Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices 59769 

law. If you wish us to withhold your 

name and address, you must state this 

prominently at the beginning of your 

comments. We will not, however, 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

The Florida scrub-jay (scrub-jay) is 

geographically isolated from other 

species of scrub-jays found in Mexico 

and the western United States. The 

scrub-jay is found exclusively in 

peninsular Florida and is restricted to 

xeric uplands (well-drained, sandy soil 

habitats supporting a growth of oakdominated scrub). Increasing urban and 

agricultural development has resulted in 

habitat loss and fragmentation, which 

has adversely affected the distribution 

and numbers of scrub-jays. The total 

estimated population is between 7,000 

and 11,000 individuals. 

The decline in the number and 

distribution of scrub-jays in central 

Florida has been exacerbated by 

agricultural land conversions and urban 

growth in the past 50 years. Much of the 

historic commercial and residential 

development has occurred on the dry 

soils that previously supported scrubjay habitat. Based on existing soils data, 

much of the current scrub-jay habitat of 

central Florida occurs in what was once 

the coastal sand dunes created over the 

millennia due to rising and falling 

oceans. These ancient dunes are most 

prevalent from southern Highlands 

County north to Marion County. Much 

of this area of Florida was settled early 

because few wetlands restricted urban 

and agricultural development. Due to 

the effects of urban and agricultural 

development over the past 100 years, 

much of the remaining scrub-jay habitat 

is now relatively small and isolated. 

What remains is largely degraded, due 

to interruption of the natural fire regime 

that is needed to maintain xeric uplands 

in conditions suitable for scrub-jays. 

Residential construction would take 

place within Section 21, Township 16 

South, Range 21 East, Marion County, 

Florida. Surveys conducted by the 

Applicant indicated that scrub-jays 

occupied 93 of the 137 acres proposed 

to be developed as a residential 

community. The clearing of vegetation 

for infrastructure and home 

construction would destroy feeding, 

breeding, and sheltering habitat of the 

scrub-jay. 

The Applicant has not proposed to 

minimize impacts to scrub-jays at the 

proposed construction site because 

small, on-site scrub-jay preserves may 

actually harm scrub-jays by 

concentrating birds into an area where 

predators may attack them, increasing 

their susceptibility to collisions with 

automobiles, and increasing the 

incidence of competition with other 

more urban-adapted bird species. 

Instead of protecting habitat within the 

future residential community, the 

Applicant is proposing to acquire 158 

acres, of which 102 acres is considered 

suitable for scrub-jays. The U.S. Forest 

Service has tentatively agreed to accept 

fee title and management 

responsibilities for the 158 acres which 

would be acquired by the Applicant. 

Although the Forest Service must work 

through processes and procedures prior 

to accepting the land donation and 

agreeing to restoration and management 

of the tract, it does not anticipate any 

issues to arise that would prevent this 

from happening. In addition, the 

acquisition and subsequent transfer of 

fee title would allow the U.S. Forest 

Service access to an additional 87 acres 

it currently owns but has been unable to 

manage due to restricted access. 

In combination with the acquisition of 

the 158 acres described above, the 

Applicant proposes to contribute 

$366,758 to the Florida Scrub-jay 

Conservation Fund (Fund), 

administered by the National Fish and 

Wildlife Foundation (NFWF). Through 

an agreement between the Service and 

NFWF, scrub-jay mitigation funds 

deposited into the Fund are available for 

the conservation of Florida scrub-jays. 

Conservation efforts may include habitat 

acquisition, habitat restoration and 

habitat management. 

The Service has made a preliminary 

determination that the issuance of the 

ITP is not a major Federal action 

significantly affecting the quality of the 

human environment within the meaning 

of section 102(2)(C) of NEPA. This 

preliminary information may be revised 

due to public comment received in 

response to this notice and is based on 

information contained in the 

environmental assessment and HCP. 

The Service will evaluate the HCP 

and comments submitted thereon to 

determine whether the application 

meets the requirements of section 

10(a)(1)(B) of the Act. If it is determined 

that those requirements are met, the ITP 

will be issued for incidental take of the 

Florida scrub-jay. The Service will also 

evaluate whether issuance of the section 

10(a)(1)(B) ITP complies with section 7 

of the Act by conducting an intraService section 7 consultation. The 

results of this consultation, in 

combination with the above findings, 

will be used in the final analysis to 

determine whether or not to issue the 

ITP. 

Dated: September 27, 2005. 

Cynthia K. Dohner, 

Acting Regional Director. 

[FR Doc. 05–20500 Filed 10–12–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Notice of Meeting of the Trinity 

Adaptive Management Working Group 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of meeting. 

SUMMARY: Pursuant to section 10(a)(2) of 

the Federal Advisory Committee Act (5 

U.S.C. App), this notice announces a 

meeting of the Trinity Adaptive 

Management Working Group (TAMWG). 

The TAMWG affords stakeholders the 

opportunity to give policy, management, 

and technical input concerning Trinity 

River restoration efforts to the Trinity 

Management Council. Primary 

objectives of the meeting will include: 

History of restoration efforts on the 

Trinity River; Introduction to the Trinity 

River Restoration Program (TRRP); 

TAMWG priorities, procedures, 

organization, operations and interaction 

with other TRRP entities; and status of 

wildlife in TRRP policy and budget. 

Completion of the agenda is dependent 

on the amount of time each item takes. 

The meeting could end early if the 

agenda has been completed. The 

meeting is open to the public. 

DATES: The Trinity Adaptive 

Management Working Group will meet 

from 8:30 a.m. to 4 p.m. on Friday, 

November 4, 2005. 

ADDRESSES: The meeting will be held at 

the Weaverville Victorian Inn, 1709 

Main Street, Weaverville, CA 96093. 

Telephone: (530) 623–4432. 

FOR FURTHER INFORMATION CONTACT: 

Mike Long of the U.S. Fish and Wildlife 

Service, Arcata Fish and Wildlife Office, 

1655 Heindon Road, Arcata, California 

95521, (707) 822–7201. Mike Long is the 

working group’s Designated Federal 

Official. 

SUPPLEMENTARY INFORMATION: For 

background information and questions 

regarding the Trinity River Restoration 

Program, please contact Douglas 

Schleusner, Executive Director, Trinity 

River Restoration Program, P.O. Box 

1300, 1313 South Main Street, 

Weaverville, California 96093, (530) 

623–1800. 

59770 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices 

Dated: October 6, 2005. 

John Engbring, 

Manager, California/Nevada Operations 

Office, Sacramento, CA. 

[FR Doc. 05–20492 Filed 10–12–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Advisory Board for Exceptional 

Children 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, the 

Bureau of Indian Affairs announces that 

the Advisory Board for Exceptional 

Children will hold its next meeting in 

Albuquerque, New Mexico. The purpose 

of the meeting is to discuss the impact 

of the Individuals with Disabilities 

Education Improvement Act 

Amendments of 2004 on Indian 

children with disabilities. 

DATES: The Board will meet Tuesday, 

November 8, 2005, from 8 a.m. to 4:30 

p.m., Wednesday, November 9, 2005, 

from 8 a.m. to 4:30 p.m. and Thursday, 

November 10, 2005, from 8 a.m. to 12 

noon (MST). 

ADDRESSES: The meetings will be held at 

the Center for School Improvement, 500 

Gold Avenue SW., 7th Floor, 

Albuquerque, New Mexico. 

Written statements may be submitted 

to Mr. Edward F. Parisian, Director, 

Office of Indian Education Programs, 

Bureau of Indian Affairs, 1849 C Street, 

NW., MS–3512, Washington, DC 20240; 

Telephone (202) 208–6123; Fax (202) 

208–3312. 

FOR FURTHER INFORMATION CONTACT: 

Gloria Yepa, Supervisory Education 

Specialist, Special Education, Bureau of 

Indian Affairs, Office of Indian 

Education Programs, Center for School 

Improvement, PO Box 1088, 

Albuquerque, New Mexico 87103; 

Telephone (505) 248–7541. 

SUPPLEMENTARY INFORMATION: The 

Advisory Board for Exceptional 

Children was established to advise the 

Secretary of the Interior, through the 

Assistant Secretary–Indian Affairs, on 

the needs of Indian children with 

disabilities, as mandated by the 

Individuals with Disabilities Education 

Improvement Act Amendments of 2004, 

Public Law 108–446. 

The agenda for this meeting will cover 

public comments, new appointees, and 

new business: (1) Annual report 

including Office of Special Education 

Programs feedback, (2) comprehensive 

system of personnel development, (3) 

new organizational information, (4) 

procedures for complaint investigations, 

and (5) Elementary and Secondary 

Education Act. Meetings are open to the 

public. 

Dated: October 6, 2005. 

Michael D. Olsen, 

Acting Principal Deputy Assistant Secretary—

Indian Affairs. 

[FR Doc. 05–20523 Filed 10–12–05; 8:45 am] 

BILLING CODE 4310–6W–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Under 28 CFR 50.7, notice is hereby 

given that on September 26, 2005, a 

proposed Consent Decree in United 

States v. FTR, LP, et al., Civil Action No. 

04–CV–930 was lodged with the United 

States District Court for the District of 

South Carolina, Rock Hill Division. 

In this action, brought pursuant to 

Section 107 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act (‘‘the 

Act’’), 42 U.S.C. 9607, the United States 

sought reimbursement for response 

costs incurred by EPA at the Carolina 

Steel Drum Superfund Site (‘‘Site’’) 

located in Rock Hill, York County, 

South Carolina against twenty 

Defendants who, the United States 

alleges, arranged for disposal of 

hazardous substances at this Site. Under 

the decree, the five remaining 

Defendants in this action—ABB, Inc.; 

Bullington Family Partnership; Crown 

Metro Chemicals, Inc.; Eastman 

Chemical Company; and FTR, LP will 

make a collective payment of $1,450,000 

to resolve their liability for EPA costs 

incurred to clean up the Site. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed consent decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. FTR, LP et al., D.J. REF. 90–11–

2–07733. 

The proposed Consent Decree may be 

examined at the Office of the United 

States Attorney, District of South 

Carolina, 1441 Main Street, Suite 500, 

Columbia, South Carolina, 29201, and at 

U.S. EPA Region IV, Atlanta Federal 

Building, 61 Forsyth Street, Atlanta, 

Georgia 30303. During the public 

comment period, the proposed consent 

decree may also be examined on the 

following Department of Justice Web 

site: http://www.usdoj.gov/enrd/ 

open.html. A copy of the proposed 

consent decree may be obtained by mail 

from the Consent Decree Library, P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611 or by 

faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $5.25 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Ellen M. Mahan, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 05–20536 Filed 10–12–05; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Settlement 

Agreement Pursuant to the 

Comprehensive Environmental 

Response Compensation and Liability 

Act (‘‘CERCLA’’) 

Notice is hereby given that on 

September 27, 2005, a proposed 

Settlement Agreement in In re FV Steel 

and Wire, No. 04–22421, was lodged 

with the United States Bankruptcy 

Court for the Eastern District of 

Wisconsin. 

On August 19, 2004, the United 

States, on behalf of the Environmental 

Protection Agency (‘‘EPA’’), filed a Proof 

of Claim under Section 107(a) of the 

Comprehensive Environmental 

Response, Compensation, and Recovery 

Act, as amended (‘‘CERCLA’’), 42 U.S.C. 

9607(a), against the Debtor seeking 

recovery of $2,441,702 in past costs 

incurred by EPA in responding to the 

release or threat of release of hazardous 

substances at the Pascale Property Site 

(‘‘Site’’) in Washington Township, New 

Jersey. The Settlement Agreement 

provides that the United States will 

have an allowed general unsecured 

claim against the Debtor in the amount 

of $732,000, and that the United States 

Army will pay $1,098,765 in 

reimbursement of EPA’s response costs 

at the Site. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the