Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Notices 7657

DEPARTMENT OF THE INTERIOR existing Sport Fish and Wildlife Further Description of Eligibility for Restoration Programs. These funds are Funding for Both Programs Fish and Wildlife Service to be ‘‘used for the development, Wildlife Conservation and Restoration revision, and implementation of wildlife Program (Commerce, Justice, State $50 Million FY 2001 Wildlife conservation and restoration plans and Appropriation Act) Conservation and Restoration programs * * * for the planning and Account, $50 Million FY 2001 State implementation of its wildlife States and Territories shall not use Wildlife Grants Program conservation and restoration program Wildlife Conservation and Restoration Program funds to replace existing AGENCY: Fish and Wildlife Service, and wildlife conservation strategy, Federal Aid funds available to them. Interior. including wildlife conservation, wildlife conservation education, and wildlife- Funds may be used for new programs, ACTION: Notice of availability and associated recreation projects. Priority including development of the Wildlife description of processes to obtain for funding from the Wildlife Conservation and Restoration Program grants. Conservation and Restoration account and projects and enhancement of SUMMARY: Title IX of Commerce, Justice, shall be for those species with the existing programs and projects. Priority State Appropriations Act (Wildlife greatest conservation need as defined by for funding shall be for those species Conservation and Restoration Account) the State wildlife conservation and with the greatest conservation need as and Title VIII of the Interior restoration program.’’ defined by the State or Territory’s Appropriations Act (Land Conservation, The Interior Appropriations Act program. An agency is not eligible if Preservation and Infrastructure provides $50 million for FY 2001 for a ‘‘sources of revenue’’ available to it for Improvement) authorize two separate State Wildlife Grants Program, a cost- the conservation of wildlife after appropriations to provide grant funds to shared, competitively awarded, project- January 1, 2000, are diverted. States and U.S. Territories to enhance based program. Report language The Wildlife Conservation and fish and wildlife conservation and accompanying the Act provides: ‘‘The Restoration Program contains two restoration. funds should not be distributed based program elements not found in the on formula basis and every effort should existing Wildlife Restoration (Pittman- DATES: be made to leverage the Federal funding Robertson Act) portion of the Federal —State program and plan descriptions to the maximum extent possible * * * Aid program, ‘‘wildlife-associated are due by March 1, 2001. the Service shall not provide a grant to recreation’’ and ‘‘wildlife conservation —The Service will determine any State unless the State has, or education.’’ Wildlife-associated compliance with the criteria and commits to develop * * * a required recreation projects are those intended to initiate apportionments of Wildlife conservation plan.’’ meet the demand for outdoor activities Conservation and Restoration Program The Fish and Wildlife Service has associated with wildlife. This includes, funds by April 1, 2001. determined that States will use just one but is not limited to, such activities as —States must submit proposals for the planning process to meet the criteria for hunting and fishing, wildlife competitively-based State Wildlife the required conservation plans under observation and wildlife photography, Grants Program by May 1, 2001. the Commerce, Justice, State and projects such as construction or —The Service Director will determine Appropriations Act and the Interior restoration of wildlife viewing areas, which proposals are to be funded by Appropriations Act. observation towers or platforms, trails, July 1, 2001. trail heads, water access points, and ADDRESSES: Kris E. LaMontagne, Chief, More Detailed Information on Due Dates access for such activities and projects. Division of Federal Aid, U.S. Fish and Wildlife conservation education Wildlife Service, 4401 North Fairfax State program and plan descriptions projects are intended to foster Drive, Suite 140, Arlington, VA 22003. to satisfy the requirements for the FY responsible natural resources FOR FURTHER INFORMATION CONTACT: Kris 2001 Wildlife Conservation and stewardship and includes public E. LaMontagne, Chief, Division of Restoration Program and the FY 2001 outreach. Federal Aid, at the above address. State Wildlife Grants Program are due The State Plan Elements SUPPLEMENTARY INFORMATION: by March 1, 2001. The Service will determine compliance with the criteria States and territories are to submit a Descriptions of Both Programs no later than April 1, 2001, and initiate description of their plan by March 1, Title IX of Commerce, Justice, State apportionments of Wildlife 2001, and if approved, qualifies a State Appropriations Act (Wildlife Conservation and Restoration Program to receive funds under both the Wildlife Conservation and Restoration Account) funds to those States whose Plan Conservation and Restoration Program and Title VIII of the Interior description satisfies the requirements of and the State Wildlife Grants Program. Appropriations Act (Land Conservation, the Wildlife Conservation and Submission of this information Preservation and Infrastructure Restoration Program. The Service will constitutes a commitment by the State Improvement) authorize two separate assist those States whose responses to develop a Wildlife Conservation appropriations to provide grant funds to initially do not meet the statutory Strategy within five years. Each Plan States and U.S. Territories to enhance criteria in fulfilling these requirements. must include a description of the four fish and wildlife conservation and States must submit proposals for the statutory elements of the Program as restoration. competitively-based State Wildlife follows: The Commerce, Justice, State Grants Program by May 1, 2001. Only a 1. The State fish and wildlife agency Appropriations Act provides $50 State whose Program and Plan must have the authority to develop and million in FY 2001 by creating and description was submitted and implement the Wildlife Conservation authorizing a subaccount under the approved pursuant to the preceding and Restoration Program. Under this Pittman-Robertson Act for a Wildlife paragraph may apply. The Service requirement, a State should cite existing Conservation and Restoration Program, Director will determine no later than statutory or constitutional authority to a formula-based apportionment to States July 1, 2001, which proposals are to be protect and manage wildlife. Such and Territories similar to that in the funded. authority should include authority that

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covers both game and nongame species implementation of the program or plan (g) during the development, as well as authority to undertake and how it intends to involve the public implementation, review, and revision of wildlife-associated recreation projects in development of a comprehensive the wildlife conservation strategy, and wildlife-conservation education strategy over the next five years. provides for coordination by the State projects. If the State wildlife agency 4. What is the State’s commitment to fish and wildlife department with does not have authority for any of these development of a wildlife conservation Federal, State, and local agencies and items but another State agency does, the strategy? Within five years of the date of Indian Tribes that manage significant State wildlife agency might still qualify their initial apportionment, the Service areas of land or water within the State, requires States to develop and begin if it were delegated ‘‘overall or administer programs that implementation of a wildlife responsibility and accountability’’ for significantly affect the conservation of conservation strategy based upon the the Wildlife Conservation and species or their habitats as identified in Restoration program by the other best available scientific information that: a State’s Wildlife Conservation and agency. Restoration Program Plan. 2. Eligible projects include: (a) uses such information on the (a) The development and distribution and abundance of species of The Wildlife Conservation and implementation of new wildlife wildlife, including declining species as Restoration Program is statutorily conservation projects and/or projects the State fish and wildlife department established as a subaccount of the that supplement existing wildlife deems appropriate, that show the existing Federal Aid in Wildlife programs, with appropriate diversity and health of wildlife of the Restoration Fund. Except as expressly consideration to all wildlife and priority State; provided otherwise, the disbursement of for those species with the greatest (b) identifies the extent and condition funds for the Federal share of individual of wildlife habitats and community conservation need, as defined by the projects approved under this program types essential to the conservation of State or Territory’s program. As a will be conducted in the same manner species, focusing on species identified practical matter, a State must describe as, and under the existing rules and in a State’s Wildlife Conservation and how the State determines or will regulations of, the Federal Aid in Restoration Program; determine which species are in the most (c) identifies the problems that may Wildlife Restoration program. Not more need of assistance, and give a adversely affect the species or their than 3 percent of the funds in the description of how particular game and habitats, and provides for priority account are available for administration nongame species benefit directly from a research and surveys to identify factors and execution of the program. Funding program or project; that may help in restoration and more under this program will remain (b) Wildlife-associated recreation effective conservation of such species available for obligation for three fiscal projects; including how the new funds and their habitats; years. will be used to develop and implement (d) determines those actions that they For the Wildlife Conservation and a program and projects to address should take to conserve species and wildlife-associated recreation needs; Restoration Program we base the their habitats identified in the State’s statutory formula for apportionment and, Wildlife Conservation and Restoration (c) Wildlife conservation education one-third in the ratio that the land area Program as having the greatest of a State bears to the total land area of projects; including how the new funds conservation need and establishes all States and two-thirds in the ratio that will be used to develop and implement priorities for implementing such the population that a State bears to the a program and projects to address conservation actions; wildlife conservation education needs. (e) provides for periodic monitoring of overall population of all States with no No funds from the Wildlife such species and their habitats and the State receiving more than 5 percent or Conservation and Restoration Program effectiveness of the conservation actions less than 1 percent of the amount subaccount may be used for wildlife taken, and for adapting conservation available. The District of Columbia and conservation education efforts, projects, actions as appropriate to respond to new the Commonwealth of Puerto will or programs that promote or encourage information or changing conditions; receive one-half of 1 percent and , opposition to the regulated taking of (f) provides for the review of the State American , the U.S. Virgin wildlife. wildlife conservation strategy and, if Islands, and the Commonwealth of the 3. How the State involved the public appropriate, revision at intervals of not will receive in the development, revision, and more than 10 years; and one-fourth of 1 percent.

FY2001 APPORTIONMENTS FOR $50 MILLION WILDLIFE GRANTS: C–J–S APPROPRIATION

State Land area Population * Amount

Alabama ...... 51,718 4,447,100 753,573 ...... 587,875 626,932 2,425,000 ...... 114,006 5,130,632 1,148,630 ...... 53,182 2,673,400 566,536 ...... 158,647 33,871,648 2,425,000 ...... 104,100 4,301,261 1,006,751 ...... 5,006 3,405,565 485,000 ...... 2,026 783,600 485,000 ...... 58,620 15,982,378 2,054,361 ...... 58,930 8,186,453 1,200,808 ...... 6,459 1,211,537 485,000 ...... 83,574 1,293,953 571,398 ...... 56,343 12,419,293 1,651,820 ...... 36,185 6,080,485 852,921 ...... 56,276 2,926,324 610,179

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FY2001 APPORTIONMENTS FOR $50 MILLION WILDLIFE GRANTS: C–J–S APPROPRIATION—Continued

State Land area Population * Amount

Kansas ...... 82,282 2,688,418 717,720 ...... 40,411 4,041,769 651,008 ...... 47,719 4,468,976 735,422 ...... 33,128 1,274,923 485,000 ...... 10,455 5,296,486 634,704 ...... 8,262 6,349,097 738,898 ...... 58,513 9,938,444 1,390,843 ...... 84,397 4,919,479 973,316 ...... 47,695 2,844,658 557,126 ...... 69,709 5,595,211 971,961 ...... 147,046 902,195 854,590 ...... 77,359 1,711,263 585,236 ...... 110,567 1,998,257 787,363 ...... 9,283 1,235,786 485,000 ...... 7,790 8,414,350 963,013 ...... 121,598 1,819,046 824,391 ...... 49,122 18,976,457 2,333,978 ...... 52,672 8,049,313 1,153,607 ...... 70,704 642,200 485,000 ...... 41,329 11,353,140 1,457,720 ...... 69,903 3,450,654 737,718 ...... 97,052 3,421,399 874,020 ...... 45,310 12,281,054 1,579,961 ...... 1,213 1,048,319 485,000 ...... 31,117 4,012,012 599,985 ...... 77,121 754,844 485,000 ...... 42,145 5,689,283 840,636 ...... 266,873 20,851,820 2,425,000 ...... 84,904 2,233,169 681,257 ...... 9,615 608,827 485,000 ...... 40,598 7,078,515 985,074 ...... 68,126 5,894,121 996,614 ...... 24,232 1,808,344 485,000 ...... 56,145 5,363,675 876,862 ...... 97,819 453,588 485,000 District of Columbia ...... 242,500 ...... 242,500 Guam ...... 121,250 Virgin Islands ...... 121,250 ...... 121,250 N. Mariana Islands ...... 121,250

Subtotal ...... 3,615,161 280,809,653 48,500,000 Administration ...... 1,500,000

Total ...... 50,000,000 * Population Figures are the April 1, 2000 U.S. Census Bureau Figures (http://www.census.gov/population/www.cen2000/respop.html)

No more than 10 percent of the provided to it after January 1, 2000, for need of funding, and (3) leverage amount apportioned to a State may be any purpose other than the Federal funding to the maximum extent used for wildlife-associated recreation. administration of the State fish and possible. To be eligible for this grant Once the Service has approved the wildlife agency. program States must have or agree to State Program and Plan, funds are develop wildlife conservation plans for State Wildlife Grants Program (Interior available to make payments on a project the conservation of the State’s full array Appropriation Act) that is a segment of the State’s Wildlife of wildlife and their habitats. The Fish Conservation and Restoration Program. The State Wildlife Grants Program and Wildlife Service has determined The Service may also advance funds to will provide funding to States for on- that a strategy developed to meet the a State for project payments and the-ground conservation projects that criteria of the Commerce, Justice, State program development. implement existing or future planning Appropriations Act will satisfy the The intent of this program is to efforts to stabilize, restore, enhance, and planning requirements under the provide funding to the States for protect species and habitats of Interior Appropriations Act. Thus, additional wildlife conservation conservation concern. These funds are submission and approval of a Wildlife projects. These funds should be additive available for obligation until expended. Conservation and Restoration Program to existing sources and not serve as a The program will focus on projects that: plan will make a State eligible to substitute to these sources. No State will (1) address the needs of species and compete for funding under the State be eligible to receive funding under the their habitats most in need of Wildlife Grant Programs. Wildlife Conservation and Restoration conservation, (2) address species The Service may make grants to Program if they have diverted funding conservation needs that are most in support development of wildlife

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conservation plans. Assuming annual DEPARTMENT OF THE INTERIOR management priority and will appropriations at the $50 million level, emphasize the stewardship of the Service will use a portion of Fish and Wildlife Service endangered and threatened sea turtles, available funds, not to exceed 20 migratory seabirds that forage in the percent, for grants to States to support Establishment of the Kingman Reef refuge waters, and the coral reef and plan/strategy development, subject to National Wildlife Refuge pelagic wildlife. Our management State cost sharing. AGENCY: Fish and Wildlife Service, actions include protection of the refuge The Service will also use a portion of Interior. waters and wildlife from commercial available funds, not to exceed 10 ACTION: Notice. fishing activities, enhancement of the percent, for small project grants, environment through the SUMMARY: recognizing that small projects that The Director of the U.S. Fish implementation of navigational address a more localized high priority and Wildlife Service approved the guidelines and aids to navigation that will protect the shallow reefs from conservation need or take advantage of establishment of the Kingman Reef maritime groundings, periodic a short-term opportunity would National Wildlife Refuge in the central to protect the coral reef monitoring surveys of the coral reef otherwise not compete successfully ecosystem for the benefit of the wildlife environment, and periodic clearance of with large scale, multi-faceted, and long that live on the lands and in the waters any marine debris. We will, through the term conservation projects. of the refuge. establishment of the refuge, establish a Proposals for conservation projects, as DATES: This action was effective on no-take marine preserve in the waters of opposed to planning proposals, must January 18, 2001. the refuge. Therefore, we will close the result in measurable on-the-ground FOR FURTHER INFORMATION CONTACT: refuge to commercial fishing. We will habitat restoration or conservation. Charles Houghten with the Fish and also do scientific research and Project objectives should be consistent Wildlife Service in Portland, Oregon, monitoring. with existing conservation plans and 503–231–6207. In compliance with our policy and the strategies, such as Partners in Flight National Environmental Policy Act of SUPPLEMENTARY INFORMATION: The plans, the North American Waterfowl 1969, we distributed an Environmental Director of the U.S. Fish and Wildlife Management Plan, Shorebird Assessment and a Conceptual Service (we) approved the establishment Conservation Plans, and endangered Management Plan for a 30-day public of the Kingman Reef National Wildlife species recovery plans. The Service will review and comment period. We Refuge to protect approximately 25,874 give priority to projects based on a set evaluated two alternatives for the acres (10,478.97 hectares) of submerged of ranking factors, including such items protection and management of wildlife coral reefs, and includes a total of as: the extent of threats to habitat used and habitat. 483,699 acres (195,898.09 hectares) of by the species benefitted by the project; Based on the documentation submerged lands. The refuge boundary whether a project will benefit multiple contained in the revised Environmental is designated to the extent of the 12- species; whether a project brings in Assessment and Conceptual nautical mile (12 NM) territorial sea. In multiple partners, particularly partners Management Plan, we signed a Finding addition to a spectacular diversity of across State lines, tribal partners or of No Significant Impact on January 17, coral reef fishes, corals, and other international partners; and the extent to 2001. The Conceptual Management Plan marine organisms, Kingman Reef which a project leverages federal funds. will serve as an interim management provides roosting, feeding and other A project’s total score will be a major plan until we develop a Comprehensive essential habitat for migratory Pacific factor in project selection, but Conservation Plan. seabirds, and supports migratory geographic balance, feasibility, urgency shorebirds, and threatened green sea Dated: January 18, 2001. of funding needs, the amount of funding turtles. Jamie Rappaport Clark, required by a project compared with the The authority to establish the Director, U.S. Fish and Wildlife Service. total amount of funding available and Kingman Reef National Wildlife Refuge [FR Doc. 01–2148 Filed 1–23–01; 8:45 am] other such factors may be used to select is the Endangered Species Act of 1976, BILLING CODE 4310–55–P the final projects. as amended (16 U.S.C. 1531–1544). The The Service will develop application U.S. Navy has a defense reservation over procedures, standardized project Kingman Reef, but it may be revoked in DEPARTMENT OF THE INTERIOR proposal outlines and the criteria that the future. We have been delegated will be used to rank proposals in administrative jurisdiction and control Fish and Wildlife Service coordination with the States and of Kingman Reef, including the reefs Establishment of the provide these to interested States when and territorial waters surrounding the National Wildlife Refuge complete. Proposals will compete island, by the Secretary of the Interior nationally for funding. A joint Federal- for the purpose of carrying out the AGENCY: Fish and Wildlife Service, State panel will be assembled to assess mission of the National Wildlife Refuge Interior. and recommend priorities for proposals. System in accordance with the National ACTION: Notice. Application procedures, standardized Wildlife Refuge System Administration project proposal outlines, and the Act of 1966, as amended (16 U.S.C. SUMMARY: The Director of the U.S. Fish criteria that will be used to rank 668dd–668ee). and Wildlife Service (we) approved the proposals will be available on or before The refuge encompasses emergent establishment of the Palmyra Atoll March 1, 2001. lands, coral reefs, and submerged lands National Wildlife Refuge. Palmyra Atoll is a low-lying equatorial atoll in the Dated: January 18, 2001. and associated waters to 12–NM. We will manage the refuge for the Pacific Ocean that is a collection of Jamie Rappaport Clark, conservation and management of native islets, coral reefs, and waters that teem Director, U.S. Fish and Wildlife Service. species of wildlife and fish and their with wildlife. [FR Doc. 01–2119 Filed 1–23–01; 8:45 am] habitats. We will give wildlife species DATES: This action was effective on BILLING CODE 4310–55–P identified as endangered or threatened January 18, 2001.

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