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Federal Register / Vol. 70, No.

215 / Tuesday, November 8, 2005 / Notices 67669

Research (Primary and Alternate). management plan, in conjunction with mail to: New Bedford Harbor Trustee
Applicants are chosen based upon the contiguous Monterey Bay and Council, c/o National Marine Fisheries
their particular expertise and experience Cordell Bank National Marine Service, 1 Blackburn Drive, Gloucester,
in relation to the seat for which they are Sanctuaries. MA 01930, Attn.: Jack Terrill.
applying; community and professional Authority: 16 U.S.C. 1431, et seq. Comments also may be sent via
affiliations; philosophy regarding the facsimile (fax) to 978–281–9301.
protection and management of marine (Federal Domestic Assistance Catalog The public hearing will be held at the
resources; and possibly the length of Number 11.429 Marine Sanctuary Program)
Days Inn, 500 Hathaway Road, New
residence in the area affected by the Dated: November 1, 2005. Bedford, MA.
Sanctuary. Applicants who are chosen Daniel J. Basta, FOR FURTHER INFORMATION CONTACT: Jack
as members should expect to serve Director, National Marine Sanctuary Program, Terrill, Coordinator, 978–281–9136, fax
either a two or three-year term, pursuant National Ocean Service, National Oceanic 978–281–9301, or e-mail
to the Advisory Council’s Charter. and Atmospheric Administration.
DATES: Applications are due by [FR Doc. 05–22172 Filed 11–7–05; 8:45 am]
December 31, 2005. BILLING CODE 3510–NK–M

ADDRESSES: Application kits may be I. Background

obtained from Rowena Forest, Advisory New Bedford Harbor is located in
Council Coordinator, Gulf of the DEPARTMENT OF COMMERCE
southeastern Massachusetts at the
Farallones National Marine Sanctuary, National Oceanic and Atmospheric mouth of the Acushnet River on
P.O. Box 159, Olema, CA 94950, (415) Administration Buzzards Bay. The Harbor and River are
663–0314 extension 105, contaminated with high levels of, and over the [Docket No. 051102288-5288-01; I.D.
hazardous substances and materials,
Internet at: 102805B]
including PCBs, and as a consequence
manage/sac.html. Completed are on the U.S. Environmental
applications should be sent to the above New Bedford Harbor Trustee Council;
Proposed Funding for Natural Protection Agency’s (EPA) Superfund
mailing address. National Priorities List. This site is also
Resource Restoration Projects
FOR FURTHER INFORMATION CONTACT: listed by the Massachusetts Department
Rowena Forest, Advisory Council AGENCY: National Marine Fisheries of Environmental Protection as a
Coordinator, Gulf of the Farallones Service (NMFS), National Oceanic and priority Tier 1 disposal site.
National Marine Sanctuary, P.O. Box Atmospheric Administration (NOAA), The Comprehensive Environmental
159, Olema, CA 94950, (415) 663–0314 Commerce. Response, Compensation, and Liability
x105, ACTION: Notice; request for comments. Act (CERCLA or ‘‘Superfund,’’ 42 U.S.C.
SUPPLEMENTARY INFORMATION: The Gulf 9601 et seq.) designates as possible
of the Farallones National Marine SUMMARY: On behalf of the New Bedford natural resource trustees Federal, state,
Sanctuary (GFNMS) was established in Harbor Trustee Council (Council), or tribal authorities who represent the
1981 to protect the near shore waters of NMFS, serving as the Administrative public interest in natural resources. The
the California Coast north and west of Trustee, publishes this notice to see trustees are responsible for recovering
San Francisco, and the offshore Farallon comment on its proposed funding of six funds through litigation or settlement
Islands. The Sanctuary includes nursery restoration projects for possible for damages for natural resource
and spawning grounds for commercially implementation through funding from injuries. CERCLA requires that any
important species, over 33 species of the AVX Natural Resource Damages recovered monies be used to ‘‘restore,
marine mammals, and 15 species of Trust Account (Trust Account). The replace, or acquire the equivalent of’’
breeding seabirds. The Farallon Islands Council, through an earlier published the natural resources that have been
themselves contain the largest Federal Register notice requested grant injured by a release of a hazardous
concentration of breeding seabirds in applications for projects to restore substance.
the contiguous United States. Key natural resources that were injured by For the New Bedford Harbor
habitats include coastal beaches, rocky the release of hazardous substances and Superfund Site, there are three natural
shores, mud and tidal flats, salt marsh, materials, including polychlorinated resource trustees on the Council
estuaries, and pelagic waters. biphenyls (PCBs), in the New Bedford representing the public interest in the
Additionally, the area within the Harbor Environment (Harbor affected natural resources. They are the
Monterey Bay National Marine Environment). Nineteen grant Department of Commerce (DOC), the
Sanctuary (MBNMS) north of the San applications for natural resource Department of the Interior, and the
Mateo/Santa Cruz county boundary is restoration projects were submitted for Commonwealth of Massachusetts. The
administered by the GFNMS. The legal consideration by the Council. The Secretary of Commerce has delegated
boundaries of each sanctuary remain as Council is now seeking public comment DOC trustee responsibility to NOAA;
is. The GFNMS is responsible for on the preferred projects to assist in within NOAA, NMFS has responsibility
developing and managing most making a final decision on projects for natural resource restoration at this
sanctuary programs within this area, eligible for funding. site. The Secretary of the Interior has
with the exception that the MBNMS is DATES: The Council will accept delegated trustee responsibility to the
responsible for the Water Quality comments on the proposed restoration U.S. Fish and Wildlife Service. The
Protection Program. projects through 30 days after date of Governor of Massachusetts has
The GFNMS Advisory Council was publication in the Federal Register and delegated trustee responsibility to the
originally chartered in 2001, with seven will hold a public hearing regarding the Secretary of Environmental Affairs.
voting members. It has recently been preliminary selection. To initiate restoration of the New
expanded to 12 voting members. The The public hearing will be held on Bedford Harbor Environment the
primary focus of the Council is to advise November 16, 2005, at 7 p.m. Council previously issued two
the Sanctuary Manager regarding the ADDRESSES: Please send your comments ‘‘Request(s) for Restoration Ideas’’ in
implementation of the sanctuary by email to: or by October 1995 (60 FR 52164, October 5,

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67670 Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Notices

1995) (Round I) and August 1999 (64 FR the technical review was provided as a a. Acushnet River North (Requested
44505, August 16, 1999) (Round II). For recommendation to the Trustee Council. amount: $833,500; Council suggested
each round, restoration ideas were The FFO also established in Section amount: to be determined based upon
received from the local communities, V.B. Review and Selection, that the the option chosen)
members of the public, academia and ‘‘Council will review the The project is located in East
state and federal agencies. The 56 Freetown and Acushnet, MA at the
recommendation, accept or modify the
restoration ideas submitted under headwaters of the Acushnet River. The
recommendations, and make a
Round I were the basis for the alternative is to provide funding for the
alternatives listed in the Council’s preliminary determination of the
projects it expects to undertake.’’ purchase of 88 acres (35.6 hectares) of
‘‘Restoration Plan for the New Bedford undisturbed forest and wetlands west of
Harbor Environment’’ (Restoration Plan) Following this, the Council will initiate
a 30-day comment period during which Squam Brook and open the property to
that was developed to guide the the public for passive recreational use.
Council’s restoration efforts. An a public hearing would be held.
The parcel would also be protected
environmental impact statement (EIS) The Council is now seeking public through the attachment of a permanent
was prepared in conjunction with the review of the preferred projects and the conservation restriction to the deed. An
Restoration Plan to fulfill requirements proposed level of funding for each additional 90 acres (36.4 hectares) east
of the National Environmental Policy project. The public is also invited to of Squam Brook would be protected
Act. A record of decision, issued on attend a public hearing (see DATES and through the purchase of a conservation
September 22, 1998 for both the ADDRESSES) to provide oral comment restriction (CR) on the land. This action
Restoration Plan and the EIS, provided based upon its review of the Trustees’ would prevent any future development
for implementation of 11 Round I preliminary recommendations. of the land and preserve the existing
preferred restoration projects through agricultural use (cranberry production)
funding provided by the Trust Account. At the conclusion of the comment
period, the Council will consider the in accordance with Best Management
Thirty-five restoration ideas were Practices. The eastern portion of the site
submitted to the Council under Round comments from the public and its
advisors before making final decisions would remain in private ownership
II. Following procedures established in with public access limited by the
the Restoration Plan/EIS, an on the projects eligible for funding
environmental assessment was prepared through the Trust Account.
The Trustee Council has preliminarily
to evaluate the ideas. A public comment Prior to final approval for funding, all approved the project for possible
period/hearing was held and after selected projects require environmental implementation pending public
consideration of the comments received, review under applicable law and the comment on its decision and the
the Trustee Council decided to pursue submission of detailed scopes of work project. The Trustee Council is
implementation of 17 restoration ideas. for Council review and approval. The considering two options for the project:
Rather than requesting restoration release of funds may be conditioned on (1) Purchase and/or CR of the entire
ideas, Round III solicited grant the results of project activity such as property or (2) purchase and/or CR of
applications for natural resource feasibility studies or assessments. In the western portion of the property
restoration projects. This process has addition, implementation of the projects only. The western portion is
the advantage of allowing for faster may be conditioned or delayed, and the characterized by upland forest and
implementation of projects by having funds therefore held in reserve, until wetlands leading down to an irrigation
applicants conduct the restoration reservoir and Squam Brook. This second
more information becomes available or
projects after receiving direct funding option would not purchase a CR on the
specific conditions are met. Funds held
through NOAA-issued grants. Further eastern portion where there are active
in reserve will continue to be held in
this process allows Trustee Council staff cranberry bog operations. The Council
to continue implementation of Round I the interest bearing Trust Account,
administered by the Court Registry favors outright purchase, the second
and Round II projects while still option, to provide greater protection to
providing oversight to Round III Investment System of the United States
the headwaters since there is
projects. District Courts.
development pressure in this area. The
The Round III solicitation appeared in II. The Preferred Project Ideas Council is not as interested in the
the Federal Register (70 FR 5191, Recommended by the Trustee Council eastern portion unless the potential
February 1, 2005), on the World Wide exists for restoring the natural condition
Web on GRANTS.GOV where a Federal Below is a description of the preferred of the wetlands.
Funding Opportunity (FFO) was projects proposed by the Council for
published, and on the Trustee Council’s potential implementation and funding. b. Acushnet Saw Mill (Requested
webpage at A total amount: $1,651,500; Council suggested
A draft environmental assessment has
of 19 applications were received, but of amount: to be determined based upon
been prepared which provides further
these, four were rejected for not being the option chosen)
information on the preferred projects
related to the New Bedford Harbor and a discussion of those ideas which This project is located in Acushnet,
restoration activities. Following are not considered preferred projects. MA on the Acushnet River at a point
procedures specified in the FFO, The draft environmental assessment is where the freshwater portion ends and
technical reviewers independently rated available at the Council office (see the tidal estuary begins. Funds would be
each application using five evaluation ADDRESSES) or by accessing the Council
provided for the fee simple purchase
criteria which totalled 100 points. The website and conservation restriction of 21 acres
applications were then ranked by the (8.5 hectares) (consisting of field, forest,
total score received. In addition to the 1. Acushnet River: ‘‘Headwaters to Bay’’ riverfront, freshwater pond and marsh)
technical review, a legal review was Land Conservation Project. at the Acushnet Sawmill site from its
conducted to ensure the resulting present owners. The site is the location
projects were consistent with the The project was composed of four of the first dam on the Acushnet River
requirements of CERCLA. The results of separate subprojects which follow: that is being examined by the Trustee

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Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Notices 67671

Council and the Massachusetts Division Council is already funding efforts on modifications to the causeway (such as
of Marine Fisheries for modifications to Marsh Island revolving around salt installing additional culverts in the
restore anadromous fish passage under marsh restoration. causeway) necessary to improve the
Round I. There are presently three resources of Apponagansett Bay and
d. Viveiros Farm (Requested amount:
buildings located on site as well as other quantify the effects of such actions. The
$1,270,000; Council suggested amount:
structures associated with a once active results of the first phase of the
up to $1,270,000)
sawmill and lumberyard. The applicant feasibility study would be presented to
envisions restoring this site to a natural The project is located on the eastern the Trustee Council. Should the results
state through the removal of all the side of Sconticut Neck, Fairhaven, MA. demonstrate that the project is worth the
buildings and pavement covering The overall project goal is to protect 127 Council’s continued support, the second
approximately 4 acres (1.6 hectares). acres (51.4 hectares) (comprised of phase of the feasibility study would be
While this may be a long-term objective farmland, salt marsh, freshwater implemented. The second phase
of the applicant, the only action to be wetlands and coastal beach) from future consists of the development of
taken at this time is the fee simple development through a combination of conceptual restoration plans that could
acquisition and conservation restriction. land protection methods. Funding be used to produce construction cost
This action would prevent further would be used for a fee simple purchase estimates and discuss regulatory
development of the site. on 40 acres (16.2 hectares) and a approvals. Once this study is complete,
The Trustee Council has preliminarily conservation restriction would be the effects of additional openings in the
approved of the project for possible placed on 16 acres (6.5 hectares). The causeway and the costs of implementing
implementation pending public remaining 71 acres (28.3 hectares) these changes will be known and a
comments on its decision and the would be acquired using an Agricultural preferred restoration alternative will be
project. The Trustee Council is Protection Restriction (APR) through the developed. Funds for the further design,
considering two options for the project: Massachusetts Department of permitting and construction for such a
(1) Purchase and/or CR of the entire Agricultural Resources (MDAR). The project could be requested in a future
property or (2) purchase and/or CR of amount requested from the Trustee Trustee Council funding round.
the undeveloped portion of the property Council would be cost shared with The Trustee Council has preliminarily
composed primarily of the eastern $2,050,000 coming from a North chosen to include the study as a
portion of the property. The concern Atlantic Wetland Conservation Act oil preferred study for possible funding and
over the developed portion is the spill grant, a MDAR grant and other implementation after consideration of
amount of effort needed to restore the municipal and private sources. public comment. Funding would be
property to natural conditions and the The Trustee Council has preliminarily provided for the initial feasibility
various unknowns associated with the approved the project for possible investigation (data gathering and
commercial use (e.g. sawmill implementation subject to consideration hydrodynamic modeling) and if the
operations) of the site. The Council has of public comment. The Trustee Council results are favorable, and the Trustee
not made a decision on either option would like clarification on how its Council approves, funding would then
and invites public comment. funding would be used and for which be provided for the second phase to
components of the project. The Council produce the conceptual plan.
c. Marsh Island South (Requested is uncertain whether Council funding
amount: $447,500; Council suggested would be used to supplement MDAR 3. Restoration and Management of Tern
amount: up to $397,500) funding for the APR. The Council is not Populations (Requested amount:
The project is located in Fairhaven, $833,336.15; Council suggested amount:
interested in funding the APR and does
MA in the Inner Harbor just south of the $833,336.15)
not want agricultural use of the Council
Route 195 crossing. Funds would be funded portion of the land. The project is located on three islands
provided for the fee simple purchase in Buzzards Bay: Bird Island, Marion,
and conservation restriction of a 7.68– 2. Apponagansett Bay Resource Massachusetts; Ram Island,
acre (3.1–hectare) site on the southern Restoration Feasibility Study (Requested Mattapoisett, Massachusetts; and
portion of a peninsula known as Marsh amount: $175,000; Council suggested Penikese Island, Gosnold,
Island in Fairhaven. (The remaining amount: $175,000) Massachusetts. Roseate and common
northern portion of Marsh Island was The project is located in Dartmouth, terns were injured while feeding on
purchased using Trustee Council funds MA where the Padanaram Causeway PCB- contaminated fish in the New
authorized in Round II. The Trustee crosses Apponagansett Bay. The project Bedford Harbor Environment. The
Council is investigating the feasibility of would investigate the feasibility of project goal is to rebuild and restore the
restoring the salt marsh that was present restoring a more natural tidal exchange population of roseate terns (a federally
before fill was placed on the island.) between inner Apponagansett Bay, outer listed endangered species) and common
Prior to the purchase, funds would be Apponagansett Bay and Buzzards Bay terns through management or
provided for a title examination, fair by installing additional openings in the enhancement of nesting locations. The
market real estate appraisal, Padanaram causeway. A feasibility management aspect of this project
environmental site assessment and study would be conducted to determine involves moving other species, such as
survey (if needed). whether modifying the Padanaram gulls, off the nesting areas and the daily
The Trustee Council has preliminarily causeway will increase tidal flushing monitoring of the terns that locate at the
approved the project for possible with the inner Bay with the goal of three islands. The project would also
implementation subject to consideration restoring upstream degraded resources, increase nesting habitat on Ram Island
of public comment. The Council is including salt marsh and shellfish beds. by removing an invasive plant
concerned about the two existing radio The feasibility study would consist of Phragmites australis and filling an
towers on site and will explore with the two phases. The first phase would eroded section of the island.
applicant options for their eventual consist of data collection and This idea would extend the work
removal. The Council does not believe developing and running a being conducted under restoration
the $50,000 for ‘‘Restoration Planning hydrodynamic model. The results of the funding from Rounds I and II for an
and Design’’ is required since the first phase will describe the additional period of three years. Round

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67672 Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Notices

I provided funding ($266,400) to at the Round Hill Salt Marsh Restoration interpretive sign that recognizes the
implement biological management and Site. A phased approach would be taken contribution of the New Bedford Harbor
monitoring of tern colonies at Bird with Phase I involving a feasibility Trustee Council and the project
Island and Ram Island to restore study and Phase II involving the partners.
populations of common terns and conceptual design of the proposed The Trustee Council has preliminarily
roseate terns. At Penikese Island, the project. approved the idea for possible funding
project focused on reclaiming the island Under Phase I, a contractor would be and implementation after consideration
as a nesting site by managing gulls. hired to complete a full feasibility study of public comment. The Council would
Preliminary engineering work to including development of historical be interested in pursuing an expansion
stabilize Bird island and toxicological background/site history, base mapping of the project through the relocation of
analyses of tern eggs were also funded. (vegetation, topographic and the beach parking lot and by removing
Round II funding ($853,600) continued bathymetric maps as necessary), the fill that was used to create the
the Round I management efforts at the hydrologic and alternatives analyses parking lot and will discuss this
three islands for an additional six years. and cut and fill calculations. Upon alternative with the Town of Fairhaven.
Further work was done to assess what completion of Phase I, the feasibility Such a project change would require the
needed to be done to improve tern study would be presented to the approval of the Town.
nesting habitat at Bird Island. Samples Trustees for their consideration and
of unhatched tern eggs were collected approval. If approved by the Trustee Classification
for chemical analysis. Overall tern Council and project partners, the second This notice does not contain a
numbers on the islands have increased Phase (Phase II) would proceed with collection-of-information requirement
59 percent since Trustee Council conceptual design. subject to the Paperwork Reduction Act.
funding commenced. Conceptual design would include A draft environmental assessment has
The Trustee Council has preliminarily development of conceptual alternatives been prepared which provides further
chosen to include the project as a and estimates of project costs. information on the preferred projects
preferred project for possible funding Completion of conceptual designs and and a discussion of those ideas which
and implementation after consideration cost estimates will be used to further are not considered preferred projects.
of public comment. develop the project with partners and The draft environmental assessment is
regulatory authorities and aid in available at the Council office (see
4. River Road Restoration Project identifying a potential preferred
(Requested amount: $954,453; Council ADDRESSES) or by accessing the
alternative. Upon successful completion Council’s website at http://
suggested amount: $195,000 for wetland through Phase II with a conceptual
restoration components and signage)
design, the project team would re-apply
The project is located at 246 River for additional Trustee Council funding Authority: 42 U.S.C. 4321 et seq. and 9601
Road, New Bedford, MA and is et seq.
through future funding opportunities to
composed of 2.5 acres (1.0 hectares) of complete final design, permitting and Dated: November 1, 2005.
city-owned land along the Acushnet construction. Garry F. Mayer,
River. The project would return a former The Trustee Council has preliminarily Acting Director, Office of Habitat
industrial site to open space including chosen to include the project as a Conservation, National Marine Fisheries
restoring a 23,000–square foot (2,137– preferred study for possible funding and Service.
square meter) salt marsh on filled implementation after consideration of [FR Doc. 05–22237 Filed 11–7–05; 8:45 am]
tideland and creating walking trails, public comment. Funding would be BILLING CODE 3510–22–S
interpretative signs, canoe/kayak provided for the initial feasibility study.
launch, picnic area, play area, lawn and If the results are favorable and the
parking area. The Acushnet River along Trustee Council approves, funding DEPARTMENT OF COMMERCE
this location has been the subject of EPA would then be provided for the second
and the U.S. Army Corps of Engineers phase to produce the conceptual design Patent and Trademark Office
recent cleanup activity involving the and alternatives analysis.
removal of bottom sediments and Performance Review Board (PRB)
6. West Island Beach (Requested
replanting along the shoreline. amount: $162,000; Council suggested AGENCY: United States Patent and
The Trustee Council has preliminarily Trademark Office.
amount: $162,000)
approved only the wetland restoration
The project site is located at the ACTION: Notice; Update membership list
component of the project for possible
entrance to West Island Beach in of the United States Patent and
implementation after consideration of
Fairhaven, MA. The project is intended Trademark Office Performance Review
public comment. The wetland
to increase full tidal exchange to a Board.
restoration component will provide a
direct benefit to injured natural tidally-restricted 8–acre (3.2–hectare) SUMMARY: In conformance with the Civil
resources. salt marsh by replacing an undersized Service Reform Act of 1978, 5 U.S.C.
culvert with a properly-sized culvert 4314(c)(4), the United States Patent and
5. Round Hill Salt Marsh Restoration beneath the West Island Beach access
Project (Requested amount: $164,000; Trademark Office announces the
road (Fir Street). Requested funds will appointment of persons to serve as
Council suggested amount: $164,000) be used to hire contractors to correctly members of its Performance Review
The project is located at Round Hill size and design a culvert that will Board.
Point, Dartmouth, MA. The project maximize tidal exchange with the West
would conduct an investigation Island Beach marsh (without adversely ADDRESSES: Director, Office of Human
exploring the feasibility of restoring up affecting nearby properties), obtain all Resources, United States Patent and
to 24 acres (9.7 hectares) of coastal salt necessary permits and approvals, Trademark Office, P.O. Box 1450,
marsh through the removal of develop construction drawings, Alexandria, VA 22313–1450.
significant amounts of fill material and specifications and bid documents, FOR FURTHER INFORMATION CONTACT:
re-grading to historic marsh elevations construct the project, and install an James Matthews at (571) 272–6200.

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