Department of the Interior April 26, 2011 – Federal Register Recent Federal Regulation Documents

Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Smooth-Billed Ani as Threatened or Endangered
Document Number: 2011-9975
Type: Proposed Rule
Date: 2011-04-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the smooth-billed ani (Crotophaga ani) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petition does not present substantial information indicating that listing the species may be warranted. Therefore, we are not initiating a status review in response to this petition. However, we ask the public to submit to us any new information that becomes available concerning the status of, or threats to, the smooth-billed ani or its habitat at any time.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Arapahoe Snowfly as Endangered or Threatened
Document Number: 2011-9973
Type: Proposed Rule
Date: 2011-04-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list the Arapahoe snowfly (Capnia arapahoe) as endangered or threatened under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing this species may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing the Arapahoe snowfly is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted under the Act.
Native American Business Development Institute (NABDI) Funding Solicitations and Reporting: Comment Request
Document Number: 2011-9672
Type: Notice
Date: 2011-04-26
Agency: Department of the Interior, Bureau of Indian Affairs
The Division of Economic Development (DED), Office of Indian Energy and Economic Development (IEED) seeks to spur job growth and sustainable economies on American Indian reservations. The DED created the Native American Business Development Institute (NABDI) to provide tribes and tribal businesses with expert advice regarding economic development matters. In compliance with the Paperwork Reduction Act of 1995, DED is seeking comments on a proposed information collection related to the NABDI's funding of economic development feasibility studies (studies) and long-term strategic, reservation-wide economic development plans (plans). Federally recognized Indian tribes, on their own behalf or on behalf of tribally owned business, may apply for the funding by providing certain information. Applicants receiving funding must provide a final report summarizing the progress of and results of studies and plans. This notice requests comments on the information collection associated with the application and final report.
General Provisions; Revised List of Migratory Birds
Document Number: 2011-9448
Type: Proposed Rule
Date: 2011-04-26
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, propose to revise the List of Migratory Birds by both adding and removing species. Reasons for the changes to the list include adding species based on new taxonomy and new evidence of occurrence in the United States or U.S. territories, removing species no longer known to occur within the United States, and changing names to conform to accepted use. The net increase of 19 species (23 added and 4 removed) brings the total number of species protected by the Migratory Bird Treaty Act (MBTA) to 1,026. We regulate most aspects of the taking, possession, transportation, sale, purchase, barter, exportation, and importation of migratory birds. An accurate and up-to-date list of species protected by the MBTA is essential for public notification and regulatory purposes.
Wilderness Stewardship Plan/Environmental Impact Statement, Sequoia and Kings Canyon National Parks, Tulare and Fresno Counties, CA
Document Number: 2011-10042
Type: Notice
Date: 2011-04-26
Agency: Department of the Interior, National Park Service
In accordance with Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (PL91-190) Sequoia and Kings Canyon National Parks (SEKI) are initiating the conservation planning and environmental impact analysis process required to inform consideration of alternative strategies for the future management of SEKI wilderness. The Sequoia-Kings Canyon and John Krebs Wildernesses (an 808,000-acre expanse of wild High Sierra lands that were designated by the California Wilderness Act of 1984 and the Omnibus Public Land Management Act of 2009) are contained wholly within these two national parks. Through this process, SEKI will identify and analyze a range of alternatives for achieving wilderness stewardship objectives, which include providing appropriate types and levels of access for visitors and authorized users, preserving wilderness character, protecting cultural and natural resources, and adhering to legally-mandated management and preservation requirements. This planning process represents a significant commitment by SEKI to complete a Wilderness Stewardship Plan (WSP) for these two national parks. On April 30, 1997, SEKI published a Notice of Intent to prepare an Environmental Impact Statement (EIS) in the Federal Register to notify the public of the intent to prepare a WSP, and had previously held seven public scoping sessions in communities throughout California between May 28 and October 5, 1996. Based on an analysis of the numerous scoping comments received, and with consideration of a variety of other factors, SEKI determined that the WSP/EIS process should be suspended and that SEKI should instead first prepare a new General Management Plan for the parks. The General Management Plan (GMP) process was initiated in October 1997 and culminated with a Record of Decision in September 2007 (the Final EIS/General Management Plan/Comprehensive River Management Plan and associated Record of Decision are available at https://www.nps.gov/ seki/parkmgmt/gmp.htm). The GMP provides broad, programmatic direction for wilderness management. Importantly, however, the GMP commits SEKI to preparing a tiered plan for the management of wilderness resources, and explains that this tiered plan would be an implementation level plan focused on both SEKI wilderness stewardship overall, as well as stock use within wilderness. As an implementation level plan, the WSP will provide detailed guidance on a variety of issues including, but not limited to: Day and overnight use; wilderness permitting; use of campfires; wildlife and proper food storage; party size; camping and campsites; human waste management; stock use; meadow management; research activities; wildlife management in wilderness; cultural resources in wilderness; maintenance of trails, bridges, or other necessary infrastructure; and the ``minimum requirement'' for administration of the areas as Wilderness. Also to be analyzed and determined is the extent to which commercial services are necessary to fulfill the recreational and other purposes of SEKI's Congressionally designated wilderness areas. This ``extent necessary'' determination for commercial services will be performed to ensure compliance with Sec. 4(d)(5) of the Wilderness Act. The WSP will reevaluate existing wilderness-related plans and guidance, such as the 1986 Backcountry Management Plan and the 1986 Stock Use and Meadow Management Plan. The WSP will also provide for more detailed management direction on provisions of the California Wilderness Act of 1984, the Omnibus Public Land Management Act of 2009, the NPS Management Policies (2006), and current interagency policies regarding the preservation of wilderness character as they relate to wilderness within SEKI. How to Comment: In consideration for the complexity and scope of wilderness stewardship issues in SEKI, the period during which comments will be accepted will extend for 90 days. SEKI encourages comments regarding the range of issues which should be addressed, alternative approaches to managing SEKI wilderness areas, and other concerns regarding SEKI wilderness areas or the wilderness planning process. All written comments must be transmitted, postmarked, or hand-delivered no later than July 25, 2011. The status of the Draft EIS (DEIS) will updated periodically at https://parkplanning.nps.gov/sekiwild. You may request to be added to the project mailing list by mailing or faxing your request to: Superintendent Karen F. Taylor-Goodrich, Sequoia and Kings Canyon National Parks, Attn: Wilderness Stewardship Plan, 47050 Generals Highway, Three Rivers, CA 93271. So that we may plan accordingly, please note in your request whether you will prefer to receive a printed or compact disk copy of the DEIS/WSP when it is released, or just wish to receive a notice that the document is available for review on the Web site (to assist in reducing costs, the public is strongly encouraged to accept compact disks versus printed copies). In order to ensure that information you may provide or any concerns expressed are fully considered, you may use either of two methods to respond during this scoping period. To respond electronically, you may submit your comments online to the NPS Planning, Environment and Public Comment (PEPC) Web site (https://parkplanning.nps.gov/sekiwild). To submit written comments (e.g., in a letter), you may send them by U.S. Postal Service or other mail delivery service, or hand deliver your comments to the address provided above. Written comments will also be accepted during public scoping meetings. Comments in any format (written or electronic) submitted by an individual or organization on behalf of another individual or organization will not be accepted. It is the practice of the NPS to make all comments available for public review, after the close of the EIS process. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire commentincluding your personal identifying informationmay be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
Warner Valley Comprehensive Site Plan/Environmental Impact Statement, Lassen Volcanic National Park, Plumas County, CA
Document Number: 2011-10041
Type: Notice
Date: 2011-04-26
Agency: Department of the Interior, National Park Service
Pursuant to Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended) and the regulations promulgated by the Council on Environmental Quality (40 CFR 1505.2), the Department of the Interior, National Park Service (NPS) has prepared and approved a Record of Decision for the Final Environmental Impact Statement for the Warner Valley Comprehensive Site Plan (CSP) in Lassen Volcanic National Park. The requisite no-action ``wait period'' was initiated September 24, 2010, with the Environmental Protection Agency's Federal Register notification of the filing of the Final EIS. Decision: As soon as practical the NPS will begin to implement the first phase of restoration work identified in the CSP, including incrementional lowering and removal of Dream Lake Dam, rehabilitation of drainage ditches in Drakesbad Meadow, and propagation of plant materials derived from local native species for use in revegetation. Other key project elements include rehabilitation or repair of compatible facilities in Drakesbad Guest Ranch historic district, and removal of non-conforming structures. Consolidation of concession housing (tent cabins) and services outside the core of the historic district will occur. This approved CSP was identified and analyzed as the agency- preferred Alternative 2 in the Final EIS (and includes no substantive modifications from the course of action that was described in the Draft EIS). The full ranges of foreseeable environmental consequences were assessed, and appropriate mitigation measures are incorporated in the approved plan. Both a No Action alternative and an additional ``action'' alternative were also identified and analyzed. As documented in the Draft and Final EIS, the selected alternative was deemed to be the ``environmentally preferred'' course of action. Copies: Interested parties desiring to review the Record of Decision may obtain a copy by contacting the Superintendent, Lassen Volcanic National Park, P.O. Box 100, Mineral, CA 96063-0100 or via telephone request at (530) 595-4444.
Record of Decision
Document Number: 2011-10040
Type: Notice
Date: 2011-04-26
Agency: Department of the Interior, National Park Service
Pursuant to 42 U.S.C. 4332(2)(C) of the National Environmental Policy Act of 1969 and National Park Service (NPS) policy in Director's Order Number 2 (Park Planning) and Director's Order Number 12 (Conservation Planning, Environmental Impact Analysis, and Decision- making), the NPS announces the availability of the Record of Decision (ROD) for the Final Environmental Impact Statement (FEIS) for the Tamiami Trail (U.S. Highway 41) Modifications: Next Steps Project for Everglades National Park (ENP), Florida.
Notification of Boundary Revision
Document Number: 2011-10039
Type: Notice
Date: 2011-04-26
Agency: Department of the Interior, National Park Service
Notice is hereby given that the boundary of the Chesapeake and Ohio Canal National Historical Park (Park) in Washington County, Maryland, is modified to include one (1) tract of land adjacent to the park. This revision is made to include privately-owned property that the National Park Service (NPS) wishes to acquire. The NPS has determined that the inclusion of this tract within the Park's boundary will make significant contributions to the purposes for which the Park was established. After the United States' acquisition of the tract, the NPS will manage the property in accordance with applicable law.
Outer Continental Shelf (OCS) Scientific Committee (SC); Announcement of Plenary Session
Document Number: 2011-10034
Type: Notice
Date: 2011-04-26
Agency: Department of the Interior, Bureau of Ocean Energy Management, Regulation and Enforcement
The OCS Scientific Committee will meet at the Holiday Inn Cape Cod in Hyannis, Massachusetts.
Segregation of Lands-Renewable Energy
Document Number: 2011-10019
Type: Rule
Date: 2011-04-26
Agency: Department of the Interior, Bureau of Land Management
The Bureau of Land Management (BLM) is issuing this interim temporary final rule (Interim Rule) to amend the BLM's regulations found in 43 CFR parts 2090 and 2800 by adding provisions allowing the BLM to temporarily segregate from the operation of the public land laws, by publication of a Federal Register notice, public lands included in a pending or future wind or solar energy generation right- of-way (ROW) application, or public lands identified by the BLM for a potential future wind or solar energy generation ROW authorization under the BLM's ROW regulations, in order to promote the orderly administration of the public lands. If segregated under this rule, such lands will not be subject to appropriation under the public land laws, including location under the Mining Law of 1872 (Mining Law), but not the Mineral Leasing Act of 1920 (Mineral Leasing Act) or the Materials Act of 1947 (Materials Act), subject to valid existing rights, for a period of up to 2 years. This Interim Rule is effective immediately upon publication in the Federal Register for a period not to exceed 2 years after publication, but public comments received within 60 days of the publication of this rule will be considered by the BLM. Any necessary changes will be made to the Interim Rule. The BLM is also publishing in today's Federal Register a proposed rule that would make this segregation authority permanent. At the completion of the notice and comment rulemaking process for the proposed rule, or at the end of 2 years, whichever occurs first, this Interim Rule will expire.
Segregation of Lands-Renewable Energy
Document Number: 2011-10017
Type: Proposed Rule
Date: 2011-04-26
Agency: Department of the Interior, Bureau of Land Management
The Bureau of Land Management (BLM) is proposing this rule to amend the BLM's regulations found in 43 CFR parts 2090 and 2800 by adding provisions allowing the BLM to temporarily segregate from the operation of the public land laws, by publication of a Federal Register notice, public lands included in a pending or future wind or solar energy generation right-of-way (ROW) application, or public lands identified by the BLM for a potential future wind or solar energy generation ROW authorization under the BLM's ROW regulations, in order to promote the orderly administration of the public lands. If segregated under this rule, such lands would not be subject to appropriation under the public land laws, including location under the Mining Law of 1872 (Mining Law), but not the Mineral Leasing Act of 1920 (Mineral Leasing Act) or the Materials Act of 1947 (Materials Act), subject to valid existing rights, for a period of up to 2 years. The BLM is also publishing in today's Federal Register an interim temporary final rule (Interim Rule) that is substantively similar to this proposed rule. The Interim Rule is effective immediately upon publication in the Federal Register for a period not to exceed 2 years after publication, or the completion of the notice and comment rulemaking process for this proposed rule whichever occurs first.
Notice of Proposed Withdrawal Extension and Opportunity for Public Meeting; Wyoming
Document Number: 2011-10016
Type: Notice
Date: 2011-04-26
Agency: Department of the Interior, Bureau of Land Management
The United States Department of Agriculture (USDA), Forest Service has filed an application with the Bureau of Land Management (BLM) that proposes to extend the duration of Public Land Order (PLO) No. 6886 for an additional 20-year term. PLO No. 6886 withdrew approximately 21,636.29 acres of National Forest System land from location and entry under the United States mining laws to protect unique topographic characteristics and recreation values of the Snowy Range Area. The withdrawal created by PLO No. 6886 will expire on October 7, 2011, unless extended. This notice also gives an opportunity for the public to comment on the proposed action and announces the date, time, and location of a public meeting.
Public Land Order No. 7763; Partial Revocation of Public Land Order No. 3708; Alaska
Document Number: 2011-10014
Type: Notice
Date: 2011-04-26
Agency: Department of the Interior, Bureau of Land Management
This order revokes a Public Land Order, as modified and extended, insofar as it affects approximately 32 acres of public land withdrawn from all forms of appropriation under the public land laws, including the mining laws, for the protection of the Gilmore Satellite Tracking Station at Gilmore Creek northeast of Fairbanks, Alaska. The land is no longer needed for the purpose for which it was withdrawn.
Public Land Order No. 7761; Extension of Public Land Order No. 6849; Nevada
Document Number: 2011-10012
Type: Notice
Date: 2011-04-26
Agency: Department of the Interior, Bureau of Land Management
This order extends the duration of the withdrawal created by Public Land Order No. 6849, as corrected, for an additional 20-year period. The extension is necessary for continued protection of the Sheldon National Wildlife Refuge in Washoe and Humboldt Counties, Nevada.
Idaho: Filing of Plats of Survey
Document Number: 2011-10001
Type: Notice
Date: 2011-04-26
Agency: Department of the Interior, Bureau of Land Management
The Bureau of Land Management (BLM) has officially filed the plats of survey of the lands described below in the BLM Idaho State Office, Boise, Idaho, effective 9:00 a.m., on the dates specified.
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