52776 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 

lobbying required by 24 CFR part 87, 

together with disclosure forms, if 

required by that part. 

4. Authority of jurisdiction. The 

jurisdiction certifies that the 

consolidated plan is authorized under 

state and local law (as applicable) and 

that the jurisdiction possesses the legal 

authority to carry out the programs for 

which it is seeking funding, in 

accordance with applicable HUD 

regulations and other program 

requirements. 

5. Consistency with plan. The 

jurisdiction certifies that the housing 

activities to be undertaken with NSP 

funds are consistent with its 

consolidated plan. 

6. Acquisition and relocation. The 

jurisdiction certifies that it will comply 

with the acquisition and relocation 

requirements of the Uniform Relocation 

Assistance and Real Property 

Acquisition Policies Act of 1970, as 

amended (42 U.S.C. 4601), and 

implementing regulations at 49 CFR part 

24, except as those provisions are 

modified by the notice for the NSP 

program published by HUD. 

7. Section 3. The jurisdiction certifies 

that it will comply with section 3 of the 

Housing and Urban Development Act of 

1968 (12 U.S.C. 1701u), and 

implementing regulations at 24 CFR part 

135. 

8. Citizen participation. The 

jurisdiction certifies that it is in full 

compliance and following a detailed 

citizen participation plan that satisfies 

the requirements of Sections 24 CFR 

91.105 or 91.115, as modified by NSP 

requirements. 

9. Following a plan. The jurisdiction 

certifies it is following a current 

consolidated plan (or Comprehensive 

Housing Affordability Strategy) that has 

been approved by HUD. 

10. Use of funds. The jurisdiction 

certifies that it will comply with Title III 

of Division B of the Housing and 

Economic Recovery Act of 2008, as 

amended, by using all of its grant funds 

within 18 months of receipt of the grant. 

11. The jurisdiction certifies: 

a. That all of the NSP funds made 

available to it will be used with respect 

to individuals and families whose 

incomes do not exceed 120 percent of 

area median income; and 

b. The jurisdiction will not attempt to 

recover any capital costs of public 

improvements assisted with CDBG 

funds, including Section 108 loan 

guaranteed funds, by assessing any 

amount against properties owned and 

occupied by persons of low- and 

moderate-income, including any fee 

charged or assessment made as a 

condition of obtaining access to such 

public improvements. However, if NSP 

funds are used to pay the proportion of 

a fee or assessment attributable to the 

capital costs of public improvements 

(assisted in part with NSP funds) 

financed from other revenue sources, an 

assessment or charge may be made 

against the property with respect to the 

public improvements financed by a 

source other than CDBG funds. In 

addition, with respect to properties 

owned and occupied by moderateincome (but not low-income) families, 

an assessment or charge may be made 

against the property with respect to the 

public improvements financed by a 

source other than NSP funds if the 

jurisdiction certifies that it lacks NSP or 

CDBG funds to cover the assessment. 

12. Excessive force. The jurisdiction 

certifies that it has adopted and is 

enforcing: 

a. A policy prohibiting the use of 

excessive force by law enforcement 

agencies within its jurisdiction against 

any individuals engaged in nonviolent 

civil rights demonstrations; and 

b. A policy of enforcing applicable 

state and local laws against physically 

barring entrance to, or exit from, a 

facility or location that is the subject of 

such nonviolent civil rights 

demonstrations within its jurisdiction. 

13. Compliance with antidiscrimination laws. The jurisdiction 

certifies that the NSP grant will be 

conducted and administered in 

conformity with Title VI of the Civil 

Rights Act of 1964 (42 U.S.C. 2000d), 

the Fair Housing Act (42 U.S.C. 3601– 

3619), and implementing regulations. 

14. Compliance with lead-based paint 

procedures. The jurisdiction certifies 

that its activities concerning lead-based 

paint will comply with the requirements 

of part 35, subparts A, B, J, K, and R of 

this title. 

15. Compliance with laws. The 

jurisdiction certifies that it will comply 

with applicable laws. 

Note on Statutory Limitation on 

Distribution of Funds 

Section 2304 of HERA states that none 

of the funds made available under this 

Title or title IV shall be distributed to an 

organization that has been indicted for 

a violation under Federal law relating to 

an election for Federal office; or an 

organization that employs applicable 

individuals. Section 2304 defines 

applicable individuals. 

Information Collection Approval 

HUD has approval from the Office of 

Management and Budget (OMB) for 

information collection requirements in 

accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). OMB approval is under OMB 

control number 2506–0165. In 

accordance with the Paperwork 

Reduction Act, HUD may not conduct or 

sponsor and a person is not required to 

respond to, a collection of information, 

unless the collection displays a valid 

control number. 

Duration of Funding 

The appropriation accounting 

provisions in 31 U.S.C. 1551–1557, 

added by section 1405 of the National 

Defense Authorization Act for Fiscal 

Year 1991 (Pub. L. 101–510), limit the 

availability of certain appropriations for 

expenditure. Such a limitation may not 

be waived. The appropriations acts for 

NSP grants direct that these funds be 

available until expended. However, the 

Department is imposing a shorter 

deadline on the expenditure of NSP 

funds in this notice. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers for grants made 

under NSP1 are as follows: 14.218; 

14.225; and 14.228. 

Finding of No Significant Impact 

A Finding of No Significant Impact 

with respect to the environment has 

been made in accordance with HUD 

regulations at 24 CFR part 50, which 

implement section 102(2)(C) of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4332(C)(2)). The 

Finding of No Significant Impact is 

available for public inspection between 

8 a.m. and 5 p.m. weekdays in the 

Office of the Rules Docket Clerk, Office 

of General Counsel, Department of 

Housing and Urban Development, 451 

Seventh Street, SW., Room 10276, 

Washington, DC 20410–0500. 

Dated: August 23, 2010. 

Mercedes M. Ma ́ rquez, 

Assistant Secretary for Community Planning 

and Development. 

[FR Doc. 2010–21402 Filed 8–26–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[CACA 048649, LLCAD06000, L51010000.

FX0000, LVRWB09B2490] 

Notice of Availability of the Draft 

Environmental Impact Statement for 

the Desert Sunlight Holdings, LLC 

Desert Sunlight Solar Farm Project and 

Possible California Desert 

Conservation Area Plan Amendment 

AGENCY: Bureau of Land Management, 

Interior. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 52777 

ACTION: Notice of availability. 

SUMMARY: In accordance with the 

National Environmental Policy Act of 

1969, as amended (NEPA), and the 

Federal Land Policy and Management 

Act of 1976, as amended (FLPMA), the 

Bureau of Land Management (BLM) has 

prepared a Draft Environmental Impact 

Statement (EIS) and Draft California 

Desert Conservation Area (CDCA) Plan 

Amendment for the Desert Sunlight 

Holdings, LLC Desert Sunlight Solar 

Farm (DSSF) Project, Riverside County, 

California, and by this notice, is 

announcing the opening of a 90-day 

public comment period. 

DATES: To ensure that comments will be 

considered, the BLM must receive 

written comments on the Draft EIS 

within 90 days following the date the 

Environmental Protection Agency 

publishes its Notice of Availability in 

the Federal Register. The BLM will 

announce future meetings or hearings 

and any other public involvement 

activities at least 15 days in advance 

through public notices, media releases, 

and/or mailings. 

ADDRESSES: You may submit comments 

related to the Desert Sunlight Holdings 

DSSF project by any of the following 

methods: 

• Web site: http://www.blm.gov/ca/st/ 

en/fo/palmsprings.html. 

• E-mail: CAPSSolarFirstSolar

DesertSunlight@blm.gov. 

• Fax: (760) 833–7199. 

• Mail or other delivery service: 

Allison Shaffer, Project Manager, BLM 

Palm Springs-South Coast Field Office, 

1201 Bird Center Drive, Palm Springs, 

California 92262. 

Copies of the DSSF Draft EIS are 

available from the Palm Springs-South 

Coast Field Office at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Allison Shaffer, BLM Project Manager, 

telephone (760) 833–7100. See also 

ADDRESSES section. 

SUPPLEMENTARY INFORMATION: Desert 

Sunlight Holdings, LLC has requested a 

19,516-acre right-of-way (ROW) to 

construct and operate the DSSF 550- 

megawatt (MW) solar photovoltaic (PV) 

facility and associated 220-kilovolt (kV) 

generation interconnection line (gen-tie 

line), and to facilitate the construction 

and operation by Southern California 

Edison (SCE) of a new 500- to 220-kV 

Red Bluff Substation where the project 

would interconnect with the SCE 

regional transmission system. 

The DSSF power generation site 

would encompass 4,245 acres. The 

power generation site would consist of 

several components: A main generation 

area which includes PV arrays, 

combining switchgear, overhead lines, 

and access corridors; an operations and 

maintenance facility; a solar energy 

visitor center; an on-site substation 

where the voltage of the generated 

electricity would be stepped up to 220 

kV to match that of the transmission 

line; and site security and fencing. 

The transmission line from the project 

would transmit the electricity to the 

regional transmission system through 

the Red Bluff Substation where the 

power would feed into SCE’s existing 

Devers-Palo Verde 1 (DPV1) 500-kV 

transmission line. The length of the 

transmission line would be 12.2 miles 

long involving 236 acres. 

The Red Bluff Substation would 

consist of a 500/220 kV substation on 

approximately 90 acres, with an 

additional 20 to 30 acres for related 

features including access roads and 

drainage control. Substation features 

include: Connection of the project 

tranmission line into the substation; 

transmission lines to connect the 

substation to the DPV1 line; 

modification of DPV1 towers near the 

substation; construction of an electric 

distribution line for substation light and 

power; and installation of 

telecommunications facilities. 

The DSSF project would be located 

approximately six miles north of 

Interstate Highway 10 and the rural 

community of Desert Center in 

Riverside County. The project area is 

within two miles of Joshua Tree 

National Park. The Draft EIS analyzes 

the direct, indirect, and cumulative 

impacts to the environment. Three 

action alternatives and three no project 

alternatives are analyzed in the Draft 

EIS. Alternatives include: 

• The proposed action; 

• A modified proposed action with an 

alternative transmission line route and 

substation location; 

• A modified proposed action with a 

reduced project footprint (3,045 acres) 

and reduced output (413 MW); 

• No action with no plan amendment 

to the CDCA plan; 

• No project approval with a plan 

amendment to the CDCA plan to make 

the project area unsuitable for solar 

energy projects; and 

• No project approval with a plan 

amendment to the CDCA plan to make 

the project area suitable for other solar 

energy projects. 

The BLM’s purpose and need for the 

DSSF project is to respond to Desert 

Sunlight Holdings’ application under 

Title V of FLPMA (43 U.S.C. 1761) for 

a ROW grant to construct, operate, and 

decommission a solar PV facility on 

public lands in compliance with 

FLPMA, NEPA, BLM ROW and land use 

planning regulations, and other 

applicable laws and regulations. The 

BLM will decide whether to approve, 

approve with modification, or deny a 

ROW grant to Desert Sunlight Holdings 

for the proposed DSSF project. The BLM 

will also consider amending the CDCA 

Plan to make the project area (or 

portions) either available or unavailable 

to future solar development. The CDCA 

Plan (1980, as amended), while 

recognizing the potential compatibility 

of solar generation facilities with other 

uses on public lands, requires that all 

sites proposed for power generation or 

transmission not already identified in 

the plan be considered through the plan 

amendment process. If the BLM decides 

to grant a ROW, the BLM would amend 

the CDCA Plan as required based on 

guidance in the BLM Land Use Planning 

Handbook (H 1601–1). The inventory for 

wilderness characteristics was updated 

and the project area was found to lack 

wilderness characteristics. 

A Notice of Intent to prepare an EIS 

and possible CDCA plan amendment for 

the DSSF was published in the Federal 

Register on January 13, 2010 (75 FR 

1801). This was followed by a 30-day 

public scoping period which ended 

February 13, 2010. Scoping meetings 

were held on January 28, 2010, in Palm 

Desert, California. Numerous public 

scoping comments were received. 

The main concerns identified during 

scoping included potential impacts to 

biological, visual, water, and air 

resources, wilderness characteristics 

and cumulative impacts resulting from 

the potential development of the 

Interstate Highway 10 corridor. The 

issues and concerns identified in the 

scoping comments were addressed in 

the Draft EIS. 

Please note that public comments and 

information submitted including names, 

street addresses, and e-mail addresses of 

persons who submit comments will be 

available for public review and 

disclosure at the above address during 

regular business hours (8 a.m. to 4 p.m.), 

Monday through Friday, except 

holidays, and at the following Web site: 

http://www.blm.gov/ca. 

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. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

52778 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 

Authority: 40 CFR 1506.6 and 1506.10 and 

43 CFR 1610.2 

Thomas Pogacnik, 

Deputy State Director, California. 

[FR Doc. 2010–21276 Filed 8–26–10; 8:45 am] 

BILLING CODE 4310–40–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R5–ES–2010–N182; 50120–1113– 

0000–F2] 

Preparation of an Environmental 

Impact Statement for Issuance of an 

Incidental Take Permit Associated With 

a Habitat Conservation Plan for the 

Beech Ridge Wind Energy Project, 

Greenbrier and Nicholas Counties, 

West Virginia; Re-opening and 

Extension of Comment Period 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice; re-opening of comment 

period; extension of comment period. 

SUMMARY: In response to substantial 

public interest and requests to extend 

the comment period, we, the U.S. Fish 

and Wildlife Service, extend the scoping 

period on a notice of intent to gather 

information necessary to prepare an 

Environmental Impact Statement (EIS) 

on the proposed issuance of an 

Endangered Species Act (ESA) permit 

(incidental take permit and associated 

Habitat Conservation Plan) for the Beech 

Ridge Wind Energy Project (HCP). 

Pursuant to the National Environmental 

Policy Act (NEPA), we seek suggestions 

and information from the public on the 

scope of issues and alternatives to be 

included in the EIS. Comments 

previously submitted need not be 

resubmitted as they have been 

incorporated into the public record and 

will be fully considered in the final 

decision on the permit application. 

DATES: The public comment period that 

closed on August 23, 2010, (75 FR 

42767) is reopened and extended until 

September 23, 2010. 

ADDRESSES: Information, written 

comments, or questions related to the 

preparation of the EIS and NEPA 

process should be submitted to Ms. 

Laura Hill, Assistant Field Supervisor, 

U.S. Fish and Wildlife Service, West 

Virginia Field Office, 694 Beverly Pike, 

Elkins, West Virginia 26241; FAX 304– 

636–7824; or fw5es_wvfo@fws.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Laura Hill (See ADDRESSES) at 304–636– 

6586, extension18. Individuals who are 

hearing-impaired or speech-impaired 

may call the Federal Relay Service at 

800–877–8337 for TTY assistance. 

SUPPLEMENTARY INFORMATION: 

Public Comments Solicited 

On July 22, 2010, we published in the 

Federal Register (75 FR 42767) a notice 

of intent to prepare an EIS and a notice 

of a meeting. On August 9, 2010, we 

held a public meeting in Rupert, West 

Virginia, to provide information on the 

proposed action and to solicit comments 

and suggestions from the public on the 

scope of issues and alternatives to be 

addressed in the draft EIS. The scoping 

comment period closed on August 23, 

2010; however, due to substantial public 

interest in the proposed action and 

receipt of requests to extend the 

comment period, we are hereby 

reopening and extending the comment 

period until September 23, 2010. 

As stated in the July 22, 2010, Federal 

Register notice, we seek comments, in 

particular, concerning: (1) Biological 

information concerning the Indiana bat 

and Virginia big-eared bat, as well as 

unlisted bats and birds; (2) relevant data 

concerning wind power and bat and 

bird interactions; (3) additional 

information concerning the range, 

distribution, population size, and 

population trends of the Indiana bat and 

Virginia big-eared bat, as well as 

unlisted bats and birds; (4) current or 

planned activities in the subject area 

and their possible impacts on the 

environment and resources; (5) the 

presence of facilities within the project 

area which are eligible to be listed on 

the National Register of Historic Places 

or whether other historical, 

archeological, or traditional cultural 

properties may be present; (6) the direct, 

indirect, and cumulative effects that 

implementation of any reasonable 

alternatives could have on endangered 

and threatened species and their 

habitats, as well as unlisted bats and 

birds; (7) adequacy and advisability of 

proposed minimization and mitigation 

measures for ESA listed species and 

other wildlife; (8) post-construction 

monitoring techniques; and (9) 

identification of any other 

environmental issues that we should 

consider with regard to the proposed 

development and permit action. 

We welcome written comments from 

interested parties to ensure that the full 

range of issues related to the permit 

request is identified. Comments will 

only be accepted in written form. You 

may submit written comments by 

regular mail, electronic mail, or 

facsimile transmission (see ADDRESSES). 

All comments and materials we 

receive, including names and addresses, 

will become part of the administrative 

record and may be released to the 

public. Comments we receive will be 

available for public inspection, by 

appointments, during normal business 

hours (Monday through Friday; 8 a.m. to 

4 p.m.) at the West Virginia Field Office 

(see ADDRESSES). 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 may ask us in your comment to 

withhold personally identifying 

information from public review, we can 

not guarantee that we will be able to do 

so. 

Background 

For background information, please 

refer to the previous Federal Register 

Notice (75 FR 42767) published on July 

22, 2010. 

Author 

The primary author of this notice is 

Laura Hill, U.S. Fish and Wildlife 

Service, West Virginia Field Office. 

Authority 

The authority for this section is the 

Endangered Species Act of 1973, as 

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

National Environmental Policy Act, as 

amended, (42 U.S.C. 4321 et seq.) 

Dated: August 23, 2010. 

Anthony D. Le ́ger, 

Acting Regional Director, Region 5, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2010–21337 Filed 8–26–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Settlement 

Agreement Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on August 

24, 2010, a proposed Settlement 

Agreement in the bankruptcy matter, In 

re Chemtura Corp., et al., Jointly 

Administered Case No. 09–11233 (REG), 

was lodged with the United States 

Bankruptcy Court for the Southern 

District of New York. The Settlement 

Agreement resolves proofs of claim filed 

by the United States on behalf of the 

Environmental Protection Agency 

(‘‘EPA’’) against debtor Chemtura 

Corporation and certain of its affiliates 

(collectively, ‘‘Chemtura’’) for response 

costs under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES