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

Notice is hereby given that a temporary closure to public access, use, or occupancy is in effect on public lands administered by the Billings Field Office, Bureau of Land Management, in the Pryor Mountain Wild Horse Range in Carbon County, Montana, and Big Horn County, Wyoming.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to the Office of Management and Budget (OMB) an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under title 30 of the Code of Federal Regulations (CFR) parts 210 and 212. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. This ICR pertains to onshore and offshore royalty and production reporting on oil, gas, and geothermal leases on Federal and Indian lands.

We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the Sonoran desert tortoise (Gopherus agasizzii) as a distinct population segment (DPS) under the Endangered Species Act of 1973, as amended, and designate critical habitat. On the basis of our review of the petition and information readily available in our files, we have determined that there is substantial information indicating that the Sonoran desert tortoise may meet the criteria of discreteness and significance as defined by our policy on distinct vertebrate population segments. Further, we find that the petition presents substantial scientific or commercial information indicating that listing the Sonoran population of the desert tortoise may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the Sonoran population of the desert tortoise to determine if listing the population is warranted. To ensure that the status review of the Sonoran population of the desert tortoise is comprehensive, we are soliciting scientific and commercial data and other information regarding this population. At the conclusion of this review, we will issue a 12-month finding to determine if the petitioned action is warranted. We will make a determination on critical habitat for the Sonoran population of the desert tortoise if we initiate a listing action.

This notice advises the public that the Department of Interior, Bureau of Indian Affairs (BIA) and the U.S. Environmental Protection Agency (EPA) as co-lead agencies; and the Mandan, Hidatsa and Arikara (MHA) Nation and the U.S. Army Corps of Engineers as cooperating agencies, intend to file a Final Environmental Impact Statement (FEIS) with the EPA for the proposed Clean Fuels Refinery, and that the FEIS is now available for public review. The proposed Federal actions are: (1) The taking into trust of 469 acres of fee land by the BIA in support of the MHA Nation's proposal to construct and operate a clean fuels refinery and produce buffalo forage; and (2) the issuance by the EPA of a Clean Water Act, National Pollutant Discharge Elimination System Discharge (NPDES) permit for the discharge of treated wastewater from the proposed refinery.

This notice advises the public that the California Cattlemen's Association (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an Enhancement of Survival 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 (Agreement) between the Applicant and the Service for the federally- endangered vernal pool tadpole shrimp (Lepidurus packardi), the threatened vernal pool fairy shrimp (Branchinecta lynchi), the endangered Conservancy fairy shrimp (Branchinecta conservatio), the threatened valley elderberry longhorn beetle (Desmocerus californicus dimorphus), the threatened giant garter snake (Thamnophis gigas), the threatened California red-legged frog (Rana aurora draytonii), the threatened Hoover's spurge (Chamaesyce hooveri), the endangered Butte County meadowfoam (Limnanthes floccosa ssp. californica), the endangered hairy Orcutt grass (Orcuttia pilosa), the threatened slender Orcutt grass (Orcuttia tenuis), and the endangered Greene's tuctoria (Tuctoria greenei) (collectively referred to as the Covered Species). The Agreement is available for public comment.

The Bureau of Indian Affairs (BIA) published a document in the Federal Register of August 19, 2009, advising the public that the BIA as Lead Agency, in cooperation with the Spokane Tribe of Indians (Tribe), intends to prepare an environmental impact statement (EIS) for a proposed mixed-use development and corresponding master plan for a 145-acre parcel of trust land adjacent to the City of Airway Heights, Spokane County, Washington. The DATES section of that notice contained incorrect dates; therefore, this notice republishes the content of the notice of August 19, 2009 with corrected dates.

The Bureau of Land Management (BLM) announces that the Wild Horse and Burro Advisory Board will conduct a meeting on matters pertaining to management and protection of wild, free-roaming horses and burros on the Nation's public lands.

We, the U.S. Fish and Wildlife Service (Service, USFWS), announce that the revised comprehensive conservation plan (CCP) and final environmental impact statement (EIS) for the Kenai National Wildlife Refuge is available for public review and comment. The CCP/EIS was prepared pursuant to the Alaska National Interest Lands Conservation Act of 1980 (ANILCA), the National Wildlife Refuge System Administration Act of 1966 (Refuge Administration Act) as amended by the National Wildlife Refuge System Improvement Act of 1997 (Refuge Improvement Act), and the National Environmental Policy Act of 1969 (NEPA). It describes five alternatives for managing the Kenai Refuge for the next 15 years, including continuing current management.

We, the U.S. Fish and Wildlife Service (Service), have received an application from the Otay Water District (OWD) for a 5-year incidental take permit for one covered species under the Endangered

In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request renewed approval for the collection of information for two technical training program course effectiveness evaluation forms. This collection request has been forwarded to the Office of Management and Budget (OMB) for review and approval. The information collection request describes the nature of the information collection and the expected burden and cost.

Current Federal policy allows non-Federal development of electrical power resource potential on Federal water resource projects. The Bureau of Reclamation (Reclamation) will consider proposals for non-Federal development of hydroelectric power on the South Canal of the Uncompahgre Project. Reclamation is considering such hydroelectric power development under a lease of power privilege. No Federal funds will be available for such hydroelectric power development. The Uncompahgre Project is a Federal Reclamation project. This Notice presents background information, proposal content guidelines, and information concerning selection of a non-Federal entity to develop hydroelectric power on the South Canal.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public information solicitation period on our October 9, 2007, 90-day finding on a petition to list the black-footed albatross (Phoebastria nigripes) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). This action will provide all interested parties with an additional opportunity to submit information and materials on the status of the black-footed albatross. Information previously submitted need not be resubmitted as it has already been incorporated into the public record and will be fully considered in the 12-month finding.

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 and the Alaska National Interest Lands Conservation Act will be issued to Kaktovik Inupiat Corporation. The lands are in the vicinity of Kaktovik, Alaska, and are located in:

The Bureau of Indian Affairs (BIA) is submitting a request to renew the information collection entitled ``Tribal Self-Governance Program, 25 CFR 1000'' to OMB, as required by the Paperwork Reduction Act. This information collection is currently authorized by OMB Control Number 1076-0143. Respondents include potential and existing Self- Governance Indian tribes. The information collected will be used to establish requirements for entry into the pool of qualified applicants for Self-Governance and to meet reporting requirements of the Tribal Self-Governance Act.

In accordance with Sec. 102(2) (C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.), the National Park Service (NPS) is undertaking a conservation planning and environmental impact analysis process for creating a new General Management Plan (GMP) for City of Rocks National Reserve (Reserve), Idaho. A Land Protection Plan would accompany the GMP and provide priorities for both cultural and natural resource protection needs. The Land Protection Plan is particularly needed to guide future land acquisition strategies for this unit of the National Park System due to the complex ownership of private, state, and federal land. The GMP is intended to serve as a ``blueprint'' to guide management of natural and cultural resources and visitor use during the next 15-20 years. One or more development concept plans, which guide more detailed, site- specific preservation and development, may also be included with the GMP. Consistent with NPS Planning Program Standards, the new GMP will: (1) Describe the Reserve's purpose, significance, and primary interpretive themes; (2) identify the fundamental resources and values of the Reserve, its other important resources and values, and describe the condition of these resources; (3) describe desired conditions for cultural and natural resources and visitor experiences throughout the Reserve; (4) develop management zoning to support these desired conditions; (5) develop alternative applications of these management zones to the Reserve's landscape (i.e. zoning alternatives); (6)

Under the provisions of the Paperwork Reduction Act of 1995 and 5 CFR part 1320, Reporting and Recordkeeping Requirements, the National Park Service (NPS) invites public comments on an extension of a currently approved collection of information (OMB 1024- 0226).

Notice is hereby given that the boundary of Catoctin Mountain Park in Frederick County, Maryland is modified to include one tract of land adjacent to the park. This revision is made to include privately owned property that the National Park Service wishes to acquire. The National Park Service has determined that inclusion of the tract within the park's boundary will make significant contributions to the purposes for which the park was established. After the United States' acquisition of the tract, the National Park Service will manage the property in accordance with applicable law.

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 and implementation of the Park's general management plan.

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 2009-10 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.

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM Montana State Office, Billings, Montana, (30) days from the date of publication in the Federal Register.

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(2), the Bureau of Land Management (BLM) received a petition for reinstatement from Anadarko Petroleum Corporation and Lance Oil & Gas Company for noncompetitive oil and gas lease WYW144810 for land in Johnson 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 (Department) gives notice that the Acting Principal Deputy Assistant SecretaryIndian Affairs (PDAS- IA) proposes to determine that the petitioner known as the Brothertown Indian Nation is not an Indian tribe within the meaning of Federal law. This notice is based on a determination that the petitioner does not satisfy all seven of the criteria set forth in the applicable regulations, and, therefore, does not meet the requirements for a government- to-government relationship with the United States.