federal Lands and Transfer of Jurisdiction; California
This order withdraws approximately 472 acres of lands from surface entry and mining, and transfers jurisdiction of the lands to the U.S. Fish and Wildlife Service to be managed as part of the Sacramento River National Wildlife Refuge. The lands will remain open to mineral and geothermal leasing, and mineral material sales.
Notice of Realty Action; Airport Lease, Sitka, Alaska
The State of Alaska, Department of Transportation and Public Facilities (proponent) submitted an application for a 20 year lease for 222 acres to continue and maintain safe operations at the Sitka Rocky Gutierrez Airport in Sitka, AK pursuant to 49 U.S.C. 211; 43 U.S.C. 1701 et seq. and regulations at 43 CFR part 2911.
Eastern States: Filing of Plat of Survey
The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM-Eastern States, Springfield, Virginia, 30 calendar days from the date of publication in the Federal Register.
Alabama Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). At its own initiative, Alabama proposed revisions to its regulations regarding permit fees and civil penalties to improve operational efficiency.
Notice of Extension of Concession Contracts
Pursuant to 36 CFR 51.23, public notice is hereby given that the National Park Service proposes to extend the following expiring concession contract for a period of 1 year or until such time as a new contract is executed, whichever occurs sooner.
Draft Recovery Plan for the Prairie Species of Western Oregon and Southwestern Washington
The U.S. Fish and Wildlife Service announces the availability of the draft Recovery Plan for the Prairie Species of Western Oregon and Southwestern Washington for public review and comment. The listed species addressed in the recovery plan are: Fender's blue butterfly (Icaricia icarioides fenderi), Erigeron decumbens var. decumbens (Willamette daisy), Lomatium bradshawii (Bradshaw's lomatium), Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), Sidalcea nelsoniana (Nelson's checker-mallow) and Castilleja levisecta (golden paintbrush).
Notice of Realty Action: Recreation and Public Purposes Act Lease/Patent of Public Lands in Converse County, WY
The Bureau of Land Management (BLM) has examined and found suitable for lease and conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 15.29 acres of public land in Converse County, Wyoming. Converse County proposes to use the land for a primitive park.
Central Utah Project Completion Act
Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969, as amended, the Central Utah Project Completion Act Office has evaluated the environmental impacts of a proposal to relocate, and restore natural stream sinuosity, and fisheries habitat, in Hobble Creek, a tributary to Utah Lake in Utah County, Utah, to assist recovery of the endangered June sucker fish (Chasmistes liorus). Following a review of issues, with public involvement, the Department has concluded that no significant impacts affecting the quality of the human environment are anticipated to result from this action. Therefore, no Environmental Impact Statement will be prepared. Under the Proposed Action, approximately the last one mile of Hobble Creek, where it enters Utah Lake, will be relocated onto property owned by the State of Utah. The project will improve the hydrology of the stream, open the upper reaches of Hobble Creek to spawning June sucker, which currently exist in Utah Lake. As part of the project, adjacent wetlands and connecting side channels will be constructed on the property to create backwater habitat for survival and rearing of larval stages of June sucker produced in the creek. After construction, the project lands would be managed by the Utah Division of Wildlife Resources for protection of wetlands and conservation of the June sucker. The Utah Transit Authority, State of Utah, and the U.S. Fish and Wildlife Service served as cooperating agencies in completing the environmental evaluations under NEPA. This project is being implemented in cooperation with the June Sucker Recovery Implementation Program (JSRIP).
National Park System Advisory Board; Meeting
Notice is hereby given in accordance with the Federal Advisory Committee Act, 5 U.S.C. Appendix, and Parts 62 and 65 of title 36 of the Code of Federal Regulations, that the National Park System Advisory Board will meet December 2-3, 2008, in Corpus Christi, TX. The agenda will include the review of proposed actions regarding the National Historic Landmarks Program and the National Natural Landmarks Program. Interested parties are encouraged to submit written comments and recommendations that will be presented to the board. Interested parties also may attend the board meeting and upon request may address the board concerning an area's national significance.
Franks Tract, Sacramento-San Joaquin Bay-Delta, CA
Pursuant to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), the Bureau of Reclamation (Reclamation) and the California Department of Water Resources (DWR) intend to prepare an EIS/EIR for the Franks Tract Project. Reclamation is the lead Federal agency under NEPA and DWR is the lead State agency under CEQA for preparation of the EIS/EIR. The Franks Tract Project is designed to address water quality and fish protection issues in the central and southern Sacramento-San Joaquin River Delta (Delta). The project would consist of the construction of barriers around Franks Tract to prevent salinity intrusion and the movement of sensitive fish species into the central and southern Delta.
Notice of Proposed Withdrawal and Transfer of Jurisdiction; Utah
The Department of Energy (DOE) has filed an application requesting the Secretary of the Interior to withdraw approximately 936 acres of land from the United States mining and mineral leasing laws and transfer jurisdiction to the DOE. The land would be used for ancillary facilities at the DOE's Crescent Junction Uranium Mill Tailings Repository in connection with moving the Moab Mill Site uranium mill tailings to the Repository. Except for existing claims, rights, and interests, including oil and gas leases that would be retained by the Secretary of the Interior, full management, jurisdiction, authority, responsibility, and liability for all activities conducted on the land would be vested in the DOE.
Sac & Fox Tribe of the Mississippi in Iowa Liquor Control Code
This notice publishes the Liquor Control Code of the Sac & Fox Tribe of the Mississippi in Iowa. The Code regulates and controls the possession, sale, and consumption of liquor within the tribal lands. The tribal lands are located in Indian Country and this Code allows for possession and sale of alcoholic beverages within their boundaries. This Code will increase the ability of the tribal government to control the tribe's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.
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