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

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 Sun Cal Energy, Inc. for competitive oil and gas lease WYW159737 for land in Sublette 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.

The following permit was issued.

In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs is submitting the following collection of information to the Office of Management and Budget (OMB) Office of Information and Regulatory Affairs for approval and renewal: Law and Order on Indian Reservations, which concerns marriage and dissolution of a marriage in a Court of Indian Offenses, OMB Control No. 1076-0094.

This rule prescribes final early-season frameworks from which the States, Puerto Rico, and the Virgin Islands may select season dates, limits, and other options for the 2008-09 migratory bird hunting seasons. Early seasons are those that generally open prior to October 1, and include seasons in Alaska, Hawaii, Puerto Rico, and the Virgin Islands. The effect of this final rule is to facilitate the selection of hunting seasons by the States and Territories to further the annual establishment of the early-season migratory bird hunting regulations.

We are approving, with certain exceptions, a proposed amendment to the Utah regulatory program (the ``Utah program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Utah proposed to revise provisions of the Utah Code Annotated pertaining to small operator assistance and permit applications. Utah intended to revise its program to be consistent with SMCRA and to make editorial changes.

Notice is hereby given in accordance with the Federal Advisory Committee Act that meetings of the Cedar Creek and Belle Grove National Historical Park Advisory Commission will be held to discuss the development of the Park's general management plan. Dates and Locations: September 18, 2008, at the Strasburg Town Hall Council Chambers, 174 East King St., Strasburg, VA; December 18, 2008, at the Middletown Town Hall Council Chambers, 7875 Church St., Middletown, VA; March 19, 2009, at the Warren County Government Center, 220 N. Commerce Ave., Front Royal, VA; and June 18, 2009, at the Strasburg Town Hall. All meetings will convene at 9 a.m. and are open to the public.

The Bureau of Land Management (BLM) amends a procedural regulation pertaining to the issuance of patents for public lands leased on or before November 9, 1988, for solid waste disposal or related purposes. The existing regulation requires the express approval of the Director of the Bureau of Land Management (BLM) before the lessee may receive a patent to such lands. In 1992, when the regulation was promulgated, most of the BLM's employees with the necessary expertise were centralized in the BLM's headquarters in Washington, DC, and express approval by the Director was deemed necessary. This is no longer the case, since employees with the necessary expertise are now located in State Offices of the BLM. Consistent with Department of the Interior policy to delegate responsibility to the lowest appropriate organizational levels, this rule removes the requirement for express approval by the Director. As this administrative final rule amends an internal agency procedure, it is exempt from the usual requirement for notice and an opportunity for public comment, under the Administrative Procedure Act.

Pursuant to Public Law 96-472, the National Earthquake Prediction Evaluation Council (NEPEC) will hold a meeting. The meeting location is the Hilton Palm Springs Resort, 400 East Tahquitz Canyon Way, Palm Springs, California 92262-6605. The Committee is comprised of members from academia and the Federal Government. The Committee shall advise the Director of the U.S. Geological Survey (USGS) on proposed earthquake predictions, on the completeness and scientific validity of the available data related to earthquake predictions, and on related matters as assigned by the Director. The Council will receive a briefing on the Colaboratory for Study of Earthquake Predictability (CSEP), a report on a workshop on Episodic Tremor and Slip held last winter, and short reports and updates on several other topics. The Council will also discuss the potential need to provide advisory reports on short notice if natural observations suggest an increased earthquake risk, and the form and content of such reports. Meetings of the National Earthquake Prediction Evaluation Council are open to the public.

We are announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, the ``Montana program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Montana proposes to clarify ambiguities. This document gives the times and locations that the Montana program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(c) the National Park Service (NPS) announces the availability of a Draft Environmental Impact Statement (DEIS) for the Draft General Management Plan (GMP) for Fort Stanwix National Monument, located in the city of Rome, New York. Consistent with National Park Service rules, regulations, and policies, and the park's mission, the Draft GMP/EIS describes and analyzes two alternatives to guide the management and development of Fort Stanwix National Monument over the next 15 to 20 years. The alternatives incorporate various management prescriptions to ensure protection and enjoyment of the park's resources. The Draft GMP/EIS evaluates potential environmental consequences of implementing the alternatives. Impact topics include cultural and natural resources, visitor experience, park operations, and the socioeconomic environment. NPS regional planning staff and staff at Fort Stanwix NM collaborated in the development of the Draft GMP/EIS. The main issues that the Draft GMP/EIS has focused on have included protection of cultural resources, visitor services, partnership opportunities, carrying capacity, and the lack of a properly defined boundary. Alternative 1: No Action focuses on basically maintaining current management, protection, and interpretive practices and interpreting the siege of Fort Stanwix in the Revolutionary War. Alternative 2: Action Alternative seeks to broaden interpretation of Fort Stanwix in the context of the Northern Frontier, the Mohawk Valley, and American Indian history; forge new partnerships; upgrade exhibits and waysides; expand the interpretive role of the Marinus Willett Center; and develop an 18th-century cultural landscape treatment plan for the site. After public review of the Draft GMP/EIS, the National Park Service will consider public comments, and a Final GMP/EIS will be prepared. The Final GMP/EIS is scheduled for completion in 2008.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period and the scheduling of public hearings on our October 10, 2007, proposed revision to critical habitat for the Peninsular bighorn sheep (Ovis canadensis nelsoni) under the Endangered Species Act of 1973, as amended (Act). In this document, we propose to add approximately 36,240 acres (ac) (14,667 hectares (ha)) to our proposed revision of critical habitat. We also announce the availability of the draft economic analysis (DEA) of the proposed revision to critical habitat and amended required determinations. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed revisions to critical habitat, the associated DEA, and the amended required determinations section. Please do not resend comments that you submitted on the October 10, 2007, proposed rule. We considered those comments in our revisions to the proposed critical habitat that are set forth in this supplemental proposed rule. Comments previously submitted are included in the public record for this rulemaking.

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for Acanthomintha ilicifolia (San Diego thornmint) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 671 acres (ac) (272 hectares (ha)) of land in San Diego County, California, fall within the boundaries of the critical habitat designation.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of the Record of Decision AmendmentSylvan Pass Management for the Winter Use Plans, Final Environmental Impact Statement, Yellowstone and Grand Teton National Parks and the John D. Rockefeller, Jr. Memorial Parkway, Wyoming. On July 16, 2008, the Director, Intermountain Region, approved the Record of Decision AmendmentSylvan Pass Management for the project. On November 20, 2007, a Record of Decision was signed on the Winter Use Plans/Final Environmental Impact Statement for Yellowstone and Grand Teton National Parks and the John D. Rockefeller, Jr. Memorial Parkway. The November 20, 2007, Record of Decision (on page 6) addressed management of Sylvan Pass in Yellowstone National Park, stating:

The Bureau of Reclamation (Reclamation), under the National Environmental Policy Act of 1969, is announcing the opportunity to provide additional comments on the water quality analysis portion of the Draft EIS. The original 60-day comment period for the Draft EIS was scheduled to end on April 26, 2008 but was extended to June 13, 2008. Comments received during this period expressed a concern about the section addressing water quality analysis. In order to address these comments, an additional water quality analysis is being prepared for the Draft EIS. This analysis will augment and reinforce the existing analysis for the Draft EIS. Reclamation will continue to receive comments on the existing water quality portion of the Draft EIS while the additional analysis is performed.

A parcel of public land totaling 40 acres in Lincoln County, Idaho, is being considered for direct sale, under the provisions of the Federal Land Policy Management Act of 1976 (FLPMA), at no less than the appraised fair market value.

This final rule requires that all lessees, operators, permittees, and right-of-way holders pay all fees for processing plans, applications, and permits electronically. This rule will aid industry in payment processing and reduce payment processing errors. This rule will improve MMS processing efficiency and facilitate the correction of industry payment errors. The MMS will not accept checks, money orders, or cashier's checks for payment of fees after the effective date of this final rule. The final rule also adjusts certain cost recovery fees for inflation.

We, the U.S. Fish and Wildlife Service, propose changes in the regulations governing control of depredating or introduced migratory birds. The purple swamphen (Porphyrio porphyrio) is not native to any State, and competes with native species. However, we have proposed to add it to the list of species protected under our Migratory Bird Treaty Act obligations because it does occur naturally in American Samoa. We propose to amend 50 CFR part 21 to allow removal of purple swamphens in the contiguous United States, Hawaii, Alaska, Puerto Rico, and the U.S. Virgin Islands.

In accordance with of the National Environmental Policy Act of 1969 and the Federal Land Policy and Management Act of 1976, the Bureau of Land Management (BLM) and its cooperating agencies, have prepared a Proposed Resource Management Plan/Final Environmental Impact Statement (PRMP/FEIS) for the Pinedale Field Office.

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

Under the provisions of the Paperwork Reduction Act of 1995 and 5 CFR Part 1320, Reporting and Record Keeping Requirements, the National Park Service (NPS) invites public comments on a proposed new collection of information (1024-xxxx).

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.), the Bureau of Land Management (BLM), Elko District Office has prepared a Draft Supplemental Environmental Impact Statement (DSEIS) to expand the Betze Pit at an open pit gold mine in Nevada; and by this Notice is announcing the opening of the comment period.

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) with its cooperating agencies has prepared a Proposed Resource Management Plan/Final Environmental Impact Statement (PRMP/FEIS) for the Kemmerer Field Office planning area.

In accordance with Sec. 102(2)(C) of the National Environmental Policy Act of 1969, as amended (NEPA), the National Park Service is preparing an Environmental Impact Statement for the Herring River Restoration Project, Cape Cod National Seashore, Massachusetts. This restoration project is being developed in partnership with the Town of Wellfleet and the Town of Truro, and in cooperation with Massachusetts Coastal Zone Management, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Administration, and Natural Resources Conservation Service. In addition to satisfying the requirements and intent of the NEPA, this Environmental Impact Statement will also be developed in compliance with the Massachusetts Environmental Policy Act (MEPA) and thus will result in a combined Environmental Impact Statement/Environmental Impact Report (EIS/EIR). The purpose of this project and EIS/EIR is to provide for the restoration of over 1100 acres of salt-marsh and estuarine habitat in the Herring River which has been degraded by diking and drainage since 1909. Restoration is needed to: (1) Re-establish the physical connection between the estuary and Cape Cod Bay for natural material exchange and for access by marine animals including migratory fish; (2) restore aquatic habitat and ecosystem services both within the estuary and in receiving waters of Wellfleet Harbor by reversing the water- quality impacts of 100 years of diking and drainage; (3) replace existing invasive exotic plant species with native salt-marsh species through the reestablishment of natural estuarine salinity; (4) restore ecosystem productivity through the reestablishment of naturally high tidal range; (5) minimize the long-term management and social costs of continued diking in the face of current, and likely accelerating, sea- level rise; and (6) guide a phased, carefully monitored and adaptively managed long-term restoration program. The EIS/EIR will examine a range of feasible alternatives and evaluate potential impacts on natural resources, cultural resources, and the human environment. The public is invited to comment on the purpose, need, objectives, preliminary alternatives, or any other issues associated with the plan. A scoping newsletter has been prepared that details the purpose, need, and issues identified to date. The newsletter is available on-line at https://parkplanning.nps.gov. Select ``Cape Cod NS'' and follow the link to the Herring River Restoration EIS. Paper copies may also be obtained by e-mailing CACO_Herring_River@nps.gov, or from Carrie Phillips, Cape Cod National Seashore, 99 Marconi Site Road, Wellfleet, MA 02667, 508-349-3785.

The Departments of Commerce and the Interior (the Departments) propose to amend their regulations governing watch duty-exemption allocations and watch and jewelry duty-refund benefits for producers in the United States insular possessions (the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands). The proposed rule would amend the regulations by updating the formula that is used to calculate the combined amount of individual and family health and life insurance per year that is creditable towards the duty refund benefit.

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 Toghotthele Corporation. The lands are in the vicinity of Nenana, Alaska, and are located in: