Issuance of Two Permits for Incidental Take of a Threatened Species to the Cedar City Corporation and the Paiute Indian Tribe in Iron County, UT, 8009 [E7-2981]

Download as PDF rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Notices criteria of the regulations. The FD finds that this material did not provide any evidence or arguments not already discussed in the PF, and did not merit a change in the evaluation under criterion 83.7(c) that the Mashpee demonstrated political influence from first historical contact to the present. Therefore, the petitioner meets the requirements of criterion 83.7(c). The PF found that the petitioner met the requirements of criterion 83.7(d) by submitting its present governing document: a constitution dated September 28, 2004, which described the group’s membership criteria and the current governing procedures. For the FD, the petitioner submitted a membership enrollment ordinance dated September 21, 2006, which clarifies certain sections of the constitution and provides additional evidence concerning the group’s membership criteria. The FD affirms the PF’s conclusion that the petitioner meets the requirements of criterion 83.7(d). Criterion 83.7(e) requires that the petitioner’s membership consist of individuals who descend from a historical Indian tribe or from historical Indian tribes that combined and functioned as a single autonomous political entity. The PF found that 88 percent of the petitioning group descended from the historical tribe and met the requirement for criterion 83.7(e). The PF advised the petitioner to submit evidence to document descent for the remaining 12 percent and to update its membership list. In response, the MWT submitted a properly certified membership list dated September 13, 2006, naming 1,453 members. The petitioner provided evidence acceptable to the Secretary demonstrating that about 97 percent of its members (1,403 of 1,453) descend from the historical Mashpee tribe as defined by the 1861 Earle Report. About 2 percent (41 members) descend from the two Christiantown Wampanoag Indian families, Peters-DeGrasse and Peters-Palmer, who did not document descent from the historical tribe as defined in the Earle Report, but who are defined as qualifying ancestors in the MWT constitution. One of these families settled in Mashpee shortly after 1861 and became part of the group by the early 1900’s. Descendants of both families became part of Mashpee community socially and politically by the mid-20th century. Nine remaining members (about 1 percent), do not have complete birth records naming parents, but are expected to be able to provide the proper evidence. VerDate Aug<31>2005 14:11 Feb 21, 2007 Jkt 211001 The new evidence for the FD modifies the PF’s conclusions by changing the number of members in the MWT from 1,462 to 1,453 and the percentage of members who have documented descent from the historical tribe from about 88 percent to approximately 97 percent. The evaluation of additional documentation submitted strengthens the conclusion that the Mashpee petitioner meets the requirements of criterion 83.7(e). This FD concludes that the evidence is sufficient to meet the requirements of criterion 83.7(e). Criterion 83.7(f) requires that the membership of the petitioning group be composed principally of persons who are not members of any acknowledged North American Indian tribe. A review of the available documentation for the PF and the FD revealed that the membership is composed principally of persons who are not members of any acknowledged North American Indian tribe. Therefore, the petitioner meets the requirements of criterion 83.7(f). Criterion 83.7(g) requires that neither the petitioner nor its members be the subject of congressional legislation that has expressly terminated or forbidden the Federal relationship. A review of the available documentation for the PF and the FD showed no evidence that the petitioning group was the subject of congressional legislation to terminate or prohibit a Federal relationship as an Indian tribe. Therefore, the petitioner meets the requirements of criterion 83.7(g). A report summarizing the evidence, reasoning, and analyses that are the bases for the FD will be provided to the petitioner and interested parties, and is available to other parties upon written request. After the publication of notice of the FD, the petitioner or any interested party may file a request for reconsideration with the Interior Board of Indian Appeals (IBIA) under the procedures set forth in section 83.11 of the regulations. The IBIA must receive this request no later than 90 days after the publication of the FD in the Federal Register. The FD will become effective as provided in the regulations 90 days from the Federal Register publication unless a request for reconsideration is received within that time. 8009 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Issuance of Two Permits for Incidental Take of a Threatened Species to the Cedar City Corporation and the Paiute Indian Tribe in Iron County, UT AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice; issuance of permit. SUMMARY: This document provides notice that we, the U.S. Fish and Wildlife Service, issued two permits for the incidental take of the Utah prairie dog, a threatened species, on the Cedar Ridge Golf Course and the Paiute Tribal Lands in Iron County, Utah. Documents and other information submitted with the permit application are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, from the U.S. Fish and Wildlife Service, Utah Ecological Services Field Office, Fish and Wildlife Service, 2369 W. Orton Circle, Suite 50, West Valley City, Utah 84119. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Elise Boeke, Fish and Wildlife Biologist, Utah Field Office (see ADDRESSES), telephone (801) 975–3330. On May 15, 2006, we published a notice in the Federal Register (71 FR 28048) announcing that we had received an application from the Cedar City Corporation and the Paiute Indian Tribe (Applicants), for permits to incidentally take, under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), the Utah prairie dog on the Cedar Ridge Golf Course and the Paiute Tribal Lands in Iron County, Utah. On January 5, 2007, we issued permits (TE–125039–0, TE–143347–0) to the Applicants subject to certain conditions, which we listed on the permit. We issued the permits only after we determined that—(1) The Applicants applied in good faith, (2) granting the permits will not be to the disadvantage of the Utah prairie dog, and (3) issuing the permits will be consistent with the purposes and policy set forth in the Act. SUPPLEMENTARY INFORMATION: Authority: The action is authorized by the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: February 15, 2007. James E. Cason, Associate Deputy Secretary. [FR Doc. E7–2966 Filed 2–21–07; 8:45 am] Dated: January 5, 2007. Mike Stempel, Acting Regional Director, Region 6. [FR Doc. E7–2981 Filed 2–21–07; 8:45 am] BILLING CODE 4310–G1–P BILLING CODE 4310–55–P PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\22FEN1.SGM 22FEN1

Agencies

[Federal Register Volume 72, Number 35 (Thursday, February 22, 2007)]
[Notices]
[Page 8009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2981]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Issuance of Two Permits for Incidental Take of a Threatened 
Species to the Cedar City Corporation and the Paiute Indian Tribe in 
Iron County, UT

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice; issuance of permit.

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SUMMARY: This document provides notice that we, the U.S. Fish and 
Wildlife Service, issued two permits for the incidental take of the 
Utah prairie dog, a threatened species, on the Cedar Ridge Golf Course 
and the Paiute Tribal Lands in Iron County, Utah.

ADDRESSES: Documents and other information submitted with the permit 
application are available for review, subject to the requirements of 
the Privacy Act and Freedom of Information Act, from the U.S. Fish and 
Wildlife Service, Utah Ecological Services Field Office, Fish and 
Wildlife Service, 2369 W. Orton Circle, Suite 50, West Valley City, 
Utah 84119.

FOR FURTHER INFORMATION CONTACT: Elise Boeke, Fish and Wildlife 
Biologist, Utah Field Office (see ADDRESSES), telephone (801) 975-3330.

SUPPLEMENTARY INFORMATION: On May 15, 2006, we published a notice in 
the Federal Register (71 FR 28048) announcing that we had received an 
application from the Cedar City Corporation and the Paiute Indian Tribe 
(Applicants), for permits to incidentally take, under section 
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.) (Act), the Utah prairie dog on the Cedar Ridge 
Golf Course and the Paiute Tribal Lands in Iron County, Utah.
    On January 5, 2007, we issued permits (TE-125039-0, TE-143347-0) to 
the Applicants subject to certain conditions, which we listed on the 
permit. We issued the permits only after we determined that--(1) The 
Applicants applied in good faith, (2) granting the permits will not be 
to the disadvantage of the Utah prairie dog, and (3) issuing the 
permits will be consistent with the purposes and policy set forth in 
the Act.

    Authority: The action is authorized by the Endangered Species 
Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: January 5, 2007.
Mike Stempel,
Acting Regional Director, Region 6.
 [FR Doc. E7-2981 Filed 2-21-07; 8:45 am]
BILLING CODE 4310-55-P

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