Department of the Interior January 2013 – Federal Register Recent Federal Regulation Documents

The Secretary of the Interior requests public nominations for persons to serve on the Bureau of Land Management's (BLM) Oregon/ Washington John Day-Snake Resource Advisory Council (RAC). Citizens who serve on this council will provide advice and recommendations to the BLM on land use planning and management of the National System of Public Lands within their geographic areas and management options for National Landscape Conservation System sites like the Spring Basin and Badlands Wilderness Areas as well as the Lower Deschutes and John Day Wild and Scenic Rivers. The BLM will accept public nominations for 15 days after the publication of this notice.

The Bureau of Land Management (BLM) has submitted an information collection request to the Office of Management and Budget (OMB) to continue the collection of information regarding leases of solid minerals other than coal and oil shale. The Office of Management and Budget (OMB) previously approved this information collection activity, and assigned it control number 1004-0121.

The Bureau of Reclamation and the San Joaquin River Exchange Contractors Water Authority have prepared a Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for a 25-Year Water Transfer Program, 2014-2038. The proposed new program would provide for the transfer and/or exchange of up to 150,000 acre-feet of substitute water from the San Joaquin River Exchange Contractors Water Authority to several potential users over a 25-year timeframe (water service years 2014-2038). A Notice of Availability of the joint Draft EIS/EIR was published in the Federal Register on Friday, May 4, 2012 (77 FR 26578). The written comment period on the Draft EIS/EIR ended Tuesday, July 3, 2012. The Final EIS/EIR contains responses to all comments received and reflects comments and additional information received during the review period.

The Bureau of Indian Education (BIE) is announcing its intent to establish an Adequate Yearly Progress Negotiated Rulemaking Committee (Committee). The Committee will recommend revisions to the existing regulations for Adequate Yearly Progress (AYP). As required by the No Child Left Behind Act of 2001, the Secretary will select representatives of Indian tribes for the Committee from among individuals nominated by tribes whose students attend BIE-funded schools operated by either the Bureau or by the tribe through a contract or grant and who would be affected by a final rule. The BIE solicits comments on this proposal to establish the Committee, including comments on additional interests not identified in this notice of intent, and invites tribes to nominate representatives for membership on the Committee.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the following application for a permit to conduct activities with the purpose of enhancing the survival of endangered species. The Endangered Species Act of 1973, as amended (Act), prohibits certain activities with respect to endangered species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing such permits.

We are announcing receipt of a proposed amendment to the North Dakota regulatory program (hereinafter, the ``North Dakota program'') under the Surface Mining Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). North Dakota intends to revise its program to be consistent with the corresponding Federal regulations, add a new subsection to an existing rule with general requirements on the format of electronic applications, and make a minor correction to a provision pertaining to a separate rule which was amended to no longer require renewal of a permit once lands in that permit are no longer being mined or used in the support of mining. This document gives the times and locations that the North Dakota program and proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.

This notice sets forth the dates of the February 9; May 4; July 2; and November 2, 2013, meetings of the Flight 93 Advisory Commission.

This notice informs all lessees, operators, permittees, and right-of-way (ROW) holders that certain BOEM fees are being adjusted for inflation, as provided for in BOEM regulations at 30 CFR Sec. 550.125 and 30 CFR Sec. 556.63.

The Bureau of Land Management (BLM) requests public nominations for five persons to serve on the Steens Mountain Advisory Council. Citizens who serve on these groups provide advice and recommendations to the BLM on land use planning and management of the Steens Mountain Cooperative Management and Protection Area. The BLM will accept public nominations for 30 days after the publication of this notice.

The Bureau of Reclamation and the Placer County Water Agency are canceling plans to continue work on a joint environmental impact statement/environmental impact report (EIS/EIR) on implementing the Sacramento River Water Reliability Study.

The Secretary of the Interior (Secretary), after consultation with the General Services Administration, has renewed the Trinity River Adaptive Management Working Group (Working Group) for 2 years. The Working Group provides recommendations on all aspects of the implementation of the Trinity River Restoration Program and affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River restoration efforts.

Vermejo Park, LLC, d/b/a Vermejo Park Ranch (Applicant), has applied for an enhancement of survival permit pursuant to Section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended. The permit application includes a draft Candidate Conservation Agreement with Assurances (CCAA) between the U.S. Fish and Wildlife Service (Service) and Vermejo Park Ranch for the Rio Grande cutthroat trout in Taos County, New Mexico, and Costilla County, Colorado. If the Rio Grande cutthroat trout becomes listed in the future, the enhancement of survival permit will become effective, authorizing incidental take of Rio Grande cutthroat trout resulting from ongoing, otherwise lawful activities on enrolled lands. The draft CCAA and the draft environmental assessment are available for public review, and we seek public comment on the potential issuance of the above permit.

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), Pecos District Resource Advisory Council (RAC), will meet as indicated below.

The Bureau of Land Management (BLM) has submitted an information collection request to the Office of Management and Budget (OMB) to continue the collection of information under the General Mining Law. The Office of Management and Budget (OMB) has assigned control number 1004-0025 to this information collection.

Pursuant to Sec. 102(2) (C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended), and the Council on Environmental Quality Regulations (40 CFR part 1500-1508), the National Park Service has prepared a Draft Environmental Impact Statement (DEIS) for the proposed Tuolumne Wild and Scenic River Comprehensive Management Plan (TRPCMP). The TRPCMP/DEIS addresses requirements of the Wild and Scenic Rivers Act (Pub. L. 90-542, as amended) (WSRA), and will provide long-term guidance for management of the 54 miles of the Tuolumne River that flows through Yosemite National Park. The DEIS evaluates potential environmental consequences of implementing a range of alternatives, including a no-action (continue with current management) alternative and five action alternatives. Both the agency- preferred and environmentally preferred alternatives are identified. The purpose of the TRPCMP is to guide the park in protecting the river's free-flowing character and the values that make it worthy of designation by (1) reviewing and updating river corridor boundaries and segment classifications, (2) prescribing a process for the protection of the river's free-flowing condition, (3) identifying and documenting the condition of the river's outstandingly remarkable values, (4) establishing management objectives for river values and a monitoring program for ensuring the objectives are met, (5) identifying management actions needed to protect and enhance river values, and (6) defining visitor use and user capacity for the river corridor. Portions of the 1980 Yosemite General Management Plan (GMP) addressing management inside the Tuolumne Wild and Scenic River corridor also will be updated; specific GMP amendments are outlined in the DEIS. Proposal and Alternatives: Based on a thorough examination of the river's baseline conditions, the TRPCMP/DEIS presents a multi-faceted approach to river management and stewardship. Because of the WSRA mandate to ``protect and enhance'' river values, most of the plan's contents are common to all the action alternatives, including (1) all WSRA management elements (boundaries, classifications, Sec. 7 determination process), (2) an ecological restoration program and other management actions, (3) a monitoring program, and (3) a user capacity management program. As discussed in detail in the DEIS, Alternative 5 is deemed to be the environmentally preferred course of action. Since the conservation planning and environmental impact analysis process began in 2005, the TRPCMP/DEIS has been methodically developed by park subject-matter experts, with attention to information provided by culturally-associated American Indian tribes, gateway communities, nonprofit organizations, and interested members of the public. Throughout the early conservation planning and environmental impact analysis effort, information was sought at over 127 public meetings, workshops, and presentations. At these events, the public was invited to share ideas that could be used in the development of a range of alternatives that would achieve NPS goals, while ensuring accessibility, public safety, resource protection, and protection and enhancement of river values. As noted above, a no-action alternative and five action alternatives for managing the Tuolumne Wild and Scenic River are identified and analyzed. The five action alternatives represent the primary themes expressed during public scoping. Potential impacts are analyzed and appropriate mitigation measures are assessed for each alternative. Per WSRA direction, all of the action alternatives would protect and enhance the values for which the Tuolumne was designated, including its free-flowing condition, excellent water quality, and outstandingly remarkable values. In addition, all action alternatives would preserve and sustain wilderness character, including natural ecosystem function and opportunities for primitive recreation in the more than 90 percent of the river corridor that is classified wild per the WSRA (some portions are also located in designated wilderness). Differences among the alternatives revolve primarily around a range of desired visitor experiences, levels of facilities needed to protect and enhance river values in Tuolumne Meadows and Glen Aulin, and use levels throughout the river corridor. The scenic segment below O'Shaughnessy Dam and the Tioga Road corridor east of Tuolumne Meadows would be managed the same under all the action alternatives in a manner that is protective of river values. The guidance for those segments of the river classified as wild (which are also part of congressionally designated wilderness) are similar under all the alternatives, although differences in visitor use management are identified and assessed. All alternatives accommodate traditional cultural practices by American Indian tribes. Numeric user capacities differ among the alternatives, based on the types of visitor experiences, levels of facilities needed to protect river values, and actions taken to achieve the various objectives. Day and overnight capacities for the entire river corridorand the actions required to manage to proposed capacitiesare considered for all alternatives. No Action Alternative. Continuing current management and trends would result in additional localized impacts associated with roadside parking in Tuolumne Meadows and facilities located in sensitive riverine locations. Common to Action Alternatives. In response to public comments and in keeping with findings related to baseline conditions, all action alternatives call for an ecological restoration program, elimination of roadside parking in Tuolumne Meadows with slight expansion of existing parking areas, elimination of social trails in meadows and riparian areas, removal of concessioner housing from sensitive areas, relocation of the Cathedral Lakes trailhead to the current visitor center location, retention of the Tuolumne Meadows campground, and either no expansion or a reduction of overnight lodging. Alternative 1. Alternative 1 responds to those members of the public who advocated emphasis on primitive and self-reliant experiences in the river corridor while providing a wilderness staging area and a focal point for High Sierra interpretation and education at Tuolumne Meadows. Subalpine meadow and riparian areas would be protected from visitor-related impacts by restoring informal trails, mitigating the hydrologic impacts caused by historic trail segments, and eliminating all facilities except trails and roads from meadow and riparian areas. Most amenities and commercial services would be discontinued at Tuolumne Meadows, including the store and grill, gas station, Tuolumne Meadows Lodge, and trail rides. The Glen Aulin High Sierra Camp would be removed and the area restored to natural conditions. Overall, use levels in the river corridor would be the lowest in the range of alternatives considered. Alternative 2. Alternative 2 responds to those members of the public who voiced a desire for a greater diversity of day use opportunities (including limited kayaking, by permit) and a modest increase in campground capacity, while retaining the rustic lodges at Tuolumne Meadows and Glen Aulin. This alternative would facilitate resource enjoyment and stewardship by a broad spectrum of visitors, including people discovering the area for the first time, by encouraging short interpretive walks and picnicking. To facilitate these connections, a picnic and parking area would be located across from the Parsons Lodge trailhead on Tioga Road. The visitor center and other core visitor services would be co-located at the site of the existing Tuolumne Meadows store. Overall, use levels in the river corridor would be the highest in the range of alternatives considered, and river values would be protected by directing visitors to those areas most able to withstand use. Alternative 3. Alternative 3 responds to those members of the public who desired a Tuolumne experience largely the same as today, while facilitating the changes needed to protect and enhance river values. Alternative 3 would emphasize the historic character of Tuolumne, while providing opportunities for visitors to connect with the river through its historic landscape character and traditional, unconfined experiences. Wilderness-oriented recreational opportunities would be encouraged and river-related systems would be sustained by natural ecological processes. Most facilities at Tuolumne Meadows would remain in their dispersed locations, however some may be relocated to protect sensitive areas. Glen Aulin High Sierra Camp would remain at a slightly reduced capacity. Overall, use levels would fall within the middle of the range of alternatives considered. Alternative 4. Alternative 4 responds to those members of the public who wanted visitor activities and amenities to be secondary to protecting and enhancing the integrity and connectivity of river- related ecological communities, particularly at Tuolumne Meadows. The rustic lodge at Tuolumne Meadows would be reduced to half its current capacity and other commercial services would be eliminated, including the gas station and commercial day rides. Facilities and like functions at Tuolumne Meadows would be consolidated and visitor experiences would be facilitated in a manner that connects people with the river and emphasizes the importance of protecting meadow and riparian ecosystems. Capacity at the Glen Aulin High Sierra Camp would be reduced. Overall, use levels would fall within the middle of the range of alternatives considered, and management of visitor use would be intensive, including possible closures to facilitate ecological recovery. Alternative 5. Alternative 5 (agency-preferred and environmentally preferred) would combine elements from alternatives 2, 3 and 4, to balance greater protection of ecological communities while allowing for traditional wilderness-oriented visitor experiences. While most visitor services would remain, the gas station and concessioner trail rides would be eliminated. A small visitor contact station, picnic and parking area would be located across from the Parsons Lodge trailhead on Tioga Road. Glen Aulin High Sierra Camp would be reduced to nearly half its current capacity. Overall, use levels would fall within the middle of the range of alternatives considered, and management of visitor use would be intensive, including possible closures to facilitate ecological recovery. Since some portions of the DEIS planning area have historic structures or are located in designated wilderness, appendices are included which address (1) role of 1999 and 2008 programmatic agreements between Yosemite NP and the State Historic Preservation Office in protecting and managing historic structures, and (2) the extent to which commercial services are necessary in wilderness. Public Involvement. On July 10, 2006, the Notice of Intent to prepare an EIS was published in the Federal Register, formally initiating a 60-day public scoping period. At that time a letter from the Superintendent was sent to over 6,000 interested members of the public on the park's Planning Mailing list, soliciting ideas, issues, and concerns relating to the scope of this planning effort. Press releases were sent to local and regional newspapers announcing details of the 60-day public scoping period, including information about public meetings. In July and August 2006, a series of thirteen public scoping meetings were held; in addition, an on-site visit was hosted in Tuolumne Meadows on August 29, 2006. In addition to local and regional press media, public meetings were publicized on the park's Web site, through emailed notices on the park's electronic newsletter, and on various state-wide online bulletin boards. The scoping period was extended for an additional two weeks in deference to public requests. Overall there were 457 public responses (including letters, faxes, emails, comment forms, and public meeting flip-chart notes), and over 4,000 individual comments. From 2006-2010 over 127 public meetings, presentations, workshops, field visits, and open houses were conducted in support of preparation of the Tuolumne River Plan. These included all-tribes meetings, public work sessions to parallel planning team work sessions (known as ``Planner-for-a-Day'' workshops), socioeconomic workshops held in gateway communities, open houses and other public forums, meetings with park staff, and presentations to other land management agencies and stakeholder groups. The park's Web site served as a central repository for not only information about the plan's status, but various products for public commentincluding two separate workbooks devoted to release of preliminary concepts and early alternatives. How to Comment: All comments must be transmitted or postmarked not later than 60 days from the date the U. S. Environmental Protection Agency publishes their notice of filing of the DEIS in the Federal Register. Immediately upon confirmation of this date it will be announced via local and regional news media, through direct mailings, and posted on the project Web sites. Written comments should be mailed to: Superintendent, Yosemite National Park, Attn: Tuolumne River Plan DEIS, P.O. Box 577, Yosemite, California 95389. If preferred, comments also may be transmitted electronically through the https:// parkplanning.nps.gov/yosetrp Web site. Before including your address, phone number, email 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. During the public review period public meetings will be hosted in Yosemite gateway communities, as well as in Yosemite Valley and Tuolumne Meadows; Web-based meetings will also take place. Public site visits may be offered during the public review period, depending upon weather conditions. All meeting and site visit locations and dates will be announced similarly as noted above for the comment due date, and will be included in the Yosemite electronic newsletter and posted on the Yosemite National Park Web site https://www.nps.gov/yose/parkmgmt/ trp.htm. Limited printed and CD copies of the TRPCMP/DEIS will be available, and may be requested by email (yose_planning@nps.gov) or telephone at (209) 379-1110. The document will be sent directly to congressional delegations, state and local elected officials, federal and state agencies, tribes, organizations, local businesses, public libraries, and the news media. Printed copies can be viewed at local and regional libraries (i.e., El Portal, Mariposa, Oakhurst, Sonora, San Francisco, and Los Angeles). Electronic versions will be available online at https://parkplanning.nps.gov/yosetrp, or may be accessed through the Yosemite National Park Web site https://www.nps.gov/yose/parkmgmt/ trp.htm. Decision Process: All comments received on the TRPCMP/DEIS will be duly considered in preparing the Final EIS. The Final EIS is expected to be available in early 2013; availability of the document will be announced in a manner similar to that used for the DEIS, including publication of a notice of availability in the Federal Register. A Record of Decision would be prepared not sooner than 30 days after release of the Final EIS. Because this is a delegated EIS, the official responsible for approving the final plan is the Regional Director, Pacific West Region, National Park Service; subsequently the official responsible for implementation of the approved Tuolumne Wild and Scenic River Comprehensive Management Plan will be the Superintendent, Yosemite National Park.

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

Pursuant to Sec. 102(2)(C) the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service (NPS) is releasing a Draft Environmental Impact Statement (DEIS) for the Off- Road Vehicle Management Plan (Plan), Lake Meredith National Recreation Area (LAMR), Texas. The Plan/DEIS evaluates the impacts of four alternatives that address off-road vehicle (ORV) management in the national recreation area. It also assesses the impacts that could result from continuing the current management framework in the no action alternative. The selected alternative will guide ORV management at LAMR for the next 15 years.

The National Indian Gaming Commission (NIGC or Commission) is amending certain NIGC regulations concerning background investigations and licenses to streamline the submission of documents to the Commission; to ensure that two notifications are submitted to the Commission in compliance with the Indian Gaming Regulatory Act (IGRA); and to clarify the regulations regarding the issuance of temporary and permanent gaming licenses.

We, the U.S. Fish and Wildlife Service, propose to list the Zuni bluehead sucker as an endangered species under the Endangered Species Act and propose to designate critical habitat for the species. If we finalize this rule as proposed, it would extend the Act's protections to this subspecies and its critical habitat. The effect of these regulations will be to conserve the Zuni bluehead sucker and protect its habitat under the Act.

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

The Arkansas State University Museum has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian tribes, and has determined that, pursuant to 25 U.S.C. 3001(2), 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 Arkansas State University Museum. Repatriation of the human remains and associated funerary objects to the Indian tribe stated below may occur if no additional claimants come forward.

The Bureau of Land Management (BLM), Utah State Office, in consultation with the appropriate Indian tribes, has determined that the cultural item meets the definition of both a sacred object and an object of cultural patrimony, and repatriation to the Indian tribe stated below may occur if no additional claimants come forward. Representatives of any Indian tribe that believes itself to be culturally affiliated with the cultural item may contact the BLM Utah State Office at the below address.

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

The Native American Graves Protection and Repatriation Review Committee (Review Committee) was established by Section 8 of the Native American Graves Protection and Repatriation Act (NAGPRA; 25 U.S.C. 3006), and is an advisory body governed by the Federal Advisory Committee Act (5 App. U.S.C. 1-16). At a November 17-19, 2010 public meeting in Washington, DC, and acting pursuant to its statutory responsibility to convene the parties to a dispute relating to the return of cultural items, and to facilitate the resolution of such a dispute, the Review Committee heard a dispute between the Wrangell Cooperative Association, joined by Sealaska Corporation, and the Alaska State Museum. The issue before the Review Committee was whether, in response to a request for the repatriation of a cultural item in the possession of the Alaska State Museum, the Alaska State Museum presented evidence proving that the Museum has a ``right of possession'' to the cultural item, as this term is defined in the NAGPRA regulations. The Review Committee found that the Alaska State Museum had not presented evidence proving that the Museum has a ``right of possession'' to the cultural item. The Review Committee meeting transcript containing the dispute proceedings and Review Committee deliberation and finding is available from the National NAGPRA Program upon request (NAGPRA_Info@nps.gov).

Notice is hereby given, in accordance with Public Laws 92-463 and 94-579, that the California Desert District Advisory Council (DAC) to the Bureau of Land Management (BLM), U.S. Department of the Interior, will meet in formal session on Saturday, February 9, 2013, from 8 a.m. to 4:30 p.m. at the Hampton Inn & Suites, 2710 Lenwood Rd., Barstow, CA 92311. There also will be a field trip on Friday, February 8, from 8 a.m. to 4:30 p.m. on BLM-administered lands. Meeting and field trip details will be posted on the DAC web page, https:// www.blm.gov/ca/st/en/info/rac/dac.html, when finalized. Agenda topics for the Saturday meeting will include a focus on renewable energy, including the proposed Desert Renewable Energy Conservation Plan, as well as updates by council members, the BLM California Desert District manager, five field office managers, and council subgroups. Final agenda items will be posted on the DAC Web page listed above.