Notices. Notice of availability

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BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2005-21610] Nontank Vessel Response Plan Guidance AGENCY: Coast Guard, DHS. ACTION: Notice of availability. SUMMARY: The Coast Guard announces the availability of a document that provides revised interim guidelines for the development and review of plans for responding to a discharge, or threat of a discharge, of oil from nontank vessels. The document, in the form of a change to Navigation and Vessel Inspection Circular No. 01-05, is available as indicated in this notice.

Federal law requires that these response plans be prepared and submitted to the Coast Guard. FOR FURTHER INFORMATION CONTACT: If you have questions on the change to Navigation and Vessel Inspection Circular No. 01-05, call Lieutenant Commander Rob Smith or Lieutenant Eric Bauer, Office of Vessel Activities at telephone 202-267-6714. If you have questions on viewing material in the docket, call Ms. Renee K. Wright, Program Manager, Docket Operations, telephone 202-493-0402. SUPPLEMENTARY INFORMATION:

Background On August 9, 2004, the President signed the Coast Guard and Maritime Transportation Act of 2004 (Pub. L. 108-293) (2004 Act). Section 701 of the 2004 Act amends section 311(a) and

(j)of the Federal Water Pollution Control Act to require the preparation and submission of oil response plans for nontank vessels. The 2004 Act defines “nontank vessel” as a self-propelled vessel of 400 gross tons or greater, other than a tank vessel, that carries oil of any kind as fuel for main propulsion and that is a vessel of the United States or operates on the navigable waters of the United States. Under the 2004 Act, response plans must have been submitted to the Coast Guard by August 8, 2005. The 2004 Act requires the Coast Guard to issue response plan regulations. However, to assist industry in meeting the August 8, 2005, deadline, the Coast Guard announced the availability of a Navigation and Vessel Inspection Circular

(NVIC)in the **Federal Register** on February 16, 2005, (70 FR 7955) for use in the preparation and submission of response plans until regulations are in effect. As there are already certain provisions in the existing statute that these response plans must meet, the NVIC identifies those requirements, as well as the Coast Guard's recommendations. *Change 1 to NVIC 01-05, Interim Guidance for the Development and Review of Response Plans for Nontank Vessels* provides additional guidance for nontank vessels preparing and submitting response plans. Access to the NVIC A copy of Change 1 to NVIC 01-05 can be found in the docket at *http://dms.dot.gov/* [USCG-2005-21610] and at *http://www.uscg.mil/hq/g-m/nvic/* . For those Individuals without Internet access, a copy of Change 1 to NVIC 01-05 may be obtained by contacting the VRP Program staff at 202-267-6714 or your local U.S. Coast Guard Sector Command. Dated: February 15, 2006. Howard L. Hime, Acting Director of Standards Prevention. [FR Doc. E6-2546 Filed 2-22-06; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of an Application for Renewal of an Incidental Take Permit for the Bald Eagle From the Proposed Construction and Occupancy of Residences in Gaston County, NC AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. SUMMARY: Pinsto, Inc. (Permittee) has applied for renewal of an incidental take permit

(ITP)from the Fish and Wildlife Service (Service) under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). Like the existing permit, the proposed renewed ITP would allow take of the bald eagle ( *Haliaeetus leucocephalus* ), a federally listed threatened species, incidental to residential development. Destruction of the nest or the tree in which the nest is located is not requested by the Permittee. Rather, the proposed incidental take may occur as a result of harm or harassment to the eagles resulting from residential construction activities in the vicinity of the nest. The Service announces availability of the ITP application and the habitat conservation plan

(HCP)for public comment. DATES: The Service must receive written comments on or before March 27, 2006. ADDRESSES: Persons wishing to review the permit renewal application and HCP may obtain an electronic copy by contacting the Service's Southeast Regional Office, Atlanta, Georgia, at the address below. Documents will also be available for public inspection by appointment during normal business hours at the Regional Office, 1875 Century Boulevard, Suite 200, Atlanta, Georgia 30345 (Attn: Endangered Species Permits), or at the Asheville Ecological Services Field Office, 160 Zillicoa Street, Asheville, North Carolina 28801. Written data or comments concerning the permit renewal or HCP should be submitted to the Regional Office (Atlanta). FOR FURTHER INFORMATION CONTACT: Mr. Aaron Valenta, Regional HCP Coordinator (see ADDRESSES ), telephone: 404/679-4144, e-mail address: *aaron_valenta@fws.gov* , or Mr. Mark Cantrell, Fish and Wildlife Service Biologist, Asheville Field Office (see ADDRESSES above), telephone: 828/258-3939 (extension 227). SUPPLEMENTARY INFORMATION: This would be a 10 year renewal of Permit TE-039993-0 for residential construction which was approved and issued by the Service on May 21, 2001. As residential development continues within the permit area, the incidental taking of bald eagle incidental to earth moving, land clearing, and subsequent human habitation of the permit area may occur, necessitating the need for renewal of the ITP. The renewal request covers the same activities covered by the HCP and existing permit. There will not be an increase in the level of take beyond that anticipated in the original permit. The previously prepared Habitat Conservation Plan

(HCP)specifies the impacts that are likely to result from the taking and the measures the Permittee would undertake to minimize and mitigate such impacts. The existing HCP satisfies all statutory issuance criteria; therefore, it is applicable to the renewal of this ITP. Copies of the HCP and ITP application may be obtained by making a request, in writing, to the Regional Office (see ADDRESSES ). This notice is provided pursuant to section 10 of the ESA and National Environmental Policy Act

(NEPA)regulations at 40 CFR 1506.6. We specifically request information, views, and opinions from the public on the Federal action. Further, we specifically solicit information regarding the adequacy of the HCP as measured against our ITP issuance criteria found in 50 CFR 13.21 and 17.22. If you wish to comment, you may submit comments by any one of several methods. Please reference “ITP for Pinsto Renewal” in all your comments or requests for the documents discussed in this notice. You may mail comments to our Regional Office (see ADDRESSES ). You may also comment via the Internet to *aaron_valenta@fws.gov* . Please submit comments over the Internet as an ASCII file, avoiding the use of special characters and any form of encryption. Please also include your name and return mailing address in your Internet message. If you do not receive a confirmation from us that we have received your internet message, contact us directly at either telephone number listed (see FOR FURTHER INFORMATION CONTACT ). Finally, you may hand-deliver comments to either Service office listed (see ADDRESSES ). Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home address from the administrative record. We will honor such requests to the extent allowable by law. There may also be other circumstances in which we would withhold from the administrative record a respondent's identity, as allowable by law. If you wish us to withhold your name and address, you must state this prominently at the beginning of your comments. We will not, however, consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. As many as 75,000 pairs of nesting bald eagles may have lived in the lower 48 United States when the bird was adopted as our national symbol in 1782. It was a common nesting species along the Southeast Coast as well as along major rivers and lakes. Its population diminished rapidly due to habitat destruction, nest disturbance, illegal shooting, and, most notably, the contamination of its food sources by the pesticide DDT. Nesting populations were reduced to less than 2 percent of their former numbers by the 1960s. The bald eagle below the 40th parallel was listed as endangered in 1967 and received protection under the Act. Its populations have steadily increased due to efforts to protect the bald eagle and its habitat, population reintroduction programs, and the banning of DDT. The bald eagle was reclassified as threatened throughout the continental United States by a final rule that published in the **Federal Register** on July 12, 1995 (60 FR 36000). The bald eagle is now being considered for delisting and its rangewide status was discussed in detail in the proposed rule to remove the bald eagle from the Federal List of Endangered and Threatened Wildlife and Plants (July 6, 1999, 64 FR 36454). The Permittee intends to continue development of a residential subdivision consisting of 12 lots on 13 acres. Homes have been constructed on 10 of the 12 lots to date. The biological goal of the HCP is to avoid harm or injury to the bald eagles and their nest to the maximum extent practicable and to retain the existing eagles within their occupied territory. To avoid, minimize, and mitigate impacts, the Permittee would continue to maintain an open space area of 3.087 acres, which is equivalent to the 150-foot radius buffer adjacent to and contiguous with the nest, and establish use restrictions on the lots surrounding the nest. These restrictions would limit outdoor activities within the subdivision during the nesting season. We expect these efforts would minimize potential effects of human activities on bald eagles that may use the nest. The bald eagle pair has continued to maintain a territory and has nested successfully each year during construction and occupancy of the subdivision to date. We have evaluated the application for renewal and project area and determined that the renewal of the permit is a “low-effect” action, involving minor or negligible effects to the bald eagle and other environmental resources. As provided by the Department of Interior's Manual (516 DM 2 Appendix 1 and 516 DM 6 Appendix 1) for implementing National Environmental Policy Act (NEPA), this low-effect HCP qualifies as a categorical exclusion and does not require the preparation of an Environmental Assessment or Environmental Impact Statement. As a categorical exclusion, according to NEPA regulations (40 CFR 1508.4), low-effect HCPs do not individually or cumulatively have a significant effect on the human environment. Under section 9 of the Act and its implementing regulations, “taking” of endangered and threatened wildlife is prohibited. However, we, under limited circumstances, may issue permits to take such wildlife if the taking is incidental to and not the purpose of otherwise lawful activities. The Permittee has prepared an HCP that includes measures for the long-term protection, management, and enhancement of the bald eagle nesting habitat as required for the ITP application as part of the proposed project. We will evaluate whether the issuance of the section 10(a)(1)(B) ITP complies with section 7 of the Act by reviewing our previously prepared intra-Service section 7 consultation. The results of the biological opinion, in combination with the above findings, will be used in the final analysis to determine whether or not to issue the ITP. Dated: February 15, 2006. Cynthia K. Dohner, Acting Regional Director. [FR Doc. E6-2563 Filed 2-22-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Harvest and Export of American Ginseng AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice: request for information from the public; announcement of public meeting. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a public meeting on American ginseng ( *Panax quinquefolius* ). This meeting will help us gather information from the public in preparation for our 2006 findings on the export of American ginseng roots, for the issuance of permits under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). DATES: The meeting date is: Saturday, March 11, 2006, 10 a.m. to 3 p.m., with a one-hour lunch break from 12 p.m. to 1 p.m. ADDRESSES: The meeting location is: Sutton/Flatwoods—Days Inn, 2000 Sutton Lane, Sutton, West Virginia 26601;

(304)765-5055. FOR FURTHER INFORMATION CONTACT: For further information, or directions to the meeting, contact Ms. Pat Ford, Division of Scientific Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 750, Arlington, VA 22203; 703-358-1708 (telephone), 703-358-2276 (fax), or *patricia_ford@fws.gov* (e-mail). SUPPLEMENTARY INFORMATION: Background The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES, or Convention) is an international treaty designed to control and regulate international trade in certain animal and plant species that are now or potentially may be threatened with extinction by international trade. Currently, 169 countries, including the United States, are Parties to CITES. The species for which trade is controlled are listed in Appendices I, II, and III of the Convention. Appendix I includes species threatened with extinction that are or may be affected by international trade. Commercial trade in Appendix-I species is prohibited. Appendix II includes species that, although not necessarily threatened with extinction at the present time, may become so unless their trade is strictly controlled through a system of export permits. Appendix II also includes species that CITES must regulate so that trade in other listed species may be brought under effective control ( *i.e.* , because of similarity of appearance between listed species and other species). Appendix III comprises species subject to regulation within the jurisdiction of any CITES Party country that has requested the cooperation of the other Parties in regulating international trade in the species. American ginseng ( *Panax quinquefolius* ) was listed in Appendix II of CITES on July 1, 1975. The Division of Scientific Authority and the Division of Management Authority of the Service regulate the export of American ginseng, including whole plants, whole roots, and root parts. To meet CITES requirements for export of American ginseng from the United States, the Division of Scientific Authority must determine that the export will not be detrimental to the survival of the species, and the Division of Management Authority must be satisfied that the American ginseng roots to be exported were legally acquired. Since the inclusion of American ginseng in CITES Appendix II, the Divisions of Scientific Authority and Management Authority have issued findings on a State-by-State basis. To determine whether or not to approve exports of American ginseng, the Division of Scientific Authority has annually reviewed available information from various sources (other Federal agencies, State regulatory agencies, industry and associations, nongovernmental organizations, and academic researchers) on the biology and trade status of the species. After a thorough review, the Division of Scientific Authority makes a non-detriment finding and the Division of Management Authority makes a legal acquisition finding on the export of American ginseng to be harvested during the year in question. From 1999 through 2004, the Division of Scientific Authority included in its non-detriment finding for the export of wild (including wild-simulated and woodsgrown) American ginseng roots an age-based restriction ( *i.e.* , plants were required to be at least 5 years old). In 2005, the Division of Scientific Authority included in its non-detriment findings for the export of wild American ginseng roots an age-based restriction that plants must be at least 10 years old, and for the export of wild-simulated and woodsgrown American ginseng roots that plants must be at least 5 years old. States with harvest programs for wild and/or artificially propagated American ginseng are: Alabama, Arkansas, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Michigan, Minnesota, Missouri, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Tennessee, Vermont, Virginia, Washington, West Virginia, and Wisconsin. Public Meeting On Saturday, March 11, 2006, in Sutton, West Virginia, from 10 a.m. to 3 p.m., we will hold an open public meeting (a listening session) to hear from people involved or interested in American ginseng harvest and trade. We will break for lunch from 12 p.m. to 1 p.m. We are particularly interested in obtaining any current information on the status of American ginseng in the wild, and other pertinent information that would contribute to improvements in the CITES export program for this species. We will discuss the Federal regulatory framework for the export of American ginseng and how these regulations control the international trade of this species. We will also discuss the different CITES definitions as they are applied to American ginseng grown under different production systems and how these systems affect the export of American ginseng roots. You may get directions to the meeting locations from the Division of Scientific Authority or the Division of Management Authority (see FOR FURTHER INFORMATION CONTACT or ADDRESSES ). Persons planning to attend the March 11, 2006, meeting who require interpretation for the hearing impaired must notify the Division of Scientific Authority by March 1, 2006 (see FOR FURTHER INFORMATION CONTACT ). Author The primary author of this notice is Pat Ford, the Division of Scientific Authority, U.S. Fish and Wildlife Service. Dated: February 15, 2006. William F. Hartwig, Acting Director, Fish and Wildlife Service. [FR Doc. E6-2532 Filed 2-22-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Confederated Tribes of Coos Liquor Code AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. SUMMARY: This notice publishes the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal (Confederated Tribes of Coos) Liquor Code. The Code regulates and controls the possession, sale and consumption of liquor within the Confederated Tribes of Coos Indian Reservation trust land, and other lands subject to tribal jurisdiction. This Code allows for the possession and sale of alcoholic beverages within the exterior boundaries of the Confederated Tribes of Coos Indian Reservation, and will increase the ability of the tribal government to control the Reservation liquor distribution and possession. At the same time, it will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services. DATES: *Effective Date:* This Code is effective on February 23, 2006. FOR FURTHER INFORMATION CONTACT: Betty Scissons, Division of Tribal Government Services, Bureau of Indian Affairs, Northwest Regional Office, 911 NE 11th Avenue, Portland, OR 97232-4169, Phone 503-231-6723, Fax 503-231-2201; or Ralph Gonzales, Office of Tribal Services, 1951 Constitution Avenue, NW., Mail Stop 320-SIB, Washington, DC 20240; Telephone

(202)513-7629. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in *Rice* v. *Rehner* , 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the **Federal Register** notice of adopted liquor codes for the purpose of regulating liquor transactions in Indian country. The Confederated Tribes of Coos Tribal Council adopted its Liquor Code by Resolution No. 04-2004 on October 10, 2004. The purpose of this Code is to govern the sale, possession and distribution of alcohol within the Confederated Tribes of Coos Indian Reservation. This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Principal Deputy Assistant Secretary—Indian Affairs. I certify that this Liquor Code of the Confederated Tribes of Coos was duly adopted by the Tribal Council on October 10, 2004. Dated: February 16, 2006. Debbie L. Clark, Acting Principal Deputy Assistant Secretary—Indian Affairs. The Confederated Tribes of Coos Liquor Code reads as follows: Title 5—Regulatory Provisions; Chapter 5-1 Liquor Control 5-1-1 Authority and Purpose

(a)The authority for this Code and its adoption by Tribal Council is found in the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal Constitution under Article I—Section 1, Article VI—Section 2 and the Act of October 17, 1984, Public Law No. 98-481, 98 Stat. 2250.

(b)This Code is for the purpose of regulating the sale, possession and use of alcoholic liquor on the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (Tribes) Reservation and other lands subject to Tribal jurisdiction. 5-1-2 Definitions To the extent that definitions are consistent with tribal or federal law, terms used herein shall have the same meaning as defined in Oregon Revised Statutes Chapter 471 and in Oregon Administrative Rules Chapter 845.

(a)*Alcoholic Liquor* shall mean any alcoholic beverage containing more than one-half ( 1/2 ) of one percent (1%) alcohol by volume, and every liquid or solid, patented or not, containing alcohol and capable of being consumed by a human being.

(b)*Tribes' Reservation* shall mean all lands held in trust by the United States for the Tribes or their members and all lands owned by the Tribes, wherever located.

(c)*Sell or To Sell* refer to anything forbidden by this Chapter and related to alcoholic liquor, they include:

(1)To solicit or receive an order.

(2)To keep or expose for sale.

(3)To deliver for value or in any way other than purely gratuitously.

(4)To peddle.

(5)To keep with intent to sell.

(6)To traffic in.

(7)For any consideration, promise or obtained directly or indirectly under any pretext or by any means or procure or allow to be procured for any other person.

(d)*Sale* includes every act of selling as defined in subsection

(c)of this section. 5-1-3 Prohibited Activity

(a)It shall be unlawful for any person to sell, trade or manufacture any alcoholic liquor on the Tribes' Reservation except as provided for in this Code.

(b)It shall be unlawful for any business establishment or person on the Tribes' Reservation to possess, transport or keep with intent to sell, barter or trade to another any liquor, except for those commercial liquor establishments on the Tribes' Reservation licensed by the Tribes, provided, however, that a person may transport liquor from a licensed establishment consistent with the terms of the license.

(c)It shall be unlawful for any person to consume alcoholic liquor on a public highway.

(d)It shall be unlawful for any person to publicly consume any alcoholic liquor at any community function, or at or near any place of business, Indian celebration grounds, recreational areas, including ballparks and public camping areas, the Tribal Headquarters area and any other area where minors gather for meetings or recreation, except within a tribally licensed establishment where alcohol is sold.

(e)It shall be unlawful for any person under the age of twenty-one

(21)years to buy, attempt to buy or to misrepresent their age in attempting to buy, alcoholic liquor. It shall be unlawful for any person under the age of twenty-one

(21)years to transport, possess or consume any alcoholic liquor on the Tribes' Reservation, or to be under the influence of alcohol or to be at an established commercial liquor establishment, except as authorized under Section 5-1-5 of this Code. No person shall sell or furnish alcoholic liquor to any minor.

(f)Alcoholic liquor may not be given as a prize, premium or consideration for a lottery, contest, game of chance or skill, or competition of any kind. 5-1-4 Procedure for License

(a)Any request for a license under this Code must be presented to the Tribal Council at least thirty

(30)days prior to the requested effective date. Tribal Council shall set license conditions at least as strict as those required by federal law, including at a minimum:

(1)Liquor may only be served and handled in a manner no less strict than allowed under Oregon Revised Statutes Chapter 471; and

(2)Liquor may only be served by staff of the licensee.

(b)Council action on a license request must be taken at a regular or special meeting. Unless the request is for a special event license, the Council shall give at least fourteen

(14)days' notice of the meeting at which the request will be considered. Notice shall be posted at the Tribal Council offices and at the establishment requesting the license, and will be sent by Certified Mail to the Oregon Liquor Control Commission. 5-1-5 Sale or Service of Liquor by Licensee's Minor Employees

(a)The holder of a license issued under this Code or Oregon Revised Statutes Chapter 472 may employ persons eighteen (18), nineteen

(19)and twenty

(20)years of age who may take orders for, serve and sell alcoholic liquor in any part of the licensed premises when that activity is incidental to the serving of food except in those areas classified by the Oregon Liquor Control Commission as being prohibited to the use of minors. However, no person who is eighteen (18), nineteen

(19)or twenty

(20)years of age shall be permitted to mix, pour or draw alcoholic liquor except when pouring is done as a service to the patron at the patron's table or drawing is done in a portion of the premises not prohibited to minors.

(b)Except as stated in this section, it shall be unlawful to hire any person to work in connection with the sale and service of alcoholic beverages in a tribally licensed liquor establishment if such person is under the age of twenty-one

(21)years. 5-1-6 Warning Signs Required

(a)Any person in possession of a valid retail liquor license, who sells liquor by the drink for consumption on the premises or sells for consumption off the premises, shall post a sign informing the public of the effects and risks of alcohol consumption during pregnancy.

(b)The sign shall:

(1)Contain the message: “Pregnancy and alcohol do not mix. Drinking alcoholic beverages, including wine, coolers and beer, during pregnancy can cause birth defects.”

(2)Be either:

(A)A large sign, no smaller than eight and one-half (8 1/2 ) inches by eleven

(11)inches in size with lettering no smaller than five-eighths of an inch ( 5/8 ) in height; or

(B)A reduced sign, five

(5)by seven

(7)inches in size with lettering of the same proportion as the large sign described in paragraph

(i)of this subsection.

(3)Contain a graphic depiction of the message to assist nonreaders in understanding the message. The depiction of a pregnant female shall be universal and shall not reflect a specific race or culture.

(4)Be in English unless a significant number of the patrons of the retail premises use a language other than English as a primary language. In such cases, the sign shall be worded both in English and the primary language or languages of the patrons.

(5)Be displayed on the premises of all licensed retail liquor premises as either a large sign at the point of entry, or a reduced sized sign at points of sale.

(c)The person described in paragraph

(a)of this section shall also post signs of any size at places where alcoholic beverages are displayed. 5-1-7 Civil Penalty

(a)Any person who violates the provisions of this Code is deemed to have consented to the jurisdiction of the Tribal Court and may be subject to a civil penalty in Tribal Court for a civil infraction. Such civil penalty shall not exceed the sum of one thousand dollars ($1,000) for each such infraction, provided, however, that the penalty shall not exceed five thousand dollars ($5,000) if it involves minors.

(b)The procedures governing the adjudication in Tribal Court of such civil infractions shall be those set out in the Trial Court rules.

(c)The Tribal Council hereby specifically finds that such civil penalties are reasonably necessary and are related to the expense of governmental administration necessary in maintaining law and order and public safety on the Reservation and in managing, protecting and developing the natural resources on the Reservation. It is the legislative intent of the Tribal Council that all violations of this Chapter, whether committed by tribal members, non-member Indians or non-Indians, be considered civil in nature rather than criminal. 5-1-8 Severability If a court of competent jurisdiction finds any provision of this Code to be invalid or illegal under applicable Federal or Tribal law, such provision shall be severed from this Code and the remainder of this Code shall remain in full force and effect. 5-1-9 Consistency With State Law The Tribes agree to perform in the same manner as any other Oregon business entity for the purpose of liquor licensing and regulations, including but not limited to licensing, compliance with the regulations of the Oregon Liquor Control Commission, maintenance of liquor liability insurance, which is incorporated as if specifically set forth herein, as it may be amended from time to time. 5-1-10 Effective Date

(a)This Code shall be effective upon publication in the **Federal Register** after approval by the Secretary of the Interior or his designee.

(b)Tribal Council may adopt amendments to this Code and those amendments shall be effective upon publication in the **Federal Register** after approval by the Secretary of the Interior or his designee. [FR Doc. E6-2590 Filed 2-22-06; 8:45 am] BILLING CODE 4310-4J-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Advisory Board for Exceptional Children; Correction AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of correction. SUMMARY: This document corrects the notice that was published in the **Federal Register** on February 15, 2006, 71 FR 8309, as follows: Correction On page 8309, in the third column under the ADDRESSES section, in the first sentence the city of the meeting place was incorrectly stated. The sentence is corrected to read “The meetings will be held at the Francisco Grande Hotel and Golf Resort, 26000 West Gila Bend Highway, Casa Grande, Arizona.” FOR FURTHER INFORMATION CONTACT: Lynann Barbero,

(505)248-7528. Dated: February 16, 2006. Debbie L. Clark, Acting Principal Deputy Assistant Secretary—Indian Affairs. [FR Doc. E6-2573 Filed 2-22-06; 8:45 am] BILLING CODE 4310-6W-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [OR-130-1020-PH; GP6-0078] Notice of Public Meeting, Eastern Washington Resource Advisory Council Meeting AGENCY: Bureau of Land Management, U.S. Department of the Interior. ACTION: Notice of public meeting. SUMMARY: In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management Eastern Washington Resource Advisory Council will meet as indicated below. DATES: The Eastern Washington Resource Advisory Council will meet Friday, March 31, 2006 at the Spokane District Office, Bureau of Land Management, 1103 North Fancher Road, Spokane Valley, Washington 99212-1275. SUPPLEMENTARY INFORMATION: The meeting will start at 8:30 a.m. and adjourn at 4 p.m. Topics on the meeting agenda include: District accomplishments 2005 and Focus for 2006, update on land exchanges, Forest Health and Stewardship, BLM/USFS Service First, District priorities and workforce planning. The meeting is open to the public, with an opportunity for public comment between 11:45 a.m. and 12:15 p.m. Information to be distributed to Council members for their review should be submitted, in writing, to the Spokane District Office prior to March 31. FOR FURTHER INFORMATION CONTACT: Sandra Gourdin or Kathy Helm, Bureau of Land Management, Spokane District Office, 1103 N. Fancher Road, Spokane Valley, Washington 99212, or call

(509)536-1200. Dated February 16, 2006. Gary J. Yeager, Acting District Manager. [FR Doc. E6-2562 Filed 2-22-06; 8:45 am] BILLING CODE 4310-33-P DEPARTMENT OF THE INTERIOR Minerals Management Service Environmental Documents Prepared for Proposed Oil and Gas Operations on the Gulf of Mexico Outer Continental Shelf

(OCS)AGENCY: Minerals Management Service, Interior. ACTION: Notice of the Availability of Environmental Documents. Prepared for OCS Mineral Proposals on the Gulf of Mexico OCS. SUMMARY: Minerals Management Service (MMS), in accordance with Federal Regulations that implement the National Environmental Policy Act (NEPA), announces the availability of NEPA-related Site-Specific Environmental Assessments

(SEA)and Findings of No Significant Impact (FONSI), prepared by MMS for the following oil and gas activities proposed on the Gulf of Mexico OCS. FOR FURTHER INFORMATION CONTACT: Public Information Unit, Information Services Section at the number below. Minerals Management Service, Gulf of Mexico OCS Region, Attention: Public Information Office (MS 5034), 1201 Elmwood Park Boulevard, Room 114, New Orleans, Louisiana 70123-2394, or by calling 1-800-200-GULF. SUPPLEMENTARY INFORMATION: MMS prepares SEAs and FONSIs for proposals that relate to exploration for and the development/production of oil and gas resources on the Gulf of Mexico OCS. These SEAs examine the potential environmental effects of activities described in the proposals and present MMS conclusions regarding the significance of those effects. Environmental Assessments are used as a basis for determining whether or not approval of the proposals constitutes major Federal actions that significantly affect the quality of the human environment in the sense of NEPA Section 102(2)(C). A FONSI is prepared in those instances where MMS finds that approval will not result in significant effects on the quality of the human environment. The FONSI briefly presents the basis for that finding and includes a summary or copy of the SEA. This notice constitutes the public notice of availability of environmental documents required under the NEPA Regulations. This listing includes all proposals for which the Gulf of Mexico OCS Region prepared a FONSI in the period subsequent to publication of the preceding notice. Activity/operator Location Date Forest Oil Corporation, Structure Removal SEA ES/SR 05-161 Eugene Island, Block 314, Lease OCS-G 01981, located 70 miles from the nearest Louisiana shoreline 11/29/2005 Southern Natural Gas Company, Structure Removal SEA ES/SR 05-160 Main Pass, Block 298, Lease OCS-G 01906, located 18 miles from the nearest Louisiana shoreline 12/1/2005 Energy Resource Technology, Inc., Structure Removal SEA ES/SR 05-162 East Cameron, Block 38, Lease OCS-G 02562, located 8 miles from the nearest Louisiana shoreline 12/5/2005 Apache Corporation, Structure Removal SEA ES/SR 05-156 Main Pass, Block 312, Lease OCS-G 16520, located 15 miles from the nearest Louisiana shoreline 12/5/2005 Northern Natural Gas Company, Structure Removal SEA ES/SR 05-155 Matagorda Island, Block 686, Lease OCS-G 04625, located 18 miles from the nearest Texas shoreline 12/14/2005 Walter Oil & Gas Corporation, Structure Removal SEA ES/SR 05-153 Grand Isle, Block 104, Lease OCS-G 14560, located 48 miles from the nearest Louisiana shoreline 12/16/2005 El Paso Production Oil & Gas Company, Structure Removal SEA ES/SR 05-157 Vermilion, Block 102, Lease OCS-G 03393, located 30 miles from the nearest Louisiana shoreline 12/16/2005 Nippon Oil Exploration U.S.A. Limited, Structure Removal SEA ES/SR 05-163 High Island, Block 140, Lease OCS 00518, located 20 miles from the nearest Texas shoreline 12/19/2005 Walter Oil & Gas Corporation, Structure Removal SEA ES/SR 05-165 High Island, Block 200, Lease OCS-G 09086, located 30 miles from the nearest Texas shoreline 12/19/2005 Millennium Offshore Group, Inc., Structure Removal SEA ES/SR 05-158 East Cameron, Block 192, Lease OCS-G 08650, located 70 miles from the nearest Louisiana shoreline 12/21/2005 Apache Corporation, Structure Removal SEA ES/SR 05-159 South Timbalier, Block 161, Lease OCS-G 01248, located 32 miles from the nearest Louisiana shoreline 12/21/2005 Marlin Energy Offshore, L.L.C., Structure Removal SEA ES/SR 05-142, 143, 144, 145, 146, 147, 148, 149, 150, and 151 South Timbalier, Block 21, Lease OCS-G 00263, located 4 miles from the nearest Louisiana shoreline 12/29/2005 Persons interested in reviewing environmental documents for the proposals listed above or obtaining information about SEAs and FONSIs prepared for activities on the Gulf of Mexico OCS are encouraged to contact MMS at the address or telephone listed in the FOR FURTHER INFORMATION section. Dated: January 18, 2006. Chris C. Oynes, Regional Director, Gulf of Mexico OCS Region. [FR Doc. E6-2555 Filed 2-22-06; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR National Park Service Notice of Inventory Completion: David Phelps Archaeology Laboratory of East Carolina University, East Carolina University, Greenville, NC AGENCY: National Park Service, Interior. ACTION: Notice. Notice is hereby given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects in the possession of the David Phelps Archaeology Laboratory of East Carolina University, East Carolina University, Greenville, NC. The human remains and associated funeray objects were removed from Bertie, Greene, Hertford, and Martin Counties, NC. This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice. A detailed assessment of the human remains was made by professional staff of the David Phelps Archaeology Laboratory of East Carolina University in consultation with representatives of the Tuscarora Nation of New York. In 1971 and 1978, human remains representing a minimum of 20 individuals were removed from the Jordan's Landing site (31 BR7), Bertie County, NC, during excavations conducted by East Carolina University professional staff and supervised field school students. No known individuals were identified. The 4,436 associated funerary objects are identified as 17 faunal bones, 8 triangular chipped stone projectile points, 1 hammerstone, 1 shell dipper, 4,288 marginella beads, 29 columnella shell beads, 86 shell disc beads, 1 shell pendent, a deposit of red ochre, 1 ceramic shred, and 2 bone pins. Based on the types of associated funerary objects, the human remains have been determined to be Native American. Based on geographic placement and later historic documentation, there are reasonable grounds to believe that the human remains are culturally affiliated with the Tuscarora Nation of New York. In 1971, human remains representing a minimum of one individual were removed from site 31MT16, Martin County, NC, during a cultural resource management survey conducted by East Carolina University professional staff. The human remains were highly fragmented in a midden deposit and commingled with faunal remains. No known individual was identified. No associated funerary objects were present. Based on archaeological evidence, the human remains have been determined to be Native American. Based on geographic placement, there are reasonable grounds to believe that the human remains are culturally affiliated with the Tuscarora Nation of New York. In 1972, human remains representing a minimum of 20 individuals were removed from the San Souci East site (31 BR5), Bertie County, NC, by an artifact collector and turned over the East Carolina University archeology lab. The human remains were highly fragmented and scattered. No known individuals were identified. The 388 associated funerary objects are identified as 3 faunal bones (2 deer antler dog/canine skull), 373 marginella beads, 4 bone pins, 2 bone awls, 4 bone pendants, and 2 bone needles. Based on the types of associated funerary objects, the human remains have been determined to be Native American. Based on the archeological evidence, the San Souci East site has been identified as a Late Prehistoric period occupation (A.D. 800-1650) (Ward & Davis, “Time Before History: The Archaeology of North Carolina”). Based on geographic placement and later historic documentation, there are reasonable grounds to believe that the human remains and cultural items are culturally affiliated with the Tuscarora Nation of New York. In 1983, highly fragmented human remains representing a minimum of one individual were removed from site 31HF30 in Hertford County, NC, by East Carolina University professional staff. No known individual was identified. No associated funerary objects were present. Based on archeological evidence, the human remains have been determined to be Native American. Based on geographic placement, there are reasonable grounds to believe that the human remains are culturally affiliated with the Tuscarora Nation of New York. In January 1990, human remains representing a minimum of seven individuals were removed from Fort Neoheroka (31GR4) in Greene County, NC, during excavations conducted by East Carolina University professional staff and supervised field school students. No known individuals were identified. No associated funerary objects were present. Based on archeological evidence and historical documentation, the human remains have been determined to be Native American. Based on geographic placement and historical documentation, there are reasonable grounds to believe that the human remains and associated funerary items are culturally affiliated with the Tuscarora Nation of New York. In 1992, highly fragmented human remains representing a minimum of 20 individuals were removed from the Kearney site (31GR84) in Greene, County, NC, by East Carolina University professional staff and a local artifact collector. No known individuals were identified. No associated funerary objects were present. Based on archeological evidence, the human remains have been determined to be Native American. Based on geographic placement, there are reasonable grounds to believe that the human remains and associated funerary items are culturally affiliated with the Tuscarora Nation of New York. Archeologists have long considered the North Carolina Coastal Plain to be comprised of distinct cultural and archeological areas. These areas generally are seen to coincide with tribal and linguistic groupings recognized by anthropologists who have studied the ethnographic records. The Coastal Plain can be divided into northern and southern regions. The northern region extends from the Neuse River basin to the Virginia state line and encompasses the area occupied by Algonkian- and Iroquoisan-speaking groups at the time of the arrival of the first English colonists. The Algonkians lived in the eastern Tidewater zone of the northern coast, whereas the Iroquois, represented by the Tuscaroras, occupied the interior coastal plain. The interior coastal plain region has been chronologically divided into two phases, which are the Mount Pleasant phase (500 B.C.-A.D. 800) and the Cashie phase (A.D. 800-A.D. 1715) (Ward & Davis). Based on the archeological evidence, the sites described above have been identified as a Middle (Mount Pleasant phase) to Late (Cashie phase) Woodland Period occupation. The Tuscaroras occupied this area from at least the Mount Pleasant phase until historical times. Descendants of the Tuscaroras are members of the Tuscarora Nation of New York. Officials of the Phelps Archaeology Laboratory at East Carolina University have determined that, pursuant to 25 U.S.C. 3001 (9-10), the human remains described above represent the physical remains of at least 70 individuals of Native American ancestry. Officials of the Phelps Archaeology Laboratory at East Carolina University also have determined that, pursuant to 25 U.S.C. 3001(3)(A), the 4,824 objects described above are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rate or ceremony. Lastly, officials of the Phelps Archaeology Laboratory at East Carolina University have determined that, pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated fragmented objects of the Tuscarora Nation of New York. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the human remains and/or associated funerary objects should contact Dr. Charles R. Ewen, Director, Archaeology Laboratories, Department of Anthropology, East Carolina University, telephone

(252)328-9454, before March 27, 2006. Repatriation of the human remains and associated funerary objects to the Tuscarora Nation of New York may proceed after that date if no additional claimants come forward. The Phelps Archaeology Laboratory of East Carolina University is responsible for notifying the Tuscarora Nation of New York that this notice has been published. Dated: February 9, 2006. Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. 06-1628 Filed 2-22-06; 8:45 am]

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