Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28427

by showing a sufficient level of

evidence under 83.7(b)(2), pursuant to

83.7(c)(3) they also meet criterion

83.7(c) for that time period. Between

1833 and 1840 (the date the Federal

Government attempted to remove all

Potawatomi on the Nottawaseppi

Reserve to Kansas), anecdotes and

reminiscences of pioneer settlers

mention leaders and chiefs of the

Potawatomi of Huron on the

Nottawaseppi Reserve, and the

Potawatomi of Huron continued during

this period of time to collect Federal

annuities under the Treaty of 1807.

From 1842 through the present day, the

Pine Creek settlement, which is

incorporated as Huron Potawatomi, Inc.,

the petitioner, has had an unbroken

sequence of documented leadership.

After the reestablishment of the

community at Pine Creek in 1842, the

band continued to choose traditional

chiefs through 1934. From 1934 through

1970, the leadership was by a committee

closely associated with the Methodist

Indian mission on the Pine Creek

reservation. In 1970, the petitioner

incorporated and has since been

administered by an elected chairman

and council. These leaders regularly

represented the group in its interaction

with the Bureau of Indian Affairs and to

the public, as well as supervising

internal reservation activities.

Therefore, we conclude that the

petitioner meets criterion 83.7(c) as

modified by criterion 83.8(d).

The petitioning group has provided a

copy of its governing document, which

describes its membership criteria. Thus,

we conclude that the petitioner meets

criterion 83.7(d).

With the exception of one adopted

child, all of the 819 members on the

petitioner’s 1994 membership list have

been documented to descend from

persons listed on the 1904 Taggart Roll,

compiled by the Bureau of Indian

Affairs in connection with the issuance

of Potawatomi annuity payments under

Federal treaties. Thus we conclude that

the petitioner meets criterion 83.7(e).

A portion of the membership of

Huron Potawatomi, Inc. (171

individuals)—persons who had dual

ancestry from both the Huron

Potawatomi and the Pokagon

Potawatomi—was determined to be

dually enrolled with the Pokagon

Potawatomi Band (aka Potawatomi of

Michigan and Indiana, Inc.), which was

federally acknowledged through the

legislative process in 1994, while the

petition from Huron Potawatomi, Inc.,

was being evaluated through the

administrative process. At the time the

Huron Potawatomi, Inc. membership

roll was compiled and submitted, the

Pokagon Potawatomi were not federally

acknowledged. Neither the Huron nor

the Pokagon constitutions prohibit dual

enrollment with other unacknowledged

Indian groups. The proportion of

individuals enrolled in a recognized

tribe (21 percent in the Pokagon

Potawatomi and five percent in other

tribes) is small enough that the Huron

Potawatomi membership is not

principally composed of persons who

are members of an acknowledged North

American Indian tribe. Therefore, we

find that the petitioner meets criterion

83.7(f) within the purpose of the

regulation, which is designed to prevent

the splintering and break-up of federally

acknowledged tribes through the

Federal acknowledgment process.

No evidence was found that the

petitioner or its members are the subject

of congressional legislation which has

expressly terminated or forbidden the

Federal relationship. Therefore, we find

that the petitioner meets criterion

83.7(g).

In October 1994, 126 Taggart Roll

descendants who have dual ancestry in

both the Huron Potawatomi and in the

Potawatomi settlement centered around

Bradley and Salem in Allegan County,

Michigan, notified the Bureau of Indian

Affairs that they wish to have their

names removed from the Huron

Potawatomi, Inc. membership list in

order to be part of the petition for

Federal acknowledgment of the Matche-be-nash-she-wish Potawatomi Band

(#9A). Removal of these 126 individuals

from the petitioner’s membership does

not affect the ability of the petitioner to

meet the mandatory criteria of the

Federal acknowledgment regulations.

Based on this preliminary factual

determination, we conclude that the

Huron Potawatomi, Inc. should be

granted Federal acknowledgment under

25 CFR part 83.

As provided by 25 CFR 83.10(h) of the

revised regulations, a report

summarizing the evidence, reasoning,

and analyses that are the basis for the

proposed decision will be provided to

the petitioner and interested parties,

and is available to other parties upon

written request. Comments on the

proposed finding and/or requests for a

copy of the report of evidence should be

addressed to the Office of the Assistant

Secretary, Bureau of Indian Affairs,

1849 C Street, NW., Washington, DC

20240, Attention; Branch of

Acknowledgment and Research,

Mailstop 2611—MIB. Third parties must

simultaneously supply copies of their

comments to the petitioner in order for

them to be considered by the

Department of the Interior.

During the response period, the

Assistant Secretary shall provide

technical advice concerning the

proposed finding and shall make

available to the petitioner in a timely

fashion any records used for the

proposed finding not already held by

the petitioner, to the extent allowable by

Federal law (83.10(j)(1)). In addition, the

Assistant Secretary shall, if requested by

the petitioner or any interested party,

hold a formal meeting for the purpose

of inquiring into the reasoning,

analyses, and factual bases for the

proposed finding. The proceedings of

this meeting shall be on the record. The

meeting record shall be available to any

participating party and become part of

the record considered by the Assistant

Secretary in reaching a final

determination (83.10(j)(2)).

If third party comments are received

during the regular response period, the

petitioner shall have a minimum of 60

days to respond to these comments.

This period may be extended at the

Assistant Secretary’s discretion if

warranted by the nature and extent of

the comments (83.10(k)).

At the end of the response periods the

Assistant Secretary shall consider the

written arguments and evidence

submitted during the response periods

and issue a final determination. The

Assistant Secretary shall consult with

the petitioner and interested parties to

determine an equitable timeframe for

preparation of the final determination

and notify the petitioner and interested

parties of the date such consideration

begins. The Assistant Secretary may

conduct any necessary additional

research and may request additional

information from the petitioner and

third parties. A summary of the final

determination will be published in the

Federal Register within 60 days from

the date on which the consideration of

the written arguments and evidence

rebutting or supporting the proposed

finding begins, as provided in 25 CFR

83.10(l)(2).

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 95–13172 Filed 5–30–95; 8:45 am]

BILLING CODE 4310–02–P

Bureau of Land Management

[WO–350–09–1430–00]

Information Collection Submitted to

the Office of Management and Budget

for Review Under the Paperwork

Reduction Act

The proposal for the collection of

information listed below has been
28428 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices

submitted to the office of Management

and Budget for approval under the

provisions of the Paperwork Reduction

Act (44 U.S.C. Chapter 35). Copies of the

information and collection requirement

and related forms and explanatory

material may be obtained by contacting

the Bureau’s clearance Officer at phone

number listed below. Comments and

suggestions on the requirements should

be made to the Bureau Clearance Officer

and to the Office of Management and

Budget, Paperwork Reduction Project

(1004–0107), Washington, DC 20503,

telephone number 202–395–7340.

Title: 43 CFR 2800 and 2880, Rightsof-Way.

OMB Approval Number: (1004–0107).

Abstract: This information, supplied

by an applicant for a right-of-way, is

needed for the authorized officer to

determine whether or not a right-of-way

may be granted, establish terms and

conditions of the grant, and administer

the grant when made.

Bureau Form Number: None.

Frequency: Once when an application

is filed.

Description of Respondents:

Applicants needing a right-of-way on

Federal Lands.

Estimated Completion Time: 16.8

hours.

Annual Responses: 1,000.

Annual Burden Hours: 16,800.

Bureau Clearance Officer: Wendy

Spencer 303–236–6642.

Dated: April 15, 1995.

W. Hord Tipton,

Assistant Director, Resource Use & Protection.

[FR Doc. 95–13231 Filed 5–30–95; 8:45 am]

BILLING CODE 4310–84–M

Fish and Wildlife Service

Availability of an Environmental

Assessment and Receipt of an

Application for an Incidental Take

Permit From Aronov Realty

Management Incorporated, in Baldwin

County, Alabama

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

SUMMARY: Aronov Realty Management

Incorporated, (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 (Act). The

proposed permit would authorize for a

period of 30 years the incidental take of

an endangered species, the Alabama

beach mouse (Peromyscus polionotus

ammobates), known to occupy a 52-acre

tract of land owned by the Applicant in

Baldwin County, Alabama. The

Application proposed to construct a

project known as Martinique, which

will include two 18-unit mid-rise

residential buildings, their associated

landscaped grounds and parking areas,

a beach club recreation amenity, and

two dune walkover structures (Project).

The Service also announces the

availability of an environmental

assessment (EA) and habitat

conservation plan (HCP) for the

incidental take application. Copies of

the EA or HCP may be obtained by

making requests to the addresses below.

This notice is provided pursuant to

Section 10(c) of the Act and National

Environmental Policy Act Regulations

(40 CFR 1506.6).

DATES: Written comments on the permit

application, EA and HCP should be

received on or before June 30, 1995.

ADDRESSES: Persons wishing to review

the application may obtain a copy by

writing the Service’s Southeast Regional

Office, Atlanta, Georgia. Persons

wishing to review the EA or HCP may

obtain a copy by writing the Regional

Office or the Jackson, Mississippi, Field

Office. Requests must be in writing to

properly process requests. Documents

will also be available for public

inspection, by appointment, during

normal business hours at the Regional

Office, or the Field Office. Written data

or comments concerning the

application, EA, or HCP should be

submitted to the Regional Office. Please

reference permit under PRT—802986 in

such comments.

Regional Permit Coordinator (TE),

U.S. Fish and Wildlife Service, 1875

Century Boulevard, Suite 210, Atlanta,

Georgia 30345, (telephone 404/679–

7110, FAX 404/679–7280).

Field Supervisor, U.S. Fish and

Wildlife Service, 6578 Dogwood View

Parkway, Suite A, Jackson, Mississippi

39213 (telephone 601/965–4900, FAX

601/965–4340).

FOR FURTHER INFORMATION CONTACT: Mr.

Will McDearman at the above Jackson,

Mississippi, Field Office.

SUPPLEMENTARY INFORMATION: The

Alabama beach mouse (ABM),

Peromyscus polionotus ammobates, is a

subspecies of the common oldfield

mouse Peromyscus polionotus and is

restricted to the dune systems of the

Gulf Coast of Alabama. The known

current range of ABM extends from Fort

Morgan eastward to the western

terminus of Alabama Highway 182,

including the Perdue Unit on the Bon

Secour National Wildlife Refuge

(BSNWR). The sand dune systems

inhabited by this species are not

uniform; several habitat types are

distinguishable. The species inhabits

primary dunes, interdune areas,

secondary dunes, and scrub dunes. The

depth and area of these habitats from

the beach inland varies. Population

surveys indicate that this subspecies is

usually more abundant in primary

dunes that in secondary dunes, and

usually more abundant in secondary

dunes than in scrub dunes. Optimal

habitat consists of dune systems with all

dune types. Though fewer ABM inhabit

scrub dunes, these high dunes can serve

as refugia during devastating hurricanes

that overwash, flood, and destroy or

alter secondary and frontal dunes. ABM

surveys on the Applicant’s property

reveal habitat occupied by ABM. The

Applicant’s property contains

designated critical habitat for the ABM.

Construction of the Project may result in

the death of, or injury to, ABM. Habitat

alterations due to house placement and

its subsequent use may reduce available

habitat for food, shelter, and

reproduction. Further, the Applicant’s

property borders the BSNWR, and is

considered Priority I lands for inclusion

into the Perdue Unit (of BSNWR).

The EA considers the environmental

consequences of several alternatives.

One action proposed is the issuance of

the incidental take permit. This

alternative provides for restrictions that

include placing landward of the

designated ABM critical habitat,

establishment of a walkover structure

across that scrub dune, a prohibition

against housing or keeping pet cats,

ABM competitor control and monitoring

measures, scavenger-proof garbage

containers, restoration of dune systems

impacted by the construction, and the

minimization and control of outdoor

lighting. The HCP provides a funding

source for these mitigation measures.

Another alternative is Service

acquisition of the property for inclusion

into the BSNWR. A third alternative is

no-action, or deny the request for

authorization to incidentally take the

ABM.

Dated: May 23, 1995.

Noreen K. Clough,

Regional Director.

[FR Doc. 95–13207 Filed 5–30–95; 8:45 am]

BILLING CODE 4310–55–P

Receipt of Application(s) for Permit

The following Applicant(s) have

applied for a permit to conduct certain

activities with endangered species. This

notice is provided pursuant to Section

10(c) of the Endangered Species Act of

1973, as amended (16 U.S.C. 1531, et

seq.)