31186 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Notices

address. Please refer to permit number

TE–26687–0. when submitting

comments.

FOR FURTHER INFORMATION CONTACT:

Tannika Engelhard at the above Austin

Ecological Services Field Office.

SUPPLEMENTARY INFORMATION: Section 9

of the Act prohibits the ‘‘taking’’ of

endangered species such as the Houston

toad. However, the Service, under

limited circumstances, may issue

permits to take endangered wildlife

species incidental to, and not the

purpose of, otherwise lawful activities.

Regulations governing permits for

endangered species are at 50 CFR 17.22.

Applicant

Cornerstone Construction Company

plans to construct a single family

residence on 0.5 acres of each of three

lots (Lot 20, Section 5; Lot 49, Section

7; Lot 38, Section 8) in the Circle D

Country Acres Subdivision, Bastrop

County, Texas. This action will

eliminate 1.5 acres or less (0.5 acres or

less per homesite) and result in indirect

impacts within the lot. The applicant

proposes to compensate for this

incidental take of the Houston toad by

providing $4,500.00 ($1,500 per

homesite )to the National Fish and

Wildlife Foundation for the specific

purpose of land acquisition and

management within Houston toad

habitat, as identified by the Service.

Frank S. Shoemaker, Jr.,

Acting Regional Director, Region 2,

Albuquerque, New Mexico.

[FR Doc. 00–12246 Filed 5–15–00; 8:45 am]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Notice of Availability of an

Environmental Assessment/Habitat

Conservation Plan for Issuance of an

Endangered Species Act Section

10(a)(1)(A) Permit for the Incidental

Take Permit of the Houston Toad (Bufo

houstonensis) During Construction of

One Single Family Residence on Lots

247–248, Unit 2, Block 3 in the Tahitian

Village Subdivision in Bastrop County,

Texas

SUMMARY: Richard Hyatt (Applicant) has

applied to the U.S. Fish and Wildlife

Service (Service) for an incidental take

permit pursuant to Section 10(a) of the

Endangered Species Act (Act). The

Applicant has been assigned permit

number TE–025653–0. The requested

permit, which is for a period of 5 years,

would authorize the incidental take of

the endangered Houston Toad (Bufo

houstonensis). The proposed take would

occur as a result of the construction and

occupation of one single family

residence on Lots 247–248, Unit 2,

Block 3, of the Tahitian Village

Subdivision, Bastrop County, Texas.

The Service has prepared the

Environmental Assessment/Habitat

Conservation Plan (EA/HCP) for the

incidental take application. A

determination of jeopardy to the species

or a Finding of No Significant Impact

(FONSI) will not be made until at least

30 days from the date of publication of

this notice. This notice is provided

pursuant to Section 10(c) of the Act and

National Environmental Policy Act

regulations (40 CFR 1506.6).

DATES: Written comments on the

application and the EA/HCP should be

received on or before June 15, 2000.

ADDRESSES: Persons wishing to review

the application may obtain a copy by

writing to the Regional Director, U.S.

Fish and Wildlife Service, P.O. Box

1306, Albuquerque, New Mexico 87103.

Persons wishing to review the EA/HCP

may obtain a copy by written or

telephone request to Tannika Engelhard,

U.S. Fish and Wildlife Service,

Ecological Services Office, 10711 Burnet

Road, Suite 200, Austin, Texas 78758

(512/490–0057). Documents will be

available for public inspection by

written request or by appointment only

during normal business hours (8:00 to

4:30) at the U.S. Fish and Wildlife

Service Office, Austin, Texas. Data or

comments concerning the application

and EA/HCP should be submitted in

writing to the Field Supervisor, U.S.

Fish and Wildlife Service Office,

Austin, Texas at the above address.

Please refer to permit number TE–

025653–0 when submitting comments.

FOR FURTHER INFORMATION CONTACT:

Tannika Engelhard at the above U.S.

Fish and Wildlife Service Office,

Austin, TX.

SUPPLEMENTARY INFORMATION: Section 9

of the Act prohibits the ‘‘taking’’ of

endangered species such as the Houston

toad. However, the Service, under

limited circumstances, may issue

permits to take endangered wildlife

species incidental to, and not the

purpose of, otherwise lawful activities.

Regulations governing permits for

endangered species are at 50 CFR 17.22.

Applicant

Richard Hyatt plans to construct one

single family residence on 0.5 acres of

the 0.5-acres Lots 247–248, Unit 2,

Block 3, Tahitian Village Subdivision,

Bastrop County, Texas. This action will

eliminate less than 0.5 acres of habitat

and result in an unquantifiable amount

of indirect impact. The applicants

propose to compensate for this

incidental take of the Houston Toad by

providing $1,000.00 to the National Fish

and Wildlife Foundation for the specific

purpose of land acquisition and

management within Houston toad

habitat, as identified by the Service.

Alternatives to this action were

rejected because not developing the

subject property with federally listed

species present was not economically

feasible and alteration of the project

design would not alter the level of

impacts.

Frank S. Shoemaker, Jr.,

Acting Regional Director, Region 2,

Albuquerque, New Mexico.

[FR Doc. 00–12247 Filed 5–15–00; 8:45 am]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Proposed Agency Information

Collection Activities; Comment

Request

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice.

SUMMARY: This notice announces that

the Information Collection Request for

the Payment for Appointed Counsel in

Involuntary Indian Child Custody

Proceedings in State Courts requires

renewal. Before submitting a request for

extension of this collection to the Office

of Management and Budget (OMB), the

Department of the Interior is soliciting

public comments on this information

collection as required by the Paperwork

Reduction Act of 1995, Public Law 104–

13, 44 U.S.C. 3506(c)(2)(A).

DATES: Written comments must be

submitted on or before July 17, 2000.

ADDRESSES: Direct all written comments

to Chester J. Eagleman, Sr., Bureau of

Indian Affairs, 1849 C Street, NW, MS–

4660–MIB, Washington, D.C. 20240.

All written comments will be

available for public inspection in Room

4651 of the Main Interior Building, 1849

C Street, NW, Washington, DC from 9

a.m. until 3 p.m., Monday through

Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information

should be directed to Chester J.

Eagleman, 202–208–2721 (This is not a

toll-free number).

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Notices 31187

SUPPLEMENTARY INFORMATION: 

Abstract

A state court that appoints counsel for

an indigent Indian parent or Indian

custodian in an involuntary Indian

child custody proceeding in a State

court may send written notice to the

Bureau of Indian Affairs (Bureau) when

appointment of counsel is not

authorized by State law. The cognizant

Bureau Regional Director uses this

information to decide whether to certify

that the client in the notice is eligible to

have his counsel compensated by the

Bureau in accordance with the Indian

Child Welfare Act, Public Law 95–608.

II. Method of Collection

The following information is collected

in a notice from State courts in order to

certify payment of appointed counsel in

involuntary Indian child custody

proceedings. The information collected

and the reasons for the collection are

listed below:

Information collected Reason for collection

(a) Name, address and telephone number of attorney appointed ........... (a) To identify attorney appointed as counsel and method of contact.

(b) Name and address of client for whom counsel is appointed ............. (b) To identify indigent party in an Indian child custody proceeding for

whom counsel is appointed.

(c) Applicant’s relationship to child ........................................................... (c) To determine if the person is eligible for payment of attorney fees

as specified in Public Law 95–608.

(d) Name of Indian child’s tribe ................................................................ (d) To determine if the child is a member of a federally recognized tribe

and is covered by the Indian Child Welfare Act (ICWA).

(e) Copy of petition or complaint .............................................................. (e) To determine if this custody proceeding is covered by the ICWA.

(f) Certification by the court that State law does not provide for appointment of counsel in such proceedings.(f) To determine if other State laws provide for such appointment of

counsel and to prevent duplication of effort.

(g) Certification by the court that the Indian client is indigent ................. (g) To determine if the client has resources to pay for counsel.

(h) The amount of payments due counsel utilizing the same procedures

used to determine expenses in juvenile delinquency proceedings.

(h) To determine if the amount of payment due appointed counsel is

based on State court standards in juvenile delinquency proceedings.

(i) Approved vouchers with court certification that the amount requested

is reasonable considering the work and the criteria used for determining fees and expenses for juvenile delinquency proceedings.

(i) To determine the amount of payment considered reasonable in accordance with State standards for a particular case.

Proposed use of the information: The

information collected will be used by

the respective Bureau Regional Director

to determine:

(a) If an individual Indian involved in

an Indian child custody proceeding is

eligible for payment of appointed

counsel’s attorney fees;

(b) If any State statutes provide for

coverage of attorney fees under these

circumstances;

(c) The State standards for payment of

attorney fees in juvenile delinquency

proceedings; and,

(d) The name of the attorney, and his

actual voucher certified by the court for

the work completed on a preapproved

case. This information is required for

payment of appointed counsel as

authorized by Public Law 95–608.

III. Data

(1) Title of the Collection of

Information: Department of the Interior,

Bureau of Indian Affairs, Payment for

Appointed Counsel in Involuntary

Indian Child Custody Proceedings in

State Courts.

OMB Number: 1076–0111.

Expiration Date: August 31, 2000.

Type of Review: Extension of a

currently approved collection.

Affected Entities: State courts and

individual Indians eligible for payment

of attorney fees pursuant to 25 CFR

23.13.

Estimated number of respondents: 4.

Proposed frequency of response: 1.

(2) Estimate of total annual reporting

and record keeping burden that will

result from the collection of this

information: 12 hours.

Reporting: 2 hours per response × 4

respondents = 8 hours.

Recordkeeping: 1 hour per response ×

4 respondents = 4 hours.

Estimated Total Annual Burden

Hours: 12 hours.

Estimated Annual Costs: $540.00 (12

hours × $45.00 per hour).

(3) Description of the need for the

information and proposed use of the

information: Submission of this

information is required in order to

receive payment for appointed counsel

under 25 CFR 23.13. The information is

collected to determine applicant

eligibility for services.

IV. Request for Comments

The Department of the Interior invites

comment on:

(a) Whether the 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 agencies’

estimate of the burden (including hours

and cost) of the proposed collection of

information, including the validity of

the methodology and assumptions used;

(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 appropriate automated,

electronic, mechanical, or other

collection techniques or other forms of

information technology.

Burden means the total time, effort, or

financial resources expended by persons

to generate, maintain, retain, or disclose

or provide information to or for a federal

agency. This includes the time needed

to review instructions; to develop,

acquire, install and utilize technology

and systems for the purpose of

collecting, validating, and verifying

information, processing and

maintaining information, and disclosing

and providing information; to train

personnel and to be able to respond to

a collection of information, to search

data sources, to complete and review

the collection of information; and to

transmit or otherwise disclose the

information.

The comments, names and addresses

of commenters will be available for

public view during regular business

hours. If you wish us to withhold this

information, you must state this

prominently at the beginning of your

comment. We will honor your request to

the extent allowable by law.

An agency may not conduct or

sponsor, and a person is not required to

respond to a collection of information

unless it displays a currently valid

Office of Management and Budget

control number.

Dated: May 5, 2000.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 00–12192 Filed 5–15–00; 8:45 am]

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