Notices. Notice: receipt of applications for five incidental take permits; request for comments
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BILLING CODE 6820-PE-M DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Construction of Six Single-Family Homes in Volusia County, FL AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice: receipt of applications for five incidental take permits; request for comments. SUMMARY: We, the Fish and Wildlife Service (Service), announce the availability of five Incidental Take Permit
(ITP)Applications and Habitat Conservation Plans
(HCPs)from the following four applicants: Formosa Homes, Inc., LaPalma Construction, Inc., Vincent Scorpio, and Today Homes Development, Inc. Each requests one or more ITPs for a duration of 2 years under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicants collectively anticipate taking a total of approximately 1.5 acres
(ac)of Florida scrub-jay ( *Alphelocoma coerulescens* )—occupied habitat incidental to constructing six single-family homes in Volusia County, Florida (Projects). The applicants' HCPs describe the mitigation and minimization measures the applicants propose to address the effects of the Projects to the scrub-jay. DATES: We must receive any written comments on the ITP applications and HCPs on or before April 9, 2007. ADDRESSES: If you wish to review the applications and HCPs, you may write the Field Supervisor at our Jacksonville Field Office, 6620 Southpoint Drive, South, Suite 310, Jacksonville, FL 32216, or make an appointment to visit during normal business hours. If you wish to comment, you may mail or hand deliver comments to the Jacksonville Field Office, or you may e-mail comments to * paula_sisson@fws.gov* . For more information on reviewing documents and public comments and submitting comments, see SUPPLEMENTARY INFORMATION . FOR FURTHER INFORMATION CONTACT: Paula Sisson, Fish and Wildlife Biologist, Jacksonville Field Office (see ADDRESSES ); *telephone:* 904/232-2580, ext. 126. SUPPLEMENTARY INFORMATION: Public Review and Comment Please reference permit numbers TE135675-0 for Formosa Homes, Inc.; TE145181-0 for LaPalma Construction, Inc.; TE143409-0 for Victor Scorpio; and TE143407-0 and TE143408-0 for Today Homes Development, Inc., in all requests or comments. Please include your name and return address in your e-mail message. If you do not receive a confirmation from us that we have received your e-mail message, contact us directly at the telephone number listed under FOR FURTHER INFORMATION CONTACT . 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. Background The Florida scrub-jay (scrub-jay) is found exclusively in peninsular Florida and is restricted to xeric uplands (predominately in oak-dominated scrub). Increasing urban and agricultural development has resulted in habitat loss and fragmentation, which have adversely affected the distribution and numbers of scrub-jays. The total estimated population is between 7,000 and 11,000 individuals. The decline in the number and distribution of scrub-jays in east-central Florida has been exacerbated by tremendous urban growth in the past 50 years. Much of the historic commercial and residential development has occurred on the dry soils which previously supported scrub-jay habitat. Much of this area of Florida was settled early because few wetlands restricted urban and agricultural development. Due to the effects of urban and agricultural development over the past 100 years, much of the remaining scrub-jay habitat is now relatively small and isolated. What remains is largely degraded due to the exclusion of fire, which is needed to maintain xeric uplands in conditions suitable for scrub-jays. Applicants' Proposals The four
(4)applicants are requesting take of approximately 1.5 ac of combined occupied scrub-jay habitat incidental to the construction of six single-family homes in Volusia County, Florida. Residential construction for one single-family home for Formosa Homes, Inc., is located within parcel #8115-00-00-0204, in Deltona, Florida. Residential construction for two single-family homes for LaPalma Construction, Inc., would occur within parcel #8009-05-04-0010; one single-family home for Vincent Scorpio would be located within parcel #8009-05-19-0400; and two single-family homes for Today Homes, Inc., would be located within parcels #8009-02-15-0190 and #8009-02-14-0340. All are located in Orange City, Florida. The lots combined encompass about 1.5 ac, and the footprint of the homes,infrastructure, and landscaping preclude retention of scrub-jay habitat. In order to minimize take on site, the applicants propose to mitigate for the loss of 1.5 ac of scrub-jay habitat by contributing a total of $70,974 ($12,045 from Formosa Homes, Inc.; $22,726 from LaPalma Construction, Inc.; $11,363 from Scorpio; and $24,840 from Today Homes, Inc.) to the Florida Scrub-jay Conservation Fund administered by The Nature Conservancy. Funds in this account are earmarked for use in the conservation and recovery of scrub-jays and may include habitat acquisition, restoration, and/or management. We have determined that the applicants' proposals, including the proposed mitigation and minimization measures, would have minor or negligible effects on the species covered in the HCPs. Therefore, the ITPs are “low-effect” projects and qualify for categorical exclusions under the National Environmental Policy Act (NEPA), as provided by the Department of the Interior Manual (516 DM 2 Appendix 1 and 516 DM 6 Appendix 1). This preliminary information may be revised based on our review of public comments that we receive in response to this notice. Low-effect HCPs are those involving
(1)minor or negligible effects on federally listed or candidate species and their habitats, and
(2)minor or negligible effects on other environmental values or resources. We will evaluate the HCPs and comments submitted thereon to determine whether the applications meet the requirements of section 10(a) of the Act (16 U.S.C. 1531 *et seq.* ). If we determine that the applications meet those requirements, we will issue the ITPs for incidental take of the Florida scrub-jay. We will also evaluate whether issuance of the section 10(a)(1)(B) ITPs complies with section 7 of the Act by conducting an intra-Service section 7 consultation. We will use the results of this consultation, in combination with the above findings, in the final analysis to determine whether or not to issue the ITPs. Authority: We provide this notice under Section 10 of the Endangered Species Act and NEPA regulations (40 CFR 1506.6). Dated: February 28, 2007. David L. Hankla, Field Supervisor, Jacksonville Field Office. [FR Doc. E7-4135 Filed 3-7-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Reviews of 71 Species in Oregon, Hawaii, Commonwealth of the Northern Mariana Islands, and Territory of Guam AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of review. SUMMARY: We, the U.S. Fish and Wildlife Service, announce the initiation of a 5-year review of 71 species under section 4(c)(2)(B) of the Endangered Species Act (Act). The purpose of a 5-year review is to ensure that the classification of a species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants is accurate and consistent with the best scientific and commercial data currently available. We are requesting submission of any such information that has become available since the original listing of each of the 71 species identified in Table 1 below. Based on the results of these 5-year reviews, we will determine whether any species should be proposed for removal from the list or its listing status should be changed pursuant to section 4(c)(2)(B) of the Act. DATES: We must receive your information no later than May 7, 2007. However, we will continue to accept new information about any listed species at any time. ADDRESSES: See “Public Solicitation of New Information” section for instructions on how to submit information. FOR FURTHER INFORMATION CONTACT: For species-specific information, contact the appropriate individual named in “Public Solicitation of New Information.” SUPPLEMENTARY INFORMATION: Why Is a 5-year Review Conducted? Under the Endangered Species Act
(Act)(16 U.S.C. 1531 *et seq.* ), we maintain a List of Endangered and Threatened Wildlife and Plants
(List)at 50 CFR 17.11 (for animals) and 17.12 (for plants). Section 4(c)(2)(A) of the Act requires that we conduct a review of listed species at least once every 5 years. Then, on the basis of such reviews under section 4(c)(2)(B), we determine whether or not any species should be removed from the List (delisted), or reclassified from endangered to threatened or from threatened to endangered. These Actions must be supported by the best scientific and commercial data available, delisting a species is considered only if such data substantiates that the species is neither endangered nor threatened for one or more of the following reasons:
(1)The species is considered extinct;
(2)the species is considered to be recovered; and/or
(3)the original data available when the species was listed, or the interpretation of such data, were in error (50 CFR 424.11(d)). Any change in Federal classification would require a separate rulemaking process. The regulations in 50 CFR 424.21 require that we publish a notice in the ** Federal Register ** announcing those species currently under active review. This notice announces our active review of the 71 species listed in Table 1. Table 1.—Summary of the Listing Information for the Following 71 Species in Oregon
(OR)[Hawaii (HI), Commonwealth of the Northern Mariana Islands (MP), and Territory of Guam (GU). Note: Common names are listed as published in the CFR and may not reflect all or current common names.] Common name Scientific name Status Where listed Final listing rule Animals Bat, little Mariana fruit *Pteropus tokudae* Endangered U.S.A.
(GU)49 FR 33881 (27-Aug-84). White-eye, Bridled
(Guam)*Zosterops conspicillatus conspicillatus* Endangered U.S.A.
(GU)49 FR 33881 (27-Aug-84). Rail, Guam *Rallus owstoni* Endangered U.S.A.
(GU)49 FR 33881 (27-Aug-84). Crow, Hawaiian *Corvus hawaiiensis* Endangered U.S.A.
(HI)32 FR 4001 (11-Mar-67). Duck, Hawaiian *Anas wyvilliana* Endangered U.S.A.
(HI)32 FR 4001 (11-Mar-67). Hawk, Hawaiian *Buteo solitarius* Endangered U.S.A.
(HI)58 FR 41684 (11-Mar-67). Moorhen, Mariana common *Gallinula chloropus guami* Endangered U.S.A. (GU, MP) 49 FR 33881 (27-Aug-84). Warbler, nightingale reed, (old world warbler) *Acrocephalus luscinia* Endangered U.S.A.
(MP)35 FR 18319 (02-Jun-70). Elepaio, Oahu *Chasiempis sandwichensis ibidis* Endangered U.S.A.
(HI)65 FR 20760 (19-Apr-00). Palila (honeycreeper) *Loxioides bailleui* Endangered U.S.A.
(HI)32 FR 4001 (11-Mar-67). Thrush, small Kauai *Myadestes palmeri* Endangered U.S.A.
(HI)32 FR 4001 (11-Mar-67). Snail, Newcomb's *Erinna newcombi* Endangered U.S.A.
(HI)65 FR 4162 (26-Jan-00). Moth, Blackburn's sphinx *Manduca blackburni* Endangered U.S.A.
(HI)65 FR 4770 (01-Feb-00). Chub, Oregon *Oregonichthys crameri* Threatened U.S.A.
(OR)58 FR 53800 (18-Oct-93). Plants No common name *Achyranthes mutica* Endangered U.S.A.
(HI)61 FR 53108 (10-Nov-96). Round-leaved chaff-flower *Achyranthes splendens* var. *rotundata* Endangered U.S.A.
(HI)51 FR 10518 (07-Apr-86). No common name *Alsinidendron trinerve* Endangered U.S.A.
(HI)56 FR 55770 (29-Oct-91). No common name *Alsinidendron viscosum* Endangered U.S.A.
(HI)61 FR 53070 (10-Oct-96). Mauna Loa Silversword *Argyroxiphium kauense* Endangered U.S.A.
(HI)58 FR 18029 (07-Apr-93). Kamanomano *Cenchrus agrimonioides* Endangered U.S.A.
(HI)61 FR 53108 (10-Oct-96). Haha *Cyanea acuminata* Endangered U.S.A.
(HI)61 FR 53089 (10-Oct-96). Haha *Cyanea asarifolia* Endangered U.S.A.
(HI)59 FR 9304 (25-Feb-94). No common name *Cyanea crispa* Endangered U.S.A.
(HI)59 FR 14482 (28-Mar-94). Haha *Cyanea hamatiflora ssp. carlsonii* Endangered U.S.A.
(HI)59 FR 10305 (04-Mar-94). Haha *Cyanea hamatiflora ssp. hamatiflora* Endangered U.S.A.
(HI)64 FR 48307 (03-Sep-99). Haha *Cyanaea longiflora* Endangered U.S.A.
(HI)61 FR 53089 (10-Oct-96). Haha *Cyanea shipmanii* Endangered U.S.A.
(HI)59 FR 10305 (04-Mar-94). Haiwale *Cyrtandra polyantha* Endangered U.S.A.
(HI)59 FR 14482 (28-Mar-94). Haiwale *Cyrtandra viridiflora* Endangered U.S.A.
(HI)61 FR 53089 (10-Oct-96). Naenae *Dubautia pauciflorula* Endangered U.S.A.
(HI)56 FR 47695 (20-Sep-91). Naenae *Dubautia plantaginea ssp. humilis* Endangered U.S.A.
(HI)64 FR 48607 (03-Sep-99). Mehamehame *Flueggea neowawraea* Endangered U.S.A.
(HI)59 FR 56333 (10-Nov-94). Na Pali beach hedyotis *Hedyotis st.-johnii* Endangered U.S.A.
(HI)56 FR 49639 (30-Sep-91). No common name *Hesperomannia arborescens* Endangered U.S.A.
(HI)59 FR 14482 (28-Mar-94). No common name *Hesperomannia arbuscula* Endangered U.S.A.
(HI)56 FR 55770 (29-Oct-91). Kauai hau kuahiwi *Hibiscadelphus distans* Endangered U.S.A.
(HI)51 FR 5903 (29-Apr-86). Mao hau hele *Hibiscus brackenridgei* Endangered U.S.A.
(HI)59 FR 56333 (10-Nov-94). Aupaka *Isodendrion laurifolium* Endangered U.S.A.
(HI)61 FR 53108 (10-Oct-96). Koki‘o *Kokia drynarioides* Endangered U.S.A.
(HI)49 FR 47394 (12-Apr-84). Kamakahala *Labordia lydgatei* Endangered U.S.A.
(HI)56 FR 47695 (20-Sep-91). Kamakahala *Labordia tinifolia var. wahiawaensis* Endangered U.S.A.
(HI)61 FR 53070 (10-Oct-96). Anaunau *Lepidium arbuscula* Endangered U.S.A.
(HI)61 FR 53089 (10-Oct-96). Nehe *Lipochaeta kamolensis* Endangered U.S.A.
(HI)57 FR 20772 (15-May-92). No common name *Lobelia gaudichaudii ssp. koolauensis* Endangered U.S.A.
(HI)61 FR 53089 (10-Oct-96). No common name *Lysimachia filifolia* Endangered U.S.A.
(HI)59 FR 9304 (25-Feb-94). Alani *Melicope haupuensis* Endangered U.S.A.
(HI)59 FR 9304 (25-Feb-94). Alani *Melicope knudsenii* Endangered U.S.A.
(HI)59 FR 9304 (25-Feb-94). Alani *Melicope lydgatei* Endangered U.S.A.
(HI)59 FR 14482 (28-Mar-94). Aiea *Nothocestrum peltatum* Endangered U.S.A.
(HI)59 FR 9304 (25-Feb-94). No common name *Phyllostegia knudsenii* Endangered U.S.A.
(HI)61 FR 53070 (10-Oct-96). No common name *Phyllostegia mollis* Endangered U.S.A.
(HI)56 FR 55770 (29-Oct-91). No common name *Phyllostegia wawrana* Endangered U.S.A.
(HI)61 FR 53070 (10-Oct-96). No common name *Platanthera holochila* Endangered U.S.A.
(HI)61 FR 53108 (10-Oct-96). Loulu *Pritchardia remota* Endangered U.S.A.
(HI)61 FR 43178 (21-Aug-96). Loulu *Pritchardia schattaueri* Endangered U.S.A.
(HI)61 FR 53137 (10-Oct-96). Maui remya *Remya mauiensis* Endangered U.S.A.
(HI)56 FR 1450 (14-Jan-91). No common name *Schiedea kauaiensis* Endangered U.S.A.
(HI)61 FR 53108 (10-Oct-96). No common name *Schiedea nuttallii* Endangered U.S.A.
(HI)61 FR 53108 (10-Oct-96). No common name *Schiedea verticillata* Endangered U.S.A.
(HI)61 FR 43178 (21-Aug-96). Aiakeakua, popolo *Solanum sandwicense* Endangered U.S.A.
(HI)59 FR 9304 (30-Oct-92). No common name *Stenogyne campanulata* Endangered U.S.A.
(HI)57 FR 20580 (13-May-92). No common name *Tetramolopium lepidotum ssp. lepidotum* Endangered U.S.A.
(HI)56 FR 55770 (29-Oct-91). Thelypody, Howell’s Spectacular *Thelypody howellii var. spectabilis* Threatened U.S.A.
(OR)64 FR 28393 (26-MAY-99). No common name *Trematalobelia singularis* Endangered U.S.A.
(HI)61 FR 53089 (10-Oct-96). Nani waialeale *Viola kauaensis var. wahiawaensis* Endangered U.S.A.
(HI)61 FR 53070 (10-Oct-96). No common name *Xylosma creantum* Endangered U.S.A.
(HI)57 FR 20580 (13-May-92). Ae *Zanthoxylum dipetalum var. tomentosum* Endangered U.S.A.
(HI)51-FR 53137 (25-Sep-96). Pauoa *Ctenitis squamigera* Endangered U.S.A.
(HI)59 FR 49025 (26-Sep-94). No common name *Diellia erecta* Endangered U.S.A.
(HI)59 FR 56333 (25-Sep-96). Wawaeiole *Phlegmariurus (=Huperzia) nutans* Endangered U.S.A.
(HI)59 FR 14493 (28-Mar-94). No common name *Pteris lydgatei* Endangered U.S.A.
(HI)59 FR 49025 (26-Sep-94). What Information Is Considered in the Review? A 5-year review considers all new information available at the time of the review. In conducting these reviews, we consider the best scientific and commercial data that has become available since the current listing determination or most recent status review, such as: A. Species biology including, but not limited to, population trends, distribution, abundance, demographics, and genetics; B. Habitat conditions including, but not limited to, amount, distribution, and suitability; C. Conservation measures that have been implemented that benefit the species; D. Threat status and trends (see five factors under heading “How Do We Determine Whether a Species is Endangered or Threatened?”); and E. Other new information, data, or corrections including, but not limited to, taxonomic or nomenclatural changes, identification of erroneous information contained in the List, and improved analytical methods. How Do We Determine Whether a Species Is Endangered or Threatened? Section 4(a)(1) of the Act requires that we determine whether a species is endangered or threatened based on one or more of the five following factors: A. The present or threatened destruction, modification, or curtailment of its habitat or range; B. Overutilization for commercial, recreational, scientific, or educational purposes; C. Disease or predation; D. The inadequacy of existing regulatory mechanisms; or E. Other natural or manmade factors affecting its continued existence. Our assessment of these factors is required, under section 4(b)(1) of the Act, to be based solely on the best scientific and commercial data available. What Could Happen as a Result of This Review? If we find information concerning the 71 species listed in Table 1 indicating that a change in classification may be warranted, we may propose a new rule that could do one of the following:
(a)Reclassify the species from threatened to endangered;
(b)reclassify the species from endangered to threatened; or
(c)remove the species from the List. If we find that a change in classification is not warranted, the species will remain on the List under its current status. Public Solicitation of New Information To ensure that these 5-year reviews are complete and based on the best available scientific and commercial information, we solicit new information from the public, governmental agencies, Tribes, the scientific community, environmental entities, industry, and any other interested parties concerning the status of the species. If you wish to provide information for any species included in these 5-year reviews, submit your comments and materials to the Field Supervisors at the appropriate Fish and Wildlife Office listed below. Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Respondents may request that we withhold a respondent's identity, as allowable by law. If you wish us to withhold your name or address, you must state this request prominently at the beginning of your comment. To the extent consistent with applicable law, 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. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the offices where the comments are submitted. For the species under review, submit information and direct species specific questions to the addresses and individuals as follows: For the Oregon chub and the Howell's spectacular thelypody, submit information to the following address: Field Supervisor, Attention: 5-Year Review, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266, or at *FW1OR5yearReview@fws.gov.* For information concerning these species, Contact Rollie White at 503-231-6179. For the species in Hawaii, Commonwealth of the Northern Mariana Islands, and Territory of Guam, submit information to the following address: Field Supervisor, Attention: 5-Year Review, U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Blvd., Room 3-122, Box 50088, Honolulu, HI 96850, or at *pifwo-5yr-review@fws.gov* . For information concerning these species, contact Marilet A. Zablan at 808-792-9400. Authority: This document is published under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Dated: February 1, 2007. David J. Wesley, Acting Regional Director, Region 1, U.S. Fish and Wildlife Service. [FR Doc. E7-3624 Filed 3-7-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the Copper Mountain College Habitat Conservation Plan, San Bernardino, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: The Copper Mountain Community College District (District) has applied to the Fish and Wildlife Service (Service or “we”) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). We are considering issuing a 16-year permit to the District that would authorize take of the federally threatened desert tortoise ( *Gopherus agassizii* ) incidental to otherwise lawful activities associated with the expansion of their existing campus onto 71.57 acres of their 156.53-acre property. We are requesting comments on the permit application, Habitat Conservation Plan (Plan), Environmental Assessment (EA), and Implementing Agreement (IA). The District's Plan describes the mitigation and minimization measures they would implement, as required in Section 10(a)(2)(B) of the Act, to address the effects of the project on the desert tortoise (see SUPPLEMENTARY INFORMATION ). The EA describes the project's impacts on the human environment and analyzes the significance of those impacts. The IA describes the roles and responsibilities of District, the Service, and Joshua Tree National Park
(Park)in implementation of the Plan. The draft Plan, EA, and IA are available for public review. DATES: Written comments should be received on or before May 7, 2007. ADDRESSES: Please address written comments to Diane K. Noda, Field Supervisor, Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, California 93003. You may also send comments by facsimile to 805-644-3958. FOR FURTHER INFORMATION CONTACT: Brian Croft, Fish and Wildlife Biologist, (see ADDRESSES ) telephone: 805-644-1766, extension 302. SUPPLEMENTARY INFORMATION: Availability of Documents You may obtain copies of these documents for review by contacting the office under ADDRESSES . Documents also will be available for public inspection, by appointment, during normal business hours at our Ventura office (see ADDRESSES ) and at the Joshua Tree Public Library. The address for the Joshua Tree Public Library is 6465 Park Blvd., Joshua Tree, California 92252. These documents are also available on the Ventura Fish and Wildlife Office internet site: *http://www.fws.gov/ventura.* Background Section 9 of the Act and Federal regulations prohibit the “take” of fish or wildlife species listed as endangered or threatened, respectively. Take of listed fish or wildlife is defined under the Act to mean to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. However, the Service, under limited circumstances, may issue permits to cover incidental take, (i.e., take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species are found at 50 CFR 17.32 and 17.22, respectively. Among other criteria, issuance of such permits must not jeopardize the existence of federally listed fish, wildlife, or plants. The proposed Copper Mountain College Expansion Project is 156.53 acres in the unincorporated community of Joshua Tree, San Bernardino County, California. The District proposes to expand the Copper Mountain Community College campus from the existing 8.59 acres onto 71.57 acres that it owns in adjacent areas. It would begin the phased construction with a solar field immediately after permit issuance, followed by a multi-use sports complex, various roads, and a parking area in 2007. During the next 12 years, the District would construct additional parking lots, new sports fields, additional classroom facilities, and other buildings on the remaining portions of the 71.57-acre site. The District proposes to implement measures to minimize adverse effects to the desert tortoise during construction and operation of these facilities, additional measures to mitigate adverse effects, and post-construction measures to minimize indirect effects from ongoing use of the new facilities. To minimize adverse effects to the desert tortoise and its habitat, the District would provide on-site biological monitoring during construction, perform pre-project clearance surveys, conduct a desert tortoise education program for project personnel, and use desert tortoise exclusion fencing to prevent desert tortoises from entering work areas. In addition, the District would meet a schedule of reporting requirements and appoint a field contact representative to oversee compliance. After permit issuance, the District would also establish an 84.96-acre desert tortoise translocation area (Translocation Area) on land that it owns immediately adjacent to the 71.57-acre project site. The District would manage this Translocation Area as a habitat preserve and fund the maintenance and monitoring of the desert tortoises that are translocated there during Project Site development. To mitigate adverse effects, the District would purchase an 80-acre private in-holding in the Thermal Canyon area of Joshua Tree National Park. The District would transfer this parcel to Joshua Tree National Park and provide funds to assure adequate management for desert tortoise conservation on the 80-acre site. The District would also implement one of the following mitigation measures within 12 months following permit issuance:
(1)Provide funding to a designated management entity for the improved management of desert tortoise habitat on a 605-acre desert park near Coyote Hole Spring or
(2)provide funding to the Desert Tortoise Preserve Committee for the acquisition and management of 30-acres of desert tortoise habitat at the Desert Tortoise Natural Area. The District is providing this additional mitigation because habitat on the 80-acre Thermal Canyon parcel is of lower quality than habitat the District would disturb on the project site. The EA considers the environmental consequences of two alternatives, including:
(1)The No Action Alternative, which consists of no campus expansion, no mitigation, and no permit issuance and
(2)the Project Development Alternative to the taking, which consists of the development of the project site and implementation of the minimization and mitigation measures described in the previous paragraphs. Under the Project Development Alternative, a third party would be selected to work as the District's agent under their incidental take permit within 12 months of initial permit issuance. This would cover the third party for take during management of some mitigation lands described in the Plan. Public Review and Comment We are providing this notice pursuant to section 10(a) of the Act and the regulations of the National Environmental Policy Act
(NEPA)of 1969 (40 CFR 1506.6). All comments that we receive, including names and addresses, will become part of the official administrative record and may be made available to the public. We will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of NEPA regulations and section 10(a) of the Act. If we determine that those requirements are met, we will issue a permit to the District for the incidental take of desert tortoises. We will make our final permit decision no sooner than 60 days from the date of this notice. If you wish to comment on the permit application, draft EA, Plan, or IA you may submit your comments to the address listed in the ADDRESSES section of this document. Our practice is to make comments, including names, home addresses, etc., of respondents available for public review. Individual respondents may request that we withhold their names and/or home addresses, etc., but if you wish us to consider withholding this information, you must state this prominently at the beginning of your comments. In addition, you must provide a rationale demonstrating and documenting that disclosure would constitute a clearly unwarranted invasion of privacy. In the absence of exceptional, documented circumstances, we will release this information. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, are available for public inspection in their entirety. Dated: March 2, 2007. Polly Wheeler, Acting Deputy Manager, California/Nevada Operations Office, Sacramento, California. [FR Doc. E7-4138 Filed 3-7-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Minerals Management Service Notice Terminating the Exclusion of Indian Allotted Leases in the Uintah and Ouray Reservation From Valuation Under 30 CFR 206.172 AGENCY: Minerals Management Service, Interior. ACTION: Notice. SUMMARY: The Minerals Management Service
(MMS)with Bureau of Indian Affairs
(BIA)concurrence is terminating the exclusion from valuation under the rules at 30 CFR 206.172 for gas produced from the Ute allotted leases in the Uintah and Ouray Reservation (Reservation), Utah. The final rule was published in the **Federal Register** on August 10, 1999 (64 FR 43506). DATES: *Effective Date:* May 1, 2007. FOR FURTHER INFORMATION CONTACT: John Barder, Manager, San Juan Basin Region, Indian Oil and Gas Compliance and Asset Management, Minerals Revenue Management, Minerals Management Service, P.O. Box 25165, MS 396B2, Denver, CO 80225-0165, telephone number
(303)231-3702, fax number
(303)231-3755, e-mail *john.barder@mms.gov.* SUPPLEMENTARY INFORMATION: The MMS published in the **Federal Register** on August 10, 1999 (64 FR 43506), a final rule titled “Amendments to Gas Valuation Regulations for Indian Leases” with an effective date of January 1, 2000. Indian leases in the Reservation were excluded from index-based valuation (§ 206.172). This exclusion was based on the results of a cost benefit analysis MMS performed in 1999. In the 1999 cost benefit analysis, MMS estimated individual Indian mineral owners would receive more revenue under the non-index-based valuation methodology (§ 206.174) than under the index-based valuation methodology (§ 206.172). Effective January 2000, MMS has valued gas production from the Reservation under the non-index-based valuation methodology at § 206.174. However, MMS recently performed a cost benefit analysis for calendar years 2004 through 2005 and estimated that revenues using the index-based valuation formula at § 206.172 exceed the estimated revenues using the non-index-based valuation method at § 206.174. Therefore, as required under § 206.172(g), MMS received written concurrence from BIA to terminate the exclusion from index-based valuation of gas production from Indian allotted leases in the Reservation. As a result, gas production from Ute allotted leases in the Reservation must be valued under the index-based valuation method (§ 206.172), beginning with production on the first day of the second month following the date MMS publishes notice of its decision in the **Federal Register** . Lessees must value gas production from Ute allotted leases in the Reservation on the index-based valuation formula at § 206.172(d) using MMS-approved publications and indexes for the Central Rocky Mountain Index Zone to determine the index zone price; or lessees may obtain the index-based values from the MRM Internet Web site at: *http://www.mrm.mms.gov.* Approved publications and index pricing points for the Central Rocky Mountain Index Zone are shown in the following table: Approved Publications and Index Pricing Points for the Central Rocky Mountain Index Zone Index zone MMS-approved publications Platts gas daily price guide NGI's bidweek survey Index-pricing points Central Rocky Mountains X Kern River Gas Trans. Co. for Wyoming. X Northwest Pipeline Corp. for Rocky Mountains. X Questar Pipeline Co. for Rocky Mountains. X Colorado Interstate Gas Co. for Rocky Mountains. X Rocky Mountains • CIG. • Questar. • Kern River. • Northwest Domestic. Dated: January 16, 2007. Lucy Querques Denett, Associate Director for Minerals, Revenue Management. [FR Doc. E7-4150 Filed 3-7-07; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR National Park Service 60-Day Notice of Intention To Request Clearance of Collection of Information; Opportunity for Public Comment AGENCY: Department of the Interior, National Park Service. ACTION: Notice and request for comments. SUMMARY: Under provisions of the Paperwork Reduction Act of 1995 and 5 CFR part 1320, Reporting and Recordkeeping Requirements, the National Park Service
(NPS)invites public comments on an extension of a currently approved collection of information (OMB No. 1024-0236). DATES: Public comments on the proposed Information Collection Request
(ICR)will be accepted on or before May 7, 2007. ADDRESSES: *Send Comments To:* Dr. John G. Dennis, Natural Resources (Room 1160), NPS, 1201 Eye Street, NW., Washington, DC 20005; Phone: 202/513-7174; fax: 202/371-2131; e-mail *WASO_NRSS_researchcoll@nps.gov* . Also, please send a copy of your comments to Leonard Stowe, Information Collection Clearance Officer, NPS, 1849 C St., NW (2605), Washington, DC 20240, or by e-mail at *Leonard_Stowe@nps.gov* . All responses to this notice will be summarized and included in the request for the Office of Management and Budget
(OMB)approval. All comments will become a matter of public record. FOR FURTHER INFORMATION CONTACT: Bill Commins, NPS, Natural Resources (Room 25), 1201 Eye St., NW., Washington, DC 20005. Phone 202/513-7166; Fax: 202/317-2131; E-mail: *bill_commins@nps.gov* . You may obtain additional information about the application and annual reporting forms and existing guidance and explanatory material from the NPS Research Permit and Reporting System Web site at: *http://science.nature.nps.gov/research* . You are entitled to a copy of the entire ICR package free of charge. SUPPLEMENTARY INFORMATION: *Title:* Research Permit and Reporting System Collection of Information Package: Application for a Scientific Research and Collecting Permit: Application for a Science Education Permit; Investigator's Annual Report. *Bureau Form Number(s):* Application for a Scientific Research and Collecting Permit: 10-741a; Application for a Science Education Permit: 10-741b; Investigator's Annual Report: 10-226. *OMB Number:* 1024-0236. *Expiration Date:* 6/30/2007. *Type of Request:* Revision of a previously approved information collection. *Description of Need:* The currently approved information collection responds to the statutory requirement that NPS preserve park resources and regulate the use of units of the National park System. The information currently collected identifies:
(1)Names and business contact information for people who seek a permit to conduct natural or social science research and collection activities in individual units of the National Park System,
(2)what activities they wish to conduct,
(3)where they wish to conduct the activities,
(4)whether or not they wish to collect specimens as part of the activities they propose to conduct, and
(5)for applicants who have received a permit, annual summaries of the actual results of their permitted activities. NPS uses the collected information for managing the use and preservation of park resources and for reporting the status of permitted research and collecting activities. NPS is considering proposing to develop the Internet software for, and implement, the Application for a Science Education Permit that OMB reviewed and approved in 2004. NPS is proposing to leave the current Application for a Scientific Research and Collecting Permit and the Investigator's Annual Report collection of information forms largely unchanged unless responses to this request for comments identify areas in the two collections of information that warrant change. In response to suggestions for changes identified prior to and during the review of this information collection package in 2004, NPS added entries to obtain more specific information about project scope and status, including expected total time span of the project, specific identification of project personnel who will be working in the park, status of processing of collected specimens, planned schedules for the field work phases of the project, and expected end date for the project. NPS also split the Application into two versions to improve the ability to use the Internet to process applications for both scientific research and collecting and scientific education activities, but has not yet modified the Internet software to implement the science education component. NPS changed the scientific research and collecting application to improve the clarity of information provided to, and obtained from, respondents who request use of a non-NPS repository regarding the duty the respondents have for securing acceptance by the proposed non-NPS repository of becoming responsible for collections authorized in the permit. NPS changed the Investigator's Annual Report to reduce the complexity of the form by assigning responsibility to NPS, not the respondent, for determining the appropriate activity code for each permitted project. NPS also designed the Investigator's Annual Report to accommodate in a single form progress reports from both science research and collecting and science education permittees. At this time, NPS is not proposing to make any changes to any of these three collections of information. NPS is considering updating some of the guidance documents and specifically is considering creating a separate guidance document regarding science education activities. NPS specifically requests comments on the clarity and utility of the guidance documents and on desired content of a separate guidance document for the science education activities. NPS also is considering whether to create a new component of this collection of information package specifically to offer users of the Internet site an opportunity to provide comments online regarding the usability of the Internet site and working relationships with parks in which permittees conduct science activities. Based on growth in use of this collection of information system over the past six years, NPS is proposing to request an increase in the burden hour budget. At the onset of the system, NPS estimated that there would be approximately 3,000 applications and 3,000 Investigator's Annual Reports submitted each year. The average numbers reported for 2004 and 2005 permitted activities, which are the latest two years with complete information for numbers of active permits and submitted Investigator's Annual Reports, show 4,472 studies per year under permit, 5,046 active permits per year, and 3,657 Investigator's Annual Reports. Experience with using this system shows that, for a variety of reasons related to both applicants and parks, a number of studies apply for and obtain more than one permit per year for the same study while other studies receive permits that are active for more than one year at a time. These situations lead to the result that there are more active permits in a year than there are active studies. Comments are invited on:
(1)The practical utility of the information being gathered;
(2)the validity and accuracy of the reporting burden hour estimate;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden to respondents, including use of automated information collection techniques or other forms of information technology. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made public available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. *Automated Data Collection:* The information collection and status reporting system for which the renewal of three components of a single collection of information package is being proposed in this notice currently is available to applicants, permittees, and the public through the NPS Research Permit and Reporting System Web site ( *http://science.nature.nps.gov/research* ). In addition to considering the renewal of the three information collection forms without changes, NPS is considering what development of modifications to the Internet site, if any, are needed to increase the effectiveness and efficiency of this automation system to facilitate the permit application and progress reporting process. If NPS were to adopt a component by which users could provide comments to NPS, NPS would make that component available online through the Internet site. *Description of Respondents:* Representatives of: Academic and other research institutions, Federal, state, or local agencies, research businesses; other scientific parties seeking an NPS research and collecting or science education permit; permittees who submit the annual report of accomplishment that is one of the permit conditions. *Estimated Average Number of Respondents:* NPS estimates the average number of respondents to be 6,500 by 2010. *Estimated Average Number of Responses:* NPS estimates an average number of 13,000 responses by 2010. *Estimated Average Burden Hours Per Two-Part Response:* 1,625 hours per year total for responding to both parts of this collection of information was the estimate in 2004. NPS does not expect this burden hour estimate to change, even if the proposed opportunity for permit system users to offer comments to NPS is adopted, because returning users are expected to be able to spend less time on the two existing parts and the goal for the collection of information for the comments is to make that collection of information short and focused. *Frequency of Response:* 2 times per respondent per year—once to submit the application and once to submit the Investigator's Annual Report. A small number of respondents is expected to submit a third response, should the proposed collection of information for comments be added to the system. *Estimated Annual Reporting Burden:* NPS estimates the estimated annual reporting burden will be 10,560 hours by the year 2010. Dated: February 7, 2007. Leonard E. Stowe, NPS, Information Collection Clearance Officer. [FR Doc. 07-1079 Filed 3-7-07; 8:45 am]
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7 references not yet in our index
- 40 CFR 1506.6
- 50 CFR 17.11
- 50 CFR 424.11(d)
- 50 CFR 424.21
- 50 CFR 17.32
- 30 CFR 206.172
- 5 CFR 1320
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Notice: receipt of applications for five incidental take permits; request for comments
Cite40 CFR 1506.6
Cite50 CFR 17.11
Cite50 CFR 424.11(d)
Cite50 CFR 424.21
Cite50 CFR 17.32
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