Department of the Interior March 6, 2008 – Federal Register Recent Federal Regulation Documents

This notice advises the public that the Bureau of Indian Affairs (BIA) intends to cancel work on the Environmental Impact Statement (EIS) for the proposed taking into federal trust of land in Sullivan County, New York, for the StockbridgeMunsee Community Band of Mohican Indians of Wisconsin (Tribe). The Tribe proposed to develop and operate a Class III gaming facility and associated facilities on the trust property. The EIS is no longer needed because the Department of the Interior has decided not to accept the land into trust, on the basis that the proposed action did not adequately meet criteria in 25 CFR 151.3; 151.10(b); 151.10(c); and 151.11(b) for trust acquisition.

This notice advises the public that the Bureau of Indian Affairs (BIA) as Lead Agency, with the Mashpee Wampanoag Tribe (Tribe) as Cooperating Agency, will be gathering information needed for an Environmental Impact Statement (EIS) for the proposed trust acquisition of approximately 679 acres of land as the Tribe's initial reservation. The proposed acquisition includes approximately 140 acres in the Town of Mashpee, Barnstable County, Massachusetts, and approximately 539 acres in the Town of Middleboro, Plymouth County, Massachusetts. The property in Mashpee would be used for tribal administrative and cultural purposes and housing for tribal members. For the property in Middleboro, the Tribe plans the construction of a gaming facility with related facilities. The purposes of the proposed federal action are to provide a land base for the Tribe and to help meet the economic needs of the Tribe and its members. This notice also announces public scoping meetings to identify potential issues, alternatives and content for inclusion in the EIS.

We, the U.S. Fish and Wildlife Service (Service), find that the proposed revision of critical habitat for the marbled murrelet (Brachyramphus marmoratus) pursuant to the Endangered Species Act of 1973, as amended, (Act), should not be made. On September 12, 2006, (71 FR 53840), we proposed to revise the May 24, 1996, designation of critical habitat for the marbled murrelet in Washington, Oregon, and California (61 FR 26256). Under the proposed revision, 3,590,642 acres (ac) (1,363,300 hectares (ha)) were proposed as critical habitat, with 3,368,950 ac (1,363,300 ha) of these lands proposed for exclusion under section 4(b)(2) of the Act. Due to uncertainties regarding Bureau of Land Management (BLM) revisions to its District Resource Management Plans in western Oregon, we have determined that it is not appropriate to revise the designation of critical habitat for the marbled murrelet at this time, as discussed below. Therefore, in accordance with the provisions of section 4(b)(6)(A)(i)(II) of the Act, we find that the proposed revision of critical habitat for the marbled murrelet should not be made. Accordingly, the May 24, 1996, final rule designating critical habitat for the marbled murrelet remains in effect (61 FR 26256).

Notice is hereby given, pursuant to 25 CFR 514.1(a)(3), that the National Indian Gaming Commission has adopted preliminary annual fee rates of 0.00% for tier 1 and 0.057% (.00057) for tier 2 for calendar year 2008. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation under 25 CFR part 518, the preliminary fee rate on class II revenues for calendar year 2008 shall be one-half of the annual fee rate, which is 0.0285% (.000285)