Department of the Interior July 2012 – Federal Register Recent Federal Regulation Documents
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Renewal of Agency Information Collection for Class III Gaming; Tribal Revenue Allocation Plans; Gaming on Trust Lands
In compliance with the Paperwork Reduction Act of 1995, the Acting Assistant SecretaryIndian Affairs is seeking comments on the renewal of Office of Management and Budget (OMB) approval for the collection of information for Class III Gaming Procedures authorized by OMB Control Number 1076-0149, Tribal Revenue Allocation Plans authorized by OMB Control Number 1076-0152, and Gaming on Trust Lands Acquired After October 17, 1988 authorized by OMB Control Number 1076- 0158. These information collections expire November 30, 2012.
Indian Gaming
This notice publishes an extension of Gaming between the Oglala Sioux Tribe and the State of South Dakota.
Establishment of the Osage Negotiated Rulemaking Committee
On June 18, 2012, the Department published a notice of intent to establish the Osage Negotiated Rulemaking Committee (Committee). The Committee will develop specific recommendations to address future management and administration of the Osage Mineral Estate, including potential revisions to the regulations governing leasing of Osage Reservation lands for oil and gas mining at 25 CFR part 226. This notice establishes the Committee, and announces a public meeting of the Committee.
Notice of Filing of Plats of Survey, New Mexico
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.
Trinity Adaptive Management Working Group
The Trinity Adaptive Management Working Group (TAMWG) affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River (California) restoration efforts to the Trinity Management Council (TMC). The TMC interprets and recommends policy, coordinates and reviews management actions, and provides organizational budget oversight. This notice announces a joint TAMWG and TMC meeting, which is open to the public.
Draft Environmental Assessment, Habitat Conservation Plan, and Application for an Incidental Take Permit for Indiana Bat, Criterion Power Partners, LLC
We, the U.S. Fish and Wildlife Service (Service), have received an application from Criterion Power Partners, LLC (CPP) for an incidental take permit under the Endangered Species Act of 1973, as amended (ESA). We are considering issuing a 21-year permit to the applicant that would authorize take of the federally endangered Indiana bat incidental to otherwise lawful activities associated with operation, maintenance, and decommissioning of a 28-turbine wind farm. Pursuant to the ESA and the National Environmental Policy Act, we announce the availability of CPP's incidental take permit application and draft habitat conservation plan, as well as the Service's draft environmental assessment (EA), for public review and comment. We provide this notice to seek comments from the public and Federal, Tribal, State, and local governments.
Endangered and Threatened Wildlife and Plants; Recovery Permit Application
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following application for a recovery permit to conduct enhancement of survival activities with endangered species. The Endangered Species Act of 1973, as amended (Act), prohibits certain activities with endangered species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing such permits.
Notice of August 16, 2012, Teleconference Meeting of the National Park System Advisory Board
Notice is hereby given in accordance with the Federal Advisory Committee Act, 5 U.S.C. Appendix, that the National Park System Advisory Board will conduct a teleconference meeting on August 16, 2012. Members of the public may attend the meeting in person in Washington, DC.
60-Day Notice of Intention To Request Clearance of Collection of Information; Opportunity for Public Comment
We (National Park Service) 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.
Information Collection Activities: National Historic Landmarks (NHL) Condition Survey
We (National Park Service) will ask the Office of Management and Budget (OMB) to approve the Information Collection (IC) described below. This collection will consist of a survey instrument. As required by the Paperwork Reduction Act of 1995, and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC.
Notice of Availability of the Proposed Notice of Sale for Outer Continental Shelf (OCS) Oil and Gas Lease Sale 229 in the Western Planning Area (WPA) in the Gulf of Mexico; Correction
The Bureau of Ocean Energy Management published a notice that appeared for Public Inspection on July 23, 2012 and published in the Federal Register July 24, 2012. It contained a typographical mistake. This document corrects the error.
Establishment of the U.S. Extractive Industries Transparency Initiative Advisory Committee and Request for Nominees
The U.S. Department of the Interior is establishing and seeking nominations for the U.S. Extractive Industries Transparency Initiative (USEITI) Advisory Committee. The Committee is being established to advise the Department on the implementation the Extractive Industries Transparency Initiative (EITI), which requires governments to publicly disclose their revenues from oil, gas, and mining assets and for companies to make parallel disclosures regarding payments. The Committee will serve as the initial Multi-Stakeholder Group and its duties will include consideration and fulfillment of the tasks required to achieve candidate and compliant status in the EITI.
Endangered Species; Marine Mammals; Receipt of Applications for Permit
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 Federal authorization is acquired that allows such activities.
Administration of Mining Claims and Sites
The Bureau of Land Management (BLM) is issuing this rule to amend regulations on locating, recording, and maintaining mining claims or sites. In this rule, the BLM amends its regulations to respond to a recent law that changes the way the maintenance fee is calculated for unpatented placer mining claims. The law specifies that the holder of an unpatented placer mining claim must pay the initial and annual maintenance fee for each 20 acres or portion thereof contained in the claim; and reiterates that an initial maintenance fee payment is due at the time of recording the claim with the BLM and that the annual maintenance fee is due on or before September 1 of each year.
Agency Information Collection Activities: National Geological and Geophysical Data Preservation Program (NGGDPP)
To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to the Office of Management and Budget (OMB) a new information collection request (ICR) for the extension of the paperwork requirements for the National Geological and Geophysical Data Preservation Program (NGGDPP). This notice provides the public and other Federal agencies an opportunity to comment on the nature of this collection which is scheduled to expire on July 31, 2012.
Notice of Availability of the Final Programmatic Environmental Impact Statement for Solar Energy Development in Six Southwestern States
The Bureau of Land Management (BLM) and the Department of Energy (DOE) (the Agencies) as joint lead agencies announce the availability of the Final Programmatic Environmental Impact Statement for Solar Energy Development in Six Southwestern States (Final Programmatic EIS) (BLM/DES 11-49, DOE/EIS-0403) and associated Proposed BLM Resource Management Plan (RMP) Amendments.
Agency Information Collection Activities: Submitted for Office of Management and Budget (OMB) Review; Comment Request
To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to the Office of Management and Budget (OMB) an information collection request (ICR) for renewal of the currently approved paperwork requirements for the Mineral Resources Program's (MRP) Mineral Resource External Research Program (MRERP). This notice provides the public and other Federal agencies an opportunity to comment on the paperwork burden of these project narrative and report requirements. This collection is scheduled to expire on August 31, 2012.
Secretarial Commission on Indian Trust Administration and Reform
The Office of the Secretary is announcing that the Secretarial Commission on Indian Trust Administration and Reform (the Commission) will hold a public Webinar meeting on August 13, 2012. The Commission has gathered valuable information to begin work on various subcommittees to explore the definitions and foundation of the trust relationship, explore other trust models, review reports and various documents and identify recommendations from previous studies, and consider the nature and scope of necessary audits of the Department's trust administration systems. The Secretarial Commission's charter requires the Commission to provide well-reasoned and factually based recommendations for potential improvements to the existing management and administration of the trust administration system. The Commission is committed to early public engagement and welcomes your participation in these important meetings.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Gila Mayfly as Endangered
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Gila mayfly (Lachlania dencyanna) as endangered 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 the Gila mayfly 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 Gila mayfly 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, as provided in section 4(b)(3)(B) of the Act.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Lost River Sucker and Shortnose Sucker
We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the December 7, 2011, proposed designation of critical habitat for the Lost River sucker (Deltistes luxatus) and shortnose sucker (Chasmistes brevirostris) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat for Lost River sucker and shortnose sucker and an amended required determinations section of the proposal.
Acquisition Regulations; Buy Indian Act; Procedures for Contracting
The Department of the Interior proposes to issue regulations guiding implementation of the Buy Indian Act, which provides the Bureau of Indian Affairs with authority to set aside procurement contracts for Indian-owned and controlled businesses. This rule supplements the Federal Acquisition Regulation (FAR) and the Department of the Interior Acquisition Regulations (DIAR).
Endangered and Threatened Wildlife and Plants; Endangered Status for the Diamond Darter and Designation of Critical Habitat
We, the U.S. Fish and Wildlife Service, propose to list the diamond darter (Crystallaria cincotta) as endangered under the Endangered Species Act of 1973, as amended (Act); and propose to designate critical habitat for the species. In total, approximately 197.1 river kilometers (122.5 river miles) are being proposed for designation as critical habitat. The proposed critical habitat is located in Kanawha and Clay Counties, West Virginia, and Edmonson, Hart, and Green Counties, Kentucky.
Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Draft Environmental Assessment and Draft San Luis Valley Regional Habitat Conservation Plan, Colorado
We, the U.S. Fish and Wildlife Service, have received applications from the Rio Grande Water Conservation District; Alamosa, Conejos, Costilla, Mineral, Rio Grande, and Saguache Counties; the municipalities of Alamosa, Monte Vista, Del Norte, and South Fork; and the State of Colorado Department of Natural Resources (hereafter collectively referred to as ``the applicants'') for incidental take permits under the Endangered Species Act of 1973, as amended (ESA). We are considering issuing the permits in association with implementation of a regional habitat conservation plan (HCP) in the San Luis Valley, Colorado. Pursuant to the ESA and the National Environmental Policy Act, we announce the availability of the draft HCP and draft environmental assessment for review and comment by the public and Federal, Tribal, State, and local governments.
Proposed Reinstatement of Terminated Oil and Gas Lease WYW154148, Wyoming
Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement from Marshall & Winston, Inc., for competitive oil and gas lease WYW154148 for land in Carbon County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Proposed Reinstatement of Terminated Oil and Gas Lease WYW174754, Wyoming
Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement from Hot Springs Resources, Ltd., for competitive oil and gas lease WYW174754 for land in Natrona County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Proposed Reinstatement of Terminated Oil and Gas Lease WYW179184, Wyoming
Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement from Legacy Energy, Inc., for competitive oil and gas lease WYW179184 for land in Park County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Proposed Reinstatement of Terminated Oil and Gas Lease WYW172987, Wyoming
Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement from Tyler Rockies Exploration, LTD, for competitive oil and gas lease WYW172987 for land in Natrona and Converse County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Proposed Reinstatement of Terminated Oil and Gas Lease WYW156551, Wyoming
Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement from EnCana Oil & Gas (USA) for competitive oil and gas lease WYW156551 for land in Natrona County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Agency Information Collection Activities: Submitted for Office of Management and Budget Review, Comment Request
To comply with the Paperwork Reduction Act of 1995 (PRA), the Office of Natural Resources Revenue (ONRR) is notifying the public that we have submitted to the Office of Management and Budget (OMB) an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR parts 1202, 1206, and 1207. This notice also provides the public with a second opportunity to comment on the paperwork burden of these regulatory requirements.
Notice of Public Meetings, Twin Falls District Resource Advisory Council, Idaho
In accordance with the Federal Land Policy and Management Act (FLPMA), the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Twin Falls District Resource Advisory Council (RAC) and subcommittee for the proposed Monument and Cassia Land Use Plan amendments will meet as indicated below.
Endangered and Threatened Wildlife and Plants; Receipt of Application for Incidental Take Permit; Availability of Proposed Low-Effect Habitat Conservation Plan; Marion County Utilities, Marion County, FL
We, the Fish and Wildlife Service (Service), have received an application from Marion County Utilities (applicant), for a 10-year incidental take permit (ITP; TE79178A-0) under the Endangered Species Act of 1973, as amended (Act). We request public comment on the permit application and accompanying proposed habitat conservation plan (HCP), 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.
Proposed Information Collection; Request for Comments: Submission of Offers in Response to Concession Opportunities
We (National Park Service) 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. This IC is scheduled to expire on March 31, 2013. 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.
Notice of Availability of the Proposed Notice of Sale for Outer Continental Shelf (OCS) Oil and Gas Lease Sale 229 in the Western Planning Area (WPA) in the Gulf of Mexico
BOEM announces the availability of the Proposed Notice of Sale (NOS) for proposed Sale 229 in the WPA. This sale will be the first under the Proposed Final OCS Oil and Gas Leasing Program for 2012-2012. With regard to oil and gas leasing on the OCS, the Secretary of the Interior, pursuant to section 19 of the OCS Lands Act, provides the affected states the opportunity to review the proposed NOS. The proposed NOS sets forth the proposed terms and conditions of the sale, including minimum bids, royalty rates, and rentals.
Draft Environmental Assessment and Proposed Habitat Conservation Plan for the San Diego Unified School District's Jonas Salk Elementary School Project in the City of San Diego, San Diego County, CA
We, the U.S. Fish and Wildlife Service (Service), have prepared a draft environmental assessment (EA) under the National Environmental Policy Act (NEPA) for the proposed Jonas Salk Elementary School Project in response to an application from the San Diego Unified School District (District or applicant) for a 10-year incidental take permit under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of one federally listed animal, the San Diego fairy shrimp (Branchinecta sandiegonensis). The applicant would implement a conservation program to mitigate the project impacts, as described in the applicant's habitat conservation plan (plan). We request data, comments, and new information or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on the applicant's permit application, plan, and the associated EA.
Renewal of Agency Information Collection for Tribal Self-Governance Program
In compliance with the Paperwork Reduction Act of 1995, the Assistant SecretaryIndian Affairs is seeking comments on the renewal of Office of Management and Budget (OMB) approval for the collection of information for Tribal Self-Governance Program authorized by OMB Control Number 1076-0143. This information collection expires November 30, 2012.
Endangered and Threatened Wildlife and Plants; Publishing Notice of Receipt of Captive-Bred Wildlife Registration Applications
We, the U.S. Fish and Wildlife Service (Service), are amending the regulations that implement the Endangered Species Act (Act) by establishing public notice-and-comment procedures for applications to conduct certain otherwise-prohibited activities under the Act that are authorized under the Captive-Bred Wildlife (CBW) regulations. This action adds procedural requirements to the processing of applications for registration under the CBW regulations. Notices of receipt of each application will be published in the Federal Register, and the Service will accept public comments on each application for 30 days. If the registration is granted, the Service will publish certain findings in the Federal Register. In addition, for persons meeting the criteria for registering under the CBW Program, each registration will now remain effective for 5 years rather than 3 years.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Tidewater Goby
We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the October 19, 2011, proposed revised designation of critical habitat for the tidewater goby (Eucyclogobius newberryi) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) of the proposed revised designation of critical habitat for tidewater goby and an amended required determinations section of the proposal. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed revised designation, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Sonoran Talussnail as Endangered or Threatened
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Sonoran talussnail (Sonorella magdalenensis) 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 Sonoran talussnail 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, as provided in section 4(b)(3)(B) of the Act.
Minimum Internal Control Standards and Technical Standards
On June 1, 2012, the National Indian Gaming Commission (NIGC) published in the Federal Register two notices of proposed rulemaking for public comment. The deadline for submission of public comments was July 31, 2012. In response to public requests to extend the comment period, the NIGC has determined that an extension of the end of the public comment period from July 31, 2012 until August 15, 2012, is appropriate. This action will allow interested persons additional time to analyze the proposed rules and prepare their comments.
Endangered and Threatened Wildlife and Plants; Listing Foreign Bird Species in Peru and Bolivia as Endangered Throughout Their Range
We, the U.S. Fish and Wildlife Service (We or Service), determine endangered status for the following six South American bird species (collectively referred to as species for purposes of this final rule) under the Endangered Species Act of 1973, as amended (Act): Ash- breasted tit-tyrant (Anairetes alpinus), Jun[iacute]n grebe (Podiceps taczanowskii), Jun[iacute]n rail (Laterallus tuerosi), Peruvian plantcutter (Phytotoma raimondii), royal cinclodes (Cinclodes aricomae), and white-browed tit-spinetail (Leptasthenura xenothorax). These species are in danger of extinction throughout all of their ranges. All six species are native to Peru. The ash-breasted tit-tyrant and royal cinclodes are also native to Bolivia.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease COC73875
Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC73875 from Baseline Minerals, Inc., for lands in Morgan County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease COC66025
Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC66025 from Robert P. Kirgan, for lands in Rio Blanco, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Tribal Consultation Sessions-Department of the Interior Information Technology Infrastructure Consolidation and Reorganization-Amendment
The Office of the Assistant Secretary for Policy, Management and Budget hosted a tribal consultation session on June 13, 2012, at the Office of the Special Trustee in Albuquerque, NM. This amendment includes additional tribal consultation sessions. The purpose of the sessions is to obtain tribal input on the 2012 Information Technology transformation realignment proposal as well as on how Information Technology transformation should be implemented in the coming years.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease COC69997
Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC69997 from SWEPI LP, for lands in Huerfano County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease COC66019
Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC66019 from Robert P. Kirgan, for lands in Rio Blanco, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Notice of Proposed Reinstatement of Terminated Oil and Gas Lease COC66020
Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC66020 from Robert P. Kirgan, for lands in Rio Blanco, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.
Endangered Species; Marine Mammals; Issuance of Permits
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).
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