Department of the Interior 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), together with the California Public Utilities Commission (CPUC), in compliance with the California Environmental Quality Act (CEQA, Pub. Res. Code Sec. 21000 et seq.), has prepared a Recirculated Draft EIR/Supplemental Draft EIS (RDEIR/SDEIS) to augment the analysis for the Sunrise Powerlink Project proposed by San Diego Gas & Electric Company (SDG&E).

This notice advises the public that the public comment period has been extended for the NOAA, FWS, and the State of Hawaii's Department of Land and Natural Resources (DLNR), and Office of Hawaiian Affairs' Draft Monument Management Plan (MMP) and associated environmental assessment (EA) for the Papahanaumokuakea Marine National Monument (Monument). See SUPPLEMENTARY INFORMATION for details.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Alaska Resource Advisory Council will meet as indicated below.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a Draft Comprehensive Conservation Plan/Environmental Impact Statement (CCP/EIS) for the Desert National Wildlife Refuge Complex for public review and comment. The Desert National Wildlife Refuge Complex is composed of Ash Meadows National Wildlife Refuge, Desert National Wildlife Refuge, Moapa Valley National Wildlife Refuge and Pahranagat National Wildlife Refuge. The CCP/EIS, prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, describes how the Service will manage the Refuges for the next 15 years. Draft compatibility determinations for several existing and proposed public uses are also available for review and public comment with the Draft CCP/EIS.

Under the provisions of the Paperwork Reduction Act of 1995 and 5 CFR part 1320, the National Park Service (NPS) invites public comments on an extension of a currently approved collection of information (OMB 1024-0126).

This notice announces that the Bureau of Indian Affairs is extending the date of issuance of the Record of Decision and reopening the comment period originally announced on May 30, 2008 (73 FR 31143) for the Final Environmental Impact Statement (FEIS) for the Cowlitz Indian Tribe's Proposed 151.87-acre fee-to-trust transfer, reservation proclamation, and casino-resort project, in Clark County, Washington.

On June 19, 2008, the U.S. Fish and Wildlife Service (the Service) and the Confederated Salish and Kootenai Tribes (CSKT) (collectively the Parties) signed an annual funding agreement (AFA) under the Tribal Self-Governance Act of 1994. The Tribal Self- Governance Act provides for the Secretary of the Interior (the Secretary) to negotiate and enter into an AFA with a tribe participating in Self-Governance, authorizing the tribe to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof (Activities), administered by the Secretary, which are of special geographic, historical, or cultural significance to that tribe. This includes such Activities within the National Wildlife Refuge System (NWRS). Under the AFA, the CSKT will function in partnership with the Service and will be directly involved with our management mission at the National Bison Range Complex (NBRC). CSKT will perform a variety of Activities at the NBRC, including operational responsibility for mission-critical Activities such as the biology, maintenance, visitor services, and fire programs. The NBRC will remain a unit of the NWRS and will continue to be administered and managed by the Service in accordance with the NWRS Administration Act (16 U.S.C. 668dd-ee, as amended), and all other applicable Federal laws, regulations, and policies. On June 19, 2008, the AFA was signed by the Tribal Chairman and the Director of the Service, and endorsed by the following senior Department of the Interior management officials: The Secretary of the Interior, Deputy Secretary of the Interior, Assistant Secretary for Fish and Wildlife and Parks, and Acting Director, Office of Economic Development, on behalf of the Office of the Acting Assistant SecretaryIndian Affairs. Copies of the AFA have been forwarded to the U.S. Congress for a 90-day review period, pursuant to the implementing regulations at 25 CFR 1000.177-178.

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 Yates Petroleum Corporation, ABO Petroleum Corporation, MYCO Industries, Inc., and Yates Drilling Company for Competitive oil and gas lease WYW157574 for land in Sweetwater 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 Department of the Interior, through the National Park Service and the Fish and Wildlife Service, announces the re-opening of the comment period on the proposed rule concerning the possession and transportation of firearms in national park areas and national wildlife refuges. The proposed rule was published in the Federal Register on April 30, 2008 (73 FR 23388).

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR part 220. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. The previous title of this ICR was ``30 CFR Part 220Accounting Procedures for Determining Net Profit Share Payment for Outer Continental Shelf Oil and Gas Leases, Sec. 220.010 NPSL capital account, Sec. 220.030 Maintenance of records, Sec. 220.031 Reporting and payment requirements, Sec. 220.032 Inventories, and Sec. 220.033 Audits.'' The new title of this ICR is ``30 CFR Part 220, OCS Net Profit Share Payment Reporting.'' There are no forms associated with this information collection.

The MMS is proposing regulations that would establish a program to grant leases, easements, and rights-of-way (ROW) for alternative energy project activities on the Outer Continental Shelf (OCS) as well as for certain previously unauthorized activities that involve the alternate use of existing facilities located on the OCS; and would establish the methods for sharing revenues generated by this program with nearby coastal States. These regulations are also intended to ensure the orderly, safe, and environmentally responsible development of alternative energy sources on the OCS. The MMS is developing this program and proposed regulations under the authority granted the Secretary of the Interior (Secretary) by the Energy Policy Act of 2005 (EPAct), which amended the Outer Continental Shelf Lands Act (OCS Lands Act). Under this new authority, the Secretary maintains discretionary authority to issue leases, easements or ROWs on the OCS for previously unauthorized activities that: Produce or support production, transportation, or transmission of energy from sources other than oil and gas; or use, for energy-related or other authorized marine-related purposes, facilities currently or previously used for activities authorized under the OCS Lands Act. The MMS has prepared a Draft Environmental Assessment (EA) analyzing this proposed rule. The Draft EA incorporates by reference the Programmatic Environmental Impact Statement (EIS) Programmatic Environmental Impact Statement for Alternative Energy Development and Production and Alternate Use of Facilities on the Outer Continental Shelf, Final Environmental Impact Statement, October 2007. This Draft EA was prepared to assess any impacts of this proposed rule. We are furnishing this notification to allow other agencies and the public an opportunity to review and comment on the Draft EA. All comments received on this proposed rulemaking and the Draft EA will become part of the public record and will be available for review.

The OCS Oil and Gas Leasing Program for 2007-2012 identifies two potential ``special-interest'' sales for the Cook Inlet Planning Area in Alaska. The Cook Inlet area is a proven oil and gas province, but past industry interest in the federal offshore area has been limited. The amount of oil and gas produced in Cook Inlet continues to decline and with changing economic conditions there is renewed interest in finding additional hydrocarbon resources for the South Central Alaska. This Request for Information (RFI) seeks to determine the level of industry interest, whether it is focused on a few blocks or prospects or if there is industry interest in a larger portion of the planning area. We are also seeking comments from tribal, local, State, and Federal agencies, and the general public to evaluate whether MMS should proceed with further evaluations pursuant to the Outer Continental Shelf Lands Act (OCSLA), the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the Coastal Zone Management Act (CZMA) and all other applicable laws and regulations. We will consider the level of industry interest and other issues and concerns reflected in comments in our determination on how to proceed. The decision to proceed with further evaluation of this special interest sale or to issue another RFI in 2009 will be made after consideration of the comments received and the indication of industry interest in response to this RFI. This RFI does not indicate a preliminary decision to lease in the Program Area.

We are disapproving two changes to the Pennsylvania regulatory program (the ``Pennsylvania program'') regulations under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) which were previously submitted under amendment PA-147-FOR. While we approved the other proposed changes related to PA-147-FOR, we deferred our decision on two changes pertaining to the discontinuation of a $100 per acre reclamation fee pending the outcome of litigation before the United States Court of Appeals for the Third Circuit in the matter of Pennsylvania Federation of Sportsmen's Clubs Inc. et al. v. Norton, (PFSC v. Norton) No. 06-1780. We now have the U.S. Court of Appeals decision before us. The decision sets aside our October 7, 2003, final rule removing a required amendment pertaining to the Pennsylvania alternative bonding system. Therefore, we are now disapproving the two changes pertaining to the discontinuation of the fee. We are also reinstating a required amendment that has been modified to be consistent with the court's decision.

Notice is hereby given, in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770, 5 U.S.C. App 1, section 10), of the sixth, seventh, eighth and ninth meetings of the Negotiated Rulemaking Advisory Committee for Off-Road Vehicle Management at Cape Hatteras National Seashore. (See DATES section.)

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

The National Park Service, in cooperation with the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Forest Service, is announcing the availability of, and accepting comments on, the draft FLAG Phase I ReportREVISED. The Federal Land Managers' Air Quality Related Values Work Group (FLAG) was formed (1) to develop a more consistent and objective approach for the Federal Land Managers (FLMs), i.e., National Park Service, U.S. Fish and Wildlife Service, and U.S. Department of Agriculture Forest Service, to evaluate air pollution effects on their air quality related values (AQRVs); and (2) to provide State permitting authorities and potential permit applicants consistency on how to assess the impacts of new and existing sources on AQRVs. The FLAG effort focuses on the effects of the air pollutants that could affect the health and status of resources in areas managed by the three agencies, primarily such pollutants as ozone, particulate matter, nitrogen dioxide, sulfur dioxide, nitrates, and sulfates. FLAG formed subgroups that concentrated on four issues: (1) Terrestrial effects of ozone; (2) aquatic and terrestrial effects of wet and dry pollutant deposition; (3) visibility; and (4) process and policy issues. In December 2000, after undergoing a public review and comment process that included a 90-day public comment period announced in the Federal Register and a public meeting, the FLMs published a final Phase I report (FLAG 2000), along with an accompanying ``Response to Public Comments'' document. FLAG 2000 has been a useful tool to the FLMs, State permitting authorities, and permit applicants. It was intended to be a working document that would be revised as necessary as the FLMs learn more about how to better assess the health and status of AQRVs. Based on knowledge gained and regulatory developments since FLAG 2000, the FLMs believe certain revisions to FLAG 2000 are now appropriate. The draft revised report now available for public review and comment (FLAG 2008) reflects those changes. The most significant changes proposed in the draft FLAG 2008 revision are summarized as follows: Adopts similar criteria derived from EPA's 2005 Best Available Retrofit Technology (BART) guidelines for the Regional Haze Rule to screen out from AQRV review those sources with relatively small amounts of emissions located a large distance from a Class I area (i.e., Q/D

The Bureau of Land Management (BLM) has examined and found suitable for classification for conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 140 acres of public land in Carbon County, Wyoming. The City of Rawlins proposes to continue the use of the land as the Rawlins landfill.

The Bureau of Land Management (BLM) Winnemucca Field Office, Nevada, and Surprise Field Office, California, are issuing new supplementary rules for the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area (NCA), associated designated wilderness, and other contiguous lands as identified in the 2004 Resource Management Plan (RMP) and Record of Decision. These supplementary rules are needed to protect the area's natural and cultural resources and provide for public health and safety on public lands. These supplementary rules do not propose or implement any land use limitation or restrictions other than those limitations or restrictions included within the decisions in the RMP or allowed for by existing law or regulation.