[Federal Register: February 21, 2007 (Volume 72, Number 34)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Federal Consistency Appeal by the Bureau of Indian Affairs and
the Big Lagoon Rancheria From an Objection by the California Coastal
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (Commerce).
ACTION: Notice of appeal and request for comments.
SUMMARY: This announcement provides notice that the Bureau of Indian
Affairs (BIA) and the Big Lagoon Rancheria (Tribe) have jointly filed
an administrative appeal with the Department of Commerce asking that
the Secretary override the California Coastal Commission's (Commission)
objection to BIA's proposed acquisition of approximately 5 acres of
land in Humboldt County, California, into trust status for the Tribe.
The land is currently owned in fee by the Tribe and is located in the
Big Lagoon area, approximately a quarter mile from the current boundary
of the Big Lagoon Rancheria trust property, at the southwest
intersection of Highway 101 and Big Lagoon Park Road, south of Big
Lagoon, Humboldt County, California. The legal description of the land
is parcel APN 517-281-004 in Lot 4 as shown on Tract No. 420, on file
in the Office of the Humboldt County Recorder in Book 21 of Maps, pages
18 and 19.
DATES: Public and Federal agency comments on the appeal are due within
30 days of the publication of this Notice.
ADDRESSES: Comments should be sent to Odin Smith, Attorney-Advisor,
National Oceanic and Atmospheric Administration, U.S. Department of
Commerce, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910.
Materials from the appeal record will be available at the NOAA Office
of the General Counsel for Ocean Services.
FOR FURTHER INFORMATION CONTACT: Odin Smith, Attorney-Advisor, NOAA
Office of the General Counsel, 301-713-7392.
I. Notice of Appeal
BIA and the Tribe have jointly filed a notice of appeal with the
Secretary of Commerce pursuant to the Coastal Zone Management Act of
1972 (CZMA), 16 U.S.C. 1451 et seq., and implementing regulations found
at 15 CFR part 930, subpart H. BIA and the Tribe appeal an objection,
filed by the Commission, to a consistency determination prepared by BIA
related to the proposed acquisition by BIA of approximately 5 acres of
land in Humboldt County, California, into trust status for the Tribe
for future planned tribal housing development.
The Appellants request that the Secretary override the State's
objection on grounds that the project is consistent with the objectives
or purposes of the CZMA. To make the determination that the proposed
activity is ``consistent with the objectives or purposes'' of the CZMA,
the Secretary must find that: (1) The proposed activity furthers the
national interest as articulated in sections 302 or 303 of the CZMA, in
a significant or substantial manner; (2) the adverse effects of the
proposed activity do not outweigh its contribution to the national
interest, when those effects are considered separately or cumulatively;
and (3) no reasonable alternative is available that would permit the
activity to be conducted in a manner consistent with enforceable
policies of California's coastal management program. 15 CFR 930.121
(2005), as amended, 71 FR 787, 831 (Jan. 5, 2006).
II. Public and Federal Agency Comments
Written comments are invited on any of the issues the Secretary
must consider in deciding this appeal. Comments must be received within
30 days of the publication of this notice, and may be submitted to Odin
Smith, Attorney-Advisor, NOAA Office of the General Counsel for Ocean
Services, National Oceanic and Atmospheric Administration, U.S.
Department of Commerce, 1305 East-West Highway, Room 6111, Silver
Spring, MD 20910. Comments will be made available to Appellants and the
III. Appeal Documents
NOAA intends to provide the public with access to all materials and
related documents comprising the appeal record during business hours,
at the NOAA Office of the General Counsel for Ocean Services.
For additional information about this appeal contact Odin Smith,
Dated: February 15, 2007.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
[FR Doc. 07-768 Filed 2-20-07; 8:45 am]
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