Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18069

little effect on maritime commerce in

the area.

Small Entities

Under the Regulatory Act (5 U.S.C.

601 et seq.), the Coast Guard must

consider whether this proposal will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000. Because

it expects the impact of this proposal to

be minimal, the Coast Guard certifies

under 5 U.S.C. 605(b) that this proposal,

if adopted, will not have a significant

economic impact on a substantial

number of small entities. Therefore, the

Coast Guard certifies under 5 U.S.C.

605(b) that this proposal, if adopted,

will not have a significant economic

impact on a substantial number of small

entities. If, however, you think that your

business or organization qualifies as a

small entity and that this proposal will

have a significant economic impact on

your business or organization, please

submit a comment (see ADDRESSES)

explaining why you think it qualifies

and in what way and to what degree this

proposal will economically affect it.

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this proposal does not have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

Environment

The Coast Guard considered the

environmental impact of this proposed

regulation and concluded that, under

paragraph 2.B.2 of Commandant

Instruction M16475.1B (as revised by 59

FR 38654; July 29, 1994), this proposed

regulation is categorically excluded

from further environmental

documentation. Appropriate

environmental analysis of the Ivar’s

Fourth of July Fireworks Display will be

conducted in conjunction with the

marine event permitting process each

year. Any environmental documentation

required under the National

Environmental Policy Act will be

completed prior to the issuance of a

marine event permit for this event.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

Proposed Regulations

In consideration of the foregoing, the

Coast Guard proposes to amend Part 165

of Title 33, Code of Federal Regulations,

as follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A new section 165.1307 is added to

read as follows:

§ 165.1307 Elliott Bay, Seattle, WA.

(a) Location. The following area is a

safety zone: All portions of Elliott Bay

bounded by the following coordinates:

Latitude 47°37′22′′ N, Longitude

122°22′06′′ W; thence to Latitude

47°37′06′′ N, Longitude 122°21′55′′ W;

thence to Latitude 47°36′54′′ N,

Longitude 122°22′05′′ W; thence to

Latitude 47°36′09′′ N, Longitude

122°22′25′′ W; thence returning to the

origin. This safety zone resembles a

square centered around the barge from

which the fireworks will be launched

and begins 100 yards from the shoreline

of Myrtle Edwards Park. Floating

markers will be placed by the sponsor

of the fireworks display to delineate the

boundaries of the safety zone.

(b) Effective dates. These regulations

become effective annually on July fourth

from 9:30 p.m. to 11 p.m. unless

otherwise specified by Federal Register

notice.

(c) Regulation. In accordance with the

general regulations in § 165.23 of this

part, entry into this safety zone is

prohibited unless authorized by the

Captain of the Port, Puget Sound,

Seattle, WA.

Dated March 29, 1995.

R.K. Softye,

Captain, U.S. Coast Guard, Captain of the

Port Puget Sound.

[FR Doc. 95–8645 Filed 4–7–95; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

33 CFR Part 211

Excessing of Lands within the Fort

Berthold Reservation of the Three

Affiliated Tribes at Lake Sakakawea

and the Standing Rock Sioux Tribe

Reservation at Lake Oahe

AGENCY: Army Corps of Engineers, DOD.

ACTION: Proposed rule.

SUMMARY: The Corps of Engineers

proposes to expand its policy regarding

excess lands with Indian reservations.

This action flows from Congressional

intent expressed in Public Law 102–575,

language in Public Law 103–211

encouraging the Corps to proceed with

the Department of the Interior to

identify excess lands and transfer them

to the Tribes, the President’s polices

regarding Native Americans, and our

desire to give to the Tribes as much

interest in the project lands at Lakes

Sakakawea and Oahe as possible under

existing law. If approved, this policy

will enable the Corps to retain sufficient

real property interests in certain Corps

administered lands to fulfill project

purposes, yet declare certain other

interests in the lands excess to project

needs, thereby permitting eventual

transfer to the Department of Interior to

be held in trust for the Tribes.

DATES: Comments must be received on

or before July 10, 1995; dates for public

hearings will be announced to the

public at a later date.

ADDRESSES: Comments should be

mailed to U.S. Army Corps of Engineers

District, Omaha, ATTN: CEMRO-OP-TN

(Mike George), 215 North 17th Street,

Omaha, NE 68102–4978. Addresses for

public hearings will be announced to

the public at a later date.

FOR FURTHER INFORMATION CONTACT:

Mike George at (402) 221–3988.

SUPPLEMENTARY INFORMATION:

Background

As part of the Garrison Diversion Unit

Commission, authorized by P.L. 98–360,

the Joint Tribal Advisory Committee

(JTAC) was formed for the purpose of

assessing impacts to the Three Affiliated

Tribes (TAT) of the Fort Berthold

Reservation and the Standing Rock

Sioux Tribe (SRST) resulting from the

construction of the Garrison Dam/Lake

Sakakawea Project and the Oahe Dam

and Lake Project. In its

recommendations, the JTAC stated that
18070 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules

some former Indian lands should be

returned to the tribes.

The criteria used by the JTAC in

identifying lands for return to the tribes

was based on a contour elevation which

approximated the reservoir maximum

operating pool. As recommended in the

Final Report of the Joint Tribal Advisory

Committee, the Omaha District

conducted a ‘‘Special Assessment of

Project Lands’’ with the intent of

identifying project lands which would

not have been acquired under current

acquisition criteria. The ruling guide

was the 1971 Joint Acquisition Policy

adopted by the Secretary of Army and

Secretary of Interior and recorded in 32

CFR 644.4 and 43 CFR part 8. As a

result of the Special Assessment, 7,583

acres at lake Sakakawea and 3,218 acres

at Lake Oahe were identified as lands

which would not have been acquired

under current acquisition criteria.

Further analysis found that even though

these lands would not have been

acquired under current acquisition

guidelines, some were nonetheless

currently committed to project purposes

such as recreation or fish and wildlife

management. Corps policy, as expressed

in Engineer Regulation (ER) 1130–2–

400, provides that lands which

otherwise would be excess (because

they do not fall within current

acquisition guidelines), but which are

committed to valid project purposes,

will not be declared excess. At Lakes

Sakakawea and Oahe, 1,692 and 2,832

acres, respectively, were so identified.

In addition, some lands were

encumbered by outgrants of interests in

the lands, such as leases and licenses.

In 1989, in accordance with the policy

expressed in ER 1130–2–400, the

Secretary of Army decided to exclude

the lands devoted to recreation or

wildlife purposes, but to otherwise

transfer the balance (5,891 acres at Lake

Sakakawea and 386 acres at Lake Oahe).

A report of excess was completed and

the property was transferred to the GSA

which, in turn, transferred it to the

Department of the Interior to be held in

trust for the tribes in accordance with

P.L. 93–599. P.L. 93–599 provides that

excess federal lands within the

reservation boundaries of a federallyrecognized tribe be transferred to the

Department of the Interior to be held in

trust for that tribe. The TAT accepted

the transfer of 5,878.25 acres at Lake

Sakakawea (the 5,891 acre figure

mentioned above was adjusted and

refined when property descriptions

were prepared), the SRST, however,

rejected the transfer of 386 acres at Lake

Oahe. The transfer to the TAT was

completed in July, 1992.

On October 30, 1992, the President

signed the ‘‘Reclamation Project

Authorization and Adjustment Act’’

(P.L. 102–575) into law. Title XXXV of

this Law, ‘‘The Three Affiliated Tribes

and Standing Rock Sioux Tribe

Equitable Compensation Act’’ (106 Stat.

4731), specified that administrative

jurisdiction over all lands above a

specific contour (more or less the

reservoir maximum operating pool)

would be transferred from the Army to

the Department of the Interior. Interior

was then required to offer the former

owners or their heirs (including tribal

members, individual allottees, and nonIndians) a right to repurchase these

lands. Any lands not repurchased were

to be offered to the Tribes for purchase.

The Army attempted to transfer

administrative jurisdiction over the

property to the Department of Interior in

October 1993, but the Department of

Interior did not formally accept the

transfer. The land transfer provisions of

the Equitable Compensation Act were

repealed on February 12, 1994 as part of

the California Earthquake Emergency

Appropriations Act (section 407 of

Public Law 103–211). Legislative history

cited excessive costs of the proposed

transfer as the reason for the repeal.

The repeal of the land transfer

provisions of the equitable

Compensation Act included a proviso

that ‘‘the U.S. Army Corps of Engineers

should proceed with the Secretary of

Interior to designate excess lands and

transfer them pursuant to Public Law

93–599.’’ Again, P.L. 93–599 envisions

the transfer of excess Federal lands

within Indian reservations to the

Department of the Interior to hold in

trust for the tribes.

As indicated, the Corps had

determined previously that application

of the existing excessing policy, as

expressed in ER 1130–2–400, would not

result in designation of additional

excess lands. Because of the expression

of congressional intent found in Public

Laws 102–575 and 103–211, and the

great public interest in this issue, the

Assistant Secretary of the Army

(ASA(CW)) decided to look again at this

issue and to determine whether a new

policy could be developed that would

take into account the competing

interests, and allow us to declare certain

interests in real estate not necessary for

project purposes to be excess.

Based on input from the North and

South Dakota congressional delegations,

state government, the Tribes, special

interest groups, the public and others,

the Office of the ASA(CW) developed

proposed criteria for excessing certain

interests in land for purposes of further

public discussion. Under this concept,

the Corps would retain only such

interests in lands as are necessary for

project purposes and transfer the

remaining interests to GSA for ultimate

disposition to the Department of the

Interior for the benefit of the Tribes. In

identifying the lands that could be

transferred, the following criteria/factors

would be considered: (1) Investments

made by others in the property; (2) the

need to maintain access to public and

private land; (3) the need to maintain

municipal and rural water supply

systems; (4) precedential implications.

Furthermore, the Office of the ASA(CW)

proposed that only lands acquired from

the SRST and TAT should be

considered for excessing.

Public Input

The ASA(CW) held public meetings

in North and South Dakota in June of

1994 to solicit public input on the

proposed criteria. Written input was

also solicited and received. A Summary

of Public Input can be examined. A

general discussion of the public input

follows:

Most commentors, whether they

favored or disfavored the proposed

action, urged more public and state

government participation in this effort,

and encouraged an open process.

Many commentors expressed

concerns regarding continued access to

shoreline for recreation purposes and

grazing. Many commentors also noted

concerns regarding existing recreation

areas. Some of these commentors

expressed the view that recreation areas

should remain in government hands to

guarantee continued public use.

Some commentors stated that lands

on which the government had expended

tax dollars should remain open to the

public. Others stated their desire that

lands on which private investments

have been made should be withheld

from transfer, even though those lands

were merely leased from the Corps.

Many commentors stated that the

repeal of the Equitable Compensation

Act was a broken promise to the

Indians. Many also expressed the need

for the government to redress the

flooding of Indian communities when

the projects were built. Some

commentors noted that the interests or

investments of lessees on Corps lands

should not be protected in perpetuity,

because those interests are, by nature,

only temporary.

Many commentors stated that lands

should be returned to non-Indian former

owners also.

Some commentors were concerned

that this action would increase existing

jurisdictional confusion. Other
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Proposed Rules 18071

commentors questioned the

precedential implications of this action.

Test

As a result of the public input

received, the ASA(CW) determined that

the proposed criteria were appropriate,

but that they should be tested by

practical application. Corps

headquarters directed the Omaha

District to randomly sample 10 parcels

of former tribal land at Lake Oahe and

Lake Sakakawea an apply the four

criteria/factors mentioned above to each

parcel to illustrate, by example, the

effect of implementing this policy.

The Omaha District selected 10

sections (one square mile) of land at

each reservoir that contained former

tribal lands. Once the sections were

chosen, a map was prepared showing

the relationship of the former tribal land

to all other project lands within that

section.

Applying a 2.5 acre blockout using

close tangents above the contour of the

maximum operating pool, parcels were

identified which could be considered

candidates for transfer. Each of these

former tribal tracts were then

inventoried, and the four mentioned

criteria were applied to the candidate

transfer parcels. A matrix was prepared

for the purpose of summarizing the

parcels and providing a basis for

comparison.

The findings of this study indicate

that along the 828 miles of shoreline at

lake Sakakawea, using these criteria,

there would be less than 800 acres

available for excess. The findings at

Lake Oahe indicate that along the 265

miles of shoreline less than 1,600 acres

would be available for excess.

Depending on the application of the

above mentioned criteria, these numbers

will likely be less.

The results of the study, as well as the

maps prepared for the study, are on file

at the Omaha District office, and may be

examined.

Conclusion

After reviewing and considering the

public input received and upon

examining the results of this study, the

Acting Assistant Secretary of the Army

(Civil Works), in consultation with the

Commander, U.S. Army Corps of

Engineers, Missouri River Division and

the Commander, U.S. Army Corps of

Engineers, Omaha District, determined

that the three of the four proposed

criteria were valid criteria/factors that

should be considered in determining

which lands could be declared excess at

Lakes Sakakawea and Oahe. The fourth

criterion, ‘‘consider precedential

implications,’’ was deemed unnecessary

since this rule is limited to Corps lands

within the Standing Rock Sioux

Reservation and the Fort Berthold

Reservation of the Three Affiliated

Tribes and does not apply to other

Corps projects. Also, the ASA(CW)

determined that it would be appropriate

and desirable to consider all former

trust lands, allotted as well as tribal, for

excessing for the following reasons:

Inclusion of all trust lands is consistent

with the manner in which lands were

acquired for the project, and it creates

more manageable land units for both the

tribe and the Corps of Engineers.

Further, including all former trust lands

would be consistent with congressional

intent.

Public Participation

Dates and addresses for public

meetings will be announced at a later

date.

Although this document is a notice of

proposed rulemaking that solicits public

comment, the Corps of Engineers has

concluded that the regulations proposed

herein are interpretative and that the

notice and public procedure

requirements of 5 U.S.C. 553 do not

apply. Accordingly, these proposed

regulations do not constitute regulations

subject to the Regulatory Flexibility Act.

The requirements of Executive Order

No. 12291 do not apply to these

procedures. These regulations do not

constitute a ‘‘major rule within the

meaning of the Executive Order.’’

List of Subjects in 33 CFR Part 211

Claims, Flood control, Indian

reservations, Public lands, Real property

acquisition, Reservoirs, Rights-of-way,

Waterworks.

For the reasons set forth in the

preamble, the Corps of Engineers

proposes to amend 33 CFR Part 211, as

set forth below:

Part 211—Real Estate Activities of the

Corps of Engineers in Connection with

Civil Works Projects

1. The authority citation for § 211.148

is added to read as follows:

Authority: Section 211.148 issued under

40 U.S.C. 483, 486.

2. A new center heading and

§ 211.148 are added, to read as follows:

Excessing of Lands Within Indian

Reservations

§ 211.148 Excessing of lands within the

Fort Berthold Reservation of the Three

Affiliated Tribes at Lake Sakakawea and the

Standing Rock Sioux Tribe Reservation at

Lake Oahe.

For the projects at Lake Oahe and

Lake Sakakawea, interests in real estate

that are not required for project

purposes may be considered excess to

project purposes when:

(a) The lands lie within the external

boundaries of the Standing Rock Sioux

Tribe Reservation or the Fort Berthold

Reservation of the Three Affiliated

Tribes;

(b) The lands are former trust lands,

either allotted or tribal, acquired for the

project; and

(c) Appropriate interests in the lands

may be retained, or conditions imposed,

as are necessary to preserve the integrity

of legislatively authorized project

operations; provided:

(1) There has been no substantial

capital investment in the property

which cannot be recovered by the

investor prior to excessing;

(2) There will be no unreasonable

impact on access to public and private

land; and

(3) There will be no unreasonable

impact on municipal and rural water

supply systems.

Dated: March 23, 1995.

Approved:

Elizabeth L. Fagot,

Deputy Director of Real Estate.

[FR Doc. 95–8236 Filed 4–7–95; 8:45 am]

BILLING CODE 3710–62–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD-FRL–5182–6]

RIN 2060–AC19

National Emission Standards for

Hazardous Air Pollutants for Source

Categories: Organic Hazardous Air

Pollutants From the Synthetic Organic

Chemical Manufacturing Industry and

Other Processes Subject to the

Negotiated Regulation for Equipment

Leaks

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule: clarification.

SUMMARY: This action proposes

clarifying changes and corrections to

certain portions of the ‘‘National

Emission Standards for Hazardous Air

Pollutants from the Synthetic Organic

Chemical Manufacturing Industry and

Other Processes Subject to the

Negotiated Regulation for Equipment

Leaks’’ (collectively known as the

‘‘hazardous organic NESHAP’’ or the

‘‘HON’’). This action proposes to

remove three compounds (glycerol tri-

(polyoxypropylene)ether, polyethylene