52436 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 

agency, the Service is providing notice 

of the availability of the draft EIS/EIR, 

which evaluates the impacts of 

proposed issuance of the permit and 

implementation of the Plan, and as well 

as a reasonable range of alternatives. 

The draft EIS/EIR analyzes three 

alternatives in addition to the proposed 

Plan, described above. The proposed 

Plan is considered Conservation 

Strategy A (Alternative 1). The three 

alternatives are described below. 

The Conservation Strategy B 

Alternative (Alternative 2) would 

provide for the same size planning area, 

located entirely in eastern Contra Costa 

County, with the same preserve size as 

the proposed Plan, except that the 

location of the preserve would be 

modified. Modification of the preserve 

locations would result in increased 

protection of chaparral and cultivated 

agriculture and decreased protection of 

grassland. Conservation Strategy B 

would also involve less riparian 

restoration than the proposed Plan. 

Other elements of the proposed Plan 

would remain the same under 

Conservation Strategy B, including 

species and communities covered, 

conservation measures, monitoring and 

adaptive management, and 

implementation approach. 

Compared to the Proposed Plan, the 

Reduced Development Area Alternative 

(Alternative 3) would provide for a 

reduced level of take due to a reduced 

permit area. Existing open space or 

agricultural lands within the ULL that 

are not currently designated for 

development would be conserved. 

Under this alternative, the permit area 

would be 9,330 acres. Other elements of 

the proposed Plan would remain the 

same under the Reduced Development 

Area Alternative, including species and 

communities covered, conservation 

measures, monitoring and adaptive 

management, and implementation 

approach. 

Under the No-Action/No-Project 

alternative (Alternative 4), the proposed 

Plan would not be adopted, and permits 

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

Act and Section 2835 of the NCCPA 

would not be issued by the Service and 

California Department of Fish and 

Game, respectively. Compliance with 

the Federal and California ESAs would 

continue to be addressed on a case-bycase basis. 

Public Comments 

The Service and Association invite 

the public to comment on the draft Plan, 

draft EIS/EIR, and draft Implementing 

Agreement during a 90-day public 

comment period beginning on the date 

of this notice. The comment period is 

opened for 90 days to eliminate the 

need for an extension subsequent to the 

close of the comment period. All 

comments received, including names 

and addresses, will become part of the 

administrative record and may be made 

available to the public. 

The Service will evaluate the 

application, associated documents, and 

comments submitted to them to prepare 

a final EIS/EIR. A permit decision will 

be made no sooner than 30 days after 

the publication of the final EIS/EIR and 

completion of the Record of Decision. 

This notice is provided pursuant to 

section 10(a) of the Federal ESA and 

Service regulations for implementing 

NEPA, as amended (40 CFR 1506.6). We 

provide this notice in order to allow the 

public, agencies, or other organizations 

to review and comment on these 

documents. 

Dated: August 17, 2005. 

Ken McDermond, 

Deputy Manager, California/Nevada 

Operations Office, Sacramento, CA. 

[FR Doc. 05–16899 Filed 9–1–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[MT–030–1320–EL, NDM91535] 

Notice of Availability of Coal Lease 

Final Environmental Impact Statement, 

North Dakota 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Availability (NOA) of 

a Final Environmental Impact Statement 

(FEIS) on a Coal lease application 

received for Federal coal tracts in the 

West Mine Area, Freedom Mine, Mercer 

County, North Dakota; NDM91535. 

SUMMARY: Under the National 

Environmental Policy Act (NEPA); 

provisions in the Mineral Leasing Act of 

1920, as amended (30 U.S.C. 181 et 

seq.); implementing regulations and 

other applicable statutes the Bureau of 

Land Management (BLM) announces the 

availability of the Federal coal leasing 

FEIS. 

The FEIS analyzes the impacts of 

issuing a Federal coal lease within the 

West Mine Area of the Freedom Mine, 

located in Mercer County, North Dakota, 

and includes 5571 acres of Federal coal. 

DATES: Written comments on the FEIS 

will be accepted for 30 days following 

the date that the Environmental 

Protection Agency (EPA) publishes their 

NOA of the FEIS in the Federal 

Register. The BLM will notify all parties 

on the EIS mailing list of the dates when 

comments will be accepted. 

ADDRESSES: Please address questions, 

comments, or concerns to the North 

Dakota Field Office, Bureau of Land 

Management, Attn: Allen J. Ollila, 2933 

Third Avenue West, Dickinson, North 

Dakota 58601–2619, fax them to (701) 

227–8510, or send e-mail comments to 

the attention of Allen J. Ollila at 

mtndfo@blm.gov. Copies of the FEIS are 

available for public inspection at local 

public libraries and at the following 

BLM office locations: External Affairs 

Office, Montana State Office, 5001 

Southgate Drive, Billings, MT 59107; 

North Dakota Field Office, 2933 Third 

Avenue West, Dickinson, ND 58601–

2619. 

FOR FURTHER INFORMATION CONTACT: 

Allen J. Ollila or Lonny R. Bagley at the 

above address or telephone: (701) 227–

7700. 

SUPPLEMENTARY INFORMATION: On 

January 16, 2002, Coteau filed an 

application with BLM to lease Federal 

coal deposits beneath private surface at 

the following locations: 

NDM91535 

T. 144 N., R. 88 W., 5th P.M. 

Sec. 2: Lots 3, 4, S1⁄2NW1⁄4

Sec. 4: Lots 1, 2, S1⁄2NE1⁄4, S1⁄2

Sec. 6: All 

Sec. 8: N1⁄2NE1⁄4, SE1⁄4NE1⁄4, NW1⁄4, 

N1⁄2SW1⁄4

T. 144 N., R. 89 W., 5th P.M. 

Sec. 12: E1⁄2

T. 145 N., R. 88 W., 5th P.M. 

Sec. 4: Lots 1, 2, 3, 4, S1⁄2N1⁄2, SE1⁄4, 

S1⁄2SW1⁄4

Sec. 10: N1⁄2

Sec. 14: All 

Sec. 22: All 

Sec. 26: N1⁄2NE1⁄4, SW1⁄4NE1⁄4, NW1⁄4SE1⁄4, 

W1⁄2

Sec. 28: E1⁄2NE1⁄4, SW1⁄4NE1⁄4, SE1⁄4NW1⁄4, 

S1⁄2

Sec. 34: N1⁄2N1⁄2, SE1⁄4NE1⁄4, E1⁄2SE1⁄4, 

SW1⁄4SE1⁄4, SW1⁄4

Containing 5,571 acres (more or less), 

Mercer County, North Dakota. 

The Federal coal tract being 

considered for leasing is in the West 

Mine Area of the Freedom Mine, located 

north and west of Beulah, North Dakota. 

The operator (Coteau Properties 

Company) of this mine applied to lease 

the tract as a maintenance tract, to 

extend the life of their existing mining 

operation under the provisions of the 

Leasing By Application regulations at 43 

CFR 3425. 

Private & State coal reserves within 

the West Mine Area currently have an 

approval to mine, and a reclamation 

plan from the Public Service 

Commission, State of North Dakota. 

Coteau Properties Company also has an 

approved air quality permit for 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52437 

operations at the Freedom Mine. The 

Draft Environmental Impact Statement 

(DEIS) was available for public review 

from April 30, 2004, to June 29, 2004. 

The EPA and the BLM each published 

a Notice of Availability in the Federal 

Register on April 30 and May 7, 2004, 

respectively. A formal public hearing on 

this application was held pursuant to 43 

CFR 3425.4 on Wednesday June 23, 

2004, at the Heritage Center, Bismarck, 

North Dakota. The purpose of the 

hearing was to solicit public comments 

on the DEIS, the fair market value, the 

maximum economic recovery, and the 

proposed competitive sale of coal 

included in the proposed tract. Three 

public meetings were also held on 

Tuesday June 1, 2004, at 4 Bears Casino 

& Lodge, New Town, North Dakota; on 

Wednesday June 2, 2004, at the Civic 

Center, Beulah, North Dakota; and on 

Thursday June 3, 2004, at Prairie 

Knights Casino & Lodge, Fort Yates, 

North Dakota. The purpose of the 

meetings was to present the DEIS to the 

public and to solicit comments 

regarding the DEIS. The 60-day 

comment period on the DEIS ended on 

June 29, 2004. All comments were 

considered during the preparation of the 

final EIS. 

The draft and final EIS analyze 

leasing the tract as applied for. To avoid 

bypassing coal or to increase 

competitive interest in the unleased 

Federal coal in this area, BLM identified 

and evaluated other tract configurations. 

The tract configuration that BLM has 

identified as the preferred configuration 

is described and analyzed as alternative 

C in the EIS. The EIS also analyzes the 

alternative of rejecting the application to 

lease Federal coals (the No Action 

Alternative). 

To protect cultural values a small 

portion of Federal coal was bypassed. 

This preferred alternative was selected 

in consultation with American Indian 

Tribes. The Proposed Actions and 

Alternatives that are considered in the 

EIS are in conformance with the 

‘‘Approved Resource Management Plan 

for Public Lands Administered by the 

Bureau of Land Management North 

Dakota Field Office’’ (1987). 

The Office of Surface Mining 

Reclamation and Enforcement (OSM) is 

a cooperating agency in the preparation 

of this EIS. If the tract is leased as a 

maintenance tract, the new lease must 

be incorporated into the existing mining 

and reclamation plan for the Freedom 

Mine and the Secretary of the Interior 

must approve each revision to the MLA 

(Mineral Leasing Act) mining plan for 

the mine before the Federal coal can be 

mined. OSM is the Federal agency that 

would be responsible for recommending 

approval, approval with conditions, or 

disapproval of the revised MLA mining 

plan to the office of the Secretary of the 

Interior if these tracts are leased. 

A Record of Decision (ROD) will be 

prepared for the LBA tract being 

considered for leasing. Comments 

received on the FEIS will be considered 

during preparation of the ROD. 

Comments, including names and street 

addresses of respondents, will be 

available for public review at the Bureau 

of Land Management, North Dakota 

Field Office, 2933 Third Avenue West, 

Dickinson, North Dakota, during regular 

business hours (8 a.m. to 4:30 p.m.), 

Monday through Friday, except 

holidays. 

[Individual respondents may request 

confidentiality. If you wish to withhold 

your name or street address from public 

review or from disclosure under the 

Freedom of Information Act, you must 

state this prominently at the beginning 

of your written comment. Such requests 

will be honored to the extent allowed by 

law. 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 inspection in 

their entirety.] 

Karen A. Wolf, 

Acting Field Manager. 

[FR Doc. 05–17502 Filed 9–1–05; 8:45 am] 

BILLING CODE 4310–$$–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[AZ 422–1610–DO–090A–241E] 

Notice of Intent To Prepare the San 

Pedro Riparian National Conservation 

Area and Tucson Resource 

Management Plan and Environmental 

Impact Statement 

AGENCY: Bureau of Land Management, 

Department of the Interior. 

ACTION: Notice of intent. 

SUMMARY: The Bureau of Land 

Management (BLM) Field Office, 

Tucson, Arizona intends to prepare a 

Resource Management Plan and 

Environmental Impact Statement (RMP/ 

EIS) for the San Pedro Riparian National 

Conservation Area and Tucson planning 

effort. When approved, the RMP will 

replace those portions of the existing 

Phoenix Resource Management Plan 

(1989) and Safford District Resource 

Management Plan (1992, 1994) within 

the Tucson Field Office administrative 

boundary. 

DATES: The scoping period commences 

with the publication of this notice and 

will continue for at least 60 days. Public 

meetings will be held approximately 

late 2005 to early 2006. All public 

meetings will be announced through the 

local media, newsletters, and the BLM 

Web site (http://www.az.blm.gov) at 

least 15 days prior to the first meeting 

(the Web site availability is subject to 

change). Public notice will be provided 

specifying the date, time, and location 

that the meetings will occur and include 

notification of when the scoping period 

will close and when comments are due. 

Formal opportunities for public 

participation will be provided upon 

publication of the Draft RMP/EIS. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Web Site: http://www.az.blm.gov 

(subject to change). 

• E-mail: AZ_TucsonRMP@blm.gov. 

• Fax: (520) 258–7238. 

• Mail: Tucson Field Office, 12661 

East Broadway, Tucson, Arizona 85748–

7208. 

Documents pertinent to this proposal 

may be examined at the Tucson Field 

Office upon request. Public comments, 

including names and street addresses of 

respondents, will be available for public 

review at Bureau of Land Management, 

12661 East Broadway, Tucson, Arizona 

85748 during regular business hours 

(7:30 a.m. to 4 p.m.), Monday through 

Friday, except holidays. Individual 

respondents may request 

confidentiality. If you wish to withhold 

your name or street address from public 

review or from disclosure under the 

Freedom of Information Act, you must 

state this prominently at the beginning 

of your comments. Such requests will be 

honored to the extent allowed by law. 

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 inspection in 

their entirety. 

FOR FURTHER INFORMATION CONTACT: 

Linda Marianito, Planning and 

Environmental Coordinator, (520) 258–

7241, or e-mail 

Linda_Marianito@blm.gov. 

SUPPLEMENTARY INFORMATION: This 

document provides notice that the BLM 

Field Office, Tucson, Arizona intends to 

prepare a Resource Management Plan 

and Environmental Impact Statement 

(RMP/EIS) for the San Pedro Riparian 

National Conservation Area and Tucson 

planning effort. 

The two planning areas, the San 

Pedro RNCA and the Tucson Field