24822 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Notices

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of a Habitat Conservation

Plan and Receipt of an Application for

an Incidental Take Permit for the

Maxwell Irrigation District Canal

Relocation Project, Colusa County,

California

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of availability and

receipt of application.

SUMMARY: This notice advises the public

that the Maxwell Irrigation District

(District) has applied to the Service for

an incidental take permit pursuant to

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

Species Act of 1973, as amended (Act).

The proposed permit would authorize

the incidental take of the giant garter

snake (Thamnophis gigas), federally

listed as threatened, and modification of

its habitat during construction of a new

water conveyance canal and associated

facilities in Colusa County, California.

The permit would be in effect for 2

years.

The Service announces the receipt of

the District’s incidental take permit

application and the availability of the

proposed Canal Relocation Habitat

Conservation Plan (Plan), which

accompanies the incidental take permit

application, for public comment. The

Plan fully describes the proposed

project and the measures the District

would undertake to minimize and

mitigate project impacts to the giant

garter snake. The Service has

determined that the District’s Plan

qualifies as a ‘‘low–effect’’ Habitat

Conservation Plan as defined by the

Service’s Habitat Conservation Planning

Handbook (November 1996). The

Service has further determined that

approval of the Plan qualifies as a

categorical exclusion under the National

Environmental Policy Act, as provided

by the Department of Interior Manual

(516 DM 2, Appendix 1 and 516 DM 6,

Appendix 1). This notice is provided

pursuant to section 10(c) of the Act.

DATES: Written comments on the permit

application and Plan should be received

on or before June 4, 1998.

ADDRESSES: Comments regarding the

permit application or the Plan should be

addressed to the Fish and Wildlife

Service, Sacramento Fish and Wildlife

Office, 3310 El Camino Avenue, Suite

130, Sacramento, California 95821–

6340. Individuals wishing copies of the

application and the Plan for review

should immediately contact the above

office. Documents also will be available

for public inspection, by appointment,

during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT: Ms.

Lori Rinek or Mr. William Lehman,

Sacramento Fish and Wildlife Office;

telephone (916) 979–2129.

SUPPLEMENTARY INFORMATION: Section 9

of the Act and Federal regulation

prohibit the ‘‘take’’ of a species listed as

endangered or threatened, respectively

(take is defined under the Act, in part,

as to kill, harm, or harass). However, the

Service, under limited circumstances,

may issue permits to authorize

‘‘incidental take’’ of listed species

(defined by the Act as take that is

incidental to, and not the purpose of,

the carrying out of an otherwise lawful

activity). Regulations governing permits

for threatened species are promulgated

in 50 CFR 17.32; regulations governing

permits for endangered species are

promulgated in 50 CFR 17.22.

Background

The District proposes to construct a

new 2,500-foot long conveyance canal

adjacent to an existing District canal and

the Colusa Basin Drain (Colusa Drain),

and a new siphon running underneath

the Colusa Drain, to provide water for

distribution directly to the District’s

service area. Currently, the District’s

existing canal runs west from its

Sacramento River diversion for

approximately 2.5 miles, where it meets

the Colusa Drain. The District’s water is

then discharged into the Colusa Drain

from the existing District canal, where it

is co-mingled with water drained from

approximately 450,000 acres of nonDistrict agricultural lands; the water is

then pumped from the Colusa Drain into

the District’s distribution system and

then to its service area. As a result of

irrigating with the co-mingled fresh and

drain water from the Colusa Drain, crop

productivity (mostly rice) on

agricultural lands served by the District

has declined due to warm water

temperatures and poor water quality.

The purpose of the proposed project is

to permit the District to convey water

directly to its service area without going

through the Colusa Drain. The proposed

project is located in Colusa County

approximately 9.5 miles north of the

town of Colusa and approximately two

miles west of the Sacramento River and

State Highway 45. The project site is

bordered on the north, south, and east

by private agricultural lands (rice

farming) and on the west by the Delevan

National Wildlife Refuge.

The new canal will convey water at

80 cubic feet per second and will end

at the new siphon structure. The siphon

structure will convey the water from the

new District canal, beneath the Colusa

Drain, to the existing District canal

opposite the Colusa Drain. The

proposed project will enhance crop

productivity by ensuring high quality

water for approximately 6,275 acres of

agriculture in the District’s service area.

The proposed project would also

provide a more reliable water supply.

In May, 1997, the proposed project

area was surveyed for potential habitat

for rare, threatened, or endangered

species and other biological features

that could be affected by the project.

Only one federally listed species, the

threatened giant garter snake, has the

potential to occur on the project site and

to be directly impacted by the proposed

project. The District has agreed to

implement the following measures to

minimize and mitigate impacts that may

result from incidental take of the giant

garter snake: (1) Conduct construction

activities during time periods when take

of the giant garter snake is less likely to

occur; (2) ensure that a qualified

biologist is present to monitor for

snakes, and, if necessary, to remove

from the project site any snakes

encountered during construction; (3)

ensure that dewatered channels remain

dry for at least 15 consecutive days prior

to any construction activity; (4) ensure

that construction personnel receive

worker awareness training; (5) install

silt screens and fences to prevent

erosion; (6) ensure that all excavated

materials are prevented from washing

into any watercourses; and (7) ensure

that construction equipment

disturbance will be minimized.

The Service has determined that the

Plan qualifies as a ‘‘low-effect’’ Habitat

Conservation Plan as defined by the

Service’s Habitat Conservation Planning

Handbook (November 1996). Low-effect

Habitat Conservation Plans are those

involving: (1) Minor or negligible effects

on federally listed and candidate

species and their habitats, and (2) minor

or negligible effects on other

environmental values or resources. The

Plan qualifies as a low-effect Habitat

Conservation Plan for the following

reasons:

1. Approval of the Plan would result

in minor or negligible effects on the

giant garter snake and its habitat. The

Service does not anticipate significant

direct or cumulative effects to the giant

garter snake resulting from construction

of the new conveyance canal.

2. Approval of the Plan would not

have adverse effects on unique

geographic, historic or cultural sites, or

involve unique or unknown

environmental risks.
Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Notices 24823

3. Approval of the Plan would not

result in any cumulative or growth

inducing impacts and, therefore, would

not result in significant adverse effects

on public health or safety.

4. The project does not require

compliance with Executive Order 11988

(Floodplain Management), Executive

Order 11990 (Protection of Wetlands), or

the Fish and Wildlife Coordination Act,

nor does it threaten to violate a Federal,

State, local or tribal law or requirement

imposed for the protection of the

environment.

5. Approval of the Plan would not

establish a precedent for future action or

represent a decision in principle about

future actions with potentially

significant environmental effects.

The Service has therefore determined

that approval of the Plan qualifies as a

categorical exclusion under the National

Environmental Policy Act, as provided

by the Department of the Interior

Manual (516 DM 2, Appendix 1 and 516

DM 6, Appendix 1). No further National

Environmental Policy Act

documentation will therefore be

prepared.

This notice is provided pursuant to

section 10(c) of the Act. The Service

will evaluate the permit application, the

Plan, and comments submitted thereon

to determine whether the application

meets the requirements of section 10(a)

of the Act. If it is determined that those

requirements are met, a permit will be

issued for the incidental take of the

giant garter snake during the District’s

canal relocation project. The final

permit decision will be made no sooner

than 30 days from the date of this

notice.

Dated: April 28, 1998.

Thomas J. Dwyer,

Acting Regional Director, Region 1, Portland,

Oregon.

[FR Doc. 98–11821 Filed 5–4–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Public Involvement Opportunities for

the Modification of the Habitat

Conservation Plan on Lands

Administered by Plum Creek Timber

Company in the State of Washington

AGENCY: Fish and Wildlife Service,

Interior; National Marine Fisheries

Service, NOAA, Commerce.

ACTION: Notice of public meetings.

SUMMARY: This notice advises the public

that the Fish and Wildlife Service and

National Marine Fisheries Service

(hereinafter ‘‘the Services’’) will

conduct meetings with the U.S. Forest

Service regarding the potential land

exchange in the Interstate-90 corridor of

Washington. The U.S. Forest Service

will address the potential land

exchange, and the Services will provide

information and receive comments or

questions regarding a potential

modification to the Plum Creek Timber

Company’s Habitat Conservation Plan.

On June 27, 1996, Plum Creek Timber

Company, L.P., was issued Permit PRT–

808398 which authorizes the take of

federally listed species, under the

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

Endangered Species Act. If the proposed

land exchange takes place, Plum Creek

Timber Company would likely request

to amend their Habitat Conservation

Plan to reflect the change in land base.

DATES: Public meetings will be held

from 7:00 to 9:00 p.m. on May 13, 14,

20, and 21, 1998.

ADDRESSES: Public meetings will be

held at the following locations: May 13,

Hal Holmes Community Center, 201

North Ruby, Ellensburg, Washington;

May 14, Cavanaugh’s at Yakima Center,

607 East Yakima Avenue, Yakima,

Washington; May 20, Mount Si High

School, 8651 Meadow Brook Way, S.E.,

Snoqualmie, Washington; May 21,

Cowlitz Valley Ranger Station, 10024

U.S. Highway 12, Randle, Washington.

FOR FURTHER INFORMATION CONTACT:

William Vogel, Wildlife Biologist,

Western Washington Fish and Wildlife

Office, 510 Desmond Drive, Suite 101,

Lacey, Washington 98503, (360) 753–

4367; or Matt Longenbaugh, Fishery

Biologist, National Marine Fisheries

Service, at the same address.

Interested parties may contact the

Services at the address listed above to

receive additional information,

including a map for the public meeting

location.

Dated: April 29, 1998.

Thomas J. Dwyer,

Acting Regional Director, Region 1, Portland,

Oregon.

[FR Doc. 98–11824 Filed 5–4–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Indian Gaming

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice of approved Tribal-State

Compact.

SUMMARY: Pursuant to Section 11 of the

Indian Gaming Regulatory Act of 1988,

Pub. L. 100–497, 25 U.S.C. 2710, the

Secretary of the Interior shall publish, in

the Federal Register, notice of approved

Tribal-State Compacts for the purpose of

engaging in Class III (casino) gambling

on Indian reservations. The Assistant

Secretary—Indian Affairs, Department

of the Interior, through his delegated

authority, has approved the Tribal-State

Compact Between the State of California

and the Pala Band of Mission Indians

which was executed on March 6, 1998.

DATES: This action is effective May 5,

1998.

FOR FURTHER INFORMATION CONTACT:

Nancy J. Pierskalla, Acting Director,

Indian Gaming Management Staff,

Bureau of Indian Affairs, Washington,

D.C. 20240, (202) 219–4068.

Dated: April 25, 1998.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 98–11895 Filed 5–4–98; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA–060–07–1210–00]

Meeting of the California Desert

District Advisory Council

SUMMARY: Notice is hereby given, in

accordance with Public Laws 92–463

and 94–579, that the California Desert

District Advisory Council to the Bureau

of Land Management, U.S. Department

of the Interior, will participate in a field

tour of BLM-administered public lands

near Blythe, California on Thursday,

June 11, 1998, from 7:30 a.m. to 3 p.m.,

and meet in formal session on Friday,

June 12 from 8 a.m. to 5 p.m., and

Saturday, June 13 from 8 a.m. to 11:30

a.m. The Friday and Saturday public

meetings will be held in the Blythe City

Council Chambers, located at 220 North

Spring Street, Blythe, California.

The Council and members of the

public will assemble for the field tour at

The Hampton Inn parking lot at 7:15

a.m., and depart at 7:30 a.m. The

Hampton Inn is located at 9000 West

Hubson Way, Blythe, California. The

tour will focus on the southeastern

portion of the proposed Chuckwalla

Desert Wildlife Management Area

within the Northern and Eastern

Colorado Desert (NECO) Coordinated

Management Planning Area.

Presentations will include discussions

on routes of travel, checkerboard land

ownership, recreation, and plant and

wildlife biological values.

The public is welcome to participate

in the field tour, but should dress