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

In compliance with the National Environmental Policy Act of 1969 (NEPA), as amended, and the Federal Land Policy and Management Act (FLPMA) of 1976, as amended, the Bureau of Land Management (BLM) is extending the scoping period for the Oklahoma, Kansas, and Texas planning area, which was originally initiated on July 26, 2013 (78 FR 45266). The purpose of the ongoing scoping process is to solicit public comments and identify issues. The BLM is also soliciting resource information for coal and other resources in the planning area.

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. 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 (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 February 28, 2014. 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.

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 January 15, 2014.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for Patuxent Research Refuge (Patuxent RR, refuge), located in Prince George's and Anne Arundel Counties, Maryland. In this final CCP, we describe how we will manage the refuge for the next 15 years.

The Bureau of Land Management, Oregon/Washington, published a document in the Federal Register on October 28, 2013, regarding a public meeting of the John Day/Snake Resource Advisory Council which was scheduled for November 14 and 15, 2013. The meeting was cancelled.

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision will be issued by the Bureau of Land Management (BLM) to Paimiut Corporation. The decision approves the surface estate in certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act (ANCSA) (43 U.S.C. 1601, et seq.). The lands approved for conveyance lie partially within a national wildlife refuge in existence on the date ANCSA was enacted, December 18, 1971. As provided by ANCSA, the subsurface estate in the lands lying outside the refuge will be conveyed to Calista Corporation when the surface estate is conveyed to Paimiut Corporation. The subsurface estate in the lands lying within the refuge is not available for conveyance to Calista Corporation and will be reserved to the United States at the time of conveyance. The lands are in the vicinity of Paimiut, Alaska and are described as:

This notice announces the availability of the Draft Bay Delta Conservation Plan and Natural Community Conservation Plan (BDCP, or the Plan) and Draft BDCP Environmental Impact Report/Environmental Impact Statement (EIR/EIS) for public review and comment. In response to receipt of an application from the California Department of Water Resources and certain State and Federal water contractors (the Applicants), the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), are considering the proposed action of issuing 50-year incidental take permits (ITPs) under the Endangered Species Act (ESA) of 1973, as amended. The proposed ITPs would authorize the take of individual species listed under the ESA. The permits are needed because take of species could occur as a result of implementation of activities, including those associated with water operations of the California State Water Project by the California Department of Water Resources. Covered activities in the Plan include the construction, operation, monitoring, and maintenance associated with water conveyance, ecosystem restoration, and other activities in the Sacramento-San Joaquin Delta (Delta) and vicinity as described in the BDCP. The Bureau of Reclamation's (Reclamation's) proposed Federal action is to change operation of Central Valley Project (CVP) facilities in the Delta consistent with the BDCP; this operations change would support implementation of coordinated operation of the CVP with the California State Water Project. Reclamation may also make decisions regarding wheeling CVP water through new Delta conveyance facilities, and implementing habitat restoration and monitoring actions proposed by the BDCP that are consistent with Reclamation's regulatory requirements, programs, authorities, and appropriations. These three Federal co-lead agencies have not selected a preferred alternative at this time.

The Bureau of Land Management (BLM) is considering a parcel of public land totaling 60 acres adjacent to the Jim Bridger Power Plant landfill and located approximately 30 miles east of Rock Springs, Wyoming in Sweetwater County for a direct sale to PacifiCorp under the provisions of the Federal Land Policy and Management Act of 1976 (FLPMA), as amended, for not less than the appraised fair market value (FMV).

We, the U.S. Fish and Wildlife Service, propose a revised special rule under authority of section 4(d) of the Endangered Species Act of 1973, as amended (Act), that provides measures that are necessary and advisable to provide for the conservation of the lesser prairie-chicken (Tympanuchus pallidicinctus). In addition, we announce the reopening of the public comment period on the December 11, 2012, proposed rule to list the lesser prairie-chicken as a threatened species under the Act. We also announce the availability of the final Lesser Prairie-Chicken Range-Wide Conservation Plan, which has been prepared by the Lesser Prairie-Chicken Interstate Working Group, and our endorsement of the plan, and request comments on the plan as it relates to our determination of status under section 4(a)(1) of the Act.

We, the U.S. Fish and Wildlife Service, announce a 12-month finding on a petition to reclassify Eriodictyon altissimum (Indian Knob mountain balm) as a threatened species under the Endangered Species Act of 1973, as amended (Act). After review of the best available scientific and commercial information, we find that reclassifying E. altissimum as threatened is not warranted at this time. However, we ask the public to submit to us any new information that becomes available concerning the threats to E. altissimum or its habitat at any time.

We, the U.S. Fish and Wildlife Service (Service), have received an application from the Utah Division of Wildlife Resources (UDWR) for an enhancement of survival permit (permit) under the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed programmatic Candidate Conservation Agreement with Assurances (CCAA) for the least chub, a fish endemic to the Bonneville Basin of Utah. We have made a preliminary determination that the proposed CCAA and permit issuance are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for our preliminary determination is contained in an Environmental Action Statement. We are accepting comments on the permit application, the proposed CCAA, and the Environmental Action Statement.

This notice provides BOEM's determination that there is no competitive interest in the area requested by the Commonwealth of Virginia, Department of Mines Minerals and Energy (DMME) to acquire an OCS research lease as described in the Public Notice of an Unsolicited Request for an OCS Research Lease; Request for Competitive Interest (RFCI); and Request for Public Comment, that BOEM published on July 30, 2013, (78 FR 45965-45968). The RFCI described the proposal submitted to BOEM by the DMME to acquire an OCS lease for renewable energy research activities, including wind turbine installation and operational testing and installation of metocean monitoring equipment on the OCS off the coast of Virginia, and provided an opportunity for the public to submit comments about the proposal.

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) prohibits activities with listed species unless Federal authorization is acquired that allows such activities.

The Federal Geographic Data Committee (FGDC) proposes to withdraw the Spatial Data Transfer Standard (SDTS), Parts 1-7, https:// www.fgdc.gov/standards/projects/FGDC-standards-projects/SDTS/ index html, as an FGDC-endorsed standard. FGDC maintenance authority agencies were asked to review the relevance of the SDTS, and they responded that the SDTS is no longer used by their agencies. The SDTS had provided a common mechanism for transferring digital geospatial data among different systems and for sharing and integrating data from many diverse sources. For more information about the SDTS, refer to the SUPPLEMENTARY INFORMATION section. The FGDC seeks comment from any organization that continues to provide data in the SDTS format and would prefer to retain the SDTS as an FGDC-endorsed standard. Alternatively, it seeks comment from any organization that supports withdrawal of the SDTS Parts 1-7 as an FGDC- endorsed standard. FGDC Standards Directive 9, Maintenance, https://www.fgdc.gov/standards/process/standards-directives/di rective- 09, requires a 90-day public comment period for proposals to withdraw FGDC-endorsed standards.

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 the Reporting System for the Indian Employment, Training, and Related Services Demonstration Act of 1992 (as amended) Demonstration Project authorized by OMB Control Number 1076-0135. This information collection expires December 31, 2013.

In accordance with the Oil Pollution Act of 1990 (OPA) and the National Environmental Policy Act (NEPA), the Federal and State natural resource trustee agencies (Trustees) have prepared a Draft Programmatic and Phase III Early Restoration Plan and Draft Early Restoration Programmatic Environmental Impact Statement (Draft Phase III ERP/PEIS). The Draft Phase III ERP/PEIS considers programmatic alternatives to restore natural resources, ecological services, and recreational use services injured or lost as a result of the Deepwater Horizon oil spill. The restoration alternatives are comprised of early restoration project types; the Trustees additionally propose forty-four specific early restoration projects that are consistent with the proposed early restoration program alternatives. The Trustees have developed restoration alternatives and projects to utilize funds for early restoration being provided under the Framework for Early Restoration Addressing Injuries Resulting from the Deepwater Horizon Oil Spill (Framework Agreement) discussed below. Criteria and evaluation standards under the OPA natural resource damage assessment regulations and the Framework Agreement guided the Trustees' consideration of programmatic restoration alternatives. The Draft Phase III ERP/PEIS evaluates these restoration alternatives and projects under criteria set forth in the OPA natural resource damage assessment regulations and the Framework Agreement. The Draft Phase III ERP/PEIS also evaluates the environmental consequences of the restoration alternatives and projects under NEPA. The purpose of this notice is to inform the public of the availability of the Draft Phase III ERP/PEIS and to seek public comments on the document. This Notice of Availability also serves as notice that the Trustees intend to use components of existing restoration projects, as further described in the Draft Phase III ERP/PEIS, as required by 15 CFR 990.56(b)(3). In those instances, the projects were previously developed with public review and comment and are subject to current public review and comment; are adequate to compensate the environment and public as part of the Trustees' ongoing early restoration efforts; address resources that have been identified by Trustees as being injured by the Deepwater Horizon oil spill; and are reasonably scalable for early restoration purposes.

This rule authorizes bicycle use on new and existing multi-use trails and administrative roads within the New River Gorge National River. The rule is necessary because the National Park Service general regulation for bicycle use requires publication of a special regulation when new trails are constructed outside of developed areas.

We, the U.S. Fish and Wildlife Service (Service), notify the public that we are making changes to our proposed rule of August 7, 2012, to reclassify the straight-horned markhor (Capra falconeri jerdoni) from endangered to threatened. We propose to combine the straight-horned markhor (Capra falconeri jerdoni) and the Kabul markhor (Capra falconeri megaceros) into one subspecies, the straight-horned markhor (Capra falconeri megaceros), under the Endangered Species Act of 1973, as amended (Act) due to a change in taxonomy. We have conducted a status review of the straight-horned markhor (C. f. megaceros) and propose to list this subspecies as threatened under the Act. We are also proposing a concurrent special rule. The effects of these regulations will be to protect and conserve the straight-horned markhor, while encouraging local communities to conserve additional populations of the straight-horned markhor through sustainable-use management programs.

We, the U.S. Fish and Wildlife Service (Service), announce our intent to prepare a draft Environmental Impact Statement (EIS) for Phase I of the Chokecherry-Sierra Madre Wind Energy Project. Our draft EIS will analyze the environmental impacts associated with our decision on whether to issue a permit authorizing take of eagles for Phase I of the project. Programmatic eagle take permits are authorized under the Bald and Golden Eagle Protection Act (BGEPA), and its implementing regulations. We are requesting public comments on issues that should be addressed in our draft EIS.

The States of Alabama, California, Connecticut, Delaware, Florida, Georgia, Illinois, Louisiana, Maryland, Minnesota, Nevada, New York, Rhode Island, South Carolina, Vermont, West Virginia, and Wisconsin have requested that we delegate permitting for falconry to the State, as provided under our regulations. We have reviewed regulations and supporting materials provided by these States, and have concluded that their regulations comply with the Federal regulations. We change the falconry regulations accordingly. We make additional changes to the regulations to remove parts that will no longer be relevant after December 31, 2013, and, in one case, to remove contradictory language, and to correct errors.

History Colorado has completed an inventory of human remains, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian tribes or Native Hawaiian organizations. Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to History Colorado. If no additional requestors come forward, transfer of control of the human remains to the Indian tribes or Native Hawaiian organizations stated in this notice may proceed.

The U.S. Department of the Interior, Bureau of Land Management (BLM), Alaska State Office, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, has determined that the items listed in this notice meet the definition of unassociated funerary objects. Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these items should submit a written request to the BLM Alaska State Office. If no additional claimants come forward, transfer of control of the items to the lineal descendants, Indian tribes, or Native Hawaiian organizations stated in this notice may proceed.

The U.S. Department of the Interior, Bureau of Land Management (BLM), Alaska State Office, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, has determined that the items listed in this notice meet the definition of unassociated funerary objects. Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these items should submit a written request to the BLM Alaska State Office. If no additional claimants come forward, transfer of control of the items to the lineal descendants, Indian tribes, or Native Hawaiian organizations stated in this notice may proceed.

The U.S. Department of the Interior, National Park Service, Canyonlands National Park, has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day Indian tribes or Native Hawaiian organizations. Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to Canyonlands National Park. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian tribes or Native Hawaiian organizations stated in this notice may proceed.