Department of the Interior September 2010 – Federal Register Recent Federal Regulation Documents

The plats of survey of the following described lands are scheduled to be officially filed in the Bureau of Land Management Oregon/Washington State Office, Portland, Oregon, 30 days from the date of this publication.

In accordance with the National Environmental Policy Act, 42 U.S.C. 4321, (NEPA), and applicable regulations and policies, the National Park Service (NPS) and the United States Secret Service (USSS), as joint lead agencies, are preparing an Environmental Assessment (EA). The EA will aid the USSS in deciding whether to permanently close E Street, South Executive Avenue, and the Ellipse roadways within President's Park South to unauthorized vehicular traffic, and State Place and West South Executive Avenue and adjacent sidewalks (contiguous to First Division Monument) and Hamilton Place and East South Executive Avenue and adjacent sidewalks (contiguous to Sherman Park) to unauthorized vehicular and unauthorized pedestrian traffic. The EA will further inform the USSS as it considers replacing existing security elements in the area, such as jersey barriers, provisional guard booths, canopy tents, bike rack, concrete planters and standing canine vehicles. These security elements, while effective, are visually unattractive and may detract from the iconic and historic nature of the area. The USSS would seek to install security elements that are both durable and more aesthetic at the vehicle checkpoints and along the street closures. The NPS will utilize the EA to assist in its consideration of landscape and infrastructure changes to President's Park South that respond to USSS security requirements and conform to the area's historic features, its iconic status and popularity as a visitor destination. The National Capital Planning Commission (NCPC) is a cooperating agency in this EA and is assisting in the development of potential alternatives by holding a limited competition for design concepts that integrate USSS security requirements and NPS cultural landscape preservation policies and guidelines. Other government agencies are invited to serve as cooperating agencies. Interested agencies are asked to contact the Office of the National Park Service Liaison to the White House at (202) 619-6344 at the NPS as early as possible in this process. Compliance with the National Historic Preservation Act (NHPA), including NHPA Section 106, and other laws and requirements, will be coordinated with this EA process, and government agencies that are affected by the proposed actions or have special expertise will be consulted, whether or not they are cooperating agencies. This notice also serves as an announcement of scoping on both proposed actions, and comments are sought from the public, government agencies and other interested persons and organizations. Scoping is used to gain insight into the issues to be addressed and to identify other significant issues related to the proposed actions. For comments to be most helpful to the scoping process, they must be received within 45 days of this notice. During scoping, a public meeting will be held to present information and obtain input from attendees. The NPS and USSS will describe the proposed actions and how the planning will be conducted, and NCPC will describe the design concepts competition it is conducting. All comments submitted during scoping, including at the meeting, will be considered by both the NPS and USSS. The date for the public meeting will be announced through the news media and through the National Park Service's Planning, Environment and Public Comment Web site. [When the meeting date is announced, if you require additional information or special assistance to attend and participate in this meeting, please contact the Office of the National Park Service Liaison to the White House at (202) 619-6344.] There is always the possibility that the NPS and USSS might proceed to prepare an Environmental Impact Statement (EIS) for the proposed actions instead of an EA. If this occurs, comments submitted now will be considered for any EIS that is developed.

In accordance with the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM) and U.S. Department of Agriculture, Forest Service (Forest Service) Santa Rosa and San Jacinto Mountains National Monument Advisory Committee (MAC) will meet as indicated below.

As required by 43 CFR 2650.7(d), notice is hereby given that the Bureau of Land Management (BLM) will issue an appealable decision approving the conveyance of surface estate for certain lands to Eklutna, Inc., pursuant to the Alaska Native Claims Settlement Act. The subsurface estate in these lands will be conveyed to Cook Inlet Region, Inc. when the surface estate is conveyed to Eklutna, Inc. The lands are in the vicinity of Birchwood, Alaska, and are located in:

The Bureau of Land Management (BLM) in Idaho is proposing a supplementary rule that would require anyone bringing or anyone feeding or storing forage or straw on BLM-administered land when using BLM public lands in Idaho to use certified noxious-weed-free forage and straw. Restoration, rehabilitation, and stabilization projects also will be required to use weed-free straw bales and mulch for project work. This action is a cooperative effort between the BLM, the U.S. Forest Service (USFS), and the Idaho State Department of Agriculture (ISDA), and supports Idaho State noxious weed laws.

The U.S. Fish and Wildlife Service (``we'' or ``the Service'') is proposing a permit regulation to authorize the possession and use of migratory birds in educational programs and exhibits. The proposed rule also would revise existing regulations authorizing public exhibition of eagles. In addition, it would remove the permit exemption for some public institutions for possession of live migratory birds and migratory bird specimens, and clarify that birds held under the exemption must be used for conservation education. For specimens such as feathers, parts, carcasses, nonviable eggs, and nests, the regulations would be updated and clarified to more accurately reflect the types of institutions that may hold specimens for public educational purposes. The regulations would allow exempt institutions to transfer migratory birds to individuals and entities authorized by permit to possess them. Sale and purchase by permittees and exempt institutions would be restricted to properly-marked, captive-bred birds.

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, on October 20, 2010.

In accordance with the National Environmental Policy Act of 1969, as amended, and the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM) has prepared a Draft Resource Management Plan Amendment and Environmental Assessment (RMPA/EA) for the Buffalo Field Office (BFO) and by this notice is announcing the opening of the comment period. The RMPA/EA will amend the 1985 Buffalo Resource Management Plan. The BLM also announces the availability of information regarding a proposed Area of Critical Environmental Concern (ACEC) considered in the Draft RMPA/EA.

This order extends the duration of two withdrawals created by Public Land Order Nos. 6801 and 6812 for an additional 20-year period. The extensions are necessary to continue to protect valuable facilities and improvements associated with the Smithsonian Institution's Fred Lawrence Whipple Observatory and Base Camp site.

The U.S. Fish and Wildlife Service (Service) announces the availability of a draft revised recovery plan for the Utah prairie dog (Cynomys parvidens). This species is federally listed as threatened under the Endangered Species Act of 1973, as amended (Act). The Service solicits review and comment from the public on this draft revised plan.

Under the National Environmental Policy Act (NEPA), the U.S. Fish and Wildlife Service (Service) is advising the public of the availability of the final Environmental Impact Statement (FEIS) associated with an application received from the Oregon Parks and Recreation Department (OPRD) for an incidental take permit (permit) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). We also announce the availability of the OPRD Habitat Conservation Plan (HCP) as required by section 10(a)(2)(B) of the ESA. OPRD submitted the HCP, as well as a proposed Implementing Agreement (IA), as part of its incidental take permit application. If issued, the permit would authorize incidental take of the federally listed as threatened western snowy plover (Charadrius alexandrinus nivosus) caused by the OPRD and private landowners that engage in activities related to public use and recreation, beach management, and resource management activities along Oregon's coastal shores. The OPRD is requesting a 25-year permit term. We request comments from the public on the permit application, the HCP, the IA, and the FEIS, all of which are available for review. The Service is furnishing this notice to allow other agencies and the public an opportunity to review and comment on these documents. All comments received will become part of the public record and will be available for review pursuant to section 10(c) of the ESA. For locations to review the documents, please see the Availability of Documents section below.

We, the U.S. Fish and Wildlife Service (Service), are reviewing a petition to list, under the Lacey Act, all live amphibians or their eggs in trade as injurious unless certified as free of Batrachochytrium dendrobatidis (chytrid fungus). The importation and introduction of live amphibians infected with chytrid fungus into the natural ecosystems of the United States may pose a threat to interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States. An injurious wildlife listing would prohibit the importation of live amphibians or their eggs infected with chytrid fungus into, or transportation between, States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States by any means, without a permit. We may issue permits for scientific, medical, educational, or zoological purposes. This document seeks information from the public to aid in determining if a proposed rule is warranted.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of our draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for the Pearl Harbor National Wildlife Refuge (refuge) for public review and comment. The Draft CCP/ EA describes our proposal for managing the refuge for the next 15 years.

We, the Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for the Savannah Coastal Refuges' Complex (Complex) for public review and comment. In this Draft CCP/EA, we describe the alternative we propose to use to manage this Complex for the 15 years following approval of the final CCP. The Complex consists of the following refuges: Pinckney Island; Savannah; Tybee; Wassaw; Harris Neck; Blackbeard Island; and Wolf Island. A separate CCP was prepared for the Wolf Island National Wildlife Refuge.

Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement from Chesapeake Exploration LLC and Khody Land & Minerals Company for competitive oil and gas lease WYW149955 for land in Converse 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.

We, the U.S. Fish and Wildlife Service, announce the availability of the Draft Revised Recovery Plan for the Northern Spotted Owl (Strix occidentalis caurina), a northwestern U.S. species listed as threatened under the Endangered Species Act (Act). The Act requires the development of recovery plans for listed species, unless such a plan would not promote the conservation of a particular species. Recovery plans help guide conservation efforts by describing actions considered necessary for the recovery of the species, establishing criteria for downlisting or delisting listed species, and estimating time and cost for implementing the measures needed for recovery. We invite public review and comment on the Draft Revised Recovery Plan.

This final rule amends the Bureau of Land Management (BLM) mineral resources regulations to update some fees that cover the BLM's cost of processing certain documents relating to its mineral programs and some filing fees for mineral-related documents. These updates include fees for actions such as lease renewals and mineral patent adjudications. This rule also moves the oil shale cost recovery fee amounts from the rule text to the general cost recovery fee table so that mineral cost recovery fees can be found in one location.

The Assistant Secretary of the Interior for Land and Minerals Management proposes to withdraw, on behalf of the Bureau of Land Management (BLM), approximately 507 acres of reserved Federal minerals from the United States mining laws including the mineral and geothermal leasing and mineral materials laws, and 332,421 acres of Federal lands from settlement, sale, location, and entry under the public land laws, including the United States mining laws, and the mineral and geothermal and mineral materials laws for a period of 5 years. The withdrawal would protect the lands and preserve the status quo of the lands and mineral estate included in the proposed training land acquisition/ airspace establishment project of the United States Marine Corps (USMC) Air Ground Combat Center (MCAGCC), Twenty-nine Palms, California, pending the processing of an application for withdrawal for military purposes under the Engle Act. The application also includes 43,315 acres of non-Federal lands located within the proposed boundaries of the proposed withdrawal areas, and in the event that they return to Federal ownership in the future, the lands would be subject to the terms and conditions described below. The Federal and non-Federal lands are located in San Bernardino County.

We, the U.S. Fish and Wildlife Service, announce the revised taxonomy of Lesquerella filiformis (Missouri bladderpod), Sedum integrifolium ssp. leedyi (Leedy's roseroot), and Mimulus glabratus var. michiganensis (Michigan monkey-flower) under the Endangered Species Act of 1973, as amended (Act). We are revising the List of Endangered and Threatened Plants to reflect the current scientifically accepted taxonomy and nomenclature of these species. We revise the scientific names of these species as follows: Physaria filiformis (=Lesquerella f.), Rhodiola integrifolia ssp. leedyi (=Sedum integrifolium ssp. l.), and Mimulus michiganensis (=M. glabratus var. michiganensis), respectively.