Department of the Interior December 28, 2010 – Federal Register Recent Federal Regulation Documents

Pursuant to its authority under the Outer Continental Shelf Lands Act (``OCSLA''), 43 U.S.C. 1331 et seq., as amended; and the Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf Rules, 30 CFR part 285 (``Rule''), BOEMRE has issued a Commercial Lease (``Lease'') for an area of approximately 46 square miles on the OCS in Nantucket Sound off the coast of Cape Cod, Massachusetts. This NOA is being published to announce the availability of the Lease in accordance with the requirements of 30 CFR 285.231. The Lease is for the Cape Wind Energy Project (``Project'') which grants Cape Wind Associates, LLC, (``CWA'') the exclusive right to conduct certain activities within the leased area, subject to the terms and conditions of the Lease, and applicable laws and regulations. The Lease requires CWA to pay $88,278 in annual rent prior to production, and a two to seven percent operating fee rate following the start of production during the 33-year lease (a 5-year site assessment term and a 28-year commercial operations term). The rent and operating fee are based on the requirements set forth in 30 CFR part 285, subpart E. The Project plan calls for 130 wind turbines capable of generating a maximum electric output of 468 megawatts with an anticipated average output of 183 megawatts. Construction and operation of the Project cannot begin until BOEMRE reviews and approves plans submitted by CWA that detail construction and operation of the Project in accordance with the Rule.

The Bureau of Reclamation is reopening the review period for the HRA for another 30 days from the date of publication of this Notice. The notice of availability of the HRA was published in the Federal Register on November 4, 2010 (75 FR 67993). The public review period was originally to end on December 6, 2010.

The Department of the Interior, Bureau of Reclamation (Reclamation) and the San Luis & Delta-Mendota Water Authority propose to prepare a joint EIS/EIR to analyze the effects of water transfers from water agencies in northern California to water agencies south of the Sacramento-San Joaquin Delta (Delta) and in the San Francisco Bay Area. The EIS/EIR will address transfers of Central Valley Project (CVP) and non-CVP water supplies that require use of CVP or State Water Project (SWP) facilities to convey the transferred water. Water transfers would occur through various methods, including, but not limited to, groundwater substitution and cropland idling, and would include individual and multiyear transfers from 2012 through 2022.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), and the Council on Environmental Quality regulations (40 CFR Parts 1500-1508), the Department of the Interior, National Park Service (NPS) has prepared and approved a Record of Decision (ROD) for the Final Environmental Impact Statement (Final EIS) for the Cape Hatteras National Seashore (Seashore) Off-Road Vehicle (ORV) Management Plan. The ROD documents the decision by the NPS to implement Alternative F: NPS Preferred Alternative (the ``selected action''). The selected action is necessary to regulate ORV use at the Seashore in a manner that is consistent with applicable law, and appropriately addresses resource protection (including protected, threatened, or endangered species), potential conflicts among the various Seashore users, and visitor safety. The selected action provides the basis for a proposed special regulation for ORV use at the Seashore. Section 4.10(b) of the NPS regulations in Title 36 of the Code of Federal Regulations (CFR), which implements Executive Orders 11644 and 11989, prohibits ORV use except on routes and areas designated in a special regulation. The ORV plan and special regulation are necessary to provide continued visitor access through the use of ORVs. The intended effects or objectives of this action are to: Minimize impacts from ORV use to soils and topographic features, for example, dunes, ocean beach, wetlands, tidal flats, and other features; Provide protection for threatened, endangered, and other protected species (e.g., state-listed species) and their habitats, and minimize impacts related to ORV and other uses as required by laws and policies, such as the Endangered Species Act, the Migratory Bird Treaty Act, and NPS laws and management policies; Minimize impacts to native plant species from ORV use; Minimize impacts to wildlife species and their habitats from ORV use; Protect cultural resources such as shipwrecks, archeological sites, and cultural landscapes from impacts related to ORV use; Ensure that ORV operators are informed about the rules and regulations regarding ORV use at the Seashore; Manage ORV use to allow for a variety of visitor use experiences; Minimize conflicts between ORV use and other uses; Ensure that ORV management promotes the safety of all visitors; Identify operational needs and costs to fully implement an ORV management plan; Identify potential sources of funding necessary to implement an ORV management plan; Provide consistent guidelines, according to site conditions, for ORV routes, ramps, and signage; Identify criteria to designate ORV use areas and routes; Establish ORV management practices and procedures that have the ability to adapt in response to changes in the Seashore's dynamic physical and biological environment; Establish a civic engagement component for ORV management; Establish procedures for prompt and efficient public notification of beach access status, including any temporary ORV use restrictions, for such things as ramp maintenance, resource and public safety closures, storm events, etc; Build stewardship through public awareness and understanding of NPS resource management and visitor use policies and responsibilities as they pertain to the Seashore and ORV management.