Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · REGISTER · 2006-04-21 · Fish and Wildlife Service, Interior · Notices

Notices. Notice of review

15,307 words·~70 min read·/register/2006/04/21/06-3806

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4210-67-M DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Endangered and Threatened Wildlife and Plants; 5-Year Review of 25 Southwestern Species AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of review. SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 5-year review of 25 southwestern species under the Endangered Species Act of 1973 (Act). The purpose of reviews conducted under this section of the Act is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants is accurate.
The 5-year review is an assessment of the best scientific and commercial data available at the time of the review. DATES: To allow adequate time to conduct this review, information submitted for our consideration must be received on or before July 20, 2006. However, we will continue to accept new information about any listed species at any time. ADDRESSES: Information submitted on these species should be sent to the Service at the following addresses. Information received in response to this notice of review will be available for public inspection by appointment, during normal business hours, at the same addresses.
Information regarding the golden-cheeked warbler, Houston toad, Government Canyon Bat Cave spider, Robber Baron Cave meshweaver, Government Canyon Bat Cave meshweaver, Madla's Cave meshweaver, Braken Bat Cave meshweaver, Cokendolpher Cave harvestman, Helotes mold beetle, ground beetle ( *Rhadine exilis* ), and ground beetle ( *Rhadine infernalis* ) should be sent to the Field Supervisor, Attention 5-year Review, U.S. Fish and Wildlife Service, Austin Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758.
The office phone number is 512-490-0057. Information regarding the Cochise pincushion cactus, Peebles Navajo cactus, Siler pincushion cactus, jaguar, Apache trout, desert pupfish, and Sonora tiger salamander should be sent to the Field Supervisor, Attention 5-year Review, U.S. Fish and Wildlife Service, Arizona Ecological Services Field Office, 2321 West Royal Palm Road, Suite 103, Phoenix, AZ 85021. The office phone number is 602-242-0210. Information regarding the slender rush-pea and black lace cactus should be sent to the Field Supervisor, Attention 5-year Review, U.S.
Fish and Wildlife Service c/o TAMU-CC, Ecological Services, 6300 Ocean Drive, Unit 5837, Corpus Christi, TX 78412. The office phone number is 361-994-9005. Information regarding the Ozark big-eared bat and leopard darter should be sent to the Field Supervisor, Attention 5-year Review, U.S. Fish and Wildlife Service, Oklahoma Ecological Services Field Office, 222 S. Houston, Suite A, Tulsa, OK 74127. The office phone number is 918-581-7458. Information regarding Pecos bluntnose shiner, Sacramento prickly poppy, and Todsen's pennyroyal should be sent to the Field Supervisor, Attention 5-year Review, U.S.
Fish and Wildlife Service, New Mexico Ecological Services Field Office, 2105 Osuna Road NE., Albuquerque, NM 87113. The office phone number is 505-346-2525. FOR FURTHER INFORMATION CONTACT: For species specific information, contact the appropriate office named in ADDRESSES . SUPPLEMENTARY INFORMATION: Why is a 5-year review conducted? Section 4(c)(2)(A) of the Act (16 U.S.C. 1531 *et seq.* ) requires that we conduct a review of listed species at least once every 5 years. We are then, under section 4(c)(2)(B) and the provisions of subsections
(a)and (b), to determine, on the basis of such a review, whether or not any species should be removed (delisted) from the List of Endangered and Threatened Wildlife and Plants (50 CFR 17.12), or reclassified from endangered to threatened (downlisted), or from threatened to endangered (uplisted). The 5-year review is an assessment of the best scientific and commercial data available at the time of the review. Therefore, we are requesting submission of any new information (best scientific and commercial data) on the following 25 species since their original listings as either endangered (golden-cheeked warbler, Houston toad, Government Canyon Bat Cave spider, Robber Baron Cave meshweaver, Government Canyon Bat Cave meshweaver, Madla's Cave meshweaver, Braken Bat Cave meshweaver, Cokendolpher Cave harvestman, Helotes mold beetle, ground beetle ( *Rhadine exilis* ), ground beetle ( *Rhadine infernalis* ), Peebles Navajo cactus, jaguar, desert pupfish, Sonora tiger salamander, slender rush-pea, black lace cactus, Ozark big-eared bat, Sacramento prickly poppy, Todsen's pennyroyal ) or threatened (Cochise pincushion cactus, siler pincushion cactus, Apache trout, leopard darter, Pecos bluntnose shiner). If the present classification of any of these species is not consistent with the best scientific and commercial information available, the Service will recommend whether or not a change is warranted in the Federal classification of that species. Any change in Federal classification would require a separate rule-making process. Our regulations at 50 CFR 424.21 require that we publish a notice in the **Federal Register** announcing those species currently under active review. This notice announces our active review of the 25 species listed in Table 1. What information is considered in the review? A 5-year review considers all new information available at the time of the review. These reviews will consider the best scientific and commercial data that has become available since the current listing determination or most recent status review of each species, such as: A. Species biology, including but not limited to population trends, distribution, abundance, demographics, and genetics; B. Habitat conditions, including but not limited to amount, distribution, and suitability; C. Conservation measures that have been implemented to benefit the species; D. Threat status and trends (see five factors under heading “How do we determine whether a species is endangered or threatened?”); and E. Other new information, data, or corrections, including but not limited to taxonomic or nomenclatural changes, identification of erroneous information contained in the List of Endangered and Threatened Wildlife and Plants, and improved analytical methods. How are these species currently listed? The List of Endangered and Threatened Wildlife and Plants
(List)is found in 50 CFR 17.11 (wildlife) and 17.12 (plants). Amendments to the List through final rules are published in the **Federal Register** . The List is also available on our Internet site at *http://www.fws.gov/endangered/wildlife.html* . In Table 1 below, we provide a summary of the listing information for the species under active review. Table 1.—Summary of the Listing Information Common name Scientific name Status Where listed Final listing rule Golden-cheeked warbler *Dendroica chrysoparia* E TX, Guatemala, Honduras, Mexico, Nicaragua 55 FR 53153, 53160. Houston toad *Bufo houstonensis* E TX 35 FR 16047, 16048. Government Canyon Bat Cave spider *Neoleptoneta microps* E TX 65 FR 81419, 81433. Robber Baron Cave meshweaver *Cicurina baronia* E TX 65 FR 81419, 81433. Government Canyon Bat Cave meshweaver *Cicurina vespera* E TX 65 FR 81419, 81433. Braken Bat Cave meshweaver *Cicurina venii* E TX 65 FR 81419, 81433. Madla's Cave meshweaver *Cicurina madla* E TX 65 FR 81419, 81433. Cokendolpher Cave harvestman *Texella cokendolpheri* E TX 65 FR 81419, 81433. Helotes mold beetle *Batrisodes venyivi* E TX 65 FR 81419, 81433. ground beetle ( *Rhadine exilis* ) *Rhadine exilis* E TX 65 FR 81419, 81433. ground beetle ( *Rhadine infernalis* ) *Rhadine infernalis* E TX 65 FR 81419, 81433. Cochise pincushion cactus *Coryphantha robbinsorum* T AZ, Mexico-Sonora 51 FR 952, 956. Peebles Navajo cactus *Pediocactus peeblesianus peeblesianus* E AZ 44 FR 61922, 61924. Siler pincushion cactus *Pediocactus (=Echinocactus, =Utahia) sileri* T AZ, UT 58 FR 68476, 68480. jaguar *Panthera onca* E AZ, NM, TX, Mexico, Central and South America 62 FR 39147, 39157. Apache trout *Oncorhynchus apache* T AZ 40 FR 29863, 29864. desert pupfish *Cyprinodon macularius* E AZ, CA, Mexico 51 FR 10842, 10851. Sonora tiger salamander *Ambystoma tigrinum stebbinsi* E Arizona, Mexico 62 FR 665, 689. slender rush-pea *Hoffmannseggia tenella* E TX 50 FR 45614, 45618. black lace cactus *Echinocereus reichenbachii var. albertii* E TX 44 FR 61918, 61920. Ozark big-eared bat *Corynorhinus (=Plecotus) townsendii ingens* E AR, MO, OK 44 FR 69206, 69208. leopard darter *Percina pantherina* T AR, OK 43 FR 3711, 3716. Pecos bluntnose shiner *Notropis simus pecosensis* T NM 52 FR 5295, 5303. Sacramento prickly poppy *Argemone pleiacantha ssp. pinnatisecta* E NM 54 FR 35302, 35305. Todsen's pennyroyal *Hedeoma todsenii* E NM 46 FR 5730, 5733. Definitions Related to This Notice The following definitions are provided to assist those persons who contemplate submitting information regarding the species being reviewed: A. *Species* includes any species or subspecies of fish, wildlife, or plant, and any distinct population segment of any species of vertebrate, which interbreeds when mature. B. *Endangered* means any species that is in danger of extinction throughout all or a significant portion of its range. C. *Threatened* means any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. How do we determine whether a species is endangered or threatened? Section 4(a)(1) of the Act establishes that we determine whether a species is endangered or threatened based on one or more of the five following factors: A. The present or threatened destruction, modification, or curtailment of its habitat or range; B. Overutilization for commercial, recreational, scientific, or educational purposes; C. Disease or predation; D. The inadequacy of existing regulatory mechanisms; or E. Other natural or manmade factors affecting its continued existence. Section 4(a)(1) of the Act requires that our determination be made on the basis of the best scientific and commercial data available. What could happen as a result of this review? If we find that there is new information concerning any of the 25 species listed in Table 1 indicating a change in classification may be warranted, we may propose a new rule that could do one of the following:
(a)Reclassify the species from endangered to threatened (downlist);
(b)reclassify the species from threatened to endangered (uplist); or
(c)remove the species from the List. If we determine that a change in classification is not warranted, then these species will remain on the List under their current status. Public Solicitation of New Information We request any new information concerning the status of the 25 species listed in Table 1. See “What information is considered in the review?” heading for specific criteria. Information submitted should be supported by documentation such as maps, bibliographic references, methods used to gather and analyze the data, and/or copies of any pertinent publications, reports, or letters by knowledgeable sources. Our practice is to make comments, including names and home addresses of respondents, available for public review. Individual respondents may request that we withhold their home addresses from the supporting record, which we will honor to the extent allowable by law. There also may be circumstances in which we may withhold from the supporting record a respondent's identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. We will not consider anonymous comments, however. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Authority This document is published under the authority of the Endangered Species Act (16 U.S.C. 1531 *et seq.* ). Dated: March 15, 2006. Benjamin N. Tuggle, Acting Regional Director, Southwest Region, Fish and Wildlife Service. [FR Doc. E6-5983 Filed 4-20-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Low Effect Habitat Conservation Plan for the County of San Bernardino, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: The County of San Bernardino (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 10-year incidental take permit for one covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for “take” of the endangered Delhi Sands flower-loving fly ( *Rhaphiomidas terminatus abdominalis* ) associated with the proposed realignment of the intersection of Valley and Pepper Avenues in the City of Colton, San Bernardino County, California. A conservation program to mitigate for the project activities would be implemented as described in the proposed Valley/Pepper Realignment Low Effect Habitat Conservation Plan (proposed Plan), which would be implemented by the Applicant. We are requesting comments on the permit application and on the preliminary determination that the proposed Plan qualifies as a “Low-effect” Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act
(NEPA)of 1969, as amended. The basis for this determination is discussed in the Environmental Action Statement
(EAS)and the associated Low Effect Screening Form, which are also available for public review. DATES: Written comments should be received on or before May 22, 2006. ADDRESSES: Comments should be addressed to the Field Supervisor, Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California 92011. Written comments may be sent by facsimile to
(760)918-0638. FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES ); telephone:
(760)431-9440. SUPPLEMENTARY INFORMATION: Availability of Documents Individuals wishing copies of the application, proposed Plan, and EAS should immediately contact the Service by telephone at
(760)431-9440 or by letter to the Carlsbad Fish and Wildlife Office. Copies of the proposed Plan and EAS also are available for public inspection during regular business hours at the Carlsbad Fish and Wildlife Office (see ADDRESSES ). Background Section 9 of the Act and its implementing Federal regulations prohibit the take of animal species listed as endangered or threatened. Take is defined under the Act as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed animal species, or attempt to engage in such conduct (16 U.S.C. 1538). However, under section 10(a) of the Act, the Service may issue permits to authorize incidental take of listed species. “Incidental take” is defined by the Act as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32 The Applicant is seeking a permit for take of the Delhi Sands flower-loving fly during the life of the permit. This species is referred to as the “DSF” in the proposed Plan. The Applicant proposes to relocate the current Valley Boulevard/Pepper Avenue intersection approximately 76 meters (250 feet) north. Pepper Avenue would be widened to six lanes in the segment between San Bernardino Avenue and Interstate 10. The improvement limits on Valley Boulevard are 246 meters (811 feet) west and 284 meters (938 feet) east of Pepper Avenue. Valley Boulevard would retain two through lanes in each direction with turn lanes at the intersection with Pepper Avenue. A signalized street connection approximately 152 meters (500 feet) west of Pepper Avenue would be developed to include a frontage road and cul-de-sac. An access road would be constructed to permit southbound Pepper Avenue traffic direct access to local business. We anticipate that all DSF would be lost within approximately 1.84 acres of DSF occupied habitat within the project footprint. The project site does not contain any other rare, threatened or endangered species or habitat. No critical habitat for any listed species occurs on the project site. The Applicant proposes to mitigate the effects to the DSF associated with the covered activities by fully implementing the Plan. The purpose of the proposed Plan's conservation program is to promote the biological conservation of the DSF. The County proposes to mitigate impacts to the DSF either through acquisition and conservation of a 2.04-acre parcel adjacent to the proposed project or purchase of 5 acres of credit within the Vulcan Materials Inc. Colton Dunes Conservation Bank. The Proposed Action consists of the issuance of an incidental take permit and implementation of the proposed Plan, which includes measures to mitigate impacts of the project on the DSF. Two alternatives to the taking of the listed species under the Proposed Action are considered in the proposed Plan. Under the No Action Alternative, no permit would be issued, and no construction would occur. Under the Modified Project Alternative, incidental take of DSF would be authorized, but the impacts would be reduced. The Service has made a preliminary determination that approval of the proposed Plan qualifies as a categorical exclusion under NEPA, as provided by the Department of the Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1) and as a “low-effect” plan as defined by the Habitat Conservation Planning Handbook (November 1996). Determination of Low-effect Habitat Conservation Plans is based on the following three criteria:
(1)Implementation of the proposed Plan would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats;
(2)implementation of the proposed Plan would result in minor or negligible effects on other environmental values or resources; and
(3)impacts of the proposed Plan, considered together with the impacts of other past, present and reasonably foreseeable similarly situated projects would not result, over time, in cumulative effects to environmental values or resources which would be considered significant. Based upon this preliminary determination, we do not intend to prepare further NEPA documentation. We will consider public comments in making the final determination on whether to prepare such additional documentation. This notice is provided pursuant to section 10(c) of the Act. We will evaluate the permit application, the proposed Plan, and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the Act. If the requirements are met, we will issue a permit to the County of San Bernardino for the incidental take of the Delhi Sands flower-loving fly from realignment of the intersection of Valley and Pepper avenues in the City of Colton, San Bernardino County, California. Dated: April 17, 2006. Jim A. Bartel, Field Supervisor, Carlsbad Fish and Wildlife Office, California/Nevada Operations Carlsbad, California. [FR Doc. E6-5988 Filed 4-20-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Endangered and Threatened Wildlife and Plants; Initiation of a 5-Year Review of Nine Listed Species: the Purple Bean (Villosa perpurpurea), Clubshell (Pleurobema clava), Northern Red-bellied Cooter (Pseudemys rubriventris bangsi), Roanoke Logperch (Percina rex), Swamp Pink (Helonias bullata), Northern Riffleshell (Epioblasma torulosa rangiana), Flat-spired Three-toothed Land Snail (Triodopsis platysayoides), Puritan Tiger Beetle (Cicindela puritana), and Dwarf Wedgemussel (Alasmidonta heterodon) AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. SUMMARY: Pursuant to section 4(c)(2)(A) of the Endangered Species Act of 1973
(ESA)(16 U.S.C. 1531 *et seq.* ), the U.S. Fish and Wildlife Service (Service) announces a 5-year review of the endangered purple bean ( *Villosa perpurpurea* ), clubshell *(Pleurobema clava* ), northern red-bellied cooter *(Pseudemys rubriventris bangsi* ), Roanoke logperch *(Percina rex* ), northern riffleshell *(Epioblasma torulosa rangiana* ), and dwarf wedgemussel *(Alasmidonta heterodon* ); and the threatened swamp pink *(Helonias bullata* ), flat-spired three-toothed land snail *(Triodopsis platysayoides* ), and Puritan tiger beetle *(Cicindela puritana* ). A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. A 5-year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information on the purple bean, clubshell, northern red-bellied cooter, Roanoke logperch, northern riffleshell, and dwarf wedgemussel, that has become available since their original listings as endangered species in 1997 (62 FR 1647-1658), 1993 (58 FR 5638-5642), 1980 (45 FR 21828-21833), 1989 (54 FR 34468-34472), 1993 (58 FR 5638-5642), and 1990 (55 FR 9447-9451), respectively. In addition, we are requesting submission of any such information on the swamp pink, flat-spired, three-toothed land snail, and Puritan tiger beetle that has become available since their listing as threatened species in 1988 (53 FR 35076-35080), 1978 (43 FR 28932-28935), and 1998 (55 FR 32088-32094), respectively. Based on the results of these 5-year reviews, we will make the requisite findings under section 4(c)(2)(B) of the ESA. DATES: To allow us adequate time to conduct this review, we must receive your information no later than June 20, 2006. However, we will continue to accept new information about any listed species at any time. ADDRESSES: Submit information to the U.S. Fish and Wildlife Service, Northeast Regional Office, 300 Westgate Center Drive, Hadley, Massachusetts 01035, to the attention of Ms. Mary Parkin. Information received in response to this notice and review will be available for public inspection, by appointment, during normal business hours, at the above address. Information may also be sent to *Mary_Parkin@fws.gov.* FOR FURTHER INFORMATION CONTACT: Ms. Mary Parkin at the above address or at 617-876-6173. SUPPLEMENTARY INFORMATION: Under the Act, the Service maintains a list of endangered and threatened wildlife and plant species at 50 CFR 17.11 (for animals) and 17.12 (for plants). Section 4(c)(2)(A) of the Act requires that we conduct a review of listed species at least once every 5 years. Then, on the basis of such reviews under section 4(c)(2)(B), we determine whether or not any species should be removed from the list (delisted), or reclassified from endangered to threatened or from threatened to endangered. Delisting a species must be supported by the best scientific and commercial data available and only considered if such data substantiates that the species is neither endangered nor threatened for one or more of the following reasons:
(1)The species is considered extinct;
(2)the species is considered to be recovered; and/or
(3)the original data available when the species was listed, or the interpretation of such data, were in error. Any change in Federal classification would require a separate rulemaking process. The regulations in 50 CFR 424.21 require that we publish a notice in the **Federal Register** announcing those species currently under active review. This notice announces our active review of the purple bean, clubshell, northern red-bellied cooter, Roanoke logperch, northern riffleshell, and dwarf wedgemussel, currently listed as endangered, and the swamp pink, flat-spired three-toothed land snail, and Puritan tiger beetle, currently listed as threatened. Public Solicitation of New Information To ensure that the 5-year review is complete and based on the best available scientific and commercial information, we are soliciting new information from the public, concerned governmental agencies, Tribes, the scientific community, industry, environmental entities, and any other interested parties concerning the status of the purple bean, clubshell, northern red-bellied cooter, Roanoke logperch, swamp pink, northern riffleshell, flat-spired three-toothed land snail, Puritan tiger beetle, and dwarf wedgemussel. The 5-year review considers the best scientific and commercial data and all new information that has become available since the listing determination or most recent status review. Categories of requested information include
(A)Species biology, including but not limited to, population trends, distribution, abundance, demographics, and genetics;
(B)habitat conditions, including but not limited to, amount, distribution, and suitability;
(C)conservation measures that have been implemented that benefit the species;
(D)threat status and trends; and
(E)other new information, data, or corrections, including but not limited to, taxonomic or nomenclatural changes, identification of erroneous information contained in the list, and improved analytical methods. If you wish to provide information for this 5-year review, you may submit your comments and materials to the Ms. Mary Parkin (see ADDRESSES section). Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold theirs identity, to the extent allowable by law. If you wish us to withhold your name or address, you must state this request prominently at the beginning of your comment. We will not, however, consider anonymous comments. To the extent consistent with applicable law, we will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Comments and materials received will be available for public inspection, by appointment, during normal business hours (see ADDRESSES section). *Author:* The primary author of this notice is Ms. Mary Parkin of the U.S. Fish and Wildlife Service, Northeast Regional Office, 300 Westgate Center Drive, Hadley, Massachusetts 01035. Authority: This document is published under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Dated: March 31, 2006. Richard O. Bennett, Acting Regional Director, Region 5, U.S. Fish and Wildlife Service. [FR Doc. E6-5989 Filed 4-20-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of an Environmental Assessment/Habitat Conservation Plan and Receipt of Application for Incidental Take of the Houston toad (Blair Warren—Sac-N-Pac) AGENCY: U.S. Fish and Wildlife Service, Interior. ACTION: Notice of availability; receipt of application. SUMMARY: Blair Warren (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (TE-124123-0) pursuant to Section 10(a)(1)(B) of the Endangered Species Act
(Act)of 1973, as amended (16 U.S.C. 1531 *et seq.* ). The requested permit, which is for a period of five years, would authorize incidental take of the Houston toad. The proposed take would occur as a result of the construction and operation of a convenience store on a 1.43-acre (0.58-hectare) property on Highway 71 in the Tahitian Village Subdivision, Bastrop County, Texas. We invite the public to review and comment on the permit application and associated draft Environmental Assessment/Habitat Conservation Plan (EA/HCP). DATES: To ensure consideration, written comments must be received on or before June 20, 2006. ADDRESSES: Persons wishing to review the application may obtain a copy by writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Room 4102, Albuquerque, New Mexico 87103. Persons wishing to review the EA/HCP may obtain a copy by contacting Clayton Napier, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758 (512/490-0057). Documents will be available for public inspection by written request, by appointment only, during normal business hours (8 a.m. to 4:30 p.m.) at the Service's Austin office. Written data or comments concerning the application and EA/HCP should be submitted to the Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758. Please refer to permit number TE-124123-0 when submitting comments. All comments received, including names and addresses, will become a part of the official administrative record and may be made available to the public. FOR FURTHER INFORMATION CONTACT: Clayton Napier at U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758 (512/490-0057) or by e-mail, *Clayton_Napier@fws.gov.* SUPPLEMENTARY INFORMATION: The Applicant has applied to the Service for a Section 10(a)(1)(B) incidental take permit for a period of five years in order to authorize incidental take of the Houston toad. Section 9 of the Act prohibits the “taking” of endangered species such as the Houston toad. However, the Service, under limited circumstances, may issue permits to take endangered wildlife species incidental to, and not the purpose of, otherwise lawful activities. We provide this notice under section 10(c) of the Act, and its implementing regulations (50 CFR 17.22), the National Environmental Policy Act (42 U.S.C. 4371 *et seq.* ), and its implementing regulations (40 CFR 1506.6). *Applicant:* Blair Warren plans to construct and operate a convenience store on a 1.43-acre property on Highway 71 in the Tahitian Village Subdivision, Bastrop County, Texas. This action will eliminate 1.43-acres of Houston toad habitat and result in indirect impacts within the lot. The Applicant proposes to compensate for incidental take of the Houston toad by providing $4,290.00 to the Houston Toad Conservation Fund at the National Fish and Wildlife Foundation for the specific purpose of land acquisition and management within Houston toad habitat. Geoffrey L. Haskett, Acting Regional Director, Region 2, Albuquerque, New Mexico. [FR Doc. E6-5984 Filed 4-20-06; 8:45 am] BILLING CODE 4510-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of a Final Environmental Impact Report/Environmental Impact Statement for the Coachella Valley Multiple Species Habitat Conservation Plan and Natural Community Conservation Plan, Riverside County, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: This notice announces the availability of the final Coachella Valley Association of Governments Habitat Conservation Plan and Natural Community Conservation Plan (Plan), final Implementing Agreement, and final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for public review and comment. The Fish and Wildlife Service (Service) is considering the proposed action of issuing a 75-year incidental take permit, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 as amended (ESA), for 27 species in response to receipt of an application from the Coachella Valley Association of Governments (CVAG), Coachella Valley Conservation Commission, County of Riverside, Riverside County Flood Control and Water Conservation District, Riverside County Parks and Open Space District, Riverside County Waste Management District, Coachella Valley Water District, Imperial Irrigation District, California Department of Transportation, California Department of Parks and Recreation, Coachella Valley Mountains Conservancy, and the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage (Applicants). The proposed permit would authorize take of individual members of animal species listed under the Federal Endangered Species Act of 1973, as amended (ESA). The permit is needed because take of species could occur during proposed urban development activities, rural infrastructure projects, and preserve management activities within a 1.1 million-acre planning area located in the Coachella Valley, California. The Final Plan also incorporates a Public Use and Trails Plan which includes proposals that address non-motorized recreation activities on Federal and non-Federal lands in the Santa Rosa and San Jacinto Mountains. The Bureau of Land Management
(BLM)is a Cooperating Agency in this planning process and will use this EIR/EIS to make decisions on BLM-administered public lands pertaining to trail use in the Santa Rosa and San Jacinto Mountains. These proposals constitute activity (implementation) level actions in furtherance of the *California Desert Conservation Area Plan* (1980), as amended, and the Santa Rosa and San Jacinto Mountains National Monument Management Plan (2004). The BLM will issue a separate record of decision regarding non-motorized recreation activities on public lands. DATES: The 30-day waiting period will end on May 22, 2006. Written comments must be received on or before this date. ADDRESSES: Comments should be sent to Mr. James Bartel, Field Supervisor, Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California 92011; facsimile
(760)431-9624. FOR FURTHER INFORMATION CONTACT:
(1)Jim Sullivan, Director of Environmental Resources, CVAG, 73710 Fred Waring Drive, Room 119, Palm Desert, CA 92260,
(760)346-1127; or,
(2)Ms. Therese O'Rourke, Assistant Field Supervisor, 6010 Hidden Valley Road, Carlsbad, California 92011,
(760)431-9440. SUPPLEMENTARY INFORMATION: Availability of Documents Copies of the Plan, Implementation Agreement, and Final EIR/EIS are available for public review, by appointment, during regular business hours, at the Carlsbad Fish and Wildlife Office and at the CVAG office (see FOR FURTHER INFORMATION CONTACT ). The documents can also be viewed on the World Wide Web at *http://www.cvmshcp.org.* Copies are also available for viewing in each of the Applicant cities, in public libraries, the Riverside County Planning Departments, as follows:
(1)Riverside County Planning Department: 4080 Lemon Street, 9th Floor Riverside, California 92502.
(2)Riverside County Planning: 82675 Hwy 111, Room 209, Indio, California 92201.
(3)U.S. Bureau of Land Management: 690 Garnet Avenue, North Palm Springs, California 92258.
(4)City of Palm Springs: 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262.
(5)City of Cathedral City: 68-700 Avenida Lalo Guerrero, Cathedral City, California 92234.
(6)City of La Quinta: 78-495 Calle Tampico, La Quinta, California 92253.
(7)City of Rancho Mirage: 69825 Highway 111, Rancho Mirage, California 92270.
(8)City of Palm Desert: 73-510 Fred Waring Drive, Palm Desert, California 92260.
(9)City of Indio: 100 Civic Center Mall, Indio, California 92201.
(10)City of Indian Wells: 44950 El Dorado Drive, Indian Wells, California 92210.
(11)City of Coachella: 1515 Sixth Street, Coachella, California 92236.
(12)City of Desert Hot Springs: 65950 Pierson Boulevard, Desert Hot Springs, California 92240.
(13)Cathedral City Public Library: 33520 Date Palm Drive, Cathedral City, California 92234.
(14)Coachella Branch Library: 1538 7th Street, Coachella Valley, California 92260.
(15)Desert Hot Springs Public Library: 1691 West Drive, Desert Hot Springs, California 92240.
(16)Indio Public Library: 200 Civic Center Mall, Indio, California 92201.
(17)Lake Tamarisk Branch Library: Lake Tamarisk Drive, Desert Center, California 92239.
(18)La Quinta Public Library: 78080 Calle Estado, La Quinta, California 92253.
(19)Mecca-North Shore Branch Library: 65250 Cahuilla, Mecca, California 92254.
(20)Palm Springs City Library: 300 South Sunrise Way, Palm Springs, California 92262.
(21)Rancho Mirage Public Library: 42-520 Bob Hope Drive, Rancho Mirage, California 92270.
(22)Riverside County Library: Palm Desert Branch, 73-300 Fred Waring Drive Palm Desert, California 92260.
(23)Thousand Palms Library: 72-715 La Canada Way, Thousand Palms, California 92276. Background Information Section 9 of the Federal ESA of 1973, as amended and Federal regulations prohibit the take of fish and wildlife species listed as endangered or threatened (16 U.S.C. 1538). The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct (16 U.S.C. 1532). Harm includes significant habitat modification or degradation that actually kills or injures listed wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, and sheltering [50 CFR 17.3(c)]. Under limited circumstances, the Service may issue permits to authorize incidental take of listed fish or wildlife; *i.e.,* take that is incidental to, and not the purpose of, otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species are found in 50 CFR 17.32 and 17.22, respectively. Although take of listed plant species is not prohibited under the Federal ESA, and therefore cannot be authorized under an incidental take permit, plant species may be included on a permit in recognition of the conservation benefits provided to them under a habitat conservation plan. All species included on an incidental take permit would receive assurances under the Services “No Surprises” regulation 50 CFR 17.22(b)(5) and 17.32(b)(5). The Service has received an application for an incidental take permit for implementation of the Plan. The application was prepared and submitted by the CVAG on behalf of all the Applicants: Riverside County; the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, Rancho Mirage; California Department of Transportation, California Department of Parks and Recreation, Coachella Valley Association of Governments, Coachella Valley Conservation Commission, Coachella Valley Mountains Conservancy, Coachella Valley Water District, Imperial Irrigation District, Riverside County Flood Control and Water Conservation District, Riverside County Regional Parks and Open Space District, and Riverside County Waste Management Department. The CVAG prepared the Plan to satisfy the application requirements for a section 10(a)(1)(B) permit under the Federal ESA, of 1973, as amended, and a section 2835 permit under the California Natural Community Conservation Planning Act of 2002 (NCCPA). Thus, the Plan constitutes a Habitat Conservation Plan pursuant to the Federal ESA, and a Natural Community Conservation Plan pursuant to the California NCCPA. The CVAG seeks a 75-year incidental take permit for covered activities within a proposed 1.1 million-acre planning area, located entirely in eastern Riverside County, California. CVAG has requested a permit for 27 species, 10 of which are currently listed as threatened or endangered under the Federal ESA. Of these 27 species, CVAG requests a permit and assurances for 22 animal species and assurances for 5 plant species. Proposed covered species include 6 wildlife species currently listed as endangered under the Federal ESA [Desert pupfish ( *Cyprinodon macularis* ), Arroyo toad ( *Bufo californicus* ), Yuma Clapper Rail ( *Rallus longirostris yumanensis* ), Southwestern willow flycatcher ( *Empidonax traillii extimus* ), Least Bell's vireo ( *Vireo bellii pusillus* ), Peninsular bighorn sheep ( *Ovis canadensis nelsoni* )], 2 plant species currently listed as endangered under the Federal ESA [Coachella Valley milk-vetch ( *Astragalus lentiginosus var. coachellae* ), and Triple-ribbed milkvetch ( *Astragalus tricarinatus* )], and 2 wildlife species currently listed as threatened under the Federal ESA [Desert Tortoise ( *Gopherus agassizii* ) and, Coachella Valley fringe-toed lizard ( *Uma inornata* )]. Proposed covered species also include 15 wildlife species and 3 plant species that are not listed under the Federal ESA at the current time. If the proposed Plan is approved and the permit issued, take authorization of covered listed wildlife species would be effective at the time of permit issuance. Take of the currently non-listed covered wildlife species would be authorized concurrent with the species' listing under the Federal ESA, should they be listed during the duration of the permit. The Plan is intended to be a comprehensive and multi-jurisdictional document, providing for regional species conservation and habitat planning, while allowing the prospective Permittees to better manage anticipated growth and development. The Plan also is intended to provide a coordinated process for permitting and mitigating the take of covered species as an alternative to the current project-by-project approach. If the Plan is approved, the Local Permittees would review development applications for compliance with the terms of the Plan. Take authorization would be issued to these parties by the Local Permittees if the project is consistent with the Plan. As part of the standard development review process, projects would typically require separate environmental review under the California Environmental Quality Act and, in some cases, the National Environmental Policy Act. In addition, the permit will provide incidental take authorization for public projects, operations and maintenance activities, management and monitoring activities in the Plan area by Permittees. An Implementing Entity, called the Coachella Valley Conservation Commission (CVCC), would be responsible for conducting broad conservation and management measures, such as acquiring and maintaining preserve land, restoring and enhancing habitat, tracking the success of the conservation strategy, and instituting any necessary changes. Projects conducted by the CVCC would be consistent with the Plan and receive coverage for take. In order to comply with the requirements of the Federal ESA, California ESA, and the California NCCPA, the proposed Plan addresses a number of required elements, including: Species and habitat goals and objectives; evaluation of the effects of covered activities on covered species, including indirect and cumulative effects; a conservation strategy; a monitoring and adaptive management program; descriptions of changed circumstances and remedial measures; identification of funding sources; and an assessment of alternatives to take of listed species. Covered Activities would include public and private development within the plan area that requires certain ministerial and discretionary actions by an Applicant subject to consistency with the Plan policies, regional transportation facilities, maintenance of and safety improvements on existing roads, the Circulation Elements of the Applicants, maintenance and construction of flood control facilities, and compatible uses in the reserve. The Plan makes a provision for the inclusion of special districts and other non-Applicant entities in the permit with a certificate of inclusion. The Plan includes measures to avoid and minimize incidental take of the Covered Species, emphasizing project design modifications to protect both habitats and species' individuals. A monitoring and reporting plan would gauge the Plan's success based on achievement of biological goals and objectives and would ensure that conservation keeps pace with development. The Plan also includes a management program, including adaptive management, which allows for changes in the conservation program if the biological species objectives are not met, or new information becomes available to improve the efficacy of the Plan's conservation strategy. The Plan identifies the proposed reserve system, which will be established from lands within 21 conservation areas that are either adjacent or linked by biological corridors. The acquisition program for the reserve system is anticipated to occur over the first 30 years of the life of the permit. When completed, the reserve system will include core habitat for Covered Species, essential ecological processes, and biological corridors and linkages to provide for the conservation of the proposed Covered Species. The Public Use and Trails Plan element of the Plan provides for coordinated management of trails on public lands involving members of the public, local jurisdictions, and State and other Federal agencies. On November 5, 2004, the Service published a notice in the **Federal Register** (69 FR 64581) announcing receipt of an application for an incidental take permit from CVAG, Riverside County, the 9 cities and the other Applicants, and the availability of a Draft EIR/EIS for the application. The Draft EIR/EIS analyzed the potential environmental impacts that may result from the Federal action of authorizing incidental take anticipated to occur with implementation of the Plan, and identified various alternatives. We received a total of 310 comment letters on the Draft EIR/EIS. A response to each comment received in these letters has been included in Final EIR/EIS. Alternatives The Draft EIS/EIR considered five alternatives in addition to the proposed project described above including: An alternative that would not include the City of Palm Springs; an alternative that includes all existing local, State, and Federal agency land and private conservation land with additional management prescriptions; an alternative that protects core habitat, ecological processes, and biological corridors with less land than the proposed project alternative; an expanded conservation alternative; and a no project alternative. The proposed project alternative without the City of Palm Springs would have remained the same as the proposed project alternative; however, implementation of the Plan would be altered. The permits would have not provided incidental take authorization for any of the Covered Species under the jurisdiction of the City of Palm Springs and the mitigation fee would not be collected on land subject to the jurisdiction of the City of Palm Springs. All existing conservation lands, except those belonging to the City of Palm Springs, would continue to be part of the Plan Reserve System. The public lands alternative includes all local, State, and Federal land, and private conservation land, in the Plan Area. The local jurisdictions would contribute to the management of the existing conservation lands as mitigation. This alternative entails no land acquisition; only core habitat, essential ecological processes, and linkages that happen to be on existing public conservation lands or private conservation lands would be protected. As a result, sand transport, watershed, and other ecological processes would not be protected. The core habitat with ecological processes alternative would protect core habitat for the species and natural communities included in the plan, as well as ecological processes necessary to sustain these habitats. This alternative creates new preserve areas in the Snow Creek area and at the Whitewater River delta at the northwest end of the Salton Sea. Based on comments in the ISA report, comments received from California Department of Fish and Game
(CDFG)and the Service, and other information, this alternative was subsequently revised to develop the proposed project alternative. The enhanced conservation alternative expanded on the public lands alternative by including all additional areas that were recommended for further consideration by the Service and CDFG. This alternative would result in less impact than the proposed project alternative and increased the number of acres to be conserved by approximately 10,200 acres. Much of the area anticipated for conservation under this alternative would cause significant land use conflicts and increased costs. The No Project alternative entails no plan being developed and no permits issued. Individual projects would have to seek their own incidental take permits or avoid take by not developing portions of the project site that would result in take of a listed species. This alternative would preclude impacts to listed species from activities covered under the plan; however, conservation of species and habitats provided through mitigation and compensation under the existing regulatory framework could result in a pattern of conservation that is fragmented and managed in a piecemeal fashion. National Environmental Policy Act Proposed permit issuance triggers the need for compliance with the National Environmental Policy Act
(NEPA)and the California Environmental Quality Act (CEQA). Accordingly, a joint NEPA/CEQA document has been prepared. The Service is the Lead Agency responsible for compliance under NEPA and the BLM is a Cooperating Agency, and CVAG is the Lead Agency with responsibility for compliance with CEQA. As NEPA lead agency, the Service is providing notice of the availability of the final EIS/EIR and is making available for public review the responses to comments on the Draft EIS/EIR. Public Review The Service and CVAG invite the public to review the Final Plan, Final EIR/EIS, and Final Implementing Agreement during a 30-day waiting period [see DATES ]. Any comments received, including names and addresses, will become part of the administrative record and may be made available to the public. The Service will evaluate the application, associated documents, and comments submitted to them to prepare a Record of Decision. A permit decision will be made no sooner than 30 days after the publication of the Final EIR/EIS and completion of the Record of Decision. This notice is provided pursuant to section 10(a) of the Federal ESA and Service regulations for implementing NEPA, as amended (40 CFR 1506.6). We provide this notice in order to allow the public, agencies, or other organizations to review these documents. Dated: April 7, 2006. Alexandra Pitts, Acting Deputy Manager, California/Nevada Operations Office, Sacramento, California. [FR Doc. E6-5990 Filed 4-20-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Comprehensive Conservation Plan and Environmental Assessment for Seney National Wildlife Refuge and Kirtland's Warbler Wildlife Management Area in Michigan, Swan Lake National Wildlife Refuge in Missouri, and St. Croix and Leopold Wetland Management Districts in Wisconsin AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent. SUMMARY: This notice advises the public that the U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare Comprehensive Conservation Plans
(CCP)and Environmental Assessments
(EA)for the following National Wildlife Refuges (NWR), Wildlife Management Area (WMA), and Wetland Management Districts (WMD): Seney NWR in the Upper Peninsula, Michigan and Kirtland's Warbler WMA in 8 counties in the northern Lower Peninsula, Michigan, Swan Lake NWR in Chariton County, Missouri, Leopold WMD with lands in 16 counties in southeastern Wisconsin, and St. Croix WMD with lands in 8 counties in western Wisconsin. The CCPs will describe how we intend to manage the refuges and districts for the next 15 years. The Service is furnishing this notice in compliance with the National Wildlife Refuge System Administration Act of 1966, as amended (16 U.S.C. 668dd *et seq.* ), and the National Environmental Policy Act (NEPA). Open house style meetings and possibly focus group meetings and workshops will be held during the scoping phase of the CCP development process to obtain additional suggestions and information on the scope of alternatives and impacts to be considered. In addition, the Service is inviting comments on archeological, historic, and traditional cultural sites in accordance with the National Historic Preservation Act. Special mailings, newspaper articles, internet postings, and other media announcements will inform people of the opportunities for written comments. ADDRESSES: Comments for Seney NWR or Kirtland's Warbler WMA can be mailed to: Refuge Manager, Seney National Wildlife Refuge, 1674 Refuge Entrance Road, Seney, Michigan 49883. Comments for Swan Lake NWR can be mailed to: Refuge Manager, Swan Lake National Wildlife Refuge, 16194 Swan Lake Avenue, Sumner, Missouri 64681. Comments for Leopold WMD can be mailed to: District Manager, W10040 Cascade Mountain Road, Portage, Wisconsin 53901. Comments for St. Croix WMD can be mailed to: District Manager, 1764 95th Street, New Richmond, Wisconsin 54017. You may also find information on the CCP planning process and submit comments electronically on the planning Web site *http://www.fws.gov/midwest/planning* or you may e-mail comments to *r3planning@fws.gov.* FOR FURTHER INFORMATION CONTACT: Tracy Casselman, Seney NWR or Kirtland's Warbler WMA, at 906-586-9851 or John Guthrie, Swan Lake NWR, at 660-856-3323 or Steve Lenz, Leopold WMD, at 608-742-7100 or Chet McCarty, St. Croix WMD, at 715-246-7784. SUPPLEMENTARY INFORMATION: The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-668ee *et seq.* ), requires the Service to develop a CCP for each National Wildlife Refuge. Land parcels managed by the Service within a Wetland Management District are also units of the National Wildlife Refuge System. The purpose in developing a CCP is to provide refuge and district managers with a 15-year strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and Service policies. In addition to outlining broad management direction on conserving wildlife and their habitats, the CCP identifies wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation and photography, and environmental education and interpretation. We will review and update these CCPs at least every 15 years in accordance with the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370d). By Federal law, all lands within the National Wildlife Refuge System are to be managed in accordance with an approved CCP. The CCP guides management decisions and identifies refuge goals, long-range objectives, and strategies for achieving refuge purposes. The CCP will provide other agencies and the public with a clear understanding of the desired conditions for Refuge, Wildlife Management Area, and Wetland Management District lands and how the Service will implement management strategies. The CCP planning process will consider many elements, including wildlife and habitat management, habitat protection and acquisition, wilderness preservation, public recreational activities and cultural resource preservation. Public input into this planning process is essential. The Service will prepare an Environmental Assessment
(EA)for each CCP in accordance with procedures for implementing NEPA found in the Departmental Manual 516 DM 6, Appendix 1. Review of this project will be conducted in accordance with the requirements of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 *et seq.* ), NEPA Regulations (40 CFR 1500-1508), other appropriate Federal laws and regulations, and Service policies and procedures for compliance with those regulations. Dated: March 28, 2006. Robyn Thorson, Regional Director, U.S. Fish and Wildlife Service, Fort Snelling, Minnesota. [FR Doc. E6-5981 Filed 4-20-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [MT-092-1430-EU; MTM-93473] Notice of Realty Action; Competitive Sale of Public Land, Valley County; Montana AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: A 40-acre public parcel of land located east of Glasgow, Valley County, Montana, has been examined and found suitable for sale utilizing competitive sale procedures. DATES: The lands will be segregated on the date of publication of this notice in the **Federal Register** . Comments are due in the Glasgow Field Station by June 5, 2006. The sale will be held at the Glasgow Field Station on September 14, 2006. ADDRESSES: Bureau of Land Management, Glasgow Field Station, P.O. Box 871, 605 2nd Avenue South, Room 206, Glasgow, Montana 59230, 406-228-3750. FOR FURTHER INFORMATION CONTACT: Information regarding the competitive sale instructions, procedures, documents, maps, and materials to submit a bid can be obtained at the public reception desk at the above address from 7:30 a.m. to 4 p.m., Monday through Friday (except Federal holidays), or by contacting John Fahlgren, at 406-228-3757, at the Glasgow Field Station. For general information on BLM's public land sale procedures, refer to the following Web address: *http://www.blm.gov/nhp/what/lands/realty/sales.htm.* SUPPLEMENTARY INFORMATION: The following described parcel of public land is proposed for sale: Principal Meridian, Montana T. 29 N., R. 39 E., sec. 33, SW 1/4 NE 1/4 . Containing 40 acres, more or less in Valley County. The parcel will be offered through competitive sale pursuant to 43 CFR 2711.3-1. Authority for the sale is sections 203 and section 209 of the Federal Land Policy and Management Act of October 21, 1976 (43 U.S.C. 1701, 1713, 1719). This parcel of public land, east of Glasgow, Montana, is being offered for sale, using both sealed bid and oral bid procedures, at not less than the appraised fair market value of $26,000. The land is not required for Federal purposes and was identified for disposal in the Judith-Valley-Phillips Resource Management Plan approved in October 1992. The disposal
(sale)of the parcel would serve the public benefit by making lands available for community expansion and private economic development. As such, these lands meet the criteria for sale under 43 CFR 2710.0-3(a)(2) and (3). The land is located one mile northwest of Glasgow, Montana, and has physical and legal access via U.S. Highway 2 and a well maintained county roadway, Jensen Trail. Jensen Trail cuts through the property on a north-south axis, bisecting the property. The parcel consists of a flat ridge top giving way to a south facing slope, which levels slightly at its southern border. The vegetation on the property consists mostly of native grasses and shrubs, and there are a few cottonwood trees on the property. There is no running surface water on the property; however, there are several small draws that are no doubt active during spring run-off. Home development is currently on the property's east, south, and northeast borders. Both sealed bids and oral bids will be accepted. All sealed bids must be received at the BLM, Glasgow Field Station (address stated above), not later than 4:30 p.m., MST, on the day prior to the sale or September 13, 2006. The outside of bid envelopes must be clearly marked on the front lower left-hand corner with “BLM Land Sale MT, MTM-93473,” and the bid opening date. Bids must be for not less than the appraised market value of $26,000. Each sealed bid shall be accompanied by a certified check, money order, bank draft, or cashier's check made payable to the Bureau of Land Management, for not less than 10
(ten)percent of the amount bid. The bid envelope must also contain a statement showing the total amount bid and the name, mailing address, and phone number of the entity making the bid. Oral bidding on the date of the sale will begin at 1 p.m. at the Glasgow Field Station office at the highest qualified sealed bidder's offer. The highest qualifying oral bidder shall submit payment by cash, personal check, bank draft, money order, or any combination for not less than one-fifth of the amount of the bid immediately following the close of the sale. The successful bidder, whether such bid is a sealed or oral bid, shall submit the remainder of the full bid price prior to the expiration of 180 days from the date of the sale. Failure to submit the full bid price prior to the 180th day shall result in forfeiture of the deposit. The BLM, in its sole discretion, reserves the right to:
(1)Reject any bid;
(2)ask for supplemental bids in the case of identical bids;
(3)make minor exceptions to procedures to resolve administrative or other conflicts; and
(4)withdraw the property from sale or postpone the sale due to protests, appeals, litigation, administrative, or other reasons. If not sold, the parcel described above in this notice may be identified for sale on a continuing basis, by sealed bid, until sold. Federal law requires bidders to be U.S. citizens 18 years of age or older, a corporation subject to the laws of any state or of the United States; a state, state instrumentality, or political subdivision authorized to hold property, or an entity including, but not limited to, associations or partnerships legally capable of holding property or interests therein under the laws of the State of Montana. For a period until June 5, 2006, interested parties may submit comments to the Glasgow Field Station, P.O. Box 871, 605 2nd Avenue South, Room 206, Glasgow, Montana 59230. Any comments are to be in letter format to be addressed and mailed to John Fahlgren, Assistant Field Manager, Glasgow Field Station. Facsimiles, telephone calls, and e-mails are unacceptable means of notification. Comments including names and street addresses of respondents will be available for public review at the Glasgow Field Station during regular business hours, except holidays. Individual respondents may request confidentiality. If you wish to withhold your name or address from public disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your comments. Such requests will be honored to the extent allowed by law. All submissions from organizations or businesses, will be made available for public inspection in their entirety. Any adverse comments will be reviewed by the State Director, who may sustain, vacate, or modify this realty action and issue a final determination. In the absence of timely filed objections, this realty action will become the final determination of the Department of the Interior. The publication of this notice of realty action shall segregate the public lands covered to the extent that they will not be subject to appropriation under the public land laws, including the mining laws. Any subsequent application shall not be accepted, shall not be considered as filed, and shall be returned to the applicant if the notice segregates the lands from the use applied for in the application. The segregative effect of the notice of realty action shall terminate upon issuance of patent or other document of conveyance to such lands, upon publication in the **Federal Register** of a termination of the segregation or 270 days from the date of publication, whichever occurs first. The patent will include the following reservations: A right-of-way thereon for ditches and canals constructed by authority of the United States, Act of August 30, 1890 (43 U.S.C. 945) and will be subject to valid existing rights and the following encumbrances of record: The conveyance will be subject to valid existing rights and the following encumbrances of record: 1. Those rights for an access road which have been granted to Valley County by right-of-way MTM-58710 under the Federal Land Policy and Management Act of 1976; and 2. Those rights for an electrical powerline which have been granted to Valley Electric Cooperative, Inc., right-of-way MTM-60025 under the Federal Land Policy and Management Act of 1976. No warranty of any kind shall be given or implied as to the potential use of the land offered for sale. In the event of a sale, the unreserved mineral interests will be conveyed simultaneously with the sale of the land. The unreserved mineral interests have no known mineral value. Acceptance of the sale offer will constitute an application for conveyance of those unreserved mineral interests pursuant to section 209 of the Federal Land Policy and Management Act of 1976. The purchaser will be required to pay a $50.00 non-refundable filing fee for conveyance of the available mineral interests with the final payment. The purchaser/patentee, by accepting patent, agrees to indemnify, defend, and hold the United States harmless from any costs, damages, claims, causes of action, penalties, fines, liabilities, and judgments of any kind arising from the past, present, or future acts or omissions of the patentee, its employees, agents, contractors, or lessees, or a third party arising out of, or in connection with, the patentee's use and/or occupancy of the patented real property resulting in:
(1)Violations of Federal, state, and local laws and regulations that are now, or in the future become, applicable to the real property;
(2)judgments, claims, or demands of any kind assessed against the United States;
(3)costs, expenses, or damages of any kind incurred by the United States;
(4)releases or threatened releases of solid or hazardous waste(s) and/or hazardous substance(s), as defined by Federal or state environmental laws, off, on, into, or under land, property, and other interests of the United States;
(5)other activities by which solids or hazardous substances or wastes, as defined by Federal and state environmental laws are generated, released, stored, used, or otherwise disposed of on the patented real property, and any cleanup response, remedial action, or other actions related in any manner to said solid or hazardous substances or wastes; or
(6)natural resource damages as defined by Federal and State law. This covenant shall be construed as running with the patented real property and may be enforced by the United States in a court of competent jurisdiction. John Fahlgren, Assistant Field Manager, Glasgow Field Station. [FR Doc. E6-5954 Filed 4-20-06; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-050-5853-ES; N-76692] Notice of Realty Action: Lease/Conveyance for Recreation and Public Purposes, Las Vegas, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Realty Action. SUMMARY: Pursuant to the Recreation and Public Purposes Act, the Bureau of Land Management proposes to lease or convey to the City of Las Vegas, Nevada, 70 acres of public land within the City, for a public safety training center. DATES: The Bureau of Land Management must receive, at the address noted below, the comments of interested parties on or before June 5, 2006. ADDRESSES: Please mail your comments to the Las Vegas Field Manager, Bureau of Land Management, Las Vegas Field Office, 4701 N. Torrey Pines Drive, Las Vegas, Nevada 89130-2301. FOR FURTHER INFORMATION CONTACT: Frederick Marcell, Acting Supervisor Realty Specialist,
(702)515-5164. SUPPLEMENTARY INFORMATION: The following described public land in Las Vegas, Clark County, Nevada has been examined and found suitable for lease/conveyance for recreational or public purposes under the provisions of the Recreation and Public Purposes Act, as amended (43 U.S.C. 869 *et seq.* ). N-76692—The City of Las Vegas proposes to use the land for a public safety training center that will serve citizens in the northwest sector of the City, where much growth has occurred. The center will be used privately to train police and fire personnel in a controlled, safe environment. Mount Diablo Meridian T. 19S., R. 59E., Sec. 24 NE 1/4 SW 1/4 , NE 1/4 SE 1/4 SW 1/4 , W 1/2 NW 1/4 NW 1/4 SE 1/4 , SW 1/4 NW 1/4 SE 1/4 , W 1/2 SE 1/4 NW 1/4 SE 1/4 . Containing 70.00 acres, more or less. The land is not required for any federal purpose. Lease/conveyance is consistent with current Bureau planning for this area and would be in the public interest. The lease/conveyance, when issued, will be subject to the provisions of the Recreation and Public Purposes Act and applicable regulations of the Secretary of the Interior, and will contain the following reservations to the United States: 1. A right-of-way thereon for ditches or canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945). 2. All minerals shall be reserved to the United States, together with the right to prospect for, mine and remove such deposits from the same under applicable law and such regulations as the Secretary of the Interior may prescribe. The lease/conveyance will be subject to: 1. All valid existing rights. 2. Those rights for public utility purposes which have been granted to Nevada Power Company by permit No's. N-54269, N-57525 and N-43546, Central Telephone by permit No. N-54269, Clark County by permit No's. N-55021, N-56893, N-60079, N-60903 and N-61323 under Title V of the Federal Land Policy and Management Act of October 21, 1976 (FLPMA). Detailed information concerning this action is available for review in the office of the Bureau of Land Management, Las Vegas Field Office at the address listed above. On April 21, 2006, the above described land will be segregated from all other forms of appropriation under the public land laws, including the general mining laws, except for lease/conveyance under the Recreation and Public Purposes Act, leasing under the mineral leasing laws and disposals under the mineral material disposal laws. *Classification Comments:* Interested parties may submit comments involving the suitability of the land for a public safety training center. Comments on the classification are restricted to whether the land is physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with State and Federal programs. The classification of the land described in this Notice will become effective 60 days from the date of publication of this notice in the **Federal Register** . The lands will not be offered for lease/conveyance until after the classification becomes effective. *Application Comments:* Interested parties may submit comments regarding the specific use proposed in the application and plan of development, whether the BLM followed proper administrative procedures in reaching the decision, or any other factor not directly related to the suitability of the land for a public safety training center. Any adverse comments will be reviewed by the State Director who may sustain, vacate, or modify this realty action. In the absence of any adverse comments, this realty action will become the final determination of the Department of the Interior. Dated: March 14, 2006. Frederic Marcell, Acting Assistant Field Manager, Division of Lands, Las Vegas, NV. [FR Doc. E6-5952 Filed 4-20-06; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF INTERIOR Bureau of Land Management [NV-010-06-1220-PA] Notice of Travel Restriction to Off-Road Vehicles AGENCY: Bureau of Land Management, Interior. ACTION: Notice of off-road vehicle (ORV), also referred to as off-highway vehicle (OHV), travel restriction to motorized use on public lands in the Elko Field Office, Spruce Mountain Area, Nevada Department of Wildlife Hunt Unit 105. SUMMARY: Pursuant to 43 Code of Federal Regulations 8341.2, effective on publication of this Notice; off-road vehicles
(ORV)travel is restricted to existing roads and two-tracks (approximately 850 miles) on public lands on and in the vicinity of Spruce Mountain, south of Wells, Nevada. The public lands affected by this restriction are located in portions of T. 29 N., R. 64 E; T. 30 N., R. 63 thru 65 E.; and T. 31 thru 34 N., R. 62 thru 66 E., MDM, Elko County, Nevada. This notice also prohibits competitive events on public lands in the area. The purpose of this action is to protect important cultural resources and wildlife habitats. DATES: *Effective Dates:* This notice is effective immediately and shall remain in effect until BLM completes a land use plan revision (currently scheduled for 2009) and a Record of Decision. FOR FURTHER INFORMATION CONTACT: Clinton R. Oke, Assistant Field Manager, Non Renewable Resources, Elko Field Office. 3900 E. Idaho Street, Elko, Nevada, 89801, telephone (775)-753-0200. SUPPLEMENTARY INFORMATION: In 1985, the Wells and Elko Resource Management Plans
(RMP)designated the majority of public lands managed by the BLM Elko Field Office as “open” to off-road vehicle use. Since that time, improvements to OHV and all-terrain vehicle design, capability, affordability and popularity have led to more numerous and widespread presence of these motorized vehicles. This increased use is creating adverse impacts to important cultural resources and wildlife habitat. The BLM Elko Field Office is seeking input from interested publics, organizations, and agencies for a Travel Management Plan for the Spruce Mountain Area, NDOW Hunt Unit 105. This Travel Management Plan will also have input from the Northeastern Great Basin Resource Advisory Council (RAC). Any travel limitations recommended will be considered in the Resource Management Plan
(RMP)revision process. Maps of the travel restricted area are available for review at the above address. The purpose of the temporary travel restriction is to protect important cultural resources and wildlife habitat, and address imminent adverse impacts from ORV use off of existing roads and two-tracks. Authority: This notice issued under the authority of 43 CFR 8341.2. Violations of this restriction are punishable by a fine not to exceed $1,000 and/or imprisonment not to exceed 12 months as provided. Exemptions from this restriction will apply for BLM authorized permittees related to their ranching operations as described within the terms and conditions of their existing permits, official Nevada State and Elko County business and BLM law enforcement. The authorized officer may make other exemptions to the restrictions on a case-by-case basis. Dated: February 23, 2006. Helen M. Hankins, Field Office Manager. [FR Doc. E6-5992 Filed 4-20-06; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CA-360-05-1220-DA] Notice of Interim Final Supplementary Rules on Public Lands in Shasta County, CA AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Interim Final Supplementary Rules for public lands within the Swasey Drive Planning Area, Redding Field Office, Redding, California. SUMMARY: The Bureau of Land Management
(BLM)Redding Field Office is publishing interim final supplementary rules applicable to public lands within the Swasey Drive Planning Area, as identified in the Swasey Drive Area Implementation Plan. The interim final supplementary rules will govern activities such as target shooting, motor vehicle use, and camping on public lands managed by the Redding Field Office. These interim final supplementary rules are needed to protect recreation opportunities, public health and safety, and cultural and natural resources in accordance with the Swasey Drive Area Implementation Plan/Environmental Assessment and Decision Record
(DR)of September 2004. DATES: The interim final supplementary rules are effective April 21, 2006. We invite comments until June 20, 2006. ADDRESSES: Mail or hand deliver all comments concerning the interim final supplementary rules to the Bureau of Land Management, Redding Field Office, 355 Hemsted Drive, Redding, CA 96002; or you may access the Federal eRulemaking Portal: *http://www.regulations.gov.* Copies of the Swasey Drive Area Implementation Plan and Decision Record can be obtained at the BLM Redding Field Office, 355 Hemsted Drive, Redding, CA 96002,
(530)224-2100. FOR FURTHER INFORMATION CONTACT: William Kuntz, Outdoor Recreation Planner, Bureau of Land Management, Redding Field Office, 355 Hemsted Drive, Redding, CA 96002, phone
(530)224-2100 or by e-mail at *wkuntz@ca.blm.gov.* Internet access to the Swasey Drive Area Implementation Plan and Decision Record is available at: *http://www.ca.blm.gov/redding.* BLM will also announce the interim final supplementary rules through local media outlets and post this notice with a map of the affected areas at key locations that provide access to the area. SUPPLEMENTARY INFORMATION: I. Public Comment Procedures II. Background III. Procedural Matters IV. Interim Final Supplementary Rules I. Public Comment Procedures Written comments on these interim final supplementary rules should be specific, confined to issues pertinent to the interim final supplementary rules, and should explain the reason for any recommended change. Where possible, comments should reference the specific section or paragraph of the rule that the comment is addressing. BLM need not consider or include in the Administrative Record for the final rule:
(a)Comments that BLM receives after the close of the comment period (see DATES ), unless they are postmarked or electronically dated before the deadline, or
(b)comments delivered to an address other than those listed above (See ADDRESSES ). You may also access and comment on the interim final supplementary rules at the Federal eRulemaking Portal by following the instructions at that site (see ADDRESSES ). Comments, including names, street addresses, and other contact information of respondents, will be available for public review at the Redding Field Office, 355 Hemsted Drive, Redding, CA 96002, during regular business hours (7:45 a.m. to 3:45 p.m.), Monday through Friday, except Federal holidays. Individual respondents may request confidentiality. If you wish to request that BLM consider withholding your name, street address, and other contact information (such as Internet address, FAX, or phone number) from public review or from disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your comment. BLM will honor requests for confidentiality on a case-by-case basis to the extent allowed by law. BLM will make available for public inspection in their entirety all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses. II. Background In the Redding Resource Management Plan and Record of Decision of June 1993, the area known as Swasey Drive was designated an Area of Critical Environmental Concern (ACEC). Because of this decision, BLM identified these lands for retention and decided to write a subsequent management plan for the area. The Swasey Drive ACEC and surrounding planning area includes approximately 1,250 acres. It is used by researchers, hikers, mountain bikers, equestrians, campers, off-road vehicle users, and target shooters. Trails within this area are linked to the National Park Service's Whiskeytown National Recreation Area. Because of the intensive use of the area by the public, BLM implemented some restrictions in 1998 to limit off-road vehicle use and target shooting. These restrictions were designed to protect public health and safety and to protect sensitive cultural resources within the ACEC and the surrounding areas until BLM could complete a detailed management plan. As a result of a growing population, the development of residential housing on private lands around the Swasey Drive area, and the increasing popularity of the area for non-motorized recreation activities, the human use of the area has increased. Target shooting in the area has also increased, as has illegal trash dumping and underage drinking. The combination of increased recreational use as well as increased levels of target shooting, trash dumping, and underage drinking has created a condition that places the public at risk. In May 2001, BLM held an initial public scoping meeting for the development of the Swasey Drive Implementation Plan. The meeting was attended by a broad range of individuals, groups, tribes, and agencies. In 2004, the BLM completed the Swasey Drive Area Implementation Plan. As a result of the plan, the specific restrictions in the decision record are implemented in these interim final supplementary rules. The purpose of the interim final supplementary rules is to protect the historic and prehistoric cultural resources and public health and safety. Also, the rules will help maintain the natural resources and recreation opportunities within the Swasey Drive ACEC and associated public lands. Restrictions on camping and nighttime use will curtail illegal trash dumping and underage drinking, which have been ongoing concerns for many years. BLM provided for substantial public participation and coordination during the development of the Swasey Drive Implementation Plan and Environmental Assessment. Public participation included one public scoping meeting attended by 65 individuals. BLM received 29 formal responses (letters and e-mails) as a result of the scoping solicitation. The timing of this action is important due to the danger that long rifle target shooting poses for local residents and other users of the area. Numerous reports from local area residents have stated that bullets have been found lodged in the walls of their homes or in the area around their homes. As recreational use increases with a parallel increase in target shooting, the likelihood of an accident occurring rises dramatically. In 2001, BLM used a risk management process to determine the low, medium, high, and extremely high risk management levels of target shooting in this area. We determined that the risk of death caused by this activity could not be mitigated sufficiently over the long term with BLM's limited personnel and current regulations. In short, if these interim final rules are not issued, there is an increasing risk that a recreational visitor or local resident in the adjacent subdivision will be seriously injured or killed by a poorly aimed or skipping/ricocheting bullet. These issues were fully discussed in the scoping meeting. Therefore, due to the increased and increasing safety concerns, and the previous opportunities for public participation, BLM finds that promulgating these supplementary rules as proposed rules would be impracticable, unnecessary, and contrary to the public interest. As such, there is good cause to publish these supplementary rules in interim final form. Similar considerations of good cause support an immediate effective date, *i.e.* the date of publication for these rules. We will publish final supplementary rules that respond to any public comments, or confirm the supplementary rules as final if we receive no compelling arguments to amend the interim final supplementary rules. The authorities for these interim final supplementary rules are 43 CFR 8360.0-7, 8364.1 and 8365.1-6. III. Procedural Matters Executive Order 12866, Regulatory Planning and Review These interim final supplementary rules are not a significant regulatory action and are not subject to review by the Office of Management and Budget under Executive Order 12866. These interim final supplementary rules will not have an annual effect of $100 million or more on the economy. They will not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or Tribal governments or communities. These interim final supplementary rules will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. These interim final supplementary rules do not materially alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients, nor do they raise novel legal or policy issues. They merely impose rules of conduct and other limitations on certain recreational activities at a limited planning area to protect natural and cultural resources and human health and safety. Clarity of the Interim Final Supplementary rules Executive Order 12866 requires each agency to write regulations that are simple and easy to understand. We invite your comments on how to make these interim final supplementary rules easier to understand, including answers to questions such as the following:
(1)Are the requirements in the interim final supplementary rules clearly stated?
(2)Do the interim final supplementary rules contain technical language or jargon that interferes with their clarity?
(3)Does the format of the interim final supplementary rules (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce their clarity?
(4)Would the interim final supplementary rules be easier to understand if they were divided into more (but shorter) sections?
(5)Is the discussion of the interim final supplementary rules in the SUPPLEMENTARY INFORMATION section of this preamble helpful to your understanding of these supplementary rules? How could this material be more helpful in making the interim final supplementary rules easier to understand? Please send any comments you have on the clarity of the interim final supplementary rules to the address specified in the ADDRESSES section. National Environmental Policy Act BLM has prepared an Environmental Assessment
(EA)and a Decision Record for the Swasey Drive Implementation Plan. Within the Plan/EA and subsequent DR, analysis was provided as a basis for the interim final supplementary rules. The Swasey Drive Implementation Plan/EA provided management alternatives, public participation, law enforcement logs, soil analyses, and projected firearm ammunition distances. The Plan and EA called for the restriction of firearms target shooting to the use of shotguns within the existing Swasey Drive target shooting area, and for this use to be phased out over four years, while reserving to the Redding Field Office Manager the authority to allow exceptions to this restriction during the phase-out period by issuing special recreation permits. The Plan, supported by the EA, also requires the use of biodegradable materials for targets. The Plan called for a prohibition of night use of motor vehicles within the area beyond the main developed trailhead parking area near Swasey Drive, and a requirement that campers have a special recreation permit. These interim final supplementary rules expressly implement these Plan elements, as included in the Decision Record on the Plan and fully considered in the EA supporting the Plan. The supplementary rules are designed to mitigate potential user-related issues discussed in the environmental assessment. Also, the Plan/EA informed the public that rules for use of the area would be developed to reduce user conflicts and protect important cultural and natural resources and values. The interim final supplementary rules are designed to mitigate the specific issues addressed in the Plan/EA. BLM has found, therefore, that the interim final supplementary rules would not constitute a major Federal action significantly affecting the quality of the human environment under section 102(2)(C) of the Environmental Protection Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The Plan/EA and DR are available for review in the BLM Administrative Record at the address specified in the ADDRESSES section. Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as amended, 5 U.S.C. 601-612, to ensure that Government regulations do not unnecessarily or disproportionately burden small entities. The RFA requires a regulatory flexibility analysis if a rule would have a significant economic impact, either detrimental or beneficial, on a substantial number of small entities. These interim final supplementary rules should have little economic effect on business, organizational, or governmental entities of whatever size. They merely would impose reasonable restrictions on certain recreational activities in the Swasey Drive Planning Area to protect cultural and natural resources and the environment, and human health and safety. Therefore, BLM has determined under the RFA that these interim final supplementary rules would not have a significant economic impact on a substantial number of small entities. Small Business Regulatory Enforcement Fairness Act (SBREFA) These interim final supplementary rules are not a “major rule” as defined at 5 U.S.C. 804(2). They would not result in an annual effect on the economy of $100 million or more, in a major increase in costs or prices, or in significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. They would merely impose reasonable restrictions on certain recreational activities in the Swasey Drive Planning Area to protect natural resources and the environment, and human health and safety. Unfunded Mandates Reform Act These interim final supplementary rules do not impose an unfunded mandate on state, local, or Tribal governments, in the aggregate, or the private sector, of $100 million or more in any one year, nor do they have a significant or unique effect on small governments. They would merely impose reasonable restrictions on certain recreational activities in the Swasey Drive Planning Area to protect natural and cultural resources and the environment, and human health and safety. Tribal groups and Shasta County were involved in the development of the Swasey Drive Implementation Plan. Therefore, BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act at 2 U.S.C. 1532. Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights (Takings) These interim final supplementary rules are not a government action capable of interfering with constitutionally protected property rights. The interim final supplementary rules would have no effect on private lands or property. Therefore, the Department of the Interior has determined that the rule would not cause a taking of private property or require preparation of a takings assessment under this Executive Order. Executive Order 13132, Federalism These interim final supplementary rules would not have a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. The interim final supplementary rules would have no effect on state or local government, and specifically exempt state and local government law enforcement and emergency personnel and activities from the effect of the interim final supplementary rules. Shasta County was involved in the development of the underlying Swasey Drive Implementation Plan, which the interim final supplementary rules help implement. Therefore, in accordance with Executive Order 13132, BLM has determined that these interim final supplementary rules do not have sufficient Federalism implications to warrant preparation of a Federalism assessment. Executive Order 12988, Civil Justice Reform Under Executive Order 12988, the Office of the Solicitor determined that these interim final supplementary rules would not unduly burden the judicial system and that they meet the requirements of sections 3(a) and 3(b)(2) of the Order. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175 we have found that these interim final supplementary rules do not include policies that have tribal implications. Policies that have tribal implications refer to regulations that have substantial direct effects on one or more Indian tribes, or the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Over one-half of the planning area is identified as an ACEC because of the presence of fragile historic and prehistoric resources of National Register of Historic Places level. Thus, a paramount consideration in the planning effort was archaeological site protection, conservation, research, and interpretation. We recognize that many of the cultural resources of the planning area are considered significant to local Wintu people, based on numerous interactions between them and BLM staff members. Several Wintu serve as local site stewards. The presence of burials at certain locations in the planning area correlates with spiritual locations significant in Wintu religion. Tribal groups were invited to participate in the development of the Swasey Drive Implementation Plan. We contacted the Bureau of Indian Affairs and the following Tribal entities: Redding Rancheria; Wintu Cultural and Educational Council; and the Wintu Tribe and Toyon-Wintu Center. None of these entities commented on the plan. The interim final supplementary rules are intended to help protect these cultural, historic, and prehistoric resources. Accordingly, under Executive Order 13175, we have found that these interim final supplementary rules for the planning area do not include policies that have tribal implications. Paperwork Reduction Act These interim final supplementary rules do not contain information collection requirements that the Office of Management and Budget must approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 *et seq.* Author The principal author of these interim final supplementary rules is William Kuntz, Supervisory Outdoor Recreation Planner, Redding Field Office, Bureau of Land Management. IV. Interim Final Supplementary Rules The State Director, California State Office, Bureau of Land Management, issues the following supplementary rules for the Swasey Drive Planning Area on an interim final basis. Supplementary Rules for the Swasey Drive Planning Area Section 1. Definitions a. “Firearm” means any device from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion, including but not limited to shotguns, rifles, pistols, starting pistols, flintlock rifles and muskets, and revolvers. b. “Motorized vehicle” means any self-propelled device in, upon, or by which any person or property is or may be propelled, moved, or drawn, including but not limited to, cars, trucks, vans, motorcycles, motor-driven cycles, motorized scooters, motorized skateboards, and snowmobiles. “Motorized vehicle” does not include a self-propelled wheelchair, invalid tricycle, or motorized quadricycle when operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. c. “Public entity” means any county, city, public district, public agency, public authority, or public or municipal corporation; the Federal Government or any Federal department or agency; a state, or any state department or agency. d. “Camping” means the act of occupying ground on which temporary shelters are erected. Section 2. Supplementary Rules a. Firearms target shooting is restricted to the use of shotguns within the existing Swasey Drive target shooting area (boundary is marked by signs). This type of target shooting with shotguns will be phased out over a four-year period beginning April 21, 2006. BLM signs will accurately depict the extent of the target area. During the phase-out period, the Redding Field Office Manager or his representative may authorize an exception to the restriction on target shooting with shotguns by issuing a special recreation permit b. It is unlawful for any person, other than an employee of a public entity acting within the scope of that employment, *e.g.* , a law enforcement officer, or pursuant to the authority of the BLM, to use a motorized vehicle within the area posted and described below from sunset to sunrise beyond the main developed trailhead parking area near Swasey Drive. c. Camping is allowed by BLM special recreation permit issued only by the Redding Field Office Manager or his representative. Section 3. Affected Lands These supplementary rules apply to all public lands within the Swasey Drive Planning Area, as identified in the Swasey Drive Area Implementation Plan and Decision Record and described as follows: Mount Diablo Meridian T. 31 N., R. 5 W, Sec. 6, lots 29, and 30; Sec. 7, lots 7 to 10, inclusive, lots 14 to 28, inclusive, and lots 32, 33, and 36. T. 31 N., R. 6 W., Sec. 12. Totaling approximately 1,250 acres. Section 4. Exceptions to the Supplementary Rules These supplementary rules do not apply to the following activities: access by authorized emergency rescue vehicles, BLM operation and maintenance vehicles, and fire and law enforcement vehicles, appropriate access to mining claims by the claimant and to private property by the property owners, as authorized by laws or by the BLM Field Manager or the acting Field Manager; activities consistent with the Redding Resource Management Plan Record of Decision and authorized by a special use permit from the BLM Field Manager or the acting Field Manager; and resource management activities conducted by BLM. These supplementary rules are not intended to affect legal hunting consistent with California Department of Fish and Game regulations. Section 5. Penalties Under Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360.0-7, if you violate these supplementary rules on public lands within the boundaries established, you may be tried before a United States Magistrate and fined no more than $1,000 or imprisoned for no more than 12 months, or both. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. Mike Pool, State Director, California BLM State Office. [FR Doc. E6-5991 Filed 4-20-06; 8:45 am] BILLING CODE 4310-40-P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement Notice of Proposed Information Collection for 1029-0103 AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Notice and request for comments. SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining
(OSM)is announcing its intention to renew its authority for the collection of information for noncoal reclamation, 30 CFR part 875. DATES: Comments on the proposed information collection must be received by June 20, 2006, to be assured of consideration. ADDRESSES: Comments may be mailed to John A. Trelease, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave., NW., Room 202-SIB, Washington, DC 20240. Comments may also be submitted electronically to *jtreleas@osmre.gov* . FOR FURTHER INFORMATION CONTACT: To request a copy of the information collection request, explanatory information and related forms, contact John A. Trelease, at
(202)208-2783 or at the e-mail address listed above. SUPPLEMENTARY INFORMATION: The Office of Management and Budget
(OMB)regulations at 5 CFR 1320, which implement provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities [see 5 CFR 1320.8(d)]. This notice identifies an information collection activity that OSM will submit to OMB for extension. This collection is contained in 30 CFR part 875, Noncoal reclamation. OSM has revised burden estimates, where appropriate, to reflect current reporting levels or adjustments based on reestimates of burden or respondents. OSM will request a 3-year term of approval for this information collection activity. Comments are invited on:
(1)The need for the collection of information for the performance of the functions of the agency;
(2)the accuracy of the agency's burden estimates;
(3)ways to enhance the quality, utility and clarity of the information collection; and
(4)ways to minimize the information collection burden on respondents, such as use of automated means of collection of the information. A summary of the public comments will accompany OSM's submission of the information collection request to OMB. This notice provides the public with 60 days in which to comment on the following information collection activity: *Title:* Noncoal reclamation, 30 CFR 875. *OMB Control Number:* 1029-0103. *Summary:* This Part establishes procedures and requirements for State and Indian tribes to conduct noncoal reclamation under abandoned mine land funding. The information is needed to assure compliance with the Surface Mining Control and Reclamation Act of 1977. *Bureau Form Numbers:* OSM-47, OSM-49, OSM-51. *Frequency of Collection:* Once. *Description of Respondents:* State governments and Indian Tribes. *Total Annual Responses:* 1. *Total Annual Burden Hours:* 100. Dated: April 14, 2006. John A. Trelease, Acting Chief, Division of Regulatory Support. [FR Doc. 06-3806 Filed 4-20-06; 8:45 am]
Connectionstraces to 19
Traces to 19 documents
20 references not yet in our index
  • 50 CFR 17.12
  • 50 CFR 424.21
  • 50 CFR 17.11
  • 50 CFR 17.22
  • 50 CFR 17.32
  • 40 CFR 1506.6
  • 50 CFR 17.3(c)
  • 50 CFR 17.22(b)(5)
  • 16 USC 668dd-668ee
  • 42 USC 4321-4370d
  • 40 CFR 1500
  • 43 CFR 2711.3-1
  • 43 CFR 2710.0-3(a)(2)
  • 43 CFR 8341.2
  • 43 CFR 8360.0-7
  • 5 USC 601-612
  • 30 CFR 875
  • 5 CFR 1320
  • Pub. L. 104-13
  • 5 CFR 1320.8(d)
Citation graph
cites case law
Notices
Notice of review
U.S.C.§ 1531
U.S.C.§ 1538
U.S.C.§ 4371
U.S.C.§ 1532
U.S.C.§ 668dd
U.S.C.§ 4321
U.S.C.§ 1701
U.S.C.§ 945
U.S.C.§ 869
Cite50 CFR 17.12
Cite50 CFR 424.21
Cite50 CFR 17.11
Cites 39 · showing 12Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.