Department of the Interior January 2009 – 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.

Pursuant to the Council of Environmental Quality regulations and National Park Service policy, this notice announces the availability of an Environmental Assessment (EA) for the improvements to the existing West Potomac Park Levee System which extends from 23rd Street, NW., to the grounds of the Washington Monument. The goal of this project is to improve the reliability of the existing levee in order to meet the current post-Hurricane Katrina standards for flood protection as required by the U.S. Army Corps of Engineers (USACE) and the Federal Emergency Management Agency (FEMA). The existing levee protects much of the monumental core and large portions of downtown Washington, DC.

This notice constitutes the official publication of the decision to submit nominations to the World Heritage List for Papahanaumokuakea Marine National Monument, Hawaii, and Mount Vernon, Virginia, and serves as the Third Notice referred to in Sec. 73.7(j) of the World Heritage Program regulations (36 CFR part 73). The nominations are being submitted through the Department of State for consideration by the World Heritage Committee, which will likely occur at the Committee's 34th annual session in mid-2010. These two properties have been selected from the U.S. World Heritage Tentative List. The Tentative List consists of properties that appear to qualify for World Heritage status and which may be considered for nomination by the United States to the World Heritage List. The current U.S. Tentative List was transmitted to the UNESCO World Heritage Centre on January 24, 2008. The new U.S. Tentative List appeared in a Federal Register notice on March 19, 2008 (73 FR 14835-14838, March 19, 2008) with a request for public comment on possible initial nominations from the 14 sites on the U.S. Tentative List, particularly for the two sites named above. The comments received and the Department of the Interior's responses to them as well as the Department's decision to request preparation of these two nominations appeared in a subsequent Federal Register Notice published on July 8, 2008 (73 FR 39036-39039, July 8, 2008). The Department considered public comments received during the comment period as well as the advice of the Federal Interagency Panel for World Heritage in making the decisions to submit the two U.S. World Heritage nominations. Both properties meet the legal prerequisites for nomination by the United States to the World Heritage List. They appear to meet one or more of the World Heritage criteria and all owners of the two sites support the nomination of these nationally significant properties to the World Heritage List. Papahanaumokuakea Marine National Monument was selected for nomination in part because it would, as a marine site and a mixed cultural and natural site in the Pacific, fill conspicuous gaps in the U.S. portfolio of World Heritage Sites. Similar gaps likewise exist in the World Heritage List as a whole, wherein few marine, Pacific, or mixed sites are listed. The State of Hawaii, the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration, the three co-stewards of the Monument, are strongly supportive of the nomination. George Washington's Mount Vernon likewise would fill a gap in the U.S. cultural site list and on the World Heritage List as a whole. It is an outstanding example of a type of colonial cultural landscape that was tied to the plantation economy based on slavery that prevailed in the American South during the colonial and early Federal periods. It is also the primary illustration of the early historic preservation movement in the United States. The Mount Vernon Ladies Association, the owner, strongly supports the property's nomination.

The Denali 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 welcome 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.

The plats of survey described below are scheduled to be officially filed in the New Mexico State Office, Bureau of Land Management (BLM), Santa Fe, New Mexico, 30 calendar days from the date of this publication

The SEORAC will be briefed on BLM's wild horse and burro program, BLM's sagebrush habitat treatments and the current status of the Oregon Explorer grant. Council members will also provide orientation to new members, conduct chair elections, establish their 2009 annual work plan and meeting schedule, receive organizational updates from designated federal officials, give interest area updates, implement a subgroup establishment process, identify new subgroup members, present active subgroup reports and develop agenda items for the next meeting. Any other matters that may reasonably come before the SEORAC may also be addressed. The public is welcome to attend all portions of the meeting and may contribute during the public comment period at 11 a.m. on February 27, 2009. Those who verbally address the SEORAC during the public comment period are asked to provide a written statement of their comments or presentation. Unless otherwise approved by the SEORAC chair, the public comment period will last no longer than 30 minutes, and each speaker may address the SEORAC for a maximum of five minutes.

This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses during the 2010-11 and 2011-12 regulatory years. The Federal Subsistence Board completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations, which expire on June 30, 2010. This rule would also amend the customary and traditional use determinations of the Federal Subsistence Board and the general regulations on subsistence taking of fish and wildlife.

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden. This ICR is scheduled to expire on January 31, 2009. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

Pursuant to Public Law 106-503, the Scientific Earthquake Studies Advisory Committee (SESAC) will hold its 19th meeting. The meeting location is the Silver Cloud Inn/University District, 3056 25th Avenue, NE., Seattle, Washington 98105. The Committee is comprised of members from academia, industry, and State government. The Committee shall advise the Director of the U.S. Geological Survey (USGS) on matters relating to the USGS's participation in the National Earthquake Hazards Reduction Program. The Committee will be hearing updates on the USGS Earthquake Hazards Program with a focus on partnered activities in the Pacific Northwest, discuss lessons learned from the Great Southern California Shakeout, and make assignments for annual report preparation. Meetings of the Scientific Earthquake Studies Advisory Committee are open to the public.

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

Notice is hereby given of a meeting of the ACWI. This meeting is to discuss broad policy-related topics relating to national water initiatives, and the development and dissemination of water information, through reports from ACWI subgroups. The agenda will include status of a proposal from the ACWI Subcommittee on Ground Water; discussion of a new Extreme Storms subgroup proposed within the Subcommittee on Hydrology; status of the National Monitoring Network for U.S. Coastal Waters and their Tributaries; request for ACWI approval of an update to the Water Quality Data Elements User Guide that would include physical habitat elements; discussion of ACWI participation in the National Environmental Status and Trends indicators project; and updates on recent activities of the Methods and Data Comparability Board. The ACWI was established under the authority of the Office of Management and Budget Memorandum M92-01 and the Federal Advisory Committee Act. The purpose of the ACWI is to provide a forum for water information users and professionals to advise the Federal Government on activities and plans that may improve the effectiveness of meeting the Nation's water information needs. Member organizations help to foster communications between the Federal and non-Federal sectors on sharing water information. Membership, limited to 35 organizations, represents a wide range of water resources interests and functions. Representation on the ACWI includes all levels of government, academia, private industry, and professional and technical societies. For more information on the ACWI, its membership, subgroups, meetings and activities, please see the Web site at: https://ACWI.gov.

In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Northeast California Resource Advisory Council will meet as indicated below.

The Fish and Wildlife Service (Service) announces the receipt of an application for an enhancement of survival permit (Permit) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The Permit application includes a proposed Safe Harbor Agreement (SHA) for the threatened northern Idaho ground squirrel (Spermophilus brunneus brunneus) between Hixon Properties Incorporated (applicant) and the Service. The term of the proposed SHA is 10 years, and the requested term of the permit is 15 years. The Service has made a preliminary determination that the proposed SHA and Permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this preliminary determination is contained in an Environmental Action Statement. The Service is accepting comments on the Permit application, the proposed SHA, and the Environmental Action Statement.

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) Eastern Montana Resource Advisory Council (RAC), will meet as indicated below.

The National Indian Gaming Commission (``NIGC'') announces the extension of the comment period on the proposed rule concerning various amendments to the National Indian Gaming Commission regulations. The proposed rule was published in the Federal Register on December 22, 2008 (73 FR 78242). The NIGC is extending the comment period to March 9, 2009.

At the JDSRAC meeting, we will welcome a new member, agree on its annual plan of work for 2009, elect new officers, and conduct the regular business of keeping member representatives informed about Federal actions. The meeting may include such topics as John Day Resource Management Plan, Wallowa-Whitman Weed Management, Forest and BLM Resource Management Planning, Restoration of the Lower Snake River, Transportation Planning, and other matters as may reasonably come before the council.

The Bureau of Land Management (BLM) has officially filed the plats of survey of the lands described below in the BLM Idaho State Office, Boise, Idaho, effective 9:00 a.m., on the dates specified.

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) announces the availability of the West Antelope II Coal Lease by Application (LBA) Final Environmental Impact Statement (FEIS). The tract is being considered for sale as a result of a coal lease application received from the operator of the adjacent Antelope Mine in Campbell and Converse Counties, Wyoming.

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 Red River Oil and Gas, LLC for competitive oil and gas lease WYW174048 for land in Carbon 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 of oil and gas lease COC66236 from Red Willow Production, LLC., for lands in Jackson County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM-Eastern States, Springfield, Virginia, 30 calendar days from the date of publication in the Federal Register.

This order revokes in its entirety a withdrawal created by an Executive Order, as modified, as to 184.10 acres of public lands withdrawn from surface entry for the Bureau of Land Management's Power Site Reserve No. 595. This order also opens those lands not previously conveyed out of Federal ownership to surface entry, subject to other segregations of record.

The Secretary of the Interior intends to administratively reestablish the National Park Service Concessions Management Advisory Board. This action is necessary and in the public interest in connection with the performance of statutory duties imposed upon the Department of the Interior and the National Park Service.

Pursuant to the regulations implementing the procedural provisions of the National Environmental Policy Act (NEPA), MMS is announcing its intent to prepare a PEIS to evaluate potential environmental effects of multiple G&G activities on the Atlantic OCS. This NOI initiates the scoping process for this PEIS and also seeks interest from other Federal agencies, and State, tribal, and local governments to consider becoming cooperating agencies in the preparation of the EIS. Through the scoping process, Federal, state, and local government agencies and other interested parties have the opportunity to aid MMS in determining the significant issues and alternatives for analysis in the PEIS. Comments received in response to the NOI will assist MMS in developing the scope of the PEIS. This early planning and consultation step is important to ensure that all interests and concerns are communicated to MMS as it develops this PEIS and ultimately for future decisions regarding G&G operations under MMS regulatory authority. In order to assist MMS in developing the scope of G&G activities to be covered within the PEIS, we are also using this NOI to solicit information from industry on any potential interest for future G&G activities on the Atlantic OCS, including seismic surveys (high- resolution surveys as well as various types of seismic exploration and development surveys), side-scan sonar surveys, all types of electromagnetic surveys, geological and geochemical sampling, and remote sensing (including gravity and magnetic surveys) and the geographic areas of these activities. The MMS will specifically use this information to develop the scope of the PEIS scenario and its proposed action area. If details on activities, desired geographic locations, or other relevant information are not provided to MMS through this Call for Interest, then this information may not be included in the PEIS scenario and may require additional NEPA analysis if proposed at a later date. With this NOI, MMS notes that this PEIS is dependent upon availability of funding. MMS welcomes participation from outside sources consistent with appropriate authorities and mechanisms to award a contract to conduct the essential analyses and prepare the PEIS. The MMS would maintain sole oversight over selection and management of contractors and would maintain full authority over the content of the PEIS, protected resources analyses, and final decisions. Outside sources that are considering participating in this PEIS process should submit an expression of interest, along with the requested information on potential activities and geographic scope, to the MMS, Gulf of Mexico OCS Region's Regional Supervisor for Leasing and Environment (see Comments section for contact information). If a PEIS is funded and started in early 2009, MMS estimates completion of the PEIS by late 2010. Without funding, completion of the PEIS would be uncertain.