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

In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972 (FACA), the Department of the Interior, Bureau of Land Management (BLM) Nevada will hold a joint meeting of its three Resource Advisory Councils (RACs), the Sierra Front-Northwestern Great Basin RAC, the Northeastern Great Basin RAC, and the Mojave-Southern Great Basin RAC in Sparks, Nevada. The meeting is open to the public and a public comment period will be available.

The Bureau of Land Management (BLM) proposes the sale of 26 parcels of public lands totaling 1,543.14 acres in Bear Lake County, Idaho, under the authority of the Federal Land Policy and Management Act of 1976 (FLPMA) at no less than the appraised fair market value. This notice segregates the lands being considered for sale from all forms of appropriation under the public land laws, including the mining laws, except the sale provisions of the FLPMA for a period of up to 2 years.

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:

This notice advises the public that we, the U.S. Fish and Wildlife Service (Service), have received applications for incidental take permits pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act) from the County of Santa Clara; Cities of San Jose, Gilroy, and Morgan Hill; Santa Clara Valley Transportation Authority, and Santa Clara Valley Water District (Applicants). The Applicants prepared the Draft Santa Clara Valley Habitat Conservation Plan and Natural Community Conservation Plan (HCP/NCCP) pursuant to section 10(a)(1)(B) of the Act and the California Natural Community Conservation Planning Act of 2002 (NCCPA). This notice announces the availability of the permit applications, Draft HCP/NCCP, Draft Implementing Agreement (IA), and Draft Environmental Impact Report/Environmental Impact Statement (EIR/EIS) for public review and comment. The Service is considering the issuance of a 50-year incidental take permit for 21 Covered Species in a 509,883-acre Permit Area. A seventh applicant will also be considered for permit coverage; the Implementing Entity (likely a joint powers agency) that will form prior to permit issuance. The Implementing Entity is described in the Draft HCP/NCCP and Draft IA and would be composed of representatives from each of the Applicants. The Applicants are requesting a permit to incidentally take 11 animal species and are seeking assurances for 10 plant species. The permit is needed because take of species could occur as a result of proposed Covered Activities.

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) prohibit 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.

We, the U.S. Fish and Wildlife Service (Service/USFWS), announce a 12-month finding on a petition to list Astragalus microcymbus (skiff milkvetch) and Astragalus schmolliae (Schmoll's milkvetch) as endangered or threatened, and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After a review of all the available scientific and commercial information, we find that listing A. microcymbus and A. schmolliae is warranted. However, currently listing of A. microcymbus and A. schmolliae is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add A. microcymbus and A. schmolliae to our list of candidate species. We will make any determinations on critical habitat during development of the proposed listing rule. In any interim period, the status of the candidate taxon will be addressed through our annual Candidate Notice of Review.

This is a first notice for the public to comment on the next potential U.S. nominations from the U.S. World Heritage Tentative List to the United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage List, and on possible additions to the Tentative List. This notice complies with 36 CFR 73.7(c). The U.S. World Heritage Tentative List (formerly referred to as the Indicative Inventory) appears at the end of this notice. The current Tentative List was transmitted to the UNESCO World Heritage Centre on January 24, 2008, and includes properties that appear to qualify for World Heritage status and which may be considered for nomination by the United States to the World Heritage List. Any property nominated to the World Heritage List must have been on the Tentative List for at least a year prior to its nomination, according to the Operational Guidelines of the World Heritage Committee. The preparation of the Tentative List provides multiple opportunities for the public to comment on which sites to include, as part of a process that also included recommendations by the U.S. National Commission for UNESCO, a Federal Advisory Commission to the U.S. Department of State. The U.S. Department of the Interior is now considering whether to nominate any of the properties on the Tentative List to the World Heritage List. The Department will consider public comments received during this comment period and the advice of the Federal Interagency Panel for World Heritage in making a final decision on future nominations. Comments may also be made on suggestions for additions to the Tentative List, although the Department is not required to make additions to the List.

Pursuant to the National Environmental Policy Act of 1969, (NEPA) 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of the Abbreviated Final Environmental Impact Statement for the Long Walk National Historic Trail Feasibility Study, National Trails Intermountain Region, New Mexico. Four alternatives and their respective environmental consequences were presented in the feasibility study. Under alternative A, the no- action alternative, current practices and policies would continue. A national historic trail would not be designated, and interpretation and protection of Long Walk-related events and resources would not be coordinated. Under alternative B, Congress would designate two national historic trails (dual designations) to emphasize the unique removal experiences of the Mescalero Apache and Navajo tribes within the contextual history. An auto tour route would be established. Interpretation and education would emphasize the distinctive tribal and individual removal histories. Under alternative C (Environmentally Preferable Alternative) one national historic trail would be designated, emphasizing the removal experiences common to both tribes. An auto tour route would be established. Interpretation and education would emphasize overviews of the Long Walk events. Under alternatives B and C, the Secretary of the Interior would administer the trail through partnerships, primarily with the Mescalero Apache Tribe and Navajo Nation. Under alternative D, Congress would provide a grant program to the tribes focusing on interpretation and education projects and resource protection on tribal lands. All decisions about strategy, level of protection, etc., would be made by the tribes. A national historic trail would not be designated. No other alternatives were considered during the course of the study. The feasibility study determined the Long Walk routes fully meet the criteria for designation as national historic trails. The overall nature of public comments during the review period for the draft study supported designation. Neither the draft feasibility study nor the abbreviated final environmental impact statement identified a preferred alternative. The National Park Service has subsequently identified Alternative A, the no-action alternative, to be the preferred alternative after requesting and considering comments on the draft plan from the Navajo Nation.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft economic analysis (DEA) for the June 3, 2010, proposed designation of critical habitat for the Mississippi gopher frog (Rana sevosa) [= Rana capito sevosa] under the Endangered Species Act of 1973, as amended (Act). We also announce the reopening of the comment period and an amended required determinations section of the proposal. We are reopening the comment period for an additional 30 days to allow all interested parties an opportunity to comment simultaneously on the proposed critical habitat designation, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule.

We, the U.S. Fish and Wildlife Service, announce a 12-month finding on a petition to list the Sonoran population of the desert tortoise (Gopherus agassizii) as endangered or threatened and to designate critical habitat under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that listing the Sonoran population of the desert tortoise is warranted. Currently, however, listing the Sonoran population of the desert tortoise is precluded by higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Upon publication of this 12-month petition finding, we will add the Sonoran population of the desert tortoise to our candidate species list. We will develop a proposed rule to list the Sonoran population of the desert tortoise as our priorities allow. We will make any determination on critical habitat during development of the proposed listing rule. In any interim period we will address the status of the candidate taxon through our annual Candidate Notice of Review (CNOR).

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for Santa Ana sucker (Catostomus santaanae) under the Endangered Species Act of 1973, as amended. In total, approximately 9,331 acres (3,776 hectares) of habitat in the Santa Ana River in San Bernardino, Riverside, and Orange Counties and the San Gabriel River and Big Tujunga Creek in Los Angeles County in southern California fall within the boundaries of the critical habitat designation. This final revised designation constitutes an overall increase of approximately 1,026 acres (415 hectares) from the 2005 designation of critical habitat for Santa Ana sucker.

This order extends the withdrawal created by Public Land Order No. 6818 for an additional 20-year period. This extension is necessary to continue protection of the Federal investment of the Bureau of Land Management's Tonopah Administrative Site in Nye County, Nevada, which would otherwise expire on November 28, 2010. DATES: Effective Date: November 29, 2010.

In compliance 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) Battle Mountain District, Battle Mountain, Nevada, intends to prepare a Resource Management Plan (RMP) and associated Environmental Impact Statement (EIS) for the Battle Mountain District, and by this notice is announcing the beginning of the scoping process to solicit public comments and identify issues. The new Battle Mountain RMP will cover both the Mount Lewis Field Office and the Tonopah Field Office and will replace the existing Shoshone-Eureka and Tonopah RMPs.

The Bureau of Land Management (BLM) Colorado is proposing supplementary rules for public land included in the San Luis Resource Area Travel Management Plan (TMP), approved on June 4, 2009. These supplementary rules would apply to the public lands within Saguache, Alamosa, Rio Grande, Conejos, and Costilla Counties, Colorado, within the TMP, and under the management of the San Luis Valley Public Lands Center. The proposed rules implement decisions found in the TMP relating to the use of the lands, conduct of visitors, health and safety of visitors, and protection of visitors and natural resources.

We, the Fish and Wildlife Service (Service), have received an application from the (Applicant) for an extension of incidental take permit (ITP) TE176788-0 for 5 years under the Endangered Species Act of 1973, as amended (Act). We request public comment on the permit application and plan, as well as on our preliminary determination that the plan qualifies as low-effect under the National Environmental Policy Act (NEPA). To make this determination we used our environmental action statement and low-effect screening form, which are also available for review.

In compliance with the National Environmental Policy Act of 1969, as amended (NEPA); the Federal Land Policy and Management Act of 1976, as amended, and the California Environmental Quality Act (CEQA), the Bureau of Land Management (BLM) El Centro Field Office and Imperial County, California, intend to prepare a joint Environmental Impact Statement (EIS) and Environmental Impact Report (EIR) along with a proposed amendment to the California Desert Conservation Area (CDCA) Plan (1980, as amended). This notice announces the beginning of the scoping process to solicit public comments and identify issues.

BOEMRE published an interim final rule implementing certain safety measures recommended for improving the safety of oil and gas exploration and development on the Outer Continental Shelf. This document contains a correction to the final regulations published on October 14, 2010, which inadvertently deleted one sentence from the existing regulations. The correction being made is non-substantive and is necessary for clarification purposes only.

To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR 250, Subpart b, Plans and Information, and related documents. The collection was originally approved by OMB under an emergency request. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

We (U.S. Geological Survey) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. To comply with the Paperwork Reduction Act of 1995 and as a part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other federal agencies to comment on this IC. We may not conduct or sponsor and a person is not required to respond to a collection unless it displays a currently valid OMB control number.

The Assistant SecretaryIndian Affairs made a final agency determination to acquire approximately 16.61 acres of land into trust for the Cherokee Nation of Oklahoma on November 10, 2010.

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 law requires that we invite public comment before issuing these permits.

We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for polar bear (Ursus maritimus) populations in the United States under the Endangered Species Act of 1973, as amended (Act). In total, approximately 484,734 square kilometers (km\2\) (187,157 square miles (mi\2\)) fall within the boundaries of the critical habitat designation. The critical habitat is located in Alaska and adjacent territorial and U.S. waters.