Department of the Interior January 2022 – Federal Register Recent Federal Regulation Documents

This notice provides the semiannual agenda of Department of the Interior (Department) rules scheduled for review or development between Fall 2021 and Fall 2022. The Regulatory Flexibility Act and Executive Order 12866 require publication of the agenda.

This rule revises U.S. Department of the Interior regulations implementing the Native American Graves Protection and Repatriation Act to provide for annual adjustments of civil penalties to account for inflation under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget guidance. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statute.

The Bureau of Indian Affairs (BIA) approved the Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada Tribal Lands Leasing Ordinance under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). With this approval, the Tribe is authorized to enter into business leases without further BIA approval.

The Bureau of Indian Affairs (BIA) approved the Eastern Shawnee Tribe of Oklahoma Business Leasing Act under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). With this approval, the Tribe is authorized to enter into Business leases without further BIA approval.

The Bureau of Indian Affairs (BIA) approved the Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana Lands Leasing Ordinance under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). With this approval, the Tribe is authorized to enter business and wind and solar leases without further BIA approval.

The Bureau of Indian Affairs (BIA) approved the Eastern Shawnee Tribe of Oklahoma Residential Leasing Act under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). With this approval, the Tribe is authorized to enter into Residential leases without further BIA approval.

This notice publishes the current list of 574 Tribal entities recognized by and eligible for funding and services from the Bureau of Indian Affairs (BIA) by virtue of their status as Indian Tribes.

The National Park Service is preparing an Environmental Impact Statement in accordance with the National Environmental Policy Act (NEPA) for a Bison Management Plan for Yellowstone National Park.

We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Missouri regulatory program (Missouri program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As a result of Missouri's Red Tape Reduction Initiative (Executive Order 17-03), Missouri proposes amendments and rescissions to its Missouri Coal Mining Regulations in order to reduce the volume of these regulations without reducing the program's requirements. Missouri proposed amendments to multiple sections of its regulations to incorporate by reference the corresponding Federal regulations. Missouri also proposed to rescind multiple sections of its regulations that will be incorporated by reference in the aforementioned proposed amended sections. Missouri intends these revisions to its program to remain as effective as the Federal regulations.

The Bureau of Land Management (BLM) is scheduled to file plats of survey 30 calendar days from the date of this publication in the BLM Wyoming State Office, Cheyenne, Wyoming. These surveys, which were executed at the request of the Bureau of Indian Affairs and U.S. Forest Service, are necessary for the management of these lands.

The Peabody Museum of Archaeology and Ethnology, Harvard University has completed an inventory of 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 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 associated funerary objects should submit a written request to the Peabody Museum of Archaeology and Ethnology. If no additional requestors come forward, transfer of control of the associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

The Peabody Museum of Archaeology and Ethnology, Harvard University has completed an inventory of 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 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 associated funerary objects should submit a written request to the Peabody Museum of Archaeology and Ethnology, Harvard University. If no additional requestors come forward, transfer of control of the associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

The Peabody Museum of Archaeology and Ethnology, Harvard University has completed an inventory of human remains, 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 Indian Tribes or 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 Peabody Museum of Archaeology and Ethnology. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing a new information collection in use without an Office of Management and Budget control number.

The plats of survey of lands described in this notice are scheduled to be officially filed in the Bureau of Land Management (BLM), California State Office, Sacramento, California, 30 calendar days from the date of this publication. The surveys, which were executed at the request of the General Services Administration, Department of Defense, U.S. Fish and Wildlife Service, U.S. Forest Service, and BLM, are necessary for the management of these lands.

The American Museum of Natural History (AMNH) has corrected an inventory of human remains and associated funerary objects published in a Notice of Inventory Completion in the Federal Register on August 10, 2018. This notice corrects the minimum number of individuals and number of associated funerary objects. 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 and associated funerary objects should submit a written request to the American Museum of Natural History. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Indian Education (BIE), are proposing to renew two information collections.

We, the U.S. Fish and Wildlife Service, have received an application from Ford Ridge Wind Farm LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act, for its Ford Ridge Wind Project (project). If approved, the ITP would be for a 6-year period and would authorize the incidental take of an endangered species, the Indiana bat, and a threatened species, the northern long- eared bat. The applicant has prepared a habitat conservation plan that describes the actions and measures that the applicant would implement to avoid, minimize, and mitigate incidental take of the Indiana bat and northern long-eared bat. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on 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 able for public review.

This proposed rule would implement the Visitor Experience Improvements Authority given to the National Park Service by Congress in Title VII of the National Park Service Centennial Act. This authority allows the National Park Service to award and administer commercial services contracts and related professional services contracts for the operation and expansion of commercial visitor facilities and visitor services programs in units of the National Park System.

The Bureau of Land Management (BLM) has received an application from the United States Forest Service (USFS) for the Secretary of the Interior to withdraw 28,513.30 acres of National Forest System lands from location and entry under the United States mining laws, and from leasing under the mineral leasing laws, subject to valid existing rights, for a period of 20 years to protect the Guadalupe Cave Resource Protection Area located on the Guadalupe Ranger District of the Lincoln National Forest in New Mexico. Publication of this notice segregates the lands for two years from location and entry under the United States mining laws, and from leasing under the mineral leasing laws, subject to valid existing rights, and announces an opportunity for the public to comment on the withdrawal application. This notice also announces the date, time, and location of the public meeting. The lands will remain open to all other uses according to the laws applicable to National Forest System lands.

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 (FLPMA), the Bureau of Land Management (BLM) Southeastern States District Office, Flowood, Mississippi, intends to prepare a Resource Management Plan (RMP) Amendment to the 1995 Florida Approved RMP, with an associated Environmental Assessment (EA), to evaluate proposed future management guidance for the Jupiter Inlet Lighthouse Outstanding Natural Area (ONA). This notice announces the beginning of the scoping process to solicit public comments and identify potential issues for consideration in the EA. This notice also announces the beginning of the 30-day review of the proposed planning criteria the BLM would use in the analysis of the RMP Amendment, and calls for nominations for new proposals or modifications to the existing area of critical environmental concern (ACEC) within the Jupiter Inlet Lighthouse ONA.

We, the U.S. Fish and Wildlife Service (Service), announce the receipt and availability of an application for an incidental take permit (ITP) under the Endangered Species Act (ESA) and an associated draft low-effect habitat conservation plan (HCP). Additionally, consistent with the requirements of the National Environmental Policy Act (NEPA), we have prepared a draft low-effect screening form and environmental action statement supporting our preliminary determination that the proposed permit action qualifies for a categorical exclusion under NEPA. The Southern Nevada Water Authority has applied for an ITP under the ESA for the HCP for Warm Springs Natural Area and Hidden Valley Property in Clark County, Nevada. The ITP would authorize the take of seven species incidental to the development, construction and operation of the project. We invite the public and local, State, Tribal, and Federal agencies to comment on the permit application, proposed low-effect HCP, and NEPA categorical exclusion determination documentation. Before issuing the requested ITP, we will take into consideration any information that we receive during the public comment period.

In accordance with the Paperwork Reduction Act (PRA) of 1995, the Bureau of Safety and Environmental Enforcement (BSEE) proposes to renew an information collection.

The San Bernardino County Museum (SBCM) has corrected an inventory of human remains and associated funerary objects, published in a Notice of Inventory Completion in the Federal Register on April 27, 2021. This notice corrects the minimum number of individuals and the number of associated funerary objects. 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 and associated funerary objects should submit a written request to the San Bernardino County Museum. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

Fort Lewis College has completed an inventory of 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 associated funerary objects and present-day Indian Tribes or 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 associated funerary objects should submit a written request to the Fort Lewis College. If no additional requestors come forward, transfer of control of the associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.