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

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.), the Bureau of Land Management (BLM) has prepared a Draft Environmental Impact Statement (DEIS) for the South Gillette Area Coal project that contains four Federal Coal Lease By Applications (LBAs), and by this Notice is announcing a public hearing requesting comments on the DEIS, Maximum Economic Recovery (MER), and Fair Market Value (FMV) pursuant to 43 Code of Federal Regulations (CFR) 3425.4.

We, the U.S. Fish and Wildlife Service (Service), are designating final revised critical habitat for the San Bernardino kangaroo rat (Dipodomys merriami parvus) under the Endangered Species Act of 1973, as amended (Act). Approximately 7,779 acres (ac) (3,148 hectares (ha)) of habitat in San Bernardino and Riverside Counties, California, are being designated as critical habitat for the San Bernardino kangaroo rat. This final revised designation constitutes a reduction of approximately 25,516 ac (10,326 ha) from the 2002 designation of critical habitat for the San Bernardino kangaroo rat.

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 in the vicinity of Kivalina and Noatak, Alaska, and are located in:

The Bureau of Land Management (BLM) is proposing new supplementary rules for the Hot Well Dunes (HWD) Recreation Area, public lands managed by the Gila District and Safford Field Office in Graham County, Arizona. The rules relate to the health and safety of public land users and protection of natural resources. These supplementary rules will be enforced by BLM law enforcement rangers within the HWD Recreation Area. Proposed rules address vehicle rider capacity, clinging to or being towed by a vehicle, safety flags, vehicle use, public nudity, firearms, pets, speed limit, camping, waste disposal, and length of stay. All current supplementary rules will be rescinded and replaced by these revised rules for the HWD Recreation Area.

The National Park Service is terminating the preparation of an Environmental Impact Statement (EIS) for the General Management Plan, Lava Beds National Monument, Tulelake, California. A Notice of Intent to prepare an EIS was published in the Federal Register on July 10, 2006. The National Park Service has since determined that an Environmental Assessment (EA) rather than an EIS is the appropriate environmental documentation for the GMP; this determination includes careful consideration of all public and other agencies' comments during the scoping period. The new GMP for Lava Beds National Monument will update long-term guidance for resource management, visitor services and interpretive programming. Background: The planning team originally scoped the GMP update as an EIS, however no concerns or issues expressed during public scoping and preliminary development of the GMP alternatives convey either the potential for controversy or identify potential significant impacts. In summer of 2007, the planning team drafted three ``action'' alternatives for the GMP. These preliminary alternatives explored ways to enhance long-term preservation of park resources and provide new recreational and educational opportunities. The planning team produced a newsletter and comment form to seek public input on the preliminary alternatives in winter of 2008. All feedback consistently affirmed that the planning team provided an appropriate range of future management directions for the monument. Most of the public comments on the preliminary alternatives were supportive of various aspects of the proposed ``action'' concepts and desired conditions. To date, no major concerns or issues have been expressed during public involvement for the GMP that would convey the potential for public controversy. Initial analysis of the alternatives has revealed potential for neither major nor significant effects on the human environment or any potential for impairing park resources and values. Most of the potential impacts from the alternatives are expected to be negligible to moderate in magnitude. Many of the actions proposed in the GMP will have benefits to the monument's ecosystems, cultural landscapes and visitor experiences. For these reasons, the NPS determined the appropriate level of conservation planning and environmental impact analysis for the GMP is an EA.

The public is invited to comment on the following applications to conduct certain activities with marine mammals.

The public is invited to comment on the following applications to conduct certain activities with endangered species and marine mammals.

The public is invited to comment on the following applications to conduct certain activities with endangered species.

In accordance with the Marine Mammal Protection Act of 1972 (MMPA) as amended, notice is hereby given that Letters of Authorization to take Pacific walruses and polar bears incidental to oil and gas industry exploration activities in the Chukchi Sea and adjacent western coast of Alaska have been issued.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, a Final Environmental Impact Statement (Final EIS) has been prepared by the Bureau of Land Management (BLM), Ely Field Office for the White Pine Energy Station (WPES) and is now available. This document evaluates the environmental effects of constructing a coal-fired electric power generating plant (up to 1,600- megawatts) and associated features on public lands in White Pine County, Nevada.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the least chub (Iotichthys phlegethontis) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that listing of the least chub may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species, and we will issue a 12-month finding to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data regarding this species. We will make a determination on critical habitat for this species if, and when, we initiate a listing action.

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 Calista Corporation for lands located in the vicinity of Newtok and Chefornak, Alaska. Notice of the decision will also be published four times in the Anchorage Daily News.

The Bureau of Land Management (BLM) has examined and found suitable for classification and conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 80 acres of public land in Lander County, Nevada. Lander County proposes to use the land for a waste water treatment facility.

The Department of the Interior (Department) is amending its regulations by adding a new part to codify its procedures for implementing the National Environmental Policy Act (NEPA), which are currently located in chapters 1-6 of Part 516 of the Departmental Manual (DM). This rule contains Departmental policies and procedures for compliance with NEPA, Executive Order (E.O.) 11514, E.O. 13352 and the Council on Environmental Quality's (CEQ) regulations (40 CFR Parts 1500-1508). Department officials will use this rule in conjunction with and supplementary to these authorities. The Department believes that codifying the procedures in regulations that are consistent with NEPA and the CEQ regulations will provide greater visibility to that which was previously contained in the DM and enhance cooperative conservation by highlighting opportunities for public engagement and input in the NEPA process. The Department will continue to maintain Department's information and explanatory guidance pertaining to NEPA in the DM and Environmental Statement Memoranda (ESM) to assist bureaus in complying with NEPA. Bureau-specific NEPA procedures remain in 516 DM Chapters 8-15 and bureau guidance in explanatory and informational directives. Maintaining explanatory information in the Department's DM chapters and ESM, and bureau-specific explanatory and informational directives will facilitate timely responses to new ideas, new information, procedural interpretations, training needs, and editorial changes to assist field offices when implementing the NEPA process.

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 Delta Petroleum Corporation for competitive oil and gas leases WAOR61140 and WAOR61142, for lands in Benton County, Washington. The petition was filed on time and was accompanied by all the rentals due since the date the leases terminated under the law.

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 Delta Petroleum Corporation for noncompetitive oil and gas leases WAOR58397, WAOR58398, WAOR58399, and WAOR58400, for lands in Franklin County, Washington. The petition was filed on time and was accompanied by all the rentals due since the date the leases terminated under the law.

The following applicants have applied for permits to conduct certain activities with endangered species.

In accordance with the Marine Mammal Protection Act (MMPA), the Fish and Wildlife Service (Service) has incorporated public comments into a revision of the marine mammal stock assessment report for the northern sea otter (Enhydra lutris kenyoni) stock in Washington State. The 2008 final stock assessment report is now complete and available to the public.

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.), the Bureau of Land Management (BLM) has prepared Draft Monument Management Plan Amendment and Draft Rangeland Health Environmental Impact Statement (DEIS) (hereafter referred to as the `Draft Rangeland Health Amendment') and by this notice is announcing the opening of the comment period.

This proposed rule would remove regulations that provide for emergency withdrawals. These regulations are redundant, since public lands can be protected without substantial delay via conventional withdrawal procedures, without recourse to the regulations providing for emergency withdrawals. Moreover, constitutional issues may arise whenever a Congressional committee directs the Secretary of the Interior (Secretary) to withdraw lands immediately.

The Gates of the Arctic National Park Subsistence Resource Commission (SRC) will meet to develop and continue work on National Park Service (NPS) subsistence hunting program recommendations and other related subsistence management issues. This meeting is open to the public and will have time allocated for public testimony. The public is welcomed to present written or oral comments to the SRC. This meeting will be recorded and meeting minutes will be available upon request from the park superintendent for public inspection approximately six weeks after each meeting. The NPS subsistence resource commission program is authorized under Title VIII, Section 808 of the Alaska National Interest Lands Conservation Act, Public Law 96- 487, to operate in accordance with the provisions of the Federal Advisory Committee Act.

This rule supersedes certain specified sections of the current Minimum Internal Control Standards and replaces them with a new part titled Minimum Internal Control Standards for Class II Gaming. Since the implementation of Minimum Internal Control Standards (MICS), it became obvious that the MICS require technical adjustments and revisions so that they can effectively protect tribal assets, while still allowing tribes to utilize technological advances in the gaming industry. This rule applies only to Class II games.

The National Indian Gaming Commission is withdrawing the proposed Classification standards published in the Federal Register on October 24, 2007. (72 FR 60483.)