Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Notices 24193 

make this determination, we reassessed 

our environmental action statement and 

low-effect screening form prepared for 

the current HCP, and this draft NEPA 

compliance documentation is also 

available for public review. 

DATES: We must receive your written 

comments on or before May 23, 2022. 

ADDRESSES: Document availability: 

Electronic copies of the documents this 

notice announces, along with public 

comments received, will be available 

online in Docket No. FWS–R8–ES– 

2021–0164 at https://

www.regulations.gov. 

Comment submission: In your 

comment, please specify whether your 

comment addresses the proposed HCP, 

draft environmental action statement, or 

any combination of the aforementioned 

documents, or other supporting 

documents. You may submit written 

comments by one of the following 

methods: 

• Online: https://

www.regulations.gov. Search for and 

submit comments on Docket No. FWS– 

R8–ES–2021–0164. 

• By hard copy: Submit comments by 

U.S. mail to Public Comments 

Processing, Attn: Docket No. FWS–R8– 

ES–2021–0164; U.S. Fish and Wildlife 

Service; 5275 Leesburg Pike, MS: PRB/ 

3W; Falls Church, VA 22041–3803. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jonathan D. Snyder, Assistant Field 

Supervisor, Carlsbad Fish and Wildlife 

Office, 760–431–9440. Individuals in 

the United States who are deaf, 

deafblind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunicators relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: We, the 

U.S. Fish and Wildlife Service (Service), 

have received an application from 

Monterey Park Retail Partners, LLC 

(applicant), to renew incidental take 

permit TE20536C–0 under the 

Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.). 

The applicant has requested a renewal 

that would extend the permit 

authorization by 5 years from the date 

the permit is reissued. The existing 

permit is valid from February 6, 2017, 

to February 6, 2022. The applicant has 

agreed to follow all of the existing 

habitat conservation plan (HCP) 

conditions. The permit would authorize 

take of the federally threatened coastal 

California gnatcatcher (Polioptila 

californica californica), incidental to 

otherwise lawful activities associated 

with the low-effect HCP for the 

Monterey Park Market Place Project. If 

the permit is renewed, no additional 

take above the original authorized limit 

of up to three pairs of coastal California 

gnatcatcher associated with permanent 

removal of 2.77 acres of coastal sage 

scrub and 9.12 acres of mulefat scrub 

and ruderal vegetation within the 62- 

acre development area will be 

authorized. 

We invite the public and local, State, 

Tribal, and Federal agencies to comment 

on the application, which includes the 

applicant’s current low-effect HCP and 

our preliminary determination that the 

proposed action is categorically 

excluded under NEPA. To make this 

determination, we reassessed our 

environmental action statement and 

low-effect screening form prepared for 

the current HCP, and this draft NEPA 

compliance documentation is also 

available for public review. 

Background 

The coastal California gnatcatcher was 

listed by the Service as threatened on 

March 30, 1993 (58 FR 16742). Section 

9 of the ESA and its implementing 

Federal regulations prohibit the ‘‘take’’ 

of animal species listed as endangered 

or threatened. ‘‘Take’’ is defined under 

the ESA as to ‘‘harass, harm, pursue, 

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

or collect [listed animal species], or to 

attempt to engage in such conduct’’ (16 

U.S.C. 1538). ‘‘Harm’’ includes 

significant habitat modification or 

degradation that actually kills or injures 

listed wildlife by significantly impairing 

essential behavioral patterns, such as 

breeding, feeding, or sheltering (50 CFR 

17.3). However, under section 10(a) of 

the ESA, the Service may issue permits 

to authorize incidental take of listed 

species. ‘‘Incidental taking’’ is defined 

by the ESA implementing regulations as 

taking that is incidental to, and not the 

purpose of, carrying out an otherwise 

lawful activity (50 CFR 17.3). 

Regulations governing incidental take 

permits for endangered and threatened 

species, respectively, are found in the 

Code of Federal Regulations at 50 CFR 

17.22 and 50 CFR 17.32. Issuance of an 

incidental take permit also must not be 

likely to jeopardize the continued 

existence of any federally listed fish, 

wildlife, or plant species. All species 

included in the incidental take permit 

would receive assurances under our 

‘‘No Surprises’’ regulations (50 CFR 

17.22(b)(5) and 17.32(b)(5)). 

The applicant has applied for the 

renewal of their permit for incidental 

take for the threatened coastal California 

gnatcatcher. The potential taking would 

occur by activities associated with the 

construction of a commercial 

development (as defined in the HCP) in 

an area that supports suitable habitat for 

the covered species. The project is 

located on an approximately 62-acre 

property in Monterey Park, Los Angeles 

County, California. An incidental take 

permit was first issued for the HCP on 

February 6, 2017, and will expire on 

February 6, 2022. 

Public Availability of Comments 

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 may 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 ESA (16 U.S.C. 1539) and 

NEPA regulations at 40 CFR 1506.6. 

Scott Sobiech, 

Field Supervisor, Carlsbad Fish and Wildlife 

Office, Carlsbad, California. 

[FR Doc. 2022–08634 Filed 4–21–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[223A2100DD/AAKC001030/ 

A0A501010.999900] 

Indian Gaming; Approval of TribalState Class III Gaming Compact in the 

State of South Dakota 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

approval of the Amendment to the 

Gaming Compact (Amendment) between 

the Standing Rock Sioux Tribe (Tribe) 

and the State of South Dakota (State). 

DATES: The Amendment takes effect on 

April 22, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Paula L. Hart, Director, Office of Indian 

Gaming, Office of the Deputy Assistant 

Secretary—Policy and Economic 

Development, Washington, DC 20240, 

paula.hart@bia.gov, (202) 219–4066. 

SUPPLEMENTARY INFORMATION: Under 

section 11 of the Indian Gaming 

Regulatory Act (IGRA), Public Law 100– 

497, 25 U.S.C. 2701 et seq., the 


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24194 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Notices 

Secretary of the Interior shall publish in 

the Federal Register notice of approved 

Tribal-State compacts for the purpose of 

engaging in Class III gaming activities 

on Indian lands. As required by 25 CFR 

293.4, all compacts and amendments are 

subject to review and approval by the 

Secretary. The Amendment permits the 

Tribe to operate sports wagering within 

the Standing Rock Sioux Reservation, 

defines terms for sports wagering and 

requires the Tribe to meet or exceed 

South Dakota’s hardware and software 

specifications. The Amendment is 

approved. 

Wizipan Garriott, 

Principal Deputy Assistant Secretary—Indian 

Affairs, Exercising by delegation the authority 

of the Assistant Secretary—Indian Affairs. 

[FR Doc. 2022–08652 Filed 4–21–22; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

[NPS–WASO–CRPS–NPS0033332; 

PPWOCRADI0, PPMRSCR1Y.Y00000, 

P103601 (222); OMB Control Number 1024– 

0271] 

Agency Information Collection 

Activities; Gathering of Certain Plants 

or Plant Parts by Federally Recognized 

Indian Tribes for Traditional Purposes 

AGENCY: National Park Service, Interior. 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, we, 

the National Park Service (NPS) are 

proposing to renew an information 

collection. 

DATES: Interested persons are invited to 

submit comments on or before June 21, 

2022. 

ADDRESSES: Please provide a copy of 

your comments to the NPS Information 

Collection Clearance Officer (ADIR– 

ICCO), 12201 Sunrise Valley Drive, 

(MS–242), Reston, VA 20191 (mail); or 

phadrea_ponds@nps.gov (email). Please 

include ‘‘1024–0271’’ in the subject line 

of your comments. 

FOR FURTHER INFORMATION CONTACT: To 

request additional information about 

this information collection request (ICR) 

by mail, contact Dorothy FireCloud, 

Native American Affairs Liaison, 

National Park Service, 1849 C Street 

NW, Mail Stop 7360, Washington, DC 

20240; or by email at dorothy_

firecloud@nps.gov or by telephone at 

928–821–5831. Individuals in the 

United States who are deaf, deafblind, 

hard of hearing, or have a speech 

disability may dial 711 (TTY, TDD, or 

TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. You may 

also view the ICR at https://

www.reginfo.gov/public/do/PRAMain. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Paperwork 

Reduction Act of 1995, (PRA, 44 U.S.C. 

3501 et seq.) and 5 CFR 1320.8(d)(1), all 

information collections require approval 

under the PRA. We may not conduct or 

sponsor and you are not required to 

respond to a collection of information 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

As part of our continuing effort to 

reduce paperwork and respondent 

burdens, we invite the public and other 

Federal agencies to comment on new, 

proposed, revised, and continuing 

collections of information. This helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. It also 

helps the public understand our 

information collection requirements and 

provide the requested data in the 

desired format. 

We are especially interested in public 

comment addressing the following: 

(1) Whether or not the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether or not the 

information will have practical utility. 

(2) The accuracy of our estimate of the 

burden for this collection of 

information, including the validity of 

the methodology and assumptions used. 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected. 

(4) How might the agency minimize 

the burden of the collection of 

information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of response. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 

summarize each comment in our request 

to OMB to approve this ICR. 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 in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Abstract: Gathering and removing 

plants or plant parts is currently 

prohibited in National Park System 

areas unless specifically authorized by 

Federal statute or treaty rights or 

conducted under the limited 

circumstances authorized by an existing 

regulation codified in 36 CFR 2.1(c). 

Regulations codified in 36 CFR part 2 

allow the gathering and removal of 

plants or plant parts by enrolled 

members of federally recognized tribes 

for traditional purposes. The regulations 

authorize agreements between the NPS 

and federally recognized tribes to 

facilitate the continuation of tribal 

cultural practices on lands within areas 

of the National Park System where those 

practices traditionally occurred, without 

causing a significant adverse impact to 

park resources or values. The 

regulations: 

• Respect tribal sovereignty and 

cultural practices, 

• further the government-togovernment relationship between the 

United States and the Indian Tribes, and 

• provide system-wide consistency 

for this aspect of NPS-Tribal relations. 

The agreements explicitly recognize 

the special government-to-government 

relationship between the United States 

and Indian Tribes and are based upon 

mutually agreed upon terms and 

conditions subject to the requirements 

of 36 CFR 2.6(f). The agreements serve 

as the documents through which the 

NPS authorizes tribal gathering 

implemented by an accompanying 

permit authorized by 36 CFR 1.6. Only 

enrolled members of a federally 

recognized tribe are allowed to collect 

plants or plant parts, and the tribe must 

be traditionally associated with the 

specific park area. This traditional 

association must predate the 

establishment of the park. The plant 

gathering must meet a traditional 

purpose that is a customary activity and 

practice rooted in the history of the tribe 

and is important for the continuation of 

the tribe’s distinct culture. Authorized 

plant gathering must be sustainable and 

may not result in a significant adverse 

impact on park resources or values. The 

sale and commercial use of plants or 

plant parts within areas of the National 

Park System will continue to be 

prohibited by the NPS regulations in 36 

CFR 2.1(c)(3)(v). 

The information collections 

associated with 36 CFR part 2 include: 


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