Department of the Interior May 2011 – Federal Register Recent Federal Regulation Documents

Western Michigan University, Anthropology Department, has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian tribes, and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day tribe. Representatives of any Indian tribe that believes itself to be culturally affiliated with the human remains and associated funerary objects may contact the Western Michigan University, Anthropology Department. Disposition of the human remains and associated funerary objects to the tribe stated below may occur if no additional requestors come forward.

We, the U.S. Fish and Wildlife Service (Service), make available the final environmental impact statement (EIS), the final Hays County regional habitat conservation plan (RHCP) under the National Environmental Policy Act of 1969 (NEPA), and our draft record of decision (ROD). Our intended action is the issuance of a 30-year incidental take permit (ITP) for the Preferred Alternative (described below) under the Endangered Species Act of 1973, as amended (ESA), to Hays County, Texas (the County), to incidentally take golden-cheeked warbler (Dendroica chrysoparia) and black-capped vireo (Vireo atricapilla). Under the RHCP, the County will mitigate for take by establishing a preserve system of 10,000-15,000 acres to mitigate for incidental take of covered species. Each preserve acquisition will be subject to Service approval and will generate mitigation credits based on the number of acres and quality of potential occupied habitat for the covered species.

Notice is hereby given that certain coal resources in the Belle Ayr North Coal Tract described below in Campbell County, Wyoming, will be offered for competitive lease by sealed bid in accordance with the provisions of the Mineral Leasing Act of 1920, as amended.

We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species, marine mammals, or both. We issue these permits under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA).

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, on June 13, 2011.

We, the U.S. Fish and Wildlife Service (Service), announce our decision to withdraw the proposed listing of the mountain plover (Charadrius montanus) as a threatened species under the authority of the Endangered Species Act of 1973, as amended (Act). After a thorough review of all available scientific and commercial information, we have determined that the species is not endangered or threatened throughout all or a significant portion of its range. We make this determination because threats to the species as identified in the proposed rule are not as significant as earlier believed and currently available data do not indicate that the threats to the species and its habitat, as analyzed under the five listing factors described in section 4(a)(1) of the Act, are likely to endanger the species in the foreseeable future throughout all or a significant portion of its range.

In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request continued approval for the collection of information which relates to a citizen's written request for a Federal inspection.

Pursuant to the National Environmental Policy Act of 1969, the National Park Service (NPS) announces the availability of a Draft Environmental Impact Statement (DEIS) for a Winter Use Plan for Yellowstone National Park, located in Idaho, Montana and Wyoming.

In compliance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) announces its intention to request that the Office of Management and Budget (OMB) renew OMB Control Number 1004-0169 for the paperwork requirements in 43 CFR subpart 3715, which pertain to use and occupancy under the mining laws.

We, the U.S. Fish and Wildlife Service, propose to designate critical habitat for Lepidium papilliferum (slickspot peppergrass) under the Endangered Species Act of 1973, as amended. In total, we are proposing to designate 23,374 hectares (57,756 acres) as critical habitat for Lepidium papilliferum, in Ada, Elmore, Payette, and Owyhee Counties in Idaho.

The plats of survey described below are scheduled to be officially filed in the New Mexico State Office, Bureau of Land Management, Santa Fe, New Mexico, thirty (30) calendar days from the date of this publication.

The Energy and Mineral Development Program (EMDP) provides funding to Indian tribes with the mission goal of assessing, evaluating, and promoting energy and mineral resources on Indian trust lands for the economic benefit of Indian mineral owners. To achieve these goals, the Department of the Interior's Office of Indian Energy and Economic Development (IEED), through its Division of Energy and Mineral Development (DEMD) office, is soliciting proposals from tribes. The Department will use a competitive evaluation process to select several proposed projects to receive an award.

As required by the Federal Advisory Committee Act, the National Park Service (NPS) is hereby giving notice that the Advisory Committee on the Captain John Smith Chesapeake National Historic Trail will hold a meeting. Designated through an amendment to the National Trails System Act (16 U.S.C. 1241), the trail consists of ``a series of water routes extending approximately 3,000 miles along the Chesapeake Bay and its tributaries in the States of Virginia, Maryland, Delaware, and in the District of Columbia,'' tracing the 1607-1609 voyages of Captain John Smith to chart the land and waterways of the Chesapeake Bay. This meeting is open to the public. Preregistration is required for both public attendance and comment. Any individual who wishes to attend the meeting and/or participate in the public comment session should register via e-mail at Christine_Lucero@nps.gov or telephone: (757) 258-8914. For those wishing to make comments, please provide a written summary of your comments prior to the meeting. The Designated Federal Official for the Advisory Council is John Maounis, Superintendent, Captain John Smith National Historic Trail, telephone: (410) 260-2471.

The plats of survey of the following described lands are scheduled to be officially filed in the Bureau of Land Management Oregon/Washington State Office, Portland, Oregon, 30 days from the date of this publication.

We, the U.S. Fish and Wildlife Service (Service or USFWS) are re-evaluating the listing of the Minnesota population of gray wolves (Canis lupus) and propose to revise it to conform to current statutory and policy requirements. We propose to identify the Minnesota population as a Western Great Lakes (WGL) Distinct Population Segment (DPS) of the gray wolf and to remove this DPS from the List of Endangered and Threatened Wildlife. We propose these actions because the best available scientific and commercial information indicates that the WGL DPS does not meet the definitions of threatened or endangered under the Act. This proposed rule, if made final, would remove the currently designated critical habitat for the gray wolf in Minnesota and Michigan and the current special regulations for gray wolves in Minnesota. We also propose to revise the range of the gray wolf (the species C. lupus) by removing all or parts of 29 eastern states that we now recognize were not part of the historical range of the gray wolf. New information indicates that these areas should not have been included in the original listing of the gray wolf. In this proposed rule, we recognize recent taxonomic information indicating that the gray wolf subspecies Canis lupus lycaon should be elevated to the full species C. lycaon. Given that a complete status review of this newly recognized species has never been conducted, we are initiating a rangewide review of the conservation status of C. lycaon in the United States and Canada. This rule also constitutes the initiation of our five-year review of the status of gray wolves under section 4(c)(2) of the Act, as well as the initiation of status reviews specific to gray wolves in the Pacific Northwest and Mexican wolves in the Southwest United States and Mexico.

We, the U.S. Fish and Wildlife Service (Service), are reestablishing the Sonoran pronghorn, a federally listed endangered mammal, in its historical habitat in King Valley, Kofa National Wildlife Refuge, in Yuma County, and the Barry M. Goldwater Range East, Maricopa County, in southwestern Arizona. We are reestablishing the Sonoran pronghorn under section 10(j) of the Endangered Species Act of 1973, as amended, and classify that reestablished population as a nonessential experimental population (NEP). The NEP is located in southwestern Arizona in an area north of Interstate 8 and south of Interstate 10, bounded by the Colorado River on the west and Interstate 10 on the east; and an area south of Interstate 8, bounded by Highway 85 on the west, Interstates 10 and 19 on the east, and the United States-Mexico border on the south. This action is one of the recovery actions that the Service, Federal and State agencies, and other partners are conducting throughout the historical range of the species. This final rule establishes the NEP and provides for limited allowable legal taking of Sonoran pronghorn within the defined NEP area. An Environmental Assessment and Finding of No Significant Impact have been prepared for this action (see ADDRESSES section below).

To comply with the Paperwork Reduction Act of 1995 (PRA), the Office of Natural Resources Revenue (ONRR) is inviting comments on the renewal of a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. This information collection request (ICR) was formerly approved under OMB Control Number 1010-0122. However, OMB approved a new series number and renumbered our ICRs after the Secretary of the Interior established ONRR (the former Minerals Revenue Management, a program under the Minerals Management Service) by Secretarial Order 3299, which was effective October 1, 2010. Also ONRR published a rule, effective October 1, 2010, transferring our regulations from chapter II to chapter XII in title 30 of the Code of Federal Regulations (CFR). This ICR covers the paperwork requirements in the regulations under 30 CFR part 1243 (previously 30 CFR part 243).

In this notice of review, we announce our annual petition findings for foreign species, as required under section 4(b)(3)(C)(i) of the Endangered Species Act of 1973, as amended. When, in response to a petition, we find that listing a species is warranted but precluded by higher priority listing actions, we must review the status of the species each year until we publish a proposed rule or make a determination that listing is not warranted. These subsequent status reviews and the accompanying 12-month findings are referred to as ``resubmitted'' petition findings. Information contained in this notice describes our status review of 20 foreign taxa that were the subject of previous warranted-but- precluded findings, most recently summarized in our 2009 Notice of Review published on August 12, 2009 (74 FR 40540). Based on our current review, we find that 20 species continue to warrant listing, but their listing remains precluded by higher priority listing actions. With this annual notice of review (ANOR), we are requesting additional information for the 20 taxa whose listings that remain warranted but precluded by higher priority listing actions. We will consider this information in preparing listing documents and future resubmitted petition findings for these 20 taxa. This information will also help us to monitor the status of the taxa and conserve them.

As authorized under the provisions of the Federal Land Policy and Management Act of 1976, notice is hereby given that certain public lands near Stead, Nevada, will be temporarily closed to all public use to provide for public safety during the 2011 Reno Air Racing Association Pylon Racing Seminar and the Reno National Championship Air Races.

Notice is hereby given that pursuant to provisions of the National Environmental Policy Act of 1969 (Pub. L. 91-190) and the Council on Environmental Quality's implementing regulations (40 CFR 1502.9(c)) the National Park Service has initiated the public scoping phase for the conservation planning and environmental impact analysis process needed to identify and assess potential impacts of alternatives for resource protection and other considerations within the Honouliuli Special Resource Study area in Honolulu, Maui, Hawaii, and Kauai Counties of Hawaii. The purpose of the scoping phase is to elicit early public comment regarding issues and concerns, preliminary alternatives, and the nature and extent of potential environmental impacts (and as appropriate, mitigation measures) which should be addressed. Background: As authorized by the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (Pub. L. 111-88- October, 2009), the National Park Service (NPS) is conducting a special resource study of the area known as Honouliuli Gulch, and associated sites. The study evaluates the Honouliuli Gulch Internment Camp and associated sites located on Oahu and five other islands located in the State of Hawaii with respect to (1) Their significance as components of World War II; (2) significance of the sites as related to the forcible internment of Japanese Americans, European Americans, and other individuals; and (3) historic resources at the sites. In conducting the study, the NPS study team shall use criteria for potential inclusion within the National Park System as described in Sec. 8 of Public Law 91-383 (16 U.S.C. 1a-5). The Special Resource Study will evaluate the national significance, suitability, and feasibility of including the Honouliuli Gulch and associated sites in the National Park System. Factors which the NPS study team will evaluate include: The value of the site in interpreting the themes of our nation's heritage; the integrity of the site's resources; whether the study area includes types or quality of resources not already adequately represented in the National Park System; whether long-term protection and public use of the area are feasible; and whether the area can be adequately protected and administered at a reasonable cost. The authorizing statute directs the NPS to consult with (1) The State of Hawaii; (2) appropriate Federal agencies; (3) Native Hawaiian and local government entities; (4) private and nonprofit organizations; (5) private landowners; and (6) other interested parties. Recommendations of the NPS study team may vary for different portions of the study area. The NPS study team will also consider alternative strategies for management, protection and use of significant resources within the overall study area, including management by other public agencies or the private sector; technical or financial assistance available from established programs or special initiatives and partnerships; and cooperative management by NPS and other entities. Public Engagement: During the study process, a range of alternatives will be developed in consultation with Federal, State and local governments and interested members of the public, groups, and organizations. The NPS study team will conduct an environmental review of the alternatives and potential consequences of resource protection considerations as part of the Honouliuli Special Resource Study. At this time, it has not been determined whether an Environmental Assessment or an Environmental Impact Statement will be prepared, however, this scoping phase will aid in the preparation of either document, and public comments will aid in making this determination. The public will have several opportunities to comment and participate throughout the study process. Additionally, the public will be afforded the opportunity to review and comment on the ensuing environmental document following its release. For initial scoping and alternatives development, the most useful comments are those that provide the NPS with assistance in identifying issues and concerns which should be addressed, or providing important information germane to this study. All responses to this Scoping Notice will also be used to establish a mailing list of interested persons, organizations, and agencies that desire to receive further information as the environmental document is developed. All comments regarding the Honouliuli Special Resource Study must be postmarked or transmitted no later than June 1, 2011. Interested individuals, organizations, and agencies wishing to provide written comments should respond to: National Park Service, Honouliuli Special Resource Study, 300 Ala Moana Blvd., Box 50165, Ste 6-226, Honolulu, HI 96850. Comments may also be transmitted through the Honouliuli Special Resource Study Web site (https://www.nps.gov/pwro/honouliuli). 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.

We, the Fish and Wildlife Service (Service), announce the availability of our draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for Laguna Cartagena National Wildlife Refuge (NWR) for public review and comment. In the Draft CCP/ EA, we describe the alternative we propose to use to manage this refuge for the 15 years following approval of the final CCP.

In accordance with the Federal Advisory Committee Act, the Bureau of Reclamation announces that the Colorado River Basin Salinity Control Advisory Council (Council) will meet as detailed below. The meeting of the Council is open to the public.