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11024 Federal Register / Vol. 70, No.

43 / Monday, March 7, 2005 / Notices

which can be issued for any category of will prepare the EIS/EIR, the Service, as (issues to be addressed will include
activities involving discharges of the NEPA Lead Agency, will be land use, traffic, air quality, cultural
dredged or fill material if the Corps responsible for the purpose, need, scope resources, water resources, and
makes certain determinations (33 U.S.C. and content of the document for NEPA biological resources); and (5)
1344(e)). Regulations concerning purposes, and the Corps and NOAA will consideration of cumulative impacts.
processing of Corps permits are at 33 be Cooperating Agencies for NEPA. The Environmental review of the PCCP
CFR part 325. Corps regulations County, as the CEQA Lead Agency, will will be conducted in accordance with
promulgated under the CWA define be responsible for the scope and content the requirements of NEPA (42 U.S.C.
dredged or fill material in detail at 33 of the document for CEQA purposes. 4321 et seq.), its implementing
CFR 323.2. Responsible Agencies for CEQA regulations (40 CFR 1500–1508), other
purposes include CDFG, the permitting applicable regulations, and Service and
Non-Federal Actions Included in PCCP
entity pursuant to California Fish and NOAA procedures for compliance with
A Natural Community Conservation Game Codes 1600 and 2835, and those regulations. We are publishing
Plan (NCCP) is being incorporated into Regional Water Quality Control Board, this notice in accordance with section
the PCCP in coordination with the the permitting entity pursuant to 1501.7 of NEPA to obtain suggestions
California Department of Fish and Game Section 401 of the CWA. and information from other agencies
(CDFG) under the State of California’s The EIS/EIR will consider the and the public on the scope of issues
Natural Community Conservation proposed action, the issuance of an ESA and alternatives to be addressed in the
Planning Act (NCCPA). The Applicants incidental take permit, no action (no EIS/EIR. The primary purpose of the
are expected to pursue an incidental permit), and a reasonable range of scoping process is to identify important
take authorization from CDFG in alternatives. A detailed description of issues raised by the public, related to
accordance with section 2835 of the the proposed action and alternatives the proposed action of issuing the ESA
NCCPA. The California Endangered will be included in the EIS/EIR. The permit for the PCCP. Written comments
Species Act (CESA) prohibits the ‘‘take’’ alternatives to be considered for from interested parties are invited to
of wildlife species listed as endangered analysis in the EIS/EIR may include: ensure that the full range of issues
or threatened by the California Fish and Variations of the geographical coverage related to the permit request is
Game Commission (California Fish and of the permits, variations in the amount identified. Comments will only be
Game Code, section 2080). The CESA and type of conservation; variations of accepted in written form. You may
defines the term ‘‘take’’ as: Hunt, the scope or type of covered activities or submit written comments by mail,
pursue, catch, capture or kill, or attempt covered species; variations in permit facsimile transmission, or in person (see
to engage in such conduct (California duration; variations on the types of ADDRESSES). All comments received,
Fish and Game Code, section 86). Federal and State permits issued under including names and addresses, will
Pursuant to section 2835 of the NCCPA the program; no project/no action; or, a become part of the official
(California Fish and Game Code section combination of these elements. administrative record and may be made
2835), CDFG may issue a permit that The EIS/EIR will also identify available to the public.
authorizes the take of any CESA listed potentially significant impacts on
species or other species whose biological resources, land use, air Dated: March 1, 2005.
conservation and management is quality, water quality, mineral Ken McDermond,
provided for in a CDFG-approved NCCP. resources, water resources, economics, Deputy Manager, California/Nevada
The Applicants are also expected to and other environmental resource issues Operations Office, Sacramento, California.
apply to CDFG for a Master Streambed that could occur directly or indirectly [FR Doc. 05–4316 Filed 3–4–05; 8:45 am]
Alteration Agreement (California Fish with implementation of the proposed BILLING CODE 4310–55–P
and Game Code, section 1600); and to action and alternatives. For all
apply to the Regional Water Quality potentially significant impacts, the EIS/
Control Board for CWA Section 401 EIR will identify mitigation measures DEPARTMENT OF THE INTERIOR
water quality certification in where feasible to reduce these impacts
compliance with the California Porter- to a level below significance. Bureau of Indian Affairs
Cologne Water Quality Control Act. The following primary issues are to be
addressed during the scoping and Grant Availability to Federally-
Although the EIS will analyze the
planning process for the PCCP and EIS/ Recognized Indian Tribes for Projects
environmental impacts associated with
EIR: (1) The determination of potential Implementing Traffic Safety on Indian
all of the activities in the PCCP, the
effects of each alternative on species Reservations
focus of our decision based on this EIS
will be effects to proposed covered and natural communities covered under AGENCY: Bureau of Indian Affairs,
species and the issuance of the Services’ the proposed HCP/NCCP; (2) Interior.
ESA permits. Pursuant to the California consideration of whether the level and ACTION: Notice.
Environmental Quality Act (CEQA), a extent of urban development defined
separate Notice of Preparation for the under each alternative can be SUMMARY: In accordance with the
EIR will be posted by the County and adequately mitigated within the lands in Surface Transportation and Uniform
issued through the California State the conservation opportunity area; (3) Relocation Assistance Act of 1987, and
Clearinghouse concurrently with this consideration of whether an adequate as authorized by the Secretary of
Notice. system of reserves can be established in Transportation, the Bureau of Indian
the conservation area and whether such Affairs intends to make funds available
Environmental Impact Statement/ a reserve system will support habitat of to federally-recognized Indian tribes on
Report covered species equal to or greater than an annual basis for implementing traffic
Jones and Stokes Associates has been the habitat lost from urban safety projects, which are designed to
selected to prepare the EIS/EIR. The development; (4) determination of reduce the number of traffic crashes,
joint document will be prepared in whether the direct and indirect impacts deaths, injuries and property damage
compliance with NEPA and CEQA. of covered urban development and other within Indian country. Because of the
Although Jones and Stokes Associates activities will be adequately mitigated limited funding available for this

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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices 11025

project, all projects will be reviewed (DSRM), located in Albuquerque, New restraints, STEPs, specialized training
and selected on a competitive basis. Mexico. The Chief, DSRM, as Program (such as Operation Kids, Traffic
This notice informs Indian tribes that Administrator of the Indian Highway Occupant Protection Strategies (TOPS),
grant funds are available and that the Safety Program, has staff members and Standardized Child Passenger
information packets are forthcoming. available to provide program and Safety Technician), and evaluations.
Information packets will be distributed technical assistance to the Indian tribes. (5) Traffic Records. Conduct
to all tribal leaders on the latest tribal The Indian Highway Safety Program assessments, analyze vehicular crash
leaders list that is complied by the maintains contacts with the DOT with occurrences and causal factors and
Bureau of Indian Affairs. respect to program approval, funding support joint efforts with other agencies
DATES: Requests for funds must be and receiving technical assistance. DOT, to improve the tribe’s traffic records
received by May 1 of each program year. through the National Highway Traffic system.
Requests not received in the office of the Safety Administration (NHTSA), is (6) Motorcycle Safety. Public
Indian Highway Safety Program by close responsible for ensuring that the Indian education and motorcycle operator
of business on May 1 will not be Highway Safety Program is carried out training.
considered. The information packets in accordance with 23 CFR part 1200 (7) Safe Communities. Problem
will be distributed by the end of January and other applicable Federal statutes identification, data collection, plan
of each program year. and regulations. development, and program
implementation.
ADDRESSES: Each tribe must submit their National Priority Program Areas (8) School Bus Safety. School bus
request to the Bureau of Indian Affairs,
The following highway safety transportation administrator support,
Division of Safety and Risk
program areas have been identified as school bus driver education and
Management, Attention: Indian
eligible for funding under 23 CFR part training.
Highway Safety Program Coordinator, (9) Pedestrian/Bicycle Safety. Traffic
201 3rd Street, NW., Suite 310, 1205 based on an identifiable traffic
safety problem on tribal lands: law enforcement, public education and
Albuquerque, NM 87102.
• Alcohol Countermeasures. community programs.
FOR FURTHER INFORMATION CONTACT:
• Police Traffic Services. Project Guidelines
Tribes should direct questions on the • Occupant Protection.
grant program to Patricia Abeyta, • Traffic Records. BIA will send information packets to
Coordinator, Indian Highway Safety • Emergency Medical Services. the Tribal Leader of each federally-
Program or to Charles L. Jaynes, • Safe Communities. recognized Indian tribe by the end of
Program Administrator, Bureau of • Motorcycle Safety. January of each program year. On
Indian Affairs, 201 3rd Street, NW., • Pedestrian and Bicycle Safety. receiving the information packet, each
Suite 310, Albuquerque, New Mexico • Speed Control. tribe, to be eligible, must prepare a
87102; Telephone: (505) 245–2104. proposed project based on the following
Highway Safety Program Funding
SUPPLEMENTARY INFORMATION: guidelines:
Areas (1) Program Planning. Program
Background Proposals are being solicited for the planning must be based upon the
The Federal-Aid Highway Act of 1973 following program areas: highway safety problems identified and
(Pub. L. 93–87) provides for U.S. (1) Police Traffic Services. Selective the goals/objectives measures selected
Department of Transportation (DOT) traffic enforcement projects (STEPs) to by the tribe.
funding to assist Indian tribes in enforce posted speed limits, apprehend (2) Problem Identification. Highway
implementing Highway Safety projects. reckless drivers and other traffic law traffic safety problems must be based on
The projects must be designed to reduce violations, and specialized training for tribal data. County data or other data not
the number of traffic crashes and their traffic law enforcement officers and specific to the tribe will not be accepted.
resulting fatalities, injuries, and judicial system officials. This data should be sufficient enough to
property damage within Indian (2) Alcohol Countermeasures. STEPs show problems and/or trend analysis.
reservations. All federally-recognized to apprehend impaired drivers, This data should be available in tribal
Indian tribes on Indian reservations are specialized law enforcement training enforcement and traffic crash records.
eligible to receive this assistance. All (such as Standardized Field Sobriety The problem identification process may
tribes receiving awards of program Testing), public information programs be aided by using professional studies,
funds are reimbursed for eligible costs on alcohol/other drug use and driving, testing, and Indian Health Service. Data
incurred under the terms of 23 U.S.C. education programs for convicted DWI/ must accompany the funding request.
402 and subsequent amendments. DUI offenders and various youth alcohol (3) Countermeasures Selection. Once
education programs promoting traffic tribal traffic safety problems are
Responsibilities safety. Proposals for projects that identified, appropriate countermeasures
For purposes of application of the enhance the development and to solve or reduce the problem(s) must
Act, Indian reservations are collectively implementation of innovative programs be identified. The tribe should consider
considered a ‘‘State’’ and the Secretary to combat impaired driving are also the overall cost of the countermeasures
of the Interior is considered the solicited. versus their possible effect on the
‘‘Governor of a State.’’ The Secretary of (3) Emergency Medical Services. problem.
the Interior delegated the authority to Traffic safety related training primarily (4) Objectives/Performance Indicator.
administer the programs for all the for rural emergency medical service A list of objectives and measurable
Indian Nations in the United States to providers, public education, and injury highway safety goals, within the
the Assistant Secretary—Indian Affairs. prevention. National Priority Program Areas, based
The Assistant Secretary—Indian Affairs (4) Occupant Protection. Surveys to on highway safety problems identified
further delegated the responsibility for determine usage rates and to identify by the tribe, must be included in each
administration of the Indian Highway high-risk non-users, comprehensive proposal, expressed in clearly defined,
Safety Program to the Central Office, programs to promote correct usage of time-framed, and measurable terms.
Division of Safety and Risk Management child safety seats and other occupant Each goal must be accompanied by at

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11026 Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices

least one performance indicator that Submission Deadline Uniform Administrative Requirements
enables the Indian Highway Safety Each tribe must send its funding for Grant-in-Aid
Program to track progress, from a request to the BIA Indian Highway Uniform grant administration
specific baseline, towards meeting the Safety Program office in Albuquerque, procedures have been established on a
goal (e.g., a goal to ‘‘increase safety belt New Mexico. The Indian Highway national basis for all grant-in-aid
use from XX percent in 2003 to YY Safety Program office must receive the programs by DOT/NHTSA under 49
percent in 2004,’’ using a performance request by close of business May 1 of CFR part 18, ‘‘Uniform Administrative
measure of ‘‘percent of restrained each program year. Requests for Requirements for Grants and
occupants in front outboard seating extensions to this deadline will not be Cooperative Agreements to State and
positions in passenger motor vehicles’’). granted. Modifications of the funding Local Governments.’’ NHTSA and
Performance measures should be request received after the close of the FHWA have codified uniform
aggressive but attainable. funding period will not be considered in procedures for State Highway Safety
(5) Budget Forma. The activities to be the review and selection process. Programs in 23 CFR parts 1200, 1205
funded will be outlined in detail and 1251. OMB Circular A–87 and the
according to the following object Selection Criteria
‘‘Highway Safety Grant Funding Policy
groups: Personnel services; travel; and Each funding request will be reviewed for NHTSA/FHWA Field-Administered
transportation; rent/communications; and evaluated by the BIA’s Indian Grants’’ are the established cost
printing and reproduction, other Highway Safety Program, Law principles applicable to grants and
services, equipment and training. Enforcement, Department of Education, contracts through BIA and with tribal
Equipment purchases $5,000 or more Office of Alcohol and Substance Abuse, governments. It is the responsibility of
require prior approval from NHTSA. and Division of Transportation staff. BIA’s Indian Highway Safety Program
Each object group must be quantified; Each staff member, by assigning points office to establish operating procedures
i.e., personnel activities should show to the following five criteria, will rank consistent with the applicable
number to be employed, hours to be each of the proposals based on the provisions of these rules.
employed, hourly rate of pay, etc. Each following criteria:
object group must have sufficient detail Criteria 1, the strength of the problem Standards for Financial Management
to show what is to be procured, unit identification based on verifiable, System
cost, quarter in which the procurement current and applicable documentation Tribal financial systems must provide:
is to be made, and the total cost, of the traffic safety problem (40 points (1) Current and complete disclosure of
including any tribal contribution to the maximum). project activities.
project. Because of limited funding, this Criteria 2, the quality of the proposed
(2) Accurate and timely
office will limit indirect costs to a solution plan based on aggressive but
recordkeeping.
maximum of 15 percent. attainable performance measures, time-
(3) Accountability and control of all
(6) Evaluation Plan. Evaluation is the framed action plan, cost eligibility,
grant funds and equipment.
process of determining whether a amount, if any, of in-kind funding/
(4) Comparison of actual expenditures
highway safety activity should be support provided by the tribe, and
with budgeted amounts.
undertaken, if it is being properly necessity and reasonableness of the
(5) Documentation of accounting
conducted, and if it has accomplished budget (30 points maximum).
Criteria 3, details on how the tribe records.
its objectives. The tribe must include in (6) Appropriate auditing of Highway
the funding request a plan explaining will evaluate and show progress on its
performance measures regarding the Safety Projects, which will be included
how the evaluation will be in the Tribal A–133 single audit
accomplished and identifying the Evaluation component (20 points
maximum). requirement.
criteria to be used in measuring Tribes will provide monthly program
performance. Criteria 4, supporting documentation
of the submitting tribe’s qualifications, status reports and a corresponding
(7) Technical Assistance. The Indian reimbursement claim to the
Highway Safety Program staff will be commitment, and community
involvement in traffic safety (10 points Coordinator, BIA Indian Highway Safety
available to tribes for technical Program, 201 3rd Street, NW., Suite 310,
assistance in developing of tribal maximum).
Criteria 5, tribes are eligible for bonus Albuquerque, New Mexico 87102. These
projects. will be submitted no later than 10 work
points (up to 10 extra points) if all
(8) Project Length. The traffic safety reporting requirements have been met in days beyond the reporting month.
program is designed primarily as the previous years.
source of invention and motivation, Project Monitoring
rather than as financially supporting Notification of Selection During the program year, it is the
continuing operations. The tribes selected to participate will responsibility of the BIA Indian
(9) Certification Regarding Drug-Free be notified by letter. Upon notification, Highway Safety Program office to
Workplace Requirement. Indian tribes each tribe selected must provide a duly review the implementation of tribal
receiving highway safety grants through authorized tribal resolution. The traffic safety plans and programs,
the Indian Highway Safety Program certification and resolution must be on monitor the progress of their activities
must certify that they will maintain a file before grant funds for the tribe can and expenditures, and provide technical
drug-free workplace. An individual be released. assistance as needed.
authorized to sign for the tribe or
reservation must sign the certification. Notification of Non-Selection Project Evaluation
The Department of Transportation must The Program Administrator will BIA will conduct an annual
receive the certification before it will notify each tribe of non-selection. The performance evaluation for each
release grant funds for that tribe or tribe will be provided the reason for Highway Safety Project. The evaluation
reservation. The certification must be non-selection. Non-selected proposals will measure the actual
submitted with the tribal Highway may be retained, with score sheets, for accomplishments to the planned
Safety Project proposal. 90 days. activity. BIA will evaluate the project

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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices 11027

on-site at the discretion of the Indian DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR
Highway Safety Program Administrator.
Dated: February 11, 2005. Bureau of Indian Affairs Minerals Management Service
David W. Anderson, Agency Information Collection
Indian Gaming
Assistant Secretary—Indian Affairs. Activities: Proposed Collection,
[FR Doc. 05–4367 Filed 3–4–05; 8:45 am] AGENCY: Bureau of Indian Affairs, Comment Request
BILLING CODE 4310–5H–P Interior. AGENCY: Minerals Management Service
Notice of Class III Gaming
ACTION: (MMS), Interior.
DEPARTMENT OF THE INTERIOR Amendment taking effect. ACTION: Notice of a revision of a
currently approved information
Bureau of Indian Affairs SUMMARY: Notice is given that the collection (OMB Control Number 1010–
Amendment to the Tribal-State Compact 0119).
Indian Gaming
between the St. Regis Mohawk Tribe
SUMMARY: To comply with the
AGENCY: Bureau of Indian Affairs, and the State of New York is considered
Interior. Paperwork Reduction Act of 1995
to have been approved and is in effect. (PRA), we are inviting comments on a
ACTION: Notice of Class III Gaming
EFFECTIVE DATE: March 7, 2005. collection of information that we will
Compact taking effect.
submit to the Office of Management and
FOR FURTHER INFORMATION CONTACT:
SUMMARY: Notice is given that the Budget (OMB) for review and approval.
George T. Skibine, Director, Office of The title of this information collection
Tribal-State Gaming Compact between
Indian Gaming Management, Office of request (ICR) is ‘‘30 CFR 208—Sale of
the Seneca-Cayuga Tribe and the State
of Oklahoma is considered approved the Deputy Assistant Secretary—Policy Federal Royalty Oil; Sale of Federal
and is in effect. and Economic Development, Royalty Gas; and Commercial Contracts
Washington, DC 20240, (202) 219–4066. (Forms MMS–4070, Application for the
EFFECTIVE DATE: March 7, 2005.
FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Under Purchase of Royalty Oil; MMS–4071,
George T. Skibine, Director, Office of Section 11 (d)(7)(D) of the Indian Letter of Credit; and MMS–4072,
Indian Gaming Management, Office of Gaming Regulatory Act of 1988 (IGRA), Royalty-in-Kind Contract Surety
the Deputy Assistant Secretary—Policy Pub. L. 100–497, 25 U.S.C. 2710, the Bond).’’ We changed the title of this ICR
and Economic Development, to clarify the regulatory language we are
Secretary of the Interior must publish in
Washington, DC 20240, (202) 219–4066. covering under 30 CFR part 208 and the
the Federal Register notice of any
Royalty-in-Kind (RIK) 5-Year Business
SUPPLEMENTARY INFORMATION: Under Tribal-State compact that is approved, Plan, and to reflect OMB consolidation
Section 11 (d)(7)(D) of the Indian or considered to have been approved for approval of five RIK-related ICRs. Those
Gaming Regulatory Act of 1988 (IGRA), the purpose of engaging in Class III ICRs were titled:
Pub. L. 100–497, 25 U.S.C. 2710, the gaming activities on Indian lands. The • 1010–0042: 30 CFR part 208—Sale
Secretary of the Interior must publish in Acting Principal Deputy Assistant of Federal Royalty Oil; Royalty-in-Kind
the Federal Register notice of any Secretary—Indian Affairs, Department (RIK) Program (Form MMS–4070,
Tribal-State compact that is approved, of the Interior, through his delegated Application for the Purchase of Royalty
or considered to have been approved for authority did not approve or disapprove Oil);
the purpose of engaging in Class III this Amendment before the date that is • 1010–0119: 30 CFR part 208—Sale
gaming activities on Indian lands. The 45 days after the date it was submitted. of Federal Royalty Oil, Royalty Oil Sales
Acting Principal Deputy Assistant Therefore, pursuant to 25 U.S.C. to Eligible Refiners (30 CFR 208.4(a) and
Secretary—Indian Affairs, Department (d));
2710(d)(7)(C), this Amendment is
of the Interior, through his delegated • 1010–0126: Royalty-in-Kind (RIK)
considered to have been approved, but
authority did not approve or disapprove Pilot Program Directed Communications
this compact before the date that was 45 only to the extent it is consistent with
IGRA. This Amendment authorizes the by Operators of Federal Oil and Gas
days after the date it was submitted. Leases;
Therefore, pursuant to 25 U.S.C. tribes to engage in certain Class III
gaming activities, provides for certain • 1010–0129: Royalty-in-Kind Pilot
2710(d)(7)(C), this compact is Program—Offers, Financial Statements,
considered approved but only to the geographical exclusivity, prohibits the
Tribe from conducting video lottery and Surety Instruments for Sales of
extent it is consistent with IGRA. This Royalty Oil and Gas; and
compact authorizes the Seneca-Cayuga terminals, and prohibits non-tribal
• 1010–0135: 30 CFR 208.11(a), (b),
Tribe to engage in certain Class III operation of slot machines. It takes (d), and (e)—Surety Requirements
gaming activities, provides for certain effect on the date the approval is (Forms MMS–4071 and MMS–4072).
geographical exclusivity, limits the published in the Federal Register. In the five ICRs, much of the general
number of gaming machines at existing Dated: February 10, 2005. information was repeated and cross
racetracks, and prohibits non-tribal referenced. This consolidated ICR 1010–
Michael D. Olsen,
operation of certain machines and 0119 eliminates that duplication of
covered games, and takes effect on the Acting Principal Deputy Assistant Secretary—
Indian Affairs. effort and redundancy of data. It also
date the approval is published in the provides for all RIK information-
Federal Register. [FR Doc. 05–4365 Filed 3–4–05; 8:45 am]
collection requirements to be reviewed
BILLING CODE 4310–4N–P
Dated: February 11, 2005. on a MMS RIK operational program-
Michael D. Olsen, wide basis.
Acting Principal Deputy Assistant Secretary— DATES: Submit written comments on or
Indian Affairs. before May 6, 2005.
[FR Doc. 05–4366 Filed 3–4–05; 8:45 am] ADDRESSES: Submit written comments
BILLING CODE 4310–4N–P to Sharron L. Gebhardt, Lead Regulatory

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