13820 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Notices 

The three alternatives are described 

below. 

Alternative 1 (Plan with Reduced 

Take) would require a more 

comprehensive implementation of 

avoidance and minimization measures 

than the proposed Plan. Specifically, 

under Alternative 1, avoidance and 

minimization measures would be 

implemented for all activities, including 

all small disturbance activities. These 

additional requirements would reduce 

take below the level anticipated under 

the proposed Plan. Compensation ratios 

for habitat loss or disturbance would be 

the same as those for the proposed Plan. 

Alternative 2 (Plan with Enhanced 

Compensation) would provide 

enhanced compensation for impacts that 

cannot be avoided. Under Alternative 2, 

both permanent and temporary losses of 

suitable habitat would be compensated 

at a 3:1 ratio. Loss of wetlands, 

including vernal pools, would be 

compensated at a 3:1 ratio if 

compensation is accomplished through 

an existing mitigation bank, and at a 6:1 

ratio if compensation takes place 

outside existing banks. Avoidance, 

minimization measures, and thresholds 

for implementation of avoidance and 

minimization measures would be the 

same as those for the proposed Plan. 

Alternative 3 (Plan with Reduced 

Number of Covered Species) would 

cover fewer species than the proposed 

Plan. The following species covered 

under the proposed Plan would not be 

covered under Alternative 3: the vernal 

pool crustaceans, limestone salamander, 

California red-legged frog, giant garter 

snake, bank swallow, tricolored 

blackbird, Buena Vista Lake shrew, 

riparian brush rabbit, riparian woodrat, 

Tipton kangaroo rat, and 11 plant 

species. This alternative would focus on 

those species that are currently Federal 

or State listed and have been identified 

as having more than 2 acres of habitat 

likely to be disturbed by operations or 

maintenance activities each year. 

Avoidance and minimization measures, 

thresholds for implementation of 

avoidance and minimization measures, 

and habitat compensation would be the 

same as the proposed Plan. 

Under the No-Action/No-Project 

alternative, the proposed Plan would 

not be adopted, and a permit pursuant 

to Section 10(a)(1)(B) of the ESA would 

not be issued by the Service. 

Compliance with the ESA would 

continue to be addressed on a case-bycase basis. 

The final EIS/EIR is intended to 

accomplish the following: inform the 

public of the proposed Plan and the 

alternatives, address public comments 

received on the draft EIS/EIR; disclose 

the direct, indirect, and cumulative 

environmental effects of the proposed 

action and each of the alternatives; and 

indicate any irreversible commitment of 

resources that would result from the 

implementation of the proposed Plan. 

Public Review 

The Service and PG&E invite the 

public to review the final EIS/EIR, 

proposed Plan, and the IA during a 30- 

day review period beginning on the date 

of this notice. Written comments from 

interested parties are welcome to ensure 

that the issues of public concern related 

to the proposed action are identified. 

Comments and materials received will 

be available for public inspection, by 

appointment, during normal business 

hours at the office listed in the 

ADDRESSES section of this notice. All 

comments and materials received, 

including names and addresses, will 

become part of the administrative record 

and may be released to the public. Our 

practice is to make comments, including 

names, home addresses, home phone 

numbers, and email addresses of 

respondents, available for public 

review. Individual respondents may 

request that we withhold their names 

and/or homes addresses, etc., but if you 

wish us to consider withholding this 

information you must state this 

prominently at the beginning of your 

comments. In addition, you must 

present a rationale for withholding this 

information. This rationale must 

demonstrate that disclosure would 

constitute a clearly unwarranted 

invasion of privacy. Unsupported 

assertions will not meet this burden. In 

the absence of exceptional, 

documentable circumstances, this 

information will be released. We will 

always make submissions from 

organization or businesses, and from 

individuals identifying themselves as 

representatives of or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

We provide this notice in order to 

allow the public, agencies, or other 

organizations to review and comment 

on these final documents prior to our 

decision, pursuant to section 10(a) of 

the ESA and NEPA implementing 

regulations (40 CFR 1506.6 and 

1506.10). The Service will evaluate the 

permit application, the associated final 

documents, and public comments 

submitted thereon to prepare a public 

Record of Decision (40 CFR 1505.2). No 

Federal decision on the permit will be 

made until at least 30 days after 

publication of this notice and 

subsequent issuance of the Record of 

Decision. 

Dated: March 13, 2007. 

Ken McDermond, 

Deputy Manager, California/Nevada 

Operations Office, Sacramento, California. 

[FR Doc. E7–5334 Filed 3–22–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

List of Programs Eligible for Inclusion 

in Fiscal Year 2007 Funding 

Agreements With Self-Governance 

Tribes 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), publish this notice to 

list programs or portions of our 

programs that are eligible for inclusion 

in Fiscal Year 2007 funding agreements 

with self-governance tribes, and to list 

programmatic targets pursuant to 

section 405(c)(4) of the Tribal SelfGovernance Act. 

DATES: This notice expires on 

September 30, 2007. 

ADDRESSES: Direct any inquiries or 

comments about this notice to the 

American Indian Liaison Office, U.S. 

Fish and Wildlife Service, 1849 C Street, 

NW., Washington, DC 20240. 

FOR FURTHER INFORMATION: For questions 

regarding self-governance, contact 

Patrick Durham, Native American 

Liaison, U.S. Fish and Wildlife Service, 

1849 C Street, NW., Washington, DC 

20240; telephone, 202–208–4133; fax 

202–208–3524. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Title II of the Indian SelfDetermination Act Amendments of 1994 

(Pub. L. 103–413, the ‘‘Tribal SelfGovernance Act’’ or the ‘‘Act’’) 

instituted a permanent self-governance 

program at the Department of the 

Interior (DOI). Under the selfgovernance program, certain programs, 

services, functions, and activities, or 

portions thereof, in DOI bureaus other 

than the Bureau of Indian Affairs (BIA) 

are eligible to be planned, conducted, 

consolidated, and administered by a 

self-governance tribal government. 

Under section 405(c) of the Act, the 

Secretary of the Interior is required to 

publish annually: (1) A list of non-BIA 

programs, services, functions, and 

activities, or portions thereof, that are 

eligible for inclusion in agreements 

negotiated under the self-governance 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Notices 13821 

program; and (2) programmatic targets 

for these bureaus. 

Under the Act, two categories of nonBIA programs are eligible for selfgovernance annual funding agreements 

(AFAs): 

(1) Under section 403(b)(2) of the Act, 

any non-BIA program, service, function 

or activity that is administered by DOI 

that is ‘‘otherwise available to Indian 

tribes or Indians’’ can be administered 

by a tribal government through a selfgovernance AFA. The Department 

interprets this provision to authorize the 

inclusion of programs eligible for selfdetermination contracts under Title I of 

the Indian Self-Determination and 

Education Assistance Act (Pub. L. 93–

638, as amended). Section 403(b)(2) also 

specifies: ‘‘nothing in this subsection 

may be construed to provide any tribe 

with a preference with respect to the 

opportunity of the tribe to administer 

programs, services, functions and 

activities, or portions thereof, unless 

such preference is otherwise provided 

by law.’’

(2) Under section 403(c) of the Act, 

the Secretary may include other 

programs, services, functions, and 

activities or portions thereof that are of 

‘‘special geographic, historical, or 

cultural significance’’ to a selfgovernance tribe. 

Under section 403(k) of the Act, AFAs 

cannot include programs, services, 

functions, or activities that are 

inherently Federal or where the statute 

establishing the existing program does 

not authorize the type of participation 

sought by the tribe. However, a tribe (or 

tribes) need not be identified in the 

authorizing statutes in order for a 

program or element to be included in a 

self-governance AFA. While general 

legal and policy guidance regarding 

what constitutes an inherently Federal 

function exists, we will determine 

whether a specific function is inherently 

Federal on a case-by-case basis 

considering the totality of 

circumstances. 

The Office of Self-Governance 

requested comments on the proposed 

list for all bureaus on June 14, 2006. A 

number of editorial and technical 

changes were provided by Interior’s 

bureaus and incorporated into separate 

bureau-specific notices. While the 

notice of June 14, 2006, illustrated all 

eligible non-BIA programs for DOI, this 

notice is particular to the Fish and 

Wildlife Service. 

II. Existing AFAs between SelfGovernance Tribes and the Fish and 

Wildlife Service 

1. Council of Athabascan Tribal 

Governments. 

2. Confederated Salish and Kootenai 

Tribes of the Flathead Reservation. 

III. Eligible Non-BIA Programs of the 

Service 

Below is a listing of the types of nonBIA Service programs, or portions 

thereof, that may be eligible for selfgovernance funding agreements because 

they either are ‘‘otherwise available to 

Indians’’ under Title I and not 

precluded by any other law, or may 

have ‘‘special geographic, historical, or 

cultural significance’’ to a participating 

tribe. The list represents the most 

current information on programs 

potentially available to tribes under a 

self-governance AFA. 

We will also consider for inclusion in 

funding agreements other programs or 

activities not included below, but 

which, upon request of a selfgovernance tribe, we determine to be 

eligible under either sections 403(b)(2) 

or 403(c) of the Act. Tribes with an 

interest in such potential agreements are 

encouraged to begin such discussions. 

Our mission is to conserve, protect, 

and enhance fish, wildlife, and their 

habitats for the continuing benefit of the 

American people. Our primary 

responsibilities are for migratory birds, 

endangered species, freshwater and 

anadromous fisheries, and certain 

marine mammals. We also have a 

continuing cooperative relationship 

with a number of Indian tribes 

throughout the National Wildlife Refuge 

System and the Service’s fish 

hatcheries. Any self-governance tribe 

may contact a national wildlife refuge or 

national fish hatchery directly 

concerning participation in our 

programs under the Act. 

Some elements of the following 

programs may be eligible for inclusion 

in a self-governance AFA. We 

developed the list below based on the 

proximity of an identified selfgovernance tribe to a national park, 

monument, preserve, or recreation area 

and the types of programs that have 

components that may be suitable for 

contracting through a self-governance 

AFA. This list is not all-inclusive, but 

is representative of the types of Service 

programs which may be eligible for 

tribal participation through an AFA. 

1. Subsistence Programs in the State 

of Alaska. 

2. Technical Assistance: 

b. Habitat Surveys. 

c. Sport Fish Restoration. 

d. Capture of Depredating Migratory 

Birds. 

e. Program Planning. 

f. Habitat Restoration Activities. 

3. Endangered Species Programs: 

a. Cooperative Management of 

Conservation Programs. 

b. Development and Implementation 

of Recovery Plans. 

c. Conducting Status Surveys for High 

Priority Candidate Species. 

d. Participation in the Development of 

Habitat Conservation Plans. 

4. Education Programs: 

a. Interpretation. 

b. Outdoor Classrooms. 

c. Visitor Center Operations. 

d. Volunteer Coordination Efforts onand off-Refuge. 

5. Environmental Contaminants 

Program: 

a. Analytical Devices. 

b. Removal of Underground Storage 

Tanks. 

c. Specific Cleanup Activities. 

d. Natural Resource Economic 

Analysis. 

e. Specific Field Data Gathering 

Efforts. 

6. Fish Hatchery Operations: 

a. Egg Taking. 

b. Rearing/Feeding. 

c. Disease Treatment. 

d. Tagging. 

e. Clerical/Facility Maintenance. 

7. Wetland and Habitat Conservation 

and Restoration: 

a. Construction. 

b. Planning Activities. 

c. Habitat Monitoring and 

Management. 

8. National Wildlife Refuge 

Operations and Maintenance: 

a. Construction. 

b. Farming. 

c. Concessions. 

d. Maintenance. 

e. Comprehensive Management 

Planning. 

f. Biological Program Efforts. 

g. Habitat Management. 

IV. Locations of Refuges and Hatcheries 

With Close Proximity to SelfGovernance Tribes 

1. Alaska National Wildlife Refuges, 

Alaska. 

2. Alchesay National Fish Hatchery, 

Arizona. 

3. Humboldt Bay National Wildlife 

Refuge, Idaho. 

4. Kootenai National Wildlife Refuge, 

Idaho. 

5. Agassiz National Wildlife Refuge, 

Minnesota. 

6. Mille Lacs National Wildlife Refuge, 

Minnesota. 

7. Rice Lake National Wildlife Refuge, 

Minnesota. 

8. National Bison Range, Montana. 

9. Ninepipe National Wildlife Refuge, 

Montana. 

10. Pablo National Wildlife Refuge, 

Montana. 


sroberts on PROD1PC70 with NOTICES
13822 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Notices 

11. Mescalero National Fish Hatchery, 

New Mexico. 

12. Sequoyah National Wildlife Refuge, 

Oklahoma. 

13. Tishomingo National Wildlife 

Refuge, Oklahoma. 

14. Bandon Marsh National Wildlife 

Refuge, Washington. 

15. Dungeness National Wildlife Refuge, 

Washington. 

16. Makah National Fish Hatchery, 

Washington. 

17. Nisqually National Wildlife Refuge, 

Washington. 

18. Quinalt National Fish Hatchery, 

Washington. 

19. San Juan Islands National Wildlife 

Refuge, Washington. 

V. Programmatic Targets 

During Fiscal Year 2007, upon request 

of a self-governance tribe, the Fish and 

Wildlife Service will negotiate funding 

agreements for its eligible programs 

beyond those already negotiated. 

Dated: March 6, 2007. 

David Verhey, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. E7–5343 Filed 3–22–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[NV–912–07–1220PA–006F] 

Cancellation of the BLM Nevada 

Resource Advisory Council Recreation 

Subcommittee Meeting 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Cancellation of the BLM Nevada 

Resource Advisory Council Recreation 

Subcommittee Meeting. 

SUMMARY: The March 29, 2007, meeting 

of the Bureau of Land Management’s 

(BLM) Resource Advisory Councils 

Recreation Subcommittee has been 

cancelled. 

DATE AND TIME: The Recreation 

Subcommittee was scheduled to meet 

Thursday, March 29, 2007, from 9 a.m. 

to 4:30 p.m. at the Bureau of Land 

Management, Nevada State Office, 

located at 1340 Financial Boulevard in 

Reno, Nevada. 

FOR FURTHER INFORMATION CONTACT: 

Doran Sanchez, Chief, Office of 

Communications (775) 861–6586, or 

Barbara Keleher, Outdoor Recreation 

Planner (775) 861–6628, at the BLM 

Nevada State Office, 1340 Financial 

Blvd., Reno, Nevada. 

SUPPLEMENTARY INFORMATION: The 

meeting announced by a notice at 72 FR 

9580 Mar. 2, 2007 is cancelled. The 

public will be notified via Federal 

Register Notice and news release when 

the meeting is rescheduled. 

Dated: March 12, 2007. 

Ron Wenker, 

Bureau of Land Management, Nevada State 

Director. 

[FR Doc. 07–1288 Filed 3–22–07; 8:45 am] 

BILLING CODE 4310–HC–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of United States v. 

MFS, INC., (A/K/A Mineral Fiber 

Specialists), Civil Action No. 05–6656, 

(E.D. PA.) Under the Clean Air Act 

Notice is hereby given that on March 

9, 2007 a proposed Consent Decree 

United States v. MFS, Inc., (a/k/a 

Mineral Fiber Specialists), Civil Action 

No. 05–6656, (E.D. Pa.) was lodged with 

the United States District Court for the 

Eastern District of Pennsylvania. 

In this action the United States sought 

injunctive relief and civil penalties 

pursuant to Section 113(b) of the Clean 

Air Act, as amended (‘‘CAA’’) 42 U.S.C. 

7413(b), for alleged violations by 

Defendant MFS, Inc. of Section 112 of 

the CAA, 42 U.S.C. 7412, and the 

applicable requirements of 40 CFR part 

63, subpart DDD. Defendant MFS, Inc. 

owns and operates a mineral wool 

production plant in the City of 

Bethlehem, Northampton County, 

Pennsylvania and is therefore subject to 

National Emission Standards for 

Hazardous Air Pollutants (‘‘NESHAP’’) 

for mineral wool manufacturers codified 

at 40 CFR part 63, subpart DDD 

(‘‘Mineral Wool or MW NESHAP’’), 

specifically §§ 63.1175–63.1196. The 

Consent Decree requires the 

performance of injunctive relief 

including initial performance testing of 

the MFS facility, stipulated penalties for 

violations of Decree requirements and 

the payment of a civil penalty to the 

United States in the amount of 

$109,000. The Decree authorizes MFS to 

use an alternative test protocol set forth 

in Appendix A to the Decree to 

determine compliance with the 

particulate matter (‘‘PM’’) emission 

limits set forth in the Mineral Wool 

NESHAP, set forth in 40 CFR subpart 

DDD. If EPA determines that MFS has 

not complied with the NESHAP, the 

Decree requires MFS to further submit 

a plan to achieve compliance with the 

NESHAP subject to EPA review and 

approval. The Decree provides for 

stipulated penalties for noncompliance 

with the Decree requirements. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the lodged Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, and should 

refer to United States v. MFS, Inc. 

(a/k/a Mineral Fiber Specialists), Civil 

Action No. 05–6656 (E.D. Pa). 

The Consent Decree may be examined 

at the Office of the United States 

Attorney for the Eastern District of 

Pennsylvania in Philadelphia, 

Pennsylvania, and at U.S. EPA Region 

III in Philadelphia, Pennsylvania. 

During the public comment period, the 

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 

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 $9 (5 cents per page 

reproduction cost) payable to the U.S. 

Treasury or, if by e-mail or fax, forward 

a check in that amount to the Consent 

Decree Library at the stated address. 

Virginia Gibson, 

Chief, Civil Division, United States Attorney’s 

Office, Eastern District of Pennsylvania. 

[FR Doc. 07–1429 Filed 3–22–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Registration 

By Notice dated November 28, 2006, 

and published in the Federal Register 

on December 7, 2006, (71 FR 70985), 

Cayman Chemical Company, 1180 East 

Ellsworth Road, Ann Arbor, Michigan 

48108, made application by renewal to 

the Drug Enforcement Administration 

(DEA) to be registered as a bulk 

manufacturer of the basic classes of 

controlled substances listed in schedule 

I: 

Drug Schedule 

Marihuana (7360) ......................... I 

Tetrahydrocannabinols (7370) ..... I 


sroberts on PROD1PC70 with NOTICES