Department of the Interior April 2018 – Federal Register Recent Federal Regulation Documents
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Endangered and Threatened Wildlife and Plants; Review of 2017 Final Rule, Greater Yellowstone Ecosystem Grizzly Bears
We, the U.S. Fish and Wildlife Service (Service), announce our determination that our 2017 final rule to designate the population of grizzly bears in the Greater Yellowstone Ecosystem (GYE) as a distinct population segment and remove that population from the Endangered Species Act's List of Endangered and Threatened Wildlife does not require modification. After considering the best scientific and commercial data available and public comments on this issue received during a regulatory review, we affirm our decision that the GYE population of grizzly bears is recovered and should remain delisted under the Act. Accordingly, the Service does not plan to initiate further regulatory action for the GYE grizzly bear population.
Final Environmental Impact Statement, Final Habitat Conservation Plan; Yolo County, California
We, the U.S. Fish and Wildlife Service, announce the availability of a joint final environmental impact statement and final environmental impact report (final EIS/EIR) under the National Environmental Policy Act of 1967, as amended. We also announce the availability of the final habitat conservation plan (HCP) and California natural community conservation plan. These documents were prepared in support of a permit application submitted to us under the Endangered Species Act of 1973, as amended. We will use these documents to inform our decision regarding issuance of the permit.
Filing of Plats of Survey: Alaska
The plats of survey of lands described in this notice are scheduled to be officially filed in the Bureau of Land Management (BLM), Alaska State Office, Anchorage, Alaska. The surveys, which were executed at the request of the BLM, are necessary for the management of these lands.
Notice of Availability of the Draft Transportation Plan and Environmental Impact Statement for Acadia National Park, Maine
The National Park Service (NPS) announces the availability of the Draft Transportation Plan and Environmental Impact Statement (Draft Plan/EIS) for Acadia National Park. The purpose of the Transportation Plan is to determine how best to provide safe and efficient transportation and a variety of high quality experiences to visitors within Acadia National Park while ensuring the protection of park resources and values. The Draft Plan/EIS describes four alternatives for consideration, including a no-action alternative.
Proclaiming Certain Lands as Reservation for the Spokane Tribe of the Spokane Reservation
This notice informs the public that the Principal Deputy Assistant SecretaryIndian Affairs, exercising the authority of the Assistant SecretaryIndian Affairs, proclaimed approximately 145 acres, more or less, an addition to the reservation of the Spokane Tribe of the Spokane Reservation on March 12, 2018.
Proclaiming Certain Lands as Reservation for the Pueblo of Pojoaque, New Mexico
This notice informs the public that the Principal Deputy Assistant SecretaryIndian Affairs, exercising the authority of the Assistant SecretaryIndian Affairs, proclaimed approximately 323.763 acres, more or less, an addition to the reservation of the Pueblo of Pojoaque, New Mexico on March 12, 2018.
Incidental Take Permit Applications Received To Participate in the American Burying-Beetle Amended Oil and Gas Industry Conservation Plan in Oklahoma
Under the Endangered Species Act (ESA), as amended, we, the U.S. Fish and Wildlife Service, invite the public to comment on federally-listed American burying-beetle incidental take permit (ITP) applications. The applicants anticipate American burying-beetle take as a result of impacts to Oklahoma habitat the species uses for breeding, feeding, and sheltering. The take would be incidental to the applicants' activities associated with oil and gas well field and pipeline infrastructure (gathering, transmission, and distribution), including geophysical exploration (seismic), construction, maintenance, operation, repair, decommissioning, and reclamation. If approved, the permits would be issued under the approved American Burying Beetle Amended Oil and Gas Industry Conservation Plan (ICP) Endangered Species Act Section 10(a)(1)(B) Permit Issuance in Oklahoma.
Final Environmental Impact Statement, Pure Water San Diego Program, North City Project; San Diego County, California
The Bureau of Reclamation and the City of San Diego have completed a final Environmental Impact Report/Environmental Impact Statement for the North City Project, the first phase of the Pure Water San Diego Programa water and wastewater facilities plan to produce potable water from recycled water. The Bureau of Reclamation is recommending the Miramar Alternative as the preferred alternative for approval.
Alabama Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Alabama regulatory program (Alabama program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Alabama proposed revisions clarifying that the venue for appeals of Alabama Surface Mining Commission decisions resides in the Circuit Court of the county in which the agency maintains its principal office. Alabama is revising its program to be no less effective than the Federal regulations and to improve operational efficiency.
Endangered and Threatened Wildlife and Plants; Removing Textual Descriptions of Critical Habitat Boundaries for Mammals, Birds, Amphibians, Fishes, Clams, Snails, Arachnids, Crustaceans, and Insects
We, the U.S. Fish and Wildlife Service (Service), are removing the textual descriptions of critical habitat boundaries from those designations for mammals, birds, amphibians, fishes, clams, snails, arachnids, crustaceans, and insects for which the maps have been determined to be sufficient to stand as the official delineation of critical habitat. For these entries, the boundaries of critical habitat as mapped or otherwise described will be the official delineation of the designation. The coordinates and/or plot points that we are removing from the Code of Federal Regulations will be available to the public at the lead field office of the Service responsible for the designation and online at the Federal eRulemaking Portal. This action does not increase, decrease, or otherwise change the boundaries of any critical habitat designation. We are taking this action in accordance with our May 1, 2012, revision of the regulations related to publishing textual descriptions of critical habitat boundaries in the Code of Federal Regulations and as part of our response to Executive Order 13563 (January 18, 2011) directing Federal agencies to review their existing regulations and then to modify or streamline them in accordance with what they learned.
Notice of Proposed Withdrawal Extension and Opportunity for Public Meeting for the Whiskey Mountain Bighorn Sheep Winter Range, Wyoming
The Assistant SecretaryLand and Minerals Management has approved a Bureau of Land Management (BLM) petition/application to extend the duration of Public Land Order (PLO) No. 7434 for an additional 20-year term. PLO No. 7434 withdrew 1,430.92 acres of public lands from location and entry under the United States mining laws to protect the Whiskey Mountain Bighorn Sheep Winter Range and capital investments in Fremont County, Wyoming. This Notice advises the public of an opportunity to comment on the application for the proposed withdrawal extension and to request a public meeting.
Notice of Availability of Decision Record for the Gateway West Transmission Line Project and Approved Land Use Plan Amendments, Segments 8 and 9, Idaho; IDI-35849-01
The Bureau of Land Management (BLM) announces the availability of the Decision Record (DR) for the Gateway West Transmission Line Project (Project) and Approved Land Use Plan Amendments for Segments 8 and 9. The Assistant SecretaryLand and Minerals Management (ASLM) signed the DR on March 30, 2018, which constitutes the final decision of the Department of the Interior and is not subject to appeal under Departmental regulations. Any challenge to this decision, including the BLM Authorized Officer's issuance of the right- of-way (ROW) as directed by this decision, must be brought in Federal district court within the timeframe allowed under Title 41 of the FAST Act (FAST-41).
Notice of Intent To Prepare an Environmental Impact Statement for the Coastal Plain Oil and Gas Leasing Program, Alaska; Correction
The Bureau of Land Management (BLM) published a document in the Federal Register on April 20, 2018, concerning a request for scoping comments on an Environmental Impact Statement (EIS) to implement an oil and gas leasing program in Alaska within the area defined as the ``Coastal Plain.'' The document omitted a website address for the public to submit comments. This notice corrects the omission to include the website address.
Agency Information Collection Activities; Claim for Relocation Payments-Residential, DI-381 and Claim for Relocation Payments-Nonresidential, DI-382
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Acquisition and Property Management are proposing to renew an information collection.
National Register of Historic Places; Notification of Pending Nominations and Related Actions
The National Park Service is soliciting comments on the significance of properties nominated before April 7, 2018, for listing or related actions in the National Register of Historic Places.
Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization for Northern Sea Otters in Cook Inlet, Alaska; Availability of Draft Environmental Assessment; Request for Comments
We, the U.S. Fish and Wildlife Service, in response to a request under the Marine Mammal Protection Act of 1972, as amended, from Hilcorp Alaska, LLC, propose to authorize nonlethal, incidental take by harassment of small numbers of northern sea otters between May 23, 2018, and September 30, 2018. The applicant has requested this authorization for take that may result from aircraft overflights in Cook Inlet, Alaska. Aerial surveys are needed to collect gravitational and magnetic data for oil and gas exploration. This proposed authorization, if finalized, will be for take by Level B harassment only; no take by injury or death will be authorized. The application package and the references cited herein are available for viewing at https://www.fws.gov/alaska/fisheries/mmm/iha.htm or may be requested as described under FOR FURTHER INFORMATION CONTACT.
Marine Mammals; Letters of Authorization To Take Pacific Walrus and Polar Bears in the Beaufort and Chukchi Seas, Alaska
In accordance with the Marine Mammal Protection Act of 1972, as amended, the U.S. Fish and Wildlife Service has issued Letters of Authorization for the nonlethal take of polar bears and Pacific walruses incidental to oil and gas industry exploration, development, and production activities in the Beaufort Sea and the adjacent northern coast of Alaska and incidental to oil and gas industry exploration activities in the Chukchi Sea and the adjacent western coast of Alaska. These Letters of Authorization stipulate conditions and methods that minimize impacts to polar bears and Pacific walruses from these activities.
Filing of Plats of Survey; NV
The purpose of this notice is to inform the public and interested State and local government officials of the filing of Plats of Survey in Nevada.
Colorado River Basin Salinity Control Advisory Council Notice of Public Meeting
The Bureau of Reclamation is publishing this notice to announce that a Federal Advisory Committee meeting of the Colorado River Basin Salinity Control Council (Council) will take place.
Agency Information Collection Activities; Efficacy of Oak Savanna Restoration History Information Request
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Geological Survey (USGS) are proposing a new information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Phragmites Adaptive Management Framework
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Geological Survey (USGS) are proposing a new information collection.
Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews of Five Listed Animal Species
We, the U.S. Fish and Wildlife Service, are initiating 5-year status reviews under the Endangered Species Act of 1973, as amended, for five animal species. A 5-year status review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information that has become available since the last review for the species.
Notice of Temporary Concession Contract for Fuel Sales, Convenience Retail Merchandise, RV and Campground Services in the Hite Area of Glen Canyon National Recreation Area, Arizona
The National Park Service intends to award a temporary concession contract to a qualified person for the conduct of certain visitor services within the Hite area of Glen Canyon National Recreation Area for a term not to exceed 3 years. The visitor services include fuel sales, convenience retail merchandise, RV, campground and other land-based services.
Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization
We, the U.S. Fish and Wildlife Service (Service), have received an application from the United States Coast Guard (USCG) for authorization to take small numbers of marine mammals by harassment incidental to the replacement of pier piles and the potable water line at USCG Station Monterey in Monterey County, California. In accordance with provisions of the Marine Mammal Protection Act of 1972, as amended, we request comments on our proposed authorization for the applicant to incidentally take, by harassment, small numbers of southern sea otters during a 1-year authorization period beginning on or before June 15, 2018. We anticipate no take by injury or death and include none in this proposed authorization, which would be for take by harassment only.
Migratory Bird Permits; Regulations for Managing Resident Canada Goose Populations
In 2005, the U.S. Fish and Wildlife Service (Service or ``we'') published a final environmental impact statement on management of resident Canada geese (Branta canadensis) that documented resident Canada goose population levels ``that are increasingly coming into conflict with people and causing personal and public property damage.'' Subsequently, the Service implemented several actions intended to reduce, manage, and control resident Canada goose populations in the continental United States and to reduce related damages; those actions included depredation and control orders that allow destruction of Canada goose nests and eggs by authorized personnel between March 1 and June 30. However, some resident Canada geese currently initiate nests in February, particularly in the southern United States, and it seems likely that in the future nest initiation dates will begin earlier and hatching of eggs will perhaps end later than dates currently experienced. Thus, the Service proposes to amend the depredation and control orders to allow destruction of resident Canada goose nests and eggs at any time of year.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Oil and Gas, or Geothermal Resources; Transfers and Assignments
In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is proposing to renew an information collection.
Agency Information Collection Activities; Onshore Oil and Gas Leasing and Drainage Protection
In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Land Management (BLM), are proposing to renew an information collection.
Receipt of Application for Renewal of Incidental Take Permits; Interim Programmatic Low-Effect Habitat Conservation Plan for the Endangered Mount Hermon June Beetle and Ben Lomond Spineflower, Santa Cruz County and Scotts Valley, CA
We, the U.S. Fish and Wildlife Service (Service), have received requests from the County of Santa Cruz and City of Scotts Valley (applicants), for renewal of two incidental take permits under the Endangered Species Act of 1973, as amended. The applicants have requested a renewal that will extend permit authorization by 5 years from the date the permit is reissued. If renewed, no additional take above the original authorized limit of 139 acres of habitat will be authorized. The permits would authorize take of the federally endangered Mount Hermon June beetle, incidental to otherwise lawful activities associated with the Interim Programmatic Habitat Conservation Plan for the Endangered Mount Hermon June beetle and Ben Lomond spineflower.
Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan for the Sand Skink, Orange County, FL
We, the U.S. Fish and Wildlife Service (Service), have received an application for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended. Orange County Public Schools (applicant) is requesting a 3-year ITP for take of the federally listed sand skink. We request public comment on the permit application, which includes a proposed habitat conservation plan, and on our preliminary determination that the plan qualifies as low effect under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low- effect screening form, which are also available for review.
Public Meeting of the National Cooperative Geologic Mapping Program (NCGMP) and National Geological and Geophysical Data Preservation Program (NGGDPP) Advisory Committee
In accordance with the Federal Advisory Committee Act of 1972, the U.S. Geological Survey (USGS) is publishing this notice to announce that a Federal Advisory Committee meeting of the NCGMP and NGGDPP will take place.
Agency Information Collection Activities; Nomination of Properties for Listing in the National Register of Historic Places
In accordance with the Paperwork Reduction Act of 1995, the National Park Service is proposing to renew an information collection.
Minor Boundary Revision at Carl Sandburg Home National Historic Site
The boundary of the Carl Sandburg Home National Historic Site is modified to include an additional 4.84 acres of land that is immediately adjacent to the southeast boundary of the historic site. The United States by will acquire, by donation, the tract from the current owner, Wells Fargo Bank. This property will be included within the Carl Sandburg Home National Historic Site upon completion of the minor boundary adjustment.
U.S. Endangered Species; Receipt of Recovery Permit Applications
We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on applications for permits to conduct activities intended to enhance the propagation or survival of endangered species. With some exceptions, the Endangered Species Act of 1973, as amended (ESA), prohibits certain activities affecting endangered and threatened species unless that activity is covered under a Federal permit authorizing take of the species or authorizing otherwise prohibited activities. The ESA also requires that we invite public comment before issuing these permits.
Notice of Intent To Prepare an Environmental Impact Statement for the Coastal Plain Oil and Gas Leasing Program, Alaska
In accordance with Section 20001 of the Tax Cuts and Jobs Act of 2017 (Tax Act), and the National Environmental Policy Act of 1969, (NEPA) as amended, and in a manner similar to the administration of lease sales under the Naval Petroleum Reserves Production Act of 1976, as amended, the Bureau of Land Management (BLM) Alaska State Office, Anchorage, Alaska, intends to prepare a Leasing Environmental Impact Statement (Leasing EIS) to implement an oil and gas leasing program within the area defined as the ``Coastal Plain.''
Notice of Public Meeting, BLM Alaska Resource Advisory Council
In accordance with the Federal Land Policy and Management Act of 1976, and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management's (BLM) Alaska Resource Advisory Council (RAC) will meet as indicated below.
National Call for Nominations for Resource and Monument Advisory Councils
The purpose of this notice is to request public nominations for the Bureau of Land Management (BLM) Resource Advisory Councils (RAC) that have members whose terms are scheduled to expire. RACs provide advice and recommendations to the BLM on land use planning and management of the National System of Public Lands within their geographic areas.
HEARTH Act Approval of the Oneida Nation of Wisconsin's Regulation
On January 23, 2018, the Bureau of Indian Affairs (BIA) approved the Oneida Nation of Wisconsin (previously listed as Oneida Tribe of Indians of Wisconsin) (Nation) leasing regulations under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). With this approval, the Nation is authorized to enter into business, agricultural and residential leases without further BIA approval.
U.S. Endangered Species; Recovery Permit Applications
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for a permit to conduct activities intended to recover and enhance endangered species survival. With some exceptions, the Endangered Species Act of 1973, as amended (ESA), prohibits certain activities that may impact endangered species unless a Federal permit allows such activity. The ESA also requires that we invite public comment before issuing these permits.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; North American Woodcock Singing Ground Survey
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service, are proposing to renew an information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Hunting and Fishing Application Forms and Activity Reports for National Wildlife Refuges
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service, are proposing to renew an information collection.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Horseshoe Crab and Cooperative Fish Tagging Programs
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service, are proposing to renew an information collection with revisions.
Notice of Inventory Completion: Sam Noble Oklahoma Museum of Natural History, Norman, OK
The Sam Noble Oklahoma Museum of Natural History (Museum) at the University of Oklahoma has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organization, and has determined that there is a cultural affiliation between the human remains and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Museum. If no additional requesters come forward, transfer of control of the human remains to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.
Notice of Inventory Completion: Thomas Burke Memorial Washington State Museum, University of Washington, Seattle, WA
The Thomas Burke Memorial Washington State Museum (Burke Museum) has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Burke Museum. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian tribes, or Native Hawaiian organizations stated in this notice may proceed.
Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI
The Wisconsin Historical Society has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.
Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI
The Wisconsin Historical Society has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.
Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI
The Wisconsin Historical Society has completed an inventory of human remains in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.
Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI
The Wisconsin Historical Society has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.
Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI
The Wisconsin Historical Society has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.
Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI
The Wisconsin Historical Society has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.
Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI
The Wisconsin Historical Society has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.
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