Department of the Interior October 2021 – Federal Register Recent Federal Regulation Documents

Baylor University's Mayborn Museum Complex (formerly Baylor University's Strecker Museum; formerly Baylor University Museum) 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 Baylor University's Mayborn Museum Complex. 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 Ohio History Connection, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, has determined that the cultural item listed in this notice meets the definition of an unassociated funerary object. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to claim this cultural item should submit a written request to the Ohio History Connection. If no additional claimants come forward, transfer of control of the cultural item to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are notifying the public that the recent decisions of the Oklahoma Court of Criminal Appeals in Hogner v. Oklahoma, 2021 WL 958412 (Okla. Ct. Crim. App. March 11, 2021), and Sizemore v. Oklahoma, 2021 WL 1231493 (Okla. Ct. Crim. App. April 1, 2021)which held that the historic Cherokee Nation of Oklahoma and the Choctaw Nation of Oklahoma Reservations, respectively, had not been disestablished necessarily foreclose the State of Oklahoma's authority to implement the Surface Mining Control and Reclamation Act of 1977 (SMCRA) on Indian lands within the exterior boundaries of the Cherokee Nation and Choctaw Nation of Oklahoma Reservations. This determination follows the recent decision of the United States Supreme Court in McGirt v. Oklahoma, 140 S Ct. 2452 (2020), which legally recognized the ongoing existence of the historic Muscogee (Creek) Nation Reservation in the State of Oklahoma and necessarily foreclosed the State of Oklahoma's authority to implement SMCRA on Indian lands within the exterior boundaries of the Muscogee (Creek) Nation Reservation. As OSMRE stated in its recent notification regarding SMCRA jurisdiction on the Muscogee (Creek) Nation Reservation, SMCRA designates OSMRE as the sole regulatory authority over surface coal mining and reclamation operations on Indian lands where a tribe has not obtained primacy. Consistent with the Supreme Court's decision in McGirt, Oklahoma may not exercise its State program regulatory authority over surface coal mining and reclamation operations within the exterior boundaries of the Cherokee Nation and Choctaw Nation of Oklahoma Reservations. Accordingly, for lands within the exterior boundaries of the Cherokee Nation and Choctaw Nation Reservations, OSMRE is the sole agency with jurisdiction over the SMCRA Title IV abandoned mine land (AML) reclamation and Title V regulatory programs. The Cherokee Nation Reservation consists of lands, wholly or partially within the following counties: Adair, Cherokee, Craig, Delaware, Mayes, McIntosh, Muskogee, Nowata, Ottawa, Rogers, Sequoyah, Tulsa, Wagoner, and Washington. The Choctaw Nation of Oklahoma Reservation consists of lands, wholly or partially within the following counties: Atoka, Bryan, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer, Le Flore, McCurtain, Pittsburg, Pontotoc, and Pushmataha.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the federally endangered Southern Sierra Nevada distinct population segment (DPS) of fisher (Pekania pennanti) under the Endangered Species Act of 1973, as amended (Act). In total, we propose to designate approximately 554,454 acres (ac) (224,379 hectares (ha)) in six units in California as critical habitat for the Southern Sierra Nevada DPS of fisher. We also announce the availability of a draft economic analysis of the proposed critical habitat designation.

The Department of the Interior (DOI) is publishing this final rule to align its regulations with new regulatory citations and requirements adopted by the Office of Management and Budget (OMB). On August 13, 2020, the OMB published a revision to their regulations regarding Guidance for Grants and Agreements. The revision was an administrative simplification and did not make any substantive changes to their regulations regarding policies and procedures. DOI now codifies these changes in its financial assistance regulations.

This notice constitutes official publication of the legal land description for the Nevada Test and Training Range in Nevada, which is withdrawn and reserved for military purposes.

We, the U.S. Fish and Wildlife Service (Service), are reclassifying the humpback chub (Gila cypha) from endangered to threatened under the Endangered Species Act of 1973, as amended (Act), due to substantial improvements in the species' overall status since its original listing as endangered in 1974. This action is based on a thorough review of the best available scientific and commercial information available, which indicates that the humpback chub no longer meets the definition of an endangered species under the Act. The humpback chub will remain protected as a threatened species under the Act. We are also finalizing a rule under section 4(d) of the Act that provides for the conservation of the humpback chub.

We, the U.S. Fish and Wildlife Service (Service), propose to list the bog buck moth (Hemileuca maia menyanthevora) (=H.iroquois), a moth that occurs in Oswego County, New York (NY), and Ontario, Canada, as an endangered species under the Endangered Species Act of 1973, as amended (Act). After a review of the best available scientific and commercial information, we find that listing the species is warranted. Accordingly, we propose to list the bog buck moth as an endangered species under the Act. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Act's protections to the species. We have determined that designation of critical habitat for the bog buck moth is not prudent at this time.

The National Park Service is soliciting electronic comments on the significance of properties nominated before October 2, 2021, for listing or related actions in the National Register of Historic Places.

On behalf of the United States Fish and Wildlife Service (FWS) and subject to valid existing rights, the Deputy Secretary of the Interior proposes to withdraw 1,464 acres of public lands from appropriation under the public land laws, including location and entry under the United States mining laws, and 1,134 acres of Federal surface estate public lands from appropriation under the public land laws for 100 years to protect and reserve the land for management as part of the Bill Williams River National Wildlife Refuge (NWR) located in La Paz and Mohave Counties, Arizona. Publication of this notice temporarily segregates the lands for up to two-years and announces to the public an opportunity to comment and request a public meeting on the proposed withdrawal.

In accordance with the Paperwork Reduction Act of 1995 (``PRA''), ONRR is proposing to renew an information collection. Currently, the information collection is authorized by the Office of Management and Budget (``OMB'') under OMB Control Number 1012-0003, which expires on December 31, 2021. Through this Information Collection Request (``ICR''), ONRR seeks renewed authority to collect information to review and approve a delegation proposal from a State that is seeking to perform royalty management functions and to prepare a cooperative agreement with a State or Indian Tribe seeking to perform royalty audits and investigations.

In accordance with the Paperwork Reduction Act of 1995, we, the Assistant SecretaryIndian Affairs (AS-IA) are proposing to renew an information collection with revisions.

In accordance with the Paperwork Reduction Act of 1995 (``PRA''), ONRR is proposing to renew an information collection. Through this Information Collection Request (``ICR''), ONRR seeks renewed authority to collect information from royalty payors to verify a small number of ONRR accounts receivable randomly selected by the Office of Inspector General (``OIG'') for audit.

The purpose of this notice is to inform the public of Class III tribal gaming ordinances approved by the Chairman of the National Indian Gaming Commission.

The National Park Service is soliciting electronic comments on the significance of properties nominated before September 25, 2021, for listing or related actions in the National Register of Historic Places.

On Wednesday, November 17, 2021, the Bureau of Ocean Energy Management (BOEM) will open and publicly announce bids received for blocks offered in the Gulf of Mexico (GOM) Outer Continental Shelf (OCS) Oil and Gas Lease Sale 257 (GOM Lease Sale 257), in accordance with the provisions of the Outer Continental Shelf Lands Act (OCSLA), as amended, and the implementing regulations issued pursuant thereto. The GOM Lease Sale 257 Final Notice of Sale (NOS) package contains information essential to potential bidders and consists of the Final NOS, Information to Lessees, and Lease Stipulations.

To better protect migratory bird populations and provide more certainty for the regulated public, the Service seeks to address human- caused migratory bird mortality by codifying our interpretation that the Migratory Bird Treaty Act (MBTA) prohibits incidental take of migratory birds and developing regulations that authorize incidental take under prescribed conditions. This document advises the public that the U.S. Fish and Wildlife Service (Service, we) intends to gather information necessary to develop a proposed rule to authorize the incidental taking or killing of migratory birds, including determining when, to what extent, and by what means it is consistent with the MBTA and compatible with the terms of the four migratory bird conventions. This information will be used to develop proposed regulations to authorize the incidental take of migratory birds under prescribed conditions and prepare a draft environmental review pursuant to the National Environmental Policy Act of 1969, as amended. We are furnishing this advance notice of proposed rulemaking and notice of intent to advise other agencies and the public of our intentions, obtain suggestions and information to include in the proposed rulemaking and environmental review, and announce public scoping webinars.

The regulations implementing the Indian Child Welfare Act provide that Federally recognized Indian Tribes may designate an agent other than the Tribal Chairman for service of notice of proceedings under the Act. This notice includes the current list of designated Tribal agents for service of notice.

The Bureau of Indian Affairs (BIA) is finalizing revisions to its regulations governing elections of the Osage Nation. These revisions update and limit the Secretary's role to the task of compiling a list of voters for Osage Minerals Council elections. These changes reaffirm the inherent sovereign rights of the Osage Nation to determine its membership and form of government.

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