Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Notices 65817

• To compensate for the destruction

of 18 acres of FSJ habitat by preserving,

restoring, and managing about 37 acres

of xeric uplands. Seventeen acres of the

proposed mitigation will be

implemented within the boundaries of

the Project.

• The Applicant will conserve an

additional 20 acres of FSJ habitat, via a

perpetual management agreement,

within Serene Estates (section 20,

Township 40 East, Range 24 South,

Charlotte County), a 200 acre parcel of

land controlled by the Applicant.

• Within the larger 200 acre parcel

owned by the Applicant, the Applicant

has also agreed to preserve and manage

an additional 80 acres of xeric uplands.

Although not intended for the

mitigation needs of the Project, the

Applicant has requested that the 80

acres of habitat be available for use as

a future private mitigation bank.

• Funding and perpetual management

of the on-site conserved area

encompassing 17 acres and the 20 acre

off-site mitigation area will be provided

via terms and conditions of the ITP and

an Implementation Agreement (IA),

respectively. The IA will be executed

between the Service and the Applicant,

and will outline specific funding and

management commitments for the onsite and off-site mitigation areas for a 99

year period. A copy of the final IA will

be provided to interested parties upon

request.

• Clearing of vegetation and/or

construction would not be allowed

within 150 feet of any active FSJ nest

during the nesting season,

approximately March 1 to June 30 to

comply with State law.

The EA considers the environmental

consequences of four alternatives. Two

alternatives involve a project design of

a lesser construction footprint (e.g.,

lesser number of homesites and

associated infrastructure). The no action

alternative may result in loss of habitat

for FSJ and exposure of the Applicant

under Section 9 of the Act. The

proposed action alternative is issuance

of the ITP according to the HCP as

submitted and described above. Under

the proposed alternative, the effect of

the minimization and mitigation

strategy will be that the majority of the

FSJ habitat on site will be conserved for

FSJ use, even after the Project is

completed. Further, the restoration/

conservation of the 20 acres of off site

FSJ habitat, along with the Applicant’s

commitment to manage an additional 80

acres of FSJ habitat, will result in a

protected and managed area capable of

supporting about five families of FSJ

under optimal habitat. Though the

proposed mitigation bank will be used

to off-set future impacts to FSJ in

portions of southwest Florida, the

Service believes that the protection of

an 80 acre block of xeric habitat along

with the 20 acres needed for mitigating

Project impacts will enhance FSJ

survival in this part of the state.

Suitable or restorable FSJ habitat also

exists on property surrounding the

Serene Estates mitigation site. Future

land acquisition by the County, State, or

for other mitigation needs may result in

additional protected lands adjoining the

off-site mitigation area. Increases in the

size of protected and managed FSJ

habitat in this area will increase the

probability of FSJ persistence in

northern Charlotte County.

As stated above, the Service has made

a preliminary determination that the

issuance of the ITP is not a major

Federal action significantly effecting the

quality of the human environment

within the meaning of Section 102(2)(C)

of NEPA. This preliminary information

may be revised due to public comment

received in response to this notice and

is based on information contained in the

EA and HCP. An appropriate excerpt

from the FONSI reflecting the Service’s

finding on the application is provided

below:

Based on the analysis conducted by

the Service, it has been determined that:

• Issuance of the ITP will not

appreciably reduce the likelihood of

survival and recovery of the affected

species in the wild.

• The HCP contains provisions which

sufficiently minimize and/or mitigate

the impacts of issuing the ITP.

• Issuance of the ITP would not have

significant effects on the human

environment in the project area.

• The proposed take is incidental to

an otherwise lawful activity.

• Adequate funding will be provided

to implement the measures proposed in

the submitted HCP and authorizing ITP.

The Service will also evaluate

whether the issuance of a Section

10(a)(1)(B) ITP complies with Section 7

of the Act by conducting an intraService Section 7 consultation. The

results of the biological opinion, in

combination with the above findings,

will be used in the final analysis to

determine whether or not to issue the

ITP.

Dated: December 4, 1997.

H. Dale Hall,

Deputy Regional Director.

[FR Doc. 97–32719 Filed 12–15–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Draft Department of the Interior and

Department of Health and Human

Services Internal Agency Procedures

Manual for Contracting Under Title I of

the Indian Self-Determination and

Education Assistance Act

AGENCY: Bureau of Indian Affairs and

Indian Health Service, Interior.

ACTION: Notice.

SUMMARY: The congress has declared

that each provision of the Indian SelfDetermination and Education

Assistance Act (Act) and each provision

of contracts entered into thereunder

shall be liberally construed for the

benefit of the Indian tribes or tribal

organizations (T/TO). To carry out this

policy, the Department of the Interior

and Department of Health and Human

Services Internal Agency Procedures

Manual for Contracting Under Title I of

the Indian Self-Determination and

Education Assistance Act (Manual) was

drafted to facilitate and enhance

contracting with T/TOs under Title I of

the Act, as amended, 25 U.S.C. 450 et

seq., and the regulations promulgated

thereunder, 25 CFR part 900 (published

in the Federal Register on June 24,

1996, and effective on August 23, 1996).

The public is invited to review and

comment on the draft Manual.

DATES: All written comments on the

Manual should be submitted by January

15, 1998.

ADDRESSES: Written comments must be

addressed to: Merry L. Elrod, Office of

Tribal Programs, Indian Health Service,

5600 Fishers Lane, Room 6A–05,

Rockville, Maryland 20857.

FOR FURTHER INFORMATION CONTACT: For

additional information and/or to receive

copies of the manual and letter dated

October 30, 1997, to tribal leaders and

other interested parties inviting

comments on the draft Manual, the

public may contact either: James

Thomas, Division of Self-Determination

Services, Bureau of Indian Affairs, 1949

C Street, NW. , MS 4603–MIB,

Washington, D.C., 20240, telephone

202/208–5727, or Merry Elrod, Office of

Tribal Programs, Indian Health Service,

5600 Fishers Lane, Parklawn Building,

Room 6A–05, Rockville, MD, 20857,

telephone 301/443–1044.

Dated: December 9, 1997.

Hilda A. Manuel,

Deputy Commissioner of Indian Affairs.

[FR Doc. 97–32696 Filed 12–15–97; 8:45 am]

BILLING CODE 4310–02–P