Published 30-day FRN (89 FR 47590)

1018-0183 30-day FRN UBTP 06032024 89FR47590.pdf

Urban Bird Treaty Program Requirements

Published 30-day FRN (89 FR 47590)

OMB: 1018-0183

Document [pdf]
Download: pdf | pdf
47590

Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices

has been prepared in response to the
permit application in accordance with
the requirements of the National
Environmental Policy Act (NEPA; 42
U.S.C. 4321 et seq.). We request public
comment on the application and
associated documents.
Background
Section 9 of the Endangered Species
Act of 1973, as amended (ESA; 16
U.S.C. 1531 et seq.), and its
implementing regulations prohibit the
‘‘take’’ of animal species listed as
endangered or threatened. ‘‘Take’’ is
defined under the ESA as to ‘‘harass,
harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect [listed animal
species], or to attempt to engage in such
conduct’’ (16 U.S.C. 1538). However,
under section 10(a) of the ESA, we may
issue permits to authorize incidental
take of listed species. ‘‘Incidental take’’
is defined by the ESA as take that is
incidental to, and not the purpose of,
carrying out an otherwise lawful
activity. Regulations governing
incidental take permits for endangered
and threatened species, respectively, are
found in the Code of Federal
Regulations (CFR) at 50 CFR 17.22 and
50 CFR 17.32.

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Applicant’s Proposed Project
The applicant requests to amend their
current 6-year ITP (ESPER0627303). The
proposed HCP amendment, if approved,
would add authorization to incidentally
take the proposed endangered tricolored
bat (Perimyotis subflavus) to the
remaining 5 years of the current ITP.
The applicant determined that take is
reasonably certain to occur incidental to
operation of the 66 wind turbines at the
project. The proposed conservation
strategy in the applicant’s proposed
HCP amendment is designed to avoid,
minimize, and mitigate the impacts of
the covered activity on the covered
species. The biological goals and
objectives are to minimize potential take
of Indiana bats, northern long-eared
bats, and tricolored bats through on-site
minimization measures and to provide
habitat conservation measures for all
covered to offset any impacts from
operations of the project. The HCP
amendment provides on-site avoidance
and minimization measures, which
include turbine operational
adjustments. The estimated level of take
from the project amendment is 15
tricolored bats. To offset the impacts of
the taking tricolored bats, the applicant
proposes to protect known maternity
colony habitat or contribute to a whitenose treatment research mitigation fund,
if available.

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National Environmental Policy Act
The issuance of an ITP is a Federal
action that triggers the need for
compliance with NEPA. The Service has
made a preliminary determination that
the applicant’s proposed amended
project, and the proposed mitigation
measures, would individually and
cumulatively have a minor effect on the
covered species and the human
environment. Therefore, we have
preliminarily determined that the
proposed ESA section 10(a)(1)(B) permit
would be a low-effect ITP that
individually or cumulatively would
have a minor effect on the species and
may qualify for application of a
categorical exclusion pursuant to the
Council on Environmental Quality’s
NEPA regulations, DOI’s NEPA
regulations, and the DOI Departmental
Manual. A low-effect ITP is one that
would result in (1) minor or
nonsignificant effects on species
covered in the HCP; (2) nonsignificant
effects on the human environment; and
(3) impacts that, when added together
with the impacts of other past, present,
and reasonable foreseeable actions,
would not result in significant
cumulative effects to the human
environment.
Next Steps
The Service will evaluate the
application and the comments received
to determine whether to issue the
requested ITP. We will also conduct an
intra-Service consultation pursuant to
section 7 of the ESA to evaluate the
effects of the proposed take. After
considering the preceding and other
matters, we will determine whether the
permit issuance criteria of section
10(a)(1)(B) of the ESA have been met. If
met, the Service will issue the requested
amended ITP to the applicant.
Request for Public Comments
The Service invites comments and
suggestions from all interested parties
during a 30-day public comment period
(see DATES). In particular, information
and comments regarding the following
topics are requested:
1. The effects that implementation of
any alternative under this proposed
amendment could have on the human
environment;
2. Whether or not the significance of
the impact on various aspects of the
human environment has been
adequately analyzed in this proposed
amendment;
3. Any threats to the tricolored bat
that may influence their populations
over the life of the ITP that are not
addressed in the proposed HCP
amendment or screening form; and

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4. Any other information pertinent to
evaluating the effects of the proposed
amendment on the human environment.
Availability of Public Comments
You may submit comments by one of
the methods shown under ADDRESSES.
We will post on https://
www.regulations.gov all public
comments and information received
electronically or via hardcopy. All
comments received, including names
and addresses, will become part of the
administrative record associated with
this action. Before including your
address, phone number, email 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 request in your comment that
we withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Authority
We provide this notice under section
10(c) of the ESA (16 U.S.C. 1531 et seq.)
and its implementing regulations (50
CFR 17.22) and NEPA (42 U.S.C. 4321
et seq.) and its implementing
regulations (40 CFR 1500–1508; 43 CFR
part 46).
Lori Nordstrom,
Assistant Regional Director, Ecological
Services.
[FR Doc. 2024–12123 Filed 5–31–24; 8:45 am]
BILLING CODE 4333–15–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–MB–2024–N029;
FXMB123109CITY0–245–FF09M20200; OMB
Control Number 1018–0183]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget; Urban Bird
Treaty Program Requirements
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service

SUMMARY:

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Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices
(Service), are proposing to renew a
currently approved information
collection without change.
DATES: Interested persons are invited to
submit comments on or before July 3,
2024.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of publication
of this notice at https://
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
Review—Open for Public Comments’’ or
by using the search function. Please
provide a copy of your comments to the
Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, MS: PRB (JAO/3W),
5275 Leesburg Pike, Falls Church, VA
22041–3803 (mail); or by email to Info_
[email protected]. Please reference 1018–
0183 in the subject line of your
comments.

ADDRESSES:

To
request additional information about
this ICR, contact Madonna L. Baucum,
Service Information Collection
Clearance Officer, by email at Info_
[email protected], or by telephone at (703)
358–2503. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 (PRA, 44 U.S.C.
3501 et seq.) and 5 CFR 1320.8(d)(1), we
provide the general public and other
Federal agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
On January 26, 2024, we published in
the Federal Register (89 FR 5255) a
notice of our intent to request that OMB
approve this information collection. In
that notice, we solicited comments for
60 days, ending on March 26, 2024. In
an effort to increase public awareness
of, and participation in, our public
commenting processes associated with
information collection requests, the
Service also published the Federal

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FOR FURTHER INFORMATION CONTACT:

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Register notice on Regulations.gov
(Docket No. FWS–HQ–MB–2024–0006).
We received the following comments in
response to that notice:
Comment 1: Anonymous electronic
comment received 02/02/2024 via
Regulations.gov (FWS–HQ–MB–2024–
0006–0002): I recommend we keep all
public lands in public hands, and
continually add more lands to the
public holding. The forest service land
exchange in Summit County CO was a
massive mistake and should never have
happened. Summit County should have
prevented the over development of
second, third or more homes in the
mountain valley. Over development,
property investment speculation has
brought more problems than just a
housing shortage for workers. The
Forest Service should have put the
problem right on the county who should
use eminent domain on hotels and
condominiums to solve their problem.
Now you have radicals like Mike Lee
of Utah who wants to give public lands
to developers to continue to over
develop Salt Lake Valley. The state of
Utah has for decades failed to clean the
air and created a water shortage by over
developing. The Federal government
should not contribute to the problems
created by the State government. The
public lands in urban, rural, and
suburban areas should always have the
priority of open space for wildlife.
Agency Response to Comment 1: The
commenter did not address the
information collection requirements;
therefore, no response is required.
Comment 2: Anonymous electronic
comment received 03/17/2024 via
Regulations.gov (FWS–HQ–MB–2024–
0006–0003): Please do your best to
protect these birds and to care for them
well.
Agency Response to Comment 2: The
commenter did not address the
information collection requirements;
therefore, no response is required.
Comment 3: Electronic comment
received 03/25/2024 via Regulations.gov
(FWS–HQ–MB–2024–0006–0004) from
Kyara Garcia Rodriguez: The Forest
Service plays a crucial role in the
management and protection of national
forests and grasslands, which are
essential for conserving biodiversity,
storing carbon, regulating water quality,
and promoting outdoor recreation.
These ecosystems serve as homes for
numerous plant and animal species,
including those that are at risk of
extinction. Through their responsible
care, the Forest Service helps to
guarantee the sustainable utilization of
natural resources, lessen the effects of
climate change, and preserve the

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ecological harmony of these significant
landscapes.
The Urban Bird Treaty Program
Requirements are crucial for supporting
bird conservation in urban areas, where
factors like habitat loss and pollution
threaten bird populations. The program
fosters partnerships between federal
agencies, local governments, and
community organizations to safeguard
bird species, preserve urban habitats,
and involve residents in conservation
efforts. Recognizing the significance of
the Urban Bird Treaty, Program
emphasizes the importance of urban
bird conservation and encourages
collaborative efforts to address the
unique challenges faced by birds in
cities. Prioritizing the protection of
urban bird populations can help
preserve biodiversity, enhance urban
ecosystems, and strengthen the bond
between people and nature in urban
settings.
Agency Response to Comment 3: No
action was taken as this comment is a
statement of support for the program.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we are again soliciting
comments from the public and other
Federal agencies on the proposed ICR
that is described below. We are
especially interested in public comment
addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, email 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 us in your comment to
withhold your personal identifying
information from public review, we

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Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices

cannot guarantee that we will be able to
do so.
Abstract: The Urban Bird Treaty
Program (UBT Program) is administered
through the Service’s Migratory Bird
Program, under the authority of the Fish
and Wildlife Coordination Act (16
U.S.C. 661–667e). The UBT Program
supports partnerships of public and
private organizations and individuals
working to conserve migratory birds and
their habitats in urban areas for the
benefit of these species and the people
that live in urban areas. The UBT
partners’ habitat conservation activities
help to ensure that more natural areas,
including forests, grasslands, wetlands,
and meadows, are available in urban
areas, so that historically excluded and
underserved communities can have
improved access to green space and
opportunities to engage in habitat
restoration and community science as
well as bird-related recreation and
educational programs. These habitat
restoration activities, especially urban
forest conservation, also contribute to
climate resiliency by reducing the
amount of carbon dioxide in the
atmosphere. Lights-out programs in
UBT cities help reduce energy costs and
greenhouse gas emissions by reducing
the use of electricity when people and
businesses turn off their lights between
dusk and dawn during the fall and
spring periods of bird migration in order
to reduce bird collisions with building
glass.
The Service designates UBT cities or
municipalities through a process in
which applicants submit a nomination
package, including a letter of intention
and an implementation plan, for
approval by the Service’s Migratory Bird
Program. Within 3 months, the Service
reviews the package, makes any
necessary recommendations for
changes, and then decides to either
approve or reject the package. If
rejected, the city can reapply the
following year. In most cases, when the
Service designates a new city partner,
the Service and the new city partner
hold a signing ceremony, during which
a representative from both the Service
and the city sign a nonbinding
document that states the importance of
conserving birds and their habitats to
the health and well-being of people that
live in and visit the city. To maintain
this city partner designation, the city
must submit information on the
activities it has carried out to meet the
goals of the UBT Program, including
those related to bird habitat
conservation, bird hazard reduction,
and bird-related community education
and engagement. By helping make cities
healthier places for birds and people,

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the UBT Program contributes to the
Administration’s priorities of justice
and racial equity, climate resiliency,
and the President’s Executive Order
14008 to protect 30 percent of the
Nation’s land and 30 percent of its
ocean areas by 2030.
The UBT program benefits city
partners in many ways, including:
• Helps city partners achieve their
goals for making cities healthier places
for birds and people.
• Provides opportunities to share and
learn from other city partners’ tools,
tactics, successes, and challenges, to
advance city partners’ urban bird
conservation efforts.
• Strengthens the cohesion and
effectiveness of the partnerships by
coming together and working under the
banner of the UBT Program.
• Gives city partners improved access
to funding through the National Fish
and Wildlife Foundation’s Five Star and
Urban Waters Restoration grant
program, as UBT cities receive priority
in this program.
• Helps partners garner additional
funds through other urban conservation
grant programs that have shared goals
and objectives.
• Helps partners achieve green
building credits, reduced energy costs,
green space requirements,
environmental equity, and other
sustainability goals.
• Promotes the livability and
sustainability of partner cities by
spreading the word about the city’s UBT
Federal designation and all the benefits
of a green and bird-friendly city.
We collect the following information
from prospective and successful
applicants in conjunction with the UBT
Program:
• Nomination Letter—A prospective
applicant must submit a letter of
intention from the city’s partnership
that details its commitment to urban
bird conservation and community
engagement in bird-related education,
recreation, conservation, science, and
monitoring. Support and involvement
by the city government are required.
• Implementation Plan—The
required implementation plan should
contain the following (see the UBT
Program Guidebook at https://
www.fws.gov/media/us-fish-wildlifeservice-urban-bird-treaty-programguidebook-v4-making-cities-healthier
for full descriptions of requirements):
—Detailed description of the
importance of the city to migrating,
nesting, and overwintering birds and
bird habitats; human population size
of the city; and socioeconomic profile
of the human communities present

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and those targeted for education and
engagement programs.
—Map of the geographic area that is
being nominated for designation.
—List of individuals and organizations
active in the partnership, and their
contact information.
—The mission, goals, and objectives of
the partnership applying for
designation, organized by the three
UBT goal categories.
—Description of accomplishments (e.g.,
activities, products, outcomes) that
have been completed over the last 2–
3 years, the audiences and
communities reached/engaged
through those activities, and the
partner organizations that have
achieved them, organized by UBT
goal categories.
—Description of goals, objectives,
activities, actions, and tools/products
that are being planned for the next 3–
5 years under the UBT designation;
the objectives to be accomplished; the
audiences and communities targeted
for engagement; and the partners who
will complete the work, organized by
UBT goal categories.
• Ad Hoc Reports—The Service will
also request information updates on an
ongoing basis, on UBT city points of
contact, activities and events, and other
information about urban bird
conservation in the city, as needed by
the Service for storytelling, promotion,
and internal programmatic
communications, education, and
outreach.
• Biennial Reporting—For each goal
category, the Service requires city
partners to provide biennial metrics, as
well as written and photographic
descriptions of activities. To maintain
their city’s designation by ensuring that
they are actively working to achieve the
goals of the UBT Program, city partners
are required to submit this information.
We will use the information collected
for storytelling purposes to promote the
urban bird conservation work of city
partners, and to enable the Migratory
Bird Program to develop UBT Program
accomplishment reports and other
communications tools to share with the
public and the conservation community
at large. The reporting requirement
ensures that the UBT city designation is
meaningful and that city partners are
accountable for the efforts that they
agreed to undertake to earn their
designation. Additionally, we will use
the information to promote the UBT
Program to other interested city partners
and the benefits of urban bird
conservation generally.
The public may request copies of
documents referenced in this

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Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices
information collection by sending a
request to the Service Information
Collection Clearance Officer in
ADDRESSES, above.
Title of Collection: Urban Bird Treaty
Program Requirements.
OMB Control Number: 1018–0183.
Form Number: None.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Nonprofits; colleges, universities, and
schools; museums, zoos, and aquaria;
local community groups; private
businesses; and municipal, State, and
Tribal governments involved in urban
bird conservation in UBT cities.
Total Estimated Number of Annual
Respondents: 55.
Total Estimated Number of Annual
Responses: 121.
Estimated Completion Time per
Response: Varies from 3 hours to 80
hours, depending on activity.
Total Estimated Number of Annual
Burden Hours: 2,400.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: One-time
submission of nomination letter; onetime submission of implementation
plan; on occasion for information
updates; and biennial reporting.
Total Estimated Annual Nonhour
Burden Cost: None.
An agency 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.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2024–12088 Filed 5–31–24; 8:45 am]
BILLING CODE 4333–15–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[245A2100DD/AAKC001030/
A0A501010.999900; OMB Control Number
1076–0177]

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Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Tribal Energy
Development Capacity Program
Bureau of Indian Affairs,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,

SUMMARY:

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18:00 May 31, 2024

Jkt 262001

the Office of the Assistant Secretary—
Indian Affairs (AS–IA) are proposing to
renew an information collection.
DATES: Interested persons are invited to
submit comments on or before July 3,
2024.
Written comments and
recommendations for the proposed
information collection request (ICR)
should be sent within 30 days of
publication of this notice to the Office
of Information and Regulatory Affairs
(OIRA) through https://
www.reginfo.gov/public/do/PRA/
icrPublicCommentRequest?ref_
nbr=202212-1076-006 or by visiting
https://www.reginfo.gov/public/do/
PRAMain and selecting ‘‘Currently
under Review—Open for Public
Comments’’ and then scrolling down to
the ‘‘Department of the Interior.’’
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Steven Mullen,
Information Collection Clearance
Officer, Office of Regulatory Affairs and
Collaborative Action—Indian Affairs,
U.S. Department of the Interior, 1001
Indian School Road NW, Suite 229,
Albuquerque, New Mexico 87104;
[email protected]; (202) 924–2650.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services. You
may also view the ICR at https://
www.reginfo.gov/public/
Forward?SearchTarget=PRA&text
field=1076-0177.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 (PRA, 44 U.S.C.
3501 et seq.) and 5 CFR 1320.8(d)(1), we
provide the general public, and other
Federal agencies, with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
A Federal Register notice with a 60day public comment period soliciting
comments on this collection of
information was published on January
5, 2023 (88 FR 879). No comments were
received.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we are again soliciting
comments from the public and other
Federal agencies on the proposed ICR
that is described below. We are
ADDRESSES:

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47593

especially interested in public comment
addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, email 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 us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: The Energy Policy Act of
2005 authorizes the Secretary of the
Interior to provide assistance to Indian
Tribes and Tribal energy resource
development organizations for energy
development and appropriates funds for
such projects on a year-to-year basis.
See 25 U.S.C. 3502. When funding is
available, the Office of Indian Energy
and Economic Development (IEED) may
solicit proposals for projects for
building capacity for Tribal energy
resource development on Indian land
from Tribal energy resource
development organizations and Indian
Tribes, including Alaska Native regional
and village corporations under the
TEDC program. For the purposes of this
program, ‘‘Indian land’’ includes: all
land within the boundaries of an Indian
reservation, pueblo, or rancheria; any
land outside those boundaries that is
held by the United States in trust for a
Tribe or individual Indian or by a Tribe
or individual Indian with restrictions on
alienation; and land owned by an
Alaska Native regional or village
corporation.
Title of Collection: Tribal Energy
Development Capacity Program.
OMB Control Number: 1076–0177.

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