2636 Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Notices 

in the Federal Register with the 

Department of Commerce’s National 

Oceanic and Atmospheric 

Administration, National Marine 

Fisheries Service (80 FR 95164; 

December 27, 2016). 

Proposed Action 

The existing permitted CCAA is 

authorized for 25 years and covers 

agricultural activities in Alfalfa, Beaver, 

Beckham, Cimarron, Custer, Dewey, 

Ellis, Harper, Major, Roger Mills, Texas, 

Washita, Woods, and Woodward 

Counties, in Oklahoma. This area 

constitutes the CCAA’s planning area, 

with covered areas being non-Federal 

lands within the planning area that 

provide suitable habitat for LEPC, or 

have the potential to provide suitable 

LEPC habitat with the implementation 

of appropriate conservation 

management practices. The ODWC has 

applied for an amendment to the CCAA 

to increase the conservation benefit of 

the CCAA for LEPC in Oklahoma by 

increasing enrollment from the current 

maximum of 400,000 acres to 1,000,000 

acres by 2037, throughout the 14 

Oklahoma counties described in the 

CCAA. This would more than double 

the conservation program currently 

being implemented on agricultural 

lands within the planning range of the 

LEPC under the current EOS permit 

held by ODWC. This CCAA contributes 

to a larger conservation effort for the 

LEPC across its range within Colorado, 

Kansas, New Mexico, Oklahoma and 

Texas. 

Pursuant to the CCAA, ODWC will 

enroll participating landowners through 

issuance of certificates of inclusion. 

Participating landowners who are fully 

implementing the CCAA provisions of 

the EOS permit will be provided 

assurances that, should the LEPC 

become listed, the Service will not 

require them to provide additional land, 

water, or financial resources, nor will 

there be any further restrictions to their 

land, water, or financial resources than 

those they committed to under the 

CCAA provisions. Furthermore, if the 

LEPC is listed, participating landowners 

would be provided incidental take 

authorization for LEPC under the EOS 

permit for the level of incidental take on 

the enrolled lands consistent with the 

activities under the CCAA provisions. 

This amendment would potentially 

increase the amount of the incidental 

take authorization proportionately with 

the increasing of the enrolled 

conservation acres. 

Next Steps 

We will evaluate the permit 

application, proposed amendment, draft 

NEPA screening form, and comments 

we receive to determine whether the 

EOS application meets the requirements 

of ESA, NEPA, and implementing 

regulations. If we determine that all 

requirements are met, we will approve 

the amendment and issue the amended 

EOS under section 10(a)(1)(A) of the 

ESA to the applicant in accordance with 

the terms of the amended CCAA and 

specific terms and conditions of the 

authorizing EOS. We will not make our 

final decision until after the 30-day 

comment period ends, and we have 

fully considered all comments received 

during the public comment period. 

Public Availability of Comments 

All comments we receive become part 

of the public record associated with this 

action. Requests for copies of comments 

will be handled in accordance with the 

Freedom of Information Act, NEPA, and 

Service and Department of the Interior 

policies and procedures. 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 to withhold your 

personal identifying information from 

public review, we cannot guarantee that 

we will be able to do so. All 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, will be 

made available for public disclosure in 

their entirety. 

Authority 

We provide this notice under the 

authority of section 10(c) of the ESA and 

its implementing regulations (50 CFR 

17.22 and 17.32) and NEPA (42 U.S.C. 

4371 et seq.) and its implementing 

regulations (40 CFR 1506.6). 

Amy Lueders, 

Regional Director, Southwest Region, U.S. 

Fish and Wildlife Service. 

[FR Doc. 2022–00794 Filed 1–14–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

[223D0102DM; DS62600000; 

DLSN00000.000000; DX62601] 

Report on the Department of the 

Interior Federal Financial Assistance 

Infrastructure Programs Subject to the 

Build America, Buy America Act 

Provisions of the Infrastructure 

Investment and Jobs Act 

AGENCY: Department of the Interior. 

ACTION: Notice. 

SUMMARY: The Department of the 

Interior (DOI) is publishing a report on 

DOI Federal Financial Assistance 

Programs for infrastructure subject to 

the Build America, Buy America Act 

Provisions of the Infrastructure 

Investment and Jobs Act. This report 

reflects the DOI’s initial analysis of 

financial assistance programs and 

associated Buy America requirements. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Moline—Policy Analyst, DOI, 

Office of Grants Management, (202) 

513–7546, os_pgm@ios.doi.gov. 

SUPPLEMENTARY INFORMATION: This 

initial analysis, which can be found at 

following website: https://www.doi.gov/ 

grants/infrastructure-programs is based 

on the agency’s current understanding 

of information gathered as of the 

required 60-day reporting deadline. In 

particular, the DOI is still evaluating the 

application of the Build America, Buy 

America Act provisions to contracts and 

agreements executed under the Indian 

Self-Determination and Education and 

Assistance Act, as amended, 25 U.S.C. 

5301 et seq. Subject to additional 

ongoing evaluation and any further 

Office of Management and Budget 

(OMB) implementation guidance 

regarding section 70915 of the 

Infrastructure Investment and Jobs Act, 

DOI will work closely with OMB to 

make any necessary adjustments to this 

initial list. Therefore, this initial 

analysis is subject to change. 

Consistent with the policy direction 

of Executive Order 14005: Ensuring the 

Future is Made in All of America By All 

of America’s Workers, Title IX of the 

Infrastructure Investment and Jobs Act 

(IIJA): Build America, Buy America Act 

imposes new, government-wide 

domestic content procurement 

preference requirements on all projects 

funded through financial assistance 

programs for infrastructure whether or 

not those programs are funded through 

IIJA. Section 70913(a) of IIJA requires 

each agency to submit a report to OMB 

and Congress that will be published in 

the Federal Register. As provided in 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Notices 2637 

section 70913(b) of IIJA, this report 

must: 

(1) Identify all domestic content 

procurement preferences applicable to 

DOI’s Federal financial assistance. 

DOI Summary: In reviewing the DOI 

programs, no DOI programs were 

identified that are subject to domestic 

content procurement preferences, as 

defined in section 70912(2). 

(2) Assess the applicability of 

domestic content procurement 

preference requirements including: 

(A) Section 313 of title 23, United 

States Code; 

(B) section 5323(j) of title 49, United 

States Code; 

(C) section 22905(a) of title 49, United 

States Code; 

(D) section 50101 of title 49, United 

States Code; 

(E) section 603 of the Federal Water 

Pollution Control Act (33 U.S.C. 1388); 

(F) section 1452(a)(4) of the Safe 

Drinking Water Act (42 U.S.C. 300j– 

12(a)(4)); 

(G) section 5035 of the Water 

Infrastructure Finance and Innovation 

Act of 2014 (33 U.S.C. 3 3914); 

(H) any domestic content 

procurement preference included in an 

appropriations Act; and 

(I) any other domestic content 

procurement preference in Federal law 

(including regulations). 

DOI Summary: In reviewing the DOI 

programs, no DOI programs were 

identified that are subject to additional 

domestic content procurement 

requirements of the above legislation, 

Appropriations Act, or other domestic 

content procurement preference in 

Federal law. 

(3) Provide details on any applicable 

domestic content procurement 

preference requirement, including the 

purpose, scope, applicability, and any 

exceptions and waivers issued under 

the requirement. 

DOI Summary: Given the above 

responses, the DOI has no further details 

to provide at this time. 

(4) Include a description of the type 

of infrastructure projects that receive 

funding under the program, including 

information relating to: 

(A) The number of entities that are 

participating in the program; 

(B) the amount of Federal funds made 

available for the program for each fiscal 

year; and 

(C) any other information the head of 

the Federal agency determines to be 

relevant. 

DOI Summary: The DOI reviewed 

each of its 287 financial assistance 

programs to identify Federal financial 

assistance programs for infrastructure. 

The analysis found in the link above 

identifies the DOI’s initial assessment of 

financial assistance programs for 

infrastructure (‘‘Infrastructure 

Programs’’). The types of infrastructure 

projects pursued under these programs 

are identified within question 4(c), 

column K of the analysis. 

(5) Section 70913(c) of IIJA requires 

that the report include a list of 

‘‘Deficient Programs’’ which identifies 

DOI’s financial assistance programs for 

infrastructure (as defined in section 

70912(5) of IIJA) for which a domestic 

content procurement preference 

requirement does not apply in a manner 

consistent with section 70914 of IIJA or 

is subject to a waiver of general 

applicability not limited to the use of 

specific products for use in a specific 

project. Section 70914 requires that all 

the iron, steel, manufactured products, 

and construction materials used in 

projects receiving DOI financial 

assistance for infrastructure be 

produced in the United States unless 

DOI provides a waiver of the 

requirement or application of the 

requirement would be inconsistent with 

the United States’ obligations under 

international agreements. 

DOI Summary: As noted above and 

based on information known at the time 

of this assessment, all included DOI 

Infrastructure Programs constitute 

‘‘Deficient Programs’’ as defined in the 

Build America, Buy America Act. 

Eric Werwa, 

Deputy Assistant Secretary—Policy and 

Environmental Management, Exercising the 

Delegated Authority of the Assistant Secretary 

for Policy, Management and Budget. 

[FR Doc. 2022–00958 Filed 1–14–22; 8:45 am] 

BILLING CODE 4334–63–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the Clean Water 

Act 

On January 11, 2022, the Department 

of Justice lodged a proposed Consent 

Decree with the United States District 

Court for the Western District of 

Pennsylvania in the lawsuit entitled 

United States and Pennsylvania 

Department of Environmental 

Protection v. West Penn Power 

Company (West Penn), Civil Action No. 

2:22–cv–00051–NR. 

This case relates to alleged violations 

of monthly effluent limitations 

contained in National Pollution 

Discharge Elimination System (NPDES) 

permits issued to West Penn by the 

Pennsylvania Department of 

Environmental Protection (PADEP) and 

related to boron levels in leachate 

discharges from two closed coal ash 

landfills in Western Pennsylvania. The 

Mingo Landfill is associated with the 

retired, coal-fired Mitchell Power Plant 

in Union Township, Washington 

County, and the Springdale Landfill is 

associated with the retired coal-fired 

Springdale Power Plant in Frazer 

Township, Allegheny County. The case 

involves claims for civil penalties and 

injunctive relief under the Clean Water 

Act, 33 U.S.C. 1251 et seq., as well as 

a related count under the Pennsylvania 

Clean Streams Law, 35 P. S. §§ 691.1– 

691.801 for the alleged violations at the 

Mingo Landfill. The proposed 

settlement embodied in the lodged 

Consent Decree requires West Penn to 

install a new gravity pipeline from the 

Springdale Landfill to a new outfall 

location in the Allegheny River, and to 

operate a recently installed gravity 

pipeline from the Mingo Landfill to 

Peters Creek. Both new outfalls will 

require West Penn to operate the 

pipelines in compliance with newly 

issued NPDES permits. West Penn is 

also required to pay civil penalties of 

$305,000 to the United States and 

$305,000 to PADEP. 

The publication of this notice opens 

a period for public comment on the 

Consent Decree. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and should refer to 

United States et al. v. West Penn Power, 

D.J. Ref. No. 90–5–1–1–11894. All 

comments must be submitted no later 

than thirty (30) days after the 

publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

During the public comment period, 

the Consent Decree may be examined 

and downloaded at this Justice 

Department website: https://

www.justice.gov/enrd/consent-decrees. 

We will provide a paper copy of the 

Consent Decree upon written request 

and payment of reproduction costs. 

Please mail your request and payment 

to: Consent Decree Library, U.S. DOJ— 

ENRD, P.O. Box 7611, Washington, DC 

20044–7611. 

Please enclose a check or money order 

for $15.50 (25 cents per page 


khammond on DSKJM1Z7X2PROD with NOTICES