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Federal Register / Vol. 71, No.

77 / Friday, April 21, 2006 / Notices 20719

Environmental Assessment/Habitat Fish and Wildlife Foundation for the million-acre planning area located in
Conservation Plan (EA/HCP). specific purpose of land acquisition and the Coachella Valley, California.
DATES: To ensure consideration, written management within Houston toad The Final Plan also incorporates a
comments must be received on or before habitat. Public Use and Trails Plan which
June 20, 2006. Geoffrey L. Haskett, includes proposals that address non-
ADDRESSES: Persons wishing to review Acting Regional Director, Region 2, motorized recreation activities on
the application may obtain a copy by Albuquerque, New Mexico. Federal and non-Federal lands in the
writing to the Regional Director, U.S. [FR Doc. E6–5984 Filed 4–20–06; 8:45 am] Santa Rosa and San Jacinto Mountains.
Fish and Wildlife Service, P.O. Box The Bureau of Land Management (BLM)
BILLING CODE 4510–55–P
1306, Room 4102, Albuquerque, New is a Cooperating Agency in this
Mexico 87103. Persons wishing to planning process and will use this EIR/
review the EA/HCP may obtain a copy DEPARTMENT OF THE INTERIOR EIS to make decisions on BLM-
by contacting Clayton Napier, U.S. Fish administered public lands pertaining to
and Wildlife Service, 10711 Burnet Fish and Wildlife Service trail use in the Santa Rosa and San
Road, Suite 200, Austin, Texas 78758 Jacinto Mountains. These proposals
(512/490–0057). Documents will be Notice of Availability of a Final constitute activity (implementation)
available for public inspection by Environmental Impact Report/ level actions in furtherance of the
written request, by appointment only, Environmental Impact Statement for California Desert Conservation Area
during normal business hours (8 a.m. to the Coachella Valley Multiple Species Plan (1980), as amended, and the Santa
4:30 p.m.) at the Service’s Austin office. Habitat Conservation Plan and Natural Rosa and San Jacinto Mountains
Written data or comments concerning Community Conservation Plan, National Monument Management Plan
the application and EA/HCP should be Riverside County, CA (2004). The BLM will issue a separate
submitted to the Supervisor, U.S. Fish AGENCY: Fish and Wildlife Service, record of decision regarding non-
and Wildlife Service, 10711 Burnet Interior. motorized recreation activities on public
Road, Suite 200, Austin, Texas 78758. lands.
ACTION: Notice of availability.
Please refer to permit number TE– DATES: The 30-day waiting period will
124123–0 when submitting comments. SUMMARY: This notice announces the end on May 22, 2006. Written comments
All comments received, including availability of the final Coachella Valley must be received on or before this date.
names and addresses, will become a Association of Governments Habitat
part of the official administrative record Conservation Plan and Natural ADDRESSES: Comments should be sent to
and may be made available to the Community Conservation Plan (Plan), Mr. James Bartel, Field Supervisor, Fish
public. final Implementing Agreement, and and Wildlife Service, Carlsbad Fish and
final Environmental Impact Statement/ Wildlife Office, 6010 Hidden Valley
FOR FURTHER INFORMATION CONTACT:
Environmental Impact Report (EIS/EIR) Road, Carlsbad, California 92011;
Clayton Napier at U.S. Fish and Wildlife facsimile (760) 431–9624.
Service, 10711 Burnet Road, Suite 200, for public review and comment. The
Austin, Texas 78758 (512/490–0057) or Fish and Wildlife Service (Service) is FOR FURTHER INFORMATION CONTACT: (1)
by e-mail, Clayton_Napier@fws.gov. considering the proposed action of Jim Sullivan, Director of Environmental
SUPPLEMENTARY INFORMATION: The issuing a 75-year incidental take permit, Resources, CVAG, 73710 Fred Waring
Applicant has applied to the Service for pursuant to section 10(a)(1)(B) of the Drive, Room 119, Palm Desert, CA
a Section 10(a)(1)(B) incidental take Endangered Species Act of 1973 as 92260, (760) 346–1127; or, (2) Ms.
permit for a period of five years in order amended (ESA), for 27 species in Therese O’Rourke, Assistant Field
to authorize incidental take of the response to receipt of an application Supervisor, 6010 Hidden Valley Road,
Houston toad. from the Coachella Valley Association Carlsbad, California 92011, (760) 431–
Section 9 of the Act prohibits the of Governments (CVAG), Coachella 9440.
‘‘taking’’ of endangered species such as Valley Conservation Commission,
SUPPLEMENTARY INFORMATION:
the Houston toad. However, the Service, County of Riverside, Riverside County
under limited circumstances, may issue Flood Control and Water Conservation Availability of Documents
permits to take endangered wildlife District, Riverside County Parks and
Open Space District, Riverside County Copies of the Plan, Implementation
species incidental to, and not the Agreement, and Final EIR/EIS are
purpose of, otherwise lawful activities. Waste Management District, Coachella
Valley Water District, Imperial Irrigation available for public review, by
We provide this notice under section appointment, during regular business
10(c) of the Act, and its implementing District, California Department of
Transportation, California Department hours, at the Carlsbad Fish and Wildlife
regulations (50 CFR 17.22), the National Office and at the CVAG office (see FOR
Environmental Policy Act (42 U.S.C. of Parks and Recreation, Coachella
FURTHER INFORMATION CONTACT).
4371 et seq.), and its implementing Valley Mountains Conservancy, and the
regulations (40 CFR 1506.6). cities of Cathedral City, Coachella, The documents can also be viewed on
Applicant: Blair Warren plans to Desert Hot Springs, Indian Wells, Indio, the World Wide Web at http://
construct and operate a convenience La Quinta, Palm Desert, Palm Springs, www.cvmshcp.org. Copies are also
store on a 1.43-acre property on and Rancho Mirage (Applicants). The available for viewing in each of the
Highway 71 in the Tahitian Village proposed permit would authorize take Applicant cities, in public libraries, the
Subdivision, Bastrop County, Texas. of individual members of animal species Riverside County Planning
This action will eliminate 1.43-acres listed under the Federal Endangered Departments, as follows:
of Houston toad habitat and result in Species Act of 1973, as amended (ESA). (1) Riverside County Planning
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indirect impacts within the lot. The The permit is needed because take of Department: 4080 Lemon Street, 9th
Applicant proposes to compensate for species could occur during proposed Floor Riverside, California 92502.
incidental take of the Houston toad by urban development activities, rural (2) Riverside County Planning: 82675
providing $4,290.00 to the Houston infrastructure projects, and preserve Hwy 111, Room 209, Indio, California
Toad Conservation Fund at the National management activities within a 1.1 92201.

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20720 Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Notices

(3) U.S. Bureau of Land Management: such conduct (16 U.S.C. 1532). Harm or endangered under the Federal ESA.
690 Garnet Avenue, North Palm includes significant habitat modification Of these 27 species, CVAG requests a
Springs, California 92258. or degradation that actually kills or permit and assurances for 22 animal
(4) City of Palm Springs: 3200 E. injures listed wildlife by significantly species and assurances for 5 plant
Tahquitz Canyon Way, Palm Springs, impairing essential behavioral patterns, species.
California 92262. including breeding, feeding, and Proposed covered species include 6
(5) City of Cathedral City: 68–700 sheltering [50 CFR 17.3(c)]. Under wildlife species currently listed as
Avenida Lalo Guerrero, Cathedral City, limited circumstances, the Service may endangered under the Federal ESA
California 92234. issue permits to authorize incidental [Desert pupfish (Cyprinodon macularis),
(6) City of La Quinta: 78–495 Calle take of listed fish or wildlife; i.e., take Arroyo toad (Bufo californicus), Yuma
Tampico, La Quinta, California 92253. that is incidental to, and not the Clapper Rail (Rallus longirostris
(7) City of Rancho Mirage: 69825 purpose of, otherwise lawful activity. yumanensis), Southwestern willow
Highway 111, Rancho Mirage, California Regulations governing incidental take flycatcher (Empidonax traillii extimus),
92270. permits for threatened and endangered Least Bell’s vireo (Vireo bellii pusillus),
(8) City of Palm Desert: 73–510 Fred species are found in 50 CFR 17.32 and Peninsular bighorn sheep (Ovis
Waring Drive, Palm Desert, California 17.22, respectively. canadensis nelsoni)], 2 plant species
92260. Although take of listed plant species currently listed as endangered under the
(9) City of Indio: 100 Civic Center is not prohibited under the Federal ESA, Federal ESA [Coachella Valley milk-
Mall, Indio, California 92201. and therefore cannot be authorized vetch (Astragalus lentiginosus var.
(10) City of Indian Wells: 44950 El under an incidental take permit, plant coachellae), and Triple-ribbed
Dorado Drive, Indian Wells, California species may be included on a permit in milkvetch (Astragalus tricarinatus)],
92210. recognition of the conservation benefits and 2 wildlife species currently listed as
(11) City of Coachella: 1515 Sixth provided to them under a habitat threatened under the Federal ESA
Street, Coachella, California 92236. conservation plan. All species included [Desert Tortoise (Gopherus agassizii)
(12) City of Desert Hot Springs: 65950 on an incidental take permit would and, Coachella Valley fringe-toed lizard
Pierson Boulevard, Desert Hot Springs, receive assurances under the Services (Uma inornata)]. Proposed covered
California 92240. ‘‘No Surprises’’ regulation 50 CFR species also include 15 wildlife species
(13) Cathedral City Public Library: 17.22(b)(5) and 17.32(b)(5). and 3 plant species that are not listed
33520 Date Palm Drive, Cathedral City, The Service has received an under the Federal ESA at the current
California 92234. application for an incidental take permit time.
(14) Coachella Branch Library: 1538 for implementation of the Plan. The If the proposed Plan is approved and
7th Street, Coachella Valley, California application was prepared and submitted the permit issued, take authorization of
92260. by the CVAG on behalf of all the covered listed wildlife species would be
(15) Desert Hot Springs Public Applicants: Riverside County; the cities effective at the time of permit issuance.
Library: 1691 West Drive, Desert Hot of Cathedral City, Coachella, Desert Hot Take of the currently non-listed covered
Springs, California 92240. Springs, Indian Wells, Indio, La Quinta, wildlife species would be authorized
(16) Indio Public Library: 200 Civic Palm Desert, Palm Springs, Rancho concurrent with the species’ listing
Center Mall, Indio, California 92201. Mirage; California Department of under the Federal ESA, should they be
(17) Lake Tamarisk Branch Library: Transportation, California Department listed during the duration of the permit.
Lake Tamarisk Drive, Desert Center, of Parks and Recreation, Coachella The Plan is intended to be a
California 92239. Valley Association of Governments, comprehensive and multi-jurisdictional
(18) La Quinta Public Library: 78080 Coachella Valley Conservation document, providing for regional
Calle Estado, La Quinta, California Commission, Coachella Valley species conservation and habitat
92253. Mountains Conservancy, Coachella planning, while allowing the
(19) Mecca-North Shore Branch Valley Water District, Imperial Irrigation prospective Permittees to better manage
Library: 65250 Cahuilla, Mecca, District, Riverside County Flood Control anticipated growth and development.
California 92254. and Water Conservation District, The Plan also is intended to provide a
(20) Palm Springs City Library: 300 Riverside County Regional Parks and coordinated process for permitting and
South Sunrise Way, Palm Springs, Open Space District, and Riverside mitigating the take of covered species as
California 92262. County Waste Management Department. an alternative to the current project-by-
(21) Rancho Mirage Public Library: The CVAG prepared the Plan to satisfy project approach.
42–520 Bob Hope Drive, Rancho Mirage, the application requirements for a If the Plan is approved, the Local
California 92270. section 10(a)(1)(B) permit under the Permittees would review development
(22) Riverside County Library: Palm Federal ESA, of 1973, as amended, and applications for compliance with the
Desert Branch, 73–300 Fred Waring a section 2835 permit under the terms of the Plan. Take authorization
Drive Palm Desert, California 92260. California Natural Community would be issued to these parties by the
(23) Thousand Palms Library: 72–715 Conservation Planning Act of 2002 Local Permittees if the project is
La Canada Way, Thousand Palms, (NCCPA). Thus, the Plan constitutes a consistent with the Plan. As part of the
California 92276. Habitat Conservation Plan pursuant to standard development review process,
the Federal ESA, and a Natural projects would typically require
Background Information Community Conservation Plan pursuant separate environmental review under
Section 9 of the Federal ESA of 1973, to the California NCCPA. the California Environmental Quality
as amended and Federal regulations The CVAG seeks a 75-year incidental Act and, in some cases, the National
prohibit the take of fish and wildlife take permit for covered activities within Environmental Policy Act. In addition,
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species listed as endangered or a proposed 1.1 million-acre planning the permit will provide incidental take
threatened (16 U.S.C. 1538). The term area, located entirely in eastern authorization for public projects,
‘‘take’’ means to harass, harm, pursue, Riverside County, California. CVAG has operations and maintenance activities,
hunt, shoot, wound, kill, trap, capture, requested a permit for 27 species, 10 of management and monitoring activities
or collect, or to attempt to engage in any which are currently listed as threatened in the Plan area by Permittees.

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Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Notices 20721

An Implementing Entity, called the occur over the first 30 years of the life existing conservation lands as
Coachella Valley Conservation of the permit. When completed, the mitigation. This alternative entails no
Commission (CVCC), would be reserve system will include core habitat land acquisition; only core habitat,
responsible for conducting broad for Covered Species, essential ecological essential ecological processes, and
conservation and management processes, and biological corridors and linkages that happen to be on existing
measures, such as acquiring and linkages to provide for the conservation public conservation lands or private
maintaining preserve land, restoring and of the proposed Covered Species. conservation lands would be protected.
enhancing habitat, tracking the success The Public Use and Trails Plan As a result, sand transport, watershed,
of the conservation strategy, and element of the Plan provides for and other ecological processes would
instituting any necessary changes. coordinated management of trails on not be protected.
Projects conducted by the CVCC would public lands involving members of the The core habitat with ecological
be consistent with the Plan and receive public, local jurisdictions, and State and processes alternative would protect core
coverage for take. other Federal agencies. habitat for the species and natural
In order to comply with the On November 5, 2004, the Service communities included in the plan, as
requirements of the Federal ESA, published a notice in the Federal well as ecological processes necessary to
California ESA, and the California Register (69 FR 64581) announcing sustain these habitats. This alternative
NCCPA, the proposed Plan addresses a receipt of an application for an creates new preserve areas in the Snow
number of required elements, including: incidental take permit from CVAG, Creek area and at the Whitewater River
Species and habitat goals and objectives; Riverside County, the 9 cities and the delta at the northwest end of the Salton
evaluation of the effects of covered other Applicants, and the availability of Sea. Based on comments in the ISA
activities on covered species, including a Draft EIR/EIS for the application. The report, comments received from
indirect and cumulative effects; a Draft EIR/EIS analyzed the potential California Department of Fish and Game
conservation strategy; a monitoring and environmental impacts that may result (CDFG) and the Service, and other
adaptive management program; from the Federal action of authorizing information, this alternative was
descriptions of changed circumstances incidental take anticipated to occur with subsequently revised to develop the
and remedial measures; identification of implementation of the Plan, and proposed project alternative.
funding sources; and an assessment of identified various alternatives. We The enhanced conservation
alternatives to take of listed species. received a total of 310 comment letters alternative expanded on the public
Covered Activities would include on the Draft EIR/EIS. A response to each lands alternative by including all
public and private development within comment received in these letters has additional areas that were
the plan area that requires certain been included in Final EIR/EIS. recommended for further consideration
ministerial and discretionary actions by by the Service and CDFG. This
Alternatives
an Applicant subject to consistency alternative would result in less impact
with the Plan policies, regional The Draft EIS/EIR considered five than the proposed project alternative
transportation facilities, maintenance of alternatives in addition to the proposed and increased the number of acres to be
and safety improvements on existing project described above including: An conserved by approximately 10,200
roads, the Circulation Elements of the alternative that would not include the acres. Much of the area anticipated for
Applicants, maintenance and City of Palm Springs; an alternative that conservation under this alternative
construction of flood control facilities, includes all existing local, State, and would cause significant land use
and compatible uses in the reserve. The Federal agency land and private conflicts and increased costs.
Plan makes a provision for the inclusion conservation land with additional The No Project alternative entails no
of special districts and other non- management prescriptions; an plan being developed and no permits
Applicant entities in the permit with a alternative that protects core habitat, issued. Individual projects would have
certificate of inclusion. ecological processes, and biological to seek their own incidental take
The Plan includes measures to avoid corridors with less land than the permits or avoid take by not developing
and minimize incidental take of the proposed project alternative; an portions of the project site that would
Covered Species, emphasizing project expanded conservation alternative; and result in take of a listed species. This
design modifications to protect both a no project alternative. alternative would preclude impacts to
habitats and species’ individuals. A The proposed project alternative listed species from activities covered
monitoring and reporting plan would without the City of Palm Springs would under the plan; however, conservation
gauge the Plan’s success based on have remained the same as the proposed of species and habitats provided
achievement of biological goals and project alternative; however, through mitigation and compensation
objectives and would ensure that implementation of the Plan would be under the existing regulatory framework
conservation keeps pace with altered. The permits would have not could result in a pattern of conservation
development. The Plan also includes a provided incidental take authorization that is fragmented and managed in a
management program, including for any of the Covered Species under the piecemeal fashion.
adaptive management, which allows for jurisdiction of the City of Palm Springs
changes in the conservation program if and the mitigation fee would not be National Environmental Policy Act
the biological species objectives are not collected on land subject to the Proposed permit issuance triggers the
met, or new information becomes jurisdiction of the City of Palm Springs. need for compliance with the National
available to improve the efficacy of the All existing conservation lands, except Environmental Policy Act (NEPA) and
Plan’s conservation strategy. those belonging to the City of Palm the California Environmental Quality
The Plan identifies the proposed Springs, would continue to be part of Act (CEQA). Accordingly, a joint NEPA/
reserve system, which will be the Plan Reserve System. CEQA document has been prepared.
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established from lands within 21 The public lands alternative includes The Service is the Lead Agency
conservation areas that are either all local, State, and Federal land, and responsible for compliance under NEPA
adjacent or linked by biological private conservation land, in the Plan and the BLM is a Cooperating Agency,
corridors. The acquisition program for Area. The local jurisdictions would and CVAG is the Lead Agency with
the reserve system is anticipated to contribute to the management of the responsibility for compliance with

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20722 Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Notices

CEQA. As NEPA lead agency, the in the northern Lower Peninsula, 668dd–668ee et seq.), requires the
Service is providing notice of the Michigan, Swan Lake NWR in Chariton Service to develop a CCP for each
availability of the final EIS/EIR and is County, Missouri, Leopold WMD with National Wildlife Refuge. Land parcels
making available for public review the lands in 16 counties in southeastern managed by the Service within a
responses to comments on the Draft EIS/ Wisconsin, and St. Croix WMD with Wetland Management District are also
EIR. lands in 8 counties in western units of the National Wildlife Refuge
Wisconsin. The CCPs will describe how System. The purpose in developing a
Public Review
we intend to manage the refuges and CCP is to provide refuge and district
The Service and CVAG invite the districts for the next 15 years. managers with a 15-year strategy for
public to review the Final Plan, Final The Service is furnishing this notice achieving refuge purposes and
EIR/EIS, and Final Implementing in compliance with the National contributing toward the mission of the
Agreement during a 30-day waiting Wildlife Refuge System Administration National Wildlife Refuge System,
period [see DATES]. Any comments Act of 1966, as amended (16 U.S.C. consistent with sound principles of fish
received, including names and 668dd et seq.), and the National and wildlife management, conservation,
addresses, will become part of the Environmental Policy Act (NEPA). legal mandates, and Service policies. In
administrative record and may be made Open house style meetings and addition to outlining broad management
available to the public. possibly focus group meetings and direction on conserving wildlife and
The Service will evaluate the workshops will be held during the their habitats, the CCP identifies
application, associated documents, and scoping phase of the CCP development wildlife-dependent recreational
comments submitted to them to prepare process to obtain additional suggestions opportunities available to the public,
a Record of Decision. A permit decision and information on the scope of including opportunities for hunting,
will be made no sooner than 30 days alternatives and impacts to be fishing, wildlife observation and
after the publication of the Final EIR/ considered. photography, and environmental
EIS and completion of the Record of In addition, the Service is inviting education and interpretation. We will
Decision. comments on archeological, historic, review and update these CCPs at least
This notice is provided pursuant to and traditional cultural sites in every 15 years in accordance with the
section 10(a) of the Federal ESA and accordance with the National Historic National Wildlife Refuge System
Service regulations for implementing Preservation Act. Administration Act of 1966, as amended
NEPA, as amended (40 CFR 1506.6). We Special mailings, newspaper articles, by the National Wildlife Refuge System
provide this notice in order to allow the internet postings, and other media Improvement Act of 1997, and the
public, agencies, or other organizations announcements will inform people of National Environmental Policy Act of
to review these documents. the opportunities for written comments. 1969 (42 U.S.C. 4321–4370d).
Dated: April 7, 2006. ADDRESSES: Comments for Seney NWR By Federal law, all lands within the
Alexandra Pitts, or Kirtland’s Warbler WMA can be National Wildlife Refuge System are to
Acting Deputy Manager, California/Nevada mailed to: Refuge Manager, Seney be managed in accordance with an
Operations Office, Sacramento, California. National Wildlife Refuge, 1674 Refuge approved CCP. The CCP guides
[FR Doc. E6–5990 Filed 4–20–06; 8:45 am] Entrance Road, Seney, Michigan 49883. management decisions and identifies
Comments for Swan Lake NWR can be refuge goals, long-range objectives, and
BILLING CODE 4310–55–P
mailed to: Refuge Manager, Swan Lake strategies for achieving refuge purposes.
National Wildlife Refuge, 16194 Swan The CCP will provide other agencies
DEPARTMENT OF THE INTERIOR Lake Avenue, Sumner, Missouri 64681. and the public with a clear
Comments for Leopold WMD can be understanding of the desired conditions
Fish and Wildlife Service mailed to: District Manager, W10040 for Refuge, Wildlife Management Area,
Cascade Mountain Road, Portage, and Wetland Management District lands
Comprehensive Conservation Plan and Wisconsin 53901. and how the Service will implement
Environmental Assessment for Seney Comments for St. Croix WMD can be management strategies.
National Wildlife Refuge and Kirtland’s mailed to: District Manager, 1764 95th The CCP planning process will
Warbler Wildlife Management Area in Street, New Richmond, Wisconsin consider many elements, including
Michigan, Swan Lake National Wildlife 54017. wildlife and habitat management,
Refuge in Missouri, and St. Croix and You may also find information on the habitat protection and acquisition,
Leopold Wetland Management CCP planning process and submit wilderness preservation, public
Districts in Wisconsin comments electronically on the recreational activities and cultural
planning Web site http://www.fws.gov/ resource preservation. Public input into
AGENCY: Fish and Wildlife Service, midwest/planning or you may e-mail
Interior. this planning process is essential.
comments to r3planning@fws.gov. The Service will prepare an
ACTION: Notice of intent. FOR FURTHER INFORMATION CONTACT: Environmental Assessment (EA) for
SUMMARY: This notice advises the public Tracy Casselman, Seney NWR or each CCP in accordance with
that the U.S. Fish and Wildlife Service Kirtland’s Warbler WMA, at 906–586– procedures for implementing NEPA
(Service) intends to gather information 9851 or John Guthrie, Swan Lake NWR, found in the Departmental Manual 516
necessary to prepare Comprehensive at 660–856–3323 or Steve Lenz, Leopold DM 6, Appendix 1.
Conservation Plans (CCP) and WMD, at 608–742–7100 or Chet Review of this project will be
Environmental Assessments (EA) for the McCarty, St. Croix WMD, at 715–246– conducted in accordance with the
following National Wildlife Refuges 7784. requirements of the National
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(NWR), Wildlife Management Area SUPPLEMENTARY INFORMATION: The Environmental Policy Act of 1969, as
(WMA), and Wetland Management National Wildlife Refuge System amended (42 U.S.C. 4321 et seq.), NEPA
Districts (WMD): Seney NWR in the Administration Act of 1966, as amended Regulations (40 CFR 1500–1508), other
Upper Peninsula, Michigan and by the National Wildlife Refuge System appropriate Federal laws and
Kirtland’s Warbler WMA in 8 counties Improvement Act of 1997 (16 U.S.C. regulations, and Service policies and

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