[Federal Register Volume 75, Number 80 (Tuesday, April 27, 2010)]
[Proposed Rules]
[Page 22047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9203]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
Intent To Initiate Consultation and Coordinate the National
Oceanic and Atmospheric Administration's Responsibilities Under Section
106 of the National Historic Preservation Act (NHPA) With the Ongoing
National Environmental Policy Act (NEPA) Process Supporting the Review
of the Olympic Coast National Marine Sanctuary Management Plan
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Consultation under Section 106 of the NHPA in conjunction with
Review of Management Plan/Regulations and associated NEPA public
process.
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SUMMARY: In accordance with section 304(e) of the National Marine
Sanctuaries Act, as amended, (NMSA) (16 U.S.C. 1431 et seq.), the
Office of National Marine Sanctuaries (ONMS) of the National Oceanic
and Atmospheric Administration (NOAA) has initiated a review of the
Olympic Coast National Marine Sanctuary (OCNMS or sanctuary) management
plan, to evaluate substantive progress toward implementing the goals
for the Sanctuary, and to make revisions to the plan and regulations as
necessary to fulfill the purposes and policies of the NMSA (73 FR
53161). The management plan review process occurs concurrently with a
public process under the National Environmental Policy Act (NEPA; 42
U.S.C. 4321 et seq.). This notice confirms that NOAA will coordinate
its responsibilities under NEPA with those under section 106 of the
National Historic Preservation Act (NHPA, 16 U.S.C. 470).
DATES: Comments may be submitted at any time.
ADDRESSES: Written comments may be sent to the Olympic Coast National
Marine Sanctuary (Management Plan Review), 115 Railroad Ave. East,
Suite 301, Port Angeles, WA 98362, or faxed to (360) 457-8496.
Electronic comments may be sent to ocnmsmanagementplan@noaa.gov.
FOR FURTHER INFORMATION CONTACT: George Galasso, 360.457.6622 Ext. 12,
ocnmsmanagementplan@noaa.gov.
SUPPLEMENTARY INFORMATION: OCNMS was designated in May 1994. It spans
3,310 square miles of marine waters off the rugged Olympic Peninsula
coast, covering much of the continental shelf and the heads of several
major submarine canyons. The present management plan was written as
part of the sanctuary designation process and published in the Final
Environmental Impact Statement in 1993.
In September 2008, NOAA published a Notice of Intent to prepare an
Environmental Impact Statement under the authority of NEPA (73 FR
53161). The management plan review process is composed of four major
stages: (1) Information collection and characterization; (2)
preparation and release of a draft management plan/environmental impact
analysis document; (3) public review and comment; (4) preparation and
release of a final management plan/environmental impact analysis
document, and any final amendments to the regulations. NOAA anticipates
completion of the revised management plan and concomitant documents
will require approximately thirty-six months from the date of
publication of the original notice of intent (37 FR 53161; September
15, 2008). The proposed revised management plan will likely involve
changes to existing policies of the Sanctuary in order to address
contemporary issues and challenges, and to better protect and manage
the Sanctuary's natural resources and qualities and historic
properties.
This notice confirms that NOAA will coordinate its responsibilities
under section 106 of the National Historic Preservation Act (NHPA, 16
U.S.C. 470) with its ongoing NEPA process, pursuant to 36 CFR
800.8(a)--coordination with NEPA--including the use of NEPA documents
and public and stakeholder meetings to also meet the section 106
requirements. The NHPA specifically applies to any agency undertaking
that has an adverse effect on historic properties. Pursuant to 36 CFR
800.16(1)(1), historic properties includes: ``any prehistoric or
historic district, site, building, structure or object included in, or
eligible for inclusion in, the National Register of Historic Places
maintained by the Secretary of the Interior. The term includes
artifacts, records, and remains that are related to and located within
such properties. The term includes properties of traditional religious
and cultural importance to an Indian tribe * * * and that meet the
National Register criteria.''
In coordinating its responsibilities under the NHPA and NEPA, NOAA
intends to identify consulting parties; identify historic properties
and assess the effects of the undertaking on such properties; initiate
formal consultation with the Washington State Historic Preservation
Officer, appropriate Tribal Historic Preservation Officers, the
Advisory Council of Historic Preservation, and other consulting
parties; involve the public in accordance with NOAA's NEPA procedures,
and develop in consultation with identified consulting parties
alternatives and proposed measures that might avoid, minimize or
mitigate any adverse effects on historic properties and describe them
in any Environmental Assessment or Draft Environmental Impact
Statement.
Authority: 16 U.S.C. 1431 et seq.; 16 U.S.C. 470.
(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary
Program)
Dated: April 15, 2010.
Daniel J. Basta,
Director for the Office of National Marine Sanctuaries.
[FR Doc. 2010-9203 Filed 4-26-10; 8:45 am]
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