[No title available]

[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]

[Unknown Section]

[Pages 64250-64256]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: X09-121207]

[[Page 64250]]

DEPARTMENT OF THE INTERIOR (DOI)

Statement of Regulatory Priorities

The Department of the Interior (DOI) is the principal Federal steward

of our Nation's public lands and resources, including many of our

cultural treasures. We serve as trustee to Native Americans and Alaska

natives and are responsible for relations with the island territories

under United States jurisdiction. We manage more than 500 million acres

of Federal lands, including 391 park units, 548 wildlife refuges, and

approximately 1.7 billion of submerged offshore acres. This includes

some of the highest quality renewable energy resources available to

help the United States achieve the President's goal of energy

independence, including geothermal, solar, and wind. On March 30, 2009,

President Barack Obama signed into law the Omnibus Public Land

Management Act of 2009. The Act Congressionally established the Bureau

of Land Management's National Landscape Conservation System (NLCS). The

new law brings into NLCS nearly 928,000 acres of wilderness, one

national monument, four conservation areas, 363 miles of wild and

scenic rivers, and 40 miles of national scenic trails.

The Department protects and recovers endangered species; protects

natural, historic, and cultural resources; manages water projects that

are a life line and economic engine for many communities in the West;

manages forests and fights wildfires; manages Federal energy resources;

educates children in Indian schools; and provides recreational

opportunities for over 400 million visitors annually in our national

parks, public lands, national wildlife refuges, and recreation areas.

We will continue to review and update our regulations and policies to

ensure that they are effective and efficient, and that they promote

accountability and sustainability. We will emphasize regulations and

policies that:

Promote environmentally responsible and balanced development

of renewable and conventional energy on our public lands

and the Outer Continental Shelf;

Use the best available science to ensure that public resources

are protected, conserved, and used wisely;

Adopt performance approaches focused on achieving cost-

effective, timely results;

Improve the nation-to-nation relationship with American Indian

tribes;

Promote partnerships with States, tribes, local governments,

other groups, and individuals to achieve common goals;

Promote transparency, fairness, accountability, and the

highest ethical standards while maintaining performance

goals.

Major Regulatory Areas

DOI bureaus implement legislatively mandated programs through their

regulations. Some of these regulatory activities include:

Developing onshore and offshore energy, including renewable

energy, minerals, oil and gas, and other energy resources;

Managing migratory birds and preservation of certain marine

mammals and endangered species;

Managing dedicated lands, such as national parks, wildlife

refuges, NLCS lands, and American Indian trust lands;

Managing public lands open to multiple use;

Managing revenues from American Indian and Federal minerals;

Fulfilling trust and other responsibilities pertaining to

American Indians;

Managing natural resource damage assessments; and

Managing assistance programs.

Regulatory Policy

How DOI Regulatory priorities support the President's energy, resource

management, environmental sustainability, and economic recovery goals

Within the requirements and guidance in various Executive Orders, DOI's

regulatory programs seek to operate programs transparently,

efficiently, and cooperatively while maximizing protection of our land,

resources, and environment in a fiscally responsible way by:

(1) Protecting Natural, Cultural and Heritage Resources.

The Department's mission includes protecting and providing access to

our Nation's natural and cultural heritage and honoring our trust

responsibilities to tribes. We are committed to this mission and to

applying laws and regulations fairly and effectively. Our priorities

include protecting public health and safety, restoring and maintaining

public lands, protecting threatened and endangered species,

ameliorating land- and resource-management problems on public lands,

and ensuring accountability and compliance with Federal laws and

regulations.

The Bureau of Land Management (BLM) Wildlife Program continues to focus

on maintenance and management of wildlife habitat to help ensure self-

sustaining populations and a natural abundance and diversity of

wildlife resources on public lands. BLM-managed lands are vital to game

species and hundreds of species of non-game mammals, reptiles, and

amphibians. In order to provide for long-term protection of wildlife

resources, especially given other mandated land use requirements, the

Wildlife Program supports aggressive habitat conservation and

restoration activities, many funded by partnerships with Federal,

State, and non-governmental organizations. For instance, the Wildlife

Program is restoring wildlife habitat across a multi-state region to

support species that depend upon sagebrush vegetation. Projects are

tailored to address regional issues such as fire (as in the western

portion of the sagebrush biome) or habitat degradation and loss (as in

the eastern portion of the sagebrush biome). Additionally, BLM

undertakes habitat improvement projects in partnership with a variety

of stakeholders and consistent with State fish and game wildlife action

plans and local working group plans.

The National Park Service (NPS) is working with BLM and the U.S. Fish

and Wildlife Service (FWS) to finalize a rule to implement Public Law

106-206, which directs the Secretary to establish a system of location

fees for commercial filming and still photography activities on public

lands. While commercial filming and still photography are generally

allowed on Federal lands, managing this activity through a permitting

process will minimize damage to cultural or natural resources and

interference with other visitors to the area. This regulation would

standardize the collection of location fees by DOI agencies.

In 2007, the National Park Service developed a new winter use

regulation for Yellowstone and Grand Teton National Parks and the John

D. Rockefeller, Jr. Memorial Parkway. This 2007 regulation replaced an

interim rule that expired at the end of the 2006-2007 winter season. It

established an average daily entrance limit of 540 snowmobiles

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(compared to 720 under the interim rule), continued the limit of 10

snowmobiles for groups and guided tours, and established daily limits

on snow coach entrances to the park. As required by court orders, NPS

has reinstated the old interim rule pending development of an

acceptable new rule to take its place. As the first steps toward

developing this new rule, NPS published a proposed rule on November 5,

2008, and reopened comment on this rule on July 24, 2009. The Service

intends to issue a final rule that will remain in effect through the

2010-2011 winter season and will allow 318 snowmobiles and 78 snow

coaches per day.

In 2008, in consultation with an interagency work group, NPS began

developing a proposed rule to provide more efficient and cost-effective

management of federally owned archeological collections. At present,

there is no legal procedure to deaccession items in Federal collections

that are of ``insufficient archeological interest,'' i.e., they are of

no further value to the science of archaeology, or to the integrity of

the collection in which they are contained. This rule would free up

space in collections and allow custodians to allocate more time and

effort to care of remaining items. To ensure proper disposition of

those archaeological items, the regulation contains:

Criteria to determine when material remains are of

insufficient archeological interest and may be disposed;

Appropriate methods by which to dispose of archeological

material remains in priority order;

Conditions that must be met in order to determine that if

disposal is appropriate;

Procedures to notify concerned parties and solicit comments

regarding a proposed disposition;

A requirement to publish in the Federal Register the

disposition determination and a process to dispute it; and

Documentary requirements for full accountability of the

disposition.

The rule also requires assignment of a specific individual to be

accountable for proper disposition. The rule is now undergoing final

review and should be ready for publication in early 2010.

(2) Sustainably Using Energy, Water, and Natural Resources.

BLM has identified a total of approximately 20.6 million acres of

public land with wind energy potential in the 11 western states and

approximately 29.5 million acres with solar energy potential in the six

southwestern states. There are over 140 million acres of public land in

western states and Alaska with geothermal resource potential. There is

also significant wind and wave potential in our offshore waters. The

National Renewable Energy Lab, a Department of Energy national

laboratory, has identified more than 1,000 gigawatts of wind potential

off the Atlantic coast - roughly equivalent to the Nation's existing

installed electric generating capacity - and more than 900 gigawatts of

wind potential off the Pacific Coast. Due to the extent and

distribution of public lands, the Department has an important role, in

consultation with relevant Federal, State, regional, and local

authorities, in siting new transmission lines needed to bring renewable

energy assets to load centers.

Since the beginning of the Obama Administration, the Department has

focused on renewable energy issues and has established priorities for

environmentally responsible development of renewable energy on our

public lands and the outer continental shelf. Industry has started to

respond by investing in development of wind farms off the Atlantic

seacoast, solar facilities in the southwest, and geothermal energy

projects throughout the west. Power generation from these new energy

sources produces virtually no greenhouse gases and, when done in an

environmentally sensitive manner, harnesses with minimum impact

abundant renewable energy that nature itself provides.

On March 11, 2009, the Secretary issued his first Secretarial Order

that made facilitating the production, development, and delivery of

renewable energy on public lands and the OCS top priorities at the

Department. These goals will be accomplished in a manner that does not

ignore, but instead protects, our signature landscapes, natural

resources, wildlife, and cultural resources, and works in close

collaboration with all relevant Federal, state, Tribal and other

agencies. The order also established an energy and climate change task

force within the Department, drawing from the leadership of each of the

bureaus. The task force is responsible for, among other things,

quantifying the potential contributions of renewable energy resources

on our public lands and the OCS and identifying and prioritizing

specific ``zones'' on our public lands where the Department can

facilitate a rapid and responsible move to significantly increase

production of renewable energy from solar, wind, geothermal, and

biomass sources, and incremental or small hydroelectric power on

existing structures.

On April 29, 2009, the Minerals Management Service published a final

rule to establish a program to grant leases, easements, and rights-of-

way for renewable energy projects on the Outer Continental Shelf (OCS).

These regulations will ensure the orderly, safe, and environmentally

responsible development of renewable energy sources on the OCS.

(3) Empowering People and Communities.

The Department encourages public participation in the regulatory

process by seeking public input on a variety of regulatory issues. For

example, every year FWS establishes migratory bird hunting seasons in

partnership with flyway councils composed of State fish and wildlife

agencies. FWS also holds a series of public meetings to give other

interested parties, including hunters and other groups, opportunities

to participate in establishing the upcoming season's regulations.

Similarly, BLM uses Resource Advisory Councils (RACs) made up of

affected parties to help prepare land management plans and regulations

that it issues.

The National Park Service has begun revising its rules on non-Federal

development of gas and oil in units of the National Park System. Of the

approximately 700 gas and oil wells in 13 NPS units, 55 per cent, or

385 wells, are exempt from current regulations. In order to improve

protection of NPS resources, and bring those 385 wells under the

regulatory umbrella, revision of the regulation is necessary. NPS is

encouraging public input into designing the rule by publishing an

advance notice of proposed rulemaking. Interested members of the public

will be able to make suggestions on the content of the regulation,

which NPS will consider in writing the proposed rule. After developing

a proposed rule, NPS will solicit further public comment. Publishing an

advance notice of proposed rulemaking should result in a regulation

that will minimize impacts from drilling, improve operating standards

for oil and gas operations, and allow recovery of administrative costs.

[[Page 64252]]

Accountability and Sustainability Through Regulatory Efficiency

We are using the regulatory process to improve results while easing

regulatory burdens. For instance, the Endangered Species Act (ESA)

allows for delisting threatened and endangered species if they no

longer need the protection of the ESA. We are working to identify

species for which delisting or downlisting (reclassification from

endangered to threatened) may be appropriate.

The Fish and Wildlife Service has found that making listing decisions

under the Endangered Species Act in Hawaii on a traditional, species-

by-species basis is inefficient, since very similar information and

analysis would be repeated in each rule. To improve efficiency, FWS has

taken an approach that includes consideration of 48 species in one

regulatory package. This allows the Service to address the existing

backlog of candidate species more quickly. Most candidate species on

the Hawaiian Islands face nearly identical threats and are only found

in the few remaining native-dominated ecological communities. The

impacts of these threats are well understood at the community level,

while their impacts to the individual candidate species are relatively

less studied. Because this approach focuses on conserving the key

physical and biological components of native communities and

ecosystems, it may preclude the need to list additional species found

in the same ecological communities. Recovery plans developed in

response to the Kauai listing will focus conservation efforts on

protection and restoration of ecosystem processes, allowing us to more

efficiently address common threats in the most important areas.

DOI bureaus work to make our regulations easier to comply with and

understand. Our regulatory process ensures that bureaus share ideas on

how to reduce regulatory burdens while meeting the requirements of the

laws they enforce and improving their stewardship of the environment

and resources. Results include:

Effective stewardship of our Nation's resources in a way that

is responsive to the needs of small businesses;

Increased benefits per dollar spent by carefully evaluating

the economic effects of planned rules; and

Improved compliance and transparency by use of plain language

in our regulations and guidance documents.

Bureaus and Offices Within DOI

Bureau of Indian Affairs

The Bureau of Indian Affairs (BIA) administers and manages 56 million

acres of land held in trust by the United States for Indians and Indian

tribes, providing services to approximately 1.9 million Indians and

Alaska Natives, and maintaining a government-to-government relationship

with the 564 federally recognized Indian tribes. BIA's mission is to

``... enhance the quality of life, to promote economic opportunity, and

to carry out the responsibility to protect and improve the trust assets

of American Indians, Indian tribes, and Alaska Natives,'' as well as to

provide quality education opportunities to students in Indian schools.

In fiscal year 2010, BIA will continue its regulatory focus on improved

management of trust responsibilities and promotion of economic

development in Indian communities. In addition, we will focus on

updating Indian education regulations and on other regulatory changes

to increase transparency in support of the President's Open Government

Initiative.

With the input of tribal leaders, individual Indian beneficiaries, and

other subject matter experts, BIA has been examining ways to better

serve its beneficiaries. The American Indian Probate Reform Act of 2004

(AIPRA) made clear that regulatory changes were necessary to update the

manner in which we meet our trust management responsibilities. We have

promulgated regulations implementing the probate-related provisions of

AIPRA and will now focus on regulations to implement other AIPRA

provisions related to managing Indian land.

The focus on promoting economic development in Indian communities,

including development of renewable and conventional energy resources on

tribal lands, is a core component of BIA's mission. Economic

development initiatives can attract businesses to Indian communities

and fund services that support the health and well-being of tribal

members. By providing the tools necessary to promote economic

development, economic development can enable tribes to attain self-

sufficiency, strengthen their governments, and reduce crime.

Indian education is a top priority of the Assistant Secretary - Indian

Affairs. For this reason, we will review Indian education regulations

to ensure that they adequately support efforts to provide students of

BIA-funded schools with the best education possible.

Finally, BIA's regulatory focus on increasing transparency implements

the President's Open Government Initiative. We will ensure that all

regulations that we draft or revise meet high standards of readability,

and accurately and clearly describe BIA processes.

Bureau of Land Management

The Bureau of Land Management (BLM) manages 256 million acres of public

lands, located primarily in the western states and Alaska, and the 700-

million-acre subsurface mineral estate located throughout the Nation.

Our complex mission to manage public lands for multiple uses means that

we affect not only the many Americans who live near or visit public

lands, but also millions more who benefit from minerals, energy, and

timber produced from the lands' rich resources.

In carrying out our mission, we conserve natural and cultural resources

and sustain the health and productivity of our public lands for the use

and enjoyment of present and future generations. We manage such varied

uses as energy and mineral development, outdoor recreation, livestock

grazing, and forestry and woodlands products. In 2010 we will celebrate

the tenth anniversary of the National Landscape Conservation System

(NLCS), created to highlight the conservation side of our multiple-use

mandate. Earlier this year, Congress, by passing the Omnibus Public

Land Management Act (P.L. 111-11), affirmed its support of the NLCS in

statute and added 929,000 acres of wilderness, one national monument,

four national conservation areas, 363 miles of wild and scenic rivers,

and 40 miles of national scenic and historic trails to the NLCS. There

are now more than 880 NLCS treasured landscapes spanning the Nation

from Florida to Alaska.

The diverse public lands managed by BLM contain vast potential for

developing renewable energy resources such as wind, solar, and

geothermal energy, as well as oil, gas, coal, and timber. We are

analyzing proposals with the goal of increasing renewable energy

development on public lands. We are also establishing transmission

corridors to move renewable energy from production sites to market, and

have taken a significant step in this direction by designating more

than 5,000 miles of energy transport corridors as west-wide energy

corridors. The next step is authorizing rights-of-way across public

lands.

We have identified several emphasis areas to help explain our

regulatory

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priorities. The narrative below describes these emphasis areas and

explains their relationship with the Secretary of the Interior's

priorities in the areas of energy independence, treasured landscapes,

and Native American issues.

(1) Energy Independence

The quality of life that Americans enjoy today depends upon a stable

and abundant supply of affordable energy. Because BLM manages more

Federal land than any other agency -- 256 million surface acres and 700

million sub-surface acres of mineral estate - we play a key role in

ensuring that our country's energy needs are met by managing both

renewable and non-renewable sources. We do this in an environmentally

balanced and fiscally sound way that protects our natural resources and

critical wildlife habitat for such species as the sage grouse and lynx.

(2) Treasured Landscapes

Protecting the landscape means moving toward a holistic, landscape-

level approach to managing multiple public land uses. To implement this

approach, we work with partners interested in working on a broader

scale across jurisdictional lines to achieve a common landscape vision.

Our focus on restoring healthy landscapes includes:

Reducing the number of wild horses and burros on the public

lands, particularly in areas most affected by drought and

wildfire. Maintaining the wild horse and burro population

at appropriate levels is critical to conserving forage

resources that sustain native wildlife and livestock.

Restoring habitat for sensitive, rare, threatened, and

endangered species, such as the sage grouse, desert

tortoise, and salmon.

Supporting greater biodiversity through noxious weed and

invasive species control to allow native plants to thrive.

Improving water quality by restoring riparian areas and

protecting watersheds. Enhanced water quality aids in

restoring habitat for fish and other aquatic and riparian

species.

Conducting post-fire recovery efforts to promote healthy

landscapes and to discourage the spread of invasive

species.

(3) Native American Issues

BLM consults with Indian Tribes on a government-to-government basis,

and we are comprehensively assessing and improving our tribal

consultation practices. In August 2008, the BLM Director wrote to more

than 600 tribal leaders asking about their experiences with BLM and

their ideas on how we could improve our working relationship. We then

held a follow-up listening session in Anchorage to coincide with the

Alaska Federation of Natives Conference. We received many valuable

comments at this session, which led to additional listening sessions in

May through August 2009.

One area of concern relates to the Native America Graves Protection and

Repatriation Act (NAGPRA), which addresses the rights of Indian Tribes

and Native Hawaiian organizations to certain human remains and objects

of cultural patrimony. To comply with NAGPRA, we are inventorying and

repatriating human remains and other cultural items in BLM museum

collections. We are also consulting with Indian tribes on actions to

take when human remains and cultural items subject to NAGPRA are

discovered or excavated on public lands.

We also work with the Bureau of Indian Affairs and the Minerals

Management Service to help Indian tribes and individual allottees

develop their solid and fluid mineral resources. We are responsible for

protecting, developing, measuring, inspecting, and enforcing extraction

operations of the mineral estate on properties held in trust for Native

Americans.

BLM's Regulatory Priorities

Our regulatory focus is directed primarily by the priorities of the

President and Congress. These priorities include;

Facilitating balanced domestic production of various sources

of energy, including oil and gas, biomass, wind, solar, and

other alternative sources of energy;

Providing for a wide variety of public uses while maintaining

the long-term health and diversity of the land and

preserving significant natural, cultural, and historic

resource values;

Understanding the varied ecosystems we manage and committing

ourselves to using the best scientific and technical

information to make resource management decisions;

Understanding the needs of the people who use BLM-managed

public lands and providing them with quality service;

Securing the recovery of a fair return for using publicly

owned resources and avoiding creation of long-term

liabilities for American taxpayers; and

Resolving problems and implementing decisions in cooperation

with other agencies, States, tribal governments, and the

public.

In developing regulations, we strive to ensure communication,

coordination, and consultation with the public, including affected

interests, tribes, and other stakeholders. We also work to draft

regulations that are clearly written and easy for the public to

understand.

For the coming year, our specific regulatory goals include:

(1) Revising onshore oil and gas operating standards

BLM expects to revise existing onshore oil and gas operating orders and

propose a new order. Onshore orders establish requirements, minimum

standards, and standard operating procedures. They are binding on

Federal and Indian (except Osage) oil and gas leases and on all wells

and facilities on State or private lands covered by Federal agreements.

In order to determine the proper royalty that a lessee must pay, BLM

ensures that oil and gas is accurately measured for quantity and

quality. To ensure that proper royalties are paid on oil and gas

removed from Federal and trust lands, we plan to:

Revise existing Onshore Orders Numbers 3, 4, and 5 to use new

industry standards that reflect current operating

procedures and to require consistent use of proper

verification and accounting.

Propose new Onshore Order Number 9 to cover waste prevention

and beneficial use.

(2) Revising coal management regulations

BLM plans to publish a proposed rule that would amend the coal

management regulations governing Federal coal leases and logical mining

units. The rule would implement provisions of the Energy Policy Act

regarding administration of coal leases and clarify the royalty rate

for continuous highwall mining, a new coal mining method used on some

Federal coal leases.

(3) Publishing rules on paleontological resources preservation

The recently enacted omnibus public lands law included provisions on

permits for collecting paleontological resources. BLM and the Park

Service are co-leads of a team with the Forest Service that will be

drafting a

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paleontological resources rule. The rule would address the protection

of paleontological resources and how we would permit the collection of

these resources. The rule would also address other issues such as the

administration of permits, causal collection of rocks and minerals,

hobby collection of common invertebrate plants and fossils, and the

civil and criminal penalties for violation of these rules.

(4) Revising timber sale contract extension regulations

We plan to amend the forest product disposal regulations governing

forest product contracts. BLM regulations currently allow timber sale

contract extensions under very limited circumstances and do not allow

extensions for ``market fluctuations.'' Nor do they allow any reduction

of contract value due to declines in the lumber market. The recent

decline in the housing industry has resulted in a record decline in the

timber market, leaving many purchasers of BLM timber sale contracts

without a reasonable market in which to sell harvested timber. The

revised rule would allow us to extend contracts under specified

circumstances and provide more options to help maintain the logging and

sawmilling infrastructure needed to manage the 66 million acres of

publicly owned timber and woodland resources.

Minerals Management Service

The Minerals Management Service (MMS) collects, accounts for and

disburses more than $13 billion per year in revenues from Federal

offshore energy and mineral leases and from onshore mineral leases on

Federal and Indian lands. The program is national in scope and has two

major responsibilities. The first is timely and accurate collection,

distribution, and accounting for revenues associated with mineral and

energy production. The second is management and stewardship of the

resources of the Outer Continental Shelf (OCS) in a manner that

provides for safety, protection of the environment, and conservation of

valuable natural resources. MMS carries out these broad

responsibilities under authority of the Federal Oil and Gas Royalty

Management Act, the Federal minerals leasing acts, the Outer

Continental Shelf Lands Act, the Indian mineral leasing acts, and other

related statutes.

In 2009, MMS completed a major milestone by developing and codifying

the regulatory framework for renewable energy projects on the OCS. We

are now beginning to implement the regulatory provisions for developing

the Nation's offshore wind, wave, and ocean current resources in a safe

and environmentally sound manner. Using cost-effective, targeted

regulatory authority, we continue efforts to improve both the safety

record and environmental protection of all production operations while

ensuring fair value to the Federal Government, Indian Tribes, and

taxpayers.

Our regulatory focus for fiscal year 2010 is directed by Presidential

and legislative priorities that emphasize contributing to America's

energy supply, protecting the environment, and ensuring a fair return

for taxpayers for energy production from Federal and Indian lands.

Our regulatory priorities are to:

Continue to meet our Indian trust responsibilities

We have a trust responsibility to accurately collect and disburse oil

and gas royalties on Indian lands. MMS will increase royalty certainty

by addressing oil valuation for Indian lands through a rulemaking

process involving key stakeholders.

Determine the proper value of coal for advanced royalty

purposes

Implementing requirements in the Energy Policy Act of 2005, these

regulations will provide clarification by redesignating and amending a

BLM coal valuation directive. The rule will provide a needed

alternative method to determine the value of coal for advanced royalty

purposes.

Update pipelines and pipeline rights-of-way regulations

We expect to publish a final rule revising the Outer Continental Shelf

pipeline and pipeline rights-of-way regulations. This revised rule will

reflect current industry practices and MMS policies for safe operations

of pipelines on the OCS.

Update Oil and Gas Production Requirements

The final rule revises requirements for oil and gas production rates,

venting and flaring natural gas, and burning oil. The rule, which also

adds a requirement to measure flared or vented gas at high volume oil

production facilities, is expected to publish in FY 2010.

Office of Surface Mining Reclamation and Enforcement

The Office of Surface Mining Reclamation and Enforcement (OSM) was

created by the Surface Mining Control and Reclamation Act of 1977

(SMCRA) to ``strike a balance between protection of the environment and

agricultural productivity and the Nation's need for coal as an

essential source of energy.'' Title V of SMCRA sets minimum

requirements for obtaining a permit for surface coal mining operations,

sets performance standards for those operations, requires land

reclamation once mining ends, and requires enforcement to ensure that

the standards are met. Under SMCRA and later amendments we are the

primary enforcer of the Act's provisions until a State or Indian tribe

achieves ``primacy'' by demonstrating that its regulatory program meets

all of the specifications in the Act and is consistent with OSM

regulations.

When a primacy State or Indian tribe takes over permitting, inspection,

and enforcement activities under its federally approved regulatory

program, our role is to regulate mining activities and oversee and

evaluate the State or tribal program. Today, 24 of the 26 coal-

producing States have primacy. In return for assuming primacy, States

are entitled to regulatory grants and abandoned mine lands grants under

their abandoned mine lands programs. In addition, under cooperative

agreements, some primacy States have agreed to regulate mining on

Federal lands within their borders. In 2006, amendments to SMCRA

allowed Indian tribes with coal resources to assume primacy. No tribes

have done so to date, although three tribes have expressed an interest

in submitting a tribal program.

In summary, OSM regulates mining directly only in non-primacy States,

on Federal lands in States where no cooperative agreements are in

effect, and on Indian lands when the tribe does not have primacy.

OSM has sought to develop and maintain a stable regulatory program for

surface coal mining that is safe, cost-effective, and environmentally

sound. A stable regulatory program provides regulatory certainty so

that coal companies know what is expected of them and citizens know how

the program is being implemented and how they can participate. During

the development and maintenance of its program, OSM has recognized the

need to: (a) respond to local conditions, (b) provide flexibility to

react to technological change, (c) be sensitive to geographic

diversity, and (d) eliminate burdensome recordkeeping and reporting

requirements that, over time, have proved unnecessary to ensure an

effective regulatory program.

[[Page 64255]]

OSM's major regulatory priorities for the coming year are to:

Address issues resulting from the publication of the excess

spoil/stream buffer zone rule in December 2008

The publication of the excess spoil/stream buffer zone rule on December

12, 2008, has raised serious concerns about damage to the environment

and has resulted in litigation. We intend to review those concerns and

will initiate new rulemaking to address the issues raised.

Issue regulations establishing enforceable Federal standards

for the placement of coal combustion byproducts (CCBs) in

active and abandoned mines

We intend to publish proposed and final regulations establishing permit

application requirements and performance standards for the placement of

CCBs on coal mining sites. The requirements will apply to active mining

sites with permits for surface coal mining operations under Title V of

SMCRA and to abandoned mine sites being reclaimed under Title IV of

SMCRA. The rule will be designed to ensure that mining operations or

reclamation projects where CCBs are placed incorporate adequate

protections to safeguard the public and the environment. The proposed

regulations will be based upon existing SMCRA authorities. Our decision

to initiate rulemaking is the result of a study conducted by the

National Research Council of the National Academies of Science, which

recommended the establishment of enforceable Federal standards for the

placement of CCBs on mine sites.

U.S. Fish and Wildlife Service

The mission of the U.S. Fish and Wildlife Service (FWS) is to work with

others to conserve, protect, and enhance fish, wildlife, and plants and

their habitats for the continuing benefit of the American people. FWS

also helps ensure a healthy environment for people by providing

opportunities for Americans to enjoy the outdoors and our shared

natural heritage.

FWS fulfills its responsibilities through a diverse array of

programs that:

Protect and recover threatened and endangered species;

Monitor and manage migratory birds;

Restore native aquatic populations and nationally significant

fisheries;

Enforce Federal wildlife laws and regulate international

trade;

Conserve and restore wildlife habitat such as wetlands;

Help foreign governments conserve wildlife through

international conservation efforts;

Distribute Federal funds to States, territories, and tribes

for fish and wildlife conservation projects; and

Manage the 96-million-acre National Wildlife Refuge System,

which protects and conserves fish and wildlife and their

habitats and allows the public to engage in outdoor

recreational activities.

Critical challenges to the work of FWS include: Global climate change;

shortages of clean water suitable for wildlife; invasive species that

are harmful to our fish, wildlife, and plant resources and their

habitats; and the alienation of children and adults from the natural

world. To address these challenges, FWS has identified six priorities:

National Wildlife Refuge System--conserving our lands and

resources;

Landscape conservation--working with others;

Migratory birds--conservation and management;

Threatened and endangered species--achieving recovery and

preventing extinction;

Connection between people and nature--ensuring the future of

conservation; and

Aquatic species--the National Fish Habitat Action Plan (a plan

that brings public and private partners together to restore

U.S. waterways to sustainable health) and trust species.

To carry out these priorities, FWS has a large regulatory agenda. FWS

programs will conduct rulemaking to, among other things:

List, delist, and reclassify species on the List of Threatened

and Endangered Species and designate critical habitat for

certain listed species;

Update our regulations to carry out the Convention on

International Trade in Wild Fauna and Flora;

Manage migratory bird populations;

Administer the subsistence program for harvesting fish and

wildlife in Alaska;

Update our regulations to carry out the Wildlife and Sport

Fish Restoration Program; and

Publish hunting and sport fishing regulations for the National

Wildlife Refuge System.

National Park Service

NPS currently administers Commercial Use Authorizations (CUAs) under an

interim policy, but needs a regulation to standardize fees; allow cost

recovery by NPS where appropriate; ensure clear and consistent criteria

for issuance of CUAs; and, where necessary, allow parks to limit and

set conditions for limiting the number of authorizations issued. The

regulation will also allow better enforcement of permit conditions,

which promotes protection of park resources and public safety. NPS

expects to publish the proposed rule in December 2009.

In November 2006 the National Park Service completed a nearly 10-year

public process to develop a management plan for the Colorado River in

Grand Canyon National Park. The Service is now implementing the plan by

developing regulations that: implement permit requirements for

commercial river trips below a specified location in the canyon; update

visitor use restrictions and camping closures; and eliminate

unnecessary provisions in the current regulation. The proposed rule was

published in the Federal Register on July 13, 2009, and the public

comment period ended on September 11, 2009.

The National Park Service is working with the Bureau of Land Management

and the Fish and Wildlife Service to finalize rules implementing Public

Law 106-206, which directs the Secretary to establish a reasonable fee

system (location fees) for commercial filming and still photography

activities on public lands. Although commercial filming and still

photography are generally allowed on Federal lands, it is in the

public's interest to manage these activities through a permitting

process. This will minimize the possibility of damage to the cultural

or natural resources or interference with other visitors to the area.

This regulation would standardize the collection of location fees by

DOI agencies.

Bureau of Reclamation

The Bureau of Reclamation's mission is to manage, develop, and protect

water and related resources in an environmentally and economically

sound manner in the interest of the American public. To accomplish this

mission, we apply management, engineering, and science to achieve

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effective and environmentally sensitive solutions.

Reclamation projects provide: Irrigation water service, municipal and

industrial water supply, hydroelectric power generation, water quality

improvement, groundwater management, fish and wildlife enhancement,

outdoor recreation, flood control, navigation, river regulation and

control, system optimization, and related uses. We have increased

security at our facilities and implemented our law enforcement

authorization received in November 2001.

Our regulatory program focus in fiscal year 2010 is to ensure that our

mission and laws that require regulatory actions are carried out

expeditiously, efficiently, and with an emphasis on cooperative problem

solving by implementing two newly authorized programs:

Title I of Public Law 109-451 authorizes establishment of a

rural water supply program to enable the Bureau of

Reclamation to coordinate with rural communities throughout

the Western United States to identify their potable water

supply needs and evaluate options for meeting those needs.

Under the Act, we are finalizing a rule that will define

how we will identify and work with eligible rural

communities. We published an interim final rule on November

17, 2008, and expect to publish a final rule in 2010.

Title II of Public Law 109-451 authorizes the Secretary of the

Interior, through the Bureau of Reclamation, to issue loan

guarantees to assist in financing: (a) rural water supply

projects, (b) extraordinary maintenance and rehabilitation

of Reclamation project facilities, and (c) improvements to

infrastructure directly related to Reclamation projects.

This new program will provide an additional funding option

to help western communities and water managers to cost

effectively meet their water supply and maintenance needs.

Under the Act, we are working with the Office of Management

and Budget to publish a rule that will establish criteria

for administering the loan guarantee program. We published

a proposed rule on October 6, 2008, and expect to publish a

final rule in 2010.

BILLING CODE 4310-RK-S