Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Notices 26201

Agreement in accordance with 24 CFR

8.56(j).

8. Issue a Letter of Determination

when no party to the complaint has

filed a timely request for review of the

Letter of Findings in accordance with 24

CFR 8.56(h)(4).

Section B. Authority Redelegated

The Assistant Secretary retains and

redelegates to the Deputy Assistant

Secretary for Enforcement and

Investigations all authority needed, in

conducting complaint investigations, to

act as ‘‘the responsible civil rights

official’’ to issue a Letter of

Determination when a party to the

complaint has filed a timely request for

review of the Letter of Findings in

accordance with 24 CFR 8.56(h).

Section C. Authority Redelegated

The Assistant Secretary retains and

redelegates to the Director of the Office

of Program Compliance and Disability

Rights, the Director of the Office of

Program Standards and Evaluation, and

the Directors of the Large Program

Operations and Compliance Centers, the

authority in conducting compliance

reviews to act as ‘‘the responsible civil

rights official’’ to:

1. Conduct compliance reviews in

accordance with 24 CFR 8.56(a).

2. Request, receive, and evaluate the

documents maintained by recipients in

accordance with 24 CFR 8.51(b).

3. Request, receive and evaluate

compliance reports submitted by

recipients and subrecipients in

accordance with 24 CFR 8.55(b).

4. Obtain access to sources of

information in accordance with 24 CFR

8.55(c).

5. Issue Letters of Findings and

Letters of Determination with regard to

compliance reviews conducted in

accordance with 24 CFR 8.56 (a) and (b).

6. Resolve a matter through informal

means at any stage of processing

through a Voluntary Compliance

Agreement, in accordance with 24 CFR

8.56(j).

Section D. Authority Redelegated

The Assistant Secretary retains and

redelegates, to the Directors of Small

Program Operations and Compliance

Centers, the authority to act as the

‘‘responsible civil rights official’’ to:

1. In order to determine compliance

with 24 CFR 8.25(c) with regard to

needs assessments, transition plans, and

extensions of time for the completion of

structural changes, conduct an

investigation pursuant to 24 CFR 8.56(a)

and issue a Letter of Findings.

2. In a matter involving compliance

with 24 CFR 8.25(c) with regard to

needs assessments, transition plans,

and/or extensions of time for the

completion of structural changes,

resolve the matter through informal

means at any stage of processing

through a Voluntary Compliance

Agreement in accordance with 24 CFR

8.56(j).

Section E. Limited Authority To Further

Redelegate

The authority redelegated, to the

Directors of the Fair Housing

Enforcement Centers, the Directors of

the Program Operations and Compliance

Centers, the Director of the Office of

Program Compliance and Disability

Rights, and the Director of the Office of

Program Standards and Evaluation,

under this redelegation may not be

further delegated except as specified in

this Notice. The Director, Office of

Program Compliance and Disability

Rights and the Director, Office of

Program Standards and Evaluation may

jointly redelegate in writing to the

Directors of the Small Program

Operations and Compliance Centers all

authority specified under Section C,

above, to conduct specific compliance

reviews. The Deputy Assistant Secretary

for Enforcement and Investigations

retains the right to redelegate in writing

the authority granted to him or her

within this redelegation.

Section F. Supersedure

This redelegation supersedes and

revokes the following redelegations of

authority published in the Federal

Register: 56 FR 12302, dated March 22,

1991; 56 FR 12303, dated March 22,

1991; 56 FR 56420, dated November 4,

1991; and 56 FR 56421, dated November

4, 1991.

Authority: Section 7(d), Department of

HUD Act (42 U.S.C. 3535(d)).

Dated: May 2, 1996.

Elizabeth K. Julian,

Assistant Secretary for Fair Housing and

Equal Opportunity.

[FR Doc. 96–13072 Filed 5–23–96; 8:45 am]

BILLING CODE 4210–28–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of an Environmental

Assessment and Receipt of an

Application for an Incidental Take

Permit for Surface Mining in Forest

County, Mississippi by Perry County

Sand and Gravel, Inc.

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

SUMMARY: Perry County Sand and

Gravel, Inc. (Applicant) has applied to

the U.S. Fish and Wildlife Service

(Service) for an incidental take permit

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

Endangered Species Act (Act). The

permit would authorize the incidental

take, for a period of 6 years, the

federally listed threatened gopher

tortoise (Gopherus polyphemus) during

the expansion of an existing surface

mining operation in Forest County,

Mississippi.

The Service also announces the

availability of an Environmental

Assessment (EA) and Habitat

Conservation Plan (HCP) for the

incidental take application. The

Applicant’s HCP describes Gopherus

polyphemus conservation measures to

be employed to address the anticipated

level of incidental take. The EA

prepared by the Service describes the

environmental consequences of issuing

or denying the Applicant’s request for

an incidental take permit. As stated in

the EA, the Service proposes to issue the

requested permit. This proposal is based

on a preliminary determination that the

Applicant has satisfied the requirements

for permit issuance and that the HCP

provides conservation benefits to

Gopherus polyphemus. This notice also

advises the public that the Service has

made a preliminary determination that

issuing the incidental take permit is not

a major Federal action significantly

affecting the quality of the human

environment within the meaning of

Section 102(2)(C) of the National

Environmental Policy Act of 1969, as

amended. The finding of No Significant

Impact is based on information

contained in the EA and HCP. The final

determination will be no sooner than 30

days from the date of this notice. This

notice is provided pursuant to Section

10 of the Endangered Species Act, as

amended, and National Environmental

Policy Act (NEPA) regulations (40 CFR

1506.6).

DATES: Written comments on the permit

application must be received on or

before June 24, 1996.

ADDRESSES: Persons wishing to review

the application may obtain a copy by

writing the Service’s Southeast Regional

Office, Atlanta, Georgia. Persons

wishing to review the EA or HCP may

obtain a copy by writing the Regional

Office or the Jackson, Mississippi, Field

Office. Requests must be in writing to be

processed. Documents will also be

available for public inspection, by

appointment, during normal business

hours at the Regional Office or the Field

Office. Written data or comments
26202 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Notices

concerning the application, EA, or HCP

should be submitted to the Regional

Office. Please reference permit number

PRT–814979 in such comments:

Regional Permit Coordinator, U.S. Fish

and Wildlife Service, 1875 Century

Boulevard, Suite 200, Atlanta, Georgia

(fax 404–679–7081).

Field Supervisor, U.S. Fish and Wildlife

Service, 6578 Dogwood View

Parkway, Suite A, Jackson,

Mississippi 39213. (fax 601–965–

4340).

FOR FURTHER INFORMATION CONTACT:

Theresa Jacobson, Mississippi Field

Office (601–965–4900) or Rick Gooch at

the Atlanta, Georgia Regional Office

(404–679–7110).

SUPPLEMENTARY INFORMATION:

Background

The gopher tortoise is listed as a

threatened species in the western part of

its range, from the Tombigbee and

Mobile Rivers in Alabama west to

southeastern Louisiana. As a native

burrowing species of the fire maintained

longleaf pine ecosystem, typical gopher

tortoise habitat consists of frequently

burned longleaf pine or longleaf pine/

scrub oak uplands on moderately well

drained to xeric soils. About 80 percent

of the original habitat for gopher

tortoises has been lost due to

urbanization and agriculture. Forest

management practices involving dense

pine stands and infrequent prescribed

fire have reduced or eliminated the

open forest and sunny forest floor with

grasses and forbs that tortoises need for

burrowing, nesting, and feeding.

Though gopher tortoises are widely

distributed in south Mississippi, most

populations are fragmented, small in

size, and functionally non-viable.

Section 9 of the Act, and

implementing regulations, prohibits the

take of threatened and endangered

species. Take, in part, is defined as an

activity that kills, injures, harms, or

harasses a listed threatened or

endangered species. Section 10(a)(1)(B)

of the Act provides an exemption, under

certain circumstances, to the Section 9

prohibition if the taking is incidental to,

and not the purpose of otherwise lawful

activities.

Fourteen tortoise burrows were

located and four tortoises are known to

inhabit the 89-acre proposed mining

site. A tortoise population of up to five

tortoises are estimated to reside on the

property. The operation of heavy mining

equipment can directly kill or injure

tortoises by running over them above

ground, or by crushing or entombing

them in their burrows, or by excavation.

The EA considers the environmental

consequences of four alternatives. One

alternative, the proposed action, is the

issuance of the incidental take permit

based upon submittal of the HCP as

proposed. The HCP describes measures

the Applicant will take to avoid and

mitigate such taking. The Applicant

plans to relocate all tortoises in the

mining area to an 8-acre habitat

conservation area. Suitable habitat for

gopher tortoises consists of less than 60

percent canopy cover, a sparse

understory, and tortoise browse of

grasses and forbs. As part of the HCP,

the Applicant will maintain and

improve the habitat conservation area

by thinning and by the use prescribed

fire. Without such management,

particularly the use of prescribed fire,

gopher tortoise habitat would

deteriorate via natural succession. The

HCP provides for funding all of the

mitigation and minimization efforts for

the proposed action. Another alternative

is no-action, or deny the request for

authorization to incidentally take the

gopher tortoises. The third alternative is

similar to the proposed alternative

except the tortoises would be relocated

to a smaller, 3-acre conservation habitat

area. The last alternative involves

relocating all tortoises off the mining

site and onto private property owned by

the Applicant elsewhere. All surface

mining operations and reclamation

procedures are regulated and permitted

by the Bureau of Geology, Mississippi

Department of Environmental Quality.

As stated above, the Service has made

a preliminary determination that the

proposed action, e.g., issuance of the

incidental take permit, is not a major

Federal action significantly affecting the

quality of the human environment

within the meaning of Section 102 (2)(C)

of the National Environmental Policy

Act of 1969, as amended. This

preliminary information may be

adjusted due to public comment

received in response to this notice and

is based on information contained in the

EA and HCP. An appropriate excerpt

from the FONSI reflecting the Service’s

finding on the application is provided

below:

Based on the analysis conducted by

the Service, it has been determined that:

1. Issuance of the incidental take

permit will not appreciably reduce the

likelihood of survival and recovery of

the affected species in the wild or result

in the adverse modification of

designated critical habitat. This decision

is based upon and considers the

cumulative impacts of past, present and

future issuance of incidental take

permits within the historic and current

range of each species affected in the

permit action.

2. Issuance of an incidental take

permit would not have significant

effects on the human environment in

the project area.

3. The proposed take is incidental to

an otherwise lawful activity.

4. The Applicant has ensured that

adequate funding will be provided to

implement the measures proposed in

the submitted HCP.

5. Other than impacts to endangered

and threatened species as outlined in

the documentation of this decision, the

indirect impacts which may result from

issuance of the incidental take permit

are addressed by other regulations and

statutes under the jurisdiction of other

government entities. The validity of the

Service’s incidental take permit is

contingent upon the Applicant’s

compliance with the terms of the permit

and all other laws and regulations under

the control of State, local, and other

Federal governmental entities.

Dated: May 17, 1996.

Noreen K. Clough,

Regional Director, Region 4.

[FR Doc. 96–13121 Filed 5–23–96; 8:45 am]

BILLING CODE 4310–55–P

Bureau of Land Management

[WY–985–06–0777–72]

Resource Advisory Council Meeting,

Wyoming

AGENCY: Bureau of Land Management,

Interior.

ACTION: Notice of Meeting of the

Wyoming Resource Advisory Council.

SUMMARY: This notice sets forth the

schedule and agenda for a meeting of

the Wyoming Resource Advisory

Council (RAC).

DATES: June 24, 1996, from 1:00 p.m.

until 5 p.m. and June 25, 1996, from

8:30 a.m. until 12 p.m.

ADDRESSES: Pronghorn Lodge, Monarch

Room, 150 East Main, Lander, WY

82520.

FOR FURTHER INFORMATION CONTACT:

Terri Trevino, RAC Coordinator,

Wyoming Bureau of Land Management,

P.O. Box 1828, Cheyenne, WY 82003,

(307) 775–6020.

SUPPLEMENTARY INFORMATION: The

agenda for the meeting will include:

1. Status of Green River Basin Advisory

Committee

2. Finalize draft goals and guidelines on

rangelands

3. Public Comment

This meeting is open to the public.

Interested persons may make oral