This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

51550 

Vol. 74, No. 193 

Wednesday, October 7, 2009 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

Notice of Request for a Revision of a 

Currently Approved Information 

Collection 

AGENCY: Commodity Credit Corporation, 

USDA. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the intention of the 

Commodity Credit Corporation (CCC) to 

request a revision of a currently 

approved information collection in 

support of the CCC’s Dairy Export 

Incentive Program (DEIP) based on reestimates. This information collection 

has applied to CCC’s Export 

Enhancement Program (EEP) as well as 

the DEIP. However, the EEP has been 

repealed by the Food, Conservation, and 

Energy Act of 2008. The program 

regulations at 7 CFR 1494 will be 

updated to delete references to the EEP. 

DATES: Comments on this notice must be 

received by December 7, 2009. 

Additional Information or Comments: 

Contact Mark Rowse, Director, Credit 

Programs Division, Office of Trade 

Programs, Foreign Agricultural Service, 

U.S. Department of Agriculture, AgBox 

1025, Washington, DC 20250–1025, or 

by telephone at (202) 720–0624. 

SUPPLEMENTARY INFORMATION: 

Title: CCC’s Dairy Export Incentive 

Program (DEIP). 

OMB Number: 0551–0028. 

Expiration Date of Approval: January 

31, 2010. 

Type of Request: Revision of a 

currently approved information 

collection. 

Abstract: The major objective of the 

DEIP is to expand U.S. dairy product 

exports by paying cash to exporters as 

bonuses, allowing them to sell U.S. 

dairy products in targeted countries at 

competitive prices. Currently, 102 

countries and 3 country regions are 

targeted export destinations and 650 

exporters are eligible to participate 

under the DEIP. Under 7 CFR part 1494, 

exporters are required to submit the 

following: (1) Information required for 

program participation (section 

1494.301), (2) performance security 

(section 1494.401), (3) export sales 

information in connection with 

applying for a CCC bonus (section 

1494.501), and (4) evidence of export 

and related information (section 

1494.701). In addition, each exporter 

must maintain accurate records showing 

sales and deliveries of the eligible 

commodity exported in connection with 

an agreement made under the DEIP, as 

outlined in section 1494.1001. The 

information collected is used by CCC to 

manage, plan for and evaluate the use 

of, and account for Government 

resources. The reports and records are 

required to ensure the proper and 

judicious use of public funds. 

Estimate of Burden: The public 

reporting burden for these collections is 

estimated to average 41 minutes per 

response. 

Respondents: Exporters of U.S. 

agricultural commodities, banks or other 

financial institutions, producer 

associations, export trade associations, 

and U.S. Government agencies. 

Estimated Number of Respondents: 10 

per annum. 

Estimated Number of Responses per 

Respondent: 81 per annum. 

Estimated Total Annual Burden on 

Respondents: 553.5 hours. 

Copies of this information collection 

can be obtained from Tamoria 

Thompson-Hall, the Agency Information 

Collection Coordinator, at (202) 690– 

1690. 

Requests for comments: Send 

comments regarding (a) Whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information will have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; (c) 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

through the use of automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

Comments may be sent to Mark Rowse, 

Director, Credit Programs Division, 

Foreign Agricultural Service, U.S. 

Department of Agriculture, AgBox 1025, 

Washington, DC 20250–1025, or to the 

Desk Officer for Agriculture, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Washington, DC 20503. Persons with 

disabilities who require an alternative 

means for communication of 

information (Braille, large print, 

audiotape, etc.) should contact USDA’s 

Target Center at (202) 720–2600 (voice 

and TDD). All responses to this notice 

will be summarized and included in the 

request for OMB approval. All 

comments will also become a matter of 

public record. 

Signed at Washington, DC, on September 

22, 2009. 

John D Brewer, 

Acting Administrator, Foreign Agricultural 

Service, and Acting Vice President, 

Commodity Credit Corporation. 

[FR Doc. E9–24181 Filed 10–6–09; 8:45 am] 

BILLING CODE 3410–10–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Black Hills National Forest, Mystic 

Ranger District, South Dakota, Section 

30 Limestone Mining Proposal 

AGENCY: Forest Service, USDA. 

ACTION: Corrected Notice of Intent to 

prepare an environmental impact 

statement. 

SUMMARY: A Plan of Operation has been 

submitted by Pete Lien and Sons, Inc., 

for the purpose of mining for chemical 

grade limestone within mining claims 

on National Forest System land. The 

proposal is to mine within Pennington 

County totaling approximately 100 acres 

about one mile north of the northwest 

boundary of Rapid City, South Dakota. 

The original Notice of Intent for this 

project was published in Federal 

Register (71 FR 208, pg. 62989) on 

Friday, October 27, 2006. This corrected 

Notice of Intent is being republished 

due to time lapse between the original 

publication of the NOT and the new 

estimated Draft and Final ETS 

publication dates. 


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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 51551 

DATES: The draft environmental impact 

statement is expected to be available for 

public review in December of 2009 and 

the final environmental impact 

statement is expected to be completed 

by March of 2010. 

FOR FURTHER INFORMATION CONTACT: 

Dave Slepnikoff, Project Coordinator, 

Black Hills National Forest, Mystic 

Ranger District, at above address, phone 

(605) 343–1567. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Action 

The Purpose and Need for this project 

is authorization of Pete Lien and Sons, 

Inc., proposal to exercise their rights 

under U.S. mining laws while 

protecting the environment in 

accordance with Forest Service 

regulations for locatable minerals. The 

Purpose and Need has several 

components. Pete Lien and Sons, Inc. 

has a statutory right to extract locatable 

minerals (chemical grade limestone) as 

proposed in accordance with the 

General Mining Law of 1872, as 

amended (30 U.S.C. 21–54). The Forest 

Service has the responsibility to protect 

surface resources of National Forest 

System lands to the extent practicable. 

Forest Service mining regulations state 

that, ‘‘operations shall be conducted so 

as, where feasible, to minimize adverse 

impacts on National Forest System 

surface resources (36 CFR 228.8).’’ 

Proposed Action 

The proposed action is to approve the 

Plan of Operation (PoO) submitted by 

Pete Lien and Sons, Inc. to mine 

approximately 100 acres of National 

Forest System lands on the PLS 30–1 

through PLS 30–10 Lode Mining Claims, 

SDMMC #209097. The Plan of 

Operations was developed by Pete Lien 

and Sons, Inc. It was submitted to the 

Forest Service in accordance with the 

General Mining Law of 1872, as 

amended and Forest Service mining 

regulations at 36 CFR 228 Subpart A. 

The Project is located between Rapid 

City and Black Hawk, South Dakota. 

Legal description is; T.2N., R.7E., NE. @ 

Section 30, BHM. 

The Plan of Operation is summarized 

as follows: 

• It is estimated that the operation 

will process approximately 10 million 

tons of limestone. The life of the 

proposed mine is estimated at 10 years, 

not including final reclamation. 

• Remove vegetation, stockpile 

topsoil for future reclamation, drill and 

blast rock to remove an approximate 20 

foot bed of limestone rock resulting in 

an open pit with approximately 20 foot 

high walls. 

• Blasted rock may be crushed on site 

to reduce size for hauling. Raw 

materials will be hauled to the east of 

Highway 79 for processing into 

chemical grade limestone products. 

• Concurrent reclamation is planned. 

Therefore approximately 60 acres will 

be disturbed at any one time. 

Reclamation will result in a depression 

on the existing hillside. High walls will 

be reduced, site graded, topsoil applied, 

and vegetation planted once mineral 

extraction is complete. 

• The Mine Safety and Health 

Administration (MSHA) will be 

responsible for enforcing mine safety 

regulations. The mine site will be 

enclosed by fences and gates as required 

by MSHA and other regulatory 

guidance. 

Pete Lien and Sons, Inc. will secure 

permits for all mining and reclamation 

activities as required by law. Several 

permits have been obtained or will be 

obtained pending the NEPA analysis 

and decision. Notable permit 

requirements include: 

• Clean Water Act—Apply for 

construction/mining activity permit 

with National Pollutant Discharge 

Elimination System (NPDES). 

• Clean Air Act—Permit or permits 

will be obtained to ensure that 

equipment and dust control measures 

comply with the Clean Air Act. 

• South Dakota Mining License—Pete 

Lien and Sons, Inc. currently has a 

mining license inclusive of the relevant 

portion of Section 30. The proposed 

mine may be exempt from further state 

permitting per a statutory exemption for 

the extraction of cement precursors. 

• Pennington County Construction 

(Mining) Permit—Pete Lien and Sons, 

Inc. will notify the County of its 

schedule and plans to initiate mining on 

Section 30. Construction permit CP 01– 

05 specifies the scope of the County’s 

further review of road impacts, 

drainage, and other matters related to 

mining on Section 30. 

Responsible Official 

Craig Bobzien, Forest Supervisor, 

Black Hills National Forest, 1019 North 

51 Street, Custer, South Dakota 57730– 

7239. 

Nature of Decision To Be Made 

The Forest Supervisor will decide 

whether the proposed action will 

proceed as proposed or as modified by 

an alternative. Also, he will decide 

which recommended mitigation 

measures and monitoring requirements 

will be applied. Finally, he will decide 

if a Forest Plan Amendment is required. 

Scoping Process 

The Forest Service advertised the 

proposal in the Rapid City Journal, 

newspaper of record on Friday, October 

27, 2006. The project is listed in the 

Black Hills National Forest Quarterly 

NEPA calendar. Adjacent landowners, 

known interested parties, and 

government agencies received letters 

describing the project and identifying 

the project timeframe. Scoping 

comments were received by November 

27, 2006. Art informational and public 

meeting was held on November 14, 

2006, at 7 p.m. in the Black Hawk 

Elementary School Gymnasium 

regarding this project proposal. 

Preliminary Issues 

At this time, project planners are 

aware of issues related to cultural 

(heritage) resources and scenic quality. 

Through the Scoping process, we will 

use comments obtained about the 

proposed action to determine the 

breadth of issues to be addressed in the 

analysis. 

The potential for adverse affects to 

heritage resources has been identified as 

an issue for this proposed undertaking. 

A number of archaeological sites have 

been identified and recorded in the 

project area as a result of heritage 

resource surveys. Five of these sites 

have been evaluated as eligible for 

nomination to the National Register of 

Historic Places. Through consultation 

with Indian Tribes, use of this area for 

religious activities has also been 

documented. Pursuant to the National 

Historic Preservation Act (NHPA), the 

Forest is in consultation with Indian 

Tribes and the South Dakota State 

Historic Preservation Office to develop 

measures of avoidance and/or 

mitigation for significant cultural and 

archaeological values by the proposed 

undertaking. Successful completion of 

consultation pursuant to the NHPA 

would result in a Memorandum of 

Agreement that will implement 

avoidance or mitigation of significant 

heritage resources in the Area of 

Potential Affect. 

The existing vegetation will be 

removed prior to mining. The current 

scenic view will be altered from visible 

vantage points. 

Comment Requested 

This notice of intent corrects 

information in the original NOI. The 

original NOI initiated the scoping 

process which guides the development 

of the environmental impact statement. 

The Forest Service sought information 

that planners may not have been aware 

of, or comments and/or concerns 


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51552 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 

regarding potential effects of the 

proposal to authorize mining on the 

Section 30 PLS Lode Mining Claims. 

Early Notice of Importance of Public 

Participation in Subsequent 

Environmental Review: A draft 

environmental impact statement will be 

prepared for comment. 

The comment period on the draft 

environmental impact statement will be 

for 45 days from the date the 

Environmental Protection Agency 

publishes the Notice of Availability in 

the Federal Register. The Forest Service 

believes, at this early stage, it is 

important to give reviewers notice of 

several court rulings related to public 

participation in the environmental 

review process. First, reviewers of draft 

environmental impact statements must 

structure their participation in the 

environmental review of the proposal so 

that it is meaningful and alerts an 

agency to the reviewer’s position and 

contentions. Vermont Yankee Nuclear 

Power Corp. v. NRDC, 435 U.S. 519, 553 

(1978). Also, environmental objections 

that could be raised at the Draft 

Environmental Impact Statement stage 

but that are not raised until after 

completion of the final environmental 

impact statement may be waived or 

dismissed by the courts. City of Angoon 

v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 

1986) and Wisconsin Heritages, Inc. v. 

Harris, 490 F. Supp. 1334, 1338 (E.D. 

Wis. 1980). Because of these court 

rulings, it is very important that those 

interested in this proposed action 

participate by the close of the 45-day 

comment period so that substantive 

comments and objections are made 

available to the Forest Service at a time 

when it can meaningfully consider them 

and respond to them in the final 

environmental impact statement. To 

assist the Forest Service in identifying 

and considering issues and concerns on 

the proposed action, comments on the 

draft environmental impact statement 

should be as specific as possible. It is 

also helpful if comments refer to 

specific pages or chapters of the draft 

statement. Comments may also address 

the adequacy of the draft environmental 

impact statement or the merits of the 

alternatives formulated and discussed in 

the statement. Reviewers may wish to 

refer to the Council on Environmental 

Quality Regulations for implementing 

the procedural provisions of the 

National Environmental Policy Act at 40 

CFR 1503.3 in addressing these points. 

Comments received, including the 

names and addresses of those who 

comment, will be considered part of the 

public record on this proposal and will 

be available for public inspection. 

Authority: 40 CFR 1501.7 and 1508.22; 

Forest Service Handbook 1909.15, Section 

21. 

Dated: September 29, 2009. 

Craig Bobzien, 

Forest Supervisor, Black Hills National Forest. 

[FR Doc. E9–24027 Filed 10–6–09; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Tri-County Advisory Committee 

Meeting 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: Pursuant to the authorities in 

the Federal Advisory Committee Act 

(Pub. L. 92–463) and under the Secure 

Rural Schools and Community SelfDetermination Act of 2000 (Pub. L. 106– 

393) the Beaverhead-Deerlodge National 

Forest’s Tri-County Resource Advisory 

Committee will meet on Friday, October 

15, 2009, from 5 p.m. until 8 p.m., in 

Deer Lodge, Montana. The purpose of 

the meeting is to review funding 

proposals for Title II funding. 

DATES: Friday, October 15, 2009, from 5 

p.m. until 8 p.m. 

ADDRESSES: The meeting will be held at 

the USDA building located 1002 

Hollenback Road, Deer Lodge, Montana 

(MT 59722). 

FOR FURTHER INFORMATION CONTACT: 

Patty Bates, Committee Coordinator, 

Beaverhead-Deerlodge National Forest, 

420 Barrett Road, Dillon, MT 59725 

(406) 683–3979; E–MAIL 

pbates@fs.fed.us. 

SUPPLEMENTARY INFORMATION: Agenda 

for this meeting include discussion 

about accomplishments, monitoring, 

priorities and funding for new project 

proposals. The meeting is open to the 

public. Public input opportunity will be 

provided and individuals will have the 

opportunity to address the Committee at 

that time. 

Dated: September 28, 2009. 

David R. Myers, 

Designated Federal Official. 

[FR Doc. E9–24028 Filed 10–6–09; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

National Urban and Community 

Forestry Advisory Council 

AGENCY: Forest Service, USDA. 

ACTION: Announcement for the 2010 

U.S. Forest Service Urban and 

Community Forestry Challenge CostShare Grant Opportunity. 

SUMMARY: The National Urban and 

Community Forestry Advisory Council 

(Council) is charged, by law, to provide 

recommendations to the Secretary of 

Agriculture on urban forestry related 

issues and opportunities. Part of the 

Council’s role is to recommend the 

criteria for the U.S. Forest Service’s 

Urban and Community Forestry (U&CF) 

Challenge Cost-Share Grant Program. 

The Council has revised their criteria 

for the U.S. Forest Service’s U&CF 

Challenge Cost-Share Grant Program for 

2010. The 2010 Grant Program will 

solicit innovative grant proposals. A 

total anticipated amount of $900,000 

would be available in 2010 for 

Innovation Grants. 

Innovation Grants 

Innovation grants are to focus on one 

of the Council’s identified priority 

issues confronting the U&CF 

community: Energy Conservation, 

Climate Change, Public Health, and 

Green Infrastructure Assessment. 

The Council will seek proposals from 

organizations and partnerships that 

demonstrate the reach, resources, and 

expertise to deliver meaningful, 

replicable results. 

DATES: Applications are available 

electronically at the following Web site, 

http://www.grants.gov. Applications 

must be submitted by 11:59 p.m., 

December 15, 2010. 

Those that do not have access to a 

computer may request a hardcopy of the 

application and instructions by 

contacting Nancy Stremple at the 

address below. 

ADDRESSES: Written comments 

concerning this announcement should 

be addressed to Nancy Stremple, 

Executive Staff to National Urban and 

Community Forestry Advisory Council, 

201 14th St., SW., Yates Building (1 

Central) MS–1151, Washington, DC 

20250–1151. Comments may also be 

sent via e-mail to nstremple@fs.fed.us, 

or via facsimile to 202–690–5792 

All comments, including names and 

addresses when provided, are placed in 

the record and are available for public 

inspection and copying. The public may 

inspect comments received at 201 14th 

St., SW., Yates Building (1 Central) MS– 

1151, Washington, DC. Visitors are 

encouraged to call ahead to 202–205– 

1054 to facilitate entry into the building. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Stremple, Executive Staff or the 

U&CF Staff Assistant to National Urban 


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