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76010 Federal Register / Vol. 70, No.

245 / Thursday, December 22, 2005 / Proposed Rules

the conduct that violates U.S. law also violate pursuant to the Military Extraterritorial comments and proposals to change this
the law of the host nation, as well as a means Jurisdiction Act of 2000 (18 U.S.C. 3261, et. proposed rule no later than March 24,
of prosecuting covered persons for crimes seq.). lllll (Initials) 2006. Federal Subsistence Regional
committed in areas in which there is no c. Other proceedings (Specify):
llllllllll. lll (Initials)
Advisory Councils (Regional Councils)
effective host nation criminal justice system.
(f) In addition to the limitations imposed llllllllll will hold public meetings to receive
upon prosecutions by section 3261(b) of the Signature of Person To Be Represented By proposals to change this proposed rule
Act, the Act and these procedures should be Military Counsel llllllllll from February 16, 2006–March 21, 2006.
reserved generally for serious misconduct for Signature of Witness* See SUPPLEMENTARY INFORMATION for
which administrative or disciplinary additional information on the public
remedies are determined to be inadequate or Attachment:
meetings.
inappropriate. Because of the practical Federal Magistrate Judge Order
constraints and limitations on the resources (*Note: The witness must be a person other ADDRESSES: You may submit proposals
available to bring these cases to successful than the defense counsel to be made by any of the following methods:
prosecution in the United States, initiation of available for this limited legal • E-mail: Subsistence@fws.gov.
action under this part would not generally be representation.) • Fax: 907–786–3898.
warranted unless serious misconduct were Dated: December 2, 2005. • Mail: Office of Subsistence
involved. L.M. Bynum, Management, 3601 C Street, Suite 1030,
(g) The procedures set out in the Act and Anchorage, Alaska 99503.
this part do not apply to cases in which the Alternate OSD Federal Register Liaison
Officer, Department of Defense. See SUPPLEMENTARY INFORMATION for
return of fugitive offenders is sought through
extradition and similar proceedings, nor are
file formats and other information about
[FR Doc. 05–23938 Filed 12–21–05; 8:45 am]
extradition procedures applicable to cases electronic filing. The public meetings
BILLING CODE 5001–06–P
under the Act. will be held at various locations in
Alaska. See SUPPLEMENTARY INFORMATION
Appendix B to Part 153— for additional information on locations
Acknowledgment of Limited Legal DEPARTMENT OF AGRICULTURE of the public meetings.
Representation (Sample) FOR FURTHER INFORMATION CONTACT:
Forest Service
1. I, llllllllll, have been Chair, Federal Subsistence Board, c/o
named as a suspect or defendant in a matter U.S. Fish and Wildlife Service,
to which I have been advised is subject to the
36 CFR Part 242
Attention: Thomas H. Boyd, Office of
jurisdiction of the Military Extraterritorial Subsistence Management; (907) 786–
Jurisdiction Act of 2000 (18 U.S.C. 3261, et. DEPARTMENT OF THE INTERIOR
seq.); hereinafter referred to as ‘‘the Act’’. I
3888. For questions specific to National
have also been informed that certain initial Fish and Wildlife Service Forest System lands, contact Steve
proceedings under 18 U.S.C. 3265 may be Kessler, Regional Subsistence Program
required under this Act, for which I am 50 CFR Part 100 Leader, USDA, Forest Service, Alaska
entitled to be represented by legal counsel. Region, (907) 786–3592.
2. I acknowledge and understand that the RIN 1018–AU57
SUPPLEMENTARY INFORMATION:
appointment of military counsel for the
limited purpose of legal representation in Subsistence Management Regulations Public Review Process—Regulation
proceedings conducted pursuant to the Act is for Public Lands in Alaska, Subpart C Comments, Proposals, and Public
dependent upon my being unable to retain and Subpart D–2007–08 Subsistence Meetings
civilian defense counsel representation for Taking of Fish and Shellfish
such proceedings, due to my indigent status, The Federal Subsistence Board
Regulations
and that qualified military defense counsel (Board) will hold meetings on this
has been made available. AGENCIES: Forest Service, Agriculture; proposed rule at the following locations
3. Pursuant to the Act, Fish and Wildlife Service, Interior. in Alaska:
llllllllll, a Federal Magistrate ACTION: Proposed rule. Region 1—Southeast Regional Council,
Judge, has issued the attached Order and has
directed that that military counsel be made Saxman, February 27, 2006
SUMMARY: This proposed rule would Region 2—Southcentral Regional
available: establish regulations for fishing seasons,
ll For the limited purpose of Council, Anchorage, March 14, 2006
representing me at an initial proceeding to be
harvest limits, methods, and means Region 3—Kodiak/Aleutians Regional
conducted outside the United States related to taking of fish and shellfish for Council, King Cove, March 21, 2006
pursuant to 18 U.S.C. 3265, subsistence uses during the 2007–08 Region 4—Bristol Bay Regional Council,
ll For the limited purpose of regulatory year. The rulemaking is Naknek, February 20, 2006
representing me in an initial detention necessary because Subpart D is subject Region 5—Yukon-Kuskokwim Delta
hearing to be conducted outside the United to an annual public review cycle. When Regional Council, Emmonak,
States pursuant to 18 U.S.C. 3265(b), final, this rulemaking would replace the February 23, 2006
4. lllllllll, military counsel, fish and shellfish taking regulations
has been made available in accordance with
Region 6—Western Interior Regional
Department of Defense Instruction 5525.bb,
included in the ‘‘Subsistence Council, Koyukuk, March 7, 2006
and as directed by the attached Order of a Management Regulations for Public Region 7—Seward Peninsula Regional
Federal Magistrate Judge. Lands in Alaska, Subpart D–2006–07 Council, Nome, February 23, 2006
5. I (do) (do not) wish to be represented by Subsistence Taking of Fish and Wildlife Region 8—Northwest Arctic Regional
llllllllll, military counsel Regulations,’’ which expire on March Council, Kotzebue, March 7, 2006
lll (Initials). 31, 2007. This rule would also amend Region 9—Eastern Interior Regional
6. I understand that the legal the Customary and Traditional Use Council, Venetie, February 28, 2006
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representation of llllllllll, Determinations of the Federal Region 10—North Slope Regional


military counsel, is limited to: Subsistence Board and the General Council, Barrow, February 16, 2006
a. Representation at the initial proceedings
conducted outside the United States
Regulations related to the taking of fish We will publish notice of specific
pursuant to 18 U.S.C. 3265. lll (Initials) and shellfish. dates, times, and meeting locations in
b. The initial detention hearing to be DATES: The Federal Subsistence Board local and statewide newspapers prior to
conducted outside the United States must receive your written public the meetings. We may need to change

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Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Proposed Rules 76011

locations and dates based on weather or or __.28, Subpart D, may be rejected. Director, U.S. Bureau of Land
local circumstances. The amount of The Board may defer review and action Management; the Alaska Regional
work on each Regional Council’s agenda on some proposals if workload exceeds Director, U.S. Bureau of Indian Affairs;
will determine the length of the work capacity of staff, Regional and the Alaska Regional Forester, USDA
Regional Council meetings. Councils, or Board. These deferrals will Forest Service. Through the Board, these
Electronic filing of comments be based on recommendations of the agencies participate in the development
(preferred method): Please submit affected Regional Council, staff of regulations for Subparts A, B, and C,
electronic comments (proposals) and members, and on the basis of least harm and the annual Subpart D regulations.
other data to Subsistence@fws.gov. to the subsistence user and the resource All Board members have reviewed
Please submit as either WordPerfect or involved. Proposals should be specific this proposed rule and agree with its
MS Word files, avoiding the use of any to customary and traditional use substance. Because this proposed rule
special characters and any form of determinations or to subsistence fishing relates to public lands managed by an
encryption. seasons, harvest limits, and/or methods agency or agencies in both the
During May 2006, we will compile and means. Departments of Agriculture and the
and distribute for additional public Interior, identical text would be
Background
review the written proposals to change incorporated into 36 CFR part 242 and
Subpart D fishing regulations and in Title VIII of the Alaska National 50 CFR part 100.
Subpart C the customary and traditional Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111–3126) Applicability of Subparts A, B, and C
use determinations. A 30-day public
comment period will follow distribution requires that the Secretary of the Interior Subparts A, B, and C (unless
of the compiled proposal packet. We and the Secretary of Agriculture otherwise amended) of the Subsistence
will accept written public comments on (Secretaries) implement a joint program Management Regulations for Public
distributed proposals during the public to grant a preference for subsistence Lands in Alaska, 50 CFR 100.1 to 100.23
comment period, which is presently uses of fish and wildlife resources on and 36 CFR 242.1 to 242.23, remain
scheduled to end on June 30, 2006. public lands, unless the State of Alaska effective and apply to this proposed
We will hold a second series of enacts and implements laws of general rule. Therefore, all definitions located at
Regional Council meetings in September applicability that are consistent with 50 CFR 100.4 and 36 CFR 242.4 would
and October 2006, to assist the Regional ANILCA and that provide for the apply to regulations found in this
Councils in developing subsistence definition, preference, and subpart.
recommendations to the Board. You participation specified in sections 803,
804, and 805 of ANILCA. The State Federal Subsistence Regional Advisory
may also present comments on Councils
published proposals to change fishing implemented a program that the
and customary and traditional use Department of the Interior previously Pursuant to the Record of Decision,
determination regulations to the found to be consistent with ANILCA. Subsistence Management Regulations
Regional Councils at those fall meetings. However, in December 1989, the Alaska for Federal Public Lands in Alaska,
The Board will discuss and evaluate Supreme Court ruled in McDowell v. April 6, 1992, and the Subsistence
proposed changes to the subsistence State of Alaska that the rural preference Management Regulations for Federal
taking of fish and shellfish regulations in the State subsistence statute violated Public Lands in Alaska, 36 CFR 242.11
during a public meeting to be held in the Alaska Constitution. The Court’s (2004) and 50 CFR 100.11 (2004), and
Anchorage, January 2007. You may ruling in McDowell required the State to for the purposes identified therein, we
provide additional oral testimony on delete the rural preference from the divide Alaska into 10 subsistence
specific proposals before the Board at subsistence statute and, therefore, resource regions, each of which is
that time. The Board will then negated State compliance with ANILCA. represented by a Regional Council. The
deliberate and take final action on The Court stayed the effect of the Regional Councils provide a forum for
proposals received that request changes decision until July 1, 1990. rural residents with personal knowledge
to this proposed rule at that public As a result of the McDowell decision, of local conditions and resource
meeting. the Department of the Interior and the requirements to have a meaningful role
Department of Agriculture in the subsistence management of fish
Please Note: The Board will not consider (Departments) assumed, on July 1, 1990, and wildlife on Alaska public lands.
proposals for changes relating to hunting or responsibility for implementation of
trapping regulations at this time. The Board
The Regional Council members
Title VIII of ANILCA on public lands. represent varied geographical, cultural,
will be calling for proposed changes to those
regulations in August 2006.
On June 29, 1990, the Temporary and user diversity within each region.
Subsistence Management Regulations The Regional Councils have a
The Board’s review of your comments for Public Lands in Alaska were substantial role in reviewing the
and fish and shellfish proposals will be published in the Federal Register (55 proposed rule and making
facilitated by you providing the FR 27114). Consistent with Subparts A, recommendations for the final rule.
following information: (a) Your name, B, and C of these regulations, as revised Moreover, the Council Chairs, or their
address, and telephone number; (b) The October 14, 2004 (69 FR 60957), the designated representatives, will present
section and/or paragraph of the Departments established a Federal their Council’s recommendations at the
proposed rule for which your change is Subsistence Board to administer the Board meeting in January 2007.
being suggested; (c) A statement Federal Subsistence Management
explaining why the change is necessary; Program. The Board’s composition Proposed Changes from 2006–07
(d) The proposed wording change; (e) includes a Chair appointed by the Seasons and Harvest Limit Regulations
rwilkins on PROD1PC63 with PROPOSALS

Any additional information you believe Secretary of the Interior with Subpart D regulations are subject to
will help the Board in evaluating your concurrence of the Secretary of an annual cycle and require
proposal. Proposals that fail to include Agriculture; the Alaska Regional development of an entire new rule each
the above information, or proposals that Director, U.S. Fish and Wildlife Service; year. Customary and traditional use
are beyond the scope of authorities in the Alaska Regional Director, U.S. determinations (§ __.24 of Subpart C) are
§ __.24, Subpart C, and §§ __.25, __.27, National Park Service; the Alaska State also subject to an annual review process

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76012 Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Proposed Rules

providing for modification each year. regulations. The final rule for information unless it displays a current
The text of the 2005B06 Subparts C and Subsistence Management Regulations valid OMB control number.
D final rule, as modified by Federal for Public Lands in Alaska, Subparts A,
Economic Effects
Subsistence Board actions during their B, and C (57 FR 22940, published May
January 10–12, 2006, public meeting, 29, 1992) implemented the Federal This rule is not a significant rule
serves as the foundation for the 2007B08 Subsistence Management Program and subject to OMB review under Executive
Subparts C and D proposed rule. Please included a framework for an annual Order 12866. This rulemaking will
see the 2005B06 Subparts C and D final cycle for subsistence hunting and impose no significant costs on small
rule published in the March 21, 2005, fishing regulations. entities; this rule does not restrict any
(70 FR 13377) issue of the Federal An environmental assessment was existing sport or commercial fishery on
Register. The modifications for 2006–07 prepared in 1997 on the expansion of the public lands, and subsistence
made by the Board during their January Federal jurisdiction over fisheries and is fisheries will continue at essentially the
2006 meeting may be viewed on the available by contacting the office listed same levels as they presently occur. The
Office of Subsistence Management Web under FOR FURTHER INFORMATION exact number of businesses and the
site at http://www.alaska.fws.gov/asm/ CONTACT. The Secretary of the Interior
amount of trade that will result from
home.html. The regulations contained with the concurrence of the Secretary of this Federal land related activity is
in this proposed rule would take effect Agriculture determined that the unknown. The aggregate effect is an
on April 1, 2007, unless elements are expansion of Federal jurisdiction did insignificant positive economic effect on
changed by subsequent Board action a number of small entities, such as
not constitute a major Federal action,
following the public review process tackle, boat, and gasoline dealers. The
significantly affecting the human
outlined herein. number of small entities affected is
environment and has, therefore, signed
unknown; however, the fact that the
Conformance with Statutory and a Finding of No Significant Impact.
positive effects will be seasonal in
Regulatory Authorities Compliance With Section 810 of nature and will, in most cases, merely
National Environmental Policy Act ANILCA continue preexisting uses of public
Compliance lands indicates that they will not be
A section 810 analysis was completed
significant.
A Draft Environmental Impact as part of the FEIS process on the In general, the resources to be
Statement (DEIS) that described four Federal Subsistence Management harvested under this rule are already
alternatives for developing a Federal Program. The intent of all Federal being harvested and consumed by the
Subsistence Management Program was subsistence regulations is to accord local harvester and do not result in an
distributed for public comment on subsistence uses of fish and wildlife on additional dollar benefit to the
October 7, 1991. That document public lands a priority over the taking economy. However, we estimate that 24
described the major issues associated of fish and wildlife on such lands for million pounds of fish (including 8.3
with Federal subsistence management other purposes, unless restriction is million pounds of salmon) are harvested
as identified through public meetings, necessary to conserve healthy fish and by the local subsistence users annually
written comments, and staff analysis wildlife populations. The final section and, if given a dollar value of $3.00 per
and examined the environmental 810 analysis determination appeared in pound for salmon [Note: $3.00 per
consequences of the four alternatives. the April 6, 1992, ROD, which pound is much higher than the current
Proposed regulations (Subparts A, B, concluded that the Federal Subsistence commercial value for salmon] and $0.58
and C) that would implement the Management Program, under per pound for other fish, would equate
preferred alternative were included in Alternative IV with an annual process to about $34 million in food value
the DEIS as an appendix. The DEIS and for setting hunting and fishing Statewide.
the proposed administrative regulations regulations, may have some local The Regulatory Flexibility Act of 1980
presented a framework for an annual impacts on subsistence uses, but it does (5 U.S.C. 601 et seq.) requires
regulatory cycle regarding subsistence not appear that the program may preparation of flexibility analyses for
hunting and fishing regulations (Subpart significantly restrict subsistence uses. rules that will have a significant
D). The Final Environmental Impact During the environmental assessment economic effect on a substantial number
Statement (FEIS) was published on process, an evaluation of the effects of of small entities, which include small
February 28, 1992. this rule was also conducted in businesses, organizations, or
Based on the public comment accordance with section 810. This governmental jurisdictions. The
received, the analysis contained in the evaluation supports the Secretaries’ Departments certify based on the above
FEIS, and the recommendations of the determination that the rule will not figures that this rulemaking will not
Federal Subsistence Board and the reach the ‘‘may significantly restrict’’ have a significant economic effect on a
Department of the Interior’s Subsistence threshold for notice and hearings under substantial number of small entities
Policy Group, it was the decision of the ANILCA section 810(a) for any within the meaning of the Regulatory
Secretary of the Interior, with the subsistence resources or uses. Flexibility Act. Under the Small
concurrence of the Secretary of Business Regulatory Enforcement
Paperwork Reduction Act
Agriculture, through the U.S. Fairness Act (5 U.S.C. 801 et seq.), this
Department of Agriculture—Forest The information collection rule is not a major rule. It does not have
Service, to implement Alternative IV as requirements contained in this rule have an effect on the economy of $100
identified in the DEIS and FEIS (Record been approved by the Office of million or more, will not cause a major
of Decision on Subsistence Management Management and Budget (OMB) under increase in costs or prices for
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for Federal Public Lands in Alaska the Paperwork Reduction Act of 1995 consumers, and does not have
(ROD), signed April 6, 1992). The DEIS (44 U.S.C. 3501 et seq.) and assigned significant adverse effects on
and the selected alternative in the FEIS OMB control number 1018–0075, which competition, employment, investment,
defined the administrative framework of expires August 31, 2006. We may not productivity, innovation, or the ability
an annual regulatory cycle for conduct or sponsor, and you are not of U.S.-based enterprises to compete
subsistence hunting and fishing required to respond to, a collection of with foreign-based enterprises.

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Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Proposed Rules 76013

Title VIII of ANILCA requires the Service; and Steve Kessler, USDA— regulatory interpretation for such
Secretaries to administer a subsistence Forest Service provided additional situations. Today’s draft policy
priority on public lands. The scope of guidance. describes both an interpretation of
this program is limited by definition to regulations, as well as guidance to
List of Subjects
certain public lands. Likewise, these implement such an interpretation.
regulations have no potential takings of 36 CFR Part 242 EPA’s intention is to ensure that NPDES
private property implications as defined requirements be developed and applied
Administrative practice and
by Executive Order 12630. in a nationally-consistent manner that
procedure, Alaska, Fish, National
The Secretaries have determined and improves the capacity, management,
certify pursuant to the Unfunded forests, Public lands, Reporting and
recordkeeping requirements, Wildlife. operation and maintenance of POTW
Mandates Reform Act, 2 U.S.C. 1502 et treatment plants and separate sanitary
seq., that this rulemaking will not 50 CFR Part 100 sewer collection systems and protects
impose a cost of $100 million or more human health and the environment.
Administrative practice and
in any given year on local or State DATES: Comments must be received or
procedure, Alaska, Fish, National
governments or private entities. The postmarked on or before January 23,
forests, Public lands, Reporting and
implementation of this rule is by 2006.
recordkeeping requirements, Wildlife.
Federal agencies and there is no cost
imposed on any State or local entities or For the reasons set out in the ADDRESSES: Submit your comments,
tribal governments. preamble, the Federal Subsistence identified by Docket ID No. EPA–HQ–
The Secretaries have determined that Board proposes to amend 36 CFR part OW–2005–0523, by one of the following
these regulations meet the applicable 242 and 50 CFR part 100 for the 2007– methods:
standards provided in sections 3(a) and 08 regulatory year. The text of the • http://www.regulations.gov: Follow
3(b)(2) of Executive Order 12988, amendments would be the same as the the on-line instructions for submitting
regarding civil justice reform. final rule for the 2005–06 regulatory comments.
In accordance with Executive Order year (70 FR 13377) as modified by • E-mail: Comments may be sent by
13132, the rule does not have sufficient Federal Subsistence Board actions electronic mail (e-mail) to OW-
federalism implications to warrant the January 10–12, 2006. Docket@epa.gov, Attention Docket ID
preparation of a Federalism Assessment. Dated: December 5, 2005.
No. EPA–HQ–OW–2005–0523. In
Title VIII of ANILCA precludes the State contrast to EPA’s electronic public
Thomas H. Boyd,
from exercising subsistence docket, EPA’s e-mail system is not an
Acting Chair, Federal Subsistence Board. ‘‘anonymous access’’ system. If you
management authority over fish and
wildlife resources on Federal lands Steve Kessler, send an e-mail comment directly to the
unless it meets certain requirements. Subsistence Program Leader, USDA—Forest Docket without going through EPA’s
In accordance with the President’s Service. electronic public docket, EPA’s e-mail
memorandum of April 29, 1994, [FR Doc. 05–24353 Filed 12–21–05; 8:45 am] system automatically captures your e-
‘‘Government-to-Government Relations BILLING CODE 4310–55–P; 3410–11–P mail address. E-mail addresses that are
with Native American Tribal automatically captured by EPA’s e-mail
Governments’’ (59 FR 22951), Executive system are included as part of the
Order 13175, and 512 DM 2, we have ENVIRONMENTAL PROTECTION comment that is placed in the official
evaluated possible effects on Federally AGENCY public docket, and made available in
recognized Indian tribes and have EPA’s electronic public docket.
determined that there are no effects. The 40 CFR Parts 122 and 123 • Mail: Send an original and three
Bureau of Indian Affairs is a copies of your comments to: Water
[EPA–HQ–OW–2005–0523, FRL—8013–9]
participating agency in this rulemaking. Docket, Environmental Protection
On May 18, 2001, the President issued National Pollutant Discharge Agency, Mailcode 4101T, 1200
Executive Order 13211 on regulations Elimination System (NPDES) Permit Pennsylvania Ave., NW., Washington,
that significantly affect energy supply, Requirements for Peak Wet Weather DC 20460, Attention Docket ID No.
distribution, or use. This Executive Discharges From Publicly Owned EPA–HQ–OW–2005–0523.
Order requires agencies to prepare Treatment Works Treatment Plants • Hand Delivery: Deliver your
Statements of Energy Effects when Serving Separate Sanitary Sewer comments to: EPA Docket Center, EPA
undertaking certain actions. As this rule Collection Systems West, Room B102, 1301 Constitution
is not a significant regulatory action Ave., NW., Washington, DC, Attention
under Executive Order 13211, affecting AGENCY: Environmental Protection Docket ID No. EPA–HQ–OW–2005–
energy supply, distribution, or use, this Agency (EPA). 0523. Such deliveries are only accepted
action is not a significant action and no ACTION: Notice of availability and during the Docket’s normal hours of
Statement of Energy Effects is required. request for comment. operation and special arrangements
Drafting Information—William should be made for deliveries of boxed
Knauer drafted these regulations under SUMMARY: Today, EPA is inviting information.
the guidance of Thomas H. Boyd, of the comment on a draft policy regarding Instructions: Direct your comments to
Office of Subsistence Management, NPDES permit requirements for peak Docket ID No. EPA–HQ–OW–2005–
Alaska Regional Office, U.S. Fish and wet weather discharges from publicly 0523. EPA’s policy is that all comments
Wildlife Service, Anchorage, Alaska. owned treatment works (POTW) received will be included in the public
Taylor Brelsford, Alaska State Office, treatment plants serving separate docket without change and may be
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Bureau of Land Management; Nancy sanitary sewer collection systems. made available online at http://
Swanton, Alaska Regional Office, Regulatory agencies, municipal www.regulations.gov, including any
National Park Service; Dr. Glenn Chen, operators of wastewater facilities, and personal information provided, unless
Alaska Regional Office, Bureau of representatives of environmental the comment includes information
Indian Affairs; Jerry Berg, Alaska advocacy groups have expressed claimed to be Confidential Business
Regional Office, U.S. Fish and Wildlife uncertainty about the appropriate Information (CBI) or other information

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