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54922 Federal Register / Vol. 72, No.

187 / Thursday, September 27, 2007 / Notices

only. The refuge would work with gather information necessary to prepare Background
partners to facilitate the voluntary use of an Environmental Impact Statement The Service together with the Bureau
approved disposal sites for human (EIS) regarding the proposed Virgin of Land Management, City of Mesquite,
waste. Guided motorized access to the River Habitat Conservation and Clark County, National Park Service,
North Fork Goodnews River would be Recovery Program (VRHCRP) and Nevada Department of Wildlife,
limited from current maximum issuance of an incidental take permit Southern Nevada Water Authority, and
allowable levels but would be above (Permit) for endangered and threatened Virgin Valley Water District propose to
current use levels. species in accordance with section 10(a) develop the VRHCRP. The intent of the
Alternative D: This alternative would of the Endangered Species Act of 1973, VRHCRP is to provide a recovery
provide additional opportunities for as amended (Act). The intent of the strategy for five species in the Lower
commercially guided recreation VRHCRP is to provide a recovery Virgin River Basin: Virgin River chub
throughout the refuge. At Cape Peirce, strategy for five species in the Lower (Gila seminuda), woundfin (Plagopterus
opportunities for visiting the area would Virgin River Basin. The VRHRCP would argentissimus), southwestern willow
be doubled from current levels and be used as a tool when conducting flycatcher (Empidonax traillii extimus),
would be commercially guided. future section 7 consultations, Yuma clapper rail (Rallus longirostris
Unguided recreation on the Kanektok implementing recovery actions and yumanensis), and yellow-billed cuckoo
and Goodnews rivers would remain preparing habitat conservation plans for (Coccyzus americanus). Species may be
unrestricted. Additional commercial new and existing development. added or deleted during the course of
sport fishing guide opportunities would We provide this notice to: (1) Describe the development of the VRHCRP based
be provided on the Goodnews, Togiak, the proposed action and possible on further analysis, new information,
Osviak, and Matogak rivers. alternatives; (2) advise other Federal agency consultation, and public
Alternative E: This alternative would and State agencies, affected tribes, and comment. The VRHRCP would be used
reduce the level of use on the Kanektok the public of our intent to prepare an by the participating agencies as a tool
and Goodnews rivers and implement a EIS; (3) announce the initiation of a 30- when conducting future section 7
human waste pack out program on the day public scoping period; and (4) consultations, implementing recovery
Kanektok River. It would also provide obtain suggestions and information on actions and preparing habitat
additional opportunities for public use the scope of issues to be included in the conservation plans.
at Cape Peirce. Commercial sport fishing EIS. The area to be addressed within the
guide opportunities would be continued DATES: Written comments from all proposed VRHCRP would be all lands
at current levels. interested parties must be received on or within the the 100-year floodplain of the
Public Availability of Comments before October 29, 2007. Public Virgin River and its tributaries
meetings will be held on October 16 and (including ephemeral washes) from the
Before including your name, address, 17, 2007 from 4 to 6 p.m. Mesquite Diversion (located
phone number, e-mail address, or other ADDRESSES: The public meetings will be approximately 2 miles upstream of the
personal identifying information in your held at the following locations: October Nevada/Arizona border) to the
comment, you should be aware that 16, 2007 from 4 to 6 p.m. at the Federal confluence of Lake Mead, as defined by
your entire comment—including your Interagency Building, 4701 North Torrey a line from the southern end of Lower
personal identifying information—may Pines Dr., Las Vegas, NV 89130; and Mormon Mesa, through Fish Island, to
be made publicly available at any time. October 17, 2007 from 4 to 6 p.m. at Little Bitter Wash. In addition, some
While you can ask us in your comment Mesquite City Hall, 10 East Mesquite recovery actions may be expanded to
to withhold your personal identifying Blvd., Mesquite, NV 89027. include all land within the 100-year
information from public review, we Information, written comments, or floodplain of the Virgin River and its
cannot guarantee that we will be able to questions related to the preparation of tributaries from the Mesquite Diversion
do so. the EIS and NEPA process should be upstream to the base of the Virgin River
Dated: September 21, 2007. sent to Robert D. Williams, Field Gorge in Arizona or to the location of
Thomas O. Melius, Supervisor, Nevada Fish and Wildlife the future non-native fish barrier to be
Regional Director, U.S. Fish & Wildlife Office, Fish and Wildlife Service, 4701 established by the Virgin River Resource
Service, Anchorage, Alaska. North Torrey Pines Dr., Las Vegas, NV Management and Recovery Program
[FR Doc. E7–19086 Filed 9–26–07; 8:45 am] 89130; or fax (702) 515–5231. (Utah program).
BILLING CODE 4310–55–P FOR FURTHER INFORMATION CONTACT: The VRHCRP would contain a habitat
Amy LaVoie, Nevada Fish and Wildlife conservation plan (HCP) for the City of
Office, Fish and Wildlife Service, 4701 Mesquite and Clark County (Permit
DEPARTMENT OF THE INTERIOR North Torrey Pines Dr., Las Vegas, Applicants). The HCP would result in
Nevada 89130, or at (702) 515–5230. take authorization for otherwise lawful
Fish and Wildlife Service SUPPLEMENTARY INFORMATION: actions, such as municipal and private
development that may incidentally take
Virgin River Habitat Conservation and Reasonable Accommodation or harm animal species or their habitats
Recovery Program, Clark County, NV Persons needing reasonable within the HCP area. Conservation
AGENCY: Fish and Wildlife Service, accommodations in order to attend and measures to offset the effects on the
Interior. participate in the public meeting should covered species from proposed
ACTION: Notice of intent to prepare an contact Amy LaVoie (See ADDRESSES) at development activities would be
environmental impact statement (EIS) (702) 515–5230 as soon as possible. In developed and implemented. The
and notice of public meetings. order to allow sufficient time to process applicants propose to expand the city
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requests, please call no later than one limits of Mesquite and unincorporated
SUMMARY: Pursuant to the National week before the public meeting. Clark County in and near the township
Environmental Policy Act (NEPA), the Information regarding this proposed or area of Bunkerville and Riverside,
Fish and Wildlife Service (Service), action is available in other formats upon and implement conservation measures
advises the public that we intend to request. for the resulting development activities,

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Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices 54923

along with existing activities currently requirements of NEPA (42 U.S.C. 4321 DEPARTMENT OF THE INTERIOR
undertaken by the Permit Applicants et seq.), its implementing regulations
with the potential to affect federally (40 CFR parts 1500–1508), other Bureau of Indian Affairs
listed species. These activities may applicable regulations, and Service
include new and existing development Land Acquisitions; Shakopee
procedures for compliance with those
activities in upland and riparian areas; Mdewakanton Sioux Community
regulations. This notice is being
ongoing water supply and flood control furnished in accordance with 40 CFR AGENCY: Bureau of Indian Affairs,
activities; ongoing agricultural and Section 1501.7 and 1508.22 to obtain Interior.
livestock practices; and the ongoing suggestions and information from other ACTION: Notice of final agency
management of trails, parks, and open agencies and the public on the scope of determination to take land into trust
spaces. The Permit Applicants intend to under 25 CFR part 151.
issues and alternatives to be addressed
request a Permit for incidental take of
federally listed threatened or in the EIS. The primary purpose of the
SUMMARY: The Assistant Secretary—
endangered species, as well as other scoping process is to identify important
Indian Affairs, U.S. Department of the
species identified in the VRHCRP. issues raised by the public related to the Interior has made a final determination
Section 9 of the Act and Federal proposed action. Written comments to acquire real property ‘‘in trust’’ for
regulations prohibit the ‘‘take’’ of from interested parties are invited to the Shakopee Mdewakanton Sioux
wildlife species listed as endangered or ensure that the full range of issues Community.
threatened (16 U.S.C. 1538). The Act related to the permit application is
FOR FURTHER INFORMATION CONTACT: Ms.
defines the term ‘‘take’’ as: To harass, identified. Comments will only be
Vicki Forrest, Deputy Director of Trust
harm, pursue, hunt, shoot, wound, kill, accepted in written form. You may
trap, capture or collect listed species, or Services, Bureau of Indian Affairs, 1849
submit written comments by mail,
to attempt to engage in such conduct (16 C Street, NW., MS 4620–MIB,
facsimile transmission, or in person (see Washington, DC 20240; telephone: 202–
U.S.C. 1532). Harm includes significant ADDRESSES). All comments received,
habitat modification or degradation that 208–5831.
including names and addresses, will
actually kills or injures listed wildlife SUPPLEMENTARY INFORMATION: This
become part of the official notice is published to comply with the
by significantly impairing essential administrative record and may be made
behavioral patterns, including breeding requirement of 25 CFR 151.12(b) that
available to the public. notice be given to the public of the
feeding, and sheltering [50 CFR 17.3(c)].
Pursuant to section 10(a)(1)(B) of the Our practice is to make comments, decision by the authorized
Act, we may issue permits to authorize including names, home addresses, home representative of the Secretary of the
‘‘incidental take’’ of listed species. phone numbers, and e-mail addresses of Interior to acquire land ‘‘in trust’’ at
‘‘Incidental take’’ is defined by the Act respondents, available for public least 30 days prior to signatory
as take that is incidental to, and not the review. Individual respondents may acceptance of land ‘‘in trust’’. The
purpose of, carrying out an otherwise request that we withhold their names purpose of the 30-day waiting period is
lawful activity. Regulations governing and/or homes addresses, etc., but if you to afford interested parties the
permits for threatened species and wish us to consider withholding this opportunity to seek judicial review of
endangered species, respectively, are at information you must state this administrative decisions to take land
50 CFR 17.32 and 50 CFR 17.22. prominently at the beginning of your ‘‘in trust’’ for Tribes or individual
comments. In addition, you must Indians before transfer of title to the
Environmental Impact Statement properties occurs. On June 7, 2007, the
present a rationale for withholding this
The EIS will consider the proposed Assistant Secretary—Indian Affairs
information. This rationale must
action, no action, and a reasonable range issued a Notice of Decision to accept
of alternatives. A detailed description of demonstrate that disclosure would
approximately 752.41 acres of land ‘‘in
the proposed action and alternatives constitute a clearly unwarranted
trust’’ for the Shakopee Mdewakanton
will be included in the EIS. Alternatives invasion of privacy. Unsupported Sioux Community under the authority
considered for analysis in an EIS may assertions will not meet this burden. In of Section 5 of the Indian
include variations in the scope of the absence of exceptional, Reorganization Act of 1934, 25 United
proposed activities; variations in the documentable circumstances, this States Code (U.S.C.) 465.
location, amount, and types of information will be released. We will The Assistant Secretary—Indian
conservation measures and/or recovery always make submissions from Affairs, on behalf of the Secretary of the
actions; variations in activity duration; organization or businesses, and from Interior, shall acquire title in the name
or a combination of these elements. In individuals identifying themselves as of the United States of America in trust
addition, the EIS will identify representatives of or officials of for Shakopee Mdewakanton Sioux
potentially significant direct, indirect, organizations or businesses, available Community no sooner than 30 days after
and cumulative impacts on biological for public inspection in their entirety. the initial date this notice is published
resources, land use, air quality, water in the Federal Register.
Dated: September 21, 2007.
quality, water resources, socioeconomic The land is referred to as Parcels 1, 2,
conditions, and other environmental Ken McDermond, 3 & 4, herein and is described as:
issues that could occur with Deputy Manager, California/Nevada
752.41 Acres—Fourth Principal Meridian,
implementation of the proposed action Operations Office, Sacramento, California.
Scott County, Minnesota
or other alternatives. For all potentially [FR Doc. 07–4781 Filed 9–26–07; 8:45 am]
SMSC Trust Acquisition
significant impacts, the EIS identifies BILLING CODE 4310–55–M PARCEL NUMBER 1
avoidance, minimization, and
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Legal Description excluding land


mitigation measures to reduce these transferred to Scott County.
impacts, where feasible, to a level below Containing 569.01 acres more or less.
significance. Parcel 1: The West Half of the Southwest
Environmental review of the EIS will Quarter of Section 15, Township 115, Range
be conducted in accordance with the 22, Scott County, Minnesota.

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