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Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Notices

HUD approvals of Fungibility Plans may
be contingent upon the PHA later
providing final development documents
that include, but are not limited to tenyear operating pro formas including
underlying assumptions, financing
documents, feasibility analyses, life
cycle analyses, schematic drawings and
building designs, final development and
construction cost estimates.
The 2006 Section 901 implementation
notice also sets forth accounting
requirements for Section 901 flexibility,
which require separate accounting by
source year (2006, 2007, 2008, and
2009), and the creation of a separate
column on the Financial Data Schedule
(FDS). The notice also specifies time
periods for completion of activities
approved under Section 901. Further
information on HUD processing of CY
2009 Section 901 flexibility may be
found in the PIH notices section of the
Office of Public and Indian Housing
Web site at: http://www.hud.gov/offices/
pih.
2009 Notices of Intent and Fungibility
Plans should be dated and submitted to
the following addresses and contacts, as
listed in the July 28, 2006, notice: PHAs
should submit one copy to the Public
Housing Director of the HUD office in
New Orleans, Louisiana or Jackson,
Mississippi, as applicable, and the
original to HUD Headquarters, Office of
Public and Indian Housing, Office of
Policy, Program, and Legislative
Initiatives, 451 Seventh Street, SW.,
Room 4116, Washington, DC 20410–
5000, Attention: Bessy Kong/Sherry
McCown. To expedite HUD processing,
electronic copies of the original, signed
Notices of Intent and Fungibility Plans
should be directed to the following email address:
sherry.fobearmccown@hud.gov.

States concurrent criminal jurisdiction
over federally-owned and controlled
lands and waters administered by the
National Park Service within Chiricahua
National Monument, Coronado National
Memorial and Fort Bowie National
Historic Site in Cochise County,
Arizona.
FOR FURTHER INFORMATION CONTACT:
Superintendent, Southeast Arizona
Group, 4101 East Montezuma Canyon
Road, Hereford, AZ 85615, or (520) 366–
5515.
SUPPLEMENTARY INFORMATION: Under
Arizona Revised Statutes Title 37
Section 620, the governor of the State,
upon receipt of a written request from
the United States, may cede concurrent
criminal jurisdiction over federal lands
to the United States. On April 23, 2009,
the Honorable Janice K. Brewer,
Governor of the State of Arizona, ceded
concurrent jurisdiction to the United
States for all lands and waters owned or
to be acquired by the National Park
Service within the authorized
boundaries of Chiricahua National
Monument, Coronado National
Memorial, and Fort Bowie National
Historic Site. On September 22, 2009,
Dan Wenk, Acting Director of the
National Park Service, under the
authority granted in Title 40 United
States Code, Section 3112, accepted the
cession of jurisdiction from the State of
Arizona.

Dated: November 2, 2009.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian
Housing, Rodger Boyd, Deputy Assistant
Secretary for Office of Native American
Programs.
[FR Doc. E9–26864 Filed 11–6–09; 8:45 am]

U.S. Geological Survey

BILLING CODE 4210–67–P

DEPARTMENT OF THE INTERIOR

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National Park Service
Acceptance of Concurrent Jurisdiction
AGENCY: National Park Service,
Department of the Interior.
ACTION: Notice.
SUMMARY: The National Park Service
(NPS) has accepted conveyance from the
State of Arizona on behalf of the United

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Dated: October 14, 2009.
Rick Obernesser,
Acting Associate Director, Visitor and
Resource Protection, National Park Service.
[FR Doc. E9–26944 Filed 11–6–09; 8:45 am]
BILLING CODE 4312–CP–P

DEPARTMENT OF THE INTERIOR

Agency Information Collection
Activities: Comment Request for the
Comprehensive Test Ban Treaty
AGENCY: U.S. Geological Survey (USGS),
Interior.
ACTION: Notice of an extension of an
information collection (1028–0059).
SUMMARY: We (the U.S. Geological
Survey) will ask the Office of
Management and Budget (OMB) to
approve the information collection (IC)
described below. As required by the
Paperwork Reduction Act of 1995, and
as part of our continuing efforts to
reduce paperwork and respondent
burden, we invite the general public and
other Federal agencies to take this
opportunity to comment on this IC. This
IC is scheduled to expire on July 31,

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2010. We may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
DATES: To ensure that we are able to
consider your comments on this IC we
must receive them on or before
January 8, 2010.
ADDRESSES: Please submit a copy of
your comments to Phadrea Ponds,
Information Collection Clearance
Officer, U.S. Geological Survey, 2150–C
Centre Avenue, Fort Collins, CO 80526–
8118 (mail); 970–226–9444 (phone);
970–226–9230 (fax); or
pponds@usgs.gov (e-mail). Please
reference Information Collection 1028–
0059 in the subject line.
FOR FURTHER INFORMATION CONTACT: Lori
E. Apodaca at 703–648–7724 or by mail
at U.S. Geological Survey, 989 National
Center, 12201 Sunrise Valley Drive,
Reston, VA 20192.
SUPPLEMENTARY INFORMATION:
I. Abstract
The collection of this information is
required by the Comprehensive Test
Ban Treaty (CTBT), and will provide the
CTBT Technical Secretariat with
geographic locations of sites where
chemical explosions greater than 300
tons TNT-equivalent have occurred.
Respondents to the information
collection request are U.S. nonfuel
minerals producers.
II. Data
OMB Control Number: 1028–0059.
Title: Comprehensive Test Ban Treaty.
Type of Request: Extension of a
currently approved collection.
Affected Public: U.S. nonfuel minerals
producers.
Respondent Obligation: Voluntary.
Frequency of Collection: Annually.
Estimated Number of Annual
Responses: 2,100.
Annual Burden Hours: 525 hours. We
expect to receive 2,100 annual
responses. We estimate an average of 15
minutes per response. This includes the
time for reviewing instructions,
gathering and maintaining data, and
completing and reviewing the
information.
Estimated Reporting and
Recordkeeping ‘‘Non-Hour Cost’’
Burden: We have not identified any
‘‘non-hour cost’’ burdens associated
with this collection of information.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501, et seq.) provides that an
agency may not conduct or sponsor, and
you are not required to respond to, a
collection of information unless it
displays a currently valid OMB control

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Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Notices
number. Until OMB approves a
collection of information, you are not
obligated to respond.
III. Request for Comments
We are soliciting comments as to:
(a) Whether the proposed collection of
information is necessary for the agency
to perform its duties, including whether
the information is useful; (b) the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (c) how to enhance the
quality, usefulness, and clarity of the
information to be collected; and (d) how
to minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
Please note that the comments
submitted in response to this notice are
a matter of public record. We will
include or summarize each comment in
our request to OMB to approve this IC.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information, may
be made publicly available at any time.
While you can ask OMB in your
comment to withhold your personal
identifying information from public
review, we cannot guarantee that it will
be done.
USGS Information Collection
Clearance Officer: Phadrea Ponds 970–
226–9445.
Dated: November 3, 2009.
John H. DeYoung, Jr.,
Chief Scientist, Minerals Information Team.
[FR Doc. E9–26895 Filed 11–6–09; 8:45 am]
BILLING CODE 4311–AM–P

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
Determination of Valid Existing Rights
Within the Daniel Boone National
Forest, Kentucky

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AGENCY: Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Notice of decision.
SUMMARY: This notice announces our
decision on a request for a
determination of valid existing rights
(VER) under section 522(e) of the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). We have determined that Jag
Energy LLC possesses VER for a coal
haul road within the boundaries of the

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Daniel Boone National Forest in Leslie
County, Kentucky. This decision will
allow Jag Energy LLC to obtain a
Kentucky surface coal mining and
reclamation permit for the road in
question and to use the road to access
and haul coal from a surface mine
located on adjacent private lands.
DATES:

Effective Date: November 9,

2009,
FOR FURTHER INFORMATION CONTACT:
Joseph L. Blackburn, Director, Lexington
Field Office, 2675 Regency Road,
Lexington, Kentucky 40503. Telephone:
(859) 260–8402. Fax: (859) 260–8410. Email: jblackburn@osmre.gov.
SUPPLEMENTARY INFORMATION:

I. What Is the Nature of the VER
Determination Request?
II. What Legal Requirements Apply to This
Request?
III. What Information is Available Relevant to
the Basis for the Request?
IV. How We Processed the Request.
V. How We Made Our Decision.
VI. What Public Comments Were Received?
VII. How Can I Appeal the Determination?
VIII. Where Are the Records of This
Determination Available?

I. What Is the Nature of the VER
Determination Request?
On October 21, 2008, Mr. John Begley
II submitted a request for a
determination of VER on behalf of Mr.
William T. Gilbert of Jag Energy LLC. Jag
Energy LLC applied for a permit
(Application #866–0264) to conduct
surface coal mining operations on
privately owned land in Bear Branch,
Leslie County, Kentucky. The property
to be mined is adjacent to the Daniel
Boone National Forest.
William T. Gilbert is seeking a
determination that Jag Energy LLC has
VER under paragraph (c)(1) of the
definition of VER in 30 CFR 761.5 to use
an existing road across Federal lands
within the Daniel Boone National Forest
as an access and haul road for the
proposed mine. No other surface coal
mining operations would be conducted
on Federal lands within the Daniel
Boone National Forest as part of this
mine.
On December 16, 2008, we published
a notice in the Federal Register (73 FR
76382) in which we provided an
opportunity for the public to comment
on the request for a determination of
VER to use an existing Forest Service
road as a coal mine access and haul road
across Federal lands within the
boundaries of the Daniel Boone National
Forest in Leslie County, Kentucky. The
comment period closed on January 15,
2009. We received no comments.

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II. What Legal Requirements Apply to
This Request?
Section 522(e)(2) of the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act), 30 U.S.C.
1272(e)(2), prohibits surface coal mining
operations on Federal lands within the
boundaries of any national forest, with
two exceptions. The first exception
pertains to surface operations and
impacts incidental to an underground
coal mine. The second relates to surface
operations on lands within national
forests west of the 100th meridian.
Neither of those exceptions applies to
the request now under consideration.
The introductory paragraph of section
522(e) also provides two general
exceptions to the prohibitions on
surface coal mining operations in that
section. Those exceptions apply to
operations in existence on the date of
enactment of the Act (August 3, 1977)
and to land for which a person has VER.
SMCRA does not define VER. We
subsequently adopted regulations
defining VER and clarifying that, for
lands that come under the protection of
30 CFR 761.11 and section 522(e) after
the date of enactment of SMCRA, the
applicable date is the date that the lands
came under protection, not August 3,
1977.
On December 17, 1999 (64 FR 70766–
70838), we adopted a revised definition
of VER, established a process for
submission and review of requests for
VER determinations, and otherwise
modified the regulations implementing
section 522(e). At 30 CFR 761.16(a), we
published a table clarifying which
agency (OSM or the State regulatory
authority) is responsible for making VER
determinations and which definition
(State or Federal) will apply. That table
specifies that OSM is responsible for
VER determinations for Federal lands
within national forests and that the
Federal VER definition in 30 CFR 761.5
applies to those determinations.
Paragraph (c) of the Federal definition
of VER contains the standards
applicable to VER for roads that lie
within the definition of surface coal
mining operations. Jag Energy LLC is
seeking a VER determination under
paragraph (c)(1), which provides that a
person who claims VER to use or
construct a road across the surface of
lands protected by 30 CFR 761.11 or
section 522(e) of SMCRA must
demonstrate that the ‘‘road existed
when the land upon which it is located
came under the protection of § 761.11 or
30 U.S.C. 1272(e), and the person has a
legal right to use the road for surface
coal mining operations.’’

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