Proposed Programmatic Safe Harbor Agreement for the Sacramento River Conservation Area Forum in Shasta, Tehama, Butte, Glenn, Colusa, Yolo, and Sutter Counties, CA, 67897-67899 [E9-30207]
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erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
was not limited to the 2009 membership
list.
Evidence identifies 113 historical
individuals associated with the
Shinnecock reservation 1792–1799, but
the petitioner’s members demonstrate
descent from individuals appearing on
or near the reservation after that time. A
few pre-1800 reservation residents
continued to serve as Shinnecock
trustees and petition signers through the
1820s alongside individuals who most
likely include those known to have
married Shinnecock women before
1800, but whose identities are not in the
record. Genealogical evidence
demonstrates that descendants of some
of the 1800–1820s reservation residents
resided on the reservation in 1865.
Additional evidence for the Shinnecock
population 1800–1865 may be
submitted during the comment period to
provide further context.
The Department finds that the
historical Tribe is the Shinnecock
Indian Tribe of the Shinnecock
leasehold in 1789. This historical Indian
Tribe continued to evolve and exist up
to 1865. The earliest record to state
plainly that it is an enumeration of all
residents of the Shinnecock reservation
is in the 1865 New York State census of
Southampton. For purposes of criterion
83.7(e), current members who
demonstrate descent from an Indian on
the 1865 State census of the Shinnecock
reservation are deemed to demonstrate
descent from the historical Shinnecock
Tribe. The petitioner demonstrates such
descent at an acceptable level whether
the analysis considers the current
members only (1,022 of 1,066, or 96
percent), the current and disenrolled
members (1,030 of 1,267, or 81 percent),
or the current, disenrolled, and
potential members (1,178 of 1,436, or 82
percent). The current, disenrolled, and
potential members who lack evidence of
descent for the PF are closely related as
kin to current members with
demonstrated descent from the 1865
reservation residents. The Department
anticipates that they should be able to
locate the documentation necessary to
resolve the few missing generation-togeneration connections.
The Shinnecock petitioner meets the
requirements of criterion 83.7(f). Since
the petition contained evidence of only
four members enrolled in Federally
recognized Tribes, OFA researchers did
not examine any Tribal rolls for the
presence of the petitioner’s members.
Evidence in the record indicates that the
petitioning group is composed
principally of persons who are not
members of any acknowledged North
American Indian Tribes.
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Jkt 220001
The Shinnecock petitioner meets
criterion 83.7(g), because there is no
evidence that Congress has either
terminated or forbidden a Federal
relationship with the petitioner or its
members.
Based on this preliminary factual
determination, the Department proposes
to extend Federal acknowledgment
under 25 CFR Part 83 to the petitioner
known as the Shinnecock Indian
Nation.
As provided by 25 CFR 83.10(h) of the
regulations, a report summarizing the
evidence, reasoning, and analyses that
are the basis for the proposed decision
will be provided to the petitioner and
interested parties, and is available to
other parties upon written request.
Requests for a copy of the report of
evidence should be addressed to the
Federal Government as instructed in the
ADDRESSES section of this notice. It will
be posted on the Department’s Indian
Affairs Web site at https://www.bia.gov.
Consistent with 25 CFR 83.10(l), the
Department will consult with the
petitioner within two weeks of the close
of the response period (or the close of
the comment period if neither the
petitioner nor parties submit comments
or Shinnecock waives its response
period to submissions) to discuss any
issues related to an equitable timeframe
for consideration of all written
arguments and evidence received during
the comment and response periods. The
Department will issue a final
determination (FD) regarding the
petitioner’s status within 60 days of the
date active consideration begins for the
Shinnecock FD.
This PF meets the December 15, 2009,
deadline the petitioner and U.S.
negotiated in a settlement agreement
that the Court approved by order on
May 26, 2009, in Shinnecock v. Salazar,
No. CV–06–5013, 1 (E.D.N.Y.). To the
extent that the schedule for processing
the Shinnecock petition under the
agreement differs from the regulatory
timelines provided by the regulations in
25 CFR Part 83, the settlement
agreement controls. Under the terms of
the settlement agreement, any
individual or organization wishing to
challenge or support the PF may submit
factual or legal arguments and evidence,
to rebut or support the evidence relied
upon, by the date set out in the
ADDRESSES section of this notice.
However, if the Shinnecock petitioner
or an interested party requests
additional time in writing, the
Department will extend the comment
period to the full 180 days that would
otherwise be available under the
regulations at 83.10(i).
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67897
During the comment period, the
Shinnecock petitioner and the
interested parties may request in writing
that the AS–IA hold a formal, on-therecord technical assistance meeting as
provided by the acknowledgment
regulations at § 83.10(j)(2). To
accommodate the shortened comment
period, requests for such a meeting on
the Shinnecock PF must be received by
the Department within 30 calendar days
of the publication of this Federal
Register notice.
The settlement agreement provides
the petitioner 30 days to respond to
comments on the PF submitted by
interested or informed parties. This
reduced response period starts
automatically at the close of the
comment period. The petitioner may
request restoration of the full 60-day
response period, although it must notify
the Department in writing prior to the
close of the response period. If parties
do not submit comments or if the
petitioner submits a written waiver to
the interested and informed party
submissions, the response period will
not apply.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: December 14, 2009.
George T. Skibine,
Acting Principal Deputy, Assistant
Secretary—Indian Affairs.
[FR Doc. E9–30209 Filed 12–18–09; 8:45 am]
BILLING CODE 4310–G1–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2009-XXXXX; 81420–1113–
0000–F3]
Proposed Programmatic Safe Harbor
Agreement for the Sacramento River
Conservation Area Forum in Shasta,
Tehama, Butte, Glenn, Colusa, Yolo,
and Sutter Counties, CA
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; receipt of
application.
SUMMARY: This notice advises the public
that the Sacramento River Conservation
Area Forum (Applicant) has applied to
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67898
Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
the U.S. Fish and Wildlife Service
(Service) for an Enhancement of
Survival Permit under the Endangered
Species Act of 1973, as amended (Act).
The permit application includes a
proposed Safe Harbor Agreement
(Agreement) between the Applicant and
the Service for the Federally threatened
valley elderberry longhorn beetle
(Desmocerus californicus dimorphus)
and the Federally threatened giant garter
snake (Thamnophis gigas) (collectively
referred to as the Covered Species). The
Agreement is available for public
comment.
DATES: To ensure consideration, please
send your written comments by January
20, 2010.
ADDRESSES: Send comments to Ms.
Kathy Brown, via U.S. Mail at U.S. Fish
and Wildlife Service, Sacramento Fish
and Wildlife Office, 2800 Cottage Way,
W–2605, Sacramento, California 95825;
or via facsimile to (916) 414–6713.
FOR FURTHER INFORMATION CONTACT: Ms.
Kathy Brown, Sacramento Fish and
Wildlife Office (see ADDRESSES);
telephone: (916) 414–6600.
SUPPLEMENTARY INFORMATION:
erowe on DSK5CLS3C1PROD with NOTICES
Availability of Documents
You may obtain copies of the
document for review by contacting the
individual named above. You may also
make an appointment to view the
document at the above address during
normal business hours.
Background
Under a Safe Harbor Agreement,
participating landowners voluntarily
undertake management activities on
their property to enhance, restore, or
maintain habitat benefiting species
listed under the Act (16 U.S.C. 1531 et
seq.). Safe Harbor Agreements, and the
subsequent Enhancement of Survival
Permits that are issued pursuant to
Section 10(a)(1)(A) of the Act, encourage
private and other non-Federal property
owners to implement conservation
efforts for listed species by assuring
property owners that they will not be
subjected to increased property use
restrictions as a result of their efforts to
attract listed species to their property, or
to increase the numbers or distribution
of listed species already on their
property. Application requirements and
issuance criteria for Enhancement of
Survival Permits through Safe Harbor
Agreements are found in 50 CFR
17.22(c) and 17.32(c). These permits
allow any necessary future incidental
take of covered species above the
mutually agreed upon baseline
conditions for those species in
accordance with the terms and
VerDate Nov<24>2008
14:14 Dec 18, 2009
Jkt 220001
conditions of the permits and
accompanying agreements.
This Agreement was developed by the
Service and the Applicant. The
Sacramento River Conservation Area
Forum is a non-profit organization that
evolved from 1986 State of California
legislation (SB1086). The legislation
called for a management plan to protect,
restore and enhance the fisheries and
riparian habitat along the Sacramento
River from Keswick Dam down river to
Verona, California. This effort is
cooperative in nature and works to
ensure that habitat restoration and
management addresses not only the
dynamics of riparian ecosystems, but
also the realities of local agricultural
and recreational issues associated with
land use changes occurring along the
Sacramento River.
The Agreement is expected to
promote the recovery of the Covered
Species on non-Federal properties
within the Sacramento River
Conservation Area within Shasta,
Tehama, Butte, Glenn, Colusa, Yolo, and
Sutter Counties. The proposed duration
of the Agreement and the associated
Enhancement of Survival permit are 30
years. The proposed Enhancement of
Survival permit would authorize the
incidental taking of the Covered Species
associated with: the restoration,
enhancement, and maintenance of
suitable habitat for the Covered Species;
routine activities associated with
agricultural lands management; minor
flood risk management; and the
potential future return of any property
included in the Agreement to baseline
conditions. Under this Agreement,
individual landowners (Cooperators)
may include their properties by entering
into a Cooperative Agreement with the
Applicant. Each Cooperative Agreement
will specify the restoration and/or
enhancement, and management
activities to be carried out on that
specific property and a timetable for
implementing those activities. All
Cooperative Agreements will be
reviewed by the Service to determine
whether the proposed activities will
result in a net conservation benefit for
the Covered Species and meet all
required standards of the Safe Harbor
Policy (64 FR 32717). Upon Service
approval, the Applicant will issue a
Certificate of Inclusion to the
Cooperator. Each Certificate of Inclusion
will extend the incidental take coverage
conferred by the Enhancement of
Survival permit to the Cooperator.
Certificates of Inclusion will be valid for
a period of 10 years and are renewable
during the 30-year term of the
Enhancement of Survival permit.
Specific determinations for which
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Sfmt 4703
species will be covered under each
Cooperative Agreement will be
determined by the Service on a case by
case basis and will depend on the type
of habitat present and the restoration
and/or enhancement activities that will
be implemented by the Cooperator.
Baseline levels for the Covered
Species will be determined by
completing the Baseline Habitat
Worksheet (Attachment 4 of the
Agreement), which will be completed
by a person approved by the Service.
The Service will review each baseline
determination prior to the Applicant
issuing a Certificate of Inclusion to the
Cooperator. The Agreement also
contains a monitoring component that
requires the Applicant to ensure that the
Cooperators are in compliance with the
terms and conditions of the Agreement
and maintaining baseline levels of
habitat for the Covered Species. Results
of these monitoring efforts will be
provided to the Service by the
Applicant in an annual report.
Upon approval of this Agreement, and
consistent with the Service’s Safe
Harbor Policy (64 FR 32717), the Service
would issue an Enhancement of
Survival permit to the Applicant. This
permit will authorize Cooperators
issued a Certificate of Inclusion take of
the Covered Species incidental to the
implementation of the management
activities specified in the Agreement,
incidental to other lawful uses of the
property including normal, routine land
management activities, and to return to
baseline conditions if desired. An
applicant would receive assurances
under our ‘‘No Surprises’’ regulations
(50 CFR 17.22(c)(5) and 17.32(c)(5)) for
all species included in the Enhancement
of Survival permit. In addition to
meeting other criteria, actions to be
performed under an Enhancement of
Survival permit must not jeopardize the
existence of Federally listed fish,
wildlife, or plants.
Public Review and Comments
The Service has made a preliminary
determination that the proposed
Agreement and permit application are
eligible for categorical exclusion under
the National Environmental Policy Act
of 1969 (NEPA). We explain the basis
for this determination in an
Environmental Action Statement that is
also available for public review.
Individuals wishing copies of the
Environmental Action Statement, and/
or copies of the full text of the
Agreement, including a map of the
proposed permit area, should contact
the office and personnel listed in the
ADDRESSES section above.
E:\FR\FM\21DEN1.SGM
21DEN1
Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
The Service will evaluate this permit
application, associated documents, and
comments submitted thereon to
determine whether the permit
application meets the requirements of
section 10(a) of the Act and NEPA
regulations. If the Service determines
that the requirements are met, we will
sign the proposed Agreement and issue
an enhancement of survival permit
under section 10(a)(1)(A) of the Act to
the Applicant for take of the Covered
Species incidental to otherwise lawful
activities in accordance with the terms
of the Agreement. The Service will not
make our final decision until after the
end of the 30-day comment period and
will fully consider all comments
received during the comment period.
The Service provides this notice
pursuant to section 10(c) of the Act and
pursuant to implementing regulations
for NEPA (40 CFR 1506.6).
Dated: December 14, 2009.
Susan K. Moore,
Field Supervisor, Sacramento Fish and
Wildlife Office, Sacramento, California.
[FR Doc. E9–30207 Filed 12–18–09; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF JUSTICE
erowe on DSK5CLS3C1PROD with NOTICES
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation and Liability Act
Notice is hereby given that on
December 15, 2009, a proposed Consent
Decree (the ‘‘Decree’’) in United States
v. Littlestown Foundry, Inc., Civil
Action No. 1:08-cv-00314, was lodged
with the United States District Court for
the District of New Jersey.
In a complaint, filed on April 24,
2008, the United States alleged that
Littlestown Foundry, Inc., was liable
pursuant to Section 107(a)(3) of the
Comprehensive Environmental
Response, Compensation and Liability
Act (‘‘CERCLA’’), 42 U.S.C. 9607(a)(3),
for response costs incurred by the
Environmental Protection Agency
(‘‘EPA’’) in cleaning up the Pioneer
Smelting Superfund Site located at
VerDate Nov<24>2008
14:14 Dec 18, 2009
Jkt 220001
Factory Road, Route 532, in Chatsworth,
New Jersey.
Pursuant to the Decree, Littlestown
Foundry, Inc., will be responsible for
paying the United States $200,000 to
resolve any claim the United States has
associated with costs incurred by EPA at
the Pioneer Smelting Superfund Site.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Littlestown Foundry, Inc., D.J.
Ref. 90–11–2–09344.
During the public comment period,
the Decree may be examined on the
following Department of Justice Web
site, https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Decree may also be obtained by mail
from the Consent Decree Library, P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611 or by
faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $7.75 (25 cents per
page reproduction cost) payable to the
U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address.
Maureen Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E9–30193 Filed 12–18–09; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
[OMB Number 1140–0043]
Agency Information Collection
Activities: Proposed Collection;
Comments Requested
ACTION: 30-Day Notice of Information
Collection Under Review: National
Tracing Center Trace Request.
The Department of Justice (DOJ),
Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF) will be submitting
the following information collection
PO 00000
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Fmt 4703
Sfmt 4703
67899
request to the Office of Management and
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act of 1995. The proposed
information collection is published to
obtain comments from the public and
affected agencies. This proposed
information collection was previously
published in the Federal Register
Volume 74, Number 200, page 53520 on
October 19, 2009, allowing for a 60 day
comment period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until January 20, 2010. This
process is conducted in accordance with
5 CFR 1320.10.
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden and associated response time,
should be directed to The Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention Department of Justice Desk
Officer, Washington, DC 20503.
Additionally, comments may be
submitted to OMB via facsimile to (202)
395–5806.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agencies
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) Title of the Form/Collection:
National Tracing Center Trace Request.
(3) Agency form number, if any, and
the applicable component of the
Department of Justice sponsoring the
E:\FR\FM\21DEN1.SGM
21DEN1
]]>Agencies
[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Pages 67897-67899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30207]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2009-XXXXX; 81420-1113-0000-F3]
Proposed Programmatic Safe Harbor Agreement for the Sacramento
River Conservation Area Forum in Shasta, Tehama, Butte, Glenn, Colusa,
Yolo, and Sutter Counties, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of application.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public that the Sacramento River
Conservation Area Forum (Applicant) has applied to
[[Page 67898]]
the U.S. Fish and Wildlife Service (Service) for an Enhancement of
Survival Permit under the Endangered Species Act of 1973, as amended
(Act). The permit application includes a proposed Safe Harbor Agreement
(Agreement) between the Applicant and the Service for the Federally
threatened valley elderberry longhorn beetle (Desmocerus californicus
dimorphus) and the Federally threatened giant garter snake (Thamnophis
gigas) (collectively referred to as the Covered Species). The Agreement
is available for public comment.
DATES: To ensure consideration, please send your written comments by
January 20, 2010.
ADDRESSES: Send comments to Ms. Kathy Brown, via U.S. Mail at U.S. Fish
and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage
Way, W-2605, Sacramento, California 95825; or via facsimile to (916)
414-6713.
FOR FURTHER INFORMATION CONTACT: Ms. Kathy Brown, Sacramento Fish and
Wildlife Office (see ADDRESSES); telephone: (916) 414-6600.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may obtain copies of the document for review by contacting the
individual named above. You may also make an appointment to view the
document at the above address during normal business hours.
Background
Under a Safe Harbor Agreement, participating landowners voluntarily
undertake management activities on their property to enhance, restore,
or maintain habitat benefiting species listed under the Act (16 U.S.C.
1531 et seq.). Safe Harbor Agreements, and the subsequent Enhancement
of Survival Permits that are issued pursuant to Section 10(a)(1)(A) of
the Act, encourage private and other non-Federal property owners to
implement conservation efforts for listed species by assuring property
owners that they will not be subjected to increased property use
restrictions as a result of their efforts to attract listed species to
their property, or to increase the numbers or distribution of listed
species already on their property. Application requirements and
issuance criteria for Enhancement of Survival Permits through Safe
Harbor Agreements are found in 50 CFR 17.22(c) and 17.32(c). These
permits allow any necessary future incidental take of covered species
above the mutually agreed upon baseline conditions for those species in
accordance with the terms and conditions of the permits and
accompanying agreements.
This Agreement was developed by the Service and the Applicant. The
Sacramento River Conservation Area Forum is a non-profit organization
that evolved from 1986 State of California legislation (SB1086). The
legislation called for a management plan to protect, restore and
enhance the fisheries and riparian habitat along the Sacramento River
from Keswick Dam down river to Verona, California. This effort is
cooperative in nature and works to ensure that habitat restoration and
management addresses not only the dynamics of riparian ecosystems, but
also the realities of local agricultural and recreational issues
associated with land use changes occurring along the Sacramento River.
The Agreement is expected to promote the recovery of the Covered
Species on non-Federal properties within the Sacramento River
Conservation Area within Shasta, Tehama, Butte, Glenn, Colusa, Yolo,
and Sutter Counties. The proposed duration of the Agreement and the
associated Enhancement of Survival permit are 30 years. The proposed
Enhancement of Survival permit would authorize the incidental taking of
the Covered Species associated with: the restoration, enhancement, and
maintenance of suitable habitat for the Covered Species; routine
activities associated with agricultural lands management; minor flood
risk management; and the potential future return of any property
included in the Agreement to baseline conditions. Under this Agreement,
individual landowners (Cooperators) may include their properties by
entering into a Cooperative Agreement with the Applicant. Each
Cooperative Agreement will specify the restoration and/or enhancement,
and management activities to be carried out on that specific property
and a timetable for implementing those activities. All Cooperative
Agreements will be reviewed by the Service to determine whether the
proposed activities will result in a net conservation benefit for the
Covered Species and meet all required standards of the Safe Harbor
Policy (64 FR 32717). Upon Service approval, the Applicant will issue a
Certificate of Inclusion to the Cooperator. Each Certificate of
Inclusion will extend the incidental take coverage conferred by the
Enhancement of Survival permit to the Cooperator. Certificates of
Inclusion will be valid for a period of 10 years and are renewable
during the 30-year term of the Enhancement of Survival permit. Specific
determinations for which species will be covered under each Cooperative
Agreement will be determined by the Service on a case by case basis and
will depend on the type of habitat present and the restoration and/or
enhancement activities that will be implemented by the Cooperator.
Baseline levels for the Covered Species will be determined by
completing the Baseline Habitat Worksheet (Attachment 4 of the
Agreement), which will be completed by a person approved by the
Service. The Service will review each baseline determination prior to
the Applicant issuing a Certificate of Inclusion to the Cooperator. The
Agreement also contains a monitoring component that requires the
Applicant to ensure that the Cooperators are in compliance with the
terms and conditions of the Agreement and maintaining baseline levels
of habitat for the Covered Species. Results of these monitoring efforts
will be provided to the Service by the Applicant in an annual report.
Upon approval of this Agreement, and consistent with the Service's
Safe Harbor Policy (64 FR 32717), the Service would issue an
Enhancement of Survival permit to the Applicant. This permit will
authorize Cooperators issued a Certificate of Inclusion take of the
Covered Species incidental to the implementation of the management
activities specified in the Agreement, incidental to other lawful uses
of the property including normal, routine land management activities,
and to return to baseline conditions if desired. An applicant would
receive assurances under our ``No Surprises'' regulations (50 CFR
17.22(c)(5) and 17.32(c)(5)) for all species included in the
Enhancement of Survival permit. In addition to meeting other criteria,
actions to be performed under an Enhancement of Survival permit must
not jeopardize the existence of Federally listed fish, wildlife, or
plants.
Public Review and Comments
The Service has made a preliminary determination that the proposed
Agreement and permit application are eligible for categorical exclusion
under the National Environmental Policy Act of 1969 (NEPA). We explain
the basis for this determination in an Environmental Action Statement
that is also available for public review.
Individuals wishing copies of the Environmental Action Statement,
and/or copies of the full text of the Agreement, including a map of the
proposed permit area, should contact the office and personnel listed in
the ADDRESSES section above.
[[Page 67899]]
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
The Service will evaluate this permit application, associated
documents, and comments submitted thereon to determine whether the
permit application meets the requirements of section 10(a) of the Act
and NEPA regulations. If the Service determines that the requirements
are met, we will sign the proposed Agreement and issue an enhancement
of survival permit under section 10(a)(1)(A) of the Act to the
Applicant for take of the Covered Species incidental to otherwise
lawful activities in accordance with the terms of the Agreement. The
Service will not make our final decision until after the end of the 30-
day comment period and will fully consider all comments received during
the comment period.
The Service provides this notice pursuant to section 10(c) of the
Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).
Dated: December 14, 2009.
Susan K. Moore,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento,
California.
[FR Doc. E9-30207 Filed 12-18-09; 8:45 am]
BILLING CODE 4310-55-P
