
[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50410-50411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20033]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13102-003--Alabama; Demopolis Lock and Dam Hydroelectric 
Project]


Birch Power Company; Notice of Proposed Restricted Service List 
for a Programmatic Agreement

    Rule 2010 of the Federal Energy Regulatory Commission's 
(Commission) Rules of Practice and Procedure, 18 CFR section 385.2010, 
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. 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.
    The Commission staff is consulting with the Alabama Historical 
Commission (Alabama SHPO) and the Advisory Council on Historic 
Preservation (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. 470f), to prepare a 
Programmatic Agreement for managing properties included in, or eligible 
for inclusion in, the National Register of Historic Places that could 
be affected by issuance of a license for the Demopolis Lock and Dam 
Hydroelectric Project.
    The Programmatic Agreement, when executed by the Commission and the 
Alabama 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 section 800.13[e]). The Commission's responsibilities pursuant 
to section 106 for the project would be fulfilled through the 
Programmatic Agreement, which the Commission staff proposes to draft in 
consultation with certain parties listed below.
    Birch Power Company, as applicant for the proposed Demopolis 
Hydroelectric Project, the U.S. Army Corps of Engineers, the Poarch 
Band of Creek Indians, Alabama-Coushatta Tribe of Texas, Alabama-
Quassarte Tribal Town, United Keetoowah Band of Cherokee Indians, 
Choctaw Nation of Oklahoma, Jena Band of Choctaw Indians, Muscogee 
(Creek) Nation, and

[[Page 50411]]

Kialegee Tribal Town of the Muscogee (Creek) Nation have expressed an 
interest in this proceeding and are invited to participate in 
consultations to develop the Programmatic Agreement and to sign as a 
concurring party to the Programmatic Agreement. For purposes of 
commenting on the Programmatic Agreement, we propose to restrict the 
service list for Project No. 13102-003 as follows:

John Eddins, Advisory Council on Historic Preservation, The Old Post 
Office Building, 1100 Pennsylvania Avenue, NW., Suite 803, Washington, 
DC 20004
Greg Rhinehart, Alabama Historical Commission, 468 South Perry Street, 
Montgomery, AL 36130-0900
Joseph Giliberti, U.S. Army Corps of Engineers, Mobile District, 109 
Saint Joseph Street, MS-PDEI, Mobile, AL 36628-0001
Nicholas E. Josten, Agent, Birch Power Company, 2742 Saint Charles 
Avenue, Idaho Falls, ID 83404
Robert Thrower, THPO, Poarch Band of Creek Indians, 5811 Jack Springs 
Road, Atmore, AL 36502
Bryant Celestine, THPO, Alabama-Coushatta Tribe of Texas, 571 State 
Park Road 56, Livingston, TX 77351
Augustine Asbury, Alabama-Quassarte Tribal Town, P.O. Box 187, Wetumka, 
OK 74883
Lisa Baker, THPO, United Keetoowah Band of Cherokee Indians, 20525 S. 
Jules Valdez Road, Tahlequah, OK 74464
Dr. Ian Thompson, THPO, Choctaw Nation of Oklahoma, P.O. Box 1210, 
Durant, OK 74701
Johnnie Jacobs, Choctaw Nation of Oklahoma, P.O. Box 1210, Durant, OK 
74701
Dana Masters, THPO, Jena Band of Choctaw Indians, P.O. Box 14, Jena, LA 
71342
Emman Spain, THPO, Muscogee (Creek) Nation, P.O. Box 580, Okmulgee, OK 
74447
Chief George Tiger or Representative, Kialegee Tribal Town of the 
Muscogee (Creek) Nation, P.O. Box 146, Wetumpka, OK 74883

    Any person on the official service list for the above-captioned 
proceedings 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. An 
original plus five copies of any such motion must be filed with 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. 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 the motion.

    Dated: August 12, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-20033 Filed 8-16-13; 8:45 am]
BILLING CODE 6717-01-P


