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]

Download as PDF 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. VerDate Nov<24>2008 14:14 Dec 18, 2009 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 http://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). PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 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 E:\FR\FM\21DEN1.SGM 21DEN1 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 PO 00000 Frm 00049 Fmt 4703 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, http://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 Frm 00050 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]


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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