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

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 Kokarmuit Corporation. The lands are in the vicinity of Akiak, Alaska, and are located in:

The following applicants have applied for scientific research permits to conduct certain activities with endangered species under the Endangered Species Act of 1973, as amended (Act).

Pursuant to the provisions of 43 CFR 3108.2-3(b)(2), Capital Land Services, Inc. timely filed a petition for reinstatement of oil and gas leases OKNM 117608 and OKNM 117609 for lands in Woodward County, Oklahoma, and was accompanied by all required rentals and royalties accruing from March 1, 2008, the date of termination.

In accordance with the Marine Mammal Protection Act of 1972, as amended (MMPA), and its implementing regulations, we, the U.S. Fish and Wildlife Service (Service), announce that we have revised our stock assessment report (SAR) for the southern sea otter (Enhydra lutris nereis) stock in California State, including incorporation of public comments. We now make our complete final 2008 revised SAR available to the public.

The following permits were issued.

Pursuant to 43 Code of Federal Regulations (CFR) subpart(s) 8341, 8364, and 9268, the Bureau of Land management (BLM) announces the seasonal closure of certain BLM-administered public lands under the jurisdiction of the Pinedale, Wyoming Field Office to all types of motor vehicle use (i.e., snowmobiles, all-terrain vehicles, and any other motorized vehicles including trucks, sport-utility vehicles, cars, motorcycles, etc.) each year during the period of January 1 through April 30. Elk feedground areas will be closed each year to any human presence from November 15 through April 30. This seasonal closure is needed to protect public lands and resources and to minimize stress to wintering elk, moose, pronghorn antelope, and mule deer. This seasonal closure affects public lands located within the Mesa, Ryegrass, Bench Corral, Deer Hills, Calpet, and Miller Mountain winter ranges as well as the Franz, Finnegan, Bench Corral, Scab Creek, Fall Creek, Black Butte, and North Piney elk feedgrounds as more particularly described in the SUPPLEMENTARY INFORMATION section below. Except for travel on highways or county roads, motorized vehicle travel within these areas will only be allowed with written authorization from the Pinedale Field Manager. Personnel of the BLM, Wyoming Game and Fish Department, U.S. Department of Agriculture-APHIS and Forest Service, U.S. Fish & Wildlife Service, and law enforcement personnel are exempt from this closure only when performing official duties. Operators of existing oil and gas facilities may perform maintenance and pumping, as approved, and livestock operators may perform permitted activities.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period and the scheduling of a public hearing on the proposed revised designation of critical habitat for the Alabama sturgeon (Scaphirhyncus suttkusi) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability for public comment of a draft economic analysis (DEA) and an amended required determinations section of the proposal. We also seek comment on our proposal to change the first primary constituent element (PCE) from its original description because we have determined that the original wording failed to indicate that the flow needs of the species are relative to the season of the year. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the revised proposed rule, the associated DEA, and the amended required determinations section. If you submitted comments previously, you do not need to resubmit them because we have already incorporated them into the public record and will fully consider them in preparation of the final rule.

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 K'oyitl'ots'ina, Limited, successor in interest to Hadohdleekaga, Incorporated. The lands are in the vicinity of Hughes, Alaska, and are located in:

We are approving two proposed amendments to the West Virginia regulatory program related to the State's cumulative hydrologic impact assessment (CHIA) process and regarding material damage to the hydrologic balance. The West Virginia Department of Environmental Protection (WVDEP) proposed to delete its existing definition of ``cumulative impact.'' The WVDEP also proposed to amend its regulation outlining CHIA requirements by adding a sentence defining ``material damage to the hydrologic balance outside the permit area.'' We are approving both proposed amendments.

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

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Reclamation (Reclamation) has prepared a combined Final Planning Report and Environmental Impact Statement (Final PR/EIS) on the Yakima River Basin Water Storage Feasibility Study (Storage Study). The cooperating agencies on this study are the Washington Department of Ecology (Ecology), Yakima County, the U.S. Department of the Army: Yakima Training Center and the Seattle District of the U.S. Corps of Engineers, and the U.S. Department of Energy: Office of River Protection. The purpose of the Storage Study is to evaluate alternatives that would create additional water storage for the Yakima River Basin and assess their potential to supply the water needed for ecosystem aquatic habitat, basin-wide agriculture, and municipal demands. The need for the study is based on the existing finite water supply and limited storage capability of the Yakima River Basin in low water years. This finite supply and limited storage capacity do not meet the water supply demands in all years and result in significant adverse impact to the Yakima River Basin's economy, which is agriculture-based, and to the basin's aquatic habitat, specifically, anadromous fisheries. The study seeks to identify means of increasing water storage available, including storage of Columbia River water, for purposes of improving anadromous fish habitat and meeting irrigation and municipal water supply needs.

In compliance with the Paperwork Reduction Act, this notice announces that the Bureau of Indian Affairs is submitting an information collection to the Office of Management and Budget for renewal. The collection concerns Reindeer in Alaska, OMB Control 1076-0047. We are requesting a renewal of clearance and requesting comments on this information collection.

The National Park Service published a proposed rule revising 36 CFR 4.30 in the Federal Register on December 18, 2008, 73 FR 76987, inadvertently leaving out the last two paragraphs. This correction restores that text.

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 Bering Straits Native Corporation for lands located in the vicinity of Council and Elim, Alaska. Notice of the decision will also be published four times in the Nome Nugget.

The Bureau of Land Management (BLM) is soliciting nominations from the public to fill positions on the Carrizo Plain National Monument Advisory Committee. Committee members provide advice and recommendations to the BLM on the management of public lands in the Carrizo Plain National Monument.

The MMS is amending the regulations on distribution and disbursement of royalties, rentals, and bonuses to include the allocation and disbursement of revenues from certain leases on the Gulf of Mexico Outer Continental Shelf in accordance with the provisions of the Gulf of Mexico Energy Security Act of 2006. The regulations set forth the formula and methodology for calculating and allocating revenues to the States of Alabama, Louisiana, Mississippi, and Texas, their eligible political subdivisions, and the Land and Water Conservation Fund from the 181 Area in the Eastern Planning Area and 181 South Area in the Gulf of Mexico. The Secretary of the Interior will begin to disburse these revenues beginning on or before March 31, 2009.

An application has been filed by Randy Lynne Jackson, personal representative of the estate of Donald F. Jackson, deceased, for a Recordable Disclaimer of Interest from the United States for land in Bingham County, Idaho. This notice is intended to inform the public of the pending application.

The Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) to authorize granting rights-of-way (ROWs) for the construction of the White Pine Energy Station and eventual disposal of the site, and for the construction and maintenance of ancillary facilities. All ROWs are located in the Egan Field Office management area in White Pine County, Nevada. The Ely District Manager has signed the ROD, which constitutes the final decision of the BLM.