Department of the Interior January 2023 – Federal Register Recent Federal Regulation Documents
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Reorganization of Title 30-Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf
This rule of agency organization reassigns responsibilities for the administration of certain regulations governing renewable energy development and alternate uses of existing facilities on the Outer Continental Shelf (OCS), consistent with the Secretary of the Interior's orders and the Departmental Manual. This final rule transfers the applicable renewable energy Departmental regulations from BOEM to BSEE. Furthermore, this final rule reassigns renewable energy regulations pertaining to safety, environmental oversight, and enforcement from BOEM to BSEE. This rule does not make substantive changes to current regulatory requirements and does not impose additional regulatory burdens on the public or the regulated community.
Notice of Availability of the Record of Decision and Approved Resource Management Plan for the San Juan Islands National Monument, Washington
The Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) for the approved Resource Management Plan (RMP) for the San Juan Islands National Monument (SJINM), located in San Juan County in Washington State. The BLM Oregon/Washington State Director signed the ROD on January 26, 2023, which constitutes the decision of the BLM and makes the approved RMP effective immediately.
Public Land Order No. 7917 for Withdrawal of Federal Lands; Cook, Lake, and Saint Louis Counties, MN
This Order withdraws approximately 225,504 acres of National Forest System lands in Cook, Lake, and Saint Louis counties, Minnesota, from disposition under the United States mineral and geothermal leasing laws, for a period of 20 years, subject to valid existing rights, to protect and preserve the fragile and vital social and natural resources, ecological integrity, and wilderness values in the Rainy River Watershed, the Boundary Waters Canoe Area Wilderness (BWCAW), the Boundary Waters Canoe Area Wilderness Mining Protection Area (MPA), and the 1854 Ceded Territory of the Lake Superior Chippewa in northeastern Minnesota from the potential adverse effects of mineral and geothermal exploration and development.
Proposed Supplementary Rule for the Mineral and Hell Roaring Canyons Area of Public Lands and Requirement To Obtain an Individual Special Recreation Permit to Rock Climb Within the Moab Canyons Special Wildlife Area (Mineral and Hell Roaring Canyons) Managed by the Moab Field Office in Grand County, Utah
The BLM proposes to establish a supplementary rule prohibiting non-permitted roped and aerial activities, and the construction or installation of temporary structures in and along the walls and rims of Mineral and Hell Roaring canyons, as well as on the canyon walls and rims along the Green River corridor connecting these two canyons. The rule would also prohibit climbing in this area without a permit. The permit system for climbing in the special area and the proposed supplementary rule would protect vital wildlife habitat from increasing encroachment of recreational uses.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Sacramento Mountains Checkerspot Butterfly
We, the U.S. Fish and Wildlife Service (Service), are listing the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti), a butterfly from New Mexico, as an endangered species under the Endangered Species Act of 1973 (Act), as amended. This rule extends the Act's protections to the Sacramento Mountains checkerspot butterfly. We will propose the designation of critical habitat for the Sacramento Mountains checkerspot butterfly in a future rulemaking.
Endangered and Threatened Wildlife and Plants; Removal of the Puerto Rican Boa From the Federal List of Endangered and Threatened Wildlife
On July 13, 2022, we, the U.S. Fish and Wildlife Service (Service), proposed to delist the Puerto Rican boa (Chilabothrus inornatus, but listed as Epicrates inornatus), an endemic snake from Puerto Rico. We announced a 60-day public comment period on the proposed rule, ending September 12, 2022. We are reopening the comment period for 30 days to hold a public hearing and to allow all interested parties additional time to comment on our proposal. Comments previously submitted will be fully considered in preparation of the final rule and do not need to be resubmitted.
Civil Penalties; 2023 Inflation Adjustments for Civil Monetary Penalties
The U.S. Fish and Wildlife Service (Service or we) is issuing this final rule, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) and Office of Management and Budget (OMB) guidance, to adjust for inflation the statutory civil monetary penalties that may be assessed for violations of Service-administered statutes and their implementing regulations. We are required to adjust civil monetary penalties annually for inflation according to a formula specified in the Inflation Adjustment Act. This rule replaces the previously issued amounts with the updated amounts after using the 2023 inflation adjustment multiplier provided in the OMB guidance.
Notice of Availability and Request for Comments on Draft Director's Order #83A Concerning National Park Service Policies and Procedures Governing Public Health Protection and Disease Prevention
The National Park Service (NPS) has prepared Director's Order #83A to set forth its policies and procedures to protect the health of visitors, employees, contractors, and partners in national parks and facilities operated by the NPS. Once adopted, the policies and procedures in Director's Order #83A and the accompanying Reference Manual 83A (RM-83A) will supersede and replace the policies and procedures issued in Director's Order #83: Public Health, dated October 21, 2004.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Surface Management Activities Under the General Mining Law
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Bureau of Land Management (BLM) proposes to renew an information collection.
Agency Information Collection Activities; Production Estimate
In accordance with the Paperwork Reduction Act of 1995 (PRA), the U.S. Geological Survey (USGS) is proposing to renew an Information Collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; National Underground Railroad Network to Freedom Program
In accordance with the Paperwork Reduction Act of 1995, we, the National Park Service (NPS) are proposing to renew an information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Certification of Identity and Consent Form
In accordance with the Paperwork Reduction Act of 1995, we, the National Park Service (NPS) are proposing to renew an information collection.
Request for Comments on Helium Supply Risk
In light of recent geopolitical events and concurrent with the return of primary helium data-collection responsibility from the Bureau of Land Management (BLM) to the U.S. Geological Survey (USGS), the USGS is soliciting input from the public, including domestic helium users, that will aid the USGS in analyzing whether there is an increasing risk of helium-supply disruption; whether that risk stems from supply from countries that may be unwilling or unable to continue to supply the United States; and whether those risks pose a significant likelihood of increasing the Nation's import reliance or creating a concentration and risk of permanent or intermittent supply disruptions from a small number of international or domestic supply sources. The USGS is also soliciting input that will aid the USGS in analyzing whether potential disruptions to helium supply would jeopardize manufacturing or use of products vital to the defense, healthcare, aerospace, consumer electronics, and other industries.
Notice of Inventory Completion: Michigan State University, East Lansing, MI
In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Michigan State University has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice. The human remains were removed from Sacramento County, CA.
Notice of Inventory Completion: Michigan State Police, Dimondale, MI
In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Michigan State Police has completed an inventory of human remains and has determined that there is no cultural affiliation between the human remains and any Indian Tribe. The human remains were removed from Gladwin County, MI.
Notice of Intent to Repatriate Cultural Items: Ralph Foster Museum, College of the Ozarks, Point Lookout, MO
In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Ralph Foster Museum intends to repatriate certain cultural items that meet the definition of objects of cultural patrimony and that have a cultural affiliation with the Indian Tribes or Native Hawaiian organizations in this notice. The cultural items were removed from the State of Tennessee.
Notice of Inventory Completion: William S. Webb Museum of Anthropology, University of Kentucky, Lexington, KY
In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the William S. Webb Museum of Anthropology, University of Kentucky (WSWM) has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice. The human remains and associated funerary objects were removed from: Breathitt, Carroll, Floyd, Franklin, Greenup, Jessamine, Johnson, Lewis, Nicholas, Perry, and Scott Counties, KY.
Notice of Inventory Completion: Vassar College, Poughkeepsie, NY
In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), Vassar College has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice. The human remains were removed from Maui County, HI.
Land Acquisitions; Tohono O'odham Nation, Far West Valley Site, Maricopa County, Arizona
The Assistant SecretaryIndian Affairs made a final agency determination to acquire in trust 110.34 acres, more or less, of land known as the Far West Valley Site in Maricopa County, Arizona, (Site) for the Tohono O'odham Nation, (Nation) for gaming and other purposes.
Notice of Inventory Completion: Field Museum of Natural History, Chicago, IL
In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Field Museum of Natural History has completed an inventory of human remains and has determined that there is no cultural affiliation between the human remains and any Indian Tribe. The human remains were removed from unknown location(s).
Notice of Inventory Completion: Museum of Us, San Diego, CA
In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Museum of Us has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice. The human remains were removed from Tunica County, MS.
Agency Information Collection Activities: Royalty and Production Reporting
In accordance with the Paperwork Reduction Act of 1995 (``PRA''), the Office of Natural Resources Revenue (``ONRR'') is proposing to revise a currently approved information collection to expand its scope to include the mineral estate underlying Osage County, Oklahoma (``Osage Mineral Estate'').
Practices Before the Department of the Interior
The Office of Hearings and Appeals (OHA) is amending department regulations to provide parties to a hearing or appeal the option of sending and receiving documents electronically; to specifically recognize the OHA Director's authority to issue Standing Orders to provide procedural information to parties and the public; and to make clear that OHA will communicate information on how and where to file and serve documents through OHA Standing Orders issued by the Director and posted on OHA's Department of the Interior website. This rule removes specific office addresses, some outdated, from the regulatory text and provides for up-to-date contact information to be provided in OHA Standing Orders on Contact Information. This rule further provides that OHA may issue Standing Orders to provide procedural information in an emergency or to address an immediate need, such as an office closure, natural disaster or other unanticipated event. This rule, and the associated Standing Orders, would not add to, change, or diminish any substantive rights of any parties or the public.
Migratory Bird Hunting; Proposed 2023-24 Frameworks for Migratory Bird Hunting Regulations
The U.S. Fish and Wildlife Service (Service or we) is proposing to establish the 2023-24 hunting regulations for certain migratory game birds. We annually prescribe outside limits (which we call frameworks) within which States may select hunting seasons. Frameworks specify the outside dates, season lengths, shooting hours, bag and possession limits, and areas where migratory game bird hunting may occur. These frameworks are necessary to allow State selections of seasons and limits and to allow harvest at levels compatible with migratory game bird population status and habitat conditions. Migratory game bird hunting seasons provide opportunities for recreation and sustenance, and aid Federal, State, and Tribal governments in the management of migratory game birds.
Renewable Energy Modernization Rule
The first Outer Continental Shelf (OCS) renewable energy regulations were promulgated in 2009 by BOEM's predecessor, the Minerals Management Service (MMS). BOEM's renewable energy program has matured over the past 13 years, during which time BOEM conducted eleven auctions and issued and managed 27 active commercial leases. Based on this experience, the Department has identified opportunities to modernize its regulations to facilitate the development of offshore wind energy resources to meet U.S. climate and renewable energy objectives. This proposed rule contains reforms identified by the Department and recommended by industry since 2010, including proposals for incremental funding of decommissioning accounts; more flexible geophysical and geotechnical survey submission requirements; streamlined approval of meteorological (met) buoys; revised project verification procedures; reform of BOEM's renewable energy auction process; and greater clarity regarding safety requirements. This proposed rule would advance the Department of the Interior's (DOI) energy policies in a safe and environmentally sound manner that would provide a fair return to the U.S. taxpayer.
Agency Information Collection Activities; Geothermal Resource Leases and Unit Agreements
In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) proposes to renew an information collection.
Draft Environmental Assessment and Proposed Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Crescent Wind Project; Hillsdale County, Michigan
We, the U.S. Fish and Wildlife Service, have received an application from Consumers Energy Company for an incidental take permit under the Endangered Species Act, for its Crescent Wind Project (project). If approved, the permit would authorize the incidental take of two endangered species, the Indiana bat and the northern long-eared bat. The applicant has prepared a habitat conservation plan in support of their application. We also announce the availability of a draft environmental assessment, which has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act. We invite comments from the public and Federal, Tribal, State, and local governments.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat; Delay of Effective Date
We, the U.S. Fish and Wildlife Service (Service), are delaying the effective date of a final rule we published on November 30, 2022, reclassifying the northern long-eared bat (Myotis septentrionalis) as an endangered species under the Endangered Species Act of 1973, as amended (Act). This delay is necessary for the Service to finalize conservation tools and guidance documents to avoid confusion and disruption with members of the public who would be regulated by the rule and Federal agencies in the implementation of section 7 of the Act.
Agency Information Collection Activities: OCS Net Profit Share Payment
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 necessary to determine net profit share payments due the United States pursuant to Outer Continental Shelf (``OCS'') oil and gas leases.
National Register of Historic Places; Notification of Pending Nominations and Related Actions
The National Park Service is soliciting electronic comments on the significance of properties nominated before January 14, 2023, for listing or related actions in the National Register of Historic Places.
Notice of Call for Nominations for the Exxon Valdez Oil Spill Public Advisory Committee
The Exxon Valdez Oil Spill Trustee Council (Trustee Council) is soliciting nominations for the Public Advisory Committee (Committee). This Committee advises the Trustee Council on decisions related to the planning, evaluation, funds allocation, and conduct of injury assessment and restoration activities related to the T/V Exxon Valdez oil spill of March 1989.
Tule Springs Fossil Beds National Monument Advisory Council Notice of Public Meeting
In accordance with the Federal Advisory Committee Act, the National Park Service is hereby giving notice that the Tule Springs Fossil Beds National Monument Advisory Council (Council) will meet as indicated below.
Public Meeting of the Chesapeake and Ohio Canal National Historical Park; Commission Notice
In accordance with the Federal Advisory Committee Act of 1972, the National Park Service (NPS) is hereby giving notice that the Chesapeake and Ohio Canal National Historical Park Commission (Commission) will meet as indicated below.
Endangered and Threatened Wildlife and Plants; Removing Five Species That Occur on San Clemente Island From the Federal Lists of Endangered and Threatened Wildlife and Plants
We, the U.S. Fish and Wildlife Service (Service), are removing the San Clemente (SC) Bell's sparrow (Artemisiospiza belli clementeae) (formerly known as the SC sage sparrow, Amphispiza belli clementeae), San Clemente Island (SCI) bush-mallow (Malacothamnus clementinus), SCI paintbrush (Castilleja grisea), SCI lotus (Acmispon dendroideus var. traskiae), and SCI larkspur (Delphinium variegatum ssp. kinkiense) from the Federal Lists of Endangered and Threatened Wildlife and Plants (Lists). The bird species and four plant species occur only on SCI, one of the California Channel Islands off the southern coast of California. The delistings are based on our evaluation of the best available scientific and commercial information, which indicates that the status of each species has improved and threats to the species have been eliminated or reduced to the point that the species have recovered and no longer meet the definitions of either endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). Accordingly, the protections provided by the Act will no longer apply to these species.
Agency Information Collection Activities; 1028-0096 60-Day Regional Climate Adaptation Science Centers (CASCs)
In accordance with the Paperwork Reduction Act (PRA) of 1995, the U.S. Geological Survey (USGS) is proposing to renew an information collection.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Sickle Darter
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the sickle darter (Percina williamsi) under the Endangered Species Act of 1973 (Act), as amended. In total, approximately 104 river miles (168 river kilometers) in Bledsoe, Blount, Morgan, and Roane Counties, Tennessee, and Scott, Smyth, and Washington Counties, Virginia, fall within the boundaries of the proposed critical habitat designation. If we finalize this rule as proposed, it would extend the Act's protections to this species' critical habitat. We also announce the availability of a draft economic analysis of the proposed designation of critical habitat for the sickle darter.
Notice of Intent To Repatriate Cultural Items: Bryn Mawr College, Bryn Mawr, PA
In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), Bryn Mawr College intends to repatriate certain cultural items that meet the definition of objects of cultural patrimony and that have a cultural affiliation with the Indian Tribes or Native Hawaiian organizations in this notice. The cultural items were removed from the Northwest Coast.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Energy and Mineral Development Program Grants
In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Indian Affairs (BIA) are proposing to renew an information collection.
Notice of Inventory Completion: South Carolina Institute of Archaeology and Anthropology, University of South Carolina, Columbia, SC
In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the South Carolina Institute of Archaeology and Anthropology (SCIAA) has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice. The human remains and associated funerary objects were removed from Oconee and Pickens Counties, SC.
Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status With Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment; Delay of Effective Date
We, the U.S. Fish and Wildlife Service (Service), are delaying the effective date of a final rule we published on November 25, 2022, and corrected on December 2, 2022, listing two distinct population segments (DPSs) of the lesser prairie-chicken (Tympanuchus pallidicinctus) under the Endangered Species Act of 1973, as amended (Act) and establishing measures that are necessary and advisable to provide for the conservation of the Northern DPS pursuant to section 4(d) of the Act. This delay is necessary for the Service to finalize conservation tools and guidance documents to avoid confusion and disruption with Federal agencies in the implementation of section 7 of the Act and to avoid disruption to the public who would be regulated by the rule.
Indian Gaming; Approval of Tribal-State Class III Gaming Compact in the State of Oklahoma
This notice publishes the approval of the Delaware Nation and State of Oklahoma Gaming Compact Non-house-Banked Table Games Supplement (Amendment) governing certain forms of class III gaming between the Delaware Nation (Tribe) and the State of Oklahoma (State).
Agency Information Collection Activities; Nonindigenous Aquatic Species Sighting Reporting Form and Alert Registration Form
In accordance with the Paperwork Reduction Act (PRA), the U.S. Geological Survey (USGS) is proposing to renew an information collection.
Minor Boundary Revision at Petroglyph National Monument
The boundary of Petroglyph National Monument is modified to exclude four parcels of land from the monument boundary which contain private homes and property, totaling 8.37 acres and to include two parcels of land containing 3.78 acres, located in Bernalillo County, New Mexico. Upon publication of the Notice, the National Park Service will accept, by donation, a perpetual easement (3.47 acres) from Albuquerque Public Schools (APS). The other tract to be included in the boundary (0.31 acres) is already federally owned.
Filing of Plats of Survey, Wyoming and Nebraska
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 U.S. Forest Service and the BLM are necessary for the management of these lands.
Mount Rainier National Park; Fishing
The National Park Service removes from the Code of Federal Regulations special fishing regulations for Mount Rainier National Park, including those that restrict the take of nonnative species. Instead, the National Park Service will publish closures and restrictions related to fishing in the Superintendent's Compendium for the park. This action helps implement a 2018 Fish Management Plan that aims to conserve native fish populations and restore aquatic ecosystems by reducing or eliminating nonnative fish.
Agency Information Collection Activities; Earth Mapping Resources Initiative (Earth MRI) Competitive Cooperative Agreement Program With State Geological Surveys
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Office of the Secretary will seek Office of Management and Budget (OMB) approval of an emergency clearance for a new information collection.
Notice of Availability of the Draft Resource Management Plan and Draft Environmental Impact Statement for the North Dakota Field Office
In accordance 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) has prepared a draft resource management plan (RMP) and draft environmental impact statement (EIS) for the North Dakota Field Office and by this notice announces the opening of the comment period on the Draft RMP/EIS. This notice also announces the comment period on the BLM's proposed area of critical environmental concern (ACEC) within the RMP area.
Notice of Availability of the Draft Environmental Impact Statement for the Proposed Lava Ridge Wind Project in Jerome, Lincoln, and Minidoka Counties, ID
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) announces the availability of the draft Environmental Impact Statement (EIS) for the proposed Lava Ridge Wind Project in Jerome, Lincoln, and Minidoka Counties, Idaho.
Notice of Filing of Plats of Survey, Idaho
The plat of survey of the following described lands are scheduled to be officially filed in the Bureau of Land Management (BLM), Idaho State Office, Boise, Idaho, 30 calendar days from the date of this publication. The surveys, which were executed at the request of the BLM, are necessary for the management of the Birds of Prey National Conservation Area.
Endangered and Threatened Species; Receipt of Recovery Permit Applications
We, the U.S. Fish and Wildlife Service, have received applications for permits, permit renewals, and/or permit amendments to conduct activities intended to enhance the propagation or survival of endangered species under the Endangered Species Act. 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.
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