42092 Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices

burden, we invite the general public and Estimated Total Annual Responses: ACTION: Notice of availability. other Federal agencies to take this 112. opportunity to comment on this IC. This Estimated Time Per Response: SUMMARY: In accordance with the IC is scheduled to expire on January 31, Average of 12 hours for FWS Form 3- National Environmental Policy Act of 2010. We may not conduct or sponsor 154a and 20 hours for FWS Form 3- 1969 (NEPA) and the Federal Land and a person is not required to respond 154b. Policy and Management Act of 1976 to a collection of information unless it Estimated Total Annual Burden (FLPMA), the Bureau of Land displays a currently valid OMB control Hours: 1,792. Management (BLM) has prepared a number. Final Environmental Impact Statement III. Request for Comments DATES: To ensure that we are able to (FEIS) for the South Gillette Area Coal consider your comments on this IC, we We invite comments concerning this project that contains four Federal Coal must receive them by October 19, 2009. IC on: Lease By Applications (LBAs), and by this Notice announces the availability of ADDRESSES: Send your comments on the (1) Whether or not the collection of the South Gillette Area final EIS for IC to Hope Grey, Information Collection information is necessary, including review. Clearance Officer, Fish and Wildlife whether or not the information will Service, MS 222–ARLSQ, 4401 North have practical utility; DATES: To ensure comments will be Fairfax Drive, Arlington, VA 22203 (2) The accuracy of our estimate of the considered, the BLM must receive (mail); or [email protected] (e-mail). burden for this collection of written comments on the South Gillette information; FOR FURTHER INFORMATION CONTACT: To Area Coal FEIS by September 16, 2009, request additional information about (3) Ways to enhance the quality, which is 30 days after August 17, 2009, this IC, contact Hope Grey by mail or e- utility, and clarity of the information to the date the Environmental Protection mail (see ADDRESSES) or by telephone at be collected; and Agency published the Notice of (703) 358–2482. (4) Ways to minimize the burden of Availability in the Federal Register [74 the collection of information on SUPPLEMENTARY INFORMATION: FR 41430]. respondents. ADDRESSES: You may submit comments I. Abstract Comments that you submit in by any of the following methods: The Pittman-Robertson Wildlife response to this notice are a matter of • E-mail: [email protected]. Restoration Act (16 U.S.C. 669-669k) public record. We will include or • Fax: 307–261–7587. and the Dingell-Johnson Sport Fish summarize each comment in our request • Mail: Wyoming High Plains District Restoration Act (16 U.S.C. 777-777n to OMB to approve this IC. Before Office, Bureau of Land Management, except 777e-1) provide authority for including your address, phone number, Attn: Teresa Johnson, 2987 Prospector Federal assistance to the States for e-mail address, or other personal Drive, Casper, Wyoming 82604. management and restoration of fish and identifying information in your Copies of the FEIS are available at the wildlife. These Acts and our regulations comment, you should be aware that following BLM office locations: BLM at 50 CFR 80.10 require that States, your entire comment, including your Wyoming State Office, 5353 territories, and the District of Columbia personal identifying information, may Yellowstone Road, Cheyenne, Wyoming annually certify their hunting and be made publicly available at any time. 82009; and BLM Wyoming High Plains fishing license sales. States, territories, While you can ask us in your comment District Office, 2987 Prospector Drive, and the District of Columbia that receive to withhold your personal identifying Casper, Wyoming 82604. The FEIS is grants under these Acts use FWS Forms information from public review, we available electronically on the following 3-154a (Part I - Certification) and 3-154b cannot guarantee that we will be able to Web site: http://www.blm.gov/wy/st/en/ (Part II - Summary of Hunting and Sport do so. info/NEPA/cfodocs/south_gillette.html. Fishing Licenses Issued) to certify the Dated: August 13, 2009. FOR FURTHER INFORMATION CONTACT: number and amount of hunting and Hope Grey, Teresa Johnson or Mike Karbs at the fishing license sales. We use the Information Collection Clearance Officer, above address, or telephone: 307–261– information collected to apportion and Fish and Wildlife Service. 7600. distribute funds according to the FR Doc. E9–19921 Filed 8–19–09; 8:45 am SUPPLEMENTARY INFORMATION: The FEIS formula specified in each Act. BILLING CODE 4310–55–S analyzes the potential impacts for II. Data Federal Coal LBAs serialized as WYW161248, WYW172585, OMB Control Number: 1018-0007. DEPARTMENT OF THE INTERIOR Title: Annual Certification of Hunting WYW172657, and WYW173360 and referred to as the Belle Ayr North, West and Sport Fishing Licenses Issued, 50 Bureau of Land Management CFR 80.10. Coal Creek, Caballo West, and Maysdorf Service Form Number(s): 3-154a, 3- [LLWYP00000–L13200000–EL0000, II tracts, in the decertified Powder River 154b. LLWYP00000–L51100000–GA0000– Federal Coal Production Region, Type of Request: Extension of a LVEMK09CK330, LLWYP00000–L51100000– Wyoming. The BLM is considering currently approved collection. GA0000–LVEMK09CK360, LLWYP00000– issuing these four coal leases as a result Affected Public: States, territories L51100000–GA0000–LVEMK09CK350; of four applications filed between July WYW161248, WYW172585, WYW172657, (Commonwealth of Puerto Rico, WYW173360] of 2004 and September of 2006 in Commonwealth of the Northern Mariana accordance with 43 CFR part 3425. Islands, Guam, Virgin Islands, and Notice of Availability for the South Belle Ayr North Coal Tract American Samoa), and District of Gillette Area Coal Final Environmental Columbia. Impact Statement That Includes Four The BLM is considering issuing a coal Respondent’s Obligation: Required to Federal Coal Lease by Applications, lease as a result of a July 6, 2004, obtain or retain a benefit. Wyoming application made by RAG Wyoming Frequency of Collection: Annually. Land Company (RAG) to lease the Estimated Annual Number of AGENCY: Bureau of Land Management, Federal coal in the Belle Ayr North coal Respondents: 56. Interior. tract (WYW161248). RAG subsequently

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sold the Belle Ayr Mine and its Caballo West Coal Tract Section 7: Lots 6 through 11, 14 through associated interests to Foundation Coal 19; The BLM is considering issuing a coal 1 1 Holdings, Inc. (Foundation). From this Section 17: Lots 1 through 15, SW ⁄4NW ⁄4; lease as a result of a March 15, 2006, point forward, the applicant for the Section 18: Lots 5 through 14, 19, 20; application made by Caballo Coal Belle Ayr North Tract will be referred to Section 20: Lots 1, 8, 9, 16; Company (Caballo) to lease the Federal Section 21: Lots 4, 5, 12, 13; as Foundation. The Belle Ayr North coal in the Caballo West coal tract Section 28: Lots 4, 5, 12, 13; LBA is located in Campbell County, (WYW172657). The Caballo West LBA Section 29: Lots 1, 8, 9, 16; Wyoming, east of Hwy 59 and south of is located in Campbell County, Section 32: Lots 1, 8, 9, 16; the Bishop Road/Hwy 59 intersection. Wyoming, east of the Hwy 59/Bishop Section 33: Lots 4, 5, 12, 13; Foundation applied for the tract to T. 47 N., R. 72 W., 6th PM, Wyoming extend the life of the existing Belle Ayr Road intersection. Section 12: Lots 1 through 16; Mine. The applicant estimated that the Caballo applied for the tract to extend Section 13: Lots 1 through 8. tract includes approximately 208.1 the life of the existing Caballo Mine. Containing 4,653.80 acres, more or less. million tons of minable Federal coal The applicant estimated that the tract includes approximately 87.5 million The Cordero-Rojo Mine is adjacent to underlying the following lands in the LBA and has an approved mining Campbell County, Wyoming: tons of mineable Federal coal underlying the following lands in and reclamation plan from the Land T. 48 N., R. 71 W., 6th PM, Wyoming Campbell County, Wyoming: Quality Division of the Wyoming DEQ Section 18: Lots 17, 18, 19 (W1⁄2, SE1⁄4); and an approved air quality permit from Section 19: Lots 5 through 19; T. 48 N., R. 71 W., 6th PM, Wyoming the Air Quality Division of the Section 20: Lots 3 (SW1⁄4), 4 (W1⁄2, SE1⁄4), Section 7: Lots 12, 19; Wyoming DEQ that allows them to mine 5, 6, 7 (S1⁄2), 9 (S1⁄2), 10 through 16; Section 8: Lot 10; Section 21: Lots 13, 14; Section 17: Lots 1 through 10, 11 (N1⁄2, up to 65 million tons of coal per year. Section 28: Lots 3 through 6; SE1⁄4), 12 (NE1⁄4), 15 (N1⁄2, SE1⁄4), 16; The FEIS analyzes and discloses to Section 29: Lots 1, 6; Section 18: Lot 5, 12 (NE1⁄4); the public direct, indirect, and T. 48 N., R. 72 W., 6th PM, Wyoming Section 20: Lots 1, 2 (NE1⁄4), 8 (N1⁄2, SE1⁄4). cumulative environmental impacts of Section 24: Lots 1, 8. Containing 777.485 acres, more or less. issuing four Federal coal leases in the Containing 1,578.74 acres, more or less. Wyoming portion of the Powder River The Caballo Mine is adjacent to the Basin. A copy of the FEIS has been sent The Belle Ayr Mine is adjacent to the LBA and has an approved mining and to affected Federal, State, and local LBA and has an approved mining and reclamation plan from the Land Quality government agencies; persons and reclamation plan from the Land Quality Division of the Wyoming DEQ and an entities identified as potentially being Division of the Wyoming Department of approved air quality permit from the Air affected by a decision to lease the Environmental Quality (DEQ) and an Quality Division of the Wyoming DEQ Federal coal in each of the tracts; and approved air quality permit from the Air that allows them to mine up to 50 persons who indicated to the BLM that Quality Division of the Wyoming DEQ million tons of coal per year. that allows them to mine up to 45 they wished to receive a copy of the million tons of coal per year. Maysdorf II Coal Tract FEIS. The Wyoming DEQ, the Office of The BLM is considering issuing a coal West Coal Creek Coal Tract Surface Mining Reclamation and lease as a result of a September 1, 2006, The BLM is considering issuing a coal Enforcement, and the Wyoming application made by Cordero Mining lease as a result of a February 10, 2006, Department of Transportation are Company (Cordero) to lease the Federal application made by Ark Land Company cooperating agencies in the preparation coal in the Maysdorf II coal tract (Ark) to lease the Federal coal in the of the FEIS. (WYW173360). The Maysdorf II LBA is West Coal Creek coal tract On March 29, 2007, the BLM located in Campbell County, Wyoming, (WYW172585). The West Coal Creek published a Notice of Intent (NOI) to on the east side of Hwy 59 starting LBA is located in Campbell County east prepare an EIS for the South Gillette approximately 5 miles south of the of Hoadley Road approximately 12 Area coal lease applications in the Bishop Road Hwy 59 intersection. The miles northeast of the city of Wright, Federal Register. A notice announcing Maysdorf II LBA has two separate units. Wyoming. the availability of the Draft EIS was The larger of the two units is against the Ark applied for the tract to extend the published in the Federal Register by the west edge of the Cordero-Rojo Mine. life of the existing Coal Creek Mine. The EPA on October 24, 2008. A 60-day The other unit is to the south of the applicant estimated that the tract comment period on the Draft EIS Cordero-Rojo mine and to the west of includes approximately 63.3 million commenced with publication of the the Coal Creek Mine by approximately tons of minable Federal coal underlying EPA’s notice of availability and ended 1 mile. the following lands in Campbell County, on December 24, 2008. The BLM Cordero applied for the tract to extend Wyoming: published a Notice of Availability and the life of the existing Cordero-Rojo Notice of Public Hearing in the Federal T. 46 N., R. 70 W., 6th PM, Wyoming Mine. The applicant estimated that the Section 18: Lots 14 through 17; Register on October 17, 2008. The tract includes approximately 499.7 Section 19: Lots 7 through 10, 15 through BLM’s Federal Register notice million tons of minable Federal coal 18; announced the date and time of a public underlying the following lands in Section 30: Lots 5 through 20. hearing, which was held on November Campbell County, Wyoming: Containing 1,151.26 acres, more or less. 19, 2008, in Gillette, Wyoming. The The Coal Creek Mine is adjacent to T. 46 N., R. 71 W., 6th PM, Wyoming purpose of the hearing was to solicit the LBA and has an approved mining Section 4: Lots 8, 9, 16, 17; comments on the DEIS, on the fair and reclamation plan from the Land Section 5: Lots 5, 12, 13, 20; market value, and on the maximum Section 9: Lots 6 through 8; Quality Division of the Wyoming DEQ Section 10: Lots 7 through 10; economic recovery of the Federal coal. and an approved air quality permit from Section 11: Lots 13 through 16; During the DEIS comment period, the the Air Quality Division of the Section 14: Lots 1 through 4; BLM received 18 written comments, Wyoming DEQ that allows them to mine Section 15: Lots 1 through 4; which are included, with agency up to 25 million tons of coal per year. T. 47 N., R. 71 W., 6th PM, Wyoming responses, in an appendix to the FEIS.

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The FEIS analyzes leasing all of the cannot guarantee that we will be able to same accession were not Native South Gillette Area coal tracts as a do so. American. The human remains are of an separate Proposed Action. Under the adult and a second, younger adult Donald A. Simpson, Proposed Action, a competitive sale individual. Since that time, based on would be held and a lease issued for State Director. skeletal and dental morphology, the Federal coal contained in the tracts as [FR Doc. E9–20026 Filed 8–19–09; 8:45 am] older individual has been identified as applied for by each of the applicants. As BILLING CODE 4310–22–P being of mixed European and Native part of the coal leasing process, the BLM American ancestry. There is insufficient is evaluating adding or subtracting evidence to positively determine the DEPARTMENT OF THE INTERIOR Federal coal to the tracts to avoid biological affiliation of the younger bypassing coal or to prompt competitive National Park Service individual, but they may also be of interest in unleased Federal coal in this mixed European and Native American area. The alternate tract configurations Notice of Inventory Completion: ancestry. No known individuals were for each of the LBAs that BLM is Museum of Anthropology, University identified. No associated funerary evaluating are described and analyzed of Michigan, Ann Arbor, MI objects are present. as separate alternatives in the FEIS. Accession and other collections Under these alternatives, competitive AGENCY: National Park Service, Interior. information suggests that the human sales would be held and leases issued ACTION: Notice. remains were recovered from the for Federal coal lands included in tracts Wequetonsing area near Harbor Springs, Notice is here given in accordance MI. Rev. Rowland’s catalog indicates modified by the BLM. The FEIS also with the Native American Graves analyzes the alternative of rejecting the that glass beads were found with the Protection and Repatriation Act human remains. Based on the application(s) to lease Federal coal as (NAGPRA), 25 U.S.C. 3003, of the the No Action Alternative. The observation of glass trade beads, the completion of an inventory of human human remains most likely date to the Proposed Actions and alternatives for remains in the possession of the each of the LBAs being considered in post-contact era in northern Michigan Museum of Anthropology, University of (circa A.D. 1600–1800). the FEIS are in conformance with the Michigan, Ann Arbor, MI. The human Approved Resource Management Plan Based on historical documents and remains were removed from the consultation with the Little Traverse for Public Lands Administered by the Wequetonsing area near Harbor Springs, Bureau of Land Management Buffalo Bay Bands of Odawa Indians, Michigan, Emmet County, MI. the Odawa occupied the Wequetonsing Field Office (2001). A Record of This notice is published as part of the Decision (ROD) will be prepared after area throughout much of the historic National Park Service’s administrative era. The Wequetonsing area is within the close of the 30-day review period for responsibilities under NAGPRA, 25 the area granted to the Odawa for the FEIS. Comments received on the U.S.C. 3003 (d)(3). The determinations settlement in treaties signed in 1836 and FEIS will be considered during in this notice are the sole responsibility 1855, and is within the current preparation of the ROD. of the museum, institution, or Federal reservation boundary of the Little Requests to be included on the agency that has control of the Native Traverse Bay Bands of Odawa Indians, mailing list for this project and to American human remains. The National Michigan. While historic sources also request copies of the FEIS may be sent Park Service is not responsible for the mention the presence of Potawatomi, in writing, by facsimile, or determinations in this notice. Mascouten, and Ojibwa in the general electronically to the addresses A detailed assessment of the human area, the Odawa are the predominant previously stated at the beginning of remains was made by Museum of group associated with the Wequetonsing this notice. The BLM asks that those Anthropology professional staff in and Harbor Springs locality. submitting comments on the FEIS make consultation with representatives of the While the biological ancestry of the them as specific as possible with Little Traverse Bay Bands of Odawa two individuals may be mixed, based on reference to page numbers and chapters Indians, Michigan. the burial treatment of the individual, of the document. Comments that In 1924, a collection containing appearance of grave features as contain only opinions or preferences human remains and a variety of described by Rev. Rowland, and will not receive a formal response; archeological materials collected from consultation with tribal representatives, however, they will be considered as part around Michigan and North America officials of the Museum of Anthropology of the BLM decision-making process. was purchased by the University of reasonably believe the human remains Please note that comments and Michigan from Rev. L.P. Rowland of have a Native American cultural information submitted including names, Detroit, MI. The human remains and identity. Based on the observation of street addresses, and e-mail addresses of many of the artifacts were recovered glass beads, the interments likely date to respondents will be available for public from the Lake Michigan shore area in the historic era. Given the location of review and disclosure at the above Emmet County, MI. A substantial the interments, they are most likely address during regular business hours portion of this collection, including one culturally affiliated with the Little (7:45 a.m. to 4:30 p.m.), Monday set of human remains (Accession #206) Traverse Bay Bands of Odawa Indians, through Friday, except holidays. and cultural items were determined to Michigan. Before including your address, phone be culturally affiliated with the Little Officials of the Museum of number, e-mail address, or other Traverse Bay Bands of Odawa Indians, Anthropology, University of Michigan personal identifying information in your Michigan. The individual and cultural have determined that, pursuant to 25 comment, you should be aware that items were described in a Notice U.S.C. 3001 (9–10), the human remains your entire comment—including your published in the Federal Register (62 described above represent the physical personal identifying information—may FR 8265–8266, February 24, 1997), and remains of two individuals of Native be made publicly available at any time. were subsequently repatriated later that American ancestry. Officials of the While you can ask us in your comment same year. At that time it was Museum of Anthropology, University of to withhold your personal identifying determined that two comingled sets of Michigan also have determined that, information from public review, we human remains that were part of the pursuant to 25 U.S.C. 3001 (2), there is

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