7786 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Notices

the Act and National Environmental

Policy Act regulations (40 CFR 1506.6).

DATES: Written comments on the habitat

conservation plan, permit application,

and environmental assessment must be

received within 30 days of the date of

this publication.

ADDRESSES: Requests for any of the

above documents and comments or

materials concerning them should be

sent to the Assistant Field Supervisor,

Fish and Wildlife Service, 145 East 1300

South, Suite 404, Salt Lake City, Utah

84115. The documents and comments

and materials received will be available

for public inspection, by appointment,

during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT:

Robert D. Williams, Assistant Field

Supervisor (See ADDRESSES above)

(telephone (801) 524–5001, facsimile

(801) 524–5021).

SUPPLEMENTARY INFORMATION: Section 9

of the Endangered Species Act (Act) of

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

seq.), prohibits the ‘‘taking’’ of any

threatened or endangered species,

including the desert tortoise. However,

the Fish and Wildlife Service (Service),

under limited circumstances, may issue

permits to take threatened and

endangered wildlife species if such

taking is incidental to, and not the

purpose of, otherwise lawful activities.

Regulations governing permits for

threatened and endangered species are

at 50 CFR 17.22.

The Heritage Arts Foundation, a

nonprofit foundation, is currently

constructing the Tuacahn School and

Performing Arts Center (Tuacahn

Center) on an 80-acre parcel in Padre

Canyon in the city of Ivins, Washington

County, Utah. There is a 2.1 kilometer

(1.3 mile) graded access road to the

Tuacahn Center that was constructed 2

years ago. The access road and the

Tuacahn Center site are known to be

inhabited by the desert tortoise, a

threatened species.

Development of the Tuacahn Center

site and access road has occurred over

the last several years without formal

section 7 consultation or a section

10(a)(1)(B) incidental take permit under

the Act. In a December 24, 1991, letter

to the Applicant regarding a desert

tortoise ‘‘presence or absence’’ survey of

the site for the Tuacahn Center, the

Service noted that the survey did not

find concrete evidence that desert

tortoises inhabited the site proposed for

development. No live desert tortoises,

cover sites (such as dens and burrows),

or tracks were found. The Service

further stated in the letter that due to

the proximity of the desert tortoise in

the project area there would always be

the chance that one or more individuals

could move onto the property that was

to be developed or construction

activities may impact active tortoise

habitat. Additionally, the Service stated

that if a tortoise was found on the

property at any time, all construction

and any other activity that may harm

the animal should stop and the Service’s

Salt Lake City Office be notified

immediately. At that time the Service

would determine the best course of

action. A surveyor was contracted by

the Applicant to complete a desert

tortoise ‘‘presence or absence’’ survey

along the then-proposed access road,

but the road was constructed before the

survey was started and the surveyor

decided not to conduct the survey.

Therefore, a desert tortoise ‘‘presence or

absence’’ survey was conducted only on

the Tuacahn Center site and not on the

access road.

Two desert tortoises were found dead

in 1994 on the access road, crushed by

construction vehicles. As agreed to in a

Stipulated Settlement (Agreement)

between the Applicant and the U.S.

Department of Justice dated August 17,

1994, the Applicant prepared a habitat

conservation plan and applied for an

individual section 10(a)(1)(B) incidental

take permit from the Service. The

habitat conservation plan addresses the

further improvement and continued use

of the Tuacahn Center access road. The

Applicant prepared an environmental

assessment as part of the permit

application.

The Applicant considered two other

alternatives—a no action alternative and

an alternate access road location

alternative. The Applicant rejected the

no action alternative because a habitat

conservation plan would not be pursued

and no section 10(a)(1)(B) incidental

take permit would be issued. This

would violate the Agreement signed by

the Applicant and the Justice

Department. In addition, the road has

already been constructed and the

Tuacahn Center is 90 percent

completed. Vehicle use of the road

continues and is expected to increase

once the Tuacahn Center opens.

Without a section 10(a)(1)(B) permit, a

risk of further unauthorized take of

desert tortoises is possible. The second

alternative that was considered and

rejected was to move the access road to

further minimize potentially adverse

impacts to the desert tortoise. The

current location of the access road

crosses an area of continuous desert

tortoise habitat, yet it is economically

feasible to construct underneath

crossings in a small area. A possible

alternate location would be to move the

access road’s intersection with Snow

Canyon Road to the north at the base of

the talus slope up the mouth of Padre

Canyon. Taking the access road along

the base of the cliffs would impact a

much larger area crossed by tortoises

and impact other candidate species such

as the chuckwalla (Sauromalus obesus)

and gila monster (Helorderma

suspectum).

Since 1991, the Washington County

Commission has been developing a

regional habitat conservation plan and

section 10(a)(1)(B) permit application

for take of desert tortoise in Washington

County for the Upper Virgin River

Recovery Unit. When finalized, this

proposed regional habitat conservation

plan will incorporate the Tuacahn

Center project area and access road. The

proposed Washington County regional

habitat conservation plan is expected to

be released by June 1995.

Authority

The authority for this action is the

Endangered Species Act of 1973, as

amended (16 U.S.C. 1531 et seq.) and

the National Environmental Policy Act

of 1969, as amended (42 U.S.C. 4321 et

seq.).

Dated: February 3, 1995.

Ralph O. Morgenweck,

Regional Director, Denver, Colorado.

[FR Doc. 95–3244 Filed 2–8–95; 8:45 am]

BILLING CODE 4310–55–M

Minerals Management Service

Availability of Outer Continental Shelf

Official Protraction Diagrams

AGENCY: Minerals Management Service,

Interior.

ACTION: Notice of availability of revised

Outer Continental Shelf Official

Protraction Diagrams (OPD’s).

SUMMARY: Notice is hereby given that

effective with this publication, the

following revised outer continental shelf

(OCS) Official Protraction Diagrams

(OPD’s) for the Cook Inlet/Shelikof

Strait area are on file and available in

the Alaska OCS Region office,

Anchorage, Alaska. They reflect

revisions to previously published OPD’s

to correct a computational problem

occurring along the UTM Zone

Boundary. These OPD’s should be used

for the Offshore Program within the

Cook Inlet/Shelikof Strait area.

Description Date

NO 04–06, Ugashik ........ January 4, 1995.

NO 05–02, Seldovia ........ January 4, 1995.
Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Notices 7787

Description Date

NO 05–04, Afognak ........ January 4, 1995.

NO 05–05, Karluk ........... January 4, 1995.

ADDRESSES: Copies of these OPD’s may

be purchased for $2.00 each from the

Minerals Management Service, Alaska

OCS Region, 949 East 36th Avenue,

Room 603, Anchorage, Alaska 99508–

4302, Attention: Library, (907) 271–

6435.

FOR FURTHER INFORMATION CONTACT:

Technical comments or questions

pertaining to these maps should be

directed to Leasing and Environment,

Chief, Leasing Activities Section, at the

address stated above, or at (907) 271–

6691.

Dated: January 30, 1995.

Judith C. Gottlieb,

Regional Director, Alaska OCS Region.

[FR Doc. 95–3167 Filed 2–8–95; 8:45 am]

BILLING CODE 4310–MR–M

National Biological Service

State Partnership Program

AGENCY: National Biological Service,

Interior.

ACTION: Notice.

SUMMARY: The National Biological

Service (NBS) is announcing the

availability of funds to States for

research, inventory and monitoring, and

the dissemination of information

relating to biological resources. This

program is intended to encourage and

reinforce cooperative working

relationships between NBS and the

States, and among States and their

agencies. It is anticipated that the

resulting cooperation and collaboration

will produce and make available more

and better biological information at less

cost by leveraging public funds for

greater efficiency.

DATES: Materials concerning this

program, proposals, and applications for

Federal assistance must be received by

March 22, 1995. Decisions on the

proposals will be made in April 1995.

ADDRESSES: Proposals should be sent to

the National Biological Service State

Partnership Program; Mail Stop 3070–

MIB, 1849 C Street NW., Washington,

DC 20240.

FOR FURTHER INFORMATION CONTACT: Ms.

Mary Anne Young, Mail Stop 3070–

MIB, 1849 C Street NW., Washington,

DC 20240, telephone 202–482–3188, or

on internet as YoungM@Mail.fws.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

The NBS is developing a multidimensional State Partnership Program

intended to build upon relationships

between States and the Department of

the Interior (DOI) bureau elements that

have been transferred to NBS with the

goals of (1) fostering collaborative efforts

within and between States to increase

the availability of sound ecological and

biological science to decisionmakers; (2)

producing information and products

regarding biological and ecological

resources useful for decisionmaking to

all levels of government and the private

sector; (3) promoting more efficient use

of both NBS and State funding by

fostering collaboration, and (4)

promoting overall closer relationships

with the States. This program is

conducted in furtherance of the

Secretary’s obligations under the Fish

and Wildlife Act of 1956 (16 U.S.C.

742a-j) and the Fish and Wildlife

Coordination Act (16 U.S.C. 661–667e).

NBS solicits applications for project

funding.

B. Background

The NBS was created in November

1993, as an independent science bureau

in DOI. The Secretary of the Interior

issued Order No. 3185 on January 5,

1995, changing the name of ‘‘the

National Biological Survey’’ to ‘‘the

National Biological Service’’ to more

accurately reflect the mission of the

agency. Sec. 6.b. of Order No. 3185

reads: ‘‘States have significant resource

management responsibilities, including

species other than those entrusted to the

Federal Government. Also, they hold

much of the information necessary to

understand important resource issues.

The NBS will work with States to

understand the biological resource

issues and share data, working with

them to establish common protocols and

standards for data collection, analysis,

and dissemination.’’

The National Academy of Sciences

(NAS) 1993 report on the NBS, A

Biological Survey for the Nation, stated

that effective conservation and

protection of the Nation’s resources

depended on strong partnerships

between Federal and State agencies. The

NBS concurs strongly and seeks to

expand its interactions with States. A

key to NBS success is the development

of close collaboration between NBS and

States, and among various State

agencies.

States have diverse capabilities for

collecting data useful to a variety of

decisionmakers. Each State has legal

mandates for conserving and managing

its fish and wildlife resources for values

including cultural, aesthetic,

educational, scientific, economical, and

recreational. The NBS inherited

constructive working relationships with

States through the Cooperative Fish and

Wildlife Research Unit programs and a

wide variety of programs and projects at

the Fish and Wildlife Research Centers

now generally referred to as Science

Centers—and other field units. NBS

therefore is keenly aware of the array of

biological information and expertise

available from State agencies, and how

many of their missions and goals

correlate well with NBS programs.

C. Availability of Funds

The NBS is inviting State agencies

and institutions whose primary focus is

on natural resources to submit

applications for funding for Fiscal Year

1995. The total funding available for

Fiscal Year 1995 is $600,000. These

monies will be provided to successful

applicants on a competitive basis. In

order to maximize the number of States

able to participate, there is no minimum

project cost. The maximum project cost

will be $150,000. Proposals showing

matching funds and in-kind

contributions are encouraged as are

proposals that are submitted as

collaborative projects among State

entities or involving two or more States.

D. Eligibility Requirements

Any agency or instrumentality of the

several States, The District of Columbia,

and all Territories, Possessions and

Commonwealths of the United States,

that conducts natural resource

identification, monitoring, or research,

may apply.

E. Application Process

Any parties interested in obtaining

more information from the NBS State

Partnership program and/or information

on how to apply for available funds

should write to: The National Biological

Service, State Partnership Information

Request, Mail Stop 3070–MIB, 1849 C

Street NW., Washington, D.C. 20240,

Attn: Mr. Robin O’Malley; or Internet:

O’MalleyR@Mail.fws.gov

All requestors will receive an

information package with detailed

application instructions including the

proposal format, the criteria for funding,

the methods by which proposals will be

selected, a description of NBS programs

and priorities for FY 1995, a list of NBS

contacts for the specific areas, and an

Application for Federal Assistance

(Standard Form 424).