[Federal Register Volume 72, Number 34 (Wednesday, February 21, 2007)]
[Notices]
[Page 7860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-768]



[[Page 7860]]

-----------------------------------------------------------------------

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 
Commission

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.

SUPPLEMENTARY INFORMATION:

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 
State.

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, 
301-713-7392.

    Dated: February 15, 2007.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
[FR Doc. 07-768 Filed 2-20-07; 8:45 am]
BILLING CODE 3510-08-M