Application for an Enhancement of Survival Permit; Draft Candidate Conservation Agreement With Assurances for the Dunes Sagebrush Lizard (Sceloporus arenicolus); Andrews, Gaines, Crane, Ector, Ward, and Winkler Counties, Texas
| Published date | 20 November 2020 |
| Citation | 85 FR 74370 |
| Record Number | 2020-25685 |
| Section | Notices |
| Court | Fish And Wildlife Service |
74370
Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices
Office of Housing Counseling is
responsible for administration of the
Department’s Housing Counseling
Program, authorized by Section 106 of
the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701w and
1701x). The Housing Counseling
Program supports the delivery of a wide
variety of housing counseling services to
homebuyers, homeowners, low- to
moderate-income renters, and the
homeless. The primary objective of the
program is to educate families and
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smart decisions regarding improving
their housing situation and meeting the
responsibilities of tenancy and
homeownership, including through
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Counselors also help borrowers avoid
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default, and possible foreclosure.
Counselors may also provide reverse
mortgage counseling to elderly
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Additionally, housing counselors may
distribute and be a resource for
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and fair lending requirements of the Fair
Housing Act, as well as finding units
accessible to persons with disabilities, .
The Housing Counseling Program is
instrumental to achievement of HUD’s
mission. The Program’s far-reaching
effects support numerous departmental
programs, including Federal Housing
Administration (FHA) single family
housing programs.
Approximately 1,700 HUD-
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counseling services nationwide
currently. Of these, approximately 975
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can easily access the nearest HUD-
approved Housing Counseling Agency
(HCA) via HUD’s website, an automated
1800 Hotline, or a smart phone
application. Form HUD–9900,
Application for Approval as a Housing
Counseling Agency, is necessary to
make sure that people who contact a
HUD-approved HCA can have
confidence they will receive quality
service and these agencies meet HUD
requirements for approval.
Respondents (i.e., affected public):
Not-for-profit institutions.
Estimated Number of Respondents:
700.
Estimated Number of Responses: 700.
Frequency of Response: 1.
Average Hours per Response: 8.1667.
Total Estimated Burden: 5,717 hours.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
Assistant Secretary for Housing—Federal
Housing Commissioner, Dana T. Wade,
having reviewed and approved this
document, is delegating the authority to
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submitter, Nacheshia Foxx, who is the
Federal Register Liaison for HUD, for
purposes of publication in the Federal
Register.
Nacheshia Foxx,
Federal Liaison for the Department of Housing
and Development.
[FR Doc. 2020–25686 Filed 11–19–20; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R2–ES–2020–0065;
FXES111602C0000–212–FF02ENEH00]
Application for an Enhancement of
Survival Permit; Draft Candidate
Conservation Agreement With
Assurances for the Dunes Sagebrush
Lizard (Sceloporus arenicolus);
Andrews, Gaines, Crane, Ector, Ward,
and Winkler Counties, Texas
AGENCY
: Fish and Wildlife Service,
Interior.
ACTION
: Notice of availability; request
for comments.
SUMMARY
: This notice advises the public
that Canyon Environmental, LLC
(applicant) has applied to the U.S. Fish
and Wildlife Service (Service) for an
enhancement of survival permit (permit)
supported by the draft Candidate
Conservation Agreement with
Assurances for the Dunes Sagebrush
Lizard (Sceloporus arenicolus) (CCAA)
in Andrews, Gaines, Crane, Ector, Ward,
and Winkler Counties, Texas. The
applicant has applied to the Service for
the permit pursuant to the Endangered
Species Act. The requested permit, if
approved, would authorize incidental
take of the dunes sagebrush lizard
(DSL), resulting from activities
completed pursuant to the draft CCAA.
If approved, the requested permit would
become effective should the DSL
become federally listed during the life of
the permit and CCAA. The proposed
permit would have a term of up to 23
years. We also announce the availability
of a draft environmental assessment
(EA) that has been prepared to evaluate
the permit application in accordance
with the requirements of the National
Environmental Policy Act. We are
making the permit application package,
including the draft CCAA and draft EA,
as well as the issuance criteria for the
requested permit, available for public
review and comment.
DATES
: Submission of comments: We
will accept comments received or
postmarked on or before December 21,
2020.
ADDRESSES
: Obtaining Documents for
Review: You may obtain copies of the
permit application, draft CCAA, draft
EA, or other related documents in the
following formats:
Internet:
•http://www.regulations.gov (search
for Docket No. FWS 2012;R2 2012;ES
2012;2020 2012;0065).
•http://www.fws.gov/southwest/es/
AustinTexas/.
Hard copies or CD 2012;ROM:
•Contact Field Supervisor by phone
or U.S. mail (see
FOR FURTHER
INFORMATION CONTACT
; reference the
notice title and docket number FWS
2012;R2 2012;ES 2012;2020 2012;0065).
Email: fw2_HCP_Permits@fws.gov.
Reviewing Public Comments: View
submitted comments on http://
www.regulations.gov in Docket No. FWS
2012;R2 2012;ES 2012;2020 2012;0065.
Submitting Comments: You may
submit written comments by one of the
following methods:
Internet: http://www.regulations.gov.
Follow the instructions for submitting
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74371
Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices
comments on Docket No. FWS 2012;R2
2012;ES 2012;2020 2012;0065.
Hard Copy: Submit by U.S. mail to
Public Comments Processing, Attn: FWS
2012;R2 2012;ES 2012;2020 2012;0065;
U.S. Fish and Wildlife Service, MS: PRB
(JAO/3W); 5275 Leesburg Pike, Falls
Church, VA 22041, 2012;3803.
We request that you submit comments
by only the methods described above.
We will post all information received on
http://www.regulations.gov. This
generally means we will post any
personal information you provide us
(see Public Availability of Comments).
FOR FURTHER INFORMATION CONTACT
: Mr.
Adam Zerrenner, Field Supervisor, by
mail at U.S. Fish and Wildlife Service,
10711 Burnet Road, Suite 200, Austin,
Texas 78758; via phone at 512 2012;490
2012;0057, ext. 248.; or via the Federal
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION
: We, the
U.S. Fish and Wildlife Service (Service),
make available the draft Candidate
Conservation Agreement with
Assurances for the Dunes Sagebrush
Lizard (Sceloporus arenicolus) (CCAA)
in Andrews, Gaines, Crane, Ector, Ward,
and Winkler Counties, Texas. Canyon
Environmental, LLC (applicant) has
applied for an enhancement of survival
permit (permit). If approved, the
requested permit would become
effective and authorize incidental take
of the dunes sagebrush lizard
(Sceloporus arenicolus; DSL) should the
DSL become federally listed during the
life of the permit and CCAA under the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.).
The permit would authorize incidental
take of the DSL resulting from activities
covered by the draft CCAA (e.g., oil and
gas exploration and development, sand
mining, renewable energy development
and operations, pipeline construction
and operations, local government
activities, agricultural activities, general
construction activities), and incidental
take resulting from conservation,
research, and monitoring activities
completed pursuant to the draft CCAA.
These activities of the CCAA,
collectively, are intended to meet the
net conservation benefit standard.
In accordance with the requirements
of the National Environmental Policy
Act of 1969 (NEPA; 42 U.S.C. 4321 et
seq.) we have prepared a draft
environmental assessment (EA) to
evaluate the permit application. We are
accepting comments on the permit
application and draft EA.
In addition, we advise the public that
the applicant has developed a draft
CCAA which describes the measures the
applicant has volunteered to implement
in an effort to meet the issuance criteria
for a 10(a)(1)(A) permit associated with
a CCAA. Prior to a permit decision, the
Service must conduct an analysis to
determine if the draft CCAA has met the
criteria for the issuance of the requested
permit and does not have any
disqualifying factors that would prevent
the permit from being issued. The
issuance criteria for CCAAs are found at
50 CFR 17.22(d)(2) and 50 CFR
17.32(d)(2), and are as follows:
1. The take will be incidental to an
otherwise lawful activity and will be in
accordance with the terms of the
Candidate Conservation Agreement with
Assurances (50 CFR 17.22(d)(2)(i) and
17.32(d)(2)(i)).
2. The implementation of the terms of
the CCAA is reasonably expected to
provide a net conservation benefit to the
affected covered species by contributing
to the conservation of the species
included in the permit, and the CCAA
otherwise complies with the Candidate
Conservation Agreement with
Assurances policy (81 FR 95164; 50 CFR
17.22(d)(2)(ii) and 17.32(d)(2)(ii)).
3. The probable direct and indirect
effects of any authorized take will not
appreciably reduce the likelihood of the
survival and recovery in the wild of any
species (50 CFR 17.22(d)(2)(iii) and
17.32(d)(2)(iii)).
4. Implementation of the terms of the
Candidate Conservation Agreement with
Assurances is consistent with applicable
Federal, State, and Tribal laws and
regulations (50 CFR 17.22(d)(2)(iv) and
17.32(d)(2)(iv)).
5. Implementation of the terms of the
Candidate Conservation Agreement with
Assurances will not be in conflict with
any ongoing conservation programs for
species covered by the permit (50 CFR
17.22(d)(2)(v) and 17.32(d)(2)(v)).
6. The Applicant has shown
capability for and commitment to
implementing all of the terms of the
Candidate Conservation Agreement with
Assurances (50 CFR 17.22(d)(2)(vi) and
17.32(d)(2)(vi)).
The Service has not yet reached a
determination whether the draft CCAA
meets the above permit issuance
criteria. We are accepting comments on
the permit relative to the above criteria
to assist in our evaluation including
suggested revisions to assist in
satisfying the above criteria.
Background
Section 9 of the ESA and our
implementing regulations at 50 CFR part
17 prohibit the ‘‘take’’ of fish or wildlife
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(19)). 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 such take of
endangered and threatened species are
found at 50 CFR 17.21–22 and 50 CFR
17.31–32, respectively.
Proposed Action
The proposed action is the issuance of
a 10(a)(1)(A) enhancement of survival
permit (permit) to Canyon
Environmental, LLC (applicant) and
approval of the proposed Candidate
Conservation Agreement with
Assurances for the Dunes Sagebrush
Lizard (Sceloporus arenicolus) (CCAA).
The draft CCAA would operate under a
programmatic structure. There would be
a single permit holder (the applicant)
and a single CCAA under which
multiple participants could be enrolled
through certificates of inclusion (CIs).
Individual oil and gas, sand mining,
renewable energy, pipeline, local
government, and agricultural entities
interested in participating in the CCAA
and seeking incidental take coverage
under the permit could enroll projects
under the CCAA and permit via a CI.
Coverage under the permit would only
apply to oil and gas exploration and
development, sand mining, renewable
energy development and operations,
pipeline construction and operations,
local government activities, agricultural
activities, and general construction
activities within the CCAA permit area
(covered activities) on and/or associated
with enrolled properties in the CCAA
through execution of a CI in compliance
with all elements of the CCAA and
underlying permit. The conservation
strategy of the CCAA will be completed
by the applicant, with input from the
Service and the Adaptive Management
Committee. Specific conservation
measures include avoidance,
minimization, and mitigation and vary
for each enrolled industry sector. New
surface disturbance in DSL habitat
triggers the payment of habitat
conservation fees and the
implementation of conservation
measures to minimize and mitigate for
the impacts of the disturbance. The
applicant intends to use the
conservation fees to implement
additional conservation measures
consistent with the conservation
strategy. The 2020 DSL CCAA is a
stand-alone voluntary conservation
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Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices
program for the net conservation benefit
of the DSL although implementation
intends to complement other DSL
conservation efforts, including the
Texas Conservation Plan, Natural
Resource Conservation Service
programs, and the New Mexico
conservation programs.
As stated in the draft CCAA, the
requested term of the permit would be
up to 23 years from the date the permit
is signed and the CCAA is approved.
The permit could be issued for a shorter
duration. The permit, and subsequent
CIs, would become effective and
authorize incidental take of the DSL
should the DSL become federally listed
during the life of the permit and CCAA,
as long as the applicant and enrolled
participants are in compliance with the
terms and conditions of the CCAA,
permit, and individual CIs.
The permit, and subsequent CIs,
would authorize incidental ‘‘take’’ of the
DSL associated with implementation of
covered activities. Because take of
individual DSL would be difficult to
detect, take of DSL would be quantified
using the acres of suitable DSL habitat
impacted through implementation of
covered activities by participants in the
CCAA. As proposed in the CCAA, the
permit could authorize incidental take
of DSL associated with impacts to up to
34,690 acres of suitable DSL habitat
within the Plan Area which the permit
application estimates as approximately
12 percent of modeled DSL habitat
within Texas.
The applicant has developed, and
proposes to implement, the CCAA. This
CCAA is a conservation strategy that
includes such actions and measures the
applicant and enrolled participants have
voluntarily agreed to undertake. These
actions and measures include
potentially acquiring conservation
easements, and the implementation of
selected avoidance and minimization
measures to reduce habitat loss and
fragmentation in high and intermediate
suitability DSL habitat areas. As stated
in the issuance criteria, the
implementation of the conservation
strategy must be reasonably expected to
provide a net conservation benefit and
to improve the status of the species.
Status refers to the populations of the
species on the enrolled property, or in
this case the covered area in the CCAA.
Alternatives
At this time, we are considering one
alternative to the proposed action as
part of this process, the No Action
Alternative. However, the proposed
action could also be modified either in
response to public and stakeholder
comments or to achieve issuance
criterion.
Under No Action Alternative, the
Service would not issue the permit, and
therefore this CCAA would not be
available.
Next Steps
We will evaluate the permit
application, draft CCAA, draft EA,
associated documents, and comments
we receive during the comment period
to determine whether the permit
application meets the requirements of
ESA, NEPA, and implementing
regulations. If we determine that all
requirements are met, we will approve
the CCAA and issue the permit under
section 10(a)(1)(A) of the ESA (16 U.S.C.
1531 et seq.) to the applicant in
accordance with the terms of the CCAA
and specific terms and conditions of the
authorizing permit. We will not make
our final decision until after the 30-day
comment period ends, and we have
fully considered all comments received
during the public comment period.
Public Availability of Comments
All comments we receive become part
of the public record associated with this
action. Requests for copies of comments
will be handled in accordance with the
Freedom of Information Act, NEPA, and
Service and Department of the Interior
policies and procedures. 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 to 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 the
authority of section 10(c) of the ESA and
its implementing regulations (50 CFR
17.22 and 17.32) and NEPA (42 U.S.C.
4371 et seq.) and its implementing
regulations (40 CFR 1506.6).
Amy L. Lueders.
Regional Director, Southwest Region, U.S.
Fish and Wildlife Service.
[FR Doc. 2020–25685 Filed 11–19–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2020–N118;
FXES11140100000–201–FF01E00000]
Proposed Safe Harbor Agreement for
Streaked Horned Lark Habitat
Restoration, Linn County, Oregon
AGENCY
: Fish and Wildlife Service,
Interior.
ACTION
: Notice of availability; request
for comments.
SUMMARY
: We, the U.S. Fish and
Wildlife Service (Service), have received
an enhancement of survival permit
application from Scott Erion pursuant to
the Endangered Species Act of 1973 for
streaked horned lark (lark) which is
federally listed as threatened. The
permit application includes a draft safe
harbor agreement (SHA) developed for
the conservation of the lark. The permit
if issued would authorize the incidental
take of the lark associated with habitat
management actions intended to benefit
the lark. We have prepared a draft
environment action statement (EAS) for
our preliminary determination that the
proposed SHA and permit issuance may
be eligible for categorical exclusion
under the National Environmental
Policy Act. We are making the permit
application package, including the
proposed SHA and draft EAS, available
for public review and comment.
DATES
: To ensure consideration, written
comments must be received from
interested parties no later than
December 21, 2020.
ADDRESSES
: To view documents, request
further information, or submit written
comments, please use one of the
following methods, and note that your
information request or comments are in
reference to the ‘‘Erion Property SHA.’’
•Internet: Documents may be viewed
on the internet at http://www.fws.gov/
oregonfwo/.
•Email: FW1ErionSHAcomments@
fws.gov.
•U.S. Mail: State Supervisor, U.S.
Fish and Wildlife Service; 2600 SE 98th
Avenue, Suite 100; Portland, OR 97266.
FOR FURTHER INFORMATION CONTACT
:
Elise Brown, U.S. Fish and Wildlife
Service (see
ADDRESSES
); telephone:
503–231–6179; facsimile: 503–231–
6195. If you use a telecommunications
device for the deaf, please call the
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION
: We, the
U.S. Fish and Wildlife Service (Service),
have received an enhancement of
survival permit application from Scott
Erion pursuant to section 10(a)(1)(A) of
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