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

OSM is announcing receipt of a request (Administrative Record No. 844.14) to remove a required amendment to the Pennsylvania regulatory program (the ``Pennsylvania program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Pennsylvania has provided a rationale that it believes supports the position that the required amendment related to specific information (cessation orders) for permit applications should be removed.

The following permit was issued.

We (Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on July 31, 2010. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

The Department of the Interior (Department) gives notice that the Acting Principal Deputy Assistant Secretary-Indian Affairs (PDAS- IA) has determined the Shinnecock Indian Nation is entitled to be acknowledged as an Indian tribe within the meaning of Federal law. This notice is based on a determination that affirms the reasoning, analysis, and conclusions in the Proposed Finding (PF). The petitioner satisfies the seven mandatory criteria for acknowledgment set forth in the applicable regulations, and therefore, meets the requirements for a government-to-government relationship with the United States. This notice is the Final Determination (FD). Based on the limited nature and extent of comment and consistent with prior practices, the Department did not produce any detailed report or other summary under the criteria pertaining to this FD.

This notice is published in accordance with Section 9(a)(2) of the Federal Advisory Committee Act of 1972. Notice is hereby given that the Secretary of the Interior and the Secretary of Agriculture (Secretaries) have reestablished the charter of the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee.

We, the Fish and Wildlife Service, have received from David Sime (applicant) a request for renewal of an incidental take permit (ITP) associated with an existing habitat conservation plan (HCP), related to the construction of a single-family home that would take 0.33 acre of suitable habitat for the threatened Florida Scrub-jay (Aphelocoma coerulescens) in Brevard County, Florida (project).

The U.S. Fish and Wildlife Service (Service) announces the availability of a proposed HCP, accompanying ITP applications, and a dSEIS related to two proposed developments that would take the Alabama beach mouse (Peromyscus polionotus ammobates) and place fill in wetlands on the Fort Morgan peninsula, Baldwin County, Alabama. The HCP analyzes the take of the Federally endangered Alabama beach mouse and fill in wetlands incidental to construction and occupation of adjacent residential and recreational condominium developments: Beach Club West and Gulf Highlands Condominiums (collectively BCWGH) projects. Fort Morgan Paradise Joint Venture and Gulf Highlands Condominiums, LLC (applicants) request ITPs under the Endangered Species Act of 1973, as amended, (Act) as well as permits from the Department of the Army, Corps of Engineers (Corps) for placing fill in wetlands under jurisdiction of the Clean Water Act. The Applicants' HCP describes the

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service (NPS), lead agency, along with cooperating agencies, the U.S. Forest Service (USFS) and U.S. Army Corps of Engineers, are preparing an Environmental Impact Statement (EIS) and conducting public scoping meetings for construction and right-of-way permits requested from the agencies by PATH Allegheny Transmission Company, LLC; PATH Allegheny Virginia Transmission Corporation; Potomac Edison Company; and PATH West Virginia Transmission Company, LLC, collectively referred to herein as Applicants. The Applicants are seeking permits for proposed construction of a new 765kV electric transmission line that would cross federal lands within Maryland, West Virginia, and Virginia. In May 2009, the Applicants submitted right-of-way applications (Form 299) for those portions of the PATH project proposed to traverse Harpers Ferry NHP, Chesapeake and Ohio Canal NHP, Appalachian NST, Potomac Heritage NST, all managed by the National Park Service; and Monongahela National Forest managed by the U.S. Forest Service. These applications also serve as the application for Special Use Permits for construction of the proposed project.

In accordance with the regulations implementing the National Environmental Policy Act of 1969 (NEPA), the MMS is announcing the availability of the ROD for the Cape Wind Energy Project (the Project). The ROD for the Project records the decisions that the MMS reached to select the Preferred Alternative at Horseshoe Shoal in Nantucket Sound described in its Final Environmental Impact Statement (January 2009). After careful consideration of all the concerns expressed during the lengthy review and consultation process and thorough analyses of the many factors involved, the Secretary approved the ROD finding that the public benefits weigh in favor of approving the Cape Wind Project at the Horseshoe Shoal location. The MMS will offer a commercial lease to Cape Wind Associates, LLC (CWA) in response to CWA's application. The CWA's rights to construct and operate the Project pursuant to the lease are subject to construction and operation approvals from the MMS. The Secretary of the Interior (the Secretary) and the Director of the MMS co-signed the ROD for the Project on April 28, 2010.

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, Bureau of Land Management (BLM) Alaska Resource Advisory Council will meet as indicated below:

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on five petitions to list seven species of Hawaiian yellow-faced bees (Hylaeus anthracinus, H. assimulans, H. facilis, H. hilaris, H. kuakea, H. longiceps, and H. mana) as endangered and designate critical habitat under the Endangered Species Act of 1973, as amended (Act).

We, the U.S. Fish and Wildlife Service, have received an application from the Calpine Corporation (applicant) for a 50-year incidental take permit for five species under the Endangered Species

Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, and the California Environmental Quality Act (CEQA), the Department of the Interior (Department), through the Bureau of Reclamation (Reclamation), and the California Department of Fish and Game (CDFG) intend to prepare an EIS/EIR. The Department and CDFG will conduct public scoping meetings to solicit comments concerning the issues, alternatives, and analyses to be considered in the evaluation of whether to remove four dams on the Klamath River pursuant to the terms of the Klamath Hydroelectric Settlement Agreement (KHSA). Section 3.3.1 of the KHSA states: ``Based upon the record, environmental compliance and other actions described in Section 3.2, and in cooperation with the Secretary of Commerce and other Federal agencies as appropriate, the Secretary shall determine whether, in his judgment, the conditions of Section 3.3.4 have been satisfied, and whether, in his judgment, Facilities Removal (i) will advance restoration of the salmonid fisheries of the Klamath Basin, and (ii) is in the public interest, which includes but is not limited to consideration of potential impacts on affected local communities and Tribes.''

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 (Act) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing these permits.

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) for approval of the paperwork requirements in the study being conducted in Alaska, Study of Sharing to Assess Community Resilience. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements.

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, thirty (30) days from the date of publication in the Federal Register.

The Bureau of Land Management (BLM) is amending supplementary rules relating to camping on public lands in Colorado. These rules extend the time the public must remain absent from a site once the current 14-day camping stay limit is reached. They also require that once campers have camped for 14 days, they must move away from that particular location for 30 days, rather than seven days, before returning. These rules are needed to further protect natural resources and provide for public health and safety. These supplementary rules will be more consistent with camping and occupancy regulations on public lands in other western states.

We, the U.S. Fish and Wildlife Service (Service), proposed in an earlier document to establish annual hunting regulations for certain migratory game birds for the 2010-11 hunting season. This supplement to the proposed rule provides the regulatory schedule, announces the Service Migratory Bird Regulations Committee and Flyway Council meetings, and provides Flyway Council recommendations resulting from their March meetings.

Under the provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C., Chapter 3507) and 5 CFR Part 1320, Reporting and Record Keeping Requirements, the National Park Service (NPS) invites public comments on an extension of a currently approved information collection Office of Management and Budget (OMB) Control 1024-0231.

We, the U.S. Fish and Wildlife Service, propose changes in the regulations governing the Wildlife Restoration, Sport Fish Restoration, and Hunter Education and Safety (Enhanced Hunter Education and Safety) financial assistance programs. We conducted rulemaking 2 years ago to amend these regulations, and based on experience gained since then, we propose to adopt two recommendations that we received in response to the prior proposed rule and to modify three provisions from the subsequent final rule. We also propose to update the regulations to reflect changes in law, regulation, policy, technology, and practice during the past 25 years. In addition, this proposed rule simplifies specific requirements of the establishing authorities of the Wildlife Restoration and Sport Fish Restoration programs and clarifies terms in those authorities as well as terms generally used in grant administration. Finally, this proposed rule organizes the regulations to follow the life cycle of a grant and rewords and reformats the regulations following Federal plain language policy and current rulemaking guidance.

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease CACA 44900 from NW. Lost Hills Petroleum Holdings, LLC. The petition was filed on time and was accompanied by all required rentals and royalties accruing from February 1, 2010, the date of termination.

This notice publishes the Secretary's certification of the amended St. Croix Chippewa Indians of Wisconsin Alcoholic Beverage Control Ordinance. The amended Ordinance regulates and controls the possession, sale, and consumption of liquor within the tribal lands. The tribal lands are located in Indian Country and this Ordinance allows for possession and sale of alcoholic beverages within their boundaries. This Ordinance will increase the ability of the tribal government to control the tribe's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.