Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Notices 65215

Permit No. Applicant Receipt of application Federal Register notice Permit issuance date 

090017 ................................. Antonio Iaquinta ................ 69 FR 51703; August 20, 2004 ..................................... October 13, 2004. 

090230 ................................. Arthur R. Schisler .............. 69 FR 51703; August 20, 2004 ..................................... October 19, 2004. 

091335 ................................. Jeffrey E. Fuhse ................ 69 FR 54149; September 7, 2004 ................................ October 19, 2004. 

Dated: October 22, 2004. 

Lisa J. Lierheimer, 

Senior Permit Biologist, Branch of Permits, 

Division of Management Authority.

[FR Doc. 04–25117 Filed 11–9–04; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

the Proposed Desert Rock Energy 

Project, San Juan County, NM

AGENCY: Bureau of Indian Affairs, 

Interior.

ACTION: Notice.

SUMMARY: This notice advises the public 

that the Bureau of Indian Affairs (BIA), 

in cooperation with the Navajo Nation, 

intends to gather the information 

necessary for preparing an 

Environmental Impact Statement (EIS) 

for the proposed approval of a lease to 

Sithe Global Power, LLC, to construct, 

operate and maintain a coal-fired, 

electric power-generating plant on 

approximately 600 acres of land held in 

trust by the United States for the benefit 

of the Navajo Nation in San Juan 

County, New Mexico. The purpose of 

the proposed action is to help meet the 

economic development needs of the 

Navajo Nation and the growing energy 

needs of the western United States. This 

notice also announces public scoping 

meetings to identify potential issues and 

content for inclusion in the EIS.

DATES: Written comments on the scope 

of the EIS or implementation of the 

proposal must arrive by December 17, 

2004. The public scoping meetings will 

be held Monday, Tuesday, Wednesday, 

and Thursday, December 6, 7, 8, and 9, 

2004, starting at 6:30 p.m.

ADDRESSES: You may mail or hand carry 

written comments to Eloise Chicharello, 

Director, Navajo Regional Office, Bureau 

of Indian Affairs, PO Box 1060, Gallup, 

New Mexico 87305. 

The addresses for the public scoping 

meetings are as follows: 

December 6, 2004—Central High 

School Cafeteria, 4525 North Central 

Avenue, Phoenix, Arizona. 

December 7, 2004—Farmington Civic 

Center, Exhibit Hall One, 20 West 

Arrington, Farmington, New Mexico. 

December 8, 2004—Western New 

Mexico University, 2055 State Road 602, 

Gallup, New Mexico. 

December 9, 2004—Flagstaff High 

School, 400 West Elm Street, Flagstaff, 

Arizona.

FOR FURTHER INFORMATION CONTACT:

Loretta A.W. Tsosie, (505) 863–8296.

SUPPLEMENTARY INFORMATION: Sithe 

Global Power, LLC, a privately held, 

independent power company, and Dine ́

Power Authority, an enterprise of the 

Navajo Nation established by the Navajo 

Nation Council to promote the 

development of energy resources, have 

entered into a joint agreement to 

support the development of a coal-fired 

electric power-generating plant capable 

of producing as much as 1,500-

megawatt (MW), and associated 

facilities, to be operated by Sithe Global. 

The proposed 600-acre site for the 

project is located approximately 30 

miles southwest of Farmington, New 

Mexico, adjacent to the Navajo Mine, 

which would provide the low-sulfur 

coal to generate the power. The primary 

components of the proposed project 

include two 750-MW coal-fired units 

that, together, would generate as much 

as 1,500 MW; and associated facilities 

and operations, including a plant 

cooling system, a fuel supply system, 

waste management operations, safety 

systems (e.g., lighting, fire protection), 

water system infrastructure, 

transportation access roads, power 

transmission interconnection facilities, 

and construction staging areas. 

The proposed project would 

interconnect with the existing 500-kV 

transmission system operated by 

Arizona Public Service through the 

construction of approximately 25 miles 

of new transmission line to either the 

existing Four Corners Substation or a 

new substation that would be 

constructed just west of the Four 

Corners Power Plant. The project 

proposes to use existing utility corridors 

and roads for the majority of the 

interconnect system, but some new 

utility corridors and roads may need to 

be built. The project design incorporates 

appropriate measures to minimize the 

effects of the proposed project on the 

quality of the environment. 

The purpose of and need for the 

proposed project is to generate and 

distribute electricity in western United 

States markets using capacity on 

existing and proposed transmission 

lines to: 

(1) Improve and enhance the existing 

electrical power system in the West and 

deliver competitively priced power to 

these markets; 

(2) Generate electricity from a lowsulfur coal source that would reduce 

electrical output demands on natural 

gas and older coal-fired units; and 

(3) Support the Navajo Nation’s 

objective for economic development in 

the region by providing employment 

and revenue generated by the proposed 

project. 

The scoping process for the EIS will 

include: (1) Identification of issues; (2) 

identification of sensitive or critical 

environmental effects; (3) identification 

of reasonable alternatives; and (4) 

coordinating with the Navajo Nation 

Council, governmental and nongovernmental agencies and the public. 

Written comments should address: (1) 

Issues to be considered; (2) reasonable 

and feasible alternatives; or (3) 

information bearing on the EIS. 

Resources so far identified for 

analysis in the EIS include air, geology, 

soils, water, vegetation, wildlife, special 

status species, land use, access, visual 

resources, noise, social and economic 

conditions, environmental justice, 

hazardous materials, and cultural and 

paleontological resources. Analyses will 

address requirements of the Clean Water 

Act, Clean Air Act, Endangered Species 

Act, National Historic Preservation Act, 

Resource Conservation and Recovery 

Act, Comprehensive Environmental 

Response Compensation and Liability 

Act and others, as needed. Alternatives 

to be analyzed include, at a minimum, 

the proposed action and no action. The 

range of issues and alternatives to be 

addressed may be expanded based on 

comments received during the scoping 

process. 

Public Comment Availability 

Comments, including names and 

addresses of respondents, will be 

available for public review at the 

mailing address shown in the 

ADDRESSES section, during regular 

business hours, 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. Individual respondents may 

request confidentiality. If you wish us to 

withhold your name and/or address 

from public review or from disclosure 

under the Freedom of Information Act, 

65216 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Notices 

you must state this prominently at the 

beginning of your written comment. 

Such requests will be honored to the 

extent allowed by law. We will not, 

however, consider anonymous 

comments. All submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, will be 

made available for public inspection in 

their entirety. 

Authority 

This notice is published in 

accordance with section 1503.1 of the 

Council on Environmental Quality 

Regulations (40 CFR Parts 1500 through 

1508) implementing the procedural 

requirements of the National 

Environmental Policy Act of 1969, as 

amended (42 U.S.C. 4321 et seq.), and 

the Department of the Interior Manual 

(516 DM 1–6), and is in the exercise of 

authority delegated to the Assistant 

Secretary—Indian Affairs by 209 DM 8.

Dated: May 3, 2004. 

David W. Anderson, 

Assistant Secretary—Indian Affairs.

[FR Doc. 04–24988 Filed 11–9–04; 8:45 am] 

BILLING CODE 4310–W7–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs 

Plan for the Use and Distribution of 

Assiniboine and Sioux Tribes of the 

Fort Peck Reservation Judgment 

Funds in Docket No. 773–87L

AGENCY: Bureau of Indian Affairs, 

Interior.

ACTION: Notice.

SUMMARY: Notice is hereby given that 

the plan for the use and distribution of 

the Tribe’s portion of the judgment 

funds awarded in Assiniboine and 

Sioux Tribes of the Fort Peck 

Reservation, et al. v. U.S., Docket No. 

773–87L is effective as of May 29, 2004. 

On March 18, 1999, $4,522,551.84 was 

appropriated to satisfy an award that 

was made by the United States Court of 

Federal Claims to the Tribe and 

individual Indian plaintiffs in Docket 

No. 773–87L. A percentage of the 

Tribe’s portion of the aggregate award 

was transferred to a separate tribal trust 

fund account on February 14, 2001. The 

Tribe will most likely receive additional 

payments from the aggregate award once 

the identification of all individuals 

eligible to share in the aggregate award 

is complete and the pro rata shares are 

calculated. This plan pertains to the 

Tribe’s portion ($643,186.73) of the 

aggregate award and any additional 

funds the Tribe may receive from the 

aggregate award fund.

FOR FURTHER INFORMATION CONTACT:

Daisy West, Bureau of Indian Affairs, 

Division of Tribal Government Services, 

Mail Stop 320–SIB, 1951 Constitution 

Avenue, NW., Washington, DC 20240. 

Telephone number: (202) 513–7641.

SUPPLEMENTARY INFORMATION: On March 

23, 2004, the plan for the use and 

distribution of the funds was submitted 

to Congress pursuant to section 137 of 

the Act of November 10, 2003, Pub. L. 

108–108, 117 Stat. 1241, and the Indian 

Tribal Judgment Fund Act, 25 U.S.C. 

1401 et seq. Receipt of the plan by the 

House of Representatives and the Senate 

was recorded in the Congressional 

Record on March 29, 2004. The plan 

became effective on May 29, 2004, 

because a joint resolution disapproving 

it was not enacted. The plan reads as 

follows: 

Plan 

For the Use and Distribution of 

Assiniboine and Sioux Tribes of the Fort 

Peck Reservation Judgment Funds 

Docket No. 773–87–L 

This plan governs the use and 

distribution of the Tribe’s share of the 

judgment funds awarded by the United 

States Court of Federal Claims (Court) to 

the Assiniboine and Sioux Tribes of the 

Fort Peck Reservation (Tribe), et al., in 

Docket No. 773–87–L. It also governs 

any additional funds the Court may 

award to the Tribe in Docket No. 773–

87–L, including interest and investment 

income accrued on the award, less 

attorney fees and litigation expenses. 

Tribal Programming 

One hundred percent (100%) of the 

funds shall be made available for tribal 

health, education, housing and social 

services programs of the Tribe. 

Accounts shall be established for the 

following programs and funds shall be 

transferred to those accounts in the 

specified amounts—

1. Educational and Youth Programs ...................................... $86,500 

2. Facilities and Housing Improvement .............................. 150,000 

3. Equipment for Public Utilities .......................................... 136,168 

4. Medical Assistance/Dental/

Eyeglasses/Convalescent 

Equipment .............................. 126,000 

5. Senior Citizens/Community 

Services .................................. 160,000 

Total .................................... 658,668 

All funds in excess of $658,668, and 

any funds added to the trust fund 

account as the result of further court 

proceedings in Docket No. 773–87–L, 

shall be utilized for the Senior Citizens/ 

Community Services programs. None of 

these funds shall be available for per 

capita distribution to any member of the 

Tribe. 

General Provisions 

None of the funds distributed under 

this plan shall be subject to Federal or 

State income taxes, nor shall such funds 

nor their availability be considered as 

income or resources nor otherwise 

utilized as the basis for denying or 

reducing the financial assistance or 

other benefits to which such household 

or member would otherwise be entitled 

under the Social Security Act, or any 

Federal or federally assisted programs.

Dated: October 21, 2004. 

Michael D. Olsen, 

Acting Principal Deputy Assistant Secretary—

Indian Affairs.

[FR Doc. 04–25047 Filed 11–9–04; 8:45 am] 

BILLING CODE 4310–4J–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs 

Plan for the Use and Distribution of 

Mescalero Apache Judgment Funds in 

Docket No. 92–403L

AGENCY: Bureau of Indian Affairs, 

Interior.

ACTION: Notice.

SUMMARY: Notice is hereby given that 

the plan for the use and distribution of 

the judgment funds awarded to the 

Mescalero Apache Tribe in Docket No. 

92–403L is effective as of March 20, 

2004. The judgment fund was awarded 

by the United States Court of Federal 

Claims on January 31, 2002, and 

appropriated on February 25, 2002.

FOR FURTHER INFORMATION CONTACT:

Daisy West, Bureau of Indian Affairs, 

Division of Tribal Government Services, 

Mail Stop 320–SIB, 1951 Constitution 

Avenue, NW., Washington, DC 20240. 

Telephone number: (202) 513–7641.

SUPPLEMENTARY INFORMATION: On 

December 17, 2003, the plan for the use 

and distribution of the funds was 

submitted to Congress pursuant to 

section 137 of the Act of November 10, 

2003, Pub. L. 108–108, 117 Stat. 1241, 

and the Indian Tribal Judgment Fund 

Act, 25 U.S.C. 1401 et seq. Receipt of 

the plan by the House of 

Representatives and the Senate was 

recorded in the Congressional Record on 

January 20, 2004. On March 20, 2004, 

the plan became effective because a 

joint resolution disapproving it was not 

enacted. The plan reads as follows: