Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 48777 

The Regulatory Flexibility Act 

The Manual is not subject to notice 

and comment under the Administrative 

Procedure Act, and, therefore, is not 

subject to the analytical requirements of 

the Regulatory Flexibility Act, 5 U.S.C. 

601 et seq. The Manual provides the 

BLM with instruction and information 

under the authority of the Secretary of 

the Interior and does not compel any 

other party to conduct any action. 

Small Business Regulatory Enforcement 

Fairness Act 

This Manual is not a ‘‘major rule’’ as 

defined at 5 U.S.C. 804(2). That is, the 

manual will not have an annual effect 

on the economy of $100 million or 

more; it will not result in major cost or 

price increases for consumers, 

industries, government agencies, or 

regions; and it will not have significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of U.S.-based 

enterprises to compete with foreignbased enterprises. 

Unfunded Mandates Reform Act of 1995 

In accordance with the Unfunded 

Mandates Reform Act, 2 U.S.C. 1501, et 

seq., the Manual will not significantly or 

uniquely affect small governments. A 

Small Government Agency Plan is not 

required. The Manual does not require 

any additional management 

responsibilities. Further, it is not a 

significant regulatory action under the 

Unfunded Mandates Reform Act 

because the Manual will not produce a 

Federal mandate of $100 million or 

greater in any year. These policies and 

procedures are not expected to have 

significant economic impacts nor will 

they impose any unfunded mandates on 

other Federal, State, or local government 

agencies to carry out specific activities. 

Federalism, Executive Order 13132 

In accordance with Executive Order 

13132, the Manual does not have 

significant Federalism effects, and 

therefore, a Federalism assessment is 

not required. The policies and 

procedures will not have substantial 

direct effects on the States, on the 

relationship between the Federal 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. No intrusion on 

State policy or administration is 

expected; roles or responsibilities of 

Federal or State governments will not 

change; and fiscal capacity will not be 

substantially, directly affected. 

Therefore, the Manual does not have 

significant effects on or implications for 

Federalism. 

Paperwork Reduction Act of 1995 

The Manual does not require 

information collection as defined under 

the Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. Therefore, the Manual does 

not constitute a new information 

collection system requiring Office of 

Management and Budget (OMB) 

approval. 

National Environmental Policy Act 

(NEPA) 

The BLM has determined that this 

2009 edition of the Manual consists of 

general instructions of policy and 

procedure regarding the conduct of 

official surveys of Federal lands and 

ownership interests delineated on the 

ground and described in the official 

records of the United States. The BLM 

has developed the Manual in 

accordance with the National 

Environmental Policy Act of 1969 

(NEPA), 42 U.S.C. 4321 et seq., Council 

on Environmental Quality (CEQ) 

regulations, 40 CFR parts 1500–1508, 

and the Department of the Interior 

procedures for implementing NEPA, at 

43 CFR part 46. The CEQ regulations at 

40 CFR 1508.4 define a ‘‘categorical 

exclusion’’ as a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. The BLM has determined 

that the Manual is categorically 

excluded from further environmental 

analysis under NEPA in accordance 

with 43 CFR 46.210(i), which 

categorically excludes ‘‘[p]olicies, 

directives, regulations and guidelines: 

that are of an administrative, financial, 

legal, technical, or procedural nature 

* * *.’’ In addition, the BLM has 

determined that none of the 

extraordinary circumstances listed in 43 

CFR 46.215 applies to the Manual. 

Consultation and Coordination With 

Indian Tribal Governments (Executive 

Order 13175) 

In accordance with Executive Order 

13175, and 512 DM 2, the BLM has 

assessed the Manual’s impact on Tribal 

trust resources and has determined that 

it does not directly affect Tribal 

resources since it describes the 

Department’s procedures compliant 

with extant law, regulation, policy, and 

procedures for surveys and resurveys. 

Effects on the Nation’s Energy Supply 

(Executive Order 13211) 

Executive Order 13211, requires a 

Statement of Energy Effects for 

significant energy actions. Significant 

energy actions are actions normally 

published in the Federal Register that 

lead to the promulgation of a final rule 

or regulation and may have any adverse 

effects on energy supply, distribution, or 

use. We have explained above that the 

Manual provides the BLM with 

instruction and information under the 

authority of the Secretary of the Interior 

and does not compel any other party to 

conduct any action. This Manual is not 

a rulemaking; and therefore, not subject 

to Executive Order 13211. 

Actions To Expedite Energy-Related 

Projects (Executive Order 13212) 

Executive Order 13212 requires 

agencies to expedite energy-related 

projects by streamlining internal 

processes while maintaining safety, 

public health, and environmental 

protections. Today’s publication is in 

conformance with this requirement as it 

maintains streamlined processes and 

may enhance certainty as to the location 

of energy-related project boundaries. 

Takings Implication Assessment 

(Executive Order 12630) 

In accordance with Executive Order 

12630, the Department has reviewed 

today’s notice to determine whether it 

would interfere with constitutionallyprotected property rights. The Secretary 

of the Interior shall not execute a 

resurvey as to impair the bona fide 

rights or claims of any claimant, 

entryman, or owner of lands affected by 

such resurvey, 43 U.S.C. 772. The 

Manual describes how cadastral surveys 

are to be made in conformance with 

statutory law and its judicial 

interpretation and does not compel any 

other party to conduct any action. 

Dated: September 8, 2009. 

Robert V. Abbey, 

Director, Bureau of Land Management. 

[FR Doc. E9–23216 Filed 9–22–09; 4:15 pm] 

BILLING CODE 4310–84–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R7–R–2008–N0094; 70133–1265– 

0000–S3] 

Togiak National Wildlife Refuge, 

Dillingham, AK 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of Availability of the 

Revised Comprehensive Conservation 

Plan and Finding of No Significant 

Impact for the Environmental 

Assessment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service) announce the 

availability of our Revised 

Comprehensive Conservation Plan 

(CCP) and Finding of No Significant 


srobinson on DSKHWCL6B1PROD with NOTICES
48778 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 

Impact (FONSI) for the Environmental 

Assessment (EA) for the Togiak National 

Wildlife Refuge (Togiak Refuge). In this 

revised CCP, we describe how we will 

manage this refuge for the next 15 years. 

ADDRESSES: You may view or obtain 

copies of the revised CCP and FONSI by 

any of the following methods. You may 

request a paper copy, a summary, or a 

CD–ROM containing both. 

Agency Web Site: Download a copy of 

the documents at http://alaska.fws.gov/ 

nwr/planning/togpol.htm. 

E-mail: fw7_togiak_planning@fws.gov. 

Mail: Maggi Arend, Planning Team 

Leader, U.S. Fish and Wildlife Service, 

1011 East Tudor Road, MS 231, 

Anchorage, AK 99503–6199. 

In-Person Viewing or Pickup: Call 

(907) 786–3393 to make an appointment 

during regular business hours at the 

USFWS Regional Office, 1011 E. Tudor 

Road, Anchorage, AK 99503 or call 

(907) 883–5312 to make an appointment 

during regular business hours at Togiak 

Refuge, 6 Main Street, Dillingham, AK 

99576. 

FOR FURTHER INFORMATION CONTACT: 

Maggi Arend, Planning Team Leader, 

(907) 786–3393 or 

fw7_togiak_planning@fws.gov. 

SUPPLEMENTARY INFORMATION: 

Introduction 

With this notice, we finalize the CCP 

process for the Togiak Refuge. We 

started this process with a Notice of 

Intent in the Federal Register (64 FR 

25899, May. 13, 1999) and a revised 

Notice of Intent in the Federal Register 

(71 FR 42116, July 25, 2006). We 

announced the availability of the draft 

CCP and EA, and requested comments 

in a notice of availability in the Federal 

Register (72 FR 54921, Sept. 27, 2007). 

Togiak Refuge is located 400 miles 

west of Anchorage, Alaska. The Refuge 

is bordered to the south by Bristol Bay, 

to the west by Kuskokwim Bay, to the 

north by Yukon Delta National Wildlife 

Refuge and to the east by Wood-Tikchik 

State Park. Of the 4.7 million acres 

within the boundary, 4.2 million acres 

is under management by the Service, 

including the 2.3 million-acre Togiak 

Wilderness. Three major watersheds, 

the Kanketok, Goodnews, and Togiak 

rivers, provide abundant fish habitat 

within the Refuge, where more than 1 

million salmon come to spawn each 

year. The Refuge also includes coastal 

areas varying from sandy beaches to 

steep rocky cliffs, including rare 

protected haul outs for Pacific Walrus. 

We announce our decision and the 

availability of the FONSI for the revised 

CCP for the Togiak Refuge in accordance 

with National Environmental Policy Act 

(NEPA) (40 CFR 1506.6(b)) 

requirements. We completed a thorough 

analysis of impacts on the human 

environment in the EA that 

accompanied the draft revised CCP. 

The CCP will guide us in managing 

and administering the Togiak Refuge for 

the next 15 years. The revised CCP is 

Alternative 1, the preferred alternative 

in the draft CCP, developed in response 

to public scoping comments. 

Background 

The Alaska National Interest Lands 

Conservation Act of 1980 (94 Stat. 2371; 

ANILCA) and the National Wildlife 

Refuge System Improvement Act of 

1997 (16 U.S.C. 668dd–668ee) require 

us to develop a CCP for each Alaska 

refuge. The purpose for developing a 

CCP is to provide refuge managers with 

a 15-year plan for achieving refuge 

purposes and contributing toward the 

mission of the National Wildlife Refuge 

System, consistent with sound 

principles of fish and wildlife 

management, conservation, legal 

mandates, and our policies. We will 

review and update the CCP at least 

every 15 years in accordance with 

national policy and ANILCA. 

ANILCA requires us to designate areas 

according to their respective resources 

and values and to specify programs and 

uses within the areas designated. To 

meet this requirement, the Alaska 

Region established management 

categories for refuges including 

Wilderness, Minimal, Moderate, 

Intensive, and Wild River management. 

In the past, additional categories, 

including Cooperative Management 

were also included but are no longer 

used. For each management category we 

identified appropriate activities, public 

uses, commercial uses, and facilities. 

This revision reclassifies Cooperative 

Management lands as Minimal 

Management. Only Minimal and 

Wilderness management categories are 

applied to Togiak Refuge. 

Draft CCP Alternatives 

The Draft Plan identified one 

significant planning issue, the effect of 

management on activities and uses 

within the Togiak Refuge. Two 

alternatives were considered in the 

environmental assessment. Alternative 

1, the Proposed Action, includes 

implementation of updated management 

guidelines, converting lands in 

Cooperative Management into Minimal 

Management, and adds Refuge goals and 

objectives. Alternative 2, Current 

Management, would continue to 

implement current management as 

outlined in the 1987 Comprehensive 

Plan, including the use of the 

Cooperative Management category. The 

Refuge would not have a clearly stated 

vision statement, goals and objectives to 

guide management. 

Comments on the Draft CCP 

Comments on the draft CCP/EA for 

Togiak Refuge were solicited by the 

Service from October 3, 2007, through 

January 18, 2008. During the public 

review and comment period the Service 

held public meetings in Anchorage, 

Dillingham, Quinhagak, Goodnews Bay, 

and Togiak, Alaska. The planning team 

reviewed, analyzed, and summarized all 

comments received at the public 

meetings and in writing. 

Selected Alternative—Alternative 1 

Two alternatives were considered in 

the environmental assessment. 

Alternative 1, the Proposed Action, 

encompasses policy development, 

changes, and clarifications made in the 

years since the implementation of the 

original Comprehensive Plan in 1987. It 

also converts lands in Cooperative 

Management into Minimal Management, 

and adds a Refuge vision statement, 

goals and objectives. 

Dated: September 18, 2009. 

Gary Edwards, 

Acting Regional Director, U.S. Fish and 

Wildlife Service, Anchorage, Alaska. 

[FR Doc. E9–23029 Filed 9–23–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLWY–957400–09–L14200000–BJ0000] 

Notice of Filing of Plats of Survey, 

Wyoming 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Filing of Plats of 

Survey, Wyoming. 

SUMMARY: The Bureau of Land 

Management (BLM) has filed the plats of 

survey of the lands described below in 

the BLM Wyoming State Office, 

Cheyenne, Wyoming, on the dates 

indicated. 

FOR FURTHER INFORMATION CONTACT: 

Bureau of Land Management, 5353 

Yellowstone Road, P.O. Box 1828, 

Cheyenne, Wyoming 82003. 

SUPPLEMENTARY INFORMATION: These 

surveys were executed at the request of 

the Bureau of Land Management, and 

are necessary for the management of 

resources. The lands surveyed are: 

The supplemental plat representing 

the segregation of Tract 54 from Tract 52 


srobinson on DSKHWCL6B1PROD with NOTICES