Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices 58603 

Next Steps 

If we decide to issue a permit to an 

applicant listed in this notice, we will 

publish a notice in the Federal Register. 

Authority 

We publish this notice under section 

10(c) of the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.). 

Lourdes Mena, 

Acting Deputy Assistant Regional Director, 

Ecological Services, Southeast Region. 

[FR Doc. 2023–18523 Filed 8–25–23; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–ES–2023–0124; 

FXES11140800000–234–FF08EVEN00] 

Endangered and Threatened Wildlife 

and Plants; Three Draft Habitat 

Conservation Plans and Associated 

Draft Categorical Exclusions for 

Development of Single-Family 

Residences; Los Osos, San Luis 

Obispo County, CA 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), have received 

three applications for incidental take 

permits (ITPs) for the federally 

threatened Morro shoulderband snail 

under the Endangered Species Act of 

1973, as amended. Each of three 

applicants submitted a permit 

application which, if issued, would 

authorize take of the Morro 

shoulderband snail incidental to 

activities associated with development 

of a single-family residence in Los Osos, 

San Luis Obispo County, California. As 

part of the application for an ITP, each 

applicant submitted a draft habitat 

conservation plan for their respective 

project. For each proect, The Service 

prepared a draft low-effect screening 

form and environmental action 

statement in accordance with the 

National Environmental Policy Act to 

evaluate the potential effects to the 

natural and human environment 

resulting from issuing an ITP to each 

applicant for their project. We invite the 

public and local, State, Tribal, and 

Federal agencies to comment on these 

documents. 

DATES: Written comments should be 

received on or before September 27, 

2023. 

ADDRESSES: Obtaining Documents: The 

documents this notice announces, as 

well as any comments and other 

materials that we receive, will be 

available for public inspection online in 

Docket No. FWS–R8–ES–2023–0124 at 

https://www.regulations.gov. Submitting 

Written Comments: Please send us your 

written comments using one of the 

following methods: 

• Online: https://

www.regulations.gov. Follow the 

instructions for submitting comments 

on Docket No. FWS–R8–ES–2023–0124. 

• U.S. mail: Public Comments 

Processing; Attn: FWS–R8–ES–2023– 

0124; U.S. Fish and Wildlife Service; 

MS: PRB/3W; 5275 Leesburg Pike; Falls 

Church, VA 22041–3803. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Henry, Fish and Wildlife 

Biologist, by email at rachel_henry@

fws.gov or via phone at (805) 448–7484. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: We, the 

U.S. Fish and Wildlife Service (Service), 

have received three applications for 

incidental take permits (ITPs) under the 

Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.). 

The applicants have developed draft 

habitat conservation plans (HCPs) for 

the respective projects that include 

measures to mitigate and avoid/ 

minimize impacts to the federally 

threatened Morro shoulderband snail 

(Helminthoglypta walkeriana). Each of 

the permits, if granted, would authorize 

take of the Morro shoulderband snail 

incidental to otherwise lawful activities 

associated with construction of singlefamily residences within the community 

of Los Osos in San Luis Obispo County, 

California. In addition, two of the HCPs 

anticipate impacts to the federally 

threatened Morro manzanita 

(Arctostaphylos morroensis). The 

Service prepared three draft screening 

forms in accordance with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) to 

evaluate the potential effects to the 

natural and human environment 

resulting from issuing the ITPs and 

implementing the draft HCPs, in order 

to determine if the actions fit within the 

criteria for categorical exclusions under 

NEPA. We invite public comment on all 

of these documents. 

Background 

The Service listed the Morro 

manzanita as threatened on December 

15, 1994 (59 FR 64613), and listed the 

Morro shoulderband snail as 

endangered on December 15, 1994 (65 

FR 64613), and reclassified the Morro 

shoulderband snail from endangered to 

threatened on February 3, 2022 (87 FR 

6063). Section 9 of the ESA prohibits 

‘‘take’’ of fish and wildlife species listed 

as endangered (16 U.S.C. 1538), where 

take is defined to include the following 

activities: ‘‘to harass, harm, pursue, 

hunt, shoot, wound, kill, trap, capture, 

or collect, or to attempt to engage in any 

such conduct’’ (16 U.S.C. 1532). The 

take prohibitions of section 9 are 

extended to species listed as threatened 

at the discretion of the Secretary of the 

Department of the Interior, and were 

extended to Morro shoulderband snail 

with exceptions. The Service published 

a 4(d) rule that includes exceptions to 

incidental take associated with native 

habitat enhancement and fire reduction 

activities (87 FR 6063). 

Under section 10(a)(1)(B) of the ESA 

(16 U.S.C. 1539(a)(1)(B)), we may issue 

permits to authorize take of listed fish 

and wildlife species that is incidental 

to, and not the purpose of, carrying out 

an otherwise lawful activity. 

Regulations governing incidental take 

permits for endangered and threatened 

species are in the Code of Federal 

Regulations (CFR) at 50 CFR 17.22 and 

17.32, respectively. Issuance of an ITP 

also must not jeopardize the existence of 

federally listed fish, wildlife, or plant 

species, pursuant to section 7 of the 

ESA and 50 CFR 402.02. The permittee 

would receive assurances under our 

‘‘No Surprises’’ regulations (50 CFR 

17.22(b)(5) and 17.32(b)(5)). 

Proposed Activities 

Each applicant has applied for a 

permit for incidental take of the Morro 

shoulderband snail. The take would 

occur in association with activities 

associated with development of singlefamily residences and ancillary features 

on lots zoned for residential use within 

the community of Los Osos in San Luis 

Obispo County, California. 

The respective HCPs include 

avoidance and minimization measures 

for the Morro shoulderband snail and 

mitigation for unavoidable loss of 

habitat that is occupied by the species. 

As mitigation for the loss of suitable 

habitat, the applicants propose 

mitigation that will support the recovery 

goals of the species such as restoration 

and protection of habitat. 


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58604 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment, including your 

personal identifying information, may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public view, we 

cannot guarantee that we will be able to 

do so. 

Authority 

We provide this notice under section 

10(c) of the Endangered Species Act (16 

U.S.C. 1531 et seq.) and its 

implementing regulations (50 CFR 17.22 

and 17.32) and National Environmental 

Policy Act (42 U.S.C. 4321 et seq.) and 

its implementing regulations (40 CFR 

1506.6). 

Stephen Henry, 

Field Supervisor, Ventura Fish and Wildlife 

Office, Ventura, California. 

[FR Doc. 2023–18480 Filed 8–25–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

[NPS–WASO–NAGPRA–NPS0036466; 

PPWOCRADN0–PCU00RP14.R50000] 

Notice of Inventory Completion: 

Gilcrease Museum, Tulsa, OK 

AGENCY: National Park Service, Interior. 

ACTION: Notice. 

SUMMARY: In accordance with the Native 

American Graves Protection and 

Repatriation Act (NAGPRA), the 

Gilcrease Museum has completed an 

inventory of human remains and 

associated funerary objects and has 

determined that there is a cultural 

affiliation between the human remains 

and associated funerary objects and 

Indian Tribes or Native Hawaiian 

organizations in this notice. The human 

remains and associated funerary objects 

were removed from Clark, Garland, 

Lafayette, Miller, Ouachita, and Union 

Counties, AR. 

DATES: Repatriation of the human 

remains and associated funerary objects 

in this notice may occur on or after 

September 27, 2023. 

ADDRESSES: Laura Bryant, Gilcrease 

Museum, 800 S Tucker Drive, Tulsa, OK 

74104, telephone (918) 596–2747, email 

laura-bryant@utulsa.edu. 

SUPPLEMENTARY INFORMATION: This 

notice is published as part of the 

National Park Service’s administrative 

responsibilities under NAGPRA. The 

determinations in this notice are the 

sole responsibility of the Gilcrease 

Museum. The National Park Service is 

not responsible for the determinations 

in this notice. Additional information 

on the determinations in this notice, 

including the results of consultation, 

can be found in the inventory or related 

records held by the Gilcrease Museum. 

Description 

Human remains representing, at 

minimum, one individual were removed 

from Clark County, AR. In December of 

1938, avocational archeologists Harry J. 

Lemley and S.D. Dickinson excavated 

these human remains at the Kirkham 

Place (3CL29). The 27 associated 

funerary objects are 20 lots consisting of 

sherds; one lot consisting of faunal 

remains, including antlers; two lots 

consisting of faunal bone tools; two lots 

consisting of lithic tools, including 

projectile points, scrapers, flakes, and 

knives; one lot consisting of pipe 

fragments; and one lot consisting of 

celts. 

Human remains representing, at 

minimum, one individual were removed 

from Garland County, AR. In 1929, 

Reverend O.N. Wehunt removed these 

human remains from the Jim 

Williamson Place, and at an unknown 

date, Harry J. Lemley acquired them 

from Wehunt. The one associated 

funerary object is a ceramic vessel. 

Human remains representing, at 

minimum, three individuals were 

removed from Lafayette County, AR. In 

1900, H.A. McCants removed these 

human remains from the Joe Russell 

Place (3LA91, 3LA245, 3LA246), and at 

an unknown date, Harry J. Lemley 

acquired them. The one associated 

funerary object is a ceramic vessel. 

Human remains representing, at 

minimum, one individual were removed 

from Lafayette County, AR. Sometime in 

the early 20th century, Gamel Smith 

removed these human remains from 

Lester’s Brother’s Place (3LA38, 3LA48), 

and at an unknown date, Harry J. 

Lemley acquired them. The one 

associated funerary object is a ceramic 

vessel. 

Human remains representing, at 

minimum, two individuals were 

removed from Lafayette County, AR. 

During the early 20th century, various 

individuals, including Dan Jenkins, 

removed items from the Battle Place/ 

William Handy Place (3LA0001), and at 

different times during the early-to-mid20th century, Harry J. Lemley acquired 

them. The five associated funerary 

objects are one lot consisting of sherds, 

one lot consisting of faunal remains, two 

lots consisting of lithic tools, and one 

ceramic vessel. 

Human remains representing, at 

minimum, one individual were removed 

from Miller County, AR. In 1935, Harry 

J. Lemley removed these human remains 

from the Crenshaw Place (3MI6). No 

associated funerary objects are present. 

In 1955, the Gilcrease Foundation 

purchased the human remains and 

associated funerary objects listed above 

from Harry J. Lemley. In 1963–1964, the 

Foundation transferred this collection to 

the City of Tulsa. 

Human remains representing, at 

minimum, one individual were removed 

from Miller County, AR. In 1967, 

Gregory Perino, a curator at Gilcrease 

Museum at the time, removed these 

human remains from the Haley Place 

(3MI11). The three associated funerary 

objects are two ceramic vessels and one 

ceramic pipe bowl. 

The human remains and associated 

funerary objects listed below were part 

of Frank and Norma Soday’s collection. 

In 1982, the Thomas Gilcrease Museum 

Association purchased this collection 

and gifted it to the Gilcrease Museum. 

Human remains representing, at 

minimum, one individual were removed 

from Ouachita County, AR. In 1950, 

Frank Soday, an avocational 

archeologist, removed these human 

remains from Carroll Givens Mound 

(3OU27, Soday site 380). No associated 

funerary objects are present. 

Human remains representing, at 

minimum, one individual were removed 

from Ouachita County, AR. Sometime 

between 1948 and 1950, Frank Soday 

removed these human remains from 

Hindman Mound (Soday site 306). The 

two associated funerary objects are two 

lots consisting of faunal remains. 

Human remains representing, at 

minimum, three individuals were 

removed from Ouachita County, AR. In 

1949, Frank Soday removed these 

human remains from Bacon Mound #3 

(3OU131, Soday site 360). The four 

associated funerary objects are one lot 

consisting of lithic tools, one lot 

consisting of pottery sherds, one lot 

consisting of faunal remains, and one lot 

consisting of daub. 

Human remains representing, at 

minimum, seven individuals were 

removed from Ouachita County, AR. In 

1950, Frank Soday removed these 

human remains from Freo Island (Soday 

site 371). The eight associated funerary 

objects are three lots consisting of faunal 

remains, one lot consisting of pottery 

sherds and daub, one lot consisting of 

shell beads and lithics, one ceramic 

vessel, one lot consisting of lithic tools, 

and one lot consisting of antlers. 


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