Department of the Interior October 2019 – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Geological Survey (USGS) are proposing to renew an information collection.

The Department of the Interior (Department) is considering potential updates to regulations governing probate of property that the United States holds in trust or restricted status for American Indians. Since the regulations were revised in 2008, the Department identified opportunities for improving the probate process. The Department is seeking Tribal input and public comment on its ideas for improvements in the regulations in general, and on the potential regulatory changes identified below in particular.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Geological Survey (USGS) are proposing to renew an information collection.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Draft Recovery Plan for the Streaked Horned Lark under the Endangered Species Act of 1973, as amended. The draft recovery plan includes specific goals, objectives, and criteria that should be met to remove the species from the Federal List of Endangered and Threatened Wildlife. We request review and comment on this draft recovery plan from Federal, State, and local agencies; Native American Tribes; and the public.

As required by the Johnson-O'Malley (JOM) Act of 1934, as amended by the JOM Supplemental Indian Education Program Modernization Act, the Bureau of Indian Education (BIE) is publishing a Preliminary Report that describes the number of eligible Indian students served or potentially served by each eligible entity, using the most applicable and accurate data from the fiscal year proceeding the fiscal year for which the initial determination is to be made. BIE is also seeking written comments from eligible entities to gain feedback about the preliminary report.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service, we), are proposing to renew an existing information collection with revisions.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft amendment updating the recovery criteria in the Recovery Plan for the Rough Popcornflower (Plagiobothrys hirtus). Rough popcornflower, listed as endangered under the Endangered Species Act (ESA), is an annual herb in the borage family (Boraginaceae), endemic to wet swales and meadows in Douglas County, Oregon. We are updating recovery criteria to better assist in determining when the species has recovered to the point that it may be reclassified as threatened, or that the protections afforded by the ESA are no longer necessary and the species may be removed from the ESA's protections. We request review of this draft recovery plan amendment and invite comments from local, State, Tribal, and Federal agencies, nongovernmental organizations, and the public.

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Ocean Energy Management (BOEM) is proposing to renew an information collection request (ICR) with revisions.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection with revisions.

We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation and survival of endangered species under the Endangered Species Act of 1973, as amended. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.

The U.S. Department of the Interior, National Park Service, Wupatki National Monument 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 Wupatki National Monument. 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.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Virginia regulatory program (the Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment revises the Virginia Coal Surface Mining Reclamation Regulations (the State regulations). The changes involve adding a provision to Virginia Administrative Code (VAC) to require Virginia to enter permit information into the Federal Applicant Violator System (AVS) and add a provision to the Virginia program to specify that the final compliance review conducted prior to permit issuance must occur no more than five business days before issuance.

We, the U.S. Fish and Wildlife Service, have received an application from Diamond Spring Wind, LLC for an ITP pursuant to the Endangered Species Act. The application includes habitat conservation plan (HCP) for the American burying beetle (ABB) in Pontotoc and Johnston Counties, Oklahoma. The HCP and associated incidental take permit (ITP) would authorize incidental take resulting from activities covered by the HCP (e.g., construction, infrastructure, maintenance and habitat restoration). We also announce the availability of a draft environmental assessment (dEA) that has been prepared to evaluate the ITP application in accordance with the requirements of the National Environmental Policy Act. We are making the permit application package, including the HCP and dEA, available for public review and comment.

We, the Fish and Wildlife Service (Service), announce receipt of an application from Palmetto Lake Placid-Lakes Blvd., LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests an ITP to take the federally listed sand skink, blue-tailed mole skink, and Florida scrub-jay incidental to construction in Highlands County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that this HCP qualifies as ``low-effect,'' categorically excluded, under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low- effect screening form, both of which are also available for public review.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service, we), are proposing to renew an information collection with revisions.

We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973, as amended (Act), for the Barrens topminnow (Fundulus julisia), a freshwater fish species from Cannon, Coffee, Dekalb, and Warren Counties, Tennessee. This rule adds this species to the Federal List of Endangered and Threatened Wildlife.

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is proposing to renew an information collection.

In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is proposing to renew an information collection control number.

In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act of 1969 (NEPA), the Final Programmatic Damage Assessment Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS), and the Consent Decree, the Federal and State natural resource trustee agencies for the Louisiana Trustee Implementation Group (LA TIG) have prepared a Louisiana Trustee Implementation Group Draft Restoration Plan/ Environmental Assessment #1.2: Barataria Basin Ridge and Marsh Creation Project Spanish Pass Increment and Lake Borgne Marsh Creation Project Increment One (Phase 2 RP/EA #1.2), proposing construction activities for the restoration of wetlands, coastal, and nearshore habitats injured in the Louisiana Restoration Area as a result of the Deepwater Horizon (DWH) oil spill. The two projects are components of larger marsh restoration strategies, and were approved for engineering and design (E&D) in a 2017 restoration plan entitled Louisiana Trustee Implementation Group Final Restoration Plan #1: Restoration of Wetlands, Coastal, and Nearshore Habitats; Habitat Projects on Federally Managed Lands; and Birds (Phase 1 RP #1). The Phase 2 RP/EA #1.2 analyzes design alternatives for the two projects, and proposes a preferred design alternative for construction of each. We invite comments on the draft Phase 2 RP/EA #1.2.

The Bureau of Land Management (BLM) is proposing a direct (non-competitive) sale of 0.21 acre of public land in Saguache County, Colorado to Lucky 3 (Lucky 3), Inc. The appraised fair market value for the sale parcel is $350. The direct sale will resolve an inadvertent unauthorized occupancy on the subject public land under Sections 203 and 209 of the Federal Land Policy and Management Act (FLPMA) of 1976 and BLM land sale regulations.

The Bureau of Land Management (BLM) proposes to amend its regulations to revise the process for lessees to seek and for the BLM to grant reductions of rental fees, royalty rates, and/or minimum production requirements associated with non-energy solid leasable minerals. The proposed rule would streamline the process for such reductions for non-energy solid minerals leased by the Federal Government and would codify the BLM's authority to issue an area- or industry-wide reduction on its own initiative. Existing regulatory requirements are overly restrictive, inflexible, and burdensome. A report from the Senate Committee on Appropriations on the 2019 Department of the Interior, Environment, and Related Agencies Appropriations Bill encouraged the BLM to work with soda ash producers to reduce the Federal royalty rate, as appropriate. The proposed rule would give the BLM more flexibility to respond to changing market dynamics by improving the BLM's ability to boost production and support development of the Federal mineral estate when deemed necessary.

On July 25, 2019, the Bureau of Indian Affairs (BIA) approved the Menominee Indian Tribe of Wisconsin (Tribe) Leasing Regulations under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). With this approval, the Tribe is authorized to enter into agricultural, residential, business, and other authorized purposes leases without further BIA approval.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Geological Survey (USGS) are proposing to renew an information collection.

The plats of survey of the following described lands are scheduled to be officially filed in the Bureau of Land Management (BLM), Colorado State Office, Lakewood, Colorado, 30 calendar days from the date of this publication. The surveys, which were executed at the request of the U.S. Forest Service and the BLM, are necessary for the management of these lands.