Department of the Interior January 31, 2012 – Federal Register Recent Federal Regulation Documents
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Notice of the Joint Colorado Resource Advisory Council Meeting
In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Northwest Colorado Resource Advisory Council (RAC), Southwest RAC, and Front Range RAC will meet as indicated below.
Golden Eagles; Programmatic Take Permit Application; Draft Environmental Assessment; West Butte Wind Project, Crook and Deschutes Counties, OR
We, the U.S. Fish and Wildlife Service (Service), are extending the public comment period on a draft environmental assessment (DEA) for an application for the programmatic take of golden eagles. The DEA evaluates alternatives for the application we have received from West Butte Wind Power, LLC, for programmatic permit for the take of golden eagles. If issued, the permit would be the first programmatic permit issued under our new permitting regulations under the Bald and Golden Eagle Protection Act (BGEPA). We announced receipt of the application and the availability of the DEA in our January 3, 2012, Federal Register notice, which also opened the 30-day public comment period. If you have previously submitted comments, please do not resubmit them, because we have already incorporated them in the public records and will fully consider them in our final decision.
Review and Submittal of a Tribe's Facility License Information
The National Indian Gaming Commission is proposing revisions to its regulations that would provide for an expedited review of a tribe's facility license information and streamline the submittal of information relating to a proposed facility license. The proposed rule also provides for tribes to submit a certification attesting that the gaming operation is being conducted in a manner that adequately protects the environment and the public health and safety. Further, the proposed rule requires a facility license to be submitted before the opening of any new place, facility, or location on Indian lands where class II or III gaming will occur. Likewise, a tribe must notify the Chair if a facility license is terminated, expires, or if a gaming place, facility, or location closes or reopens, unless the closure is seasonal or temporary.
Appeal Proceedings Before the Commission
The National Indian Gaming Commission proposes to add a new subchapter to its regulations to create a clear process for appeal proceedings before the Commission. It would, among other things, define certain terms, set forth the burden of proof and standard of review, explain what information a Commission decision will contain, and what happens if the Commission does not issue a majority decision, and provide that an appeal of the Chair's decision does not stay the effect of that decision. The proposed regulations set forth rules for motion practice in appeals before the Commission, addresses how an entity other than a tribe would request to participate on a limited basis in ordinance appeals, how parties file motions to intervene, to supplement the record, and for reconsideration, and how to file motions before the presiding official. Additionally, the proposed regulation sets forth more specific rules for different types of appeals. Rules for appeals of ordinance disapprovals, management contract approvals and disapprovals, appeals before a presiding official, and appeals before the Commission on written submission only each receive somewhat different treatment.
Self-Regulation of Class II Gaming
This action proposes to amend the NIGC's self-regulation regulations to tailor the self-regulating qualifying criteria to a tribe's regulation of class II gaming activity and more clearly define and streamline the self-regulation certification process. By tailoring the self-regulating qualifying criteria to the capabilities of a tribe's regulatory body, and by clarifying and streamlining the certification process, more tribes may become self-regulating.
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