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

We, the U.S. Fish and Wildlife Service (Service), announce the availability of our draft recovery plan for the southwest Alaska Distinct Population Segment (DPS) of the northern sea otter (Enydra lutris kenyoni), listed as threatened under the Endangered Species Act of 1973, as amended (Act). Our recovery plan describes the status, current management, recovery objectives and criteria, and specific actions needed to enable us to delist the southwest Alaska DPS. We request review and comment on our plan from local, State, and Federal agencies and the public. We will also accept any new information on the species' status throughout its range.

The Bureau of Indian Affairs (BIA), as lead agency, and the National Indian Gaming Commission, the City of Calexico, and the Manzanita Band of Kumeyaay Indians as cooperating agencies, intend to file a Draft Environmental Impact Statement (DEIS) with the Environmental Protection Agency (EPA) for the Tribe's proposed 60.8- acre fee-to-trust transfer and casino project to be located in Calexico, California, and that the DEIS is now available for public review and comment. This notice provides a 75-day public comment period, which adds a 30-day extension to the normal 45-day public comment period.

The Department of the Interior (DOI), Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) is announcing its intent to conduct a broad review of its categorical exclusions (CEs) for Outer Continental Shelf (OCS) decisions. This review is being conducted in accordance with section 102 of the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4332; the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, 40 CFR parts 1500-1508 (Nov. 1978); the CEQ Draft Guidance on Establishing and Applying Categorical Exclusions under NEPA (February 18, 2010); and consistent with recommendations provided by CEQ in their ``Report Regarding the Minerals Management Service's National Environmental Policy Act Policies, Practices, and Procedures as They Relate to Outer Continental Shelf Oil and Gas Exploration and Development'' (August 16, 2010). Furthermore, this notice provides the public an opportunity to comment on the issues that should be addressed by BOEMRE during the review of its CEs and their application to OCS decisionmaking. The BOEMRE will use and coordinate a commenting process to ensure public involvement. Authority: The National Environmental Policy Act (NEPA) of 1969, as amended, established a national policy to protect the environment and also established the President's Council on Environmental Quality (CEQ). CEQ regulations at 40 CFR 1507.3 require Federal agencies to adopt procedures to implement NEPA, to consult with CEQ during their development, to provide an opportunity for public review, and to revise procedures as necessary to ensure full compliance with the purposes and provisions of the Act. The CEQ regulations are available at https:// ceq.hss.doe.gov/nepa/regs/ceq/tocceq.htm. The Department of the Interior NEPA procedures were promulgated as regulations and published in the Federal Register on October 15, 2008 (73 FR 61292). They can be found at (https://www.doi.gov/oepc/nepafr/ docs/Federal%20Register%20October%2015,%202008%20NEPA.pdf). These regulations identify categories of actions taken throughout the Department that under normal circumstances do not have, and are not expected to have, significant individual or cumulative environmental impacts; therefore, the Bureau is not required to prepare an environmental assessment or environmental impact statement. These regulations also identify the extraordinary circumstances which nullify the use of the CE in particular circumstances. The CEQ regulations define ``categorical exclusion'' at 40 CFR 1508.4:

In accordance with the Federal Lands Recreation Enhancement Act (REA), the Upper Snake Field Office will begin collecting fees for the day use area and a fee for use of the Recreational Vehicle dump station at Egin Lakes Access Recreation Site (Egin). The day use fee will be $5 per day for the use of the area, and $10 per use of the recreational vehicle dump station. A $60 season pass will be available. The site is located in Fremont County, Idaho.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species, marine mammals, or both. With some exceptions, the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibits activities with listed species unless a Federal permit is issued that allows such activities. Both laws require that we invite public comment before issuing these permits.

The Bureau of Land Management (BLM) hereby notifies the public that it will hold a public meeting to consider a proposal to exchange Federal coal deposits for Alluvial Valley Floor (AVF) fee coal pursuant to the Federal Land Policy and Management Act (FLPMA) of 1976, as amended, and the Surface Mining Control and Reclamation Act (SMCRA) of 1977. This exchange (serial number MTM-99236) has been proposed by Jay Nance, Brett A. Boedecker, as personal representative for Susanne N. Boedecker, Joseph P. Hayes, Patricia Hayes Rodolph, and the Brown Cattle Company Shareholders Coal Trust, collectively referred to as Nance-Brown.

We, the U.S. Fish and Wildlife Service (Service), designate final revised critical habitat for Navarretia fossalis (spreading navarretia) under the Endangered Species Act of 1973, as amended. In total, approximately 6,720 acres (ac) (2,720 hectares (ha)) of habitat in Los Angeles, Riverside, and San Diego Counties, California, fall within the boundaries of the critical habitat designation. This final rule constitutes an overall increase of approximately 6,068 ac (2,456 ha) from the 2005 critical habitat designation for N. fossalis.

The Bureau of Land Management (BLM) is removing portions of two regulations in order to characterize accurately the current status of two programs that have been terminated. In the past, the programs reduced royalty rates for stripper well properties and for heavy oil properties, so that Federal lessees would have incentives to keep economically marginal oil wells in production. This rule provides for record retention and correction of errors in calculation of royalties requirements that enable the Office of Natural Resources Revenue (ONRR) to continue to verify that royalties associated with past production were correctly paid.

These guidelines set forth best practices that we, the Fish and Wildlife Service, find are appropriate for safely and nonlethally deterring polar bears from damaging private and public property and endangering the public. Anyone deciding to carry out the deterrence measures or practices set out in this rule may do so without our written authorization or supervision. As discussed in the background section of the proposed rule (75 FR 21571) as well as in our responses to public comments, we authorize other, more aggressive deterrence activities through separate provisions of the Marine Mammal Protection Act. This rule is being promulgated to better inform the public on the safe deterrence of polar bears as directed under the MMPA and not because of specific or recurring incidences.

The Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) is giving notice of its intent to publish a Supplemental Environmental Impact Statement for Outer Continental Shelf (OCS) Oil and Gas Lease Sale 193 in the Chukchi Sea Planning Area, Alaska. This Supplementary EIS will provide new analysis in response to a remand by the United States District Court for the District of Alaska.

This notice publishes approval of the State of Oklahoma Cherokee Nation Off-Track Wagering Compact.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits activities with listed species unless a Federal permit is issued that allows such activities. The ESA requires that we invite public comment before issuing these permits.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft comprehensive conservation plan (CCP) and environmental assessment (EA) for Iroquois National Wildlife Refuge (NWR) for a 30-day public review and comment period. In this draft CCP/ EA, we describe three alternatives, including our Service-preferred Alternative B, for managing this refuge for the next 15 years. Also available for public review and comment is the draft compatibility determinations, which is included as Appendix A in the draft CCP/EA.

Pursuant to Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 81-190 as amended), the National Park Service (NPS), Department of the Interior, has prepared a Final Environmental Impact Statement (Final EIS) for the Warner Valley Comprehensive Site Plan. This conservation planning effort has four main objectives: (1) Improving visitor experience and enhancing public safety through improvements to infrastructure and relocating infrastructure so it is less visible; (2) Ecological restoration of Warner Valley fen and wetland areas; (3) Removal or repair of Dream Lake Dam and restoration of associated riparian/wetland complex; (4) Protect and enhance the Drakesbad Historic District through removal of non-contributing structures and functions. The Final EIS evaluates alternative methods for accomplishing ecological restoration and cultural resource protection; appropriate mitigation measures are incorporated, and an ``environmentally preferred'' course of action is identified. Background: Warner Valley is located in the south central part of the Lassen Volcanic National Park, and encompasses the 400-acre project planning area. This area includes Dream Lake Dam, built in 1932 by Alex Sifford, which impounds an approximately 2.7-acre lake. The center of the valley features a large meadow that contains one of the largest known fens in the Sierra Nevada and Cascade mountains. The upper valley area was originally developed for cattle ranching in the late 1800s by E.R. Drake, who initiated efforts to ditch and dry out the wet meadow to improve the grazing for cattle. In 1900, Mr. Drake sold his Warner Valley property to the Sifford family who focused on developing a summer guest ranch for the next 50 years. The Siffords built the 10 structures which now form the core of Drakesbad Guest Ranch Historic District (both Dream Lake and the meadow are contributing features). They transformed overnight accommodations from tent camping near hot springs into a guest ranch. The Siffords also built or improved trails, created a hot spring-fed pool, constructed corrals, further dewatered the meadow, and constructed the impoundment to create the lake for their guests. In 1958 the facilities and land were sold to the NPS. The Guest Ranch continues today as a concession operated by California Guest Services. The current Drakesbad wetland conditions include a fen which is drying out and ceasing to function as a fen, and Dream Lake, which has submerged a natural wetland. The Historic District has accumulated many features and structures which diminish its historic character. Lack of clearly demarcated parking affects natural resources by allowing car traffic to encroach in sensitive areas. Hikers traveling the Pacific Crest Trail must walk on the unimproved Warner Valley Road, which also passes through the nearby campground. Range of Alternatives: The Final EIS describes and analyzes a ``no action'' alternative (Alternative 1) which would continue current management practices, and two ``action'' alternatives. Alternatives 2 and 3 contain a varying mix of three major components: (1) Enhancing visitor experience and safety through improving or relocating non- essential infrastructure so it has less impact on park visitor experience and historic district qualities; (2) ecological restoration of wetlands including Drakesbad fen, the larger Warner Valley fen wetland, and Dream Lake submerged riparian/wetland complex; (3) protecting and enhancing the Historic District by removing non- contributing structures and functions. Both ``action'' alternatives include the following common elements: Move concession employee housing, storage, generator, and propane tanks out of the Historic District and into a new service area. Create a Pacific Crest Trail connection so hikers may avoid walking along Warner Valley road. Renovate and slightly expand the non-historic bathhouse adjacent to the swimming pool. Reduce parking sprawl by replacing inadequate wheel stops. Make minor changes to the campground and fee station location, including relocation of the day use/trailhead parking from a meadow to the campground. Alternative 2 (agency preferred) components include: (a) Ecological restoration of Warner Valley fen through permanently filling ditches with appropriate soil and native material; (b) creation of a concession housing and service center outside of the Historic District composed of tent cabins surrounding a single-story bathroom building; (c) removal of Dream Lake Dam and allowing the area to revert to a riparian/wetland complex. In addition, a change to Alternative 2 (as was presented in the Draft EIS) has been incorporated, in response to public comment and further staff analysis, which is as follows: relocate, rather than eliminate, the volleyball court to a location adjacent to the pool. This change is intended to protect historic viewsheds yet maintain a range of recreational activities for Guest Ranch visitors. This alternative has also been deemed to be ``environmentally preferred''. Alternative 3 includes: (a) Restoration of Warner Valley fen through selective damming of ditches; (b) creation of a concession housing and service center outside the Drakesbad Historic District composed of a two-story dormitory building with bathrooms; (c) reconstruction of Dream Lake Dam to Bureau of Reclamation engineering standards. There are no changes to this alternative. Public Involvement and Agency Coordination: The original public scoping effort focused on a proposed Dream Lake Dam Management Plan. Preliminary meetings were held during November 4-7, 2002, in Chico, Red Bluff, Redding, and Chester. Meeting announcements were printed in the Red Bluff Daily News, Chester Progressive, Redding Record Searchlight, and the Sacramento Bee (twenty additional media outlets, including newspaper, radio stations, and television stations were also notified). Formal public scoping for this Management Plan was announced in the Federal Register on April 4, 2003. This initial conservation planning effort was expanded into the broader Warner Valley Comprehensive Site Plan as it became apparent that separate planning projects would be more time consuming to accomplish. Preliminary scoping for the Warner Valley Comprehensive Site Plan was initiated on June 1, 2004, with solicitations at the Drakesbad Guest Ranch Lodge for comments about potential future management options for the upper valley area. Public meetings for the Comprehensive Site Plan were held during June 13-15, 2005, in Red Bluff, Chester, and Vacaville. The same media outlets mentioned above were notified, and approximately 700 public scoping announcements were distributed. Formal scoping was initiated on June 24, 2005, with publication in the Federal Register of the Notice of Intent to prepare an EIS. These outreach activities elicited information from individuals, agencies, and organizations, which aided the alternatives formulation and environmental impact analysis processes; all comments obtained throughout the extended scoping effort are available in the administrative record. On August 21, 2009, the Warner Valley Comprehensive Site Plan/Draft Environmental Impact Statement (Draft EIS) was released for a 90-day public review period, closing on November 21, 2009. Three public open houses were hosted; on September 2 in Chester, September 3 in Anderson, and September 8 in Vacaville. Copies of the Draft EIS were available for review at local libraries and the open houses, and an electronic version was posted at both Lassen Volcanic National Park's Web site https://www.nps.gov/lavo/parkmgmt/index.htm and the NPS Planning, Environment and Public Comment Web site https://parkplanning.nps.gov. A total of 33 comment letters were received, including from Greenville Rancheria, the Environmental Protection Agency, the Federal Emergency Management Agency, the California Regional Water Quality Control Board, the Northern Sierra Air Quality District, the Almanor Basin Fire Safe Council, and assorted letters from groups and individuals. Topics mentioned most frequently included: Restoration of Drakesbad Meadow; removal of Dream Lake Dam; alternative energy use; changes to campgrounds and redesign of trails and pathways; proposed new concessioner employee housing; and relocation of the volleyball court. Personal letters conveyed opinions both in favor and against actions proposedsome of these comments arose out of interest in preserving Drakesbad Guest Ranch in its present condition without any significant changes. Agencies provided information regarding regulatory requirements and permitting. Comments and responses are detailed in Chapter 6 of the Final EIS. Supplementary Information: The Final EIS will be distributed in the same manner as the Draft EIS. In addition to this announcement, availability of the document will be publicized through local and regional press media. The document will be available at park headquarters and at local public libraries, and an electronic version will also be posted on the Lassen Volcanic National Park and NPS Web sites (see above). New requests for the document can be made at (530) 595-4444 extension 5101 or lavo_planning@nps.gov. Not sooner than thirty days after the Federal Register notice by the Environmental Protection Agency of availability of the Final EIS, a Record of Decision may be prepared. As a delegated EIS, the official responsible for approval of the Comprehensive Site Plan is the Regional Director, Pacific West Region. The official subsequently responsible for implementation will be the Superintendent, Lassen Volcanic National Park.

On May 19, 2010, the Secretary of the Interior separated the responsibilities previously performed by the former Minerals Management Service (MMS) and reassigned those responsibilities to three separate organizations. As part of this reorganization, the Secretary renamed MMS's Minerals Revenue Management Program (MRM) the Office of Natural Resources Revenue (ONRR) and directed that ONRR transition to the Office of the Assistant SecretaryPolicy, Management and Budget (PMB). This change requires reorganization of title 30 of the Code of Federal Regulations (30 CFR). This direct final rule amends chapter II in 30 CFR, establishes a new chapter XII in 30 CFR, removes certain regulations from chapter II, and recodifies them in the new chapter XII.

Under the Oil Pollution Act (OPA), Federal and State trustees for natural resources are authorized to assess natural resource injuries resulting from an oil discharge or the substantial threat of discharge, as well as response activities, and develop and implement a plan for restoration. This notice announces the intent of Federal and State trustees to conduct restoration planning regarding the discharge of oil from the Deepwater Horizon Mobile Offshore Drilling Unit and the Subsea Macondo Well into the Gulf of Mexico, an incident that occurred on or about April 20, 2010.

We, the Fish and Wildlife Service (Service), announce the availability of our final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment for Carolina Sandhills National Wildlife Refuge (NWR). In the final CCP, we describe how we will manage this refuge for the next 15 years.

This notice publishes the current list of 564 tribal entities recognized and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian tribes. The list is updated from the notice published on August 11, 2009 (74 FR 40218).

Under the National Environmental Policy Act of 1969 (NEPA), the Federal Land Policy and Management Act of 1976 (FLPMA) and associated regulations, the Bureau of Land Management (BLM) has prepared a Draft Environmental Impact Statement (EIS) that evaluates, analyzes, and discloses to the public direct, indirect, and cumulative environmental impacts of a proposal to develop natural gas in Uintah and Duchesne Counties, Utah. This notice announces a 45-day public comment period to meet the requirements of the NEPA and Section 106 of the National Historic Preservation Act.

We, the U.S. Fish and Wildlife Service, propose to revise the regulations regarding permit provisions for waterfowl. Specifically, we propose to revise certain permit provisions for the muscovy duck (Cairina moschata) at 50 CFR 21.14, 21.25, and 21.54. We take this action to address public concerns resulting from a final rule we published on March 1, 2010 (75 FR 9316), that revised the regulations for the muscovy duck. We request comments from the public on these proposed changes to the regulations.