Department of the Interior April 2009 – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intentions of the Bureau of Reclamation to seek extension of the information collection for OMB 1006-0015, Diversions, Return Flow, and Consumptive Use of Colorado River Water in the Lower Colorado River Basin. The current OMB approval expires on August 31, 2009.

We are reopening the public comment period on a proposed amendment to the Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Since the close of the comment period, Virginia revised its regulations pertaining to Valid Existing Rights (VER) and made other minor wording and organizational changes. Virginia intends to revise its program to be consistent with the corresponding Federal regulations and SMCRA and is responding, in part, to 30 CFR Part 732 letters.

We, the U.S. Fish and Wildlife Service, have received an application from Hossain Ahmadi (applicant) for a 3-year incidental take permit for five species under the Endangered Species Act of 1973,

In accordance with the Federal Advisory Committee Act, the Bureau of Indian Education (BIE) is announcing that the Advisory Board for Exceptional Children (Advisory Board) will hold its next meeting in Albuquerque, New Mexico. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Act of 2004 (IDEA) on Indian children with disabilities.

The National Park Service (NPS) is terminating preparation of an EIS for the General Management Plan for Aztec Ruins National Monument, New Mexico. A Notice of Intent to prepare an EIS for the Aztec Ruins National Monument General Management Plan was published in the Federal Register on October 8, 2003 (68 FR 58130), and followed by a scoping newsletter. The NPS has since determined that an EA rather than an EIS is the appropriate level of environmental documentation for the plan.

Minerals Management Service (MMS), in accordance with Federal Regulations that implement the National Environmental Policy Act (NEPA), announces the availability of NEPA-related Site-Specific Environmental Assessments (SEA) and Findings of No Significant Impact (FONSI), prepared by MMS for the following oil-, gas-, and mineral- related activities proposed on the Gulf of Mexico and Atlantic OCS.

We, the Fish and Wildlife Service (Service), announce the availability of an Incidental Take Permit (ITP) application and proposed Habitat Conservation Plan (HCP) under the Endangered Species Act of 1973, as amended (Act). We have received these, along with other pertinent documents available for review, from the Salvation Army (applicant). The applicant anticipates removing an approximate total of 0.084 acre of Mount Hermon June beetle (Polyphylla barbata)occupied habitat, which includes 0.011 acre occupied by the Ben Lomond spineflower (Chorizanthe pungens var. hartwegiana). Both of these species are listed as endangered under the Act. We request comments on the ITP application and on our preliminary determination that the proposed HCP qualifies as a ``low-effect'' HCP, eligible for a categorical exclusion under the National Environmental Policy Act of 1969 (NEPA), as amended.

This notice publishes the Secretary's certification of the Nottawaseppi Huron Band of the Potawatomi Indian Liquor Ordinance. The Ordinance regulates and controls the possession, sale, and consumption of liquor within the tribal lands. The tribal lands are located in Indian Country and this Ordinance allows for possession and sale of alcoholic beverages within their boundaries. This Ordinance will increase the ability of the tribal government to control the tribe's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.

This document amends the Department of the Interior's (DOI) regulations implementing the Freedom of Information Act (FOIA), 5 U.S.C. 552. In particular, it: clarifies the time limit that requesters have for filing FOIA appeals; clarifies that requesters must include the required documentation with their appeals or their appeals may be rejected by the FOIA Appeals Officer; clarifies that requesters must file a FOIA request with each separate bureau/office from which they are seeking records; changes the language regarding requests for expedited processing to be consistent with the language used in the FOIA including removing a paragraph in that section pertaining to ``due process rights;'' makes the use of multitrack processing mandatory for all bureaus and offices; advises requesters that they may contact the bureau/office's FOIA Requester Service Center and the FOIA Public Liaison concerning the status of their requests; and includes current contact information for DOI's FOIA and Public Affairs/Office of Communications Contacts and its reading rooms (Headquarters). Additionally, the final rule revises the definitions of the terms: ``representative of the news media'' and ``freelance journalist'' in accordance with the Openness Promotes Effectiveness in Our National (OPEN) Government Act of 2007 (December 31, 2007). The term ``news'' is defined within the term ``representative of the news media.''

We, the U.S. Fish and Wildlife Service (Service), make available a record of decision (ROD) under the National Environmental Policy Act of 1969 (NEPA). This ROD documents our decision to select an alternative including implementation of the Williamson County Regional Habitat Conservation Plan (RHCP). Our selected action (Alternative B, described below and in the ROD) entails the issuance of a 30-year incidental take permit (ITP) to Williamson County, Texas (the County), to incidentally take golden-cheeked warbler (Dendroica chrysoparia), black-capped vireo (Vireo atricapilla), Bone Cave harvestman (Texella reyesi), and Coffin Cave mold beetle (Batrisodes texanus). The RHCP will mitigate for take by purchasing mitigation credits in an existing conservation bank and by acquiring and managing replacement habitats and additional conservation measures as specifically described in the RHCP.

The Bureau of Land Management (BLM) will hold a public meeting on the proposed sale, adequacy of the Environmental Impact Statement (EIS), Fair Market Value determination and Maximum Economic Recovery consideration for coal lease application UTU-84102. The BLM is in the

We, the U.S. Fish and Wildlife Service (Service), announce that our Final Comprehensive Conservation Plan (Plan) and Finding of No Significant Impact (FONSI) for the Sullys Hill National Game Preserve is available. This Final CCP describes how the Service intends to manage this refuge for the next 15 years.

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 the Record of Decision for the Resource Protection Study, Curecanti National Recreation Area, Colorado. On December 4, 2008, the Regional Director, Intermountain Region, approved the Record of Decision for the project. A report, jointly prepared by the National Park Service and the Bureau of Reclamation (Reclamation, the cooperating agency on the EIS), will be forwarded to Congress through the Department of the Interior. That Report to Congress will present the Resource Protection Study's findings, and will recommend the implementation of the Preferred Alternative (Proposed Action) contained in the FEIS issued on October 3, 2008. Congress will then decide what action to take, if any. As soon as practicable following such congressional action, the National Park Service will begin to implement those actions.

Pursuant to 42 U.S.C. 4332(2)(C) of the National Environmental Policy Act of 1969 and National Park Service (NPS) policy in Director's Order Number 2 (Park Planning) and Director's Order Number 12 (Conservation Planning, Environmental Impact Analysis, and Decision- making) the NPS announces the availability of a DEIS/GMP for the Tuskegee Airmen National Historic Site, Tuskegee, Alabama.

The Bureau of Indian Affairs (BIA) is republishing in its entirety a document it published in the March 27, 2009 Federal Register to correct the comment deadline listed in the DATES section. The correct comment deadline is listed in the DATES section of this notice.

Office of Management and Budget (OMB) regulations at 5 CFR 1320, which implement the Paperwork Reduction Act of 1995 (Pub. L. 104- 13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8 (d)). This notice identifies an information collection activity that the Office of Civil Rights, Office of the Secretary, Department of the Interior (DOI) has submitted to OMB for renewal.

Pursuant to the provisions of the Federal Advisory Committee Act, notice is hereby given of meetings of the Invasive Species Advisory Committee. The purpose of the Advisory Committee is to provide advice to the National Invasive Species Council, as authorized by Executive Order 13112, on a broad array of issues related to preventing the introduction of invasive species and providing for their control and minimizing the economic, ecological, and human health impacts that invasive species cause. The Council is co-chaired by the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce. The duty of the Council is to provide national leadership regarding invasive species issues. The purpose of a meeting on May 5-7, 2009 is to convene the full Advisory Committee and to discuss implementation of action items outlined in the 2008-2012 National Invasive Species Management Plan, which was finalized on August 1, 2008.

The U.S. Fish and Wildlife Service (hereinafter the Service or we) proposes to establish annual hunting regulations for certain migratory game birds for the 2009-10 hunting season. We annually prescribe outside limits (frameworks) within which States may select hunting seasons. This proposed rule provides the regulatory schedule, describes the proposed regulatory alternatives for the 2009-10 duck hunting seasons, requests proposals from Indian Tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands, and requests proposals for the 2010 spring and summer migratory bird subsistence season in Alaska. Migratory game bird hunting seasons provide opportunities for recreation and sustenance; aid Federal, State, and Tribal governments in the management of migratory game birds; and permit harvests at levels compatible with migratory game bird population status and habitat conditions.

Pursuant to the National Environmental Policy Act of 1969, the Central Utah Water Conservancy District and the Department of the Interior announce their intent to prepare an Environmental Assessment on the Wasatch County Water Efficiency Recycled Water Project. The project would make recycled water, which would be part of Central Utah Project (CUP) water, available in the facilities of the Wasatch County Water Efficiency Project (WCWEP), Bonneville Unit, CUP. It would provide an opportunity for more effective and efficient management of water, make efficient use of recycled water as an additional water supply, create opportunities to exchange water for stream and wetland benefits, and encourage the conservation and wise use of water, all of which are objectives of the Central Utah Project Completion Act.

We, the U.S. Fish and Wildlife Service (Service) are initiating 5-year status reviews of 13 species under the Endangered Species Act of 1973, as amended (Act). We conduct these reviews to ensure that the classification of species as threatened or endangered on the Lists of Endangered and Threatened Wildlife and Plants is accurate. A 5-year review is an assessment of the best scientific and commercial data available at the time of the review.

The National Park Service announces the availability of the Draft Environmental Impact Statement for the General Management Plan for Monocacy National Battlefield, Maryland. This document will be available for public review and comment pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and National Park Service policy.

We announce our receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species. The Endangered Species Act requires that we invite public comment on these permit applications.