Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Notices 52549 

Dated: August 4, 2010. 

Joy E. Nicholopoulos, 

Regional Director, Region 2. 

[FR Doc. 2010–21249 Filed 8–25–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R4–ES–2010–N166; 40120–1112– 

0000–F2] 

Environmental Impact Statement; 

Alabama Beach Mouse Draft General 

Conservation Plan; Fort Morgan 

Peninsula, Baldwin County, AL 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of intent; announcement 

of public meetings. 

SUMMARY: Under the National 

Environmental Policy Act (NEPA), we, 

the Fish and Wildlife Service (Service), 

advise the public that we intend to 

gather information necessary to prepare 

an environmental impact statement 

(EIS) on the draft Alabama Beach Mouse 

General Conservation Plan (ABM GCP) 

Project. We are preparing the ABM GCP 

under the Endangered Species Act of 

1973, as amended (Act). We provide this 

notice to (1) Describe the proposed 

action and possible alternatives; (2) 

advise other Federal and State agencies, 

affected Tribes, and the public of our 

intent to prepare an EIS; (3) announce 

the initiation of a public scoping period; 

and (4) obtain suggestions and 

information on the scope of issues to be 

included in the EIS. 

DATES: Comments: We must receive any 

written comments at our Field Office 

(see ADDRESSES) on or before September 

27, 2010. 

Public Meetings: Two public scoping 

meetings will be held on September 29, 

2010: The first from 2 p.m. to 4 p.m., 

and the second from 6 p.m. to 8 p.m. 

ADDRESSES: Public Meetings: Gulf 

Shores Adult Activities Center, 260 

Club House Drive, Gulf Shores, AL 

36542. 

Document Availability: Documents 

will be available for public inspection 

by appointment during normal business 

hours at the Fish and Wildlife Service 

Field Office, 1208–B Main Street, 

Daphne, AL 36526. 

Comments: For how and where to 

submit comments, see Public Comments 

below. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Darren LeBlanc, Project Manager, at the 

Alabama Field Office (see ADDRESSES), 

telephone: 251/441–5868. 

SUPPLEMENTARY INFORMATION: Under the 

National Environmental Policy Act 

(NEPA; 42 U.S.C. 4321 et seq.), we 

announce that we intend to gather 

information necessary to prepare an EIS 

on the draft ABM GCP Project under the 

Act (16 U.S.C. 1531 et seq.). 

Background 

Section 9 of the Act and Federal 

regulations prohibit the ‘‘take’’ of 

wildlife species listed as endangered or 

threatened (16 U.S.C. 1538). The Act 

defines the term ‘‘take’’ as to harass, 

harm, pursue, hunt, shoot, wound, kill, 

trap, capture, or collect listed species, or 

to attempt to engage in such conduct (16 

U.S.C. 1532). Harm includes significant 

habitat modification or degradation that 

actually kills or injures listed wildlife 

by significantly impairing essential 

behavioral patterns, including breeding, 

feeding, and sheltering [50 CFR 17.3(c)]. 

Under section 10(a)(1)(B) of the Act, the 

Service may issue permits to authorize 

‘‘incidental take’’ of listed species. 

‘‘Incidental Take’’ is defined by the Act 

as take that is incidental to, and not the 

purpose of, carrying out an otherwise 

lawful activity. Regulations governing 

permits for threatened species and 

endangered species, respectively, are in 

the Code of Federal Regulations (CFR) at 

50 CFR 17.32 and 50 CFR 17.22. All 

species included on an incidental take 

permit would receive assurances under 

the Service’s ‘‘No Surprises’’ regulations 

[50 CFR 17.22(b)(5) and 17.32(b)(5)]. 

Proposed ABM GCP 

Species we propose for coverage in 

the ABM GCP are species that are 

currently listed as federally threatened 

or endangered and have some likelihood 

to occur within the project area. Three 

protected species covered by the ABM 

GCP are known to occur within the area. 

Currently the following listed animal 

species are included in the plan: 

Alabama beach mouse (ABM) 

(Peromyscus polionotus ammobates), 

Loggerhead sea turtle (Caretta caretta), 

and Kemp’s ridley sea turtle 

(Lepidochelys kempii). 

The proposed ABM GCP utilizes a 

conservation strategy that would 

provide for preservation of a large 

portion of the developable habitat for 

the ABM while still allowing economic 

growth to occur in the area. The ABM 

GCP coverage area extends along the 

Gulf of Mexico for about 17 miles, 

encompassing approximately 2,400 

acres of open beach and associated 

nearshore coastal dune environments on 

the Fort Morgan Peninsula, Baldwin 

County, AL. The coverage area begins at 

Little Lagoon Pass, on State Hwy 182 in 

Gulf Shores, and extends westward to 

the tip of the Fort Morgan State Historic 

site at the western terminus of the Fort 

Morgan Peninsula. The area is defined 

biologically as that area where an ABM 

population and/or subpopulations (i.e., 

metapopulations) could be affected by 

the proposed actions. The coverage area 

is based on what the Service currently 

knows about ABM movement and 

dispersal, locations of separate yet 

connected populations, and where 

future development could occur within 

these areas. It is important that suitable 

habitat be maintained within these areas 

so that barriers to dispersal do not 

develop, to allow for expansion of 

subpopulations, and for maintaining or 

increasing genetic diversity. 

The ABM GCP would result in take 

authorization for otherwise lawful 

actions, such as private development 

that may incidentally take or harm 

animal species or their habitats within 

the ABM GCP area, in exchange for the 

assembly and management of a 

coordinated ABM GCP area. 

Specifically, these activities would 

include residential development and 

infrastructure improvement, as well as 

response activities related to impacts 

from tropical weather systems. The 

ABM GCP would develop a program of 

take avoidance, minimization, and 

mitigation, with an emphasis on 

preservation of remaining natural lands 

that will support viable populations and 

the continued existence of federally 

listed threatened or endangered species, 

including an in-lieu-fee proposal. The 

ABM GCP creates a framework for 

complying with federally listed 

threatened or endangered species 

regulations for specified species while 

accommodating future growth in the 

ABM GCP area. The framework 

established by the ABM GCP in-lieu-fee 

plan will allow for the purchase of 

select parcels of high-priority habitat, 

preserve movement corridors within 

viable habitat, conduct post-storm 

habitat restoration on public lands and 

assist the public with the same on 

private property, and assist in the 

conservation of species through 

research. 

If the ABM GCP is established, 

property owners who wish to develop 

low-density residences on the Fort 

Morgan peninsula in Alabama, and who 

meet the qualifying conditions of the 

ABM GCP, may apply for a 50-year 

Incidental Take Permit (ITP) from the 

Service. The ITP is needed to authorize 

the incidental take of threatened and 

endangered species that would occur as 

a result of private residential 

development. 

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52550 Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Notices 

Environmental Impact Statement 

The EIS will consider three 

alternatives: The proposed action 

(establishment of the GCP), no action 

(no project/no section 10 permit), and 

continuing to process HCPs in yearly 

batches of applications, as we do 

currently. A detailed description of the 

proposed action and alternatives in the 

ABM GCP will be included in the EIS. 

The EIS will also identify potentially 

significant impacts on biological 

resources, land use, air quality, water 

quality, water resources, economics, and 

other environmental resource issues that 

could occur directly or indirectly with 

implementation of the proposed action 

and alternatives. Different strategies for 

avoiding, minimizing, and mitigating 

the impacts of incidental take may also 

be considered. 

The primary purpose of the scoping 

process is to identify important issues 

raised by the public related to the 

proposed action. 

Public Comments 

Outside of the public hearings, we 

will accept comments in written form 

only. To ensure that we identify the full 

range of issues related to the permit 

application, we invite written comments 

from interested parties. Please reference 

the ABM GCP in such comments. 

If you wish to comment, you may 

submit comments by any one of the 

following methods: 

U.S. mail: Alabama Field Office (see 

ADDRESSES). 

E-mail: darren_leblanc@fws.gov. 

Please include your name and return 

mailing address in your e-mail message. 

If you do not receive a confirmation 

from us that we have received your 

email, contact us directly at either 

telephone number listed (see FOR

FURTHER INFORMATION CONTACT). 

Hand delivery: Hand-deliver 

comments to either of our offices listed 

under ADDRESSES. 

Availability of Public Comments 

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. 

Reasonable Accommodation 

Persons needing reasonable 

accommodations in order to attend and 

participate in the public meeting should 

contact Denise Rowell at 251/441–5181 

as soon as possible. In order to allow 

sufficient time to process requests, 

please call no later than 1 week before 

the public meeting. Information 

regarding this proposed action is 

available in alternative formats upon 

request. 

Authority: We provide this notice under 

section 10 of the Act (16 U.S.C. 1531 et seq.) 

and NEPA regulations (40 CFR 1506.6). 

Dated: August 2, 2010. 

Mark J. Musaus, 

Acting Regional Director, Southeast Region. 

[FR Doc. 2010–21268 Filed 8–25–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Land Acquisitions; Tohono O’odham 

Nation, Arizona 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Final Agency 

Determination. 

SUMMARY: The Assistant Secretary— 

Indian Affairs made a final agency 

determination to acquire Parcel 2 

consisting of 53.54 acres of land into 

trust for the Tohono O’odham Nation of 

Arizona on July 23, 2010. This notice is 

published in the exercise of authority 

delegated by the Secretary of the Interior 

to the Assistant Secretary—Indian 

Affairs by 209 Departmental Manual 8.1. 

FOR FURTHER INFORMATION CONTACT: 

Paula L. Hart, Director, Office of Indian 

Gaming, MS–3657 MIB, 1849 C Street, 

NW., Washington, DC 20240; Telephone 

(202) 219–4066. 

SUPPLEMENTARY INFORMATION: This 

notice is published to comply with the 

requirement of 25 CFR part 151.12(b) 

that notice be given to the public of the 

Secretary’s decision to acquire land in 

trust at least 30 days prior to signatory 

acceptance of the land into trust. The 

purpose of the 30-day waiting period in 

25 CFR part 151.12(b) is to afford 

interested parties the opportunity to 

seek judicial review of final 

administrative decisions to take land in 

trust for Indian tribes and individual 

Indians before transfer of title to the 

property occurs. On July 23, 2010, the 

Assistant Secretary—Indian Affairs 

decided to accept Parcel 2, consisting of 

53.54 acres of land into trust for the 

Tohono O’odham Nation of Arizona. 

Pursuant to the Gila Bend Indian 

Reservation Lands Replacement Act, 

Public Law 99–503, 100 Stat. 1798 

(1986) Section 6(d) mandates: ‘‘The 

Secretary, at the request of the Tribe, 

shall hold in trust for the benefit of the 

Tribe any land which the Tribe acquires 

pursuant to subsection (c) which meets 

the requirements of this subsection. Any 

land which the Secretary holds in trust 

shall be deemed to be a Federal Indian 

Reservation for all purposes. Land does 

not meet the requirements of this 

subsection if it is outside the counties 

of Maricopa, Pinal, and Pima, Arizona, 

or within the corporate limits of any city 

or town. Land meets the requirements of 

this subsection only if it constitutes not 

more than three separate areas 

consisting of contiguous tracts, at least 

one of which areas shall be contiguous 

to San Lucy Village. The Secretary may 

waive the requirements set forth in the 

preceding sentence if he determines that 

additional areas are appropriate.’’ The 

53.54 acre parcel is located in Maricopa 

County, Arizona, and the parcel is not 

‘‘within the corporate limits of any city 

or town.’’ 

The legal description of the property 

is as follows: 

PARCEL NO. 2 

THE WEST HALF OF THE WEST HALF OF 

THE NORTHEAST QUARTER AND THE 

WEST HALF OF THE EAST HALF OF THE 

WEST HALF OF THE NORTHEAST 

QUARTER OF SECTION 4, TOWNSHIP 2 

NORTH, RANGE 1 EAST OF THE GILA 

AND SALT RIVER BASE AND MERIDIAN, 

MARICOPA COUNTY, ARIZONA; 

EXCEPT THE WEST 360.14 FEET 

(MEASURED), WEST 360.00 FEET 

(RECORD) OF THE NORTH 484.19 FEET 

(MEASURED), NORTH 484.00 FEET 

(RECORD); AND 

EXCEPT THE NORTH 258.00 FEET OF THE 

WEST 460.00 FEET OF THE WEST HALF 

OF THE WEST HALF OF THE 

NORTHEAST QUARTER OF SAID 

SECTION 4; AND 

EXCEPT THE NORTH 40.00 FEET, 

THEREOF; AND 

EXCEPT THOSE PORTIONS THEREOF 

WHICH LIE NORTHERLY OF THE 

FOLLOWING DESCRIBED LINE; 

BEGINNING AT A POINT ON THE NORTH– 

SOUTH MIDSECTION LINE OF SAID 

SECTION 4, WHICH POINT BEARS 

SOUTH 01 DEGREES 36 MINUTES 34 

SECONDS WEST (RECORD AS SOUTH 00 

DEGREES 16 MINUTES 56 SECONDS 

WEST ACCORDING TO ADOT PARCEL 7– 

4241),55.01 FEET FROM THE NORTH 

QUARTER CORNER OF SAID SECTION 4; 

THENCE EAST (RECORDED AS NORTH 88 

DEGREES 40 MINUTES 28 SECONDS 

EAST, ACCORDING TO ADOT PARCEL 7– 

42410), 503.20 FEET; 

THENCE NORTH (RECORDED AS NORTH 

01 DEGREES 19 MINUTES 32 SECONDS 

WEST ACCORDING TO ADOT PARCEL 7– 

4241), 55.00 FEET TO THE POINT OF 

ENDING ON THE NORTH LINE OF SAID 

SECTION 4, WHICH POINT BEARS 

NORTH 88 DEGREES 40 MINUTES 28 

SECONDS EAST, 501.66 FEET FROM 

SAID NORTH QUARTER CORNER OF 

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