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

Christo and Jeanne Claude Over the River Corporation (OTR Corp.) has submitted a written proposal for a land use authorization to construct and display a temporary work of art titled Over the River\TM\, pursuant to Section 302 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732), using noncompetitive permit procedures as provided in regulations at 43 CFR 2920. Interested parties may submit comments to the BLM at the address stated below with respect to: (1) The decision of the BLM regarding the potential availability of the lands described herein, and (2) The decision of the BLM to entertain an application from OTR Corp. for a non-competitive land use permit.

The Bureau of Reclamation is announcing a 62-day extension of the public comment period for the Windy Gap Firming Project Draft Environmental Impact Statement. The originally announced comment period ends on October 28, 2008, but has been extended until December 29, 2008. The original Notice of Availability of the Draft Environmental Impact Statement (Draft EIS) and Announcement of Public Hearings was published in the Federal Register (73 FR 50999) on August 29, 2008.

In accordance with the National Environmental Policy Act of 1969 and the Federal Land Policy and Management Act of 1976, the Bureau of Land Management (BLM) has prepared a Draft Resource Management Plan/ Environmental Impact Statement (RMP/EIS) for the John Day Basin planning area and by this notice is announcing the opening of the comment period.

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

The Bureau of Indian Affairs (BIA) owns, or has an interest in, irrigation projects located on or associated with various Indian reservations throughout the United States. We are required to establish irrigation assessment rates to recover the costs to administer, operate, maintain, and rehabilitate these projects. We request your comments on the proposed rate adjustments.

The MMS is amending its regulations to require lessees, lease operators, and pipeline right-of-way holders to submit a report if a facility or pipeline is damaged by a hurricane or other natural phenomena. The final rule also requires operators to provide assessment information on the structural integrity of Outer Continental Shelf platforms; information on the use of unbonded flexible pipe for pipelines; and additional information when installing pipeline risers on floating platforms. The rule also incorporates an industry-developed standard concerning the in-service inspection of mooring hardware for floating drilling units. These changes will allow MMS to better regulate the safety of the oil and gas infrastructure, and to promptly assess damage resulting from hurricanes or other natural phenomena.

MMS is delaying until December 8, 2008, 60 days from the date of publication, the effective date of a rule that will conform the regulations at 30 CFR parts 203 and 260 to the Federal Court's decision in Santa Fe Snyder Corp. v. Norton, 385 F.3d 884 (5th Cir. 2004). This delay of effective date is necessary to comply with the Congressional review provisions of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801 et seq. (the Congressional Review Act).

The Bureau of Land Management (BLM) has determined that public lands in Tooele County, Utah have been examined and found suitable for classification for conveyance to the City of Wendover, Utah under the provisions of the Recreation and Public Purposes Act, as amended (43 U.S.C. 869).

We invite the public to comment on the following applications to conduct certain activities with endangered species.

In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), the National Park Service, Department of the Interior is issuing public notice of its intent to amend 19 existing Privacy Act system of records notices to add a new routine use to authorize the disclosure of records to individuals involved in responding to a breach of Federal data.

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 lease WYW157568 for land in Fremont 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.

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 lease WYW160085 for land in Natrona 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.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the dusky tree vole (Arborimus longicaudus silvicola) in all of its range as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). The petitioners also requested the Service to list either the north Oregon coast population of the red tree vole (A. longicaudus) as a Distinct Population Segment (DPS) or the red tree vole throughout all of its range because it is threatened or endangered in a significant portion of its range, if we determined that the subspecies, A. l. silvicola, was not a valid taxon. We find that the petition presents substantial scientific or commercial information indicating that listing the dusky tree vole as a subspecies may be warranted. Therefore, with the publication of this notice we are initiating a status review of the species, including the evaluation of the north Oregon coast population of red tree vole and the red tree vole throughout its range, and we will issue a 12-month finding on our determination as to whether the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data and other information regarding this species. We will make a determination on critical habitat for this species if, and when, we initiate a listing action.

The Office of the Assistant Secretary of the Interior for Water and Science has signed the Record of Decision which documents the selection of the Proposed Action as presented in the Final Environmental Impact Statement (FEIS) for the Lower Duchesne River Wetlands Mitigation Project (LDWP), Duchesne and Uintah Counties, Utah, a mitigation component of the Central Utah Project (CUP). The FEIS was prepared in accordance with the National Environmental Policy Act of 1969 (NEPA) and was filed with the Environmental Protection Agency on April 11, 2008. The ROD approves implementation of the project in accordance with statutory and contractual obligations. The Proposed Action fulfills a Central Utah Project need to complete certain environmental mitigation obligations of the Federal government to the Ute Indian Tribe of the Uintah and Ouray Agency, Ft. Duchesne, Utah. These mitigation commitments derive from construction and operation of the Strawberry Aqueduct and Collection System (SACS) of the CUP. The SACS has diverted Ute Indian Tribal water away from the Duchesne River and, thereby, depleted water sources which historically supported wetlands, riparian habitats and associated fish and wildlife resources held in trust by the Federal government for the benefit of the Ute Indian Tribe. The LDWP will replace, restore and enhance these trust resources consistent with long-standing commitments and promises made by the Federal government to the Ute Indian Tribe. The Department of the Interior and the Utah Reclamation Mitigation and Conservation Commission served as Joint Lead Agencies in compliance with NEPA. The Ute Indian Tribe, U.S. Fish and Wildlife Service, Bureau of Indian Affairs, Bureau of Reclamation, Duchesne County and Uintah County served as Cooperating Agencies. The FEIS and ROD satisfy disclosure requirements of NEPA and will serve as NEPA compliance documentation for all contracts, agreements and permits that will be required for construction and operation of the project.

We, the U.S. Fish and Wildlife Service (Service), announce the decision and availability of the record of decision (ROD) for the final environmental impact statement (EIS), comprehensive conservation plan (CCP), and land protection plan (LPP) for the Texas Chenier Plain National Wildlife Refuge Complex (Refuge Complex). We completed a thorough analysis of the environmental, social, and economic considerations and presented it in our final EIS, which we released to the public through a Federal Register notice on June 30, 2008. The ROD documents our decision to adopt and implement Refuge Management Alternative D and Refuge Boundary Expansion Alternative C. Refuge Management Alternative D is adopted as the CCP for the Refuge Complex and will direct the management activities on the Refuge Complex for the next 15 years. Refuge Boundary Expansion Alternative C is adopted as the LPP for the Refuge Complex and authorizes land acquisition from willing sellers within a designated 64,260-acre expansion area.

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. The lands are in the vicinity of Noatak and Selawik, Alaska, and are located in:

Notice is hereby given that effective with this publication, the following NAD 83-based Outer Continental Shelf Official Protraction Diagrams (for Alaska), and NAD 27-based Outer Continental Shelf Official Protraction Diagrams (for the Gulf of Mexico), with revision dates as indicated, are now available. The Minerals Management Service in accordance with its authority and responsibility under Title 43, Code of Federal Regulations, is updating the basic record used for the description of oil and gas, mineral, and alternative energy lease sales in the geographic areas they represent.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Bureau of Reclamation (we, our, or us) intends to submit a request for renewal (with revisions) of an existing approved information collection to the Office of Management and Budget (OMB): Certification Summary Form, Reporting Summary Form for Acreage Limitation, 43 CFR part 426 and 43 CFR part 428, OMB Control Number: 1006-0006. This information collection is required under the Reclamation Reform Act of 1982 (RRA), Acreage Limitation Rules and Regulations, 43 CFR part 426, and Information Requirements for Certain Farm Operations In Excess of 960 Acres and the Eligibility of Certain Formerly Excess Land, 43 CFR part 428. We request your comments on the revised RRA forms and specific aspects of the information collection.

Notice is hereby given that Boston Harbor Islands National Recreation Area Advisory Council will hold a scoping meeting for the public on Wednesday, November 19, 2008, at 4:30 p.m. to 8 p.m. at Marriott's Custom House, 3 McKinley Square, Aruba Room, Boston, MA 02109. The purpose of this meeting is to provide the public and interested agencies and organizations an opportunity to learn about a project to replace the existing pier on Georges Island and provide comments early in the project planning process. The meeting will be held in an open house format and will not include a scheduled presentation. The public is invited to visit at any point in the scheduled time to review the materials and comment. The meeting will be open to the public. Comments regarding potential issues and concerns, alternatives, potential environmental impacts, and mitigation strategies that should be considered during the planning process are welcome. Comments can be provided at the meeting, by mail or online. Persons who wish to mail a written statement or who want further information concerning the meeting may contact Superintendent Bruce Jacobson at (617) 223-8667. To provide comments online, please go to the NPS Planning, Environment, and Public Comment (PEPC) Web site at: https://parkplanning.nps.gov/BOHA and follow the appropriate links to Georges IslandEvaluate and Design Hub Island Pier. Commentators are asked to please note that their entire comment including any personal identifying information, such as addresses, phone numbers, and e-mail addressesmay be made publicly available at any time. While reviewers can ask the NPS in their comment to withhold personal identifying information from public review, the NPS cannot guarantee that it will be able to do so.

The OCS Scientific Committee will meet at the Fairfax Marriott at Fair Oaks in Fairfax, Virginia.

In accordance with section 202 of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), the Council on Environmental Quality's regulations implementing NEPA (40 CFR 1500- 1508), and applicable agency guidance, a Final Programmatic Environmental Impact Statement (PEIS) has been prepared on the leasing of geothermal resources in 11 Western United States (U.S.) and Alaska. The Department of the Interior, Bureau of Land Management (BLM) and the Department of Agriculture, Forest Service (FS) are co-lead agencies for the PEIS. The Department of Energy (DOE) participated as a core team member. The PEIS has been developed, in part, to support the amendment of 122 resource management plans (RMP) covering public lands managed by the BLM under the Federal Land Policy and Management Act of 1976 (FLPMA). In accordance with the Energy Policy Act of 2005 (Pub. L. 109-58, August 8, 2005), the goal of the proposed action is to make geothermal leasing decisions on pending lease applications submitted prior to January 1, 2005, and to facilitate geothermal leasing decisions on other existing and future lease applications and nominations on the Federal mineral estate. The planning area encompasses about 530 million acres of land with the potential for geothermal development in Alaska, Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are announcing the availability of a final environmental impact statement (FEIS). The FEIS analyzes the potential impacts of a rule concerning excess spoil, coal mine waste, and stream buffer zones.

Notice of Filing of Plats of Survey; Alaska.