71422 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Notices 

Section A. Authority Delegated 

The Secretary delegates to the 

Assistant Secretary for Policy 

Development and Research, concurrent 

with the Secretary’s authority, the 

authority to designate qualified census 

tracts and difficult development areas 

for the low-income housing tax credit as 

authorized by Section 42(d)(5)(C) of the 

Internal Revenue Code of 1986 (26 

U.S.C. 42(d)(5)(C)), as well as such other 

statutory authority, duties, and 

responsibilities related to the 

designation of these tracts and areas. 

Section B. Redelegation 

The authority delegated to the 

Assistant Secretary for Policy 

Development and Research in Section A 

may not be redelegated.

Authority: Section 42(d)(5)(C) of the 

Internal Revenue Code of 1986 (26 U.S.C. 

42(d)(5)(C)), and Section 7(d) of the 

Department of Housing and Urban 

Development Act (42 U.S.C. 3535(d)).

Dated: October 25, 2004. 

Alphonso Jackson, 

Secretary.

[FR Doc. E4–3593 Filed 12–8–04; 8:45 am] 

BILLING CODE 4210–27–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

Notice of Decision and Availability of 

the Record of Decision for the Final 

Comprehensive Conservation Plan and 

Environmental Impact Statement for 

Nisqually National Wildlife Refuge, 

Thurston and Pierce Counties, 

Washington

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Notice of decision and 

availability of the record of decision. 

SUMMARY: This is a notice of decision 

and availability of the Record of 

Decision (ROD) for the Nisqually 

National Wildlife Refuge Final 

Comprehensive Conservation Plan and 

Environmental Impact Statement (Final 

CCP/EIS). The Refuge is located in 

Thurston and Pierce Counties, 

Washington. A thorough analysis of the 

environmental, social, and economic 

considerations was completed and 

presented in the Final CCP/EIS. The 

Final CCP/EIS was released to the 

public and a Notice of Availability was 

published in the Federal Register on 

August 31, 2004 (69 FR 53084). The 

ROD documents the selection of 

Alternative D, the Preferred Alternative 

in the Final CCP/EIS, as the CCP for 

Nisqually Refuge. The ROD was signed 

by the Regional Director, U.S. Fish and 

Wildlife Service, Pacific Region, on 

November 1, 2004.

ADDRESSES: A copy of the ROD or Final 

CCP/EIS may be obtained from the 

Refuge Manager, Nisqually National 

Wildlife Refuge Complex, 100 Brown 

Farm Road, Olympia, Washington 

98516, Phone (360) 753–9467, or from 

the following Web site: http://

pacific.fws.gov/planning.

FOR FURTHER INFORMATION CONTACT:

Contact the Refuge Manager, Nisqually 

National Wildlife Refuge Complex, 100 

Brown Farm Road, Olympia, 

Washington 98516, Phone (360) 753–

9467.

SUPPLEMENTARY INFORMATION: The 

Nisqually Refuge’s CCP will provide 

management guidance for conservation 

of Refuge resources and public use 

activities during the next 15 years. The 

following is a summary of the Nisqually 

Refuge’s Final CCP/EIS ROD. 

The Service has selected Alternative 

D, the Preferred Alternative, as the CCP 

for Nisqually Refuge. Alternative D 

addresses the key issues and conflicts 

identified during the planning process 

and will best achieve the purposes and 

goals of the Refuge as well as the 

mission of the National Wildlife Refuge 

System. This decision includes 

adoption of stipulations and mitigation 

measures identified in Alternative D, 

Appendix G Compatibility 

Determinations, and Appendix I Goals, 

Objectives and Strategies, of the Final 

CCP/EIS. Implementation of the CCP 

will occur over the next 15 years, 

depending on future staffing levels, 

funding, and willing sellers. 

Factors Considered in Making the 

Decision 

The decision was based on a thorough 

analysis of the environmental, social, 

and economic considerations presented 

in the Final CCP/EIS. During the 

decision making phase of the CCP 

process, the Service reviewed and 

considered: the impacts identified in 

Chapter 4 of the Draft and Final CCP/

EIS; the results of various studies and 

surveys conducted in conjunction with 

the Draft and Final CCP/EIS; relevant 

issues, concerns, and opportunities; 

comments on the Draft and Final CCP/

EIS; and other relevant factors, 

including the purposes for which the 

Refuge was established, and statutory 

and regulatory guidance. Alternative D 

incorporates several components 

addressing a variety of needs including 

fish and wildlife sanctuary, habitat 

restoration and protection, Refuge 

expansion, and the National Wildlife 

Refuge System’s six priority public uses. 

It is, however, the unique combination 

of these components that contributes the 

most to achieving the Refuge’s purposes 

and goals. Alternative D strengthens the 

monitoring of fish, wildlife, habitat, and 

public uses on the Refuge which will 

provide the means to better respond to 

rapidly changing conditions within the 

surrounding, growing urban 

environment. Alternative D was selected 

for implementation because it provides 

the greatest number of opportunities for 

the Refuge to contribute to the fish, 

wildlife, and habitat needs of the 

Nisqually River watershed and the 

greater Puget Sound region.

David J. Wesley, 

Acting Regional Director, Region 1, Portland, 

Oregon.

[FR Doc. 04–27023 Filed 12–8–04; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

Proposed Low Effect Habitat 

Conservation Plan for Shaw Mira Loma 

LLC, Riverside County, CA

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Notice of availability.

SUMMARY: Shaw Mira Loma LLC 

(Applicant) has applied to the U.S. Fish 

and Wildlife Service (Service) for a 1-

year incidental take permit for one 

covered species pursuant to section 

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

Act of 1973, as amended (Act). The 

application addresses the potential for 

‘‘take’’ of the endangered Delhi Sands 

flower-loving fly (Rhaphiomidas 

terminatus abdominalis) associated 

with construction of commercial and 

industrial facilities within a 5.02-acre 

parcel located in the unincorporated 

City of Mira Loma, Riverside County, 

California. A conservation program to 

mitigate for the project activities would 

be implemented as described in the 

proposed Shaw Mira Loma LLC Low 

Effect Habitat Conservation Plan 

(proposed Plan), which would be 

implemented by the Applicant. 

We are requesting comments on the 

permit application and on the 

preliminary determination that the 

proposed Plan qualifies as a ‘‘Loweffect’’ Habitat Conservation Plan, 

eligible for a categorical exclusion under 

the National Environmental Policy Act 

(NEPA) of 1969, as amended. The basis 

for this determination is discussed in 

the Environmental Action Statement 

(EAS) and the associated Low Effect 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Notices 71423

Screening Form, which are also 

available for public review.

DATES: Written comments should be 

received on or before January 10, 2005.

ADDRESSES: Comments should be 

addressed to the Field Supervisor, Fish 

and Wildlife Service, Carlsbad Fish and 

Wildlife Office, 6010 Hidden Valley 

Road, Carlsbad, California 92008. 

Written comments may be sent by 

facsimile to (760) 918–0638.

FOR FURTHER INFORMATION CONTACT: Ms. 

Karen Goebel, Assistant Field 

Supervisor, Carlsbad Fish and Wildlife 

Office (see ADDRESSES); telephone: (760) 

431–9440.

SUPPLEMENTARY INFORMATION: 

Availability of Documents

Individuals wishing copies of the 

application, proposed Plan, and EAS 

should immediately contact the Service 

by telephone at (760) 431–9440 or by 

letter to the Carlsbad Fish and Wildlife 

Office (see ADDRESSES). Copies of the 

proposed Plan and EAS also are 

available for public inspection during 

regular business hours at the Carlsbad 

Fish and Wildlife Office (see

ADDRESSES). 

Background 

Section 9 of the Act and its 

implementing Federal regulations 

prohibit the take of animal species listed 

as endangered or threatened. The 

definition of take under the Act 

includes the following activities: 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 

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, 

respectively, are found in the Code of 

Federal Regulations at 50 CFR 17.22 and 

50 CFR 17.32 

The Applicant is seeking a permit for 

take of the Delhi Sands flower-loving fly 

during the life of the permit. The project 

encompasses construction of 

commercial and industrial facilities 

within the 5.02-acre project site. The 

Delhi Sands flower-loving fly has been 

observed on the proposed project site; 

however, the Service believes that the 

site has limited long-term conservation 

value for the fly because the site is 

surrounded on all sides by 

development, which effectively isolates 

the site from other locations of the 

species. Construction of the proposed 

project would result in the death or 

injury of any Delhi Sands flower-loving 

flies that may remain on the site. The 

project site does not contain any other 

rare, threatened, or endangered species 

or habitat. No critical habitat for any 

listed species occurs on the project site. 

The Applicant proposes to mitigate 

the effects to the Delhi Sands flowerloving fly associated with the covered 

activities by fully implementing the 

Plan. The purpose of the proposed 

Plan’s conservation program is to 

promote the biological conservation of 

the Delhi Sands flower-loving fly. The 

Applicant proposes to mitigate the 

impacts of the taking of the Delhi Sands 

flower-loving fly by purchasing two 

credits of occupied, high quality habitat 

at a Service-approved conservation 

bank. 

The Proposed Action consists of the 

issuance of an incidental take permit 

and implementation of the proposed 

Plan, which includes measures to 

mitigate impacts of the project on the 

Delhi Sands flower-loving fly. Three 

alternatives to the taking of the listed 

species under the Proposed Action are 

considered in the proposed Plan. Under 

the No Action Alternative, no permit 

would be issued, and no construction 

would occur. Under the Reduced Project 

Alternative, incidental take of the Delhi 

Sands flower-loving fly would be 

authorized, but the applicant would 

reduce the area of impact and maintain 

a small Delhi Sands flower-loving fly 

preserve on site. Under the Western 

Riverside Multiple Species Habitat 

Conservation Plan (MSHCP) Alternative, 

incidental take would be authorized 

under the permit issued for this regional 

plan, and Delhi Sands flower-loving fly 

conservation would be consistent with 

the MSHCP. 

The Service has made a preliminary 

determination that approval of the 

proposed Plan qualifies as a categorical 

exclusion under NEPA, as provided by 

the Department of the Interior 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 (November 1996). 

Determination of Low-effect Habitat 

Conservation Plans is based on the 

following three criteria: (1) 

Implementation of the proposed Plan 

would result in minor or negligible 

effects on federally listed, proposed, and 

candidate species and their habitats; (2) 

implementation of the proposed Plan 

would result in minor or negligible 

effects on other environmental values or 

resources; and (3) impacts of the 

proposed Plan, considered together with 

the impacts of other past, present and 

reasonably foreseeable similarly situated 

projects would not result, over time, in 

cumulative effects to environmental 

values or resources which would be 

considered significant. 

Based upon this preliminary 

determination, we do not intend to 

prepare further NEPA documentation. 

We will consider public comments in 

making the final determination on 

whether to prepare such additional 

documentation. 

This notice is provided pursuant to 

section 10(c) of the Act. We will 

evaluate the permit application, the 

proposed Plan, and comments 

submitted thereon to determine whether 

the application meets the requirements 

of section 10 (a) of the Act. If the 

requirements are met, we will issue a 

permit to Shaw Mira Loma LLC for the 

incidental take of the Delhi Sands 

flower-loving fly from development of 

the Applicant’s parcel on Philadelphia 

Avenue in Riverside County, California. 

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.

Dated: December 2, 2004. 

Ken McDermond, 

Deputy Manager, California/Nevada 

Operations Office, Sacramento, California.

[FR Doc. 04–27021 Filed 12–8–04; 8:45 am] 

BILLING CODE 4310–55–P