[Federal Register Volume 75, Number 80 (Tuesday, April 27, 2010)]
[Proposed Rules]
[Page 22047]
From the Federal Register Online via the Government Publishing 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 [email protected].

FOR FURTHER INFORMATION CONTACT: George Galasso, 360.457.6622 Ext. 12, 
[email protected].

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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