Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 25765 

activities specified in the cooperative 

agreements, incidental to other lawful 

uses of the properties, including normal 

routine land management activities, 

and/or to return to pre-Agreement 

conditions. To benefit the flycatcher, 

Program Participants will agree to 

undertake site-specific management 

activities, which will be specified in 

their written cooperative agreements. 

Management activities that could be 

included in the Cooperative Agreements 

will provide for the restoration, 

enhancement and management of native 

riparian habitats in the range of the 

flycatcher in Utah. The object of such 

activities is to enhance populations of 

flycatchers by increasing the amount 

and quality of suitable habitat on the 

enrolled properties. Take of flycatchers 

incidental to the aforementioned 

activities is unlikely; however, it is 

possible that in the course of such 

activities or other lawful activities on 

the enrolled property, a Program 

Participant could incidentally take 

flycatcher thereby necessitating take 

authority under the permit. 

Pre-Agreement conditions (baseline), 

consisting of survey for flycatchers and 

documentation on the extent of habitat 

shall be determined for each enrolled 

property as provided in the Agreement. 

In order to receive the above assurances 

regarding incidental take of flycatchers, 

a Program Participant must maintain 

baseline on the enrolled property. The 

Agreement and requested permit would 

allow each Program Participant to return 

to baseline conditions after the end of 

the term of the cooperative agreement 

(minimum of 15 years) and prior to the 

expiration of the 50-year permit, if so 

desired by the Applicants. 

Public Review and Comments 

The Service has made a preliminary 

determination that the proposed 

Agreement and permit application are 

eligible for categorical exclusion under 

the National Environmental Policy Act 

of 1969 (NEPA). We explain the basis 

for this determination in an 

Environmental Action Statement, which 

also is available for public review. 

Individuals wishing copies of the 

permit application, copies of our draft 

Environmental Action Statement, and/ 

or copies of the Agreement, including a 

map of the proposed permit area and 

references, should contact the office and 

personnel listed in the ADDRESSES

section above. 

If you wish to comment on the permit 

application or the Agreement, you may 

submit your comments to the address 

listed in the ADDRESSES section of this 

document. Comments and materials 

received, including names and 

addresses of respondents, will be 

available for public review, by 

appointment, during normal business 

hours at the address in the ADDRESSES

section above and will become part of 

the public record, pursuant to section 

10(c) of the Act. Individual respondents 

may request that we withhold their 

home address from the record, which 

we will honor to the extent allowable by 

law. There also may be circumstances in 

which we would withhold from the 

record a respondent’s identity, as 

allowable by law. If you wish us to 

withhold your name and/or address, 

you must state this prominently at the 

beginning of your comment. 

Anonymous comments will not be 

considered. All submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, are 

available for public inspection in their 

entirety. 

We will evaluate this permit 

application, associated documents, and 

comments submitted thereon to 

determine whether the permit 

application meets the requirements of 

section 10(a) of the Act and NEPA 

regulations at 40 CFR 1506.6. If we 

determine that the requirements are 

met, we will sign the proposed 

Agreement and issue a permit under 

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

Applicants for take of the flycatcher 

incidental to otherwise lawful activities 

in accordance with the terms of the 

Agreement. 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. 

The Service provides this notice 

pursuant to section 10(c) of the Act and 

pursuant to implementing regulations 

for NEPA (40 CFR 1506.6). 

Dated: March 6, 2008. 

Larry Crist, 

Field Supervisor, Utah Field Office, West 

Valley City, Utah. 

[FR Doc. E8–10055 Filed 5–6–08; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Receipt of 41 Applications for 

Incidental Take Permits for Single 

Family and Duplex Residential 

Developments on the Fort Morgan 

Peninsula, Baldwin County, AL 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice. 

SUMMARY: The applicants (Ms. Shirley 

Baird, Mr. Edward Boykin, Mr. Richard 

Dorsey, Mr. Richard Eastman, Mr. Terry 

Elkins, Mr. Medford Foster, Mr. Ted 

Giles, Mr. John Griffin, Harrison 

Building, Mr. Kenneth Howald, Mr. 

Gary Hudson, Mr. Jerry Hutcherson, Mr. 

Dean Jones, Mr. Bobby Junkins, KDevelopers LLC, Mr. James Keeling, Mr. 

James Klimback, Mr. Marshall Newport, 

Ms. Mary Powers, Mr. Bradley Redwine, 

Mr. Edwin Spence, Mr. Jackie Stokley, 

Mr. Olin Tumlin, and Mr. James Walker) 

have applied to the Fish and Wildlife 

Service (Service) for incidental take 

permits (ITP) under section 10(a)(1)(B) 

of the Endangered Species Act of 1973 

(16 U.S. C. 1531 et seq.) (Act), as 

amended for the take of Alabama beach 

mouse (Peromyscus polionotus 

ammobates) (ABM). The proposed take 

would be incidental to the otherwise 

lawful activity of constructing 37 singlefamily and 5 duplex residences on the 

Fort Morgan Peninsula in Baldwin 

County, Alabama. 

The applicants have prepared Habitat 

Conservation Plans (HCPs) in 

accordance with section 10(a)(2)(A) of 

the Act, specifying, among other things, 

the impacts that are likely to result from 

the taking and the measures each 

applicant would undertake to minimize 

and mitigate such impacts. A detailed 

description of the proposed 

minimization and mitigation measures 

is provided in the applicants’ HCPs and 

in our Environmental Assessment (EA). 

The proposed action would involve 

approval of the HCPs if the statutory 

issuance criteria are satisfied. The EA 

considers the environmental impacts of 

the proposed projects on the 

environment. 

DATES: Written comments on the ITP 

applications, HCPs, and EA should be 

sent to the Service’s Regional Office (see 

ADDRESSES) and should be received on 

or before June 6, 2008. 

ADDRESSES: Persons wishing to review 

the applications, HCPs, and EA may 

obtain an electronic copy on compact 

disk by writing the Service’s Southeast 

Regional Office, Atlanta, Georgia, at the 

address below. Documents will also be 

available for public inspection by 

appointment during normal business 

hours at the Service’s Regional Office, 

1875 Century Boulevard, Suite 200, 

Atlanta, Georgia 30345 (Attn: 

Endangered Species Permits), or the 

Daphne Ecological Services Field Office, 

1208–B Main Street, Daphne, Alabama 

36526. Written data or comments 

concerning the applications or HCPs 

should be submitted to the Regional 


sroberts on PROD1PC70 with NOTICES
25766 Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 

Office. Please reference Batch IV ITPs 

for 41 applications in requests for the 

documents discussed herein. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Aaron Valenta, Regional HCP 

Coordinator (see ADDRESSES), telephone: 

404–679–4144, or Mr. Darren LeBlanc, 

Fish and Wildlife Service Biologist, 

Daphne Field Office (see ADDRESSES), 

telephone: 251–441–5859. 

SUPPLEMENTARY INFORMATION: We 

announce applications for 41 ITPs, 

including the HCPs, and the availability 

of an EA. The EA is a combined 

assessment addressing the 

environmental impacts associated with 

these projects both individually and 

cumulatively. Copies of these 

documents may be obtained by making 

a request, in writing, to the Service’s 

Regional Office (see ADDRESSES). This 

notice advises the public that we have 

opened the comment period on the ITP 

applications, the HCPs, and the EA. 

This notice is provided pursuant to 

section 10 of the Act and National 

Environmental Policy Act regulations at 

40 CFR 1506.6. 

We specifically request information, 

views, and opinions from the public on 

the Federal action, including the 

identification of any other aspects of the 

human environment not already 

identified in our EA. Further, we 

specifically solicit information 

regarding the adequacy of the HCPs as 

measured against our ITP issuance 

criteria found in 50 CFR parts 13.21 and 

17.22. 

If you wish to comment, you may 

submit comments by any one of several 

methods. Please reference Batch IV ITPs 

for 41 applications for residential 

development in such comments. You 

may mail comments to our Regional 

Office (see ADDRESSES). You may also 

comment via the Internet to 

aaron_valenta@fws.gov. Please include 

your name and return mailing address 

in your Internet message. If you do not 

receive a confirmation from us that we 

have received your Internet message, 

contact us directly at either telephone 

number listed (see FOR FURTHER

INFORMATION CONTACT). 

Finally, you may hand-deliver 

comments to either Service office listed 

(see ADDRESSES). Our practice is to make 

comments, including names and home 

addresses of respondents, available for 

public review during regular business 

hours. Individual respondents may 

request that we withhold their home 

address from the administrative record. 

We will honor such requests to the 

extent allowable by law. There may also 

be other circumstances in which we 

would withhold from the administrative 

record a respondent’s identity, as 

allowable by law. If you wish us to 

withhold your name and address, you 

must state this prominently at the 

beginning of your comments. We will 

not, however, consider anonymous 

comments. We will make all 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

The ITPs would cover 41 discrete lots 

totaling 23.2 acres on the Fort Morgan 

Peninsula. Under the preferred 

alternative, project development would 

result in the overall loss of 4.25 acres of 

ABM habitat. Minimization and 

mitigation of impacts includes: reduced 

project impacts, maintenance of ABM 

habitat on-site, prohibition of cats, 

preservation of dune habitat, and 

elimination of debris. 

We will evaluate the HCPs, 

applications, and any received 

comments to determine whether the 

applications meet the requirements of 

section 10(a) of the Act. If it is 

determined that those requirements are 

met, the ITPs will be issued for the 

incidental take of the ABM. We will also 

evaluate whether issuance of the section 

10(a)(1)(B) ITPs comply with section 7 

of the Endangered Species Act by 

conducting an intra-Service section 7 

consultation. The results of this 

consultation, in combination with the 

above findings, will be used in the final 

analysis to determine whether or not to 

issue the ITPs. 

Dated: April 30, 2008. 

Noreen E. Walsh, 

Acting Regional Director. 

[FR Doc. E8–10052 Filed 5–6–08; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Land Acquisitions; Federated Indians 

of Graton Rancheria, California 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Final Agency 

Determination To Take Land into Trust 

under 25 CFR Part 151. 

SUMMARY: The Assistant Secretary—

Indian Affairs made a final agency 

determination to acquire approximately 

254 acres of land into trust for the 

Federated Indians of Graton Rancheria 

of California on April 18, 2008. This 

notice is published in the exercise of 

authority delegated by the Secretary of 

the Interior to the Assistant Secretary—

Indian Affairs by 209 Departmental 

Manual 8.1. 

FOR FURTHER INFORMATION CONTACT: 

George Skibine, Director, Office of 

Indian Gaming, MS–3657 MIB, 1849 C 

Street, NW., Washington, DC 20240; 

Telephone (202) 219–4066. 

SUPPLEMENTARY INFORMATION: This 

notice is published to comply with the 

requirement of 25 CFR Part 151.12(b) 

that notice be given to the public of the 

Secretary’s decision to acquire land in 

trust at least 30 days prior to signatory 

acceptance of the land into trust. The 

purpose of the 30-day waiting period in 

25 CFR 151.12(b) is to afford interested 

parties the opportunity to seek judicial 

review of final administrative decisions 

to take land in trust for Indian tribes and 

individual Indians before transfer of 

title to the property occurs. On April 18, 

2008, the Assistant Secretary—Indian 

Affairs decided to accept approximately 

254 acres of land into trust for the 

Federated Indians of Graton Rancheria 

of California. The Graton Rancheria was 

restored to federal recognition pursuant 

to Title XIV of Public Law 106–568 (the 

Graton Rancheria Restoration Act), 25 

U.S.C. 1300n-3, which mandates that, 

‘‘the Secretary shall accept into trust for 

the benefit of the Tribe any real property 

located in Marin or Sonoma County...’’. 

The 254 acre parcel is located in 

Sonoma County, California. 

The legal description of the property 

is as follows: 

Tract One 

Farms 102, 103, 104, 105, 106, 124, 

125, 126 and 127, as shown upon the 

Map of Plan of Subdivision of Santa 

Rosa Farms No. 2, filed March 7, 1910 

in the Office of the County Recorder of 

Sonoma County in Book 21 of Maps, 

Page 14, Sonoma County Records. 

Certificate of Compliance recorded 

January 28, 1998 as Document No.’s 

1998 0008588 through 1998 0008596, 

Sonoma County Records. Being 

Assessors Parcel No. 045–073–001 

Tract Two 

Parcel One 

Farms 130 and 131 as shown upon the 

Map of Plan of Subdivision of Santa 

Rosa Farms No. 2 filed March 7, 1910 

in the Office of the County Recorder of 

Sonoma County in Book 21 of Maps, 

Page 14, Sonoma County Records. 

Certificate of Compliance recorded 

January 28, 1998 as Document No.’s 

1998 0008597 and 1998 0008598, 

Sonoma County Records. Being a 

portion of Assessor’s Parcel No. 045–

074–009. 


sroberts on PROD1PC70 with NOTICES