Department of the Interior October 16, 2020 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service, have received two applications for enhancement of survival permits (permits) pursuant to the Endangered Species Act of 1973, as amended (ESA). The two applications, one from Mr. Ed Preston and one from Mr. Ward Glessner, were developed in accordance with the Template Safe Harbor Agreement (Template SHA) for the Columbia Basin pygmy rabbit. We are requesting comments from the public regarding the proposed issuance of a permit to each of the two applicants.

We, the U.S. Fish and Wildlife Service (Service), provide this notice to open a public scoping period and announce public scoping meetings in accordance with requirements of the National Environmental Policy Act, and its implementing regulations. We intend to prepare an environmental impact statement (EIS) to evaluate the impacts on the human environment related to an application from Thurston County, Washington (applicant), for an incidental take permit under the Endangered Species Act. The Service previously published a similar notice of intent to prepare an EIS on March 20, 2013. Thurston County used the public comments received along with new information to further develop the draft Thurston County Habitat Conservation Plan. This notice opens a new public scoping period based on a new application received from Thurston County on July 30, 2020. Comments received in writing during the 2013 public comment period were retained, and do not need be provided again during this public comment period to be considered during this review.

The University of California Berkeley, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, has determined that the cultural items listed in this notice meet the definition of sacred objects and objects of cultural patrimony. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request to the Office of the Vice Chancellor for Research, University of California Berkeley. If no additional claimants come forward, transfer of control of the cultural items to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

The University of California Berkeley 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 a cultural affiliation between the human remains and present-day Native Hawaiian organizations. Lineal descendants or 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 the Office of the Vice Chancellor for Research, University of California Berkeley. If no additional requestors come forward, transfer of control of the human remains to the Native Hawaiian organizations stated in this notice may proceed.

In accordance with the National Environmental Policy Act of 1969 (NEPA), as amended, the Bureau of Indian Affairs (BIA) has prepared the Osage County Oil and Gas Final Environmental Impact Statement (FEIS) and, by this notice, is announcing its publication. The FEIS is a programmatic analysis of the potential impacts that future oil and gas development may have on the surface estate and subsurface mineral estate (Osage Mineral Estate) in Osage County, Oklahoma.

The Department of the Interior (the Department), acting through BOEM and BSEE, proposes to streamline its evaluation criteria for determining whether oil, gas and sulfur lessees, right-of-use and easement (RUE) grant holders, and pipeline right-of-way grant holders may be required to provide bonds or other security above the prescribed amounts for base bonds to ensure compliance with their Outer Continental Shelf (OCS) obligations. BOEM's portion of the proposed rule would also remove restrictive provisions for third-party guarantees and decommissioning accounts, and would add new criteria under which additional bonds and third-party guarantees may be cancelled. Based on the proposed framework, BOEM estimates its amount of financial assurance would decrease from $3.3 billion to $3.1 billion, although it would provide greater protection as the financial assurance would be focused on the riskiest properties. BSEE's portion of this proposed rule would establish the order in which BSEE could order predecessor lessees, owners of operating rights, or grant holders, who have accrued decommissioning obligations, to perform those obligations when the current owners of a lease or grant fail to do so. BSEE's proposed provisions would also clarify decommissioning responsibilities for RUE grant holders and require that any party appealing any final decommissioning order provide a surety bond to ensure that funding for decommissioning is available if the order is affirmed on appeal and the liable party subsequently defaults.