Department of the Interior 2012 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on the August 15, 2011, proposed designation of revised critical habitat for the southwestern willow flycatcher (Empidonax traillii extimus) (flycatcher) under the Endangered Species Act of 1973, as amended (Act). We are reopening the comment period to allow all interested parties an opportunity to comment on our amended required determinations and revisions to the proposed revised designation, which include additional areas as proposed critical habitat on two streams within the Santa Cruz Management Unit, Arizona, and revisions to areas being considered for exclusion under section 4(b)(2) of the Act. We are accepting comments on the draft environmental assessment prepared in compliance with the National Environmental Policy Act (NEPA) and the draft economic analysis associated with the proposed rule. We are also providing notice of a public informational session and hearing (see DATES and ADDRESSES). Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

Notice is hereby given, pursuant to 25 CFR 514.1(a)(3), that the National Indian Gaming Commission has adopted final annual fee rates of 0.00% for tier 1 and 0.074% (.00074) for tier 2 for calendar year 2012. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a Tribe has a certificate of self-regulation under 25 CFR part 518, the final fee rate on class II revenues for calendar year 2012 shall be one-half of the annual fee rate, which is 0.037% (.00037).

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are removing a disapproval codified in OSM regulations concerning a 1986 proposed amendment to the enforcement provisions of the Wyoming regulatory program (the Wyoming program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The disapproval is no longer necessary because Wyoming subsequently submitted and obtained approval of replacement regulations.

The Gregg County Historical Museum has completed an inventory of human remains and associated funerary objects in consultation with the appropriate Indian tribe and has determined that there is a cultural affiliation between the human remains and associated funerary objects and a present-day Indian tribe. Representatives of any Indian tribe that believes itself to be culturally affiliated with the human remains and associated funerary objects may contact the Gregg County Historical Museum. Repatriation of the human remains and associated funerary objects to the Indian tribe stated below may occur if no additional claimants come forward.

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 1227, 1228, and 1229. This notice also provides the public with a second opportunity to comment on the paperwork burden of these regulatory requirements.

We, the Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for Culebra National Wildlife Refuge (NWR) in the municipality of Culebra, Puerto Rico, for public review and comment. In this 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.

We are approving, on an interim basis, an amendment to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). West Virginia revised its Surface Coal Mining and Reclamation Act (WVSCMRA) to effect changes concerning the special reclamation tax and apportionment of this tax. This amendment is intended to increase and extend the special reclamation tax. Moreover, a specific portion of this tax will be allocated to the Special Reclamation Water Trust Fund for the purpose of designing, constructing and maintaining water treatment systems on forfeited mine sites. We are approving the reinstatement of the special reclamation tax, its increase to twenty- seven and nine-tenths cents per ton of clean coal mined, as well fifteen cents of the amount collected allocated for deposit to the Special Reclamation Water Trust Fund.

Pursuant to the Mineral Leasing Act of 1920, as amended by the Federal Coal Leasing Amendments Act of 1976, and to Bureau of Land Management (BLM) regulations, all interested parties are hereby invited to participate with Kiewit Mining Properties, Inc., on a pro rata cost- sharing basis, in its program for the exploration of coal deposits owned by the United States of America in Campbell County, Wyoming.

The City of Phoenix (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit (TE75475A-0) pursuant to the Endangered Species Act (Act), as amended. The requested permit, which is for a period of 50 years, would authorize incidental take of Yuma clapper rail (Rallus longirostris yumanensis) and southwestern willow flycatcher (Empidonax traillii extimus) as a result of operation and maintenance activities associated with the Tres Rios Project, and a potential return to baseline conditions. We invite the public to review and comment on the permit application and the associated draft Safe Harbor Agreement (SHA).

We, the U.S. Fish and Wildlife Service (Service), announce that we are further revising our proposed revised designation of critical habitat for the Buena Vista Lake shrew (Sorex ornatus relictus) under the Endangered Species Act of 1973, as amended (Act). In 2009, we proposed to revise our critical habitat designation to consist of 4,649 acres (1,881 hectares) of land in five units in Kern County. That acreage has been recalculated, with use of current Geographic Information Systems technology, as 4,657 acres (1,885 hectares). In this revised proposal, we propose to add 525 acres (212 hectares) as critical habitat in the general areas of Kings and Kern Counties, California, including new units near Lemoore, Kings County, and near Semitropic, Kern County, California. In total, we are now proposing to designate approximately 5,182 acres (2,098 hectares) as critical habitat for the Buena Vista Lake shrew. We are reopening the comment period to allow interested parties an opportunity to comment on the proposal to revise the designation of critical habitat for the Buena Vista Lake shrew as proposed to be further revised in this document.

Pursuant to the regulations implementing the procedural provisions of NEPA, BOEM is announcing its intent to prepare a Supplemental EIS for proposed Western Planning Area (WPA) Lease Sale 233 and Central Planning Area (CPA) Lease Sale 231 (WPA/CPA Supplemental EIS). The proposed lease sales are in the Gulf of Mexico's WPA off the States of Texas and Louisiana and in the CPA off the States of Louisiana, Mississippi, and Alabama. The WPA/CPA Supplemental EIS will update the environmental and socioeconomic analyses in the Gulf of Mexico OCS Oil and Gas Lease Sales: 2012-2017; WPA Lease Sales 229, 233, 238, 246, and 248; CPA Lease Sales 227, 231, 235, 241, and 247, Final Environmental Impact Statement (OCS EIS/EA BOEM 2012-019) (WPA/ CPA Multisale Final EIS). The WPA/CPA Multisale Final EIS was completed in July 2012. A Supplemental EIS is deemed appropriate to supplement the WPA/CPA Multisale Final EIS for these lease sales in order to consider new circumstances and information arising, among other things, from the Deepwater Horizon event. The WPA/CPA Supplemental EIS analysis will focus on updating the baseline conditions and potential environmental effects of oil and natural gas leasing, exploration, development, and production in the WPA and CPA. The WPA/CPA Supplemental EIS will also analyze the 1.4 nautical mile (nmi) buffer area in the Western Gap, which was excluded from the WPA/CPA Multisale EIS but which may be available in the proposed lease sale or subsequent sale. The WPA/CPA Supplemental EIS will assist decisionmakers in making informed decisions regarding the approval of operations, as well as leasing. The WPA/CPA Supplemental EIS analysis will focus on the potential environmental effects of oil and natural gas leasing, exploration, development, and production in the areas identified as the proposed lease sale areas. In addition to the no action alternative (i.e., canceling the proposed sales), other alternatives may be considered for each proposed lease sale, such as deferring certain areas from the proposed lease sales.

We (U.S. Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. 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. This IC is scheduled to expire on January 31, 2013. 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.

We, the U.S. Fish and Wildlife Service (Service), announce a public meeting of the U.S. Coral Reef Task Force (USCRTF) and a request for written comments. This meeting, the 28th biannual meeting of the USCRTF, provides a forum for coordinated planning and action among Federal agencies, State and territorial governments, and nongovernmental partners.

The Assistant SecretaryIndian Affairs, made a final agency determination to acquire approximately 7,393.75 acres of land into trust for the Pueblo of Santo Domingo on January 27, 2012.

This notice publishes the Amendment to the Poarch Band of Creek IndiansAlcohol Beverage Control Ordinance. This Ordinance regulates and controls the possession, sale and consumption of liquor within the Poarch Band of Creek Indians' Indian country. This Ordinance allows for the possession and sale of alcoholic beverages within the jurisdiction of the Poarch Band of Creek Indians, will increase the ability of the tribal government to control the liquor distribution and possession of liquor within their Indian country, and at the same time, will provide an important source of revenue, the strengthening of the tribal government and the delivery of tribal services.

We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the Maytenus cymosa (Caribbean mayten), a tree, 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 does not present substantial information indicating that listing M. cymosa 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, M. cymosa or its habitat at any time.

The Bishop Museum has completed an inventory of human remains in consultation with the appropriate Native Hawaiian Organizations, and has determined that there is a cultural affiliation between the human remains and present-day Native Hawaiian Organizations. Representatives of any Native Hawaiian Organization that believes itself to be culturally affiliated with the human remains may contact the Bishop Museum. Repatriation of the human remains to the NHOs stated below may occur if no additional claimants come forward.

The Wesleyan University, Middleton, CT, has completed an inventory of human remains, in consultation with the appropriate Indian tribes, and has determined that there is a cultural affiliation between the human remains and present-day Indian tribes. Representatives of any Indian tribe that believes itself to be culturally affiliated with the human remains may contact Wesleyan University, Middleton, CT. Repatriation of the human remains to the Indian tribes stated below may occur if no additional claimants come forward.

BOEM has prepared an environmental assessment (EA) considering the reasonably foreseeable environmental impacts and socioeconomic effects of issuing renewable energy leases and subsequent site characterization activities (geophysical, geotechnical, archaeological, and biological surveys needed to develop specific project proposals on those leases) in an identified Wind Energy Area (WEA) on the OCS offshore Rhode Island (RI) and Massachusetts (MA). This EA also considers the reasonably foreseeable environmental impacts associated with the approval of site assessment activities (including the installation and operation of meteorological towers and buoys) on the leases that may be issued in the WEA. The purpose of this notice is to inform the public of the availability of the EA for review and to solicit public comments on the EA. The EA can be found online at http:/ /www.boem.gov/Renewable-Energy-Program/Smart-from-the-Start/I ndex.aspx.

The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). This meeting is open to the public, and interested persons may present oral or written statements.

The Bureau of Land Management (BLM) announces the Notice of Availability (NOA) of the Record of Decision (ROD) for the KRoad Moapa Solar Facility located in Clark County, Nevada. The Secretary of the Interior approved the ROD on June 21, 2012, which constitutes the final decision of the Department of the Interior.

In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM) Front Range Resource Advisory Council (RAC), will meet as indicated below.

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service (NPS) announces the availability of a Draft Supplemental Environmental Impact Statement (Draft SEIS) for a Winter Use Plan for Yellowstone National Park, located in Idaho, Montana and Wyoming.