80_FR_29118 80 FR 29021 - Notice of Availability of the Record of Decision for the West Eugene Wetlands in Oregon and Approved Resource Management Plan

80 FR 29021 - Notice of Availability of the Record of Decision for the West Eugene Wetlands in Oregon and Approved Resource Management Plan

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 80, Issue 97 (May 20, 2015)

Page Range29021-29022
FR Document2015-12187

The Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) for the Approved Resource Management Plan (RMP) for the West Eugene Wetlands planning area located in western Oregon. The Oregon/Washington State Director signed the ROD on April 17, 2015, which constitutes the final decision of the BLM and makes the Approved RMP effective immediately.

Federal Register, Volume 80 Issue 97 (Wednesday, May 20, 2015)
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 29021-29022]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12187]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLORE00000.L63500000.DR0000.LXSS021H0000.15XL1116AF HAG 15-0077]


Notice of Availability of the Record of Decision for the West 
Eugene Wetlands in Oregon and Approved Resource Management Plan

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) announces the availability 
of the Record of Decision (ROD) for the Approved Resource Management 
Plan (RMP) for the West Eugene Wetlands planning area located in 
western Oregon. The Oregon/Washington State Director signed the ROD on 
April 17, 2015, which constitutes the final decision of the BLM and 
makes the Approved RMP effective immediately.

ADDRESSES: Copies of the ROD/Approved RMP are available upon request 
from the Eugene District Manager, Bureau of Land Management, 3106 
Pierce Parkway, Suite E, Springfield, OR 97477, or via the internet at: 
http://www.blm.gov/or/districts/eugene/plans/eugenermp.php. Copies of 
the ROD/Approved RMP are available for public inspection at the above-
listed address.

FOR FURTHER INFORMATION CONTACT: Panchita Paulete, Planning and 
Environmental Coordinator, telephone 541-683-6976; address 3106 Pierce 
Parkway, Suite E; Springfield, OR 97477; email BLM_OR_EU_Mail@blm.gov. 
Persons who use a telecommunications device for the deaf (TDD) may call 
the Federal Information Relay Service (FIRS) at 1-800-877-8339 to 
contact the above individual during normal business hours. The FIRS is 
available 24 hours a day, 7 days a week, to leave a message or question 
with the above individual. You will receive a reply during normal 
business hours.

SUPPLEMENTARY INFORMATION: Interaction with the public regarding this 
RMP began in 2011. The BLM worked with three cooperating agencies: the 
US Army Corps of Engineers, the City of Eugene Parks and Open Space 
Division, and The Confederated Tribes of the Grand Ronde. The RMP 
establishes direction for approximately 1,340 acres of BLM-administered 
lands in and near the city of Eugene in Lane County, Oregon; the 
planning area did not previously have an RMP. The planning area is made 
up of acquired lands and survey hiatuses. The Approved RMP describes 
the actions that will meet desired resource conditions for threatened 
and endangered species and habitat management, while providing other 
benefits. The Preferred Alternative, described in the October 2011 
Draft RMP/Draft Environmental Impact Statement (EIS), was modified to 
increase acreage within the Prairie Restoration Area land use 
allocation for threatened and endangered species management, to provide 
increased opportunities for recreation, and to provide for coordinated 
management in traditional use plant collection and was carried forward 
as the Proposed RMP in the Final EIS (November 2014). No protests were 
received on the Proposed RMP/Final EIS.
    The Governor of Oregon was provided a formal, 60-day review period 
to determine if the Proposed RMP/Final EIS was consistent with existing 
state or local plans, programs, and policies. No inconsistencies were 
identified.
    There are two implementation decisions in the Approved RMP which 
are appealable under 43 CFR part 4: (a) designation of travel 
management networks, including identifying the specific roads and 
trails that are available for public use and the limitations on use of 
roads and trails and (b) continued application of the

[[Page 29022]]

Final Supplementary Rules for Public Land within the West Eugene 
Wetlands, Eugene District, Oregon, published in the Federal Register on 
July 28, 2005, and adoption of the application of these rules 
throughout the planning area on BLM-managed lands. Any party adversely 
affected may appeal within 30 days of publication of this Notice of 
Availability. The appeal should state the specific decision(s) being 
appealed. The appeal must be filed with the Eugene District Manager at 
the above-listed address.
    Please consult the appropriate regulations (43 CFR, part 4, subpart 
E) for further appeal requirements.

    Authority:  40 CFR 1506.6, 40 CFR 1506.10, 43 CFR 1610.2.

Kathryn Stangl,
Eugene District Manager.
[FR Doc. 2015-12187 Filed 5-19-15; 8:45 am]
BILLING CODE 4310-33-P



                                                                               Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices                                            29021

                                                  Overview of the Draft Phase IV ERP/EA                   Invitation to Comment                                 available for public inspection at the
                                                     The Draft Phase IV ERP/EA is being                     The Trustees seek public review and                 above-listed address.
                                                  released in accordance with the Oil                     comment on the 10 proposed early                      FOR FURTHER INFORMATION CONTACT:
                                                  Pollution Act (OPA), the Natural                        restoration project and supporting                    Panchita Paulete, Planning and
                                                  Resources Damage Assessment (NRDA)                      analysis included in the Draft Phase IV               Environmental Coordinator, telephone
                                                  regulations found in the Code of Federal                ERP/EA. Before including your address,                541–683–6976; address 3106 Pierce
                                                  Regulations (CFR) at 15 CFR 990, the                    phone number, email address, or other                 Parkway, Suite E; Springfield, OR
                                                  National Environmental Policy Act (42                   personal identifying information in your              97477; email BLM_OR_EU_Mail@
                                                  U.S.C. 4321 et seq.), and the Framework                 comment, you should be aware that                     blm.gov. Persons who use a
                                                  for Early Restoration Addressing                        your entire comment, including your                   telecommunications device for the deaf
                                                  Injuries Resulting from the Deepwater                   personal identifying information, may                 (TDD) may call the Federal Information
                                                  Horizon Oil Spill.                                      be made publicly available at any time.               Relay Service (FIRS) at 1–800–877–8339
                                                     The Trustees are considering 10                                                                            to contact the above individual during
                                                                                                          Administrative Record                                 normal business hours. The FIRS is
                                                  projects in the Draft Phase IV ERP/EA.
                                                  The total estimated cost for proposed                     The documents comprising the                        available 24 hours a day, 7 days a week,
                                                  Phase IV projects is approximately $134                 Administrative Record can be viewed                   to leave a message or question with the
                                                  million. Details on the proposed                        electronically at the following location:             above individual. You will receive a
                                                  projects are provided in the Draft Phase                http://www.doi.gov/deepwaterhorizon.                  reply during normal business hours.
                                                  IV ERP/EA. The Draft Phase IV ERP/EA                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                          Authority
                                                  also includes a notice of change and                                                                          Interaction with the public regarding
                                                  supporting analysis for one Phase III                     The authority of this action is the Oil             this RMP began in 2011. The BLM
                                                  Early Restoration Project,                              Pollution Act of 1990 (33 U.S.C. 2701 et              worked with three cooperating agencies:
                                                  ‘‘Enhancement of Franklin County Parks                  seq.) and the implementing Natural                    the US Army Corps of Engineers, the
                                                  and Boat Ramps—Eastpoint Fishing Pier                   Resource Damage Assessment                            City of Eugene Parks and Open Space
                                                  Improvements.’’                                         regulations found at 15 CFR 990.                      Division, and The Confederated Tribes
                                                     The proposed restoration projects are                Cynthia K. Dohner,
                                                                                                                                                                of the Grand Ronde. The RMP
                                                  intended to continue the process of                                                                           establishes direction for approximately
                                                                                                          DOI Authorized Official.
                                                  using early restoration funding to                                                                            1,340 acres of BLM-administered lands
                                                                                                          [FR Doc. 2015–11945 Filed 5–19–15; 8:45 am]
                                                  restore natural resources, ecological                                                                         in and near the city of Eugene in Lane
                                                                                                          BILLING CODE 4310–55–P                                County, Oregon; the planning area did
                                                  services, and recreational use services
                                                  injured or lost as a result of the                                                                            not previously have an RMP. The
                                                  Deepwater Horizon oil spill. The                                                                              planning area is made up of acquired
                                                                                                          DEPARTMENT OF THE INTERIOR
                                                  Trustees considered hundreds of                                                                               lands and survey hiatuses. The
                                                  projects leading to the identification of               Bureau of Land Management                             Approved RMP describes the actions
                                                  these 10 projects and considered both                                                                         that will meet desired resource
                                                  ecological and recreational use                                                                               conditions for threatened and
                                                                                                          [LLORE00000.L63500000.DR0000.
                                                  restoration projects to restore injuries                LXSS021H0000.15XL1116AF HAG 15–0077]                  endangered species and habitat
                                                  caused by the Deepwater Horizon oil                                                                           management, while providing other
                                                  spill, addressing both the physical and                 Notice of Availability of the Record of               benefits. The Preferred Alternative,
                                                  biological environment, as well as the                  Decision for the West Eugene                          described in the October 2011 Draft
                                                  relationship people have with the                       Wetlands in Oregon and Approved                       RMP/Draft Environmental Impact
                                                  environment.                                            Resource Management Plan                              Statement (EIS), was modified to
                                                     Early restoration actions are not                                                                          increase acreage within the Prairie
                                                  intended to provide the full extent of                  AGENCY:   Bureau of Land Management,                  Restoration Area land use allocation for
                                                  restoration needed to make the public                   Interior.                                             threatened and endangered species
                                                  and the environment whole. The                          ACTION: Notice of availability.                       management, to provide increased
                                                  Trustees anticipate that additional early                                                                     opportunities for recreation, and to
                                                  restoration projects will be proposed in                SUMMARY:   The Bureau of Land                         provide for coordinated management in
                                                  the future as the early restoration                     Management (BLM) announces the                        traditional use plant collection and was
                                                  process continues.                                      availability of the Record of Decision                carried forward as the Proposed RMP in
                                                                                                          (ROD) for the Approved Resource                       the Final EIS (November 2014). No
                                                  Next Steps                                              Management Plan (RMP) for the West                    protests were received on the Proposed
                                                    As described above, public meetings                   Eugene Wetlands planning area located                 RMP/Final EIS.
                                                  are scheduled to facilitate the public                  in western Oregon. The Oregon/                           The Governor of Oregon was provided
                                                  review and comment process. After the                   Washington State Director signed the                  a formal, 60-day review period to
                                                  public comment period ends, the                         ROD on April 17, 2015, which                          determine if the Proposed RMP/Final
                                                  Trustees will consider and address the                  constitutes the final decision of the BLM             EIS was consistent with existing state or
                                                  comments received before issuing a                      and makes the Approved RMP effective                  local plans, programs, and policies. No
                                                  Final Phase IV Early Restoration Plan                   immediately.                                          inconsistencies were identified.
                                                  and Environmental Assessments (Final                    ADDRESSES: Copies of the ROD/                            There are two implementation
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Phase IV ERP/EA). After issuing a Final                 Approved RMP are available upon                       decisions in the Approved RMP which
                                                  Phase IV ERP/EA, the Trustees will file                 request from the Eugene District                      are appealable under 43 CFR part 4: (a)
                                                  negotiated stipulations for approved                    Manager, Bureau of Land Management,                   designation of travel management
                                                  projects with the court. Approved                       3106 Pierce Parkway, Suite E,                         networks, including identifying the
                                                  projects will then proceed to                           Springfield, OR 97477, or via the                     specific roads and trails that are
                                                  implementation, pending compliance                      internet at: http://www.blm.gov/or/                   available for public use and the
                                                  with all applicable State and Federal                   districts/eugene/plans/eugenermp.php.                 limitations on use of roads and trails
                                                  laws.                                                   Copies of the ROD/Approved RMP are                    and (b) continued application of the


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                                                  29022                        Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices

                                                  Final Supplementary Rules for Public                    This plat, in 3 sheets, representing the              filled controlled substance prescriptions
                                                  Land within the West Eugene Wetlands,                   dependent resurvey of a portion of the                to a patient’s prescribing physician
                                                  Eugene District, Oregon, published in                   south and west boundaries, a survey of                rather than directly to the patient,
                                                  the Federal Register on July 28, 2005,                  a portion of the subdivisional lines and              violates federal law. See generally R.D.;
                                                  and adoption of the application of these                metes-and-bounds surveys of certain                   see also Mot. for Summ. Disp., at 5–6.
                                                  rules throughout the planning area on                   boundary lines in sections 28, 29, 30                 The Government takes exception to the
                                                  BLM-managed lands. Any party                            and 31, Township 13 North, Range 27                   ALJ’s failure to address the issue,1
                                                  adversely affected may appeal within 30                 East, Mount Diablo Meridian, under                    arguing that the ALJ ‘‘should have also
                                                  days of publication of this Notice of                   Group No. 941, was accepted May 14,                   reached the merits of this case and
                                                  Availability. The appeal should state the               2015. This survey was executed at the                 granted summary disposition to the
                                                  specific decision(s) being appealed. The                request of the Bureau of Land                         Government on the additional basis that
                                                  appeal must be filed with the Eugene                    Management, Carson City District                      Respondent intends to dispense
                                                  District Manager at the above-listed                    Office, Nevada, to facilitate the                     controlled substances to non-ultimate
                                                  address.                                                conveyance of certain public lands to                 users in violation of the [CSA] and its
                                                    Please consult the appropriate                        the Municipality of Yerington, Nevada,                implementing regulations.’’ Gov.
                                                  regulations (43 CFR, part 4, subpart E)                 as authorized in the National Defense                 Exceptions, at 1.
                                                  for further appeal requirements.                        Authorization Act of Fiscal Year 2015                    As support for its contention, the
                                                                                                          (Pub. L. 113–291).                                    Government argues that I should reach
                                                    Authority: 40 CFR 1506.6, 40 CFR
                                                  1506.10, 43 CFR 1610.2.                                    The survey listed above is now the                 the issue because it ‘‘was fully briefed
                                                                                                          basic record for describing the lands for             by the parties,’’ ‘‘there is no dispute as
                                                  Kathryn Stangl,                                         all authorized purposes. These records                to any material fact,’’ and ‘‘the issue is
                                                  Eugene District Manager.                                have been placed in the open files in the             likely to recur with the Respondent’’
                                                  [FR Doc. 2015–12187 Filed 5–19–15; 8:45 am]             BLM Nevada State Office and are                       because its ‘‘owner has stated his intent
                                                  BILLING CODE 4310–33–P                                  available to the public as a matter of                to reapply for a state license and pursue
                                                                                                          information. Copies of the survey and                 opening the pharmacy.’’ Id. at 2. Finally,
                                                                                                          related field notes may be furnished to               the Government argues that ‘‘requiring
                                                  DEPARTMENT OF THE INTERIOR                              the public upon payment of the                        the parties to revisit this issue as part of
                                                                                                          appropriate fees.                                     a future case would be a waste of
                                                  Bureau of Land Management                                                                                     resources, given that this issue has been
                                                                                                            Dated: May 14, 2015.
                                                  [LLNV952000                                                                                                   briefed and is now ripe for disposition.’’
                                                                                                          Michael O. Harmening,                                 Id.
                                                  L14400000.BJ0000.LXSSF2210000.241A;
                                                  13–08807; MO #4500079470; TAS: 15X1109]                 Chief Cadastral Surveyor, Nevada.                        While Respondent agrees with the
                                                                                                          [FR Doc. 2015–12217 Filed 5–19–15; 8:45 am]           Government,2 I reject the parties’
                                                  Filing of Plats of Survey; NV                           BILLING CODE 4310–HC–P
                                                                                                                                                                   1 Following the issuance of the Recommended
                                                  AGENCY:    Bureau of Land Management,                                                                         Decision, Respondent’s counsel filed a pleading
                                                  Interior.                                                                                                     entitled: ‘‘Notice of Appeal.’’ Therein, Respondent
                                                                                                          DEPARTMENT OF JUSTICE                                 requests that the record be prepared and forwarded
                                                  ACTION:  Notice.                                                                                              ‘‘to the appropriate Appeals Court.’’ Notice of
                                                  SUMMARY:    The purpose of this notice is               Drug Enforcement Administration                       Appeal, at 1. Respondent did not, however, file
                                                                                                                                                                exceptions to the ALJ’s decision as provided for in
                                                  to inform the public and interested State               [Docket No. 14–25]                                    the Agency’s regulations. See 21 CFR 1316.66. As
                                                  and local government officials of the                                                                         for its ‘‘Notice of Appeal,’’ the ALJ’s Recommended
                                                  filing of Plats of Survey in Nevada.                    The Main Pharmacy; Decision and                       Decision is not a final decision of the Agency and
                                                                                                                                                                thus, the filing of the record in ‘‘the appropriate’’
                                                  DATES: Effective Dates: Unless otherwise                Order                                                 court, whatever that maybe, is premature. In the
                                                  stated filing is effective at 10:00 a.m. on                On October 7, 2014, Administrative                 event Respondent files a Petition for Review of this
                                                  the dates indicated below.                                                                                    Decision and Order, which is the final decision of
                                                                                                          Law Judge (ALJ) Christopher B. McNeil                 the Agency, the Agency will comply with Rule 17
                                                  FOR FURTHER INFORMATION CONTACT:                        issued the attached Recommended                       of the Federal Rules of Appellate Procedure.
                                                  Michael O. Harmening, Chief, Branch of                  Decision (hereinafter, R.D.). Therein, the               2 Respondent asserts that the issue of its proposed

                                                  Geographic Sciences, Bureau of Land                     ALJ found it undisputed that                          business model is ripe for review because ‘‘[e]very
                                                  Management, Nevada State Office, 1340                                                                         time [it] applies for a State license all [the
                                                                                                          Respondent no longer holds a Texas                    Government] has to do is to sit on the application
                                                  Financial Blvd., Reno, NV 89502–7147,                   Pharmacy License and is thus not                      for a period of six months or more and Respondent
                                                  phone: 775–861–6490. Persons who use                    authorized to dispense controlled                     will have to close [the] Pharmacy. [The
                                                  a telecommunications device for the                     substances in the State in which it seeks             Government] can then assert that Respondent has
                                                  deaf (TDD) may call the Federal                                                                               no State license and should be barred from going
                                                                                                          registration under the Controlled                     forward and hence evade review.’’ Resp. Answer to
                                                  Information Relay Service (FIRS) at                     Substances Act (CSA). R.D. at 6. The                  Movant’s Mot. for Summ. Disp., at 3.
                                                  1–800–877–8339 to contact the above                     ALJ thus concluded that Respondent is                    Respondent’s position apparently stems from the
                                                  individual during normal business                       not a ‘‘practitioner’’ within the meaning             Texas Pharmacy Act and a regulation of the Texas
                                                  hours. The FIRS is available 24 hours a                                                                       Board of Pharmacy which authorize disciplinary
                                                                                                          of the CSA and is therefore not entitled              action against the holder of a pharmacy license if
                                                  day, 7 days a week, to leave a message                  to be registered. R.D. at 7 (citing 21                the Board finds that the holder has ‘‘failed to engage
                                                  or question with the above individual.                  U.S.C. 802(21) & 823(f)). Accordingly,                in or ceased to engage in the business described in
                                                  You will receive a reply during normal                  the ALJ granted the Government’s                      the application for a license.’’ Tex. Occ. Code
                                                  business hours.                                                                                               § 565.002(7); see also 22 Tex. Admin. Code
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          Motion for Summary Disposition and                    § 291.11(a)(1) (‘‘ ‘Failure to engage in the business
                                                  SUPPLEMENTARY INFORMATION:                              recommended that I deny its                           described in the application for a license’ means the
                                                     1. The Plat of Survey of the following               application.                                          holder of a pharmacy license has not commenced
                                                  described lands will be officially filed at                The ALJ did not, however, address the              operating the pharmacy within six months of the
                                                  the Bureau of Land Management (BLM)                     Government’s further contention that it               date of issuance of the license.’’).
                                                                                                                                                                   However, Respondent does not explain why it
                                                  Nevada State Office, Reno, Nevada on                    was also entitled to summary                          could not have opened for business and dispensed
                                                  the first business day after thirty (30)                disposition because Respondent’s                      non-controlled drugs while it challenged the denial
                                                  days from the publication of this notice:               proposed business model of shipping                   of its application.



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Document Created: 2018-02-21 10:29:28
Document Modified: 2018-02-21 10:29:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
ContactPanchita Paulete, Planning and
FR Citation80 FR 29021 

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