Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Notices 59863

may also comment via the Internet to

the following address:

Steven_Ovenden@fws.gov. Please

submit Internet comments as an ASCII

file avoiding the use of special

characters and any form of encryption.

Please also include your name and

return address in your Internet message.

If you do not receive a confirmation

from the system that we have received

your Internet message, contact us

directly at the above address. Our

practice is to make comments, including

names and home addresses of

respondents, available for public review

during regular business hours.

Individuals respondents may request

that we withhold their home address

from the rulemaking record, which we

will honor to the extent allowable by

law. There also may be circumstances in

which we would withhold from the

rulemaking 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. However, we will not

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.

SUPPLEMENTARY INFORMATION: By Federal

law, all lands within the National

Wildlife Refuge System are to be

managed in accordance with an

approved comprehensive conservation

plan. These plans will guide

management decisions and identify

refuge goals, long-range objectives, and

strategies for achieving refuge purposes.

The planning process will consider

many elements, including habitat and

wildlife management, habitat protection

and acquisition, public use, and cultural

resources. Public input into this

planning process is essential. The plan

will provide other agencies and the

public with a clear understanding of the

desired conditions for the refuge and

how the Service will implement

management strategies.

The Service will solicit information

from the public via open houses,

meetings, and written comments.

Special mailings, newspaper articles,

and announcements will inform people

in the general refuge area of the time

and place of such opportunities for

public involvement. Review of this

project will be conducted in accordance

with the requirements of the National

Environmental Policy Act of 1969, as

amended (42 U.S.C. 4321 et seq.),

National Environmental Policy Act

Regulations (40 C.F.R. 1500–1508),

other appropriate Federal laws and

regulations, including the National

Wildlife Refuge System Improvement

Act of 1997, Executive Order 12996, and

Service policies and procedures for

compliance with those regulations.

We estimate that the draft

environmental documents will be

available in January 2002.

Dated: September 28, 2000.

H. Dale Hall,

Acting Regional Director.

[FR Doc. 00–25682 Filed 10–5–00; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of an Environmental

Assessment and Receipt of an

Application for an Incidental Take

Permit for the Granite Homes, Inc.

Development in Riverside County, CA

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of availability and

receipt of application.

SUMMARY: Granite Homes, Incorporated

(the Applicant) has applied to the Fish

and Wildlife Service (Service) for an

incidental take permit pursuant to

section 10(a)(1)(B) of the Endangered

Species Act of 1973, as amended.

Granite Homes is a managing member of

the Elsinore 98, Limited Liability

Company. The Service is considering

issuance of a 2-year permit to the

Applicant that would authorize take of

the threatened coastal California

gnatcatcher (Polioptila californica

californica, (gnatcatcher)) incidental to

otherwise lawful activities.

Such take would occur during the

construction of 99 homes on a

previously graded site in the City of

Lake Elsinore, in Riverside County,

California. This project would

permanently eliminate 14 acres of

Riversidean sage scrub habitat, resulting

in incidental take of three pairs of

gnatcatchers. The Applicant proposes to

reduce deleterious effects from the

proposed construction and to conserve

24 acres of Riversidean sage scrub

habitat within an adjacent 80-acre

parcel of open space to the north of the

project site.

We request comments from the public

on the permit application, and an

Environmental Assessment, both of

which are available for review. The

permit application includes the

proposed Habitat Conservation Plan

(Plan) and an accompanying

Implementing Agreement. The Plan

describes the proposed action and the

measures that the Applicant would

undertake to minimize and mitigate take

of the gnatcatcher.

DATES: We must receive your written

comments on or before December 5,

2000.

ADDRESSES: Please address written

comments to Mr. Ken Berg, Field

Supervisor, U.S. Fish and Wildlife

Service, 2730, Loker Avenue West,

Carlsbad, California 92008. You also

may send comments by facsimile to

(760) 431–5902.

FOR FURTHER INFORMATION CONTACT: Mr.

Jim Bartel, Assistant Field Supervisor, at

the above address or call (760) 431–

9440.

SUPPLEMENTARY INFORMATION:

Availability of Documents

You may obtain copies of these

documents for review by contacting the

above office. Documents also will be

available for public inspection, by

appointment, during normal business

hours at the above address and at the

Lake Elsinore City Library located at 600

West Graham Street, Lake Elsinore,

California.

Background

Section 9 of the Endangered Species

Act (Act) and Federal regulations

prohibit the ‘‘take’’ of fish or wildlife

species listed as endangered or

threatened. Take of listed fish or

wildlife is defined under the Act to

include ‘‘harass, harm, pursue, hunt,

shot, wound, kill, trap, capture, or

collect, or to attempt to engage in any

such conduct.’’ The Service may, under

limited circumstances, issue permits to

authorize incidental take (i.e. take that

is incidental to, and not the purpose of,

the carrying out of an otherwise lawful

activity). Regulations governing

incidental take permits for threatened

and endangered species are found in 50

CFR 17.32 and 17.22.

The Applicant has proposed

development of 99 high-density single

family homes on 61 acres. The planning

area is located within the city of Lake

Elsinore, immediately northeast of

Interstate 15 at Railroad Canyon Road.

Land uses in the area include a graded

industrial lot immediately adjacent to

Interstate 15 to the southwest, a

residential and light commercial district

at Railroad Canyon road to the south

and southeast, Summerhill Drive to the

east, the Tuscany Homes residential

community to the northeast, and

extensive undeveloped foothills to the

north.

59864 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Notices

Biologists surveyed the project site for

the gnatcatcher and other biological

resources between 1998–2000. Based on

the survey results, the Service

concluded that implementation of the

proposed project would result in take of

three gnatcatcher pairs through the

permanent removal of 14 acres of

Riversidean sage scrub. Indirect effects

addressed in the Plan and

Environmental Assessment include: (1)

A reduced dispersal corridor of

Riversidean sage scrub in the northeast

section of the project site that connects

high gnatcatcher population densities to

the north with large areas of open space

to the south; (2) increased nest

predation from introduced domestic

cats; (3) brown-headed cowbird

(Molothrus ater) parasitism; (4)

increased off-road vehicle use of the

conserved areas, and (5) increased

numbers of predators associated with

backyard night-lighting and garbage

surrounding constructed homes.

The Applicant proposes to implement

the following measures to mitigate and

minimize take of the gnatcatcher: (1)

Purchase 24 acres of gnatcatcheroccupied Riversidean sage scrub from

an adjacent 80-acre conservation parcel

to the north that is contiguous with 29

acres previously conserved by the

Applicant; (2) enhance the reduced

gnatcatcher dispersal corridor in the

northeastern section of the project site

by removing non-native plants on the

back of Lot 187 to allow regeneration of

sage scrub and by leaving 2 acres on

either side of this lot undeveloped

through a conservation easement; (3)

place fencing on the rear portion of lots

adjacent to conserved areas in order to

minimize predation by domestic cats;

(4) implement a brown-headed cowbird

trapping program if monitoring

determines that trapping is necessary;

(5) place deed restrictions pertaining to

pets, lighting, and trash disposal on lots

adjacent to open space; (5) encourage

protection of the conserved areas by

distributing an educational brochure to

home buyers; and (6) implement an

adaptive management plan for the

conserved areas. The Applicant

proposes to endow the long-term

management of the 24 acres of

Riversidean sage scrub off-site

mitigation at a cost of $3,211 per acre.

The conserved area would be managed

by the Center for Natural Lands

Management as part of a 109-acre

managed open-space area.

The Environmental Assessment

considers the environmental

consequences of three alternatives

including the Proposed Action. The

Proposed Action consists of the

issuance of an incidental take permit

and implementation of the Plan and its

Implementing Agreement, which

include measures to minimize and

mitigate impacts of the project to the

gnatcatcher. Under the ‘‘No Action’’

alternative, the Service would not issue

a permit. Under this alternative, the

Applicant could retain the property or

sell it to somebody else who may choose

to develop it. In either case, in the shortterm the previously graded Riversidean

sage scrub habitat onsite would

continue to revegetate naturally with a

mixture of native and non-native plants.

This sage scrub habitat would continue

to be fragmented by intrusions of

existing paved streets and there would

be no mechanism for prohibiting offroad vehicle use and illegal dumping of

trash on the property. Under the

‘‘Project Redesign’’ alternative, 55 of the

99 lots would be developed and the

remaining 44 lots would be conserved.

These two alternatives to the Proposed

Action would result in less habitat value

for the gnatcatcher than the off-site

mitigation and minimization measures

under the Proposed Action.

This notice is provided pursuant to

section 10(a) of the Endangered Species

Act and the regulations of the National

Environmental Policy Act of 1969 (40

CFR 1506.6). All comments that we

receive, including names and addresses,

will become part of the official

administrative record and may be made

available to the public. We will evaluate

the application, associated documents,

and comments submitted thereon to

determine whether the application

meets the requirements of the National

Environmental Policy Act regulations

and section 10(a) of the Endangered

Species Act. If we determine that those

requirements are met, we will issue a

permit to the Applicant for the

incidental take of the California

gnatcatcher. We will make our final

permit decision no sooner than 60 days

from the date of this notice.

Dated: September 28, 2000.

Elizabeth H. Stevens,

Deputy Manager, California/Nevada

Operations Office, Sacramento, California.

[FR Doc. 00–25780 Filed 10–05–00; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Rincon Alcohol Control Ordinance No.

99–01 of the Rincon, San Luisen ̃o

Band of Mission Indians, Valley Center,

CA

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice.

SUMMARY: This notice publishes the

Rincon Alcohol Control Ordinance No.

99–01. The Ordinance regulates the

control of, the possession of, and the

sale of liquor on the Rincon, San

Luisen ̃o Band of Mission Indians’ trust

lands, and is in conformity with the

laws of the State of California, where

applicable and necessary. Although the

Ordinance was adopted on June 13,

2000, it does not become effective until

published in the Federal Register

because the failure to comply with the

ordinance may result in criminal

charges.

DATES: This Ordinance is effective on

October 6, 2000.

FOR FURTHER INFORMATION CONTACT:

Kaye Armstrong, Office of Tribal

Services, 1849 C Street, NW, MS–4631–

MIB, Washington, DC 20240–4001;

telephone (202) 208–4400.

SUPPLEMENTARY INFORMATION: Pursuant

to the Act of August 15, 1953, Public

Law 83–277, 67 Stat. 586, 18 U.S.C.

1161, as interpreted by the Supreme

Court in Rice v. Rehner, 463 U.S. 713

(1983), the Secretary of the Interior shall

certify and publish in the Federal

Register notice of adopted liquor

ordinances for the purpose of regulating

liquor transaction in Indian country.

The Rincon Alcohol Control Ordinance

No. 99–01 was duly adopted by the

Rincon, San Luisen ̃o Band of Mission

Indians General Membership on June

13, 2000. The Rincon, San Luisen ̃o Band

of Mission Indians, in furtherance of its

economic and social goals, has taken

positive steps to regulate retail sales of

alcohol and use revenues to combat

alcohol abuse and its debilitating effects

among individuals and family members

within the Rincon, San Luisen ̃o Band of

Mission Indians.

This notice is being published in

accordance with the authority delegated

by the Secretary of the Interior to the

Assistant Secretary-Indian Affairs by

209 Departmental Manual 8.

I certify that by Resolution No. 2000–

04, the Rincon Alcohol Control

Ordinance No. 99–01 was duly adopted

by the Rincon, San Luisen ̃o Band of

Mission Indians General Membership

on June 13, 2000.

Dated: September 29, 2000.

Kevin Gover,

Assistant Secretary-Indian Affairs.

The Rincon Alcohol Control

Ordinance No. 99–01 reads as follows: