Notices. 60-Day Notice and request for comments; Extension of an existing information collection 1601-0004, DHS Form 7001

15,281 words·~69 min read·/register/2007/09/26/07-4738

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Arthritis and Musculoskeletal and Skin Disease; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended.

The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable materials, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Arthritis and Musculoskeletal and Skin Diseases Special Emphasis Panel, Rheumatic Disease Clinical Trial. *Date:* October 2, 2007. *Time:* 2 p.m. to 3 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Democracy One, 6701 Democracy Boulevard, 800, Bethesda, MD 20892, (Telephone Conference Call). *Contact Person:* Kan Ma, PhD, Scientific Review Administrator, NIH/NIAMS, EP Review Branch, One Democracy Plaza Suite 800, Bethesda, MD 20892-4872, 301-594-4952, *mak2@mail.nih.gov.* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* National Institute of Arthritis and Musculoskeletal and Skin Diseases Special Emphasis Panel, Musculoskeletal Diseases Clinical Trial Planning Grants. *Date:* October 9, 2007. *Time:* 10 a.m. to 12 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, One Democracy Plaza, 6701 Democracy Boulevard, Bethesda, MD 20892, (Telephone Conference Call). *Contact Person:* Kan Ma, PhD, Scientific Review Administrator, NIH/NIAMS, EP Review Branch, One Democracy Plaza Suite 800, Bethesda, MD 20892-4872, 301-594-4952, *mak2@mail.nih.gov.* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* National Institute of Arthritis and Musculoskeletal and Skin Diseases Special Emphasis Panel, Multidisciplinary Clinical Research Centers—(P60). *Date:* October 18-19, 2007. *Time:* 8 a.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Marriott Courtyard Washington Center, 204 Boardwalk Place, Boardwalk Place, 204, Gaithersburg, MD 20878. *Contact Person:* Charles H Washabaugh, PhD, Scientific Review Administrator, Review Branch, NIAMS/NIH, 6701 Democracy Blvd, Room 816, Bethesda, MD 20892, 301-451-4838, *washabac@mail.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS) Dated:

September 18, 2007. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. 07-4738- Filed 9-25-07:8:45am] BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY Office of the Citizenship and Immigration Services Ombudsman; DHS CIS Ombudsman Case Problem Submission AGENCY: Office of the Citizenship and Immigration Services Ombudsman, DHS. ACTION: 60-Day Notice and request for comments; Extension of an existing information collection 1601-0004, DHS Form 7001.

SUMMARY: The Department of Homeland Security, Office of the Citizenship and Immigration Services Ombudsman, submits this extension for the following information collection request

(ICR)to the Office of Management and Budget

(OMB)for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). The Office of the Citizenship and Immigration Services Ombudsman is soliciting comments concerning an extension to an existing information collection, DHS CIS Ombudsman Case Problem Submission, DHS Form 7001. DATES: Comments are encouraged and will be accepted until November 26, 2007. This process is conducted in accordance with 5 CFR 1320.1 ADDRESSES: Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), Office of the CIS Ombudsman, Director of Communications, Mail Stop 1225, Washington, DC 20528-1225. Comments may also be submitted to DHS via facsimile to 202-272-8352, 202-357-0042 or via e-mail at *rfs.regs@dhs.gov* or *cisombudsman@dhs.gov.* FOR FURTHER INFORMATION CONTACT: If additional information is required contact: the Department of Homeland Security (DHS), Office of the CIS Ombudsman, Director of Communications, Mail Stop 1225, Washington, DC 20528-1225, 202-357-8100. SUPPLEMENTARY INFORMATION: The Department of Homeland Security, Office of the Deputy Secretary, Office of the Citizenship and Immigration Services Ombudsman (CISOMB), collects information to receive and process correspondence received from individuals, employers, and their designated representatives to:

(1)Assist individuals and employers in resolving problems during interactions with U.S. Citizenship and Immigration Services (USCIS);

(2)identify areas in which individuals and employers have problems in dealing with USCIS; and

(3)and to the extent possible, propose changes to mitigate problems as mandated by the Homeland Security Act of 2002, section 452. The Office of Management and Budget is particularly interested in comments which: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and; 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Analysis *Agency:* Department of Homeland Security, Office of the Citizenship and Immigration Services Ombudsman. *Title:* DHS CIS Ombudsman Case Problem Submission. *OMB Number:* 1601-0004. *Frequency:* One-time response. *Affected Public:* Individuals or Households. This information collection is necessary for CISOMB to identify problem areas, propose changes, and assist individuals experiencing problems during adjudication of an immigrant benefit with USCIS. *Number of Respondents:* 2,600 respondents. *Estimated Time per Respondent:* 1 Hour per response. *Total Burden Hours:* 2,600 annual burden hours. *Total Burden Cost (capital/startup):* $0.00. *Total Burden Cost (operating/maintaining):* $0.00. Scott Charbo, Chief Information Officer. [FR Doc. E7-19034 Filed 9-25-07; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1727-DR] Iowa; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the State of Iowa (FEMA-1727-DR), dated September 14, 2007, and related determinations. DATES: *Effective Date:* September 14, 2007. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, Washington, DC 20472,

(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated September 14, 2007, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows: I have determined that the damage in certain areas of the State of Iowa resulting from severe storms and flooding during the period of August 17 to September 5, 2007, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the State of Iowa. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Public Assistance in the designated areas, Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act that you deem appropriate. Direct Federal assistance is authorized. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation will be limited to 75 percent of the total eligible costs. Federal funds provided under the Stafford Act for Public Assistance also will be limited to 75 percent of the total eligible costs, except for any particular projects that are eligible for a higher Federal cost-sharing percentage under the FEMA Public Assistance Pilot Program instituted pursuant to 6 U.S.C. 777. If Other Needs Assistance under Section 408 of the Stafford Act is later warranted, Federal funding under that program also will be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The Federal Emergency Management Agency

(FEMA)hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Justin A. Dombrowski, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. The following areas of the State of Iowa have been designated as adversely affected by this declared major disaster: Allamakee, Appanoose, Boone, Calhoun, Cherokee, Davis, Humboldt, Mahaska, Palo Alto, Pocahontas, Van Buren, Wapello, Wayne, and Webster Counties for Public Assistance, including direct Federal assistance, if warranted. All counties within the State of Iowa are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers

(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the Public Assistance program for the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of August 24, 2007. Canadian, Cleveland, Comanche, Custer, Grady, Kiowa, Okfuskee, Oklahoma, Okmulgee, Pottawatomie, Seminole, and Stephens Counties for Individual Assistance. Canadian, Cleveland, Comanche, Cotton, Custer, Dewey, Garvin, Grady, Kiowa, Logan, McClain, Okfuskee, Okmulgee, Pottawatomie, Seminole, Stephens, and Washita Counties for Public Assistance. Blaine, Caddo, and Kingfisher Counties for Public Assistance (already designated for Individual Assistance). (The following Catalog of Federal Domestic Assistance Numbers

(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident period for this disaster is closed effective September 12, 2007. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050, Individuals and Households Program—Other Needs; 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E7-19004 Filed 9-25-07; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Reinstatement and Revision of a Previously Approved Form ACTION: 60-day notice of information collection under review; Form I-485: Supplement C, HRIFA Supplement to Form I-485; OMB Control No. 1615-New. The Department of Homeland Security, U.S. Citizenship and Immigration Services has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until November 26, 2007. Written comments and suggestions regarding items contained in this notice and especially with regard to the estimated public burden and associated response time should be directed to the Department of Homeland Security (DHS), USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, NW., 3rd floor, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352, or via e-mail at *rfs.regs@dhs.gov* . When submitting comments by e-mail please add the OMB Control Number 1615-New in the subject box. Written comments and suggestions from the public and affected agencies concerning the collection of information should address one or more of the following four points:

(1)Evaluate whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agencies estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. Overview of This Information Collection

(1)*Type of Information Collection:* Reinstatement and revision of a previously approved form.

(2)*Title of the Form/Collection:* HRIFA Supplement to Form I-485.

(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form I-485 Supplement C; U.S. Citizenship and Immigration Services.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* Primary: Individuals or households. The information provided on the Form I-485 Supplement C, in combination with the information collected on Form I-485 (Application to Register Permanent Resident or Adjust Status), is necessary in order for the U.S. Citizenship and Immigration Services (USCIS) to make a determination that the adjustment of status eligibility requirements and conditions are met by the applicant of Haitian nationality pursuant to HRIFA.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 2,000 respondents at 30 minutes per response.

(6)*An estimate of the total public burden (in hours) associated with the collection:* 1,000 annual burden hours. If you have additional comments, suggestions, or need a copy of the information collection instrument, please visit the USCIS Web site at: *http://www.regulations.gov/fdmspublic/component/main.* We may also be contacted at: USCIS, Regulatory Management Division, 111 Massachusetts Avenue, NW., 3rd floor, Suite 3008, Washington, DC 20529, telephone number 202-272-8377. Dated: September 20, 2007. Richard A. Sloan, Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services. [FR Doc. E7-18943 Filed 9-25-07; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection [USCBP-2007-0060] Notice of Availability of a Final Programmatic Environmental Assessment

(PEA)and a Finding of No Significant Impact (FONSI) on the Western Hemisphere Travel Initiative in the Land and Sea Environments AGENCY: Customs and Border Protection (CBP), Department of Homeland Security (DHS). ACTION: Notice of availability. SUMMARY: A Final Programmatic Environmental Assessment

(PEA)and Finding of No Significant Impact (FONSI) for the Western Hemisphere Travel Initiative

(WHTI)in the Land and Sea Environments are available to the public for review. The Final PEA documents a review of potential environmental impacts. Based on the Final PEA, a determination was made that the travel documents proposed for WHTI and use of the travel documents for implementation of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) will not have a significant impact on the quality of the human environment such that it would require further analysis under the National Environmental Policy Act of 1969 (NEPA). The Final PEA addresses the substantive comments received on the Draft PEA during the public comment period. The Final PEA resulted in a FONSI that describes the programmatic action alternatives to be used as the approach to meet the requirements of WHTI. The Final PEA and FONSI are made available to the public in accordance with NEPA and the Council on Environmental Quality

(CEQ)regulations for implementing NEPA. DATES: The Final PEA and FONSI will be available to the public on September 6, 2007. ADDRESSES: Copies of the Final PEA and FONSI may be obtained by download through the Internet at *http://www.cbp.gov/travel* and *http://www.regulations.gov* or by writing to: CBP, 1300 Pennsylvania Avenue, NW., Room 5.4D, Attn: WHTI Environmental Assessment, Washington, DC 20229. FOR FURTHER INFORMATION CONTACT: U.S. Customs and Border Protection, WHTI Program Management Office, ATTN: Ms. Colleen Manaher, 1300 Pennsylvania Avenue, NW., Room 5.4D, Washington, DC 20229,

(202)344-1220, e-mail address: *Colleen.M.Manaher@dhs.gov.* SUPPLEMENTARY INFORMATION: Section 7209 of IRTPA, as amended, provides that upon full implementation, U.S., Bermudian, and Canadian citizens, and Mexican nationals would be required to present a passport or such alternative documents as the Secretary of Homeland Security designates as satisfactorily establishing identity and citizenship upon entering the United States. In a Notice of Proposed Rulemaking

(NPRM)published in the **Federal Register** on June 26, 2007 (72 FR 35088), DHS and the Department of State

(DOS)described the second phase of a joint plan, known as WHTI, to implement these new requirements. The NPRM proposed the specific documents that U.S. citizens and nonimmigrant aliens from Canada, Bermuda, and Mexico would be required to present when entering the U.S. at sea and land ports-of-entry from Western Hemisphere countries. DHS and CBP have analyzed the potential impacts on the human environment of several alternate ways of implementing WHTI at sea and land ports-of-entry based on technological and operational considerations as part of the decision-making process. The impact analysis in the Final PEA and FONSI focuses primarily on the effects of implementing WHTI at land ports-of-entry because the land environment is the most sensitive to the proposed document and technological changes associated with implementation of WHTI. Four technological and operational alternatives to meet the requirements to define and process secure, standardized travel documents under WHTI are analyzed in the PEA. The four alternatives are:

(1)No-Action Alternative: maintain the status quo;

(2)Standardized Documents Alternative: accept a limited number of document categories for admission at all sea or land ports-of-entry (LPOEs);

(3)MRZ Alternative: Accept standardized documents that contain a Machine Readable Zone (MRZ); and

(4)RFID Alternative: Accept standardized documents that contain Radio Frequency Identification

(RFID)technology and an MRZ, for the use of RFID-enabled readers at the busiest LPOEs and MRZ at all LPOEs. As described in the PEA, air quality and noise are the primary resource areas that have the most potential to be affected by implementation of WHTI. However, no significant environmental impacts to these resources or any other human or natural environments from the implementation of any of the WHTI alternatives are anticipated. Dated: September 19, 2007. Eugene H. Schied, Assistant Commissioner, Office of Finance. [FR Doc. E7-19035 Filed 9-25-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF THE INTERIOR Office of the Secretary Native Hawaiian Organization Notification List AGENCY: Office of Hawaiian Relations, Office of the Secretary, Department of the Interior. ACTION: Creation of a Native Hawaiian Organization Notification List to be maintained by the U.S. Department of the Interior, Office of Hawaiian Relations. SUMMARY: The Office of Hawaiian Relations (OHR), within the Office of the Secretary, U.S. Department of the Interior (DOI), has developed criteria for establishment of a Native Hawaiian Organization Notification List (Notification List). The purpose of the Notification List is to provide the DOI officials with a tool to help satisfy their statutory notification obligations under such laws as the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Native American Graves Protection and Repatriation Act (NAGPRA). It is also the intent of the Office of Hawaiian Relations to make available to other Federal agency officials this mechanism to assist them with their reasonable and good faith efforts to identify Native Hawaiian organizations that are to be notified or consulted with when required by statute or when desired. DATES: Eligible organizations should submit their application for inclusion on the list. Although organizations may apply for inclusion on the list at anytime, we will begin using the list on November 26, 2007. ADDRESSES: To apply for placement of an organization on the Notification List send certification to: Ka'i'ini K. Kaloi, Director, Office of Hawaiian Relations, 1849 C Street, NW., MS 3543, Washington, DC 20240. SUPPLEMENTARY INFORMATION: 1. What Does the Native Hawaiian Organization Notification List Do? a. The Native Hawaiian Organization Notification List, to be maintained and housed within OHR, is designed to assist the DOI and other agencies to locate and communicate with interested Native Hawaiian organizations when statutory, regulatory, or when otherwise desired by the agency. b. The Native Hawaiian Organization Notification List may assist other Federal agency officials with their reasonable and good faith efforts to identify Native Hawaiian organizations that are to be notified or consulted with when required by statute or when otherwise desired by the agency. c. The Native Hawaiian Organization Notification List is voluntary, and Native Hawaiian organizations are not required to participate in the Notification List. However, it is anticipated that Federal agencies will rely on this list. d. The placement of an organization on the Notification List shall not be construed as recognition by the Federal Government that the organization is a governmental, tribal, or other similar type entity. e. The placement of an organization on the Notification List is not intended to and does not confer any substantive or procedural right, benefit, or privilege enforceable at law or in equity, which is not otherwise available to the organization by law, by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. f. The Notification List is created as a convenience for the U.S. Government and Native Hawaiian organizations. It does not provide a basis for legal action against the U.S. Government. 2. How Does a Native Hawaiian Organization Apply To Be on the Native Hawaiian Organization Notification List? a. An organization must certify in writing to OHR the following: i. The organization serves and represents the interests of Native Hawaiians; ii. The organization has as a primary and stated purpose the provision of services to Native Hawaiians; iii. The organization has expertise in Native Hawaiian affairs; and iv. The organization would like to be placed on the Notification List. b. The certification must be signed and dated by the organization's governing body and include a valid U.S. mailing address where the organization wants notifications to be sent. c. The request may also include the organization's topical and geographic areas of interest. d. If the certification from the organization is incomplete, the organization may not be listed. e. It is a violation of Federal law to make false, fictitious, or fraudulent statements to the Federal Government. 3. How Long Does Registration on the Notification List Last? Placement on the list is valid for five years. Placement automatically expires at the end of five years, measured from the date the organization was placed on the Notification List or last had its membership renewed, whichever is more recent. The OHR will notify the organization at the last listed address of the need to renew their membership on the Notification List. 4. How Will DOI Manage and Provide Public Notification of the List? a. The DOI will maintain the Native Hawaiian Organization Notification List and will periodically update it. i. The OHR will publish on the DOI Web site the names and contact information of the listed Native Hawaiian organizations. The information contained therein will be updated periodically ii. Copies of the Notification List and instructions outlining how to become a listed organization will also be available online or may be requested from the OHR. 5. How Will Listed Native Hawaiian Organizations Be Notified of Federal Actions? a. Agency officials who are seeking to consult with Native Hawaiian organizations regarding a NAGPRA or NHPA action should notify those Native Hawaiian organizations on the Notification List. b. The notification should: i. Be sent to the address listed on the Native Hawaiian Organization Notification List; ii. Outline the Federal action to take place that will affect Native Hawaiians; iii. Provide a point of contact within the acting agency for the Native Hawaiian organization where inquiries may be sent. 6. What Must a Listed Native Hawaiian Organization Do in Order To Remain on the Notification List? a. To remain on the Notification List, Native Hawaiian organizations must submit a written request at least every five years. It is the responsibility of the organization to notify the OHR of changes to its U.S. mailing address. b. The request to remain on the Notification List must be sent to the DOI, OHR, within 30 days before the organization's listing expires. c. The request to remain on the Notification List must include a certification, signed and dated by the organization's governing body, that includes: i. The organization's current contact information, including a valid U.S. mailing address; ii. A statement that the organization meets the criteria listed in 2(a)(i)-(iii); and iii. A statement that it is the official position of the organization to remain on the Notification List. d. If the information submitted by an organization to update its registration is incomplete, the organization may not remain listed. e. If an organization does not provide a satisfactory update every five years, registration on the Notification List will automatically expire. Registration automatically expires at the end of two years measured from the date the organization was placed on the Notification List or the date the organization last submitted a written request to remain on the Notification List, whichever is more recent. 7. How Does an Organization Voluntarily Remove Its Name From the Notification List? a. If an organization wants to be removed from the Notification List prior to the automatic expiration date, the organization must send a signed and dated written statement from the organization's governing body affirmatively requesting removal from the Notification List. b. After receipt of the removal request, the OHR will remove the organization during the periodic update of the Notification List. Dated: September 5, 2007. Ka'i'ini Kaloi, Director, Office of Hawaiian Relations. [FR Doc. E7-19003 Filed 9-25-07; 8:45 am] BILLING CODE 4310-02-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Lacassine National Wildlife Refuge AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability of the Final Comprehensive Conservation Plan

(CCP)and Finding of No Significant Impact (FONSI). SUMMARY: We, the Fish and Wildlife Service, announce our decision and the availability of the Final CCP and FONSI for Lacassine National Wildlife Refuge in Cameron and Evangeline Parishes, Louisiana. The CCP was prepared pursuant to the National Wildlife Refuge System Improvement Act of 1997, and in accordance with the National Environmental Policy Act of 1969, and describes how the refuge will be managed for the next 15 years. ADDRESSES: A copy of the CCP/FONSI may be obtained by writing to: Lacassine National Wildlife Refuge, 1428 Highway 27, Bell City, Louisiana 70630; Telephone: 337/598-2216. The CCP/FONSI may also be accessed and downloaded from the Service's Web site: *http://southeast.fws.gov/planning/* . FOR FURTHER INFORMATION CONTACT: Judy McClendon, Refuge Planner, at the address in the ADDRESSES section or by electronic mail at the following address: *judy_mcclendon@fws.gov* . SUPPLEMENTARY INFORMATION: *Introduction:* With this notice, we finalize the CCP process for Lacassine National Wildlife Refuge, begun as announced in the **Federal Register** (68 FR 2566; January 17, 2003). For more about the process, see that notice. We released the Draft CCP and Environmental Assessment

(EA)to the public, announcing and requesting comments in a notice of availability in the **Federal Register** (71 FR 65832; November 9, 2006). Lacassine National Wildlife Refuge, established on December 30, 1937, is one of four refuges that makes up the Southwest Louisiana National Wildlife Refuge Complex. The 34,724-acre refuge is strategically located on the boundary of coastal marshes and agricultural habitats at the southern terminus of the Mississippi and Central Flyways, making the refuge critically important to migratory birds, especially wintering waterfowl. With this notice, we announce our decision and the availability of the Final CCP/FONSI in accordance with the National Environmental Policy Act [40 CFR 1506.6(b)] requirements. We completed a thorough analysis of the environmental, social, and economic considerations, which we included in the Final CCP/FONSI. The FONSI documents the selection of Alternative B, the preferred alternative. *Alternatives and Preferred Alternative:* The Draft CCP/EA identified and evaluated three alternatives for managing the refuge over the next 15 years. Alternative A, the no-action alternative, would have continued current management of the refuge. Alternative C would refocus management priority to actively investigating and extending the life/value of Lacassine Pool as a migratory bird sanctuary. We chose Alternative B (maximize refuge management capabilities in all programs) as our preferred alternative. This determination was made based on the best professional judgment of the planning team and the comments received on the Draft CCP/EA. We believe this management alternative will be the most effective one to contribute to the purposes for which the refuge was established and to the mission of the National Wildlife Refuge System. Implementation of the goals, objectives, and strategies in the CCP will allow us to manage the refuge for migratory birds, with special emphasis on waterfowl (especially northern pintails and mottled ducks); native flora and fauna; and rare and endangered species and habitat types. The refuge will provide opportunities for research by serving as a demonstration area and outdoor laboratory for those studying the ecology of southwest Louisiana wetlands. It will encourage appropriate and compatible wildlife-dependent recreation, such as hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. Authority: This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997, Public Law 105-57. Dated: April 12, 2007. Cynthia K. Dohner, Acting Regional Director. [FR Doc. E7-18982 Filed 9-25-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Model Tribal Probate Code, Guidance for Submission of Tribal Probate Codes Under 25 U.S.C. Section 2205 AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. SUMMARY: The Bureau of Indian Affairs

(BIA)is announcing the availability of a Model Tribal Probate Code with comments entitled “Model Tribal Probate Code.” BIA issues notices to inform tribes, Indians, and other interested persons about important policies, procedures, and related decisions, and these notices serve to provide guidance to tribes and BIA personnel. This notice provides guidance to tribes considering the creation and adoption of a Tribal Probate Code containing provisions applicable to trust and restricted property and includes a copy of the “Model Probate Code with Comments.” FOR FURTHER INFORMATION CONTACT: Eufrona Snyder, Office of Trust Services, Bureau of Indian Affairs, Department of the Interior, 1849 C Street, NW., Mailstop 4620-MIB, Washington, DC 20240; telephone number:

(202)208-5831; fax number:

(202)208-2549. SUPPLEMENTARY INFORMATION: I. General Information a. Does This Action Apply to Me? This action is directed to federally recognized tribes and the public in general. Since other persons may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the information in this notice, consult the person listed under FOR FURTHER INFORMATION CONTACT . b. How Can I Get Copies of This Document and Other Related Information? Please contact the person listed under FOR FURTHER INFORMATION CONTACT who will arrange for a copy to be sent to you. c. Is There a Comment Period for This Notice and to Whom Do I Send Comments? The comment period for the “Model Tribal Probate Code with Comments” will open on the date of publication of this notice and last for twenty

(20)days. Comments can be directed to the person listed under FOR FURTHER INFORMATION CONTACT . II. What Guidance Does This Notice Provide? The Model Tribal Probate Code is intended to serve as suggested guidelines for Tribes considering the creation and adoption of a Tribal Probate Code containing provisions applicable to trust and restricted property. The Model Tribal Probate Code is not binding on tribes and is not a rulemaking. The Model Tribal Probate Code sets forth the Bureau of Indian Affairs

(BIA)policy and interpretation of the American Indian Probate Reform Act of 2004 (AIPRA) as it relates to the creation and approval of Tribal Probate Codes. After the Department reviewed several Tribal Probate Codes that contained provisions contrary to AIPRA, the Department of the Interior (Department) decided to draft a Model Tribal Probate Code. The Department may revise the Model Tribal Code from time to time based on further experience. The underlying purposes and policies of this code are:

(1)To clarify the provisions of the American Indian Probate Reform Act of 2004 (AIPRA) relating to the creation and adoption of Tribal Probate Codes under 25 U.S.C. 2205;

(2)to promote an efficient system for Tribes to determine the descent and distribution of the decedent's trust and non trust estates;

(3)to facilitate use and enforcement of Tribal Probate Codes. The Model Tribal Probate Code is only intended to address trust and restricted lands. The Department does not have jurisdiction over non trust or non restricted assets. Those provisions are within the sole authority of the Tribe, subject to its constitution. Tribes may have provisions for non trust assets that greatly differ from those provisions concerning trust assets. The Department recommends that Tribal Probate Codes delineate which provisions apply to trust and non trust assets. III. Does This Notice Contain Binding Requirements? No, the Model Tribal Probate Code is intended to serve as suggested guidance for Tribes formulating Tribal Probate Codes that contain provisions applicable to trust and restricted assets. Dated: July 31, 2007. Carl J. Artman, Assistant Secretary—Indian Affairs. MODEL TRIBAL PROBATE CODE (With comments and suggested guidelines) Table of Contents ARTICLE I. GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION PART 1. GENERAL PROVISIONS Section 1-100 Evidence of Death or Status. PART 2. DEFINITIONS Section 1-200 General Definitions. PART 3. SCOPE, JURISDICTION AND COURTS Section 1-300 Subject Matter Jurisdiction. 1-301 Application of Tribal Probate Codes. 1-302 Appeals. PART 4. REQUIREMENTS FOR TRIBAL PROBATE CODES Section 1-400 Submission of Tribal Probate Code to the Secretary of the Interior. ARTICLE II. INTESTACY PART 1. INTESTATE SUCCESSION Section 2-100 Intestate Estate. 2-101 Share of Surviving Spouse. 2-102 Intestate Succession. 2-103 Intestate Descent of Small Fractional Interests in Land. 2-104 Right of Representation. 2-105 Requirement that Heir Survive Decedent for 120 Hours. ARTICLE III. WILLS AND TESTAMENTARY DISPOSITION PART 1. WILLS Section 3-100 Who May Make a Will. 3-101 Requirements for Wills. PART 2. TESTAMENTARY DISPOSITION Section 3-200 General Devise of an Interest in Trust or Restricted Land. 3-201 Rules of Interpretation. 3-202 Devise of Trust or Restricted Land as a Life Estate or in Fee. 3-203 Invalid Devisees and Wills. 3-204 Presumption of Joint-Tenancy. ARTICLE IV. MISCELLANEOUS PART 1 Section 4-100 Amendments to Tribal Probate Codes. Model Tribal Probate Code Comment—Model Tribal Probate Code *The Model Tribal Probate Code is intended to serve as suggested guidelines for Tribes considering the creation and adoption of a Tribal Probate Code containing provisions applicable to trust and restricted property. The Model Tribal Probate Code is not binding on Tribes and is not a rulemaking. The Model Tribal Probate Code sets forth the Bureau of Indian Affairs

(BIA)policy and interpretation of the American Indian Probate Reform Act of 2004 (AIPRA) as it relates to the creation and approval of Tribal Probate Codes. After the Department reviewed several Tribal Probate Codes that contained provisions contrary to AIPRA; the Department decided to draft a Model Tribal Probate Code. The Department may revise the Model Tribal Code from time to time based on further experience.* *The underlying purposes and policies of this Code are:

(1)To simplify and clarify the provisions of the American Indian Probate Reform Act of 2004 (AIRPA) relating to the creation and adoption of Tribal Probate Codes under 25 U.S.C. 2205;

(2)to promote an efficient system for Tribes to determine the descent and distribution of the decedent's trust and non trust estates; and

(3)to facilitate use and enforcement of Tribal Probate Codes.* *This Model Tribal Probate Code is only intended to address trust and restricted lands. The Department does not have jurisdiction over non trust or non restricted assets. Those provisions are within the sole authority of the Tribe, subject to its constitution. Tribes may have provisions for non trust assets that greatly differ from those for trust assets. The Department recommends delineating which provisions apply to trust and non trust assets. Any tribe that elects not to adopt the model code must ensure that its own code complies with AIPRA and accompanying DOI regulations.* ARTICLE I. GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION PART 1. GENERAL PROVISIONS Section 1-100 Evidence of Death. Section 1-100 Evidence of Death. In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death apply:

(a)A certified copy of a death certificate is required to probate the estate of a trust or restricted landowner.

(b)An individual whose death is not established under the preceding paragraphs who is absent for a continuous period of *not less than* six years, during which he has not been in contact with those who knew him, is presumed to be dead. COMMENT—SECTION 1-100 *Paragraph

(a)mandates that Tribes must require a certified death certificate for probate of a trust or restricted estate. The requirement in 25 CFR 15.101 may not be changed.* *Paragraph

(b)allows Tribes to establish an alternate time period for a rebuttable presumption of death (other than the 6 years established in the proposed 43 CFR 30.124). Note that the language reads “not less than.” Tribes may increase the time period for the rebuttable presumption of death, but may not shorten the proposed regulatory time period.* PART 2. DEFINITIONS Section 1-200 General Definitions. COMMENT—PART 2 *See 25 U.S.C. 2201. These suggested definitions relate to trust and restricted property. A Tribe may have different definitions for their non trust assets. For clarity, the BIA suggests delineating which definitions and provisions apply to trust and non trust property in the Tribal Probate Code.* Section 1-200 General Definitions. For purposes of this Code— *BIA* means the Bureau of Indian Affairs within the Department of the Interior. *Child* includes any formally adopted child. *Consolidation agreement* means a written agreement under the provisions of 25 U.S.C. 2206(e) or 25 U.S.C. 2206(j)(9), by which a decedent's heirs and devisees consolidate interests in trust or restricted land, entered during the probate process, approved by the judge, and implemented by the probate order. *Decedent* means a person who is deceased. *Department or DOI* means the Department of the Interior. *Devise* means a gift of property by will. Also, to give a gift of property by will. *Devisee* means a person or entity that receives property under a will. *Eligible heirs* means, for purposes of Article 2 Part 1 (25 U.S.C. 2206), any of a decedent's children, grandchildren, great grandchildren, full siblings, half siblings by blood, and parents who are—

(a)Indian; or

(b)Lineal descendents within two degrees of consanguinity of an Indian; or

(c)Owners of a trust or restricted interest in a parcel of land for purposes of inheriting by descent, renunciation, or consolidation agreement under Article 2 Part 1 of this code or 25 U.S.C. 2206, another trust or restricted interest in such parcel from the decedent. *Estate* means the land and personalty owned by the decedent at the time of death. *Heir* means any individual or entity eligible to receive land and personalty from a decedent in an intestate proceeding. *Heirs of the first or second degree* means parents, children, grandchildren, grandparents, brothers and sisters of a decedent. *Indian* means—

(a)Any person who is a member of a federally recognized Indian tribe, is eligible to become a member of any Indian tribe, or is an owner (as of October 27, 2004) of an interest in trust or restricted land;

(b)Any person meeting the definition of Indian under 25 U.S.C. 479; and the regulations promulgated thereunder; and

(c)With respect to the inheritance and ownership of trust or restricted land in the State of California under 25 U.S.C. 2206, any person described in subparagraph

(a)or

(b)of this definition or any person who owns a trust or restricted interest in a parcel of land in that State. *Indian Tribe* or *Tribe* means any Indian tribe, band, group, pueblo, or community for which or for the members of which the United States holds lands in trust. *Intestate* means the decedent died without a valid will. *Land* means any real property and includes within its meaning for purposes of this Code improvements permanently affixed to real property. *Minor* means an individual who has not reached the age of majority as defined by the applicable law. For all trust and restricted property, the age of majority is 18 years of age. See 25 U.S.C. 373. *Probate* means the legal process by which applicable tribal, Federal, or State law that affects the distribution of a decedent's estate is applied to:

(a)Determine the heirs;

(b)Determine the validity of wills and determine devisees;

(c)Determine whether claims against the estate will be paid from trust funds; and

(d)Order the transfer of any trust or restricted land or trust personalty to the heirs, devisees, or other persons or entities entitled by law to receive the funds or land. *Purchase option at probate* refers to the process by which eligible purchasers can purchase a decedent's interest during the probate proceeding. *Restricted property* means real property, the title to which is held by an Indian but which cannot be alienated or encumbered without the consent of the Secretary. For the purposes of probate proceedings, restricted property is treated as if it were trust property. *Secretary* means the Secretary of the Interior or an authorized representative. The authorized representative of the Secretary for the performance of probate functions is BIA. The authorized representative of the Secretary for adjudication of probate for trust and restricted interests is OHA. *Testate* means that the decedent executed a valid will. *Testator* means a person who has executed a valid will. *Trust personalty* means all funds and securities of any kind that are held in trust in an individual Indian money account (IIM account) or otherwise owned in trust by the United States for the benefit of an individual Indian. *Trust property* means real or personal property, or an interest therein, for which the United States holds the title to the property in trust for the benefit of an individual Indian or tribe. *Will* means a written document executed with the required formalities and intended to facilitate the passage of the testator's property upon death. *Without regard to waste* means, with respect to a life estate interest in land, that the holder of such estate is entitled to the receipt of all income, including bonuses and royalties, from such land to the exclusion of the remainderman. COMMENT—SECTION 1-200 *See 25 U.S.C. 2201. Tribes may change certain definitions to suit their specific needs. Tribes may alter or add definitions for “spouse” or “child” to incorporate tribal customs or laws. The definitions for “child” and “spouse” must be consistent with the definitions of those terms in the Tribe's family law codes if applicable. All definitions must be consistent with Federal law. Certain definitions may not be changed; these definitions include but are not limited to: “Indian”, “consolidation agreements”, “land”, “purchase option at probate,” and “without regard to waste.”* *Tribes do not have to use all of the definitions listed in the Model Tribal Probate Code. Additional definitions are acceptable.* PART 3. SCOPE, JURISDICTION AND COURTS Section 1-300 Subject Matter Jurisdiction. 1-301 Application of Tribal Probate Codes. 1-302 Appeals. COMMENT—PART 3 *See 25 U.S.C. 2205. Territorial Application.* *Notwithstanding any other provision of law, any Indian tribe may adopt a Tribal Probate Code to govern descent and distribution of trust or restricted lands that are—* *(a) Located within that Indian tribe's reservation; or* *(b) Otherwise subject to the jurisdiction of that Indian tribe.* Section 1-300 Subject Matter Jurisdiction.

(a)The Department of the Interior.

(1)The Department of the Interior has exclusive jurisdiction over the adjudication of probate estates for owners of trust or restricted property. This function may not be delegated through a compact or contract.

(2)The Department of the Interior has exclusive jurisdiction in the preparation of probate packages. This function may be performed by a Tribe through a compact or contract.

(b)Tribal Courts. To the extent permitted by its Tribal constitution, and other applicable Federal and State laws, the Tribal Probate Court has jurisdiction over all non-trust subject matter relating to:

(1)Estates of decedents, including construction of wills, determination of heirs, successors of decedents, and estates of protected persons;

(2)Protection of minors and incapacitated persons; and

(3)Trusts that are not under the exclusive jurisdiction of the Department of Interior. COMMENT—SECTION 1-300 *See 25 U.S.C. 2205. The Constitution of a Tribe does not supersede AIPRA or other Federal law. The Department is not required to follow Tribal law timelines for review of codes. A Tribe may not determine a different enactment date for their tribal probate code with regard to trust and restricted property.* Section 1-301 Application of Tribal Probate Code. When probating an estate, the Department will apply an approved Tribal Probate Code for all trust and restricted estates, subject to the jurisdiction of that Tribal Probate Code. COMMENT—SECTION 1-301 *See 25 U.S.C. 2205. AIPRA will be applied by the Department of Interior to determine the distribution of trust personalty in all trust and restricted estates.* *In instances where the approved Tribal Probate Code is silent on an issue in a particular estate, the Department will apply AIPRA or other controlling applicable law.* Section 1-302 Appeals. Application for appellate review, including the right to appellate review, will be governed by 43 CFR Part 4 Subpart D for all trust or restricted property estates. COMMENT—SECTION 1-302 *See 43 CFR Part 4. Tribes may not change the timelines for applications of de novo review, reopening, or rehearing.* PART 4. REQUIREMENTS FOR TRIBAL PROBATE CODES Section 1-400 Submission of Tribal Probate Code to the Secretary of Interior. 1-400 Submission of Tribal Probate Code to the Secretary of Interior. Tribal Probate Codes and Tribal Probate Code amendments containing provisions on trust and restricted lands must be submitted to the Secretary of the Interior for approval. COMMENT—SECTION 1-400 *See 25 U.S.C. 2205. If the Secretary disapproves a Tribal Probate Code, or an amendment to the a code, the Secretary shall include a written explanation of the reasons for the disapproval in the notice of disapproval to the Indian Tribe.* *Consistency with Federal Law and Policies*

(a)*The Tribal Probate Code must be consistent with Federal law and promote the policies set forth in section 102 of the Indian Land Consolidation Act Amendments of 2000. Those policies are to:* *(1) Prevent further fractionation of trust allotments;* *(2) Consolidate fractional interests and ownership of those interests into usable parcels;* *(3) Consolidate fractional interests in a manner that enhances tribal sovereignty;* *(4) Promote Tribal self sufficiency and self determination;* *(5) Reverse the effects of the allotment policy on Indian tribes.* *Tribal Probate Codes must be consistent with Federal law. Federal law includes the Department's regulations. The proposed regulations for Indian trust and restricted estates can be found at 25 CFR Part 15, 25 CFR Part 18, 25 CFR Part 179, 43 CFR Part 30, and 43 CFR Part 4. Current probate regulations may be found at 25 CFR Part 15 and 43 CFR Part 4.* ARTICLE II. INTESTACY PART 1. INTESTATE SUCCESSION Section 2-100 Intestate Estate. 2-101 Share of Surviving Spouse. 2-102 Intestate Succession. 2-103 Intestate Descent of Small Fractional Interests in Land. 2-104 Right of Representation. 2-105 Requirement that Heir Survive Decedent for 120 Hours. Section 2-100 Intestate Estate. *Rules of descent.* Any trust or restricted interest in land that is not disposed of by a valid will shall descend according to

(a)Sections 2-101 through 2-103; and

(b)Other applicable Federal law. COMMENT—SECTION 2-100 *See 25 U.S.C. 2206.* Section 2-101 Share of Surviving Spouse.

(a)If there is a surviving spouse of the decedent, the spouse shall receive a life estate, without regard to waste, in the trust or restricted lands of the decedent.

(b)If there is a surviving spouse of the decedent, the spouse shall receive the appropriate trust personalty as outlined in AIPRA. 25 U.S.C. 2206(a)(2).

(c)The remainder of the estate shall pass as set forth in Section 2-102 and 2-103. COMMENT—SECTION 2-101 *See 25 U.S.C. 2206.* Section 2-102 Intestate Succession. Where there is no surviving spouse of the decedent, or there is a remainder interest pursuant to section 2-101, the trust or restricted estate or such remainder shall, subject to sections 2-100 and section 2-103, pass as follows:

(a)To those of the decedent's children who are eligible heirs in equal shares (or if one or more of such children do not survive the decedent, the children of any such deceased child who are eligible heirs, by right of representation, but only if such children of the deceased child survive the decedent).

(b)If the property does not pass under paragraph

(a)of this section, to those of the decedent's surviving great-grandchildren who are eligible heirs, in equal shares.

(c)If the property does not pass under paragraph

(a)or

(b)of this section, to the decedent's surviving parent who is an eligible heir, and if both parents survive the decedent and are both eligible heirs, to both parents in equal shares.

(d)If the property does not pass under paragraph (a), (b), or

(c)of this section, to those of the decedent's surviving siblings who are eligible heirs, in equal shares.

(e)If the property does not pass under paragraph (a), (b), (c), or

(d)of this section, to the Indian tribe. Except that notwithstanding paragraph (e), an Indian co-owner (including the Indian tribe referred to in paragraph (e)) of a parcel of trust or restricted land may acquire an interest that would otherwise descend under that paragraph by paying into the estate of the decedent, before the close of the probate of the estate, the fair market value of the interest in the land; if more than one Indian co-owner offers to pay for such interest, the highest bidder shall acquire the interest. COMMENT—SECTION 2-102 *See 25 U.S.C. 2206. Tribal Probate Codes may include rules of intestate succession and other tribal probate provisions that are consistent with Federal law and promote the policies of the 2000 ILCA amendments. 25 CFR 2205(a)(2)(A)(B). Tribes may not change the provisions of AIPRA regarding consolidation agreements, purchase option at probate, or determination of valuation methods.* *Further, in intestate cases, the life estate of a surviving spouse must be “without regard to waste.”* Section 2-103 Intestate Descent of Small Fractional Interests in Land. Notwithstanding the sections relating to intestacy and testamentary disposition, and subject to any applicable Federal law, any trust or restricted interest in land in the decedent's estate that is not disposed of by a valid will; and represents less than 5 percent of the entire undivided ownership of the parcel of land of which such interest is a part, as evidenced by the decedent's estate inventory at the time of the heirship determination, shall descend in accordance with paragraphs

(a)and (b).

(a)Surviving spouse. If there is a surviving spouse, and such spouse was residing on a parcel of trust or restricted land representing less than 5 percent of the entire undivided ownership of the parcel of land of which such interest is a part at the time of the decedent's death, the spouse shall receive a life estate without regard to waste in the decedent's trust or restricted interest in only such parcel, and the remainder interest in that parcel shall pass in accordance with the single heir rule.

(b)Single heir rule. Where there is no life estate created for a surviving spouse or there is a remainder interest under that paragraph, the trust or restricted interest or remainder interest that is subject to this Part shall descend, in trust or restricted status, to—

(1)The decedent's surviving child, but only if such child is an eligible heir; and if two or more surviving children are eligible heirs, then to the oldest of such children;

(2)If the interest does not pass under subparagraph

(1)of this section, the decedent's surviving grandchild, but only if such grandchild is an eligible heir; and if two or more surviving grandchildren are eligible heirs, then to the oldest of such grandchildren;

(3)If the interest does not pass under subparagraph

(1)or

(2)of this section, the decedent's surviving great grandchild, but only if such great grandchild is an eligible heir; and if two or more surviving great grandchildren are eligible heirs, then to the oldest of such great grandchildren;

(4)If the interest does not pass under subparagraph (1), (2), or

(3)of this section, then to the Indian tribe. COMMENT—SECTION 2-103 *See 25 U.S.C. 2206. A Tribe may adopt a rule of intestate descent applicable to the single heir rule that differs from the order of descent set forth in AIPRA. The Secretary shall apply such rule to the intestate interest in distributing the decedent's estate but only if—* *(a) A copy of the tribal rule is delivered to the official designated by the Secretary to receive copies of tribal rules for the purposes of this paragraph;* *(b) The tribal rule provides for the intestate inheritance of such interest by no more than 1 heir, so that the interest does not further fractionate;* *(c) The tribal rule does not apply to any interest disposed of by a valid will;* *(d) The decedent died on or after the effective date of the Tribal Probate Code; and* *(e) The Secretary does not make a determination within 90 days after a copy of the tribal rule is delivered pursuant to item

(a)that the rule would be unreasonably difficult to administer or does not conform with the requirements in item

(b)or (c).* Section 2-104 Right of Representation. If, under this Article, all or any part of the estate of a decedent is to pass to children of a deceased child by right of representation, that part is to be divided into as many equal shares as there are living children of the decedent and pre-deceased children who left issue who survive the decedent. Each living child of the decedent, if any, shall receive one share, and the share of each pre-deceased child shall be divided equally among the pre-deceased child's children. COMMENT—SECTION 2-104 *See 25 U.S.C. 2206. AIPRA sets forth a detailed and specific scheme for the right of representation and therefore may not be modified in a Tribal Probate Code. Right of representation does not refer to the single heir rule.* Section 2-105 Requirement That Heir Survive Decedent for 120 Hours. In the case of intestate succession under this Article, if an individual fails to survive the decedent by at least 120 hours, as established by clear and convincing evidence—

(a)The individual shall be deemed to have predeceased the decedent for the purpose of intestate succession; and

(b)The heirs of the decedent shall be determined in accordance with this Article. COMMENT—SECTION 2-105 *See 25 U.S.C. 2206. AIPRA sets forth a detailed and specific scheme for the requirement that an heir survive the decedent for 120 hours and therefore may not be modified in a Tribal Probate Code.* ARTICLE III. WILLS AND TESTAMENTARY DISPOSITION PART 1. WILLS Section 3-100 Who May Make a Will. 3-101 Requirements for Wills. Section 3-100 Who May Make a Will. Any person 18 years of age or over and of testamentary capacity, who has any right, title, or interest in trust or restricted land or trust personalty, may dispose of trust or restricted land or trust personalty by will. COMMENT—SECTION 3-100 *See 25 U.S.C. 2206. A Tribe may elect a different age of majority for non trust land and personalty.* *A Tribe may also want to include emancipated minors in this section for non-trust or restricted property* . Section 3-101 Requirements for Wills. A will must be executed and dated in writing and attested by two disinterested adult witnesses. COMMENT *See 25 CFR Part 15. The Department requires this criteria for wills devising trust or restricted property* . PART 2. TESTAMENTARY DISPOSITION Section 3-200 General Devise of an Interest in Trust or Restricted Land. 3-201 Rules of Interpretation. 3-202 Devise of Trust or Restricted Land as a Life Estate or Fee. 3-203 Invalid Devisees and Wills. 3-204 Presumption of Joint Tenancy. Section 3-200 General Devise of an Interest in Trust or Restricted Land. Subject to any applicable Federal law relating to the devise or descent of trust or restricted land, the owner of a trust or restricted interest in land may devise such interest to—

(a)Any lineal descendant of the testator;

(b)Any person who owns a pre-existing undivided trust or restricted interest in the same parcel of land;

(c)The Tribe with jurisdiction over the interest in land; or

(d)Any Indian; in trust or restricted status. COMMENT—SECTION 3-200 *See 25 U.S.C. 2206* . Section 3-201 Rules of Interpretation. Any devise of a trust or restricted interest in land pursuant to section 3-200 to an Indian or the Tribe shall be deemed to be a devise of the interest in trust or restricted status. Any devise of a trust or restricted interest in land to a person who is only eligible to be a devisee under paragraph

(a)or

(b)of section 3-200 shall be presumed to be a devise of the interest in trust or restricted status unless language in such devise clearly evidences an intent on the part of the testator that the interest is to pass as a life estate or fee interest in accordance with section 3-202. COMMENT—SECTION 3-201 *See 25 U.S.C. 2206.* Section 3-202 Devise of Trust or Restricted Land as a Life Estate or in Fee. Except as provided for under any applicable Federal law, any trust or restricted interest in land that is not devised in accordance with section 3-200 may be devised only—

(a)As a life estate to any person, with the remainder being devised only in accordance with section 3-200 or 3-201; or

(b)Except as provided in subparagraph 3-201, as a fee interest without Federal restrictions against alienation to any person who is not eligible to be a devisee under paragraph

(d)of section 3-200. COMMENT—SECTION 3-202 *See 25 U.S.C. 2206.* Section 3-203 Invalid Devises and Wills.

(a)Land. Any trust or restricted interest in land that is not devised in accordance with the above sections or that is not disposed of by a valid will shall descend in accordance with the applicable law of intestate succession as provided for in ARTICLE II Section 2-102 and 2-103.

(b)Personalty. Any trust personalty that is not disposed of by a valid will shall descend in accordance with the applicable law of intestate succession as provided for in AIPRA. COMMENT—SECTION 3-203 *See 25 U.S.C. 2206. Prohibited Devise; Exceptions*

(a)*The Tribal Probate Code must allow the devise of an interest to:*

(1)*An Indian lineal descendant of the original allottee; and*

(2)*An Indian who is not a member of the Indian tribe with jurisdiction over the interest in the land;*

(b)*The Code may restrict the ability of the devisees listed in

(a)to inherit so long as the code allows:*

(1)*Those devises to renounce their interests to the eligible devisees as defined by the tribal code;*

(2)*A devisee who is the spouse or lineal descendant of the testator to reserve a life estate without regard to waste; and*

(3)*For the payment of fair market value as determined by the Department on the date of the decedent's death.* Section 3-204 Joint Tenancy; Right of Survivorship.

(a)Presumption of joint tenancy. If a testator devises trust or restricted interests in the same parcel of land to more than one person, in the absence of clear and express language in the devise stating that the interest is to pass to the devisees as tenants in common, the devise shall be presumed to create a joint tenancy with the right of survivorship in the interests involved.

(b)Exception. Paragraph

(a)shall not apply to any devise of an interest in trust or restricted land where the will in which such devise is made was executed prior to June 20, 2006 (the date that is 1 year after the date on which the Secretary publishes the certification required by section 8(a)(4) of the American Indian Probate Reform Act of 2004). (25 USCS 2201 note). COMMENT—SECTION 3-204 *See 25 U.S.C. 2206. A Tribe may not alter the presumption of joint tenancy.* ARTICLE IV. MISCELLANEOUS PART I Section 4-100 Amendments to the Tribal Probate Code. Section 4-100 Amendments to the Tribal Probate Code. Amendments to the Tribal Probate Code are permitted if they are consistent with AIPRA and the Department of the Interior's regulations. Amendments to a Tribal Probate Code must be approved by the Department. COMMENT—SECTION 4-100 *See 25 U.S.C. 2205* . [FR Doc. E7-19103 Filed 9-25-07; 8:45 am] BILLING CODE 4310-W7-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-957-07-1420-BJ-TRST] Notice of Filing of Plats of Survey, Nebraska ACTION: Notice of filing of plats of survey, Nebraska. AGENCY: Bureau of Land Management, Interior. SUMMARY: The Bureau of Land Management

(BLM)is scheduled to file the plats of survey of the lands described below thirty

(30)calendar days from the date of this publication in the BLM Wyoming State Office, Cheyenne, Wyoming. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, 5353 Yellowstone Road, P.O. Box 1828, Cheyenne, Wyoming 82003. SUPPLEMENTARY INFORMATION: This survey was executed at the request of the Bureau of Indian Affairs and is necessary for the management of these lands. The lands surveyed are: The plat and field notes representing the dependent resurvey of portions of the boundary between the States of Kansas and Nebraska, the east boundary, the subdivisional lines, the subdivision of section 36 and the 1927 adjusted record meanders of the right bank of the Missouri River, and the survey of a portion of the subdivision of section 36 and the metes-and-bounds survey of a portion of the as-built westerly right-of-way of Nebraska State Highway No. 7 in section 36, Township 1 North, Range 18 East, and the dependent resurvey of a portion of the boundary between the States of Kansas and Nebraska and the 1927 adjusted record meander of the right bank of the Missouri River in section 31, and the metes-and-bounds survey of a portion of the as-built westerly right-of-way of Nebraska State Highway No. 7 in section 31, Township 1 North, Range 19 East, Sixth Principal Meridian, Nebraska, was accepted August 27, 2007. Copies of the preceding described plat and field notes are available to the public at a cost of $1.10 per page. Dated: September 20, 2007. John P. Lee, Chief Cadastral Surveyor, Division of Support Services. [FR Doc. E7-18946 Filed 9-25-07; 8:45 am] BILLING CODE 4467-22-P DEPARTMENT OF THE INTERIOR National Park Service Notice of Meetings for the National Park Service

(NPS)Subsistence Resource Commission

(SRC)Program Within the Alaska Region AGENCY: National Park Service, Interior. ACTION: Notice of meetings for the National Park Service

(NPS)Subsistence Resource Commission

(SRC)program within the Alaska Region. SUMMARY: The NPS announces the joint SRC meeting schedule for the following areas: Cape Krusenstern National Monument and Kobuk Valley National Park. The purpose of this joint meeting is to discuss NPS subsistence management issues and continue work on subsistence hunting program recommendations. This joint meeting is open to the public and will have time allocated for public testimony. The public is welcome to present written or oral comments. The meeting will be recorded and a summary will be available upon request from the Superintendent for public inspection approximately six weeks after each meeting. The NPS SRC program is authorized under Title VIII, section 808 of the Alaska National Interest Lands Conservation Act, (Pub. L. 96-487), to operate in accordance with the provisions of the Federal Advisory Committee Act. DATES: The Cape Krusenstern National Monument SRC and Kobuk Valley National Park SRC joint meeting will be held on Wednesday, October 3, 2007 and Thursday, October 4, 2007, from 9 a.m. to 5 p.m., Alaska Standard Time. The meeting may end early if all business is finished. *Location:* U.S. Fish and Wildlife Service, Conference Room, Kotzebue, AK, telephone:

(907)442-3799. FOR FURTHER INFORMATION CONTACT: Willie Goodwin, Subsistence Manager, telephone:

(907)442-3890, or Ken Adkisson, Subsistence Manager, telephone:

(907)433-6104 at Western Arctic National Parklands National Park Service, P.O. Box 1029, Kotzebue, AK 99752. SUPPLEMENTARY INFORMATION: SRC meeting location and dates may need to be changed based on weather or local circumstances. If the meeting dates and location are changed, notice of the new meeting will be announced on local radio stations and published in local newspapers. The agenda for the joint meeting includes the following: 1. Call to order (SRC Chairs). 2. SRC Roll Call and Confirmation of Quorums. 3. SRC Chairs and Superintendent's Welcome and Introductions. 4. Review and Approve Agenda. 5. Status of SRC Membership. 6. SRC Member Reports. 7. Superintendent and NPS Staff Reports. 8. Federal Subsistence Board Update. 9. State of Alaska Board Actions Update. 10. New Business. 11. Agency and Public Comments. 12. SRC Work Session. 13. Set time and place of next SRC meeting. 14. Adjournment. Dated: August 30, 2007. Thomas J. Ferranti, Associate Regional Director, Administration, Alaska Region. [FR Doc. E7-18949 Filed 9-25-07; 8:45 am] BILLING CODE 4312-HR-P MILLENNIUM CHALLENGE CORPORATION [MCC FR 07-11] Report on the Selection of Eligible Countries for Fiscal Year 2008 AGENCY: Millennium Challenge Corporation. ACTION: Notice. SUMMARY: This report to Congress is provided in accordance with Section 608(b) of the Millennium Challenge Act of 2003, 22 U.S.C.A. 7701, 7707(b) (the “Act”). Dated: September 21 2007. Henry Pitney, (Acting) Vice President & General Counsel, Millennium Challenge Corporation. Report on the Selection of Eligible Countries for Fiscal Year 2008 Summary This report to Congress is provided in accordance with section 608(b) of the Millennium Challenge Act of 2003, 22 U.S.C.A. 7701, 7707(b) (the “Act”). The Act authorizes the provision of Millennium Challenge Account

(MCA)assistance to countries that enter into Compacts with the United States to support policies and programs that advance the prospects of such countries achieving lasting economic growth and poverty reduction. The Act requires the Millennium Challenge Corporation

(MCC)to take a number of steps in determining the countries that, based on their demonstrated commitment to just and democratic governance, economic freedom and investing in their people and the opportunity to reduce poverty and generate economic growth in the country, will be eligible for MCA assistance during Fiscal Year 2008 (FY08). These steps include the submission of reports to the congressional committees specified in the Act and the publication of Notices in the **Federal Register** that identify: 1. The countries that are “candidate countries” for MCA assistance during FY08 based on their per-capita income levels and their eligibility to receive assistance under U.S. law, and countries that would be candidate countries but for specified legal prohibitions on assistance (section 608(a) of the Act); 2. The criteria and methodology that the Board of Directors of MCC (the “Board”) will use to measure and evaluate the relative policy performance of the candidate countries consistent with the requirements of section 607 of the Act in order to select “MCA eligible countries” from among the “candidate countries” (section 608(b) of the Act); and 3. The list of countries determined by the Board to be “MCA eligible countries” for FY08, with justification for eligibility determination and selection for compact negotiation, including which of the MCA eligible countries the Board will seek to enter into MCA compacts (section 608(d) of the Act). This report sets out the criteria and methodology to be applied in determining eligibility for FY08 MCA assistance. Changes to the Criteria and Methodology for FY08 MCC reviews all of its indicators annually to ensure the best measures are being used and, from time to time, recommends changes or refinements if MCC identifies better indicators or improved sources of data. MCC takes into account public comments received on the previous year's criteria and methodology and consults with a broad range of experts in the development community and within the U.S. Government. In assessing new indicators, MCC favors those that:

(1)Are developed by an independent third party;

(2)utilize objective and high quality data that rely upon an analytically rigorous methodology;

(3)are publicly available;

(4)have broad country coverage;

(5)are comparable across countries;

(6)have a clear theoretical or empirical link to economic growth and poverty reduction;

(7)are policy linked (i.e., measure factors that governments can influence within a two to three year horizon); and

(8)have broad consistency in results from year to year. There have been numerous noteworthy improvements to data quality and availability as a result of MCC's application of the indicators and the regular dialogue MCC has established with the indicator institutions. While improvements to the selection criteria are critical, MCC is also mindful of the need to provide countries with a fairly stable set of policy criteria to meet, if MCC is to create significant incentives for reform. This factor is also taken into account when MCC is considering indicator changes. Considering these factors and the input on the indicators during the FY07 public comment period, MCC has conducted extensive research and consultations with experts and relevant stakeholders in the development community. That input has been taken into account in creating the criteria and methodology for the selection of compact eligible countries for FY08. 1. Natural Resource Management Indicators MCC is incorporating two measures—a *Natural Resource Management* index and a *Land Rights and Access* index— into the FY08 selection criteria and MCC Scorecard. In FY07, MCC concluded a public search for indicators to address MCC's congressional mandate of measuring “a country's economic policies that promote sustainable management of natural resources.” MCC's Board of Directors approved these indicators as supplemental information for the FY07 selection process and, for later consideration as part of the formal selection criteria in FY08. This gradual integration of the Natural Resource Management and Land Rights and Access indicators into the formal eligibility criteria was designed to provide adequate notice to compact, threshold and candidate countries of the new measures and their performance before the new indicators were formally adopted. Over the course of the last year, MCC brought the new indicators—and any relevant performance issues— to the attention of candidate, threshold and compact countries. MCC also conducted extensive consultation on the appropriate placement of the indicators into the respective policy categories contained on the MCC Scorecard. A brief summary of the indicators follows; a detailed rationale for the adoption of these indicators can be found in the FY07 Selection Criteria and Methodology Report. Natural Resource Management Index The Natural Resource Management Index has four sub-component indicators and is jointly produced by the Center for International Earth Science Information Network (CIESIN) and the Yale Center for Environmental Law and Policy (YCLEP). • Eco-Region Protection: Produced by CIESIN, this component assesses whether countries are protecting at least 10 percent of all their biomes (e.g., deserts, tropical rainforests, grasslands, savannas and tundra). It is designed to capture the comprehensiveness of a government's commitment to habitat preservation and biodiversity protection. The World Wildlife Fund provides the underlying biome data, and the United Nations Environment Program World Conservation Monitoring Center—in partnership with the IUCN World Commission on Protected Areas and the World Database on Protected Areas Consortium— provides the underlying data on protected areas. • Access to Improved Water: Produced by the World Health Organization

(WHO)and the United Nations Children's Fund (UNICEF), this component measures the percentage of the population with access to at least 20 liters of water per person per day from an “improved” source (household connections, public standpipes, boreholes, protected dug wells, protected springs and rainwater collection) within one kilometer of the user's dwelling. • Access to Improved Sanitation: Produced by the WHO and UNICEF, this component measures the percentage of the population with access to facilities that hygienically separate human excreta from human, animal and insect contact. Such facilities include sewers or septic tanks, poor-flush latrines and simple pit or ventilated improved pit latrines, provided that they are not public. • Child Mortality (Ages 1-4): Produced by the Population Division of the United Nations Department of Economic and Social Affairs, this indicator measures the probability of a child dying between the ages of 1 and 4. Since the underlying causes of child mortality among 1-4 year olds are predominantly environmental, this indicator is considered to be an excellent proxy for environmental conditions. Land Rights and Access Index The Land Rights and Access Index includes three indicators: • Access to Land: Produced by the International Fund for Agricultural Development (IFAD), this indicator assesses the extent to which the institutional, legal and market framework provides secure land tenure and equitable access to land in rural areas. It is made up of five subcomponents:

(1)The extent to which the law guarantees secure tenure for land rights of the poor;

(2)the extent to which the law guarantees secure land rights for women and other vulnerable groups;

(3)the extent to which land is titled and registered;

(4)the functioning of land markets; and

(5)the extent to which government policies contribute to the sustainable management of common property resources. • Days to Register Property: Produced by the International Finance Corporation (IFC), this component measures how long it takes to register property in the capital city. The IFC records the full amount of time necessary when a business purchases land and a building, and to transfer the property title from the seller to the buyer so that the buyer can use the title for expanding business, as collateral in taking new loans, or, if necessary, to sell to another business. • Cost of Registering Property: Produced by the IFC, this component measures the cost to register property as a percentage of the value of the property in the capital city. The IFC records all of the costs that are incurred when a business purchases land and a building to transfer the property title from the seller to the buyer, so that the buyer can use it for expanding his business, as collateral in taking new loans, or, if necessary, to sell it to another business. Placement of the Natural Resource Management Indicators Reflecting extensive public consultations about the placement of these indicators, MCC will place the *Natural Resource Management* index in the Investing in People category and the *Land Rights and Access* index in the Economic Freedom category. Investing in People means, among other things, investing in the assets required for a sustainable livelihood. The *Natural Resource Management* index measures whether governments are investing their resources in ways that will enable poor people, particularly poor women and children, to live healthy and productive lives. Land is also a crucial asset and a social safety net that poor people rely on to improve their well-being; however, the *Land Rights and Access* index also clearly captures a government's commitment to secure property rights and sound economic policy, which will strengthen the Economic Freedom category. 2. Combining the Time and Cost of Starting a Business Into a Single Index MCC will combine two existing International Finance Corporation

(IFC)indicators— *Days to Start a Business* and *Costs to Start a Business* —with equal weight into one index called *Business Start-Up* . The creation of a single *Business Start-Up* index, in conjunction with the addition of the *Land Rights and Access* index to the Economic Freedom category, will strengthen the Economic Freedom category and enhance MCC's ability to better measure countries' overall economic policies. Business Start-Up Index The *Business Start-Up* index is made up of two indicators produced by the IFC: • Days to Start a Business: This component measures the number of calendar days it takes to comply with all procedures that are officially required for an entrepreneur to start up and formally operate an industrial or commercial business. These include obtaining all necessary licenses and permits and completing any required notifications, verifications or inscriptions for the company and employees with relevant authorities. • Cost of Starting a Business: This component measures the cost of starting a business as a percentage of country's per capita income. The IFC records all procedures that are officially required for an entrepreneur to start up and formally operate an industrial or commercial business. These include obtaining all necessary licenses and permits and completing any required notifications, verifications or inscriptions for the company and employees with relevant authorities. Potential Future Changes In addition to the changes identified in this Report, MCC will explore potential changes to the indicators for future years. MCC will continue to explore potential measures of educational quality for inclusion in the Investing in People category in future fiscal years. In FY07, MCC pursued an intensive research and consultation agenda to explore the possibility of adding a new education indicator to the Investing in People category. However, MCC was unable to identify an indicator that would significantly strengthen the selection criteria in FY08. Over the last fifteen years, much attention has been focused on enrolling and keeping more children in school, but not necessarily on enhancing the quality of education. With the support of the World Bank, USAID, UNESCO and others, efforts are currently underway to develop cross-country measures of the quality of education and learning outcomes. However, these efforts are still in a nascent stage and there are currently no education quality indicators that are viable for MCC purposes at this time. MCC will continue to monitor and support these efforts, with an eye towards adopting a measure of education quality in a future fiscal year. Criteria and Methodology The Board will select eligible countries based on the following, among other factors:

(1)Their overall performance in relation to their peers in three broad policy categories—Ruling Justly, Encouraging Economic Freedom and Investing in People;

(2)the opportunity to reduce poverty and generate economic growth. Section 607 of the Act requires that the Board's determination of eligibility be based “to the maximum extent possible, upon objective and quantifiable indicators of a country's demonstrated commitment” to the criteria set out in the Act. For FY08, there will be two groups of candidate countries—low-income countries and lower middle-income countries. Low-income candidate countries refer to those countries that have a per capita income equal to or less than $1,735 and are not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 by reason of the application of any provision of the Foreign Assistance Act or any other provision of law. Lower middle-income candidate countries are those that have a per capita income between $1,736 and $3,595 and are not ineligible to receive United States economic assistance. The Board will make use of seventeen indicators to assess policy performance of individual countries (specific definitions of the indicators and their sources are set out in Annex A). These indicators are grouped for purposes of the FY08 assessment methodology under the three policy categories listed below. Ruling justly Encouraging economic freedom Investing in people Civil Liberties Inflation Public Expenditure on Health. Political Rights Fiscal Policy Public Expenditure on Primary Education. Voice and Accountability Business Start-Up Immunization Rates (DPT3 and Measles). Government Effectiveness Trade Policy Girls' Primary Education Completion. Rule of Law Regulatory Quality Natural Resoure Management. Control of Corruption Land Rights and Access In making its determination of eligibility with respect to a particular candidate country, the Board will consider whether a country performs above the median in relation to its peers on at least half of the indicators in the Ruling Justly and Economic Freedom categories, above the median on at least three of the five indicators in the Investing in People category, and above the median on the *Control of Corruption* indicator. One exception to this methodology is that the median is not used for the *Inflation* indicator. Instead, to pass the *Inflation* indicator a country's inflation rate needs to be under a fixed ceiling of 15 percent. The Board will also take into consideration whether a country performs substantially below the median on any indicator (i.e. in the bottom 25th percentile) and has not taken appropriate measures to address this shortcoming. The indicator methodology will be the predominant basis for determining which countries will be eligible for MCA assistance. In addition, the Board may exercise discretion in evaluating performance on the indicators and determining a final list of eligible countries. Where necessary, the Board may also take into account other quantitative and qualitative information (“supplemental information”) to determine whether a country performed satisfactorily in relation to its peers in a given category. There are elements of the criteria set out in the Act for which there is either limited quantitative information ( *e.g.* , rights of people with disabilities) or no well-developed performance indicator. Until such data and/or indicators are developed, the Board may rely on additional data and qualitative information to assess policy performance. The Board may also consider whether any adjustments should be made for data gaps, lags, trends or other weaknesses in particular indicators. For example, the State Department Human Rights report contains qualitative information to make an assessment on a variety of criteria outlined by Congress, such as the rights of people with disabilities, the treatment of women and children, worker rights and human rights. Similarly, as additional information in the area of corruption, the Board may consider how a country scores on Transparency International's Corruption Perceptions Index and the Global Integrity Index, as well as on the defined indicator. Compact eligible partners are accountable for maintaining and improving policy performance. MCC recognizes and expects that partner countries may not meet the formal eligibility criteria from time to time due to a number of common factors, such as changes in the peer-group median; graduation into a new income category (e.g., from low income to lower middle income); numerical declines that are within the margin of error; slight declines in policy performance; revisions or corrections of data; the introduction of new sub-data sources; or changes in the indicators used to measure performance. MCC may suspend or terminate eligibility for a substantial decline in performance which is characterized by a pattern of events, or a single egregious event, that signal a significant policy reversal inconsistent with MCC's selection criteria. When making a decision to suspend or terminate eligibility, MCC will also consider the extent to which country partners are taking action to reverse significant declines in performance. As provided in the Act, following the determination of eligible countries, the Chief Executive Officer's report to Congress will set out the list of eligible countries, identify which of those countries the MCC will seek to enter into Compact negotiations, and include a justification for such eligibility determinations and selections for Compact negotiation. Relationship to Legislative Criteria Within each policy category, the Act sets out a number of specific selection criteria. As indicated above, a set of objective and quantifiable policy indicators is being used to establish eligibility for MCA assistance and measure the relative performance by candidate countries against these criteria. The Board's approach to determining eligibility ensures that performance against each of these criteria is assessed by at least one of the seventeen objective indicators. Most are addressed by multiple indicators. The specific indicators used to measure each of the criteria set out in the Act are listed below. Section 607(b)(1:) Just and democratic governance, including a demonstrated commitment to:

(A)*Promote political pluralism, equality and the rule of law;* Indicators—Political Rights, Civil Liberties, Voice and Accountability and Rule of Law.

(B)*Respect human and civil rights, including the rights of people with disabilities;* Indicators—Political Rights and Civil Liberties.

(C)*Protect private property rights;* Indicators—Civil Liberties, Regulatory Quality, Rule of Law and and Land Rights and Access.

(D)*Encourage transparency and accountability of government; and* Indicators—Political Rights, Civil Liberties, Voice and Accountability, Control of Corruption, and Government Effectiveness.

(E)*Combat corruption;* Indicators—Civil Liberties, Rule of Law, and Control of Corruption. *Section 607(b)(2): Economic freedom, including a demonstrated commitment to economic policies that:*

(A)*Encourage citizens and firms to participate in global trade and international capital markets;* Indicators—Fiscal Policy, Inflation, Trade Policy, Business Start-Up, and Regulatory Quality.

(B)*Promote private sector growth and the sustainable management of natural resources;* Indicators—Inflation, Business Start-Up, Fiscal Policy, Land Rights and Access, Natural Resource Management, and Regulatory Quality.

(C)*Strengthen market forces in the economy; and* Indicators—Fiscal Policy, Inflation, Trade Policy, Business Start-Up, and Regulatory Quality.

(D)*Respect worker rights, including the right to form labor unions;* Indicators—Civil Liberties and Voice and Accountability. *Section 607(b)(3): Investments in the people of such country, particularly women and children, including programs that

(A)Promote broad-based primary education and

(B)strengthen and build capacity to provide quality public health and reduce child mortality. * Indicators—Girls' Primary Education Completion, Public Expenditure on Primary Education, Immunization Rates, Public Expenditure on Health, and Natural Resources Management. Where necessary, the Board will also draw on supplemental data and qualitative information, including the State Department's Human Rights Report, Transparency International's Corruption Perceptions Index, and the Global Integrity Index. Annex A: Indicator Definitions The following 17 indicators will be used to measure candidate countries' demonstrated commitment to the criteria found in section 607(b) of the Act. The indicators are intended to assess the degree to which the political and economic conditions in a country serve to promote broad-based sustainable economic growth and reduction of poverty; and thus provide a sound environment for the use of MCA funds. The indicators are not goals in themselves; rather they measure policies that are necessary conditions for a country to achieve broad-based sustainable economic growth. The indicators were selected based on their relationship to economic growth and poverty reduction, the number of countries they cover, their transparency and availability and their relative soundness and objectivity. Where possible, the indicators are developed by independent sources. Ruling Justly 1. *Civil Liberties:* A panel of independent experts rates countries on: freedom of expression; association and organizational rights; rule of law and human rights; and personal autonomy and economic rights. Source: *Freedom House.* 2. *Political Rights:* A panel of independent experts rates countries on: the prevalence of free and fair elections of officials with real power; the ability of citizens to form political parties that may compete fairly in elections; freedom from domination by the military, foreign powers, totalitarian parties, religious hierarchies and economic oligarchies; and the political rights of minority groups. Source: *Freedom House.* 3. *Voice and Accountability:* An index of surveys that rates countries on: Ability of institutions to protect civil liberties; the extent to which citizens of a country are able to participate in the selection of governments; and the independence of the media. Source: *World Bank Institute* . 4. *Government Effectiveness:* An index of surveys that rates each country on: the quality of public service provision; civil services' competency and independence from political pressures; and the government's ability to plan and implement sound policies. Source: *World Bank Institute.* 5. *Rule of Law:* An index of surveys that rates countries on: The extent to which the public has confidence in and abides by rules of society; incidence of violent and nonviolent crime; effectiveness and predictability of the judiciary; and the enforceability of contracts. Source: *World Bank Institute.* 6. *Control of Corruption:* An index of surveys that rates countries on: The frequency of “additional payments to get things done;” the effects of corruption on the business environment; “grand corruption” in the political arena; and the tendency of elites to engage in “state capture.” Source: *World Bank Institute.* Encouraging Economic Freedom 1. *Inflation:* The most recent 12-month change in consumer prices as reported in the IMF's International Financial Statistics or in another public forum by the relevant national monetary authorities. Source: *The International Monetary Fund's World Economic Outlook

(WEO)database.* 2. *Fiscal Policy:* The overall budget deficit divided by GDP, averaged over a three-year period. The data for this measure is provided directly by the recipient government and cross-checked with other sources and made publicly available to try to ensure consistency across countries. *Source: National Governments and the International Monetary Fund's World Economic Outlook

(WEO)database.* 3. *Business Start-Up:* An index that rates countries on: The time and cost of complying with all procedures officially required for an entrepreneur to start up and formally operate an industrial or commercial business. Source: *International Finance Corporation.* 4. *Trade Policy:* A measure of a country's openness to international trade based on weighted average tariff rates and non-tariff barriers to trade. Source: *The Heritage Foundation's Index of Economic Freedom.* 5. *Regulatory Quality:* An index of surveys that rates each country on: The burden of regulations on business; price controls; the government's role in the economy; foreign investment regulation; and many other areas. Source: *World Bank Institute.* 6. *Land Rights and Access:* An index that rates countries on: The extent to which the institutional, legal, and market framework provide secure land tenure and equitable access to land in rural areas and the time and cost of property registration in urban and peri-urban areas. Source: *The International Fund for Agricultural Development

(IFAD)and the International Finance Corporation.* Investing in People 1. *Public Expenditure on Health:* Total expenditures by government at all levels on health divided by GDP. Source: *The World Health Organization (WHO).* 2. *Immunization Rates:* The average of DPT3 and measles immunization rates for the most recent year available. Source: *The World Health Organization (WHO).* 3. *Total Public Expenditure on Primary Education:* Total expenditures by government at all levels of primary education divided by GDP. * Source: The United Nations Educational, Scientific and Cultural Organization (UNESCO) and National Governments. * 4. *Girls' Primary Completion Rate:* The number of female students completing primary education divided by the population in the relevant age cohort. Source: *World Bank and the United Nations Educational, Scientific and Cultural Organization (UNESCO).* 5. *Natural Resource Management:* An index made up of four indicators: eco-region protection, access to improved water, access to improved sanitation, and child mortality within the 1-4 age cohort. Source: *The Center for International Earth Science Information Network (CIESIN) and the Yale Center for Environmental Law and Policy* ( *YCLEP* ). BILING CODE 9211-03-P Appendix B Sample Country Scorecard EN26SE07.000 [FR Doc. 07-4752 Filed 9-25-07; 8:45 am]

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