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

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Wyoming Abandoned Mine Land (AML) Reclamation Plan (hereinafter, the Wyoming Plan or Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Wyoming proposed to repeal and replace its existing AML Plan in response to OSMRE's request to amend the Plan, as well as improve the Plan's readability and operational efficiency. These changes are being submitted in response to legislative and regulatory changes made under SMCRA.

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.

This document corrects a typographical error in the preamble to the final rule that revised Bureau of Indian Affairs (BIA) regulations governing the Land Title and Records Office (LTRO) to reflect modernization of the LTRO. The correction clarifies that the LTRO provides documents to the agency, rather than to itself.

In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM), Las Vegas Field Office (LVFO), will prepare a Resource Management Plan Amendment Environmental Assessment (EA) for the proposed Logandale Trails Special Recreational Management Area, approximately 60 miles northeast of Las Vegas, Nevada, and west of the communities of Logandale and Overton, Nevada. This notice will include a Recreation Area Management Plan and a Travel Management Plan. Publication of this notice initiates the scoping process and opens a 30-day public comment period to solicit public comments and identify issues.

This notice publishes the approval of the Seventh Amendment to the Tribal-State Compact (Amendment) for Class III Gaming between the Swinomish Indian Tribal Community (Tribe) and the State of Washington (State).

The National Park Service is soliciting electronic comments on the significance of properties nominated before October 9, 2021, for listing or related actions in the National Register of Historic Places.

Through this notice the Bureau of Land Management (BLM) is segregating public lands included in the right-of-way application for the Copper Rays Solar Project, from appropriation under the public land laws, including the Mining Law, but not the Mineral Leasing or Material Sales Acts, for a period of 2 years from the date of publication of this notice, subject to valid existing rights. This segregation is to allow for the orderly administration of the public lands to facilitate consideration of development of renewable energy resources. The public lands segregated by this notice total 5,518.18 acres.

We, the U.S. Fish and Wildlife Service, invite the public to comment on the applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species.

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 the requested permits, we will take into consideration any information that we receive during the public comment period.

Through this notice the Bureau of Land Management (BLM) is segregating public lands included in the right-of-way application for the Rough Hat Nye County Solar Project from appropriation under the public land laws, including the Mining Law, but not the Mineral Leasing or Material Sales Acts, for a period of 2 years from the date of publication of this notice, subject to valid existing rights. This segregation is to allow for the orderly administration of the public lands to facilitate consideration of development of renewable energy resources. The public lands segregated by this Notice total 7,075.93 acres.

The Bureau of Land Management (BLM) published a document in the Federal Register of August 31, 2021, clarifying its position on the use of truck-mounted Coriolis meters under the Bureau's oil-measurement regulations. The document referenced two incorrect Code of Federal Regulations citations.

As part of its implementation of an Executive order, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, the Department of the Interior (DOI) is conducting five virtual listening sessions and inviting public comments to obtain stakeholder input on barriers that underserved communities and individuals may face in taking advantage of DOI procurement and contracting opportunities.

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.