Application for an Incidental Take Permit; Renewable (Wind and Solar) Energy, Power Line, and Communication Tower Habitat Conservation Plan for the Lesser Prairie-Chicken; Colorado, Kansas, New Mexico, Oklahoma and Texas

• Published date: 14 April 2021
• Citation: 86 FR 19634
• Record Number: 2021-07475
• Section: Notices
• Court: Fish And Wildlife Service

19634

Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Notices

ÆUpdated process for Economic

Hardship Waiver added.

ÆExcess Funds Restrictions specifies

High Priority items as eligible under this

option.

ÆUpdated instruction on supporting

documentation is added for advance

and reimbursement payment request.

Recommendations Not Adopted for FY

2020

•The CDP recommended that fire

departments implement a requirement

where National Fire Protection

Association (NFPA) standards listed as

1582 physicals become a requirement

for all awards. FEMA recommends

evaluating the impact of this

requirement prior to implementation.

Data on fire departments’ abilities to

meet this standard was collected in the

FY 2020 application. It will not be

considered during the application

review.

•The CDP recommended that FEMA

adopt new definitions for career and

combination departments to align with

NFPA changes in the 1710 and 1720

standards. FEMA is unable to adopt this

recommendation as it conflicts with

statutory definitions.

Authority: 15 U.S.C. 2229.

Robert Fenton,

Senior Official Performing the Duties of the

FEMA Administrator, Federal Emergency

Management Agency.

[FR Doc. 2021–07576 Filed 4–13–21; 8:45 am]

BILLING CODE 9111–64–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS–R2–ES–2020–N125;

FXES11140200000–212–FF02ENEH00]

Application for an Incidental Take

Permit; Renewable (Wind and Solar)

Energy, Power Line, and

Communication Tower Habitat

Conservation Plan for the Lesser

Prairie-Chicken; Colorado, Kansas,

New Mexico, Oklahoma and Texas

AGENCY

: Fish and Wildlife Service,

Interior.

ACTION

: Notice of availability; request

for comments.

SUMMARY

: This notice advises the public

that LPC Conservation LLC (applicant)

has applied to the U.S. Fish and

Wildlife Service (Service) for an

incidental take permit (ITP) supported

by the Renewable (Wind and Solar)

Energy, Power Line, and

Communication Tower Habitat

Conservation Plan for the Lesser Prairie-

chicken; Colorado, Kansas, New Mexico,

Oklahoma and Texas (HCP). The

applicant has applied to the Service for

the ITP pursuant to the Endangered

Species Act. The requested ITP, if

approved, would authorize incidental

take of the lesser prairie-chicken

resulting from activities covered by the

HCP (e.g., wind, solar, transmission

lines, and communication towers) and

incidental take resulting from

conservation actions taken to avoid,

minimize, and mitigate impacts of the

incidental take of the LEPC that result

from covered activities. If approved, the

requested ITP would become effective

should the LEPC become federally listed

during the life of the ITP and HCP. With

this notice we also announce the

availability of a draft environmental

assessment (EA) that has been prepared

to evaluate the ITP application in

accordance with the requirements of the

National Environmental Policy Act. We

are making the ITP application package,

including the HCP and draft EA,

available for public review and

comment.

DATES

: Submission of comments: We

will accept comments received or

postmarked on or before May 14, 2021.

ADDRESSES

: Obtaining documents: You

may obtain copies of the ITP

application, HCP, draft EA, or other

related documents on the internet at

https://www.fws.gov/southwest/es/

ArlingtonTexas.

Submitting comments: You may

submit written comments by email to

arles@fws.gov. Please note that your

comment is in reference to the above-

referenced HCP. For more information,

see Public Availability of Comments.

FOR FURTHER INFORMATION CONTACT

:

Debra Bills, Field Supervisor, U.S. Fish

and Wildlife Service, Arlington, Texas,

Ecological Services Office; telephone

817–277–1100. Hearing or speech

impaired individuals may call the

Federal Relay Service at 800–877–8339

for TTY service.

SUPPLEMENTARY INFORMATION

: We, the

U.S. Fish and Wildlife Service (Service),

make available the Renewable (Wind

and Solar) Energy, Power Line, and

Communication Tower Habitat

Conservation Plan for the Lesser Prairie-

chicken; Colorado, Kansas, New Mexico,

Oklahoma and Texas (HCP). The LPC

Conservation LLC (applicant) has

applied for an incidental take permit

(ITP). If approved, the requested ITP

would become effective and authorize

incidental take of the lesser prairie-

chicken (Tympanuchus pallidicinctus;

LEPC) should the LEPC become

federally listed during the life of the ITP

and HCP under the Endangered Species

Act of 1973, as amended (ESA; 16

U.S.C. 1531 et seq.).

We are considering issuing a section

10(a)(1)(B) ITP for the LEPC, a species

that is not currently listed under the

ESA, in response to the applicant’s

application and supporting HCP. While

our 2016 revised HCP handbook

(Handbook) provides guidance that an

ITP and supporting HCP include at least

one ESA-listed animal species, the

issuance of this ITP could provide for

LEPC conservation in several ways.

First, the proposed HCP may meet the

Service’s conservation recommendation

for the LEPC because it emphasizes

avoidance and minimization, and

focuses mitigation in areas that can

serve as conservation strongholds for

this species. Depending on enrollment,

this mitigation strategy could help to

preclude the need to list the LEPC or

could help to recover the LEPC, if listing

is warranted in the future. Second, the

proposed HCP would provide taxpayer

and industry savings in the use of one

conservation planning strategy. In

contrast, developing a CCAA prior to a

future listing and developing an HCP, or

multiple HCPs, after a potential future

listing is inefficient for both the Federal

agencies and industry participants. The

proposed HCP would be more efficient

because potential participants could

enroll on a project-by-project basis

either pre- or post a future listing. This

allows for greater, more consistent, and

more predictable conservation efforts to

be undertaken. Third, with this

proposed HCP, the Service would issue

a permit that does not go into effect

until a future listing, if it occurs. This

is the same as our practice for permits

associated with CCAAs and ITPs

associated with multi-species HCPs that

include unlisted species. Finally, the

proposed HCP also supports States’

management ability of the unlisted

species similar to CCAAs in that the

proposed ITP does not become effective

until such time that the covered species

may be listed. Prelisting participation is

voluntary for participants and provides

the affected States continued regulatory

authority regarding wildlife species.

We believe considering a HCP

without a currently listed species, in

this instance, is supported by the

Conference Report to the 1982

Amendments that created HCPs

(Conference Report) which expressly

considered both listed and unlisted

species, H.R. Rep No. 97–835, at 30

(1982). The Conference Report states

that ‘‘although the conservation plan is

keyed to the permit provisions of the

Act which only apply to listed species,

the committee intends that conservation

plans may address both listed and

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unlisted species.’’ Id. The Conference

Report continues by stating that the

inclusion of unlisted species supports

the Congressional purpose that the

species not be viewed in isolation but in

terms of their relationship to the

ecosystem as a whole. This broad view

of conservation, including conservation

planning and permitting for unlisted

species, is ‘‘consistent with the

purposes of several other fish and

wildlife statutes (e.g, Fish and Wildlife

Act of 1956, Fish and Wildlife

Coordination Act) which are intended to

authorize the Secretary to cooperate

with the States and private entities on

matters regarding conservation of all

fish and wildlife resources of this

nation.’’ Id. The Conference Report

encourages the Secretary to develop

‘‘creative partnerships between the

public and private sectors’’ and notes

that the Secretary ‘‘may utilize this

provision to approve conservation plans

which provide long-term commitments

regarding the conservation of listed as

well as unlisted species.’’ Id.

Through the proposed minimization

and mitigation measures, the HCP

would provide long-term commitments

regarding the conservation of LEPC that

would fully offset impacts to the species

associated with habitat loss and

fragmentation resulting from

implementation of the covered activities

by participants in the HCP. The HCP

would provide voluntary pre-listing

conservation that may be used to

evaluate the species’ status in a future

listing decision, and potential

participants would have the option to

enroll in the HCP prior to or after a

potential future listing decision. As

such, processing the ITP application

and HCP under 10(a)(1)(B) could

provide for long-term conservation for

the LEPC and more flexibility and long-

term regulatory certainty for

participants, as described above.

Based on the information above, we

have determined that processing this

ITP application and HCP is consistent

with the Conference Report and current

regulations, and, therefore, we may

process this ITP application and HCP

under section 10(a)(1)(B) of the ESA and

its implementing regulations (50 CFR

17.22(b) and 17.32(b)).

In accordance with the requirements

of the National Environmental Policy

Act of 1969 (NEPA; 42 U.S.C. 4321 et

seq.), we advise the public that:

1. We have prepared a draft

environmental assessment (EA) to

evaluate the ITP application. We are

accepting comments on the ITP

application and draft EA.

2. The applicant has developed an

HCP which describes the measures the

applicant has volunteered to take to

meet the issuance criteria for a

10(a)(1)(B) ITP associated with an HCP.

The issuance criteria for HCPs are found

at 50 CFR 17.22(b)(2) and 50 CFR

17.32(b)(2).

3. The HCP would be implemented by

those parties who voluntarily enroll,

providing conservation upon

enrollment, but the subject ITP would

not be effective until such time as the

cover species may be listed in the

future. The ITP would be effective only

for those participants fully

implementing the conservation plan.

4. As described in the HCP, the

potential incidental take of LEPC could

result from otherwise lawful, voluntary

activities covered by the HCP.

5. We have included the alternative of

issuing an enhancement of survival

permit (ESP) under section 10(a)(1)(A)

of the ESA, the Candidate Conservation

Agreement with Assurances Policy, and

implementing regulations (50 CFR

17.22(d) and 17.32(d)), and we will

accept comments related to this

alternative.

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 involves the

issuance of a 10(a)(1)(B) incidental take

permit (ITP) to LPC Conservation LLC

(applicant) and approval of the

proposed Renewable (Wind and Solar)

Energy, Power Line, and

Communication Tower Habitat

Conservation Plan for the Lesser Prairie-

chicken; Colorado, Kansas, New Mexico,

Oklahoma and Texas (HCP). The ITP

would cover incidental ‘‘take’’ of the

LEPC associated with wind, solar,

power line, and communication tower

buildout, including ancillary (e.g.,

access road, lay down yard, power line

interconnection) ground-disturbing

activities associated with these project

types within the HCP permit area that

could affect potentially suitable LEPC

habitat (the ‘‘covered activities’’). In

addition, the covered activities include

other ground disturbing activities which

could occur during some types of

repairs required during the operations

and maintenance phase, project

repowering, or project decommissioning

within the permit area.

The requested term of the ITP is 30

years, and the ITP would authorize

incidental take of LEPC associated with

impacts to up to 500,000 acres of

suitable LEPC habitat within the plan

area (approximately 1.7 percent of the

30,178,085 total acres of potentially

suitable LEPC habitat within the plan

area) resulting from implementation of

the covered activities by participants in

the HCP.

To meet the requirements of a section

10(a)(1)(B) ITP, the applicant has

developed, and proposes to implement,

the HCP, which describes the

conservation measures the applicant has

voluntarily agreed to undertake. These

measures will be implemented prior to

or concurrent with proposed impacts.

These measures include LEPC habitat

conservation through enhancement and

restoration. On average, for every acre of

LEPC habitat impacted, 2 acres of

perpetual LEPC habitat conservation

would be required. Of those 2 acres, 1

acre would consist of restoration and

the other acre would consist of

enhancement. Restoration actions

include removal of woody vegetation

encroachment, removal infrastructure,

and conversion of cropland to

grasslands. Enhancement efforts

primarily include actions to maintain or

enhance the quality of existing LEPC

habitat, such as prescribed burning,

prescribed grazing, and chemical and

mechanical manipulation of the

vegetative community. Implementation

of the proposed LEPC habitat

conservation measures are projected to

result in no net loss of LEPC habitat.

The ITP would authorize incidental take

that may result from the implementation

of the proposed conservation measures,

including activities occurring on

mitigation parcels that, while providing

a long-term benefit to LEPC, may have

temporary impacts to the species.

The HCP, including the proposed

conservation measures, was developed

in coordination with the Service.

Implementation of the HCP

requirements, including the

conservation measures, would be

required for all participants in the HCP

regardless of the listing status of the

LEPC. The proposed conservation

measures, once implemented, would

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fully offset impacts to the LEPC

associated with habitat loss and

fragmentation resulting from

implementation of the covered

activities, and would provide a long-

term conservation benefit to LEPC.

Alternatives

We are considering two alternatives to

the proposed action as part of this

process: Issuance of an Enhancement of

Survival Permit for a Candidate

Conservation Agreement With

Assurances, and a No Action

Alternative.

1. Issuance of an Enhancement of

Survival Permit for a Candidate

Conservation Agreement With

Assurances

Under this alternative, instead of

approving the HCP and issuing an ITP,

the Service would issue an

enhancement of survival permit (ESP)

pursuant to section 10(a)(1)(A) of the

ESA, supported by a candidate

conservation agreement with assurances

(CCAA), to the applicant for incidental

take associated with the covered

activities in the CCAA. The proposed

covered activities in the CCAA would

be the same as those proposed in the

HCP. The permit term for the ESP

would be 30 years. Under this

alternative, it is assumed the applicant

(in the role of CCAA administrator)

would require enrolled projects to

implement all the avoidance,

minimization, mitigation, monitoring,

adaptive management, and reporting

processes described in the HCP as part

of the CCAA. It is anticipated that a

similar level of wind, solar, power line,

and communication tower development

within the permit area would occur

under an HCP or a CCAA for each

project. However, the enrollment of

projects under the CCAA would end

upon the future date of a possible listing

of the covered species; whereas, the

HCP enrollment would continue for the

duration of the permit. We anticipate

that this alternative would result in the

same level of potential impacts to LEPC

and the same level of LEPC conservation

as what is proposed in the HCP for those

enrolled prior to listing, but projects

after a potential listing would need to

develop their own HCPs or find an

alternative coverage for incidental take.

This action would be consistent with

existing Service guidance for

conservation actions of unlisted species.

2. No Action Alternative

Under this alternative, the Service

would not issue an ITP or an ESP, and

therefore this programmatic permitting

structure would not be available for

willing participants. While the LEPC

remains unlisted, potentially

participating entities (i.e., wind, solar,

power line, and communication tower

companies) would have little economic

or legal incentive to voluntarily initiate

the conservation or management

activities that are proposed in the HCP

to benefit the LEPC. Therefore, unless

potentially participating entities

voluntarily participate in another

programmatic permitting option, should

one be available, or voluntarily develop

their own stand along permitting option,

conservation measures above and

beyond those directed by existing

Federal, State, and local laws, policies,

or regulations likely would not be

implemented, and the LEPC would not

gain additional protections and

conservation benefits over what

currently exists. On private lands,

where the State or Federal government

has no authority to protect or direct the

management of LEPC habitat, LEPC

conservation programs would be

implemented entirely at the discretion

of the landowners and private

developers.

Next Steps

We will evaluate the permit

application, HCP, associated

documents, and comments we receive to

determine whether the ITP application

meets the requirements of ESA, NEPA,

and implementing regulations, or

whether the issuance of an ESP should

be considered. If we determine that all

requirements are met, we will approve

the HCP and issue the ITP under section

10(a)(1)(B) of the ESA (16 U.S.C. 1531

et seq.) to the applicant in accordance

with the terms of the HCP and specific

terms and conditions of the authorizing

ITP. Alternatively, we could approve

this plan as a CCAA and issue an ESP

under section 10(a)(1)(A) of the ESA (16

U.S.C. 1531 et seq.) and applicable

regulations. We will consider comments

on both the alternative and the denial of

issuing a permit in our final decision.

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. 2021–07475 Filed 4–13–21; 8:45 am]

BILLING CODE 4333–15–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[212L1109AF

LLUTC030000.L14400000FR0000; UTU–

91524]

Notice of Realty Action: Recreation

and Public Purposes Act

Classification; Washington County,

Utah

AGENCY

: Bureau of Land Management,

Interior.

ACTION

: Notice of Realty Action.

SUMMARY

: The Bureau of Land

Management (BLM) examined certain

public lands in Washington County,

Utah, and found them suitable for

classification for lease or conveyance to

the Washington County Water

Conservancy District (WCWCD) under

the provisions of the Recreation and

Public Purposes (R&PP) Act, as

amended, the Taylor Grazing Act, and

Executive Order 6910. WCWCD

proposes to use the 10.87-acre parcel

described below as a camping and

recreation area adjacent to a proposed

reservoir near the junction of Interstate

15 and State Route 17.

DATES

: Submit written comments

regarding this proposed classification on

or before June 1, 2021.

ADDRESSES

: Comments may be emailed

to blm_ut_sgfo_comments@blm.gov or

mailed to the BLM St. George Field

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