Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices 9101 

The Negotiated Rulemaking Act of 

1990 (5 U.S.C. 561–570) provides, at 5 

U.S.C. 565(b), that the membership of a 

negotiated rulemaking committee 

should generally be limited to 25 

members. It is not required that each 

potentially affected organization or 

entity necessarily have its own 

representative. However, HUD must be 

satisfied that the group as a whole 

reflects a geographically diverse crosssection of small, medium, and large 

Indian tribes. 

III. Requests for Representation 

If you are interested in serving as a 

member of the Committee or in 

nominating another person to serve as a 

member of the Committee, you may 

submit a nomination to HUD in 

accordance with the ADDRESSES section 

of this notice. Your nomination for 

membership on the Committee must 

include: 

1. The name of your nominee and a 

description of the interests the nominee 

would represent; 

2. Evidence that your nominee is 

authorized to represent a tribal 

government, which may include the 

tribally designed housing entity of a 

tribe with the interests the nominee 

would represent, so long as the tribe 

provides evidence that it authorizes 

such representation; and 

3. A written commitment that the 

nominee will actively participate in 

good faith in the development of the 

rule. 

HUD will determine whether a 

proposed member will be included in 

the makeup of the Committee. HUD will 

make that decision based on whether a 

proposed member would be 

significantly affected by the proposed 

rule, whether the interest of the 

proposed member could be represented 

adequately by other members, and 

whether space permits. 

IV. Additional Notice 

Section 564 of the Negotiated 

Rulemaking Act of 1990 requires that an 

agency, prior to the establishment of a 

negotiated rulemaking committee, 

publish a notice in the Federal Register 

announcing its intent to establish the 

committee, provide a list of the 

proposed committee membership, 

provide certain other information 

regarding the formation of the 

committee, and solicit nominations for 

selection to the committee. After 

reviewing any comments on this notice 

and any requests for representation, 

HUD will publish a notice that will 

announce the proposed membership of 

the committee, solicit additional 

nominations for membership, and 

provide the information required by 

section 564 in the Federal Register. 

Dated: February 23, 2009. 

Paula O. Blunt, 

General Deputy Assistant Secretary for Public 

and Indian Housing. 

[FR Doc. E9–4274 Filed 2–27–09; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R2–ES–2008–N0317]; [20124–1112– 

0000–F2] 

Town of Marana Habitat Conservation 

Plan, Pima County, AZ 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability: draft 

environmental impact statement and 

draft habitat conservation plan in 

support of an incidental take permit 

application. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), have received 

an application from the Town of Marana 

(Applicant) for an incidental take permit 

(ITP) under the Endangered Species Act 

of 1973 (Act). The Applicant has been 

assigned permit number TE–204887–0. 

If approved, the permit would be for a 

period of 25 years, and would authorize 

incidental take of two species currently 

listed under the Act, and 11 species that 

may become listed under the Act in the 

future (collectively ‘‘covered species’’). 

The proposed incidental take would 

occur in Pima County, Arizona, as a 

result of impacts on covered species and 

occupied habitat from specified actions 

conducted under the authority of the 

Town of Marana. We request public 

comments on the application and 

associated documents, and announce 

our plan to hold public meetings. 

DATES: Public meetings: We will accept 

oral and written comments at two 

public meetings, which we will hold on 

April 2, 2009, April 15, 2009, and April 

16, 2009, from 6 p.m. to 8 p.m. We must 

receive any requests for additional 

public meetings, in writing, at the 

address shown in the ADDRESSES section 

by April 1, 2009. 

Comment-period end: To ensure 

consideration, we must receive any 

comments on or before May 1, 2009. 

ADDRESSES: For where to review 

documents and submit comments, and 

public meeting locations, see 

‘‘Reviewing Documents and Submitting 

Comments’’ in SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Draft EIS: Mr. Scott Richardson, Tucson 

Suboffice, U.S. Fish and Wildlife 

Service, 201 N. Bonita Ave., Suite 141, 

Tucson, AZ 85745; 520/670–6150 x 242. 

Application and Draft HCP: Ms. 

Jennifer Christelman or Ms. Janine 

Spencer, Town of Marana, 11555 W. 

Civic Center Dr., Marana, AZ 85653 or 

Mr. Colby Henley, RECON, 525 West 

Wetmore Road, Suite 111, Tucson, AZ 

85705. Information regarding the HCP 

can also be obtained on the Internet at 

http://www.marana.com/hcp. 

SUPPLEMENTARY INFORMATION: Under the 

National Environmental Policy Act 

(NEPA), we announce that we have 

gathered the information necessary to: 

(1) Determine the impacts and formulate 

alternatives for the EIS, related to the 

potential issuance of an ITP to the 

Applicant; and (2) approve the HCP, 

which provides measures to minimize 

and mitigate the effects of the proposed 

incidental take of federally listed 

species to the maximum extent 

practicable, pursuant to section 

10(a)(1)(B) of the Act (16 U.S.C. 1531 et 

seq.). 

If we approve it, the 25-year permit 

would authorize the proposed 

incidental take of 13 covered species, 

including species currently listed under 

the Act, as well as species that may 

become listed under the Act in the 

future: (1) Lesser long-nosed bat 

(Leptonycteris curasoae yerbabuenae); 

(2) Southwestern willow flycatcher 

(Empidonax traillii extimus); (3) 

Yellow-billed cuckoo (Coccyzus 

americanus occidentalis); (4) Cactus 

ferruginous pygmy-owl (Glaucidium 

brasilianum cactorum); (5) Lowland 

leopard frog (Rana yavapaiensis); (6) 

Talus snails (Sonorella spp.); (7) Tucson 

shovel-nosed snake (Chionactis 

occipitalis klauberi); (8) Ground snake 

(Sonora semiannulata); (9) Sonoran 

desert tortoise (Gopherus agassizii); (10) 

Merriam’s mouse (Peromyscus 

merriami); (11) Mexican garter snake 

(Thamnophis eques megalops); (12) 

Burrowing owl (Athene cunicularia); 

and (13) Pale Townsend’s big-eared bat 

(Corynorhinus townsendii). 

The proposed incidental take would 

occur within the Town of Marana in 

Pima County, Arizona, as a result of 

impacts from actions occurring under 

the authority of the Applicant. The 

Applicant has completed a draft HCP as 

part of the application package, as 

required by the Act. The application 

and associated documents provide 

measures to minimize and mitigate to 

the maximum extent practicable the 

effects of the proposed incidental take of 

covered species and effects to the 


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9102 Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices 

habitats upon which they depend. We 

have issued a draft EIS to evaluate the 

impacts of and alternatives for the 

possible issuance of an ITP. 

Background 

The Town of Marana in southern 

Arizona, including its recent annexation 

of 21,500 acres of State Trust lands 

along the Tortolita Fan, contains unique 

natural resource values within much of 

its undeveloped lands, including 

ironwood-dominated Arizona Upland 

and xeroriparian plant communities 

along the bajadas (fans) and slopes of 

the Tortolita Mountains and portions of 

the Santa Cruz River Corridor. One of 

the fastest growing communities in 

Arizona, the town recognizes the need 

to provide a solid economic base and 

desirable quality of life for its citizens. 

Subsequently, town leaders have 

acknowledged the need to balance 

economic, environmental, and human 

interests by implementing a communitywide conservation planning effort. The 

overall goals of this conservation 

planning effort are to: (1) Identify 

Federal, State Trust, County, and private 

lands that merit inclusion within a 

scientifically based conservation reserve 

designed to provide long-term 

protection for multiple species of 

concern and key natural communities; 

(2) identify appropriate mechanisms to 

best conserve these lands over the longterm; (3) provide for regional economic 

objectives, including the orderly and 

efficient development of certain private 

and State Trust lands and associated 

public and private infrastructure; (4) 

contribute to regional conservation 

planning efforts in eastern Pima County; 

and (5) facilitate compliance with the 

Act’s Section 10(a)(1)(B) permit 

requirements. 

Purpose and Need for Action 

The purpose for which we prepared 

the draft EIS is to respond to the 

Applicant’s request for an ITP for the 

proposed covered species related to 

activities that have the potential to 

result in incidental take. The 

Applicant’s proposed HCP will balance 

the protection and conservation of the 

Town of Marana’s unique natural 

resources with ongoing economic 

development and urbanization. The 

Applicant recognizes that the quality of 

life of its citizens is dependent upon an 

integrated environment which balances 

the needs of listed species and their 

habitats with human needs. The HCP 

will protect and conserve the covered 

species and their habitats for the 

continuing benefit of the people of the 

United States and provide a means and 

take steps to conserve the ecosystems 

depended on by the covered species. 

The HCP will ensure the long-term 

survival of the covered species through 

protection and management of the 

species and their habitats and ensure 

compliance with the Act, NEPA, and 

other applicable laws and regulations, 

pursuant to section 10(a)(1)(B) of the 

Act and its implementing regulations 

and policies. 

The need for this action is based on 

the potential that activities proposed by 

the Applicant on lands under their 

jurisdiction could result in the 

incidental take of covered species, thus 

requiring an ITP. Section 9 of the Act 

prohibits the ‘‘taking’’ of threatened and 

endangered species. However, we are 

authorized, under limited 

circumstances, to issue permits to take 

federally listed species, when such a 

taking is incidental to, and not the 

purpose of, otherwise lawful activities. 

Regulations governing permits for 

endangered and threatened species are 

in the Code of Federal Regulations 

(CFR) at 50 CFR 17.22 and 17.32, 

respectively. The term ‘‘take’’ under the 

Act means to harass, harm, pursue, 

hunt, shoot, wound, kill, trap, capture, 

or collect endangered and threatened 

species, or to attempt to engage in any 

such conduct. Our regulations define 

‘‘harm’’ as significant habitat 

modification or degradation that results 

in death or injury to listed species by 

significantly impairing essential 

behavioral patterns, including breeding, 

feeding, or sheltering (50 CFR 17.3). The 

proposed ITP would allow approved 

incidental take that is consistent with 

the conservation guidelines in the 

Applicant’s HCP. The development and 

implementation of the HCP will ensure 

that the Applicant meets the provisions 

for issuance of the ITP. 

Proposed Action 

The requested duration of the ITP is 

25 years. The areas covered by the 

proposed ITP include those areas within 

the boundaries of the Town of Marana, 

approximately 76,500 acres. Activities 

proposed for coverage under the ITP 

include lawful activities that would 

occur consistent with Marana’s General 

Plan and include, but are not limited to, 

maintenance of Marana operations, 

implementation of capital improvement 

projects, and issuance of land-use 

related permits, including those for 

residential and commercial 

development. Specific covered activities 

include road construction, public water 

infrastructure, parks and trails, airport 

infrastructure, and residential/ 

commercial/industrial development. 

The proposed action is the issuance of 

an ITP for listed and sensitive species 

within the Town of Marana in Pima 

County, Arizona, under section 

10(a)(1)(B) of the Act. Incidental take 

anticipated under this ITP application is 

species and location specific, but may 

include direct take of individuals, as 

well as take in the form of habitat loss 

or modification. Habitat impacts for 

covered species range from 

approximately 100 acres for riparian 

species to approximately 8,000 acres for 

species using upland Sonoran 

desertscrub. The Applicant will develop 

and implement the HCP, as required by 

section 10(a)(2)(A) of the Act. The HCP 

will provide measures to minimize and 

mitigate the effects of the proposed 

incidental take on listed and sensitive 

species and their habitats. The 

biological goal of the HCP is to provide 

long-term protection for multiple 

species of concern and key natural 

communities through maintaining or 

improving the habitat conditions and 

ecosystem functions necessary for their 

survival and to ensure that any 

incidental take of listed species will not 

appreciably reduce the likelihood of the 

survival and recovery of those species. 

Mitigation measures include 

conservation of undisturbed open space, 

species surveys, habitat restoration, and 

implementation of conservation 

guidelines for all types of development 

and capital improvement projects. 

Alternatives 

Three alternatives were considered in 

the development of the draft EIS and 

draft HCP: 

1. No Action/No Permit Alternative— 

No issuance of an ITP by the Service. 

This alternative would require the 

Applicant to evaluate each project or 

action on a case-by-case basis to address 

issues under the Act and avoid take of 

federally listed species. This alternative 

is the baseline against which the effects 

of the other alternatives are compared. 

2. Town Projects and Actions Only— 

This alternative would seek ITP 

coverage for only the Applicant’s own 

actions. Covered activities would only 

include the Town of Marana’s public 

works and capital improvement 

projects. Private actions could be 

covered only through voluntary 

adoption of the HCP. 

3. Town Actions, Discretionary 

Private Actions, and Voluntary 

Inclusion—This alternative is the 

proposed action for which the 

Applicant is seeking coverage through 

an ITP. Town actions and projects 

would be covered, as well as private 

actions where the Town maintains 

discretionary authority for approval. As 

in Alternative 2, private actions not 

subject to discretionary approval could 


erowe on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices 9103 

also be covered through voluntary 

inclusion. 

Reviewing Documents and Submitting 

Comments 

Please refer to TE–204887–0–0 when 

requesting documents or submitting 

comments. 

Persons wishing to review the 

application, draft Habitat Conservation 

Plan (HCP), and draft Environmental 

Impact Statement (EIS) may obtain 

copies by calling or faxing the U.S. Fish 

and Wildlife Service Tucson Suboffice, 

201 N. Bonita Ave, Suite 141, Tucson, 

AZ 85745 (520/670–6144, voice; 520/ 

670–6155, fax). The application, draft 

HCP, and draft EIS will also be available 

for public inspection, by appointment, 

during normal business hours (8 a.m. to 

4:30 p.m.) at the Tucson office. During 

the public comment period (see DATES), 

submit your written comments or data 

to the Assistant Field Supervisor at the 

Tucson address. Comments will also be 

accepted by fax at the fax number above, 

as well as by e-mail to 

scott_richardson@fws.gov. 

Public comments submitted are 

available for public review at the 

Tucson address listed above. This 

generally means that any personal 

information you provide us will be 

available to anyone reviewing the public 

comments (see the Public Availability of 

Comments section below for more 

information). 

Read-only downloadable copies of the 

application, draft HCP, and draft EIS are 

available on the internet at http:// 

www.fws.gov/southwest/es/arizona and 

http://www.marana.com. A printed or 

CD copy of these documents is available 

upon request to Ms. Janine Spencer, 

Town of Marana, 11555 W. Civic Center 

Dr., Marana, AZ 85653; (520) 382–2600; 

jspencer@marana.com. Copies of the 

application, draft HCP, and draft EIS are 

also available for public inspection and 

review at the locations listed below (by 

appointment only at government 

offices): 

• U.S. Fish and Wildlife Service, 201 

N. Bonita Ave., Suite 141, Tucson, AZ 

85745; 

• U.S. Fish and Wildlife Service, 

2321 West Royal Palm Road, Suite 103, 

Phoenix, AZ 85021; 

• Nanini Public Library, 7300 N. 

Shannon Road, Tucson, AZ 85741; 

• Pima County Main Library, 101 

North Stone Ave., Tucson, AZ 85701, 

• Marana Branch Library, 13370 

North Lon Adams Road, Marana, AZ 

85653; and 

• Oro Valley Public Library, 1305 

West Naranja Drive, Oro Valley, AZ 

85737. 

Public Meetings 

Three public meetings will take place, 

on April 2, 2009, at the Marana 

Municipal Complex, 11555 W. Civic 

Center Dr., Marana, AZ 85653, from 6 

p.m. to 8 p.m., on April 15, 2009, at the 

Wheeler Taft-Abbett Sr. Library, 7800 N. 

Schisler Drive, Tucson, AZ 86743, from 

6 p.m. to 8 p.m., and on April 16, 2009, 

at the Heritage Highlands Clubhouse 

Ballroom, 4949 W. Heritage Club Blvd., 

Tucson, AZ 85658, from 6 p.m. to 8 pm. 

Public Availability of Comments 

Written comments we receive become 

part of the public record associated with 

this action. Before including your 

address, phone number, e-mail address, 

or other personal identifying 

information in your comment, you 

should be aware that the entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Authority 

We provide this notice under section 

10(c) of the Act (16 U.S.C. 1531 et seq.) 

and its implementing regulations (50 

CFR 17.22) and NEPA (42 U.S.C. 4371 

et seq.) and its implementing 

regulations (40 CFR 1506.6). 

Thomas L. Bauer, 

Acting Regional Director, Region 2, 

Albuquerque, New Mexico. 

[FR Doc. E9–4319 Filed 2–27–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLIB00000 L11500000.CB0000 

LXSS024D0000: 4500006649] 

Notice of Public Meeting: Resource 

Advisory Council to the Boise District, 

Bureau of Land Management, U.S. 

Department of the Interior 

AGENCY: Bureau of Land Management, 

U.S. Department of the Interior. 

ACTION: Notice of public meeting. 

SUMMARY: In accordance with the 

Federal Land Policy and Management 

Act (FLPMA) and the Federal Advisory 

Committee Act of 1972 (FACA), the U.S. 

Department of the Interior, Bureau of 

Land Management (BLM) Boise District 

Resource Advisory Council (RAC), will 

hold a meeting as indicated below. 

DATES: The meeting will be held April 

2, 2009 at the Boise District Offices 

beginning at 9 a.m. and adjourning at 4 

p.m. Members of the public are invited 

to attend, and comment periods will be 

held during the course of the day. 

FOR FURTHER INFORMATION CONTACT: MJ 

Byrne, Public Affairs Officer and RAC 

Coordinator, BLM Boise District, 3948 

Development Ave., Boise, ID 83705, 

Telephone (208) 384–3393. 

SUPPLEMENTARY INFORMATION: The 15- 

member Council advises the Secretary 

of the Interior, through the BLM, on a 

variety of planning and management 

issues associated with public land 

management in southwestern Idaho. 

Items on the agenda will include 

elections of Officers for the remainder of 

Fiscal Year 2009. An update and 

discussion about the development of the 

Four Rivers Field Office Resource 

Management Plan (RMP) will be held. 

Discussions will also be held about 

various methods to improve 

communications and meeting 

effectiveness. The goals and objectives 

of the RAC will be discussed with a 

prioritization of areas of interest. Hot 

Topics will be discussed by the District 

Manager. Field Office managers will 

provide highlights for discussion on 

activities in their offices. Agenda items 

and location may change due to 

changing circumstances. All RAC 

meetings are open to the public. The 

public may present written or oral 

comments to members of the Council. 

At each full RAC meeting time is 

provided in the agenda for hearing 

public comments. Depending on the 

number of persons wishing to comment 

and time available, the time for 

individual oral comments may be 

limited. Individuals who plan to attend 

and need special assistance, such as 

sign language interpretation, or other 

reasonable accommodations, should 

contact the BLM Coordinator as 

provided above. 

Dated: February 24, 2009. 

Aden Seidlitz, 

District Manager. 

[FR Doc. E9–4309 Filed 2–27–09; 8:45 am] 

BILLING CODE 4310–GG–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLIDT000000.L11200000.DD0000.241A.00] 

Notice of Public Meeting, Twin Falls 

District Resource Advisory Council 

Meeting, Idaho 

AGENCY: Bureau of Land Management, 

Interior. 


erowe on PROD1PC63 with NOTICES