Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Notices 53131 

to provide regulatory assurance to MSU 

by relieving it from any additional 

responsibility under the Act beyond that 

which exists at the time it enters into 

the program, i.e., the Safe Harbor 

Agreement. Specifically, the Applicant 

will restore and enhance RCW habitat 

by the following actions: (1) Grow and 

maintain trees of sufficient size and 

quantity for suitable nesting /roosting 

habitat for three recruitment clusters; (2) 

Install artificial nesting cavity inserts; 

and (3) Control hardwood mid and 

under story vegetation and provide 

diverse herbaceous groundcover by 

thinning timber and prescribing 

frequent fire. 

No RCWs currently occupy the JSMF; 

therefore, MSU has a zero baseline. As 

a result of the specific conservation 

actions, however, it is expected that the 

RCW population on the JSMF will 

increase from this baseline. Under the 

Agreement, MSU may be allowed the 

opportunity to incidentally take RCWs 

at some point in the future if abovebaseline RCWs are attracted to the 

enrolled property by the proactive 

management measures undertaken by 

MSU. The authorization for incidental 

take in the Agreement and ESP will 

have certain conditions. Further details 

on the topics described above are found 

in the aforementioned documents 

available for review under this notice. 

The geographic scope of the 

Applicant’s Agreement is approximately 

8,136 acres of land (e.g., the JSMF), 

which is located in Oktibbeha and 

Winston Counties, Mississippi. 

We have made a preliminary 

determination that execution of the 

Agreement and associated issuance of 

the ESP will not result in significant 

environmental, economic, social, 

historical or cultural impacts and is, 

therefore, categorically excluded from 

review under the National 

Environmental Policy Act (NEPA) of 

1969, as amended, pursuant to 516 

Department Manual 2, Appendix 1 and 

516 Department Manual 6 Appendix 1. 

In addition, we have evaluated the 

proposed Agreement and ESP 

application under section 106 of the 

National Historic Preservation Act and 

have concluded that approval will not 

affect cultural resources on, or eligible 

for, the National Historic Register of 

Historic Places. We base our 

conclusions on our review of the 

process for protection and consideration 

of cultural resources included in the 

associated Agreement as well as on the 

scope of the voluntary management 

actions identified in the Agreement. We 

have consulted with the Mississippi 

State Historic Preservation Officer and 

have received concurrence with our 

conclusion. 

We provide this notice under section 

10(c) of the Act (16 U.S.C. 1531, et seq.) 

and under our implementing regulations 

for NEPA (40 CFR 1506.6). We will 

evaluate the proposed Agreement, 

associated documents, and comments 

submitted thereon to determine whether 

the requirements of section 10(a) of the 

Act and NEPA have been met. If we 

determine that the requirements are 

met, we will issue an ESP under section 

10(a)(1)(A) of the Act to the Applicant 

in accordance with the terms of the 

Agreement and specific terms and 

conditions of the authorizing ESP. 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. 

Dated: August 30, 2006. 

Ed Buskirk, 

Acting Regional Director, Southeast Region. 

[FR Doc. E6–14868 Filed 9–7–06; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Notice of intent To Prepare a 

Comprehensive Conservation Plan and 

Environmental Assessment for Tensas 

River National Wildlife Refuge in 

Madison, Tensas, and Franklin 

Parishes, LA 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of intent. 

SUMMARY: The Fish and Wildlife 

Service, Southeast Region, intends to 

gather information necessary to prepare 

a comprehensive conservation plan and 

environmental assessment for Tensas 

River National Wildlife Refuge, 

pursuant to the National Environmental 

Policy Act of 1969 and its implementing 

regulations. 

The National Wildlife Refuge System 

Administration Act of 1966, as amended 

by the National Wildlife Refuge System 

Improvement Act of 1997, requires the 

Service to develop a comprehensive 

conservation plan for each national 

wildlife refuge. The purpose in 

developing a comprehensive 

conservation plan is to provide refuge 

managers with a 15-year strategy 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 mandate, and Service policies. In 

addition to outlining broad management 

direction on conserving wildlife and 

their habitats, plans identify wildlifedependent recreational opportunities 

available to the public, including 

opportunities for hunting, fishing, 

wildlife observation, wildlife 

photography, and environmental 

education and interpretation. 

The purpose of this notice is to 

machine the following: 

(1) Advise other agencies and the 

public of our intentions, and 

(2), Obtain suggestions and 

information on the scope of issues to 

include in the environmental document. 

DATES: To ensue consideration, written 

comments must be received no later 

than November 7, 2006. 

ADDRESSES: Address comments, 

questions, and requests for more 

information to Tina Chouinard, Natural 

Resource Planner, Central Louisiana 

National Wildlife Refuge Complex, 401 

Island Road, Marksville, Louisiana 

71351. 

SUPPLEMENTARY INFORMATION: Special 

mailings, newspaper articles, and other 

media announcements will be used to 

inform the public and state and local 

government agencies of meeting dates 

and opportunities for input throughout 

the planning process. All comments 

received from individuals become part 

of the official public record. Requests 

for such comments will be handled in 

accordance with the Freedom of 

Information Act and the Council on 

Environmental Quality’s NEPA, 

regulations [40 CFR 15076.6(f)]. 

Tensas River National Wildlife Refuge 

lies within a physiographic region 

known as the Mississippi Alluvial 

Valley. This valley was, at one time, a 

25-million-acfre forested wetland 

complex that extended along both sides 

of the Mississippi River from Illinois to 

Louisiana. More than 90 percent of the 

original forest has been cleared for 

agriculture. Congress authorized the 

establishment of the refuge in June 

1980, in an effort to conserve the largest 

privately owned tract of bottomland 

hardwoods remaining in the region. It 

was acquired through a joint effort of 

the Fish and Wildlife Service and the 

Army Corps of Engineers to mitigate the 

loss of fish and wildlife resources 

associated with six flood control 

projects under construction, or being 

planned in that portion of the state. 

The refuge, totaling 71,217 acres, is 

located in the Tensas River Basin in 

northeast Louisiana, approximately 60 

miles east of Monroe, Louisiana, and 25 

miles west of Vicksburg, Mississippi. 

The office/visitor center and 

maintenance facilities are located on the 


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53132 Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Notices 

refuge approximately 12 miles 

southwest of Tallulah, Louisiana. 

FOR FURTHER INFORMATION CONTACT: Tina 

Chouinard, Natural Resource Planner, 

Central Louisiana National Wildlife 

Refuge Complex, telephone: 318/253–

4238; fax: 318/253–7139; e-mail: 

tina_chouinard@fws.gov or mail (write 

to the Natural Resource Planner at 

address in ADDRESSES section). 

Authority: This notice is published under 

the authority of the National Wildlife Refuge 

System Improvement Act of 1997, Public 

Law 105–57. 

Dated: August 9, 2006. 

Cynthia K. Dohen, 

Acting Regional Director. 

[FR Doc. 06–7503 Filed 9–7–06; 8:45 am] 

BILLING CODE 4310–55–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Water Act, Clean Air 

Act, and the Emergency Planning and 

Community Right-to-Know Act 

Under the policy set out as 28 CFR 

50.7, notice is hereby given that on 

August 31, 2006, the United States 

lodged with the United States District 

Court for the Northern District of Iowa, 

Eastern Division, a proposed consent 

decree (‘‘Consent Decree’’) in the case of 

United States v. AgriProcessors, Inc., 

Civ. A. No. C04–1037–LRR. 

The Consent Decree settles claims by 

the United States, pursuant to Sections 

301 and 307 of the Clean Water Act 

(‘‘CWA’’), 33 U.S.C. 1311 and 1317; 

Section 112(r) of the Clean Air Act 

(‘‘CAA’’), 42 U.S.C. 7412(r); and 

Sections 312 and 313 of the Emergency 

Planning and Community Right-toKnow Act (‘‘EPCRA’’), 42 U.S.C. 11022 

and 11023, against AgriProcessors, Inc. 

(‘‘Agri’’), regarding its meat processing 

plant in Postville, Iowa. A complaint 

filed in December 2004 alleged, inter 

alia, that Agri (1) contributed 

wastewater from its plant to the City of 

Postville’s publicly owned treatment 

works in violation of Section 307 of the 

CWA; (2) failed to properly submit 

emergency and hazardous chemical 

inventory forms and other records in 

violation of Sections 312(a) and 313 of 

EPCRA; and (3) failed to properly 

develop and implement a risk 

management program in violation of 

Section 112(r) of the CAA. 

Under the Consent Decree, Agri agrees 

to a resolve the United States’ claims for 

a civil penalty and a Supplemental 

Environmental Project (‘‘SEP’’). For the 

SEP, Agri will expend at least $12,330 

to purchase certain emergency response 

equipment needed by the City of 

Postville Fire Department. Agri will pay 

the cash penalty, $590,756, over a twoyear period with interest. In addition, 

Agri agrees to perform an environmental 

compliance audit at is Postville facility, 

to assess current compliance with the 

CAA and EPCRA, including applicable 

state analogues. Agri will also perform 

an environmental compliance audit at 

its new meat processing facility in 

Gordon, Nebraska, to assess current 

compliance with all applicable Federal 

and state environmental requirements. 

The Department of Justice will receive 

comments relating to the Consent 

Decree for a period ending on October 

5, 2006. Comments must be submitted 

by close of business on October 5, 2006, 

and should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. AgriProcessors, Inc., DOJ Ref. 

No. 90–5–1–1–08078/2. 

The Consent Decree may be examined 

at the offices of the United States 

Attorney, Northern District of Iowa, 401 

First Street, SE., Hach Building, Suite 

400, Cedar Rapids, IA 52401–1825, and 

at the offices of U.S. EPA Region 7, 901 

N. 5th Street, Kansas City, KS 66101. 

During the public comment period, 

the Consent Decree may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/open.html. A copy 

of the Consent Decree may also be 

obtained by mail from the Consent 

Decree Library, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, or by faxing or e-mailing a 

request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–1547. In requesting a 

copy from the Consent Decree Library, 

please enclose a check in the amount of 

$12.25 (25 cents per page reproduction 

cost) payable to the U.S. Treasury). 

Maureen M. Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 06–7515 Filed 9–7–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Partial Consent 

Decree Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980 (‘‘CERCLA’’) 

Consistent with Section 122(d) of the 

Comprehensive Environmental 

Response, compensation, and Liability 

Act of 1980, as amended (‘‘CERCLA’’), 

42 U.S.C. 9622(d), and 28 CFR 50.7, 

notice is hereby given that on 

September 1, 2006, a proposed Partial 

Consent Decree with Gerdau Ameristeel 

US Inc. in United States v. American 

Cyanamid, et al., Nos. 1:02–CV–109–1 

and 1:03–CV–122–3 (M.D. Ga.), was 

lodged with the United States District 

Court for the Middle District of Georgia. 

In this action, the United States seeks 

to recover from various defendants, 

pursuant to Sections 107 and 113(g)(2) 

of CERCLA, 42 U.S.C. 9607 and 

9613(g)(2), the costs incurred and to be 

incurred by the United States in 

responding to the release and/or 

threatened release of hazardous 

substances at and from the Stoller 

Chemical Company/Pelham Phosphate 

Company Site (‘‘Site’’) in Pelham, 

Mitchell County, Georgia. Under the 

proposed Partial Consent Decree, 

Defendant Gerdau Ameristeel US Inc. 

will pay $7,250,000 to the Hazardous 

Substances Superfund in 

reimbursement of the costs incurred by 

the United States at the Site. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Partial Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. American Cyanamid, et al., 

(M.D. Ga.) (Partical Consent Decree with 

Gerdau Ameristeel US Inc., DOJ Ref. No. 

90–11–3–07602). 

The Partical Consent Decree may be 

examined at the Office of the United 

States Attorney, Middle District of 

Georgia, Cherry St. Galleria, 4th Floor, 

433 Cherry St., Macon, GA 31201 ((478) 

752–3511), and at U.S. EPA Region 4, 

Atlanta Federal Center, 61 Forysth 

Street, SW., Atlanta, Georgia 30303 

(contact Bonnie Sawyer, Esq. (404) 562–

9539). During the public comment 

period, the Partial Consent Decree may 

also be examined on the following 

Department of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Partial Consent Decree may also be 


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