82 FR 3349 - Marianas Trench Marine National Monument, Commonwealth of the Northern Mariana Islands; Completion of the Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 7 (January 11, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 7 (January 11, 2017)
| Page Range | 3349-3350 | |
| FR Document | 2017-00404 |
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)] [Notices] [Pages 3349-3350] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00404] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R1-R-2016-N167; 1265-0000-10135-S3] Marianas Trench Marine National Monument, Commonwealth of the Northern Mariana Islands; Completion of the Northern Islands Submerged Lands Transfer to the Commonwealth of the Northern Mariana Islands AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the availability of our finding of no significant impact (FONSI) and final environmental assessment (Final EA) for the Marianas Trench Marine National Monument (Monument) Northern Islands Submerged Lands (submerged lands) Transfer to the Commonwealth of the Northern Mariana Islands (CNMI). The FONSI documents our decision to implement Alternative 2, as it is described in the Final EA, resulting in the Department of the Interior (DOI) conveying title to certain submerged lands within the Monument from the United States to the CNMI Government through a Patent, under the authority of the Territorial Submerged Lands Act (TSLA), as amended, 48 U.S.C. 1705, et seq. The effective date of the submerged lands transfer was December 21, 2016, the day the Patent was signed by the Governor of the CNMI. DATES: The Service's Regional Director, Pacific Region, signed the FONSI on September 15, 2016, and the conveyance was effective December 21, 2016. ADDRESSES: You may download the FONSI, Final EA, and related documents from our Web site https://www.fws.gov/marianastrenchmarinemonument/, and view copies of them in person at the libraries listed under SUPPLEMENTARY INFORMATION. You may direct questions to the Service regarding the submerged lands transfer by any one of the following methods. Email: [email protected]. Include ``Submerged Lands Transfer'' in the subject line of the message. Fax: Attn: Charles Houghten, 503-231-6161. U.S. Mail: U.S. Fish and Wildlife Service, Pacific Region, Attn: Charles Houghten, Chief, Lands Division, 911 NE 11th Ave., Portland, OR 97232. FOR FURTHER INFORMATION CONTACT: Charles Houghten, 503-231-6207 (phone). SUPPLEMENTARY INFORMATION: Introduction With this notice, we are announcing the completion of our Final EA, FONSI, Memorandum of Agreement (MOA), and Patent, developed in cooperation with the National Oceanic and Atmospheric Administration (NOAA) and the CNMI Government. Copies of the documents are available on the Monument's Web site: https://www.fws.gov/refuge/mariana_trench_marine_national_monument/. [[Page 3350]] The Final EA and FONSI were developed in compliance with the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.); NEPA Regulations (40 CFR parts 1500-1508); other Federal laws and regulations; and our policies and procedures for compliance with those laws and regulations. The subject of our Final EA and FONSI is the submerged lands adjacent to the islands of Farallon de Pajaros (Uracas), Maug, and Asuncion permanently covered by tidal waters up to the mean low water line and extending three miles seaward from the mean high tide line. The submerged lands are among some of the most biologically diverse in the Western Pacific Ocean, with relatively pristine coral reef ecosystems that have been proclaimed objects of scientific interest and reserved for their protection as part of the Islands Unit of the Monument by Presidential Proclamation (PP) 8335 of January 6, 2009. The submerged lands were excepted from transfer by operation of law (TSLA) to the CNMI Government by PP 9077 of January 15, 2014. PP 9077 also stated that it did not affect the authority of the Secretary of the Interior under the TSLA to convey the excepted submerged lands to CNMI after an agreement has been entered for coordination of management that ensures the protection of the Monument within the excepted area. We developed the agreement (Memorandum of Agreement or MOA) in cooperation with the CNMI Government, DOI, and the Department of Commerce (DOC) as part of our conveyance process and Draft and Final EA. Submerged Lands Conveyance Process Draft and Final EA We released our Draft EA to the public for a 30-day comment period announced in the Federal Register (81 FR 26825) on May 4, 2016. We identified two alternatives in the Draft EA and conducted a thorough analysis of their impacts on the human environment. We received comments during the May-June 2016 public comment period; substantive comments and our responses are provided in the Final EA. Comments concerning technical or minor edits were incorporated where relevant into the Final EA. Alternatives/Selected Alternative Alternative 1 was the Current Land Status Alternative (No Action); under it, DOI would not convey the submerged lands, including associated mineral rights to CNMI, and the Service and NOAA would continue to coordinate management of the submerged lands and associated waters, including fishery-related activities, in consultation with the CNMI Government. We selected Alternative 2 for implementation in our Finding of No Significant Impact, signed by the Service's Regional Director for the Pacific Region on September 15, 2016. Under this alternative (the Northern Islands Submerged Lands Conveyance Alternative), the parties would sign the MOA, and DOI would convey the submerged lands, including mineral rights, to the CNMI Government through the Patent with a reserved conservation easement. Memorandum of Agreement The MOA was signed by the CNMI Government, DOI, and the Department of Commerce (DOC), on September 22, 2016. The MOA identifies the roles and responsibilities of the CNMI Government, DOI, and DOC, for ensuring the protection of and coordinating the management of the conveyed submerged lands and associated waters. Under the MOA, the Service and NOAA are managing the conveyed submerged lands for the benefit of the CNMI people and in consultation with the CNMI Government. The MOA provides for the CNMI Government to assume primary responsibility for managing the submerged lands and associated waters, consistent with the purposes and requirements of PP 8335 and PP 9077, by notifying DOI and DOC of its desire to do so. CNMI's management would include the benthic and living marine resources of the associated water column, and subterranean of the submerged lands and the associated mineral rights within. The MOA became effective upon conveyance of the submerged lands, consistent with the requirements of PP 9077. A copy of the MOA is available in the Final EA. Congressional Review and Patent Completing the Draft EA and public comment period, and the Final EA, FONSI, MOA, and Patent, were milestone accomplishments in our conveyance process. After the public comment period ended for the Draft EA, we initiated the Congressional Review (CR) period for the proposed conveyance, in accordance with the process required by subsection 1(c) of the TSLA. The CR period was 60 legislative days, which was initiated by the Secretary of the Interior by describing our proposal in letters to the House of Representatives Committee on Natural Resources and the Senate Committee on Energy and Natural Resources, dated June 17, 2016. The CR period was completed on November 14, 2016, thereafter we moved forward with completing the conveyance. Interior Secretary Sally Jewell executed a Patent conveying the submerged lands from the United States to the CNMI Government on November 29, 2016. Governor Ralph Torres (CNMI) accepted and signed the patent on December 21, 2016. The Patent reserves an easement to ensure that the submerged lands and associated resources conveyed to the CNMI Government are managed and maintained for the protection of the Monument or other federal conservation status, unless such conservation status is withdrawn by an Act of Congress. A copy of the Patent is available in an appendix in the Final EA. Public Availability of Documents A copy of the Final EA/FONSI, which includes copies of the MOA and Patent, are available at the following libraries and through sources identified under ADDRESSES.Joeten-Kiyu Public Library, Ins[aring]tto Street, Susupe, Sa'ipan, MP, 96950-1092. Tini'an Municipal Public Library, Riverside Drive, Tinian, MP 96952. Antonio Camacho Atalig Memorial Library, Rota Northern Marianas Campus, Tatachog Village, Rota, MP. Robyn Thorson, Regional Director, Pacific Region, Portland, Oregon. [FR Doc. 2017-00404 Filed 1-10-17; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices 3349
damages arising from environmental to restore, rehabilitate, replace, and/or SUMMARY: We, the U.S. Fish and
contamination at the Sinclair Refinery acquire the equivalent of the natural Wildlife Service (Service), announce the
Superfund Site, located in Allegany resources injured at the site, including availability of our finding of no
County, New York. The settlement will the costs of restoration planning and significant impact (FONSI) and final
resolve claims under the oversight activities. In exchange, DOI environmental assessment (Final EA) for
Comprehensive Environmental and DEC will provide the settling party the Marianas Trench Marine National
Response, Compensation, and Liability a covenant not to sue. The settlement Monument (Monument) Northern
Act; the Oil Pollution Act; the Clean has been approved by the Islands Submerged Lands (submerged
Water Act; and applicable State law. Environmental and Natural Resources lands) Transfer to the Commonwealth of
DATES: Comments must be submitted by Division of the United States the Northern Mariana Islands (CNMI).
February 10, 2017. Department of Justice. The FONSI documents our decision to
ADDRESSES: Document availability: A For 30 days following the date of implement Alternative 2, as it is
copy of the proposed settlement may be publication of this notice (see DATES), described in the Final EA, resulting in
obtained from Amy Roe, USFWS DOI will receive written comments the Department of the Interior (DOI)
Biologist, by mail to the U.S. Fish and relating to the settlement (section XI of conveying title to certain submerged
Wildlife Service, New York Field Office, the proposed settlement). DOI and DEC lands within the Monument from the
3817 Luker Road, Cortland, NY 13045; will consider all comments received and United States to the CNMI Government
via email to amy_roe@fws.gov; or via may modify or withdraw their consent through a Patent, under the authority of
telephone at 607–753–9334. to settlement if comments received the Territorial Submerged Lands Act
Comment submission: Comments disclose facts or considerations that (TSLA), as amended, 48 U.S.C. 1705, et
should be addressed to Amy Roe at the indicate that the settlement is seq. The effective date of the submerged
contact information listed above and inappropriate, improper, or inadequate. lands transfer was December 21, 2016,
should reference the Sinclair Refinery Written comments that we receive the day the Patent was signed by the
Superfund Site. become part of the public record Governor of the CNMI.
DOI response to comments: DOI’s associated with this action. Before DATES: The Service’s Regional Director,
response to any comments received will including your address, phone number, Pacific Region, signed the FONSI on
be available for public inspection at email address, or other personal September 15, 2016, and the
https://www.fws.gov/northeast/nyfo/ec/ identifying information in your conveyance was effective December 21,
nrda.htm. comment, you should be aware that 2016.
FOR FURTHER INFORMATION CONTACT: your entire comment—including your
ADDRESSES: You may download the
Direct technical questions to Amy Roe personal identifying information—may
FONSI, Final EA, and related
(see ADDRESSES). For legal questions, be made publicly available at any time.
documents from our Web site https://
contact Mark Barash, via mail to the While you can request in your comment
www.fws.gov/
Office of the Solicitor, U.S. Department that we withhold your personal
marianastrenchmarinemonument/, and
of the Interior, Suite 612, 1 Gateway identifying information from public
view copies of them in person at the
Center, 300 Washington Street, Newton, review, we cannot guarantee we will be
libraries listed under SUPPLEMENTARY
MA 02458; via email to mark.barash@ able to do so. All submissions from
INFORMATION.
sol.doi.gov; or via telephone at 617– organizations or businesses, and from
You may direct questions to the
527–2103. individuals identifying themselves as
Service regarding the submerged lands
SUPPLEMENTARY INFORMATION: This representatives or officials of
transfer by any one of the following
proposed settlement with Atlantic organizations or businesses, will be
methods.
Richfield Company regarding natural made available for public disclosure in
their entirety. Email: fw1_sltransfer_cnmi@fws.gov.
resource damages arising from Include ‘‘Submerged Lands Transfer’’ in
environmental contamination at the Dated: December 28, 2016. the subject line of the message.
Sinclair Refinery Superfund Site, Deborah Rocque, Fax: Attn: Charles Houghten, 503–
located in Allegany County, NY, will Acting Regional Director, Northeast Region, 231–6161.
resolve claims in accordance with U.S. Fish and Wildlife Service. U.S. Mail: U.S. Fish and Wildlife
section 122(j) of the Comprehensive [FR Doc. 2017–00416 Filed 1–10–17; 8:45 am] Service, Pacific Region, Attn: Charles
Environmental Response, BILLING CODE 4333–15–P Houghten, Chief, Lands Division, 911
Compensation, and Liability Act, as NE 11th Ave., Portland, OR 97232.
amended (42 U.S.C. 9622(j); CERCLA),
FOR FURTHER INFORMATION CONTACT:
and Executive Order 12580 (52 FR 2923; DEPARTMENT OF THE INTERIOR
January 29, 1987). The settling party to Charles Houghten, 503–231–6207
this settlement is Atlantic Richfield Fish and Wildlife Service (phone).
Company. The settlement includes a SUPPLEMENTARY INFORMATION:
covenant not to sue the settling party [FWS–R1–R–2016–N167; 1265–0000–10135–
S3] Introduction
pursuant to section 107(a)(1)(C) of
CERCLA, 42 U.S.C. 9607(a)(1)(C); the With this notice, we are announcing
Oil Pollution Act of 1990, 33 U.S.C. Marianas Trench Marine National the completion of our Final EA, FONSI,
2701 et seq.; and the natural resource Monument, Commonwealth of the Memorandum of Agreement (MOA), and
Northern Mariana Islands; Completion Patent, developed in cooperation with
sradovich on DSK3GMQ082PROD with NOTICES
damages provisions of the Clean Water
Act, 33 U.S.C. 1321(f)(4). of the Northern Islands Submerged the National Oceanic and Atmospheric
The settlement will require Atlantic Lands Transfer to the Commonwealth Administration (NOAA) and the CNMI
Richfield Company to pay a total of of the Northern Mariana Islands Government. Copies of the documents
$275,000. DOI and DEC will receive AGENCY: Fish and Wildlife Service, are available on the Monument’s Web
$9,000 and $1,500, respectively, to Interior. site: https://www.fws.gov/refuge/
reimburse assessment costs. The rest of mariana_trench_marine_national_
ACTION: Notice of availability.
the money, $264,500, will fund projects monument/.
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![3350 Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices
The Final EA and FONSI were rights to CNMI, and the Service and House of Representatives Committee on
developed in compliance with the NOAA would continue to coordinate Natural Resources and the Senate
National Environmental Policy Act management of the submerged lands Committee on Energy and Natural
(NEPA) of 1969, as amended (42 U.S.C. and associated waters, including Resources, dated June 17, 2016. The CR
4321 et seq.); NEPA Regulations (40 CFR fishery-related activities, in consultation period was completed on November 14,
parts 1500–1508); other Federal laws with the CNMI Government. 2016, thereafter we moved forward with
and regulations; and our policies and We selected Alternative 2 for completing the conveyance.
procedures for compliance with those implementation in our Finding of No Interior Secretary Sally Jewell
laws and regulations. Significant Impact, signed by the executed a Patent conveying the
The subject of our Final EA and Service’s Regional Director for the submerged lands from the United States
FONSI is the submerged lands adjacent Pacific Region on September 15, 2016. to the CNMI Government on November
to the islands of Farallon de Pajaros Under this alternative (the Northern 29, 2016. Governor Ralph Torres (CNMI)
(Uracas), Maug, and Asuncion Islands Submerged Lands Conveyance accepted and signed the patent on
permanently covered by tidal waters up Alternative), the parties would sign the December 21, 2016. The Patent reserves
to the mean low water line and MOA, and DOI would convey the an easement to ensure that the
extending three miles seaward from the submerged lands, including mineral submerged lands and associated
mean high tide line. The submerged rights, to the CNMI Government through resources conveyed to the CNMI
lands are among some of the most the Patent with a reserved conservation Government are managed and
biologically diverse in the Western easement. maintained for the protection of the
Pacific Ocean, with relatively pristine Memorandum of Agreement Monument or other federal conservation
coral reef ecosystems that have been status, unless such conservation status
The MOA was signed by the CNMI is withdrawn by an Act of Congress. A
proclaimed objects of scientific interest
Government, DOI, and the Department copy of the Patent is available in an
and reserved for their protection as part
of Commerce (DOC), on September 22, appendix in the Final EA.
of the Islands Unit of the Monument by
2016. The MOA identifies the roles and
Presidential Proclamation (PP) 8335 of Public Availability of Documents
responsibilities of the CNMI
January 6, 2009.
Government, DOI, and DOC, for A copy of the Final EA/FONSI, which
The submerged lands were excepted
ensuring the protection of and includes copies of the MOA and Patent,
from transfer by operation of law
coordinating the management of the are available at the following libraries
(TSLA) to the CNMI Government by PP
conveyed submerged lands and and through sources identified under
9077 of January 15, 2014. PP 9077 also
associated waters. Under the MOA, the ADDRESSES.
stated that it did not affect the authority
of the Secretary of the Interior under the
Service and NOAA are managing the • Joeten-Kiyu Public Library, Insåtto
conveyed submerged lands for the Street, Susupe, Sa’ipan, MP, 96950–
TSLA to convey the excepted
benefit of the CNMI people and in 1092.
submerged lands to CNMI after an
agreement has been entered for
consultation with the CNMI • Tini’an Municipal Public Library,
Government. Riverside Drive, Tinian, MP 96952.
coordination of management that The MOA provides for the CNMI • Antonio Camacho Atalig Memorial
ensures the protection of the Monument Government to assume primary Library, Rota Northern Marianas
within the excepted area. We developed responsibility for managing the Campus, Tatachog Village, Rota, MP.
the agreement (Memorandum of submerged lands and associated waters,
Agreement or MOA) in cooperation with consistent with the purposes and Robyn Thorson,
the CNMI Government, DOI, and the requirements of PP 8335 and PP 9077, Regional Director, Pacific Region, Portland,
Department of Commerce (DOC) as part by notifying DOI and DOC of its desire Oregon.
of our conveyance process and Draft and to do so. CNMI’s management would [FR Doc. 2017–00404 Filed 1–10–17; 8:45 am]
Final EA. include the benthic and living marine BILLING CODE 4333–15–P
Submerged Lands Conveyance Process resources of the associated water
column, and subterranean of the
Draft and Final EA DEPARTMENT OF THE INTERIOR
submerged lands and the associated
We released our Draft EA to the mineral rights within. The MOA became Fish and Wildlife Service
public for a 30-day comment period effective upon conveyance of the
announced in the Federal Register (81 submerged lands, consistent with the [FW–R7–MM–2017–N002];
FR 26825) on May 4, 2016. We requirements of PP 9077. A copy of the [FXES111607MRG00–178–FF07CAMM00]
identified two alternatives in the Draft MOA is available in the Final EA.
EA and conducted a thorough analysis Proposed Information Collection;
of their impacts on the human Congressional Review and Patent Incidental Take of Marine Mammals
environment. We received comments Completing the Draft EA and public During Specified Oil and Gas Industry
during the May–June 2016 public comment period, and the Final EA, Activities
comment period; substantive comments FONSI, MOA, and Patent, were AGENCY: Fish and Wildlife Service,
and our responses are provided in the milestone accomplishments in our Interior.
Final EA. Comments concerning conveyance process. After the public ACTION: Notice; request for comments.
technical or minor edits were comment period ended for the Draft EA,
we initiated the Congressional Review SUMMARY: We (U.S. Fish and Wildlife
sradovich on DSK3GMQ082PROD with NOTICES
incorporated where relevant into the
Final EA. (CR) period for the proposed Service) will ask the Office of
conveyance, in accordance with the Management and Budget (OMB) to
Alternatives/Selected Alternative process required by subsection 1(c) of approve the information collection (IC)
Alternative 1 was the Current Land the TSLA. The CR period was 60 described below. As required by the
Status Alternative (No Action); under it, legislative days, which was initiated by Paperwork Reduction Act of 1995 and
DOI would not convey the submerged the Secretary of the Interior by as part of our continuing efforts to
lands, including associated mineral describing our proposal in letters to the reduce paperwork and respondent
VerDate Sep<11>2014 19:05 Jan 10, 2017 Jkt 241001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\11JAN1.SGM 11JAN1](https://thefederalregister.org/doc/82_FR_3356/page/2.svg)
Document Created: 2018-02-01 14:59:29
Document Modified: 2018-02-01 14:59:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability. | |
| Dates | The Service's Regional Director, Pacific Region, signed the FONSI on September 15, 2016, and the conveyance was effective December 21, 2016. | |
| Contact | Charles Houghten, 503-231-6207 (phone). | |
| FR Citation | 82 FR 3349 |
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