Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Notices 64581

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[FEMA–1558–DR] 

West Virginia; Amendment No. 6 to 

Notice of a Major Disaster Declaration

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

ACTION: Notice.

SUMMARY: This notice amends the notice 

of a major disaster declaration for the 

State of West Virginia (FEMA–1558–

DR), dated September 20, 2004, and 

related determinations.

DATES: Effective Date: October 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Magda Ruiz, Recovery Division, Federal 

Emergency Management Agency, 

Washington, DC 20472, (202) 646–2705.

SUPPLEMENTARY INFORMATION: The notice 

of a major disaster declaration for the 

State of West Virginia is hereby 

amended to include the following area 

among those areas determined to have 

been adversely affected by the 

catastrophe declared a major disaster by 

the President in his declaration of 

September 20, 2004: Logan County for 

Individual Assistance (already 

designated for public assistance).

(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)

Michael D. Brown, 

Under Secretary, Emergency Preparedness 

and Response, Department of Homeland 

Security.

[FR Doc. 04–24706 Filed 11–4–04; 8:45 am] 

BILLING CODE 9110–10–P

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–4901–N–45] 

Federal Property Suitable as Facilities 

To Assist the Homeless

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD.

ACTION: Notice.

SUMMARY: This Notice identifies 

unutilized, underutilized, excess, and 

surplus Federal property reviewed by 

HUD for suitability for possible use to 

assist the homeless.

EFFECTIVE DATE: November 5, 2004.

FOR FURTHER INFORMATION CONTACT:

Kathy Burruss, Department of Housing 

and Urban Development, Room 7262, 

451 Seventh Street, SW., Washington, 

DC 20410; telephone (202) 708–1234; 

TTY number for the hearing- and 

speech-impaired (202) 708–2565, (these 

telephone numbers are not toll-free), or 

call the toll-free Title V information line 

at 1–800–927–7588.

SUPPLEMENTARY INFORMATION: In 

accordance with the December 12, 1988 

court order in National Coalition for the 

Homeless v. Veterans Administration.

No. 88–2503–OG (D.D.C.), HUD 

publishes a Notice, on a weekly basis, 

identifying unutilized, underutilized, 

excess and surplus Federal buildings 

and real property that HUD has 

reviewed for suitability for use to assist 

the homeless. Today’s Notice is for the 

purpose of announcing that no 

additional properties have been 

determined suitable or unsuitable this 

week.

Dated: October 28, 2004. 

Mark R. Johnston, 

Director, Office of Special Needs Assistance 

Programs.

[FR Doc. 04–24440 Filed 11–4–04; 8:45 am] 

BILLING CODE 4210–29–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

Notice of Availability of a Draft 

Environmental Impact Report/

Environmental Impact Statement and 

Receipt of an Application for an 

Incidental Take Permit for the 

Coachella Valley Multiple Species 

Habitat Conservation Plan, Riverside 

County, CA

AGENCY: Fish and Wildlife Service, 

Department of the Interior.

ACTION: Notice of availability and 

receipt of application. 

SUMMARY: The Coachella Valley 

Association of Governments (CVAG), 

Coachella Valley Conservation 

Commission (to be formed prior to a 

permit decision), County of Riverside, 

Riverside County Flood Control and 

Water Conservation District, Riverside 

County Parks and Open Space District, 

Riverside County Waste Management 

District, Coachella Valley Water District, 

Imperial Irrigation District, California 

Department of Transportation, 

California Department of Parks and 

Recreation, Coachella Valley Mountains 

Conservancy, and the cities of Cathedral 

City, Coachella, Desert Hot Springs, 

Indian Wells, Indio, La Quinta, Palm 

Desert, Palm Springs, and Rancho 

Mirage (Applicants) have applied to the 

U.S. Fish and Wildlife Service (Service) 

for an incidental take permit pursuant to 

section 10(a)(1)(B) of the Endangered 

Species Act of 1973, as amended (Act). 

The Service is requesting public 

comment on the Draft Coachella Valley 

Multiple Species Habitat Conservation 

Plan (MSHCP), Draft Implementing 

Agreement, and Draft Environmental 

Impact Report/Environmental Impact 

Statement (EIR/EIS). The Applicants 

seek a permit to incidentally take 22 

animal species and assurances for 5 

plant species, including 17 unlisted 

species should any of them become 

listed, under the Act during the term of 

the proposed 75-year permit. The permit 

is needed to authorize take of listed 

animal species (including harm, injury, 

and harassment) during development in 

the approximately 1.1 million-acre 

(1,719 square-mile) Plan Area in the 

Coachella Valley of Riverside County, 

California. 

A Draft Environmental Impact 

Statement, which is the Federal portion 

of the Draft EIR/EIS, has been prepared 

jointly by the Service and CVAG to 

analyze the impacts of the MSHCP and 

is also available for public review. The 

analyses provided in the Draft EIR/EIS 

are intended to inform the public of the 

proposed action, alternatives, and 

associated impacts; address public 

comments received during the scoping 

period for the Draft EIR/EIS; disclose the 

direct, indirect, and cumulative 

environmental effects of the proposed 

action and each of the alternatives; and 

indicate any irreversible commitment of 

resources that would result from 

implementation of the proposed action. 

The Draft MSHCP also incorporates a 

Draft Public Use and Trails Plan which 

includes proposals that address nonmotorized recreation activities on 

Federal and non-Federal lands in the 

Santa Rosa and San Jacinto Mountains. 

The Bureau of Land Management (BLM) 

is a Cooperating Agency in this 

64582 Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Notices 

planning process and will be using this 

EIR/EIS to make decisions on BLMadministered public lands pertaining to 

trail use in the Santa Rosa and San 

Jacinto Mountains. These proposals 

constitute activity (implementation) 

level actions in furtherance of the 

California Desert Conservation Area 

Plan (1980), as amended, and the Santa 

Rosa and San Jacinto Mountains 

National Monument Management Plan

(2004). The BLM will issue a separate 

record of decision regarding nonmotorized recreation activities on public 

lands after public comments have been 

received and a Final Environmental 

Impact Statement has been prepared.

DATES: Written comments should be 

received on or before February 3, 2005.

ADDRESSES: Comments should be sent to 

Mr. Jim Bartel, Field Supervisor, U.S. 

Fish and Wildlife Service, Carlsbad Fish 

and Wildlife Office, 6010 Hidden Valley 

Road, Carlsbad, California 92009. You 

may also submit comments by facsimile 

to (760) 431–9624. 

Information, comments, and/or 

questions related to the EIR and the 

California Environmental Quality Act 

should be submitted to Mr. Jim Sullivan 

at CVAG, 73710 Fred Waring Drive, 

Suite 200, Palm Desert, California 

92260; telephone (760) 346–1127; 

facsimile (760) 340–5949.

FOR FURTHER INFORMATION CONTACT: Ms. 

Therese O’Rourke, Assistant Field 

Supervisor, at the Carlsbad Fish and 

Wildlife Office [see ADDRESSES]; 

telephone (760) 431–9440.

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

Documents available for public 

review include the permit applications, 

the Public Review Draft MSHCP and 

Appendices I (the Technical Appendix) 

and II (the Planning Agreement), the 

accompanying Draft Implementing 

Agreement, and the Draft EIR/EIS. 

Individuals wishing copies of the 

documents should contact the Assistant 

Field Supervisor [see FOR FURTHER

INFORMATION CONTACT], or by letter to the 

Carlsbad Fish and Wildlife Office [see

ADDRESSES]. Copies of the MSHCP, Draft 

EIR/EIS, and Draft Implementing 

Agreement also are available for public 

review, by appointment, during regular 

business hours, at the Carlsbad Fish and 

Wildlife Office or at the Coachella 

Valley Association of Governments (see

ADDRESSES). Copies are also available 

for viewing in each of the Applicant 

cities, in the Applicants’ public 

libraries, the Riverside County Planning 

Departments, and on the World Wide 

Web at http://www.cvmshcp.org.

(1) Riverside County Planning 

Department: 4080 Lemon Street, 9th 

Floor, Riverside, California 92502. 

(2) Riverside County Planning: 82675 

Hwy 111, Room 209, Indio, California 

92201. 

(3) U.S. Bureau of Land Management: 

690 Garnet Avenue, North Palm 

Springs, California 92258. 

(4) City of Palm Springs: 3200 E. 

Tahquitz Canyon Way, Palm Springs, 

California 92262. 

(5) City of Cathedral City: 68–700 

Avenida Lalo Guerrero, Cathedral City, 

California 92234. 

(6) City of La Quinta: 78–495 Calle 

Tampico, La Quinta, California 92253. 

(7) City of Rancho Mirage: 69825 

Highway 111, Rancho Mirage, California 

92270. 

(8) City of Palm Desert: 73–510 Fred 

Waring Drive, Palm Desert, California 

92260. 

(9) City of Indio: 100 Civic Center 

Mall, Indio, California 92201. 

(10) City of Indian Wells: 44950 El 

Dorado Drive, Indian Wells, California 

92210. 

(11) City of Coachella: 1515 Sixth 

Street, Coachella, California 92236. 

(12) City of Desert Hot Springs: 65950 

Pierson Boulevard, Desert Hot Springs, 

California 92240. 

(13) Cathedral City Public Library: 

33520 Date Palm Drive, Cathedral City, 

California 92234. 

(14) Coachella Branch Library: 1538 

7th Street, Coachella Valley, California 

92260. 

(15) Desert Hot Springs Public 

Library: 1691 West Drive, Desert Hot 

Springs, California 92240. 

(16) Indio Public Library: 200 Civic 

Center Mall, Indio, California 92201. 

(17) Lake Tamarisk Branch Library: 

Lake Tamarisk Drive, Desert Center, 

California 92239. 

(18) La Quinta Public Library: 78080 

Calle Estado, La Quinta, California 

92253. 

(19) Mecca-North Shore Branch 

Library: 65250 Cahuilla, Mecca, 

California 92254. 

(20) Palm Springs City Library: 300 

South Sunrise Way, Palm Springs, 

California 92262. 

(21) Rancho Mirage Public Library: 

42–520 Bob Hope Drive, Rancho Mirage, 

California 92270. 

(22) Riverside County Library: Palm 

Desert Branch, 73–300 Fred Waring 

Drive, Palm Desert, California 92260. 

(23) Thousand Palms Library: 72–715 

La Canada Way, Thousand Palms, 

California 92276. 

Background Information 

Section 9 of the Act and Federal 

regulation prohibit the ‘‘take’’ of fish 

and wildlife species federally listed as 

endangered or threatened. Take of 

federally listed fish or wildlife is 

defined under section 1532(19) of the 

Act as including to ‘‘harass, harm, 

pursue, hunt, shoot, wound, kill, trap, 

capture, or collect, or to attempt to 

engage in any such conduct.’’ Harm 

includes significant habitat modification 

or degradation that actually kills or 

injures listed wildlife by significantly 

impairing essential behavioral patterns, 

including breeding, feeding, and 

sheltering (50 CFR 17.3(c)). Under 

limited circumstances, the Service may 

issue permits to authorize incidental 

take; i.e., take that is incidental to, and 

not the purpose of, otherwise lawful 

activity. Although take of plant species 

is not prohibited under the Act, and 

therefore cannot be authorized under an 

incidental take permit, plant species are 

proposed to be included on the permit 

in recognition of the conservation 

benefits provided to them under the 

MSHCP. Regulations governing 

incidental take permits for threatened 

and endangered species are found in 50 

CFR 17.32 and 17.22, respectively.

The Applicants seek an incidental 

take permit and assurances for 22 

animal species and assurances for 5 

plant species. Collectively the 27 listed 

and unlisted species are referred to as 

‘‘Covered Species’’ by the MSHCP and 

include 5 plant species (2 endangered, 

3 unlisted); 2 insect species (both 

unlisted); 1 fish species (endangered); 1 

amphibian species (endangered); 3 

reptile species (2 threatened, 1 

unlisted); 11 bird species (3 endangered, 

8 unlisted); and 4 mammal species (1 

endangered and 3 unlisted). The permit 

would provide take authorization for 

animal species identified by the MSHCP 

as ‘‘Covered Species.’’ Take authorized 

for listed covered animal species would 

be effective upon permit issuance. For 

currently unlisted covered animal 

species, take authorization would 

become effective concurrent with listing 

should the species be listed under the 

Act during the permit term. 

The Draft MSHCP is intended to 

protect and sustain viable populations 

of native plant and animal species and 

their habitats in perpetuity through the 

creation of a reserve system, while 

accommodating continued economic 

development and quality of life for 

residents of the Coachella Valley. The 

Southern California Association of 

Governments estimates that in the year 

2020 the Coachella Valley will be home 

to approximately 518,481 people. This 

represents nearly double the Valley’s 

present population and housing stock. 

Another study by the California 

Department of Finance estimates that 

Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Notices 64583

Riverside County, currently the fastest 

growing county in the state, will 

continue to grow to 3.5 million people 

by 2030 and 4.5 million people by 2040. 

The Draft MSHCP plan area 

encompasses approximately 1.1 million 

acres in the Coachella Valley and 

includes the following 9 incorporated 

cities: Cathedral City, Coachella, Desert 

Hot Springs, Indian Wells, Indio, La 

Quinta, Palm Desert, Palm Springs, and 

Rancho Mirage. It is one of two large, 

multiple-jurisdictional habitat planning 

efforts in Riverside County, each of 

which constitutes a ‘‘subregional’’ plan 

under the State of California’s Natural 

Community Conservation Planning 

(NCCP) Act, as amended. 

As described in the Draft MSHCP and 

the Draft EIR/EIS, the proposed MSHCP 

would provide for the creation of a 

reserve system that protects and 

manages approximately 725,780 acres of 

habitat for the Covered Species, 

including approximately 538,000 acres 

of existing conservation lands as of 2003 

(482,000 acres as of 1996), 98,100 acres 

conserved as the local mitigation 

component as of 2003 (100,600 acres as 

of 1996), and 10,800 acres of other nonpermittee public and quasi-public lands 

to be conserved. It is anticipated that as 

of 2003, 31,250 acres will be acquired 

by State and Federal agencies 

independent of the MSHCP (39,850 

acres as of 1996). The financing plan for 

the local portion of the reserve assembly 

as of 2003 addresses 90,600 acres and 

includes a mitigation fee, tipping fee for 

use of waste management facilities, 

transportation mitigation fees, and other 

funding sources. 

The Draft MSHCP identifies the 

proposed reserve system which will be 

established from lands within 21 

conservation areas that are either 

adjacent or linked by biological 

corridors. The acquisition program for 

the reserve system, involving 

conservation of 140,150 acres is 

anticipated to occur over the first 30 

years of the permit. When completed, 

the reserve system will include core 

habitat for Covered Species, essential 

ecological processes, and biological 

corridors and linkages to provide for the 

conservation of the proposed Covered 

Species.

The Draft MSHCP includes measures 

to avoid and minimize incidental take of 

the Covered Species, emphasizing 

project design modifications to protect 

both habitats and species’ individuals. 

A monitoring and reporting plan would 

gauge the MSHCP’s success based on 

achievement of biological goals and 

objectives and would ensure that 

conservation keeps pace with 

development. The Draft MSHCP also 

includes a management program, 

including adaptive management, which 

allows for changes in the conservation 

program if the biological species 

objectives are not met, or new 

information becomes available to 

improve the efficacy of the MSHCP’s 

conservation strategy. 

Covered Activities would include 

public and private development within 

the plan area that requires certain 

ministerial and discretionary actions by 

a permittee subject to consistency with 

MSHCP policies, regional transportation 

facilities, maintenance of and safety 

improvements on existing roads, the 

Circulation Elements of the permittees, 

maintenance and construction of flood 

control facilities, and compatible uses in 

the reserve. The Draft MSHCP makes a 

provision for the inclusion of special 

districts and other non-permittee 

entities in the permit with a certificate 

of inclusion. 

The Public Use and Trails Plan 

element of the Draft MSHCP provides 

for coordinated management of trails on 

public lands involving members of the 

public, local jurisdictions, and State and 

other Federal agencies. The Recovery 

Plan for Bighorn Sheep in the 

Peninsular Ranges, California (USFWS 

2000) recommends development and 

implementation of an interagency trails 

management plan to reduce or eliminate 

detrimental human activities within 

bighorn sheep habitat. The California 

Desert Conservation Area Plan 

Amendment for the Coachella Valley

(December 2002) prescribes a 

combination of methods to avoid, 

reduce, or mitigate disturbance to 

bighorn sheep, including voluntary 

avoidance programs, closures, seasonal 

restrictions, and permit stipulations and 

mitigations. 

The Draft EIR/EIS analyzes five other 

alternatives in addition to the proposed 

MSHCP Preferred Project Alternative 

described above including: an 

alternative that would not include the 

City of Palm Springs; an alternative that 

includes all existing local, State, and 

Federal agency land and private 

conservation land with additional 

management prescriptions; an 

alternative that protects core habitat, 

ecological processes, and biological 

corridors with less land than the 

preferred alternative; an expanded 

conservation alternative; and a no 

project alternative. 

Pursuant to the June 10, 2004, order 

in Spirit of the Sage Council v. Norton,

Civil Action No. 98–1873 (D. D.C.), the 

Service is enjoined from approving new 

section 10(a)(1)(B) permits or related 

documents containing ‘‘No Surprises’’

assurances until such time as the 

Service adopts new permit revocation 

rules specifically applicable to section 

10(a)(1)(B) permits in compliance with 

the public notice and comment 

requirements of the Administrative 

Procedure Act. This notice concerns a 

step in the review and processing of a 

section 10(a)(1)(B) permit and any 

subsequent permit issuance will be in 

accordance with the Court’s order. Until 

such time as the Service’s authority to 

issue permits with ‘‘No Surprises’’

assurances has been reinstated, the 

Service will not approve any incidental 

take permits or related documents that 

contain ‘‘No Surprises’’ assurances. 

Public Comments 

The Service and CVAG invite the 

public to comment on the Draft MSHCP, 

Draft Implementing Agreement, and 

Draft EIR/EIS during a 90-day public 

comment period beginning the date of 

this notice. The comment period is 

opened for 90 days to eliminate the 

need for an extension subsequent to the 

close of the comment period. All 

comments received, including names 

and addresses, will become part of the 

official administrative record and may 

be made available to the public. This 

notice is provided pursuant to section 

10(a) of the Act and Service regulations 

for implementing the National 

Environmental Policy Act of 1969 (40 

CFR 1506.6). The Service will evaluate 

the application, associated documents, 

and comments submitted thereon to 

prepare a Final EIS. A permit decision 

will be made no sooner than 30 days 

after the publication of the Final EIS 

and completion of the Record of 

Decision.

Dated: October 22, 2004. 

Russell Joe Bellmer, 

Acting Deputy Manager, California/Nevada 

Operations Office, U.S. Fish and Wildlife 

Service.

[FR Doc. 04–24274 Filed 11–4–04; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management 

[ID–070–2824–DS–PJ04] 

Fire, Fuels, and Related Vegetation 

Management Direction Draft Plan 

Amendment and Environmental Impact 

Statement

AGENCY: Bureau of Land Management, 

Interior.

ACTION: Notice of availability.

SUMMARY: The Upper Snake River 

District of the Bureau of Land 

Management (BLM), located in southVerDate jul<14>2003 13:07 Nov 04, 2004 Jkt 205001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.SGM 05NON1