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

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.)

The Bureau of Reclamation is extending the review period for the DEIS to October 31, 2008. The notice of availability of the DEIS was published in the Federal Register on July 25, 2008 (73 FR 43472). The public review period was originally to end on September 23, 2008.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969, as amended, the Department of the Interior and the Central Utah Water Conservancy District, are evaluating the impacts of converting Central Utah Project (CUP) Bonneville Unit water, delivered to the Francis Sub-Area of Summit County, Utah, from irrigation to municipal and industrial (M&I) use. In addition, the area of delivery would be expanded. The water conversion will involve up to 3,000 acre- feet of irrigation water that has historically been delivered to agricultural tracts under Bureau of Reclamation (Reclamation) law and policy. The irrigation water would be converted incrementally to M&I use over a period of up to 25 years. The expanded Francis Sub-Area would be restricted to lands within the Central Utah Water Conservancy District boundary, in the upper Provo River drainage, upstream of Jordanelle Reservoir. The Bonneville Unit of the CUP was authorized to develop a portion of central Utah's water resources. Under the authority of Reclamation Law and the Central Utah Project Completion Act (Pub. L. 102-575), the Secretary of the Interior oversees implementation of the CUP and therefore has authority to convert CUP water from irrigation to M&I use. Current and proposed changes in land use in the Francis Sub-Area of Summit County, Utah, resulted in a request made by governing officials and local water companies to initiate the process for water conversion from irrigation to M&I and to expand the Francis Sub-Area to be eligible for CUP M&I water.

Pursuant to the authority vested in the Director of the Minerals Management Service by the joint bidding provisions of 30 CFR 256.41, each entity within one of the following groups shall be restricted from bidding with any entity in any other of the following groups at Outer Continental Shelf oil and gas lease sales to be held during the bidding period November 1, 2008 through April 30, 2009. The List of Restricted Joint Bidders published in the Federal Register April 22, 2008, and the correction published in the Federal Register on June 27, 2008, covered the period May 1, 2008 through October 31, 2008.

The Bureau of Reclamation (BOR) proposes that 9 withdrawals for the Provo River Project be continued for 20 years. The lands are still needed for the purpose for which they were withdrawn. The lands would remain withdrawn as specified in the orders.