[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.
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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
