Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 57147 

and utility/storage rooms as well as a 

separate paved parking area for the RTC 

and the public, bus bays with canopies, 

landscaping and off-site street 

improvements. There is a current R&PP 

lease authorized to the City of Las Vegas 

as N–61839 for a public park which 

occupies the space of the N–84739 

application. The existing lease is 

undergoing a partial relinquishment to 

accommodate the Park and Ride lease 

application. Additional detailed 

information pertaining to this 

application, plan of development, and 

site plan is in case file N–84739, which 

is located in the BLM Las Vegas Field 

Office. 

The RTC is a political subdivision of 

the State of Nevada and is therefore a 

qualified applicant under the R&PP Act. 

The land is not required for any Federal 

purpose. The lease/conveyance is 

consistent with the BLM Las Vegas 

Resource Management Plan, dated 

October 5, 1998, and would be in the 

public interest. The lease/conveyance, 

when issued, will be subject to the 

provisions of the R&PP Act and 

applicable regulations of the Secretary 

of the Interior, and will contain the 

following reservations to the United 

States: 

1. A right-of-way thereon for ditches 

or canals constructed by the authority of 

the United States, Act of August 30, 

1890 (43 U.S.C. 945); 

2. All minerals shall be reserved to 

the United States, together with the 

right to prospect for, mine and remove 

such deposits from the same under 

applicable law and such regulations as 

the Secretary of the Interior may 

prescribe; and 

3. A right-of-way for a Federal-Aid 

Highway reserved to the Federal 

Highway Administration, its successors 

and assigns, by right-of-way N–46063, 

pursuant to the Act of August 27, 1958, 

072 Stat. 0916, 23 U.S.C. 317(A). 

The lease/conveyance will be subject 

to: 

1. Valid existing rights; 

2. A right-of-way for overhead 

distribution lines and telephone lines 

granted to Nevada Power Company, its 

successors and assigns, by right-of-way 

N–58721, pursuant to the Act of October 

21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 

3. A right-of-way for a 42-inch 

diameter water pipeline granted to Las 

Vegas Valley Water District, its 

successors and assigns, by right-of-way 

N–61329, pursuant to the Act of October 

21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 

4. A right-of-way for fiber optic 

facilities granted to Nevada Bell, its 

successors or assigns, by right-of-way 

N–73706, pursuant to the Act of October 

21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 

5. A right-of-way for underground 

telephone facilities granted to Central 

Telephone Company, its successors and 

assigns, by right-of-way N–73808, 

pursuant to the Act of October 21, 1976, 

090 Stat. 2776, 43 U.S.C. 1761; 

6. A right-of-way for underground 

distribution lines granted to Nevada 

Power Company, its successors and 

assigns, by right-of-way N–73826, 

pursuant to the Act of October 21, 1976, 

090 Stat. 2776, 43 U.S.C. 1761; 

7. A right-of-way for road, sewer and 

drainage purposes granted to the City of 

Las Vegas, its successors and assigns, by 

right-of-way N–73902, pursuant to the 

Act of October 21, 1976, 090 Stat. 2776, 

43 U.S.C. 1761; 

8. A right-of-way for fiber optic 

facilities granted to Cox 

Communications, its successors or 

assigns, by right-of-way N–74001, 

pursuant to the Act of October 21, 1976, 

090 Stat. 2776, 43 U.S.C. 1761; 

9. A right-of-way for underground 

electrical distribution lines granted to 

Nevada Power Company, its successors 

or assigns, by right-of-way N–75274, 

pursuant to the Act of October 21, 1976, 

090 Stat. 2776, 43 U.S.C. 1761; 

10. A right-of-way for underground 

conduits and cables granted to Nevada 

Power Company, its successors or 

assigns, by right-of-way N–75820, 

pursuant to the Act of October 21, 1976, 

090 Stat. 2776, 43 U.S.C. 1761; 

11. A right-of-way for a polyethylene 

natural gas pipeline granted to 

Southwest Gas Corporation, its 

successors or assigns, by right-of-way 

N–79227, pursuant to the Act of 

February 25, 1920, 041 Stat. 0437, 30 

U.S.C. 185, Sec. 28; 

12. A right-of-way for underground 

distribution lines granted to Nevada 

Power Company, its successors or 

assigns, by right-of-way N–79387, 

pursuant to the Act of October 21, 1976, 

090 Stat. 2776, 43 U.S.C. 1761; 

13. A right-of-way for underground 

electrical distribution lines granted to 

Nevada Power Company, its successors 

or assigns, by right-of-way N–81383, 

pursuant to the Act of October 21, 1976, 

090 Stat. 2776, 43 U.S.C. 1761; and 

14. A right-of-way for a temporary 

work area granted to Nevada Power 

Company, its successors or assigns, by 

right-of-way N–81383–01, pursuant to 

the Act of October 21, 1976, 090 Stat. 

2776, 43 U.S.C. 1761. 

On publication of this notice in the 

Federal Register, the land described 

will be segregated from all other forms 

of appropriation under the public land 

laws, including the general mining laws, 

except for lease/conveyance under the 

R&PP Act, leasing under the mineral 

leasing laws and disposals under the 

mineral material disposal laws. 

Interested parties may submit written 

comments regarding the specific use 

proposed in the application and plan of 

development, whether BLM followed 

proper administrative procedures in 

reaching the decision to lease/convey 

under the R&PP Act, or any other factor 

not directly related to the suitability of 

the land for R&PP use. Any adverse 

comments will be reviewed by the BLM 

Nevada State Director, who may sustain, 

vacate, or modify this realty action. In 

the absence of any adverse comments, 

this realty action will become the final 

determination of the Department of the 

Interior. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. Only written comments 

submitted by postal service or overnight 

mail to the Field Manager, BLM Las 

Vegas Field Office, will be considered 

properly filed. Electronic mail, 

facsimile, or telephone comments will 

not be considered properly filed. 

In the absence of any adverse 

comments, the decision will become 

effective on December 1, 2008. The 

lands will not be available for lease/ 

conveyance until after the decision 

becomes effective. 

Authority: 43 CFR 2741.5. 

Dated: September 16, 2008. 

Kimber Liebhauser, 

Acting Assistant Field Manager, Division of 

Lands, Las Vegas, Nevada. 

[FR Doc. E8–23129 Filed 9–30–08; 8:45 am] 

BILLING CODE 4310–HC–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

List of Programs Eligible for Inclusion 

in Fiscal Year 2009 Funding 

Agreements To Be Negotiated With 

Self-Governance Tribes 

AGENCY: Minerals Management Service, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice lists programs or 

portions of programs that are eligible for 

inclusion in Fiscal Year 2009 funding 

agreements with self-governance tribes 

and lists programmatic targets according 


jlentini on PROD1PC65 with NOTICES
57148 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 

to section 405(c)(4) of the Tribal SelfGovernance Act. 

DATES: This notice expires on 

September 30, 2009. 

ADDRESSES: You may submit comments 

by the following methods: 

• Electronically go to http:// 

www.regulations.gov. In the ‘‘Comment 

or Submission’’ column, enter ‘‘MMS– 

2008–MRM–0036’’ to view supporting 

and related materials for this notice. 

Click on ‘‘Send a comment or 

submission’’ link to submit public 

comments. Information on using 

Regulations.gov, including instructions 

for accessing documents, submitting 

comments, and viewing the docket after 

the close of the comment period, is 

available through the site’s ‘‘User Tips’’ 

link. All comments submitted will be 

posted to the docket. 

• Mail comments to Hyla Hurst, 

Regulatory Specialist, Minerals 

Management Service, Minerals Revenue 

Management, P.O. Box 25165, MS 

302B2, Denver, Colorado 80225. 

• Hand-carry comments or use an 

overnight courier service. Our courier 

address is Building 85, Room A–614, 

Denver Federal Center, West 6th Ave. 

and Kipling St., Denver, Colorado 

80225. 

FOR FURTHER INFORMATION CONTACT: 

Inquiries or comments regarding this 

notice may be directed to Shirley M. 

Conway, Regulations Manager, Minerals 

Revenue Management, Minerals 

Management Service, 1849 C Street, 

NW., MS 5557 MIB, Washington, D.C. 

20240. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Title II of the Indian SelfDetermination Act Amendments of 1994 

(Pub. L. 103–413, the ‘‘Tribal SelfGovernance Act’’ or the ‘‘Act’’) 

instituted a permanent self-governance 

program at the Department of the 

Interior (DOI). Under the selfgovernance program, certain programs, 

services, functions, and activities, or 

portions thereof, in the DOI bureaus 

other than the Bureau of Indian Affairs 

(BIA), are eligible to be planned, 

conducted, consolidated, and 

administered by a self-governance tribal 

government. 

Under section 405(c) of the Act, each 

bureau is required to publish annually: 

(1) A list of non-BIA programs, services, 

functions, and activities, or portions 

thereof, that are eligible for inclusion in 

agreements negotiated under the selfgovernance program; and (2) 

programmatic targets for these bureaus. 

Under the Act, two categories of nonBIA programs are eligible for selfgovernance funding agreements: 

(1) Under section 403(b)(2) of the Act, 

any non-BIA program, service, function 

or activity that is administered by the 

DOI that is ‘‘otherwise available to 

Indian tribes or Indians,’’ can be 

administered by a tribal government 

through a self-governance funding 

agreement. The DOI interprets this 

provision to authorize the inclusion of 

programs eligible for self-determination 

contracts under Title I of the Indian 

Self-Determination and Education 

Assistance Act (Pub. L. 93–638, as 

amended). Section 403(b)(2) also 

specifies ‘‘nothing in this subsection 

may be construed to provide any tribe 

with a preference with respect to the 

opportunity of the tribe to administer 

programs, services, functions and 

activities, or portions thereof, unless 

such preference is otherwise provided 

by law.’’ 

(2) Under section 403(c) of the Act, 

the Secretary may include other 

programs, services, functions, and 

activities or portions thereof that are of 

‘‘special geographic, historical, or 

cultural significance’’ to a selfgovernance tribe. 

Under section 403(k) of the Act, 

funding agreements cannot include 

programs, services, functions, or 

activities that are inherently Federal or 

where the statute establishing the 

existing program does not authorize the 

type of participation sought by the tribe. 

However, a tribe (or tribes) need not be 

identified in the authorizing statutes in 

order for a program or element to be 

included in a self-governance funding 

agreement. While general legal and 

policy guidance regarding what 

constitutes an inherently Federal 

function exists, DOI will determine 

whether a specific function is inherently 

Federal on a case-by-case basis, 

considering the totality of 

circumstances. 

II. Eligible Non-BIA Programs of the 

Minerals Management Service 

Below is a listing of the types of nonBIA programs, or portions thereof, that 

may be eligible for self-governance 

funding agreements because they are 

either ‘‘otherwise available to Indians’’ 

under Title I and not precluded by any 

other law, or may have ‘‘special 

geographic, historical, or cultural 

significance’’ to a participating tribe. 

The list represents the most current 

information on programs potentially 

available to tribes under a selfgovernance funding agreement. 

The Minerals Management Service 

(MMS) will also consider for inclusion 

in funding agreements other programs 

or activities not included below, but 

which, upon request of a selfgovernance tribe, MMS determines to be 

eligible under either sections 403(b)(2) 

or 403(c) of the Act. Tribes with an 

interest in such potential agreements are 

encouraged to begin such discussions. 

The MMS provides stewardship of 

America’s offshore resources and 

collects revenues generated from 

mineral leases on Federal and Indian 

lands. The MMS is responsible for the 

management of the Federal Outer 

Continental Shelf lands, which are 

submerged lands off the coasts that have 

significant energy and mineral 

resources. Within the Offshore Minerals 

Management program, environmental 

impact assessments and statements, and 

environmental studies may be available 

if a self-governance tribe demonstrates a 

special geographic, cultural or historical 

connection. 

The MMS also offers mineral-owning 

tribes other opportunities to become 

involved in its Minerals Revenue 

Management (MRM) functions. These 

programs address the intent of tribal 

self-governance but are available 

regardless of self-governance intentions 

or status and are a good prerequisite for 

assuming other technical functions. 

Generally, MRM functions are available 

to tribes because of the Federal Oil and 

Gas Royalty Management Act of 1982 

(FOGRMA) at 30 U.S.C. 1701. The MRM 

functions that may be available to selfgovernance tribes are as follows: 

1. Audit of Tribal Royalty Payments. 

Audit activities for tribal leases, except 

for the issuance of orders, final 

valuation decisions, and other 

enforcement activities. 

2. Verification of Tribal Royalty 

Payments. Financial compliance 

verification and monitoring activities, 

and production verification. 

3. Tribal Royalty Reporting, 

Accounting, and Data Management. 

Establishment and management of 

royalty reporting and accounting 

systems including document processing, 

production reporting, reference data 

(lease, payor, agreement) management, 

billing and general ledger. 

4. Tribal Royalty Valuation. 

Preliminary analysis and 

recommendations for valuation and 

allowance determinations and 

approvals. 

For questions regarding selfgovernance contact Shirley M. Conway, 

Regulations Manager, Minerals Revenue 

Management, Minerals Management 

Service, MS 5438 MIB, 1849 C Street, 

NW., Washington, DC 20240, telephone 

202–208–3512, fax 202–501–0247. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 57149 

1No response to this request for information is 

required if a currently valid Office of Management 

and Budget (OMB) number is not displayed; the 

OMB number is 3117–0016/USITC No. 09–5–189, 

expiration date June 30, 2011. Public reporting 

burden for the request is estimated to average 15 

hours per response. Please send comments 

regarding the accuracy of this burden estimate to 

the Office of Investigations, U.S. International Trade 

Commission, 500 E Street, SW., Washington, DC 

20436. 

III. Programmatic Targets 

During Fiscal Year 2009, upon request 

of a self-governance tribe, MMS will 

negotiate funding agreements for its 

eligible programs beyond those already 

negotiated. 

Dated: September 24, 2008. 

Randall B. Luthi, 

Director, Minerals Management Service. 

[FR Doc. E8–23175 Filed 9–30–08; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Flight 93 National Memorial Advisory 

Commission 

AGENCY: National Park Service, Interior. 

ACTION: Notice of November 1, 2008 

Meeting. 

SUMMARY: This notice sets forth the date 

of the November 1, 2008 meeting of the 

Flight 93 Advisory Commission. 

DATES: The public meeting of the 

Advisory Commission will be held on 

Saturday, November 1, 2008 from 10 

a.m. to 1 p.m. (Eastern). The 

Commission will meet jointly with the 

Flight 93 Memorial Task Force. 

Location: The meeting will be held at 

the Somerset County Courthouse, Court 

Room #1, located at 111 E. Union Street, 

Somerset, PA 15501. 

Agenda: 

The November 1, 2008 joint 

Commission and Task Force meeting 

will consist of 

1. Opening of Meeting and Pledge of 

Allegiance. 

2. Review and Approval of 

Commission Minutes from August 2, 

2008. 

3. Reports from the Flight 93 

Memorial Task Force and National Park 

Service. Comments from the public will 

be received after each report and/or at 

the end of the meeting. 

4. Old Business. 

5. New Business. 

6. Public Comments. 

7. Closing Remarks. 

FOR FURTHER INFORMATION CONTACT: 

Joanne M. Hanley, Superintendent, 

Flight 93 National Memorial, 109 West 

Main Street, Somerset, PA 15501, 

814.443.4557. 

SUPPLEMENTARY INFORMATION: The 

meeting will be open to the public. Any 

member of the public may file with the 

Commission a written statement 

concerning agenda items. Address all 

statements to: Flight 93 Advisory 

Commission, 109 West Main Street, 

Somerset, PA 15501. 

Dated: September 8, 2008. 

Joanne M. Hanley, 

Superintendent, Flight 93 National Memorial. 

[FR Doc. E8–22924 Filed 9–30–08; 8:45 am] 

BILLING CODE 4312–25–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–1022 (Review)] 

Refined Brown Aluminum Oxide From 

China 

AGENCY: United States International 

Trade Commission. 

ACTION: Institution of a five-year review 

concerning the antidumping duty order 

on refined brown aluminum oxide from 

China. 

SUMMARY: The Commission hereby gives 

notice that it has instituted a review 

pursuant to section 751(c) of the Tariff 

Act of 1930 (19 U.S.C. 1675(c)) (the Act) 

to determine whether revocation of the 

antidumping duty order on refined 

brown aluminum oxide from China 

would be likely to lead to continuation 

or recurrence of material injury. 

Pursuant to section 751(c)(2) of the Act, 

interested parties are requested to 

respond to this notice by submitting the 

information specified below to the 

Commission; 1 to be assured of 

consideration, the deadline for 

responses is November 20, 2008. 

Comments on the adequacy of responses 

may be filed with the Commission by 

December 15, 2008. For further 

information concerning the conduct of 

this review and rules of general 

application, consult the Commission’s 

Rules of Practice and Procedure, part 

201, subparts A through E (19 CFR part 

201), and part 207, subparts A, D, E, and 

F (19 CFR part 207). 

DATES: Effective Date: October 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Mary Messer (202–205–3193), Office of 

Investigations, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 202– 

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its Internet server (http:// 

www.usitc.gov). The public record for 

this review may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—On November 19, 2003, 

the Department of Commerce issued an 

antidumping duty order on imports of 

refined brown aluminum oxide from 

China (68 FR 65249). The Commission 

is conducting a review to determine 

whether revocation of the order would 

be likely to lead to continuation or 

recurrence of material injury to the 

domestic industry within a reasonably 

foreseeable time. It will assess the 

adequacy of interested party responses 

to this notice of institution to determine 

whether to conduct a full review or an 

expedited review. The Commission’s 

determination in any expedited review 

will be based on the facts available, 

which may include information 

provided in response to this notice. 

Definitions.—The following 

definitions apply to this review: 

(1) Subject Merchandise is the class or 

kind of merchandise that is within the 

scope of the five-year review, as defined 

by the Department of Commerce. 

(2) The Subject Country in this review 

is China. 

(3) The Domestic Like Product is the 

domestically produced product or 

products which are like, or in the 

absence of like, most similar in 

characteristics and uses with, the 

Subject Merchandise. In its original 

determination, the Commission defined 

the Domestic Like Product as all 

merchandise corresponding to the scope 

of the investigation, as well as any 

refined brown aluminum oxide where 

particles with a diameter greater than 

3/8 inch constitute at least 50 percent of 

the total weight of the entire batch, as 

long as this product has been crushed, 

screened, and sorted into consistent 

sizes. 

(4) The Domestic Industry is the U.S. 

producers as a whole of the Domestic 

Like Product, or those producers whose 

collective output of the Domestic Like 

Product constitutes a major proportion 

of the total domestic production of the 

product. In its original determination, 

the Commission defined the Domestic 

Industry as all U.S. producers of the 

domestic like product, as defined above, 

with the exception of Great Lakes 

Minerals, which was excluded from the 

domestic industry as a related party. 


jlentini on PROD1PC65 with NOTICES