Phase I Negative Proposed Finding on the Fernandeño Tataviam Band of Mission Indians, 36415-36416 [2020-12775]
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Federal Register / Vol. 85, No. 116 / Tuesday, June 16, 2020 / Notices
of the application for an ITP under
section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.). The Service
prepared a draft CatEx in accordance
with the National Environmental Policy
Act of 1969 (NEPA; 42 U.S.C. 4321 et
seq.) to evaluate the potential effects to
the natural and human environment
resulting from issuing an ITP to the
applicant. We invite public comment on
these documents.
lotter on DSK30NT082PROD with NOTICES
Background
The Service listed the Smith’s blue
butterfly as endangered in 1976 (41 FR
22041). Section 9 of the ESA prohibits
take of fish and wildlife species listed
as endangered (16 U.S.C. 1538). Under
the ESA, ‘‘take’’ is defined to include
the following activities: ‘‘to harass,
harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect, or to attempt to
engage in any such conduct’’ (16 U.S.C.
1532). Under section 10(a)(1)(B) of the
ESA (16 U.S.C. 1539(a)(1)(B)), we may
issue permits to authorize take of listed
fish and wildlife species that is
incidental to, and not the purpose of,
carrying out an otherwise lawful
activity. Regulations governing
incidental take permits for endangered
species are in the Code of Federal
Regulations (CFR) at 50 CFR 17.22.
Issuance of an ITP also must not
jeopardize the existence of federally
listed fish, wildlife, or plant species,
pursuant to section 7 of the ESA and 50
CFR 402.02. The permittee would
receive assurances under our ‘‘No
Surprises’’ regulations (50 CFR
17.22(b)(5)).
Proposed Activities
The applicant has applied for a permit
for incidental take of the Smith’s blue
butterfly. The take would occur in
association with the repair of a concrete
slab under two 40,000-gallon water
tanks, stabilization of a failing vegetated
slope, and revegetation and restoration
of the slope and staging area on
approximately 1.1 acres. The HCP
includes avoidance and minimization
measures for the Smith’s blue butterfly
and mitigation for unavoidable loss of
habitat. As mitigation for habitat loss,
the applicant proposes to revegetate the
staging area and stabilize the slope with
native coastal sage scrub seed. The
applicant also proposes to conduct 5
years of restoration monitoring and
invasive species control throughout the
revegetated areas to improve the quality
of species habitat in the project area.
The Service prepared the draft CatEx
in accordance with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) to
VerDate Sep<11>2014
18:13 Jun 15, 2020
Jkt 250001
evaluate the potential effects to the
natural and human environment
resulting from issuing the ITP under the
plan.
Public Availability of Comments
Before including your address, phone
number, email 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 view, we
cannot guarantee that we will be able to
do so.
Authority
We provide this notice under section
10(c) of the ESA (16 U.S.C. 1531 et seq.)
and its implementing regulations (50
CFR 17.22) and NEPA (42 U.S.C. 4321
et seq.) and its implementing
regulations (40 CFR 1506.6).
Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife
Office, Ventura, California.
[FR Doc. 2020–12928 Filed 6–15–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[201A2100DD/AAKC001030/
A0A501010.999900]
Phase I Negative Proposed Finding on
the Fernanden˜o Tataviam Band of
Mission Indians
Bureau of Indian Affairs,
Interior.
ACTION: Notice of Proposed Finding.
AGENCY:
The Office of Federal
Acknowledgment (OFA) within the
Office of the Assistant Secretary—
Indian Affairs (AS–IA) within the
Department of the Interior (Department)
hereby provides notice that OFA has
issued a Phase I negative Proposed
Finding (PF) in response to the petition
it received from the group known as the
Fernanden˜o Tataviam Band of Mission
Indians (FTB), headquartered in San
Fernando, California. The petitioner
seeks Federal acknowledgment as an
Indian Tribe under the Department’s
regulations. The OFA has found that
FTB meets only three of the four
mandatory criteria reviewed under the
Phase I review, as defined by the
regulations.
DATES: Comments on this Phase I
negative PF are due on or before October
14, 2020.
SUMMARY:
PO 00000
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Sfmt 4703
36415
Please address comments
on the PF to the Department of the
Interior, Office of the Assistant
Secretary—Indian Affairs, Attn: Office
of Federal Acknowledgment, 1849 C
Street NW, MS–4071 MIB, Washington,
DC 20240.
Any individuals or entities that make
submissions to OFA must also provide
copies of their comments and evidence
to the petitioner at Fernanden˜o Band of
Mission Indians c/o Rudy Ortega, Jr.,
1019 Second Street, #1, San Fernando,
California 91340. Electronic copies of
the PF, as well as other related
documents, are available on OFA’s
website (www.bia.gov/as-ia/ofa).
FOR FURTHER INFORMATION CONTACT: R.
Lee Fleming, Director, Office of Federal
Acknowledgment, (202) 513–7650;
lee.fleming@bia.gov.
SUPPLEMENTARY INFORMATION: The OFA
publishes this notice pursuant to § 83.34
of the Department’s Federal
acknowledgment regulations at 25 CFR
part 83 (which became effective July 31,
2015), ‘‘Procedures for Federal
Acknowledgement of Indian Tribes.’’
The Department’s regulations under
25 CFR part 83 establish the procedures
and criteria by which a group may seek
Federal acknowledgment as an Indian
Tribe, establishing a government-togovernment relationship with the
United States. To obtain Federal
acknowledgment by the United States
under § 83.5, the petitioner must submit
evidence documenting that the group
meets criteria § 83.11(a) Indian entity
identification, (d) Governing document,
(e) Descent, (f) Unique membership, and
(g) Congressional termination and must
either:
• Demonstrate previous Federal
acknowledgment under § 83.12(a) and
meet the requirements of § 83.12(b); or
• Meet criteria § 83.11(b) Community
and (c) Political authority.
Section 83.26 describes the two
phases of the process for reviewing the
criteria in § 83.11. During the Phase I
review, OFA determines if the petitioner
meets criteria § 83.11(d), (e), (f), and (g).
Based on the evidence submitted by
FTB and evidence Departmental staff
obtained through its verification and
evaluation process, OFA has found that
FTB meets only three of the four
mandatory criteria under the Phase I
review: Criteria § 83.11(d), (f), and (g).
FTB does not meet criterion § 83.11(e).
Therefore, OFA has issued a negative
PF, which contains a summary of the
evidence, reasoning, and analyses that
are the basis for the PF.
Under § 83.34(a), OFA will provide
copies of the Phase I negative PF and
any supporting reports to the petitioner.
ADDRESSES:
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36416
Federal Register / Vol. 85, No. 116 / Tuesday, June 16, 2020 / Notices
This provision also requires OFA to
provide copies of the PF and any
supporting reports to individuals and
entities listed in § 83.22(d).
Under § 83.34(b), OFA will publish
the PF and any supporting reports on its
website at https://www.bia.gov/as-ia/
ofa. Requests for a copy of PF should be
addressed to the Federal Government as
instructed in the ADDRESSES section of
this notice.
Publication of this notice of the PF in
the Federal Register initiates a 120-day
comment period. During this comment
period, the petitioner or any individual
or entity may submit comments and
evidence to OFA to rebut or support the
PF, pursuant to § 83.35(a). Copies of
comments on the PF submitted to OFA
should also be provided to the
petitioner, as required by § 83.35(b) and
as instructed in the ADDRESSES section
of this notice by the date listed in the
DATES section of this notice.
If OFA receives comments on this PF,
then the petitioner will have 60 days to
submit a written response to those
comments, with citations to and
explanations of supporting evidence,
and the supporting evidence cited and
explained in the response, pursuant to
§ 83.37. After the expiration of that
comment period, the petitioner will
have 60 days to elect to challenge the PF
before an administrative law judge, as
outlined in §§ 83.38 through 83.39.
A petitioner can withdraw its
documented petition at any point in the
process, but the petition will be placed
at the end of the numbered register of
documented petitions upon
resubmission and may not regain its
initial priority number, pursuant to
§ 83.30.
The Director of the Office of Federal
Acknowledgment R. Lee Fleming
approved the issuance of OFA’s Phase I
negative PF.
Robert Fleming,
Director, Office of Federal Acknowledgment.
[FR Doc. 2020–12775 Filed 6–15–20; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
lotter on DSK30NT082PROD with NOTICES
[20XLLAZ941200.L1440000.ET0000;
AZA30749]
Notice of Application for Proposed
Withdrawal Extension and Notification
of Public Meeting, San Francisco
Peaks/Mount Elden Recreation Area,
Arizona
AGENCY:
Bureau of Land Management,
Interior.
VerDate Sep<11>2014
18:13 Jun 15, 2020
Jkt 250001
ACTION:
Notice.
The Bureau of Land
Management (BLM) is providing notice
of an application from the United States
Forest Service (USFS) requesting that
Public Land Order (PLO) 7467 be
extended for an additional 20-year term.
PLO 7467 withdrew 74,689 acres of
National Forest System lands in the
Coconino National Forest, San
Francisco Peaks/Mount Elden
Recreation Area, Arizona. The PLO
withdrew these lands from settlement,
sale, location, or entry under the general
land laws and the United States mining
laws, but not from leasing under the
mineral leasing laws. This notice also
gives the public the opportunity to
comment on the withdrawal extension
application, and announces the date,
time, and venue for a virtual public
meeting.
SUMMARY:
Comments must be received by
September 14, 2020. The USFS will
hold a virtual public meeting in
connection with the proposed
withdrawal extension on August 17,
2020, at 5:00 p.m. The USFS will
publish the date and instructions about
how to access the online public meeting
in the Arizona Daily Sun (Flagstaff) and
the Arizona Republic (Phoenix
Metropolitan area) newspapers a
minimum of 15 days prior to the
meetings.
DATES:
All comments should be
sent to the BLM Arizona State Office,
One North Central, Suite 800, Phoenix,
Arizona 85004; faxed to 602–417–9452;
or sent by email to BLM_AZ_
Withdrawal_Comments@blm.gov. The
BLM will not consider comments
received via telephone calls.
FOR FURTHER INFORMATION CONTACT: Sara
Ferreira, Land Law Examiner, BLM, at
602–417–9598; by email at sferreir@
blm.gov; or you may contact the BLM
office at the address noted above.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Relay Service (FRS) at 1–800–
877–8339 to contact the above
individual. The FRS 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: The USFS
has filed an application to extend for an
additional 20-year term a withdrawal
established by PLO 7467 (65 FR 61180),
which will expire on October 15, 2020.
The legal descriptions written in PLO
7467 are revised to reflect the Cadastral
Survey’s Specifications for Descriptions
of Land:
ADDRESSES:
PO 00000
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Fmt 4703
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Gila and Salt River Meridian, Arizona
T. 21 N., R. 7 E.,
sec. 1;
sec. 2, excepting H.E.S. No. 86.
T. 21 N., R. 8 E.,
sec. 6, excepting SE1⁄4NE1⁄4SE1⁄4NE1⁄4,
E1⁄2SE1⁄4SE1⁄4NE1⁄4, E1⁄2SE1⁄4SW1⁄4,
S1⁄2SW1⁄4SE1⁄4SW1⁄4,
NE1⁄4SE1⁄4SE1⁄4NE1⁄4SE1⁄4,
E1⁄2SW1⁄4SE1⁄4SE1⁄4NE1⁄4SE1⁄4,
SE1⁄4SE1⁄4SE1⁄4NE1⁄4SE1⁄4, S1⁄2SE1⁄4.
T. 22 N., R. 6 E.,
secs. 1 thru 3;
sec. 4, excepting SE1⁄4 NW1⁄4;
secs. 9 thru 11;
sec. 12, excepting NW1⁄4;
sec. 13, N1⁄2;
secs. 14 and 15;
sec. 16, E1⁄2.
T. 22 N., R. 7 E.,
secs. 1 thru 18;
secs. 20 thru 26;
sec. 27, excepting NE1⁄4;
secs. 28 and 29;
sec. 32, N1⁄2;
sec. 33, N1⁄2, N1⁄2SW1⁄4, N1⁄2SE1⁄4,
SW1⁄4SE1⁄4, W1⁄2NW1⁄4NW1⁄4SE1⁄4SE1⁄4,
W1⁄2SW1⁄4NW1⁄4SE1⁄4SE1⁄4,
W1⁄2NW1⁄4SW1⁄4SE1⁄4SE1⁄4,
W1⁄2SW1⁄4SW1⁄4SE1⁄4SE1⁄4;
sec. 34, N1⁄2, N1⁄2SW1⁄4, E1⁄2SW1⁄4SW1⁄4,
NW1⁄4SE1⁄4;
secs. 35 and 36.
T. 22 N., R. 8 E.,
secs. 5 thru 7;
sec. 8, excepting E1⁄2SE1⁄4;
sec. 17, excepting N1⁄2NE1⁄4NE1⁄4NE1⁄4,
N1⁄2NW1⁄4NE1⁄4NE1⁄4;
secs. 18 and 19;
sec. 20, excepting S1⁄2SE1⁄4NE1⁄4NE1⁄4,
SE1⁄4SW1⁄4NE1⁄4NE1⁄4, S1⁄2SE1⁄4NE1⁄4;
sec. 29, excepting E1⁄2SW1⁄4SE1⁄4SE1⁄4,
SE1⁄4SE1⁄4SE1⁄4;
secs. 30 and 31;
sec. 32, N1⁄2, N1⁄2SW1⁄4, SW1⁄4SW1⁄4,
N1⁄2NE1⁄4NE1⁄4SE1⁄4SW1⁄4,
N1⁄2NW1⁄4NE1⁄4SE1⁄4SW1⁄4,
W1⁄2SE1⁄4SW1⁄4, N1⁄2SE1⁄4, E1⁄2SW1⁄4SE1⁄4,
N1⁄2NE1⁄4NW1⁄4SW1⁄4SE1⁄4,
N1⁄2NW1⁄4NW1⁄4SW1⁄4SE1⁄4, SE1⁄4SE1⁄4.
T. 23 N., R. 6 E.,
sec. 8, lots 1, 2, 7, and 8;
sec. 9;
sec. 10, excepting W1⁄2NW1⁄4NE1⁄4NW1⁄4,
SE1⁄4NW1⁄4NE1⁄4NW1⁄4, E1⁄2NW1⁄4NW1⁄4,
NE1⁄4NW1⁄4NW1⁄4NW1⁄4;
sec. 11, excepting
W1⁄2SE1⁄4SE1⁄4NE1⁄4SW1⁄4,
W1⁄2NE1⁄4NE1⁄4SE1⁄4SW1⁄4,
W1⁄2SE1⁄4NE1⁄4SE1⁄4SW1⁄4,
W1⁄2NE1⁄4SE1⁄4SE1⁄4SW1⁄4,
W1⁄2SE1⁄4SE1⁄4SW1⁄4,
W1⁄2SE1⁄4SE1⁄4SE1⁄4SW1⁄4;
sec. 12;
sec. 13, excepting SW1⁄4NE1⁄4NE1⁄4,
NE1⁄4SE1⁄4NE1⁄4NE1⁄4,
W1⁄2SE1⁄4NE1⁄4NE1⁄4, SE1⁄4NW1⁄4NE1⁄4,
N1⁄2NE1⁄4SW1⁄4NE1⁄4,
N1⁄2NW1⁄4SE1⁄4NE1⁄4;
sec. 14, excepting N1⁄2NE1⁄4NE1⁄4,
N1⁄2NE1⁄4SW1⁄4NE1⁄4NE1⁄4,
N1⁄2NW1⁄4SW1⁄4NE1⁄4NE1⁄4,
N1⁄2NE1⁄4SE1⁄4NE1⁄4NE1⁄4,
N1⁄2NW1⁄4SE1⁄4NE1⁄4NE1⁄4,
N1⁄2NW1⁄4NE1⁄4,
N1⁄2NE1⁄4SW1⁄4NW1⁄4NE1⁄4,
E:\FR\FM\16JNN1.SGM
16JNN1
]]>Agencies
[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Notices]
[Pages 36415-36416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12775]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[201A2100DD/AAKC001030/A0A501010.999900]
Phase I Negative Proposed Finding on the Fernande[ntilde]o
Tataviam Band of Mission Indians
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of Proposed Finding.
-----------------------------------------------------------------------
SUMMARY: The Office of Federal Acknowledgment (OFA) within the Office
of the Assistant Secretary--Indian Affairs (AS-IA) within the
Department of the Interior (Department) hereby provides notice that OFA
has issued a Phase I negative Proposed Finding (PF) in response to the
petition it received from the group known as the Fernande[ntilde]o
Tataviam Band of Mission Indians (FTB), headquartered in San Fernando,
California. The petitioner seeks Federal acknowledgment as an Indian
Tribe under the Department's regulations. The OFA has found that FTB
meets only three of the four mandatory criteria reviewed under the
Phase I review, as defined by the regulations.
DATES: Comments on this Phase I negative PF are due on or before
October 14, 2020.
ADDRESSES: Please address comments on the PF to the Department of the
Interior, Office of the Assistant Secretary--Indian Affairs, Attn:
Office of Federal Acknowledgment, 1849 C Street NW, MS-4071 MIB,
Washington, DC 20240.
Any individuals or entities that make submissions to OFA must also
provide copies of their comments and evidence to the petitioner at
Fernande[ntilde]o Band of Mission Indians c/o Rudy Ortega, Jr., 1019
Second Street, #1, San Fernando, California 91340. Electronic copies of
the PF, as well as other related documents, are available on OFA's
website (www.bia.gov/as-ia/ofa).
FOR FURTHER INFORMATION CONTACT: R. Lee Fleming, Director, Office of
Federal Acknowledgment, (202) 513-7650; [email protected].
SUPPLEMENTARY INFORMATION: The OFA publishes this notice pursuant to
Sec. 83.34 of the Department's Federal acknowledgment regulations at
25 CFR part 83 (which became effective July 31, 2015), ``Procedures for
Federal Acknowledgement of Indian Tribes.''
The Department's regulations under 25 CFR part 83 establish the
procedures and criteria by which a group may seek Federal
acknowledgment as an Indian Tribe, establishing a government-to-
government relationship with the United States. To obtain Federal
acknowledgment by the United States under Sec. 83.5, the petitioner
must submit evidence documenting that the group meets criteria Sec.
83.11(a) Indian entity identification, (d) Governing document, (e)
Descent, (f) Unique membership, and (g) Congressional termination and
must either:
Demonstrate previous Federal acknowledgment under Sec.
83.12(a) and meet the requirements of Sec. 83.12(b); or
Meet criteria Sec. 83.11(b) Community and (c) Political
authority.
Section 83.26 describes the two phases of the process for reviewing
the criteria in Sec. 83.11. During the Phase I review, OFA determines
if the petitioner meets criteria Sec. 83.11(d), (e), (f), and (g).
Based on the evidence submitted by FTB and evidence Departmental staff
obtained through its verification and evaluation process, OFA has found
that FTB meets only three of the four mandatory criteria under the
Phase I review: Criteria Sec. 83.11(d), (f), and (g). FTB does not
meet criterion Sec. 83.11(e). Therefore, OFA has issued a negative PF,
which contains a summary of the evidence, reasoning, and analyses that
are the basis for the PF.
Under Sec. 83.34(a), OFA will provide copies of the Phase I
negative PF and any supporting reports to the petitioner.
[[Page 36416]]
This provision also requires OFA to provide copies of the PF and any
supporting reports to individuals and entities listed in Sec.
83.22(d).
Under Sec. 83.34(b), OFA will publish the PF and any supporting
reports on its website at https://www.bia.gov/as-ia/ofa. Requests for a
copy of PF should be addressed to the Federal Government as instructed
in the ADDRESSES section of this notice.
Publication of this notice of the PF in the Federal Register
initiates a 120-day comment period. During this comment period, the
petitioner or any individual or entity may submit comments and evidence
to OFA to rebut or support the PF, pursuant to Sec. 83.35(a). Copies
of comments on the PF submitted to OFA should also be provided to the
petitioner, as required by Sec. 83.35(b) and as instructed in the
ADDRESSES section of this notice by the date listed in the DATES
section of this notice.
If OFA receives comments on this PF, then the petitioner will have
60 days to submit a written response to those comments, with citations
to and explanations of supporting evidence, and the supporting evidence
cited and explained in the response, pursuant to Sec. 83.37. After the
expiration of that comment period, the petitioner will have 60 days to
elect to challenge the PF before an administrative law judge, as
outlined in Sec. Sec. 83.38 through 83.39.
A petitioner can withdraw its documented petition at any point in
the process, but the petition will be placed at the end of the numbered
register of documented petitions upon resubmission and may not regain
its initial priority number, pursuant to Sec. 83.30.
The Director of the Office of Federal Acknowledgment R. Lee Fleming
approved the issuance of OFA's Phase I negative PF.
Robert Fleming,
Director, Office of Federal Acknowledgment.
[FR Doc. 2020-12775 Filed 6-15-20; 8:45 am]
BILLING CODE 4337-15-P
