Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Notices 69617

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; (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 collection techniques or 

other forms of information technology; 

e.g., permitting electronic submission of 

responses. 

This Notice also lists the following 

information: 

Title of Proposal: Management 

Operations Certification. 

OMB Control Number: 2535–0106. 

Description of the Need for the 

Information and Proposed Use: To meet 

the requirements of the Public Housing 

Assessment System (PHAS) rule, the 

Department has developed the 

management operations template that 

public housing agencies (PHAs) use to 

annually submit electronically specific 

management information to HUD. HUD 

uses the management operations 

information it collects from each PHA to 

assist in the evaluation and assessment 

of the PHAs’ overall condition. 

Requiring PHAs to report electronically 

has enabled HUD to provide a more 

comprehensive assessment of the PHAs 

receiving federal funds from HUD. 

Agency Form Number, if Applicable:

Form HUD–50072. 

Members of Affected Public: Public 

housing agencies. 

Estimation of the Total Number of 

Hours Needed To Prepare the 

Information Collection Including 

Number of Respondents: The estimated 

number of respondents is 3,174 PHAs 

that submit one certification annually. 

The average number for each PHA 

response is 1.147 hours, for a total 

reporting burden of 3,643 hours. 

Status of the Proposed Information 

Collection: Extension of a currently 

approved collection.

Authority: Section 3506 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. chapter 35, 

as amended.

Dated: November 22, 2004. 

Michael Liu, 

Assistant Secretary for Public and Indian 

Housing.

[FR Doc. E4–3376 Filed 11–29–04; 8:45 am] 

BILLING CODE 4210–27–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

Proposed Low Effect Habitat 

Conservation Plan for Whiskey Creek 

Bald Eagle Nest Site in Tillamook 

County, OR

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Notice of availability; receipt of 

application. 

SUMMARY: This notice advises the public 

that Mick and Donna Ghormley, Ken 

Bilyeu, and Forrest Dickerson 

(Applicants) have applied to the Fish 

and Wildlife Service (Service or ‘‘we’’) 

for an incidental take permit (ITP), 

pursuant to section 10(a)(1)(B) of the 

Endangered Species Act of 1973, as 

amended (Act). The requested 25-year 

permit would authorize the incidental 

take of the federally-listed as threatened 

bald eagle (Haliaeetus leucocephalus), 

associated with the lawful construction 

of three residential homes, associated 

utilities, access driveways, and humanuse activities adjacent to a nest tree. The 

property is located adjacent to Netarts 

Bay, Tillamook County, Oregon. 

We are requesting comments on the 

permit application and on whether the 

proposed Habitat Conservation Plan 

(HCP) qualifies as a ‘‘low effect’’ HCP, 

eligible for a categorical exclusion under 

the National Environmental Policy Act 

(NEPA) of 1969, as amended. We 

explain the basis for this possible 

determination in a draft Environmental 

Action Statement (EAS), which is also 

available for public review.

DATES: Written comments must be 

received by 5 p.m. on December 30, 

2004.

ADDRESSES: Comments should be 

addressed to Kemper McMaster, State 

Supervisor, Fish and Wildlife Service, 

Oregon Fish and Wildlife Office, 2600 

SE 98th Ave., Suite 100, Portland, 

Oregon, 97266; facsimile (503) 231–

6195.

FOR FURTHER INFORMATION CONTACT:

Richard Szlemp, Fish and Wildlife 

Biologist (see ADDRESSES), or telephone 

(503) 231–6179.

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

Individuals wishing copies of the 

application, proposed HCP, or EAS, 

should contact the Service by telephone 

(see FOR FURTHER INFORMATION CONTACT) 

or by letter (see ADDRESSES). Copies of 

the subject documents also are available 

for public inspection during regular 

business hours at the Oregon Fish and 

Wildlife Office (see ADDRESSES). 

Background 

Section 9 of the Act and its 

implementing regulations prohibit the 

take of animal species listed as 

endangered or threatened. Under the 

Act, the following activities are defined 

as take: to harass, harm, pursue, hunt, 

shoot, wound, kill, trap, capture, or 

collect listed animal species, or attempt 

to engage in such conduct (16 U.S.C. 

1538). However, under section 10(a) of 

the Act, the Service may issue permits 

to authorize incidental take of listed 

animal species. ‘‘Incidental take’’ is 

defined by the Act as take that is 

incidental to, and not the purpose of, 

carrying out an otherwise lawful 

activity. Regulations governing 

incidental take permits for threatened 

and endangered species are found in the 

Code of Federal Regulations at 50 CFR 

17.22 and 50 CFR 17.32. The Applicants 

are seeking a permit for the incidental 

take of the bald eagle during the life of 

the permit. 

Proposed covered activities under this 

HCP include construction of three 

conventional homes, associated utilities, 

access driveways and parking areas, and 

activities associated with occupation of 

the homes. The proposed three 

residential lots (lot 400, approx. 0.52 

acre; lot 500, approx. 0.43 acre; and lot 

201, approx. 4.3 acres) are platted in a 

subdivision. The Whiskey Creek bald 

eagle nest tree occurs on lot 400. The 

nest was discovered in 2001 and has 

been monitored for the past 4 years. 

There have been no chicks or eggs 

observed to date.

The proposed minimization and 

mitigation measures include protecting 

all but one of the 26 suitable bald eagle 

perch trees (greater than 30 inches in 

diameter) on the three lots. The 

proposed access road to lot 201 comes 

close to four other large trees and 

excavation near these trees will be 

minimized as practicable. The 

landowner plans to preserve the 

remaining large trees as a management 

action. This proposal has the potential 

to impact nesting success of the Whisky 

Creek bald eagle pair by loss of the nest 

tree and/or disturbance (i.e., noise and 

human activity). The possibility that the 

nest tree will be lost is related to the 

likelihood that the proposed houses and 

utilities will cut the roots of the nest 

tree or the adjacent large spruce tree. All 

excavations for house foundations, 

driveways and septic fields are 

proposed outside of the estimated root 

zones for each tree (50 feet from the nest 

tree). Outdoor construction will be 

prohibited from 15 January to 15 August 

of any year if the nest is successful and 

69618 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Notices 

from 15 January to 15 May of any year 

if the nest is not successful. 

Approval of the HCP may qualify as 

a categorical exclusion under NEPA, as 

provided by the Departmental Manual 

(516 DM 2, Appendix 1, and 516 DM 6, 

Appendix 1) and as a ‘‘low effect’’ plan 

as defined by the Habitat Conservation 

Planning Handbook (Service, November 

1996). Determination of low effect HCPs 

is based upon the plan having: Minor or 

negligible effects on federally-listed, 

proposed, and candidate species and 

their habitats; minor or negligible effects 

on other environmental values or 

resources; and impacts that considered 

together with the impacts of other past, 

present, and reasonably foreseeable 

similarly situated projects would not 

result, over time, in cumulative effects 

to the environmental values or resources 

which would be considered significant. 

If it is found to qualify as a low-effect 

HCP, further NEPA documentation 

would not be required. 

Public Review and Comment 

If you wish to comment on the permit 

application, draft Environmental Action 

Statement or the proposed HCP, you 

may submit your comments to the 

address listed in the ADDRESSES section 

of this document. We will evaluate this 

permit application, associated 

documents, and comments submitted 

thereon to determine whether the 

permit application meets the 

requirements of section 10(a) of the Act 

and NEPA regulations. Individual 

respondents may request that we 

withhold their home address from the 

record, which we will honor to the 

extent allowable by law. There also may 

be circumstances in which we would 

withhold from the record a respondent’s 

identity, as allowable by law. If you 

wish us to withhold your name and/or 

address, you must state this 

prominently at the beginning of your 

comment. All submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, are 

available for public inspection in their 

entirety. If we determine that the 

requirements are met, we will issue an 

incidental take permit under section 

10(a)(1)(B) of the Act to the Applicants 

for the take of the bald eagle, incidental 

to otherwise lawful activities in 

accordance with the terms of the permit. 

We will not make our final decision 

until after the end of the 30-day 

comment period and will fully consider 

all comments received during the 

comment period. 

Pursuant to an order issued on June 

10, 2004, by the District Court for the 

District of Columbia in Spirit of the Sage 

Council v. Norton, Civil Action No. 98–

1873 (D. D.C.), the Service is enjoined 

from issuing new section 10(a)(1)(B) 

permits or related documents containing 

‘‘No Surprises’’ assurances, as defined 

by the Service’s ‘‘No Surprises’’ rule 

published at 63 FR 8859 (February 23, 

1998), 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 

Procedures 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 June 10, 2004, order 

has been rescinded or the Service’s 

authority to issue permits with ‘‘No 

Surprises’’ assurances has been 

otherwise reinstated, the Service will 

not approve any incidental take permits 

or related documents that contain ‘‘No 

Surprises’’ assurances. 

The Service provides this notice 

pursuant to section 10(c) of the Act and 

pursuant to implementing regulations 

for NEPA (40 CFR 1506.6).

Dated: November 2, 2004. 

Daniel H. Diggs, 

Acting Deputy Regional Director, Fish and 

Wildlife Service, Portland, Oregon.

[FR Doc. 04–26418 Filed 11–29–04; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

Notice of Intent To Prepare 

Comprehensive Conservation Plan and 

Environmental Assessment for the 

Lacreek National Wildlife Refuge 

Complex, Martin, SD

AGENCY: Fish and Wildlife Service, 

Department of the Interior.

ACTION: Notice of intent.

SUMMARY: The U.S. Fish and Wildlife 

Service intends to gather information 

necessary to prepare a Comprehensive 

Conservation Plan and associated 

environmental documents for the 

Lacreek National Wildlife Refuge 

Complex located in South Dakota. The 

Service is issuing this notice in 

compliance with its policy to advise 

other organizations and the public of its 

intentions and to obtain suggestions and 

information on the scope of issues to be 

considered in the planning process.

DATES: Written comments should be 

received by January 1, 2005.

ADDRESSES: Comments and request for 

more information should be sent to: 

Lacreek NWR Planning Project, HC5 

Box 114, Martin, South Dakota 57551.

FOR FURTHER INFORMATION CONTACT:

Linda Kelly, Refuge Planner, Division of 

Refuge Planning, P.O. Box 25486, DFC, 

Denver, Colorado 80225; (303) 236–

8132.

SUPPLEMENTARY INFORMATION: The 

Service has initiated comprehensive 

conservation planning for the 

management of its natural resources. 

The complex consists of Bear Butte 

NWR, located southeast of Sturgis, 

South Dakota, and Lacreek NWR and 

Wetland Management District located 

near Martin, South Dakota in the 

southwestern part of the state. 

Comprehensive planning will develop 

management goals, objectives, and 

strategies to carry out the purposes of 

the Complex’s refuges and Wetland 

Management District, and comply with 

laws and policies governing refuge 

management and public use of refuges. 

Opportunities will be provided for 

public input at open houses to be held 

near Lacreek and Bear Butte Refuges. 

All information provided voluntarily 

by mail, phone, or at public meetings 

becomes part of the official public 

record (i.e. names, addresses, letters of 

comment, input recorded during 

meetings). If requested under the 

Freedom of Information Act by a private 

citizen or organization, the Service may 

provide copies of such information. The 

environmental impact assessment of 

this project will be conducted in 

accordance with the requirements of the 

National Environmental Policy Act of 

1969, as amended (42 U.S.C. 4321 et 

seq.), NEPA Regulations (40 CFR 1500–

1508), other appropriate Federal laws 

and regulations, Executive Order 12996, 

and the National Wildlife Refuge 

System Improvement Act of 1997, and 

Service policies and procedures for 

compliance with those regulations.

Dated: October 15, 2004. 

Sharon R. Rose, 

Acting Regional Director, Region 6, Denver, 

Colorado.

[FR Doc. 04–26422 Filed 11–29–04; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management 

[WY–920–1320–EL, WYW150210] 

Notice of Competitive Coal Lease Sale 

Reoffer, WY

AGENCY: Bureau of Land Management, 

Interior.