Department of the Interior June 2009 – Federal Register Recent Federal Regulation Documents
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Notice of Proposed Withdrawal and Opportunity for Public Meeting; Arizona, California, Colorado, Nevada, New Mexico, and Utah
The Secretary of the Interior proposes to withdraw approximately 676,048 acres of public lands from settlement, sale, location, or entry under the general land laws, including the mining laws, on behalf of the Bureau of Land Management (BLM) to protect and preserve solar energy study areas for future solar energy development. This notice segregates the lands for up to 2 years from surface entry and mining while various studies and analyses are made to support a final decision on the withdrawal application. The lands will remain open to the mineral leasing laws.
Notice of Availability of Maps and Additional Public Scoping for Programmatic Environmental Impact Statement To Develop and Implement Agency-Specific Programs for Solar Energy Development; Bureau of Land Management Approach for Processing Existing and Future Solar Applications
The Department of Energy (DOE) and the Bureau of Land Management (BLM) (the Agencies) are announcing the availability of maps depicting solar energy study areas to be analyzed in their joint Programmatic Environmental Impact Statement to Develop and Implement Agency-Specific Programs for Solar Energy Development (Solar PEIS) and the opportunity for additional public scoping. The BLM is issuing this Notice to inform the public of the availability of the solar energy study area maps; to solicit public comments for consideration in identifying environmental issues, existing resource data, and industry interest with respect to the solar energy study areas in particular;
Notice of Intent To Prepare an Environmental Impact Statement for the Proposed NextLight Renewable Power, LLC, Silver State North Solar Project and Silver State South Solar Project, Primm, NV
In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), the Bureau of Land Management (BLM), Las Vegas Field Office, will prepare one environmental impact statement (EIS) for two proposed solar energy projects located on public lands in Clark County, Nevada. Publication of this notice initiates the beginning of the scoping process to solicit public comments and identify issues.
New Merced Wild and Scenic River Comprehensive Management Plan; Yosemite National Park; Mariposa and Madera Counties, CA; Notice of Intent To Prepare Environmental Impact Statement
Pursuant to the National Environmental Policy Act (Pub. L. 91-190) and the Wild and Scenic Rivers Act (Pub. L. 90-542), the National Park Service is reopening public scoping for planning and environmental impact analysis for a new Merced Wild and Scenic River Comprehensive Management Plan and Environmental Impact Statement (NMRP/ EIS) in Yosemite National Park. The NMRP/EIS will serve as a comprehensive ``blueprint'' sufficient to guide future management of the Merced River corridor in Yosemite National Park.
Submission of Information Collection to the Office of Management and Budget for Review Under the Paperwork Reduction Act
In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Bureau of Indian Affairs is submitting an information collection request to the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs for clearance and extension. The information collection, Tribal Reassumption of Jurisdiction over Child Custody Proceedings, is cleared under OMB Control Number 1076-0112 through June 30, 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.
Endangered and Threatened Wildlife and Plants; Etowah River Habitat Conservation Plan, Bartow, Cherokee, Cobb, Dawson, Forsyth, Paulding, and Pickens Counties, GA
We, the Fish and Wildlife Service, announce the availability of a proposed HCP, 13 accompanying ITP applications, and an EA related to proposed development that would effect three fish species in a covered area encompassing 3,773 square kilometers (km\2\) (932,000 ac). Each county and municipality seeking incidental take authorization has prepared a separate application in conjunction with the one HCP and EA. The HCP analyzes the take of the Federally endangered fish species amber darter (Percina antesella) and Etowah darter (Etheostoma etowahae), and the Federally threatened Cherokee darter (Etheostoma scotti), incidental to the applicants' regulation of development and construction in their respective jurisdictions. The applicants request ITPs under the Endangered Species Act of 1973 (Act), as amended. The Applicants' HCP
Safe Harbor Agreement for the City of Elk Grove's Shed B and Whitelock Parkway Drainage Corridors, in Sacramento County, CA
This notice advises the public that the City of Elk Grove (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an Enhancement of Survival Permit through a Safe Harbor Agreement (Agreement) for the Federally threatened species valley elderberry longhorn beetle (Desmocerus californicus dimorphus) and the Federally threatened giant garter snake (Thamnophis gigas). The Agreement is available for public comment (see below).
Vendor Outreach Workshop for Small Businesses in the Capital Region (Washington, DC) of the United States
The Office of Small and Disadvantaged Business Utilization of the Department of the Interior is hosting a Vendor Outreach Workshop for small businesses in the national capital region of the United States that are interested in doing business with the Department. The bureaus within the Department of the Interior are partnering in this exciting event that will promote small business contracting opportunities across the board. This workshop will review market contracting opportunities for the attendees. Business owners will be able to share their individual perspectives with Contracting Officers, Program Managers and Small Business Specialists from the Department. Following the workshop, businesses will also participate in a roundtable discussion and breakout work sessions that will allow them to talk with departmental representatives and prime contractors.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Delist the Lost River Sucker (Deltistes luxatus) and the Shortnose Sucker (Chasmistes brevirostris)
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove the Lost River sucker (Deltistes luxatus) and the shortnose sucker (Chasmistes brevirostris) from the Federal List of Threatened and Endangered Wildlife (List) under the Endangered Species Act of 1973, as amended (Act). We find that the petition does not present substantial scientific or commercial information indicating that removing the Lost River sucker or shortnose sucker from the List may be warranted. Therefore, we will not initiate a status review for either species in response to this petition. We ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the Lost River and shortnose suckers or their habitat at any time.
Coastal Barrier Resources System Digital Mapping Pilot Project
We, the U.S. Fish and Wildlife Service (Service), advise the public that we are extending the public review and comment period for the Report to Congress: John H. Chafee Coastal Barrier Resources System Digital Mapping Pilot Project and draft maps. Also, we plan to host public meetings via Web cast and teleconference on the John H. Chafee Coastal Barrier Resources System (CBRS) Digital Mapping Pilot Project.
Malheur National Wildlife Refuge, Harney County, OR
We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) for Malheur National Wildlife Refuge (refuge). We will also prepare an environmental impact statement (EIS) to evaluate the potential effects of various CCP alternatives. We provide this notice in compliance with our CCP policy to advise the public, other Federal and State agencies, and Tribes of our intentions, and to obtain suggestions and information on the scope of issues to consider during the planning process.
Required Fees for Mining Claims or Sites
The Bureau of Land Management (BLM) is promulgating this final rule to make statutorily authorized adjustments to its location and maintenance fees for unpatented mining claims, mill sites, and tunnel sites. These adjustments reflect changes in the Consumer Price Index (CPI), which is published by the Bureau of Labor Statistics.
Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Georgia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail with Critical Habitat
We, the U.S. Fish and Wildlife Service (Service), propose to list the Georgia pigtoe mussel (Pleurobema hanleyianum), interrupted rocksnail (Leptoxis foremani), and rough hornsnail (Pleurocera foremani), as endangered species under the Endangered Species Act of 1973, as amended (Act). The Georgia pigtoe, interrupted rocksnail, and rough hornsnail are endemic to the Coosa River drainage within the Mobile River Basin of Alabama, Tennessee, and Georgia. These three species have disappeared from large portions of their natural ranges due to extensive construction of dams that eliminated or reduced water currents and caused changes in habitat and water quality. The surviving populations are small, localized, and highly vulnerable to water quality and habitat deterioration.
Montana Department of Natural Resources and Conservation; Draft Environmental Impact Statement Availability and Public Meetings
This notice advises the public that the Montana Department of Natural Resources and Conservation (DNRC), on behalf of the State of Montana, has submitted an incidental take permit (ITP) application to the U.S. Fish and Wildlife Service (Service, US) under the Endangered Species Act of 1973, as amended (ESA). As the ESA requires, DNRC has also prepared a proposed habitat conservation plan (HCP) designed to minimize and mitigate any such take of endangered or threatened species. The ITP application includes the proposed HCP and draft Implementation Agreement (IA). We also announce the availability of a draft environmental impact statement (draft EIS) for the proposed
Notice of Offering of Five Alternative Energy Interim Policy Leases for Wind Resource Data Collection on the Outer Continental Shelf Offshore Delaware and New Jersey; Notice of Availability of an Environmental Assessment
Notice is given that the MMS will issue five limited leases authorizing wind resource data collection on the Outer Continental Shelf (OCS) offshore New Jersey and Delaware. Five OCS blocks will be leased for a term of 5 years; and the annual rent will be $3.00 per acre as established in the interim policy published in the Federal Register (72 FR 214, pp. 62673-62675) on November 6, 2007. The OCS blocks will be leased subject to the terms set forth in the lease form published in the Federal Register (73 FR 77, pp. 21363-21375) on April 21, 2008, and also subject to stipulations. The MMS will issue leases for four OCS blocks off the coast of New Jersey and one off the coast of Delaware to four companies: Bluewater Wind Delaware, LLC; Bluewater Wind New Jersey Energy LLC; Fishermen's Energy of New Jersey, LLC, and Deepwater Wind, LLC. The OCS blocks off the coast of New Jersey are Wilmington NJ 18-02 Block 6936 to Bluewater Wind New Jersey Energy, LLC; Wilmington NJ 18-02 Block 6931 to Fishermen's Energy of New Jersey, LLC; Wilmington NJ 18-02 Block 6738 and Wilmington NJ 18-02 Block 7033 to Deepwater Wind, LLC. The OCS block MMS will lease off the coast of Delaware is Salisbury NJ 18-05 Block 6325 to Bluewater Wind Delaware, LLC.
Temporary Vehicle Restriction on U. S. Route 209
The National Park Service (NPS), Delaware Water Gap National Recreation Area, in conjunction with the Federal Highway Administration, is repairing and reconstructing the Bushkill Creek Bridge along U.S. Route 209. During the repair and reconstruction period, Bushkill Creek Bridge will be closed. A detour route is available, but can only accommodate vehicles with a gross vehicle weight rating (GVWR) less than 15 tons. For this reason, NPS is instituting a temporary restriction of vehicles with a GVWR in excess of 15 tons (30,000 lbs GVWR) along U.S. Route 209 in the park. This temporary restriction will be in effect starting July 9, 2009 at 1800 hours and will remain in effect 24 hours a day until July 27, 2009 at 1800 hours.
Failure to Demonstrate Valid Existing Rights for Land Within the Daniel Boone National Forest
This notice announces our decision on a request for a determination of valid existing rights (VER) under section 522(e) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). We (OSM) have determined that, based upon the information provided, the applicant has not demonstrated the existence of VER on the Jack Smith, et al. property within the boundaries of the Daniel Boone National Forest in Clay County, Kentucky.
Quarterly Status Report of Water Service, Repayment, and Other Water-Related Contract Negotiations
Notice is hereby given of contractual actions that have been proposed to the Bureau of Reclamation and are new, modified, discontinued, or completed since the last publication of this notice on April 10, 2009. This notice is one of a variety of means used to inform the public about proposed contractual actions for capital recovery and management of project resources and facilities consistent with section 9(f) of the Reclamation Project Act of 1939. In addition, notice is hereby given of contractual actions for extraordinary maintenance and replacement pursuant to the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5). Additional announcements of individual contract actions may be published in the Federal Register and in newspapers of general circulation in the areas determined by Reclamation to be affected by the proposed action.
Endangered Wildlife and Plants; Permits
We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on the following application for a permit to conduct certain activities with endangered species under the Endangered Species Act of 1973, as amended (Act), which requires that we invite public comment on the permit application.
Sacramento, Delevan, Colusa, and Sutter National Wildlife Refuges, Glenn, Colusa, and Sutter Counties, CA
We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Final Comprehensive Conservation Plan (CCP) and Finding of No Significant Impact (FONSI) for Sacramento, Delevan, Colusa, and Sutter National Wildlife Refuges (Refuges). The CCP, 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.
Notice of Approved Class II and III Tribal Gaming Ordinances
The purpose of this notice is to inform the public of class II and III gaming ordinances approved by the Chairman of the National Indian Gaming Commission.
Texas Mid-Coast Refuge Complex, Brazoria and Matagorda Counties, TX
We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan (CCP) and environmental assessment (EA) for the Texas Mid-Coast Refuge Complex (Complex). The Complex consists of the following refuges: Brazoria and San Bernard, located in Brazoria County, and Big Boggy in Matagorda County, Texas. Discontinuous refuge parcels and conservation easements, located primarily within the forested bottomlands of the Brazos River, San Bernard River, and Colorado River basins, in Brazoria, Wharton, and Fort Bend counties, are also part of the Complex. We provide this notice in compliance with our CCP policy to advise other Federal and State agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Revise Critical Habitat for Eriogonum pelinophilum (Clay-Loving Wild Buckwheat)
We, the U.S. Fish and Wildlife Service (USFWS), announce a 90- day finding on a petition to revise critical habitat for Eriogonum pelinophilum (clay-loving wild buckwheat) under the Endangered Species Act (Act) of 1973, as amended. Following a review of the petition, we find that the petition presents substantial scientific or commercial information indicating that revision of the critical habitat for E. pelinophilum may be warranted. Therefore, with the publication of this notice, we are initiating a review of the critical habitat for the species, and will subsequently issue a 12-month finding to determine if revisions to the species' critical habitat are warranted. To ensure that the review is comprehensive, we are soliciting scientific and commercial data and other information regarding this species.
Preservation Technology and Training Board Charter Renewal
This notice is published in accordance with Section 9(a) of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix). Following consultation with the General Services Administration, notice is hereby given that the Secretary of the Interior has formally renewed the Preservation Technology and Training Board to provide advice and professional oversight to the Secretary and the National Center for Preservation Technology and Training, as authorized by Title IV, Section 404 of Public Law 102-575, October 30, 1992. The specific duties of the Board are to (1) provide leadership, policy advice, and professional oversight to the Center; (2) advise the Secretary on priorities and the allocation of grants among the activities of the Center; and (3) submit an annual report to the President and the Congress.
Policy on Special Park Uses, Draft Directors Order 53
The National Park Service (NPS) is requesting comments on its revision of its policy governing the issuance of permits for special park uses. This policy will apply to all units of the national park system, and will replace the previous policy which was issued in April 2000.
Bond Swamp National Wildlife Refuge, Bibb and Twiggs Counties, GA
We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for Bond Swamp National Wildlife Refuge (NWR) for public review and comment. In this Draft CCP/ EA, we describe the alternative we propose to use to manage this refuge for the 15 years following approval of the final CCP.
Notice of Public Meeting, North Slope Science Initiative, Science Technical Advisory Panel, Alaska
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, North Slope Science Initiative (NSSI) Science Technical Advisory Panel (STAP) will meet as indicated below:
Notice of Proposed Information Collection for 1029-0094
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to seek the Office of Management and Budget (OMB) approval to continue the collection of information for 30 CFR part 700General. This information collection activity was previously approved by OMB and assigned clearance number 1029-0094. 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.
Flight 93 National Memorial Advisory Commission
This notice sets forth the date of the August 1, 2009 meeting of the Flight 93 Advisory Commission.
Tribal Colleges and Universities Grants and Annual Reports
As required by the Paperwork Reduction Act, the Bureau of Indian Affairs (BIA) is submitting the following information collections to the Office of Management and Budget for renewal: (1) Tribal Colleges and Universities Annual Report Form, 25 CFR 41.9, OMB Control No. 1076-0105; and (2) Tribal Colleges and Universities Grant Application Form, 25 CFR 41.8, OMB Control No. 1076-0018.
Adequacy of the Environmental Assessment and Fair Market Value Public Meeting for the Dry Canyon Coal Tract, Carbon County, UT
The Bureau of Land Management (BLM) will hold a public meeting on August 13, 2009, at 7 p.m. at the Bureau of Land Management, Price Field Office, 125 South 600 West, Price, Utah, for the proposed competitive sale of the Dry Canyon coal tract. BLM requests public written comment on the fair market value and environmental effects of mining of this tract. The lands included in the delineated Federal coal lease tract (``Dry Canyon'') are located in Carbon County, Utah approximately three miles northeast of Helper, Utah on both private and BLM surface with federally administered minerals and are described as follows:
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface estate of certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Aleknagik Natives Limited. The lands are in the vicinity of Aleknagik, Alaska, and are located in:
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the conveyance of surface and subsurface estates for certain lands pursuant to the Alaska Native Claims Settlement Act will be issued to NANA Regional Corporation, Inc. for 69.05 acres located northwesterly of the Native village of Buckland, Alaska. Notice of the decision will also be published four times in the Arctic Sounder.
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface estate in certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Napaskiak, Incorporated. The lands are in the vicinity of Napaskiak, Alaska, and located in:
Alaska Native Claims Selection
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 NANA Regional Corporation, Inc. The lands are in the vicinity of Ambler, Kobuk, and Shugnak, Alaska, and are located in:
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface estate of certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Alaska Peninsula Corporation, Successor in Interest to Kokhanok Native Corporation. The lands are in the vicinity of Kokhanok, Alaska, and are located in:
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface estate of certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Qemirtalek Coast Corporation. The lands are in the vicinity of Kongiganak, Alaska, and are located in:
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface estate of certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Tununrmiut Rinit Corporation. The lands are in the vicinity of Tununak, Alaska, and are located in:
Alaska Native Claims Selection
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 Doyon, Limited. The lands are in the vicinity of Stevens Village, Alaska, and are located in:
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the conveyance of surface estate only for certain lands pursuant to the Alaska Native Claims Settlement Act will be issued to The Aleut Corporation for 93.53 acres on Samalga Island, Alaska. Notice of the decision will also be published four times in the Anchorage Daily News.
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the conveyance of surface and subsurface estates for certain lands pursuant to the Alaska Native Claims Settlement Act will be issued to The Aleut Corporation for 64.11 acres on Umnak Island, Alaska. Notice of the decision will also be published four times in the Anchorage Daily News.
Alaska Native Claims Selection
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 Calista Corporation. The lands are in the vicinity of Lime Village, Stony River, Sleetmute, Red Devil, Crooked Creek, Aniak, Chuathbaluk, Russian Mission, and Goodnews Bay, Alaska, and are located in:
Alaska Native Claims Selection
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 Doyon, Limited. The lands are in the vicinity of McGrath, Minto, Nikolai, and Tanacross, Alaska, and are located in:
Alaska Native Claims Selection
As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface estate of certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Akiachuk, Limited. The lands are in the vicinity of Akiachak, Alaska, and are located in:
Alaska Native Claims Selection
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 Tozitna, Limited, for the Native village of Tanana. The lands are in the vicinity of Tanana, Alaska, and are located in:
Endangered and Threatened Species; Determination of Endangered Status for the Gulf of Maine Distinct Population Segment of Atlantic Salmon
We (NMFS and USFWS, collectively referred to as the Services) have determined that naturally spawned and conservation hatchery populations of anadromous Atlantic salmon (Salmo salar) whose freshwater range occurs in the watersheds from the Androscoggin River northward along the Maine coast to the Dennys River, including those that were already listed in November 2000, constitute a distinct population segment (DPS) and hence a ``species'' for listing. We have determined that the Gulf of Maine (GOM) DPS warrants listing as endangered under the Endangered Species Act (ESA). Critical habitat for the GOM DPS will be designated in a subsequent Federal Register notice.
Marine Mammal Protection Act; Stock Assessment Report
In accordance with the Marine Mammal Protection Act of 1972, as amended (MMPA), and its implementing regulations, we, the U.S. Fish and Wildlife Service (Service), have developed draft revised marine mammal stock assessment reports (SARs) for the Pacific walrus (Odobenus rosmarus divergens) stock and for each of the two polar bear (Ursus maritimus) stocks in Alaska: The southern Beaufort Sea polar bear stock and the Chukchi/Bering seas polar bear stock. These three SARs are available for public review and comment.
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