
[Federal Register: June 15, 2010 (Volume 75, Number 114)]
[Notices]               
[Page 33802-33803]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn10-74]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12470-001--Oklahoma]

 
City of Broken Bow, OK; Broken Bow Re-Regulation Dam; Hydropower 
Project; Notice of Proposed Restricted Service List for a Programmatic 
Agreement for Managing Properties Included in or Eligible for Inclusion 
in the National Register of Historic Places

June 8, 2010.
    Rule 2010 of the Federal Energy Regulatory Commission's 
(Commission) Rules of Practice and Procedure provides that, to 
eliminate unnecessary expense or improve administrative efficiency, the 
Secretary may establish a restricted service list for a particular 
phase or issue in a proceeding.\1\ The restricted service list should 
contain the names of persons on the service list who, in the judgment 
of the decisional authority establishing the list, are active 
participants with respect to the phase or issue in the proceeding for 
which the list is established.
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    \1\ 18 CFR section 385.2010.
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    The Commission staff is consulting with the Oklahoma State Historic 
Preservation Officer (hereinafter, Oklahoma SHPO), and the Advisory 
Council on Historic Preservation (hereinafter, Advisory Council) 
pursuant to the Advisory Council's regulations, 36 CFR Part 800, 
implementing section 106 of the National Historic Preservation Act, as 
amended (16 U.S.C. section 470 f), to

[[Page 33803]]

prepare and execute a programmatic agreement for managing properties 
included in, or eligible for inclusion in, the National Register of 
Historic Places at the Broken Bow Re-Regulation Dam Hydropower Project 
No. 12470-001 (Oklahoma SHPO File Number 1069-05).
    The programmatic agreement when executed by the Commission and the 
Oklahoma SHPO would satisfy the Commission's section 106 
responsibilities for all individual undertakings carried out in 
accordance with the license until the license expires or is terminated 
(36 CFR 800.13[e]). The Commission's responsibilities pursuant to 
section 106 for the Broken Bow Re-Regulation Dam Hydropower Project 
would be fulfilled through the programmatic agreement, which the 
Commission proposes to draft in consultation with certain parties 
listed below. The executed programmatic agreement would be incorporated 
into any Order issuing a license.
    City of Broken Bow, Oklahoma, as licensee for Broken Bow Re-
Regulation Dam Hydropower Project No. 12470, the Choctaw Nation of 
Oklahoma, Oklahoma Archeological Survey, U.S. Army Corps of Engineers, 
U.S. Forest Service, and HISINC, LLC, have expressed an interest in 
this preceding and are invited to participate in consultations to 
develop the programmatic agreement.
    For purposes of commenting on the programmatic agreement, we 
propose to restrict the service list for the aforementioned project as 
follows:

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Reid Nelson or Representative, Advisory  Robert L. Brooks or
 Council on Historic Preservation, The    Representative, State
 Old Post Office Building, Suite 803,     Archaeologist, Oklahoma
 1100 Pennsylvania Avenue, NW.,           Archeological Survey, 111 E.
 Washington, DC 20004.                    Chesapeake Street, Norman, OK
                                          73019-5111.
Terry Cole, Tribal Historic              Melvena Heisch or
 Preservation Officer, Choctaw Nation     Representative, Deputy SHPO,
 of Oklahoma, P.O. Box 1210, Durant, OK   Oklahoma Historical Society,
 74702-1210.                              2401 N. Laird Avenue, Oklahoma
                                          City, OK 73105.
Michael Graves, Hall Estil Attorneys at  Scott Henderson, U.S. Army
 Law, 320 South Boston Ave., Suite 400,   Corps of Engineers, Tulsa
 Tulsa, OK 74103.                         District, 1645 S. 101st East
                                          Avenue, Tulsa, OK 74128.
Meeks Etchieson, U.S. Forest Service,    Willard B. Smith, P.E., CFM,
 Ouachita National Forest, 100 Reserve    HISINC, LLC, 28508 W. 41st
 St., Hot Springs, AR 71901.              Street South, Mannford, OK
                                          74044.
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    Any person on the official service list for the above-captioned 
proceeding may request inclusion on the restricted service list, or may 
request that a restricted service list not be established, by filing a 
motion to that effect within 15 days of this notice date. In a request 
for inclusion, please identify the reason(s) why there is an interest 
to be included. Also please identify any concerns about historic 
properties, including Traditional Cultural Properties. If historic 
properties are identified within the motion, please use a separate 
page, and label it NON-PUBLIC Information.
    An original and 8 copies of any such motion must be filed with 
Kimberly D. Bose, the Secretary of the Commission (888 First Street, 
NE., Washington, DC 20426) and must be served on each person whose name 
appears on the official service list. Please put ``Broken Bow Re-
Regulation Dam Hydropower Project No. 12470-001'' on the front cover of 
any motion. Motions may be filed electronically via the Internet in 
lieu of paper. The Commission strongly encourages electronic filings. 
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's 
Web site (http://www.ferc.gov) under the ``e-Filing'' link.
    If no such motions are filed, the restricted service list will be 
effective at the end of the 15-day period. Otherwise, a further notice 
will be issued ruling on any motion or motions filed within the 15-day 
period.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-14306 Filed 6-14-10; 8:45 am]
BILLING CODE 6717-01-P

