31046 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices 

Number Name County 

FL–19P .................................................... Birch Park ............................................................................... Broward. 

FL–20P .................................................... Lloyd Beach ............................................................................ Broward. 

P14A ........................................................ North Beach ........................................................................... Broward. 

FL–39 ....................................................... Tavernier Key ......................................................................... Monroe. 

FL–40 ....................................................... Snake Creek ........................................................................... Monroe. 

FL–43 ....................................................... Channel Key ........................................................................... Monroe. 

FL–44 ....................................................... Toms Harbor Keys ................................................................. Monroe. 

FL–45 ....................................................... Deer/Long Point Keys ............................................................ Monroe. 

FL–46 ....................................................... Boot Key ................................................................................. Monroe. 

FL–64P .................................................... Clam Pass .............................................................................. Collier. 

P17A ........................................................ Bowditch Point ........................................................................ Lee. 

FL–67 ....................................................... Bunche Beach ........................................................................ Lee. 

FL–67P .................................................... Bunche Beach ........................................................................ Lee. 

P21 .......................................................... Bocilla Island .......................................................................... Charlotte. 

P21P ........................................................ Bocilla Island .......................................................................... Charlotte. 

P22 .......................................................... Casey Key .............................................................................. Sarasota. 

FL–72P .................................................... Lido Key ................................................................................. Sarasota. 

Louisiana (13 Maps) 

LA–01 ...................................................... Isle Au Pitre ............................................................................ St. Bernard. 

LA–02 ...................................................... Grand Island ........................................................................... St. Bernard. 

S04 .......................................................... Timbalier Bay ......................................................................... Lafourche. 

S05 .......................................................... Timbalier Islands .................................................................... Terrebonne, Lafourche. 

S06 .......................................................... Isle Dernieres ......................................................................... Terrebonne. 

S07 .......................................................... Point au Fer ............................................................................ Terrebonne, St. Mary. 

Dated: June 18, 2009. 

Marvin E. Moriarty, 

Acting Director, U.S. Fish & Wildlife Service. 

[FR Doc. E9–15309 Filed 6–26–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–R–2009–N109; 1265–0000–10137– 

S3] 

Malheur National Wildlife Refuge, 

Harney County, OR 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of intent to prepare a 

comprehensive conservation plan and 

environmental impact statement; 

request for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), intend to 

prepare a comprehensive conservation 

plan (CCP) for Malheur National 

Wildlife Refuge (refuge). We will also 

prepare an environmental impact 

statement (EIS) to evaluate the potential 

effects of various CCP alternatives. We 

provide this notice in compliance with 

our CCP policy to advise the public, 

other Federal and State agencies, and 

Tribes of our intentions, and to obtain 

suggestions and information on the 

scope of issues to consider during the 

planning process. 

DATES: To ensure consideration, we 

must receive your written comments by 

October 15, 2009. We will hold public 

meetings and will announce meeting 

details on the refuge’s Web site (see 

ADDRESSES). 

ADDRESSES: Additional information 

about the CCP planning process is 

available on the Internet at: http:// 

www.fws.gov/malheur. Send your 

comments or requests for information by 

any of the following methods. 

E-mail: 

FW1PlanningComments@fws.gov. 

Include ‘‘Malheur CCP’’ in the subject 

line of the message. 

Fax: Attn: Tim Bodeen, (541) 493– 

2405. 

U.S. Mail: Tim Bodeen, Project 

Leader, Malheur National Wildlife 

Refuge, 36391 Sodhouse Lane, 

Princeton, OR 97221. 

FOR FURTHER INFORMATION CONTACT: Tim 

Bodeen, Project Leader, Malheur 

National Wildlife Refuge, phone (541) 

493–2612. 

SUPPLEMENTARY INFORMATION: 

Background 

The CCP Process 

The National Wildlife Refuge System 

Administration Act of 1966, as amended 

by the National Wildlife Refuge System 

Improvement Act of 1997 (16 U.S.C. 

668dd–668ee) (Administration Act), 

requires us to develop a CCP for each 

national wildlife refuge. The purpose for 

developing a CCP is to provide refuge 

managers with a 15-year plan for 

achieving refuge purposes and 

contributing toward the mission of the 

National Wildlife Refuge System, 

consistent with sound principles of fish 

and wildlife management, conservation, 

legal mandates, and our policies. In 

addition to outlining broad management 

direction on conserving wildlife and 

their habitats, CCPs identify wildlifedependent recreational opportunities 

available to the public, including 

opportunities for hunting, fishing, 

wildlife observation and photography, 

and environmental education and 

interpretation. We will review and 

update the CCP at least every 15 years 

in accordance with the Improvement 

Act. 

Each unit of the National Wildlife 

Refuge System was established for 

specific purposes. We use these 

purposes as the foundation for 

developing and prioritizing the 

management goals and objectives for 

each refuge within the National Wildlife 

Refuge System mission, and to 

determine how the public can use each 

refuge. The planning process is a way 

for us and the public to evaluate 

management goals and objectives that 

will ensure the best possible approach 

to wildlife, plant, and habitat 

conservation, while providing for 

wildlife-dependent recreation 

opportunities that are compatible with 

each refuge’s establishing purposes and 

the mission of the National Wildlife 

Refuge System. 

Our CCP planning process provides 

participation opportunities for Tribal, 

State, and local governments; agencies; 

organizations; and the public. At this 


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Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices 31047 

time we encourage input in the form of 

issues, concerns, ideas, and suggestions 

for the future management of Malheur 

Refuge. The Service will manage the 

refuge’s CCP process to maximize 

opportunities for public involvement 

and dialogue to help inform our 

decision-making. The Service will 

contract with the Oregon Consensus 

Program (OCP), a State-funded agency 

that assists public agencies and others 

in convening collaborative processes. 

The OCP will work with interested 

organizations, including the High Desert 

Partnership, a neutral, non-profit, and 

non-partisan organization that addresses 

challenges in Harney County, Oregon, to 

engage government agencies, non-profit 

groups, and interested individuals 

throughout the planning process to 

provide expertise, information, and 

feedback to the Service. Our intent is to 

develop a CCP that is consistent with 

refuge system law and policy and 

supported by the diverse parties with 

interests in the refuge. 

We will conduct the environmental 

review of this project and develop an 

EIS in accordance with the requirements 

of the National Environmental Policy 

Act of 1969, as amended (NEPA) (42 

U.S.C. 4321 et seq.); NEPA regulations 

(40 CFR parts 1500–1508); other 

appropriate Federal laws and 

regulations; and our policies and 

procedures for compliance with those 

laws and regulations. 

Malheur National Wildlife Refuge 

Malheur National Wildlife Refuge was 

established on August 18, 1908, by 

President Theodore Roosevelt as the 

Lake Malheur Bird Reservation. The 

refuge was originally set aside to 

prevent plume hunters from decimating 

colonial nesting bird populations. It 

protected unclaimed lands 

encompassed by Malheur, Mud, and 

Harney Lakes ‘‘as a preserve and 

breeding ground for native birds.’’ The 

refuge was expanded to include the 

Blitzen Valley in 1935 and the Double0 Unit in 1941. 

The refuge consists of over 187,000 

acres of open water (marsh, river, and 

stream), wetlands, springs, riparian 

areas, irrigated meadows and grain 

fields, and uplands. The uplands are 

dominated by big sagebrush, 

rabbitbrush, and greasewood 

interspersed with grasses, including 

basin wild rye and desert saltgrass. 

Practices to manage and improve 

habitat on the refuge include vegetation 

manipulation through haying, burning, 

flooding, irrigation, farming, and 

grazing; and water management through 

flooding and drainage. Wetland and 

meadow habitat management is 

accomplished by pooling water behind 

a series of dams; the water is then 

diverted via canals into numerous 

meadows and wetlands. In the Blitzen 

River Unit, some of the water returns to 

the Blitzen River by surface sheet flow, 

return flow pipes or ditches, or 

subsurface seepage. 

Malheur Lake is one of the largest 

freshwater marshes in the country. The 

floor of the lake is only 8 feet below the 

surface at its deepest point. Together 

with the adjacent water bodies of 

Harney and Mud Lakes, Malheur Lake is 

the endpoint of an inland basin fed by 

waters from the Blitzen River, Silvies 

River, and Silver Creek. With its 

abundance of water in an otherwise arid 

landscape, the refuge attracts a 

significant portion of the Pacific 

Flyway’s bird population during spring 

migration. The Audubon Society 

designated the refuge an Important Bird 

Area. Breeding season highlights 

include: 

• Up to 20 percent of the world’s 

population of White-faced Ibis; 

• The highest known densities of 

Willow Flycatcher; 

• One of the highest Breeding Bird 

Survey counts for the Brewer’s Sparrow; 

• Breeding populations of Western 

Snowy Plover (400 individuals), Longbilled Curlew, Franklin’s Gull, Shorteared Owl, Greater Sage-Grouse, 

Bobolink, and Trumpeter Swan; 

• Significant populations of 

American White Pelican, Cinnamon 

Teal, Redhead, and Greater Sandhill 

Crane (the latter being 20 percent of 

Oregon’s breeding population); 

• Up to 1,300 pairs of nesting 

Franklin’s Gulls; 

• Breeding Forster’s Terns, up to 350 

pairs of nesting Caspian Terns, and up 

to 6,000 nesting Black Terns; 

• 100–600 pairs of nesting Great Blue 

Herons and similar numbers of Great 

Egrets, and more than 200 pairs of 

nesting Snowy Egrets; and 

• Post-breeding concentrations of 

Ring-billed Gulls sometimes reaching 

25,000 in August. 

Migrant bird species highlights 

include: 

• Passage of up to half of the world’s 

population of Ross’ geese; 

• A significant proportion of the total 

populations of green-winged teal, 

American wigeon, northern shoveler, 

northern pintail, canvasback, and ruddy 

duck; 

• Hundreds of thousands of 

waterfowl (including up to 100,000 

snow geese; 15,000 green-winged teal; 

15,000 mallards; 250,000 northern 

pintail; 250,000 northern shovelers; 

4,000 canvasbacks; 2,000 ring-necked 

ducks; 5,000 lesser scaup; and 50,000 

ruddy ducks); and 

• Concentrations of up to 25,000 

western sandpipers; 350 pectoral 

sandpipers; 35,000 long-billed 

dowitchers; 15,000 Wilson’s phalaropes; 

15,000 American avocets; and 200 

black-necked stilts. 

The refuge provides hunting, fishing, 

wildlife viewing and photography, 

interpretation, and limited 

environmental education. Because there 

are a limited number of trails, most 

viewing and interpretation occurs from 

the refuge’s auto tour route. An 

unsigned portion of the National Desert 

Scenic Trail crosses the refuge. 

Waterfowl hunting is available on 

approximately half of Malheur Lake. 

Upland bird hunting is available on 

approximately one quarter of the 

refuge’s acreage. Fishing is allowed on 

Krumbo Reservoir, the Blitzen River, 

Bridge Creek, and the East Canal. 

Preliminary Issues, Concerns, and 

Opportunities 

We identified the following 

preliminary wildlife and habitat issues 

for consideration during the planning 

process: Decreased populations of 

colonial nesting birds and waterfowl 

compared to historic levels; carp 

infestation in the lakes, wetlands, and 

rivers adversely affecting habitat for 

colonial nesting waterbirds, waterfowl, 

native fish, and invertebrates; degraded 

water quality and quantity in the Blitzen 

River; degraded stream and riparian 

condition of the Blitzen River and 

tributaries; the presence and spread of 

aggressive noxious weeds such as 

perennial pepperweed and reed canary 

grass; achieving desired plant 

composition and structure in meadow 

habitats for target wildlife species; 

maintaining redband trout and other 

native fishes; and the potential effect of 

climate change on refuge habitats and 

species. 

We identified the following 

preliminary public use issues for 

consideration during the planning 

process: Adequacy of access and 

facilities for all of the wildlifedependent uses; opportunities to 

expand programs; impacts of public use 

programs on natural and cultural 

resources and refuge visitors; 

management of commercial outfitters or 

guides; and management of non-wildlife 

dependent uses. 

In addition to wildlife, habitat, and 

public use issues, we will conduct a 

new wilderness review as part of this 

CCP/EIS. In 1973 we made a 

recommendation to designate 30,000 

acres around Harney Lake as 

wilderness. In the new review we will 


sroberts on PROD1PC70 with NOTICES
31048 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices 

identify whether some or all of the areas 

proposed in 1973 still meet wilderness 

recommendation criteria, and if there 

are other refuge areas could meet the 

criteria. 

Proper conservation, management, 

and interpretation of the refuge’s 

cultural resources, including 

archaeological sites and historic 

buildings, constitute an additional 

management issue. Additional issues 

may be identified during public 

scoping. 

Public Availability of 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 to withhold it 

from public review, we cannot 

guarantee we will be able to do so. 

Dated: May 22, 2009. 

David J. Wesley, 

Acting Regional Director, Region 1, Portland, 

Oregon. 

[FR Doc. E9–15271 Filed 6–26–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Residential Lead-Based 

Paint Hazard Reduction Act 

Notice is hereby given that on June 

18, 2009 a proposed Consent Decree in 

United States v. Carmen Neapolitan, 

Civil Action No. 4:09CV1396 was 

lodged with the United States District 

Court for the Northern District of Ohio. 

The consent decree settles claims 

against the owner of twenty-five 

residential properties located in or near 

Youngstown, Ohio. The claims were 

brought on behalf of the Environmental 

Protection Agency (‘‘U.S. EPA’’) and the 

Department of Housing and Urban 

Development (‘‘HUD’’) under the 

Residential Lead-Based Paint Hazard 

Reduction Act, 42 U.S.C. 4851 et seq. 

(‘‘Lead Hazard Reduction Act’’). The 

United States alleged in the complaint 

that the Defendant failed to make one or 

more of the disclosures or to complete 

one or more of the disclosure activities 

required by the Lead Hazard Reduction 

Act. 

Under the Consent Decree, the 

Defendant will certify that it is 

complying with residential lead paint 

notification requirements. The 

Defendant will submit a plan for 

window replacement work and will 

replace all windows known to or 

believed to contain lead-based paint in 

all residential properties owned by 

Defendant that are not certified leadbased paint free. In addition, Defendant 

will pay an administrative penalty of 

$2,000. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Proposed Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to U.S. Department of Justice, 

Washington, DC 20044–7611, P.O. Box 

7611, U.S. Department of Justice, 

Washington, DC 20044–7611, and 

should refer to United States v. Carmen 

Neapolitan, D.J. Ref. #90–5–1–1–09432. 

The Proposed Consent Decree may be 

examined at the Department of Housing 

and Urban Development, Office of 

General Counsel, 451 7th St., NW., 

Room 9262, Washington, DC 20410; at 

the office of the United States Attorney 

for the Northern District of Ohio, 801 

West Superior Avenue, Suite 400, 

Cleveland, Ohio 44113 (Attn: Assistant 

United States Attorney Michelle L. 

Heyer); and at U.S. EPA Region 5, 77 W. 

Jackson Blvd., Chicago, IL 60604. 

During the public comment period, the 

Consent Decree may also be examined 

on the following Department of Justice 

Web site, to http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $8.00 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–15257 Filed 6–26–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Amendment to Consent Decree Under 

the Clean Water Act 

Notice is hereby given that on June 

23, 2009, a proposed Consent Decree, 

pertaining to United States and State of 

Minnesota v. City of Duluth, Minnesota 

and the Western Lake Superior Sanitary 

District, Civ. No. 09–cv–1590, was 

lodged with the United States District 

Court for the District of Minnesota. 

In this action, the United States and 

the State seek civil penalties and 

injunctive relief for alleged violations of 

the Federal Water Pollution Control Act 

(also known as the Clean Water Act), 33 

U.S.C. 1251, et seq., applicable 

provisions of Minn. Stat. section 115 

and Minnesota Rules, and certain terms 

and conditions of a National Pollution 

Discharge Elimination System/State 

Disposal System permit that MPCA 

issued jointly to Duluth and WLSSD, in 

connection with alleged wastewater 

discharges, into waters of the United 

States and the State, from a sanitary 

sewer system which is jointly owned 

and operated by Duluth and WLSSD. 

The proposed Consent Decree would 

require the Defendants, by 2016, to 

complete a variety of programs and 

capital improvements, which are 

expected to cost a total of approximately 

$130 million, and are intended to 

eliminate sanitary sewer overflows. The 

Decree also would require WLSSD and 

the City each to pay the United States 

$106,000 and the State $94,000 in civil 

penalties (total civil penalty is 

$400,000). 

The Department of Justice will 

receive, for a period of thirty (30) days 

from the date of this publication, 

comments relating to the Consent 

Decree. Comments should be addressed 

to the Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States and State of Minnesota v. City of 

Duluth, Minnesota and the Western 

Lake Superior Sanitary Commission, 

D.J. Ref. 90–5–1–1–08428. The proposed 

Consent Decree may be examined at the 

Office of the United States Attorney for 

the District of Minnesota, 600 U. S. 

Courthouse, 300 South Fourth Street, 

Minneapolis, Minnesota 55415 (contact 

Asst. U.S. Attorney Fred Siekert (612– 

664–5697)), and at U.S. EPA Region 5, 

7th Floor Records Center, 77 West 

Jackson Blvd., Chicago, Illinois 60604 

(contact Assoc. Regional Counsel 


sroberts on PROD1PC70 with NOTICES