Draft Habitat Conservation Plan for Oregon Department of Transportation Routine Maintenance Activities, 60169-60171 [2015-25216]
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60169
Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices
Information collection
Number of respondents
Frequency of
response
Responses
per annum
Burden hour
per response
Annual burden
hours
Hourly cost
per response
Annual cost
Public Housing RAD—
Application Form ......
5,900
1
5,900
2
11,800
$40
$472,000
Total ......................
5,900
........................
5,900
........................
11,800
........................
472,000
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.
Authority: 12 U.S.C. 1701z–1 Research
and Demonstrations.
Dated: September 30, 2015.
Colette Pollard,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2015–25259 Filed 10–2–15; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2015–N181;
FXES11120100000–156–FF01E00000]
Draft Habitat Conservation Plan for
Oregon Department of Transportation
Routine Maintenance Activities
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comment.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have received
an application from the Oregon
Department of Transportation (ODOT)
for an incidental take permit (permit)
under the Endangered Species Act
(ESA) of 1973, as amended. The ODOT’s
SUMMARY:
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18:34 Oct 02, 2015
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application requests a 25-year permit
that would authorize ‘‘take’’ of the
endangered Fender’s blue butterfly and
the threatened Oregon silverspot
butterfly incidental to otherwise lawful
activities associated with road right-ofway (ROW) maintenance and
management activities. The application
includes ODOT’s draft habitat
conservation plan (HCP), which
describes the actions ODOT will
implement to minimize and mitigate the
impacts of incidental take caused by
covered activities. We invite comment
on the application, draft HCP, and the
Service’s draft environmental action
statement (EAS) and preliminary
determination that the draft HCP
qualifies for a categorical exclusion
under the National Environmental
Policy Act (NEPA).
DATES: Written comments on the draft
HCP and the NEPA categorical
exclusion determination must be
received from interested parties no later
than November 4, 2015.
ADDRESSES: To 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 ODOT HCP.
• Internet: Documents may be viewed
on the Internet at https://www.fws.gov/
oregonfwo/ToolsForLandowners/
HabitatConservationPlans/.
• Email: ODOTHCPcomments@
fws.gov. Include ‘‘ODOT HCP’’ in the
subject line of the message or
comments.
• U.S. Mail: State Supervisor, Oregon
Fish and Wildlife Office, U.S. Fish and
Wildlife Service, 2600 SE 98th Avenue,
Suite 100, Portland, OR 97266.
• Fax: 503–231–6195, Attn: ODOT
HCP.
• In-Person Viewing or Pickup:
Comments and materials received will
be available for public inspection, by
appointment, during normal business
hours at the Oregon Fish and Wildlife
Office, U.S. Fish and Wildlife Service,
2600 SE 98th Avenue, Suite 100,
Portland, OR 97266.
FOR FURTHER INFORMATION CONTACT:
Richard Szlemp, U.S. Fish and Wildlife
Service (see ADDRESSES), telephone:
503–231–6179, facsimile: 503–231–
6195. If you use a telecommunications
PO 00000
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Fmt 4703
Sfmt 4703
device for the deaf, please call the
Federal Information Relay Service at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
Section 9 of the ESA (16 U.S.C. 1531
et seq.) prohibits the take of fish and
wildlife species listed as endangered or
threatened under section 4 of the ESA.
Under the ESA, the term ‘‘take’’ means
to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or
to attempt to engage in any such
conduct (16 U.S.C. 1532(19)). The term
‘‘harm,’’ as defined in our regulations,
includes significant habitat modification
or degradation that results in death or
injury to listed species by significantly
impairing essential behavioral patterns,
including breeding, feeding, or
sheltering (50 CFR 17.3). The term
‘‘harass’’ is defined in our regulations as
an intentional or negligent act or
omission which creates the likelihood of
injury to wildlife by annoying it to such
an extent as to significantly disrupt
normal behavioral patterns, which
include, but are not limited to, breeding,
feeding, or sheltering (50 CFR 17.3).
Under specified circumstances, the
Service may issue permits that authorize
take of federally listed species, provided
the take is incidental to, but not the
purpose of, an otherwise lawful activity.
Regulations governing permits for
endangered and threatened species are
at 50 CFR 17.22 and 17.32, respectively.
Section 10(a)(1)(B) of the ESA contains
provisions for issuing such incidental
take permits to non-Federal entities for
the take of endangered and threatened
species, provided the following criteria
are met:
(1) The taking will be incidental;
(2) The applicant will prepare a
conservation plan that, to the maximum
extent practicable, identifies the steps
the applicant will take to minimize and
mitigate the impact of such taking;
(3) The applicant will ensure that
adequate funding for the plan will be
provided;
(4) The taking will not appreciably
reduce the likelihood of the survival
and recovery of the species in the wild;
and
(5) The applicant will carry out any
other measures that the Service may
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05OCN1
60170
Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
require as being necessary or
appropriate for the purposes of the plan.
Proposed Action
The Service proposes to approve the
HCP and to issue a permit, both with a
term of 25 years, to ODOT for incidental
take of the endangered Fender’s blue
butterfly (Icaricia icarioides fenderi) and
the threatened Oregon silverspot
butterfly (Speyeria zerene hippolyta)
caused by covered activities, if permit
issuance criteria are met.
The HCP addresses routine
maintenance activities on ODOTmanaged roads and their associated
right-of-ways (ROWs) throughout
Oregon. The ROW is defined as property
along the State highway system owned
by ODOT, including paved surface,
shoulders, and drainage ditches.
Medians and interchanges associated
with the highway system are part of the
ROW. The ROW width varies
considerably and is often based on
property purchased when the highway
was constructed. Typically, the ROW
boundary is just beyond the top of
slopes cut into hills or the bottom of low
areas filled for construction of the
highway. Populations of Federal and
State listed plants known to occur
within ODOT ROW were field located
through targeted surveys, verified, and
posted.
The ‘‘Operational Roadway’’ is that
portion of the ROW that has been
identified as critical for maintaining the
integrity of the highway and the safety
of the travelling public. Under the HCP,
ODOT will not specifically protect or
manage listed plants or butterfly habitat
in the Operational Roadway because of
the importance of this area for road
safety and functionality. This does not
preclude the continued presence of
listed species and is one reason an
incidental take permit is being sought.
ODOT has identified known
populations of listed species outside the
Operational Roadway that they propose
to avoid impacting. ODOT established a
Special Management Area (SMA)
Program designed to protect and manage
threatened and endangered species,
primarily plants, occurring adjacent to
the highway. The specific boundary
between the Operational Roadway and
protected areas is determined on a caseby-case basis, depending on topography,
highway features and facilities, and
proximity to protected resources. When
a roadside ditch is present, the
Operational Roadway typically ends 4
feet beyond the bottom center of the
ditch. When no ditch is apparent, the
Operational Roadway boundary is
usually 10 feet beyond the edge of
pavement. Under the HCP, the SMAs
VerDate Sep<11>2014
18:34 Oct 02, 2015
Jkt 238001
incorporate the known populations of
rare plants on ODOT ROW that ODOT
has agreed to avoid impacting. In most
cases, only periodic maintenance is
necessary in SMAs and site-specific
restrictions have been developed to
protect listed species in each SMA.
However, most of the highway facilities
that require routine maintenance are
located in the Operational Roadway.
All federally listed plants in Oregon
are also protected by State law under
the Oregon Endangered Species Act,
and their protection and conservation
are administered by the Oregon
Department of Agriculture (ODA). The
Oregon ESA protects many other plant
species beyond those protected under
the Federal ESA. All State agencies,
including ODOT, must consult with
ODA when a proposed action on land
owned or leased by the State, or for
which the State holds a recorded
easement, has the potential to
appreciably reduce the likelihood of the
survival or recovery of any listed plant
species. ODA will accept the HCP as the
foundation for consultation with ODOT
regarding possible routine roadside
maintenance impacts to State listed
plants. Because of the Oregon ESA,
conservation measures for many plant
species are included in the HCP, but
they will not be included under the
incidental take permit since the Federal
ESA has very limited take prohibitions
with respect to federally listed plants.
The anticipated extent of impacts for
which incidental take permit coverage is
sought includes 0.066 acre of Fender’s
blue butterfly larval host plants and 1.11
acres of adult nectar plants. These
impacts will be mitigated at a ratio of
3:1. Impacts to the Oregon silverspot
butterfly along the ROW would amount
to about 0.27 acre of its habitat. These
impacts would occur as a result of
ODOT mowing less than a mile of ROW
containing herbaceous flowering plants
alongside U.S. Highway 101 in the
central coast area to discourage use by
Oregon silverspot butterflies so as to
reduce their likelihood of being hit by
highway traffic. Additional measures
may involve increasing listed butterfly
nectar and larval food plants in
meadows that are distant from the road,
and adding hedgerow or forest fringe
shelter to meadows on both sides of the
highway so listed butterflies will not
have to cross the road to access nectar
and larval plant resources.
National Environmental Policy Act
Compliance
The development of the draft HCP
and the proposed issuance of an
incidental take permit is a Federal
action that triggers the need for
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Fmt 4703
Sfmt 4703
compliance with the National
Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.)
(NEPA). We have made a preliminary
determination that the proposed HCP
and permit issuance are eligible for
categorical exclusion under the NEPA.
The basis for our preliminary
determination is contained in an EAS,
which is available for public review (see
ADDRESSES).
Public Comments
You may submit your comments and
materials by one of the methods listed
in the ADDRESSES section. We request
data, comments, new information, or
suggestions from the public, other
concerned governmental agencies, the
scientific community, Tribes, industry,
or any other interested party on our
proposed Federal action. We
particularly seek comments on the
following: (1) Biological data or other
information regarding the Fender’s blue
butterfly and Oregon silverspot
butterfly; (2) additional information
concerning the range, distribution,
population size, and population trends
of these butterflies; (3) current or
planned activities in the HCP area and
their possible impacts on these species;
(4) the presence of archeological sites,
buildings and structures, historic
events, sacred and traditional areas, and
other historic preservation concerns in
the HCP area, which are required to be
considered in Federal project planning
by the National Historic Preservation
Act; (5) identification of any other
environmental issues that should be
considered with regard to the permit
action; and (6) information regarding the
adequacy of the HCP pursuant to the
requirements for permits at 50 CFR parts
13 and 17.
Public Availability of Comments
All comments and materials we
receive become part of the public record
associated with this action. Before
including your address, phone number,
email address, or other personal
identifying information in your
comments, 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. Comments and materials we
receive, as well as supporting
documentation will be available for
public inspection by appointment,
during normal business hours, at our
Oregon Fish and Wildlife Office (see
ADDRESSES).
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Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices
Next Steps
We will evaluate the HCP, as well as
any comments we receive, to determine
whether implementation of the HCP
would meet the criteria for issuance of
a permit under section 10(a)(1)(B) of the
ESA. We will also evaluate whether the
proposed permit action would comply
with section 7 of the ESA by conducting
an intra-Service section 7 consultation.
We will consider the results of this
consultation, in combination with the
above findings, in our final analysis to
determine whether or not to issue a
permit to the ODOT. We will not make
the final NEPA and permit decisions
until after the end of the 30-day public
comment period on this notice, and we
will fully consider all comments we
receive during the public comment
period. If we determine that the permit
issuance requirements are met, the
Service will issue a permit to the ODOT.
Authority
We provide this notice in accordance
with the requirements of section 10 of
the ESA (16 U.S.C. 1531 et seq.), and
NEPA (42 U.S.C. 4321 et seq.) and their
implementing regulations (50 CFR 17.22
and 40 CFR 1506.6, respectively).
Paul Henson,
Oregon State Supervisor, U.S. Fish and
Wildlife Service, Portland, Oregon.
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[156A2100DD/AAKC001030/
A0A501010.999900 253G]
Indian Gaming
Bureau of Indian Affairs,
Interior.
ACTION: Notice of extension of Tribal—
State Class III Gaming Compact.
AGENCY:
This publishes notice of the
Extension of the Class III gaming
compact between the Rosebud Sioux
Tribe of the Rosebud Indian Reservation
and the State of South Dakota.
DATES: Effective October 5, 2015.
FOR FURTHER INFORMATION CONTACT: Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Deputy Assistant
Secretary—Policy and Economic
Development, Washington, DC 20240,
(202) 219–4066.
SUPPLEMENTARY INFORMATION: Pursuant
to 25 CFR 293.5, an extension to an
existing tribal-state Class III gaming
compact does not require approval by
the Secretary if the extension does not
mstockstill on DSK4VPTVN1PROD with NOTICES
VerDate Sep<11>2014
18:34 Oct 02, 2015
Jkt 238001
Dated: September 29, 2015.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
[FR Doc. 2015–25307 Filed 10–2–15; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[167A2100DD/AAKC001030/
A0A501010.999900]
List of Programs Eligible for Inclusion
in Funding Agreements Negotiated
With Self-Governance Tribes by
Interior Bureaus Other Than the
Bureau of Indian Affairs and Fiscal
Year 2015 Programmatic Targets
Office of the Secretary, Interior.
Notice.
AGENCY:
ACTION:
This notice lists programs or
portions of programs that are eligible for
inclusion in funding agreements with
self-governance Indian tribes and lists
Fiscal Year 2015 programmatic targets
for each of the non-Bureau of Indian
Affairs (BIA) bureaus in the Department
of the Interior, pursuant to the Tribal
Self-Governance Act.
DATES: Submit written comments on
this notice on or before November 4,
2015.
ADDRESSES: Send written comments to
Ms. Sharee M. Freeman, Director, Office
of Self-Governance (MS 355H–SIB),
1849 C Street NW., Washington, DC
20240–0001, telephone: (202) 219–0240,
fax: (202) 219–1404, or to the bureauspecific points of contact listed below.
FOR FURTHER INFORMATION CONTACT:
Inquiries regarding this notice may be
directed to Ms. Sharee M. Freeman at
(202) 219–0240.
SUPPLEMENTARY INFORMATION:
SUMMARY:
[FR Doc. 2015–25216 Filed 10–2–15; 8:45 am]
SUMMARY:
include any amendment to the terms of
the compact. The Rosebud Sioux Tribe
of the Rosebud Indian Reservation and
the State of South Dakota have reached
an agreement to extend the expiration of
their existing Tribal-State Class III
gaming compact to February 5, 2016.
This publishes notice of the new
expiration date of the compact.
I. Background
Title II of the Indian SelfDetermination Act Amendments of 1994
(Pub. L. 103–413, the ‘‘Tribal SelfGovernance Act’’ or the ‘‘Act’’)
instituted a permanent self-governance
program at the Department of the
Interior. Under the self-governance
program, certain programs, services,
functions, and activities, or portions
thereof, in Interior bureaus other than
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Sfmt 4703
60171
BIA are eligible to be planned,
conducted, consolidated, and
administered by a self-governance tribe.
Under section 405(c) of the Tribal
Self-Governance Act, the Secretary of
the Interior is required to publish
annually: (1) A list of non-BIA
programs, services, functions, and
activities, or portions thereof, that are
eligible for inclusion in agreements
negotiated under the self-governance
program; and (2) programmatic targets
for these bureaus.
Under the Tribal Self-Governance Act,
two categories of non-BIA programs are
eligible for self-governance funding
agreements:
(1) Under section 403(b)(2) of the Act,
any non-BIA program, service, function,
or activity that is administered by
Interior that is ‘‘otherwise available to
Indian tribes or Indians,’’ can be
administered by a tribe through a selfgovernance funding agreement. The
Department interprets this provision to
authorize the inclusion of programs
eligible for self-determination contracts
under Title I of the Indian SelfDetermination and Education
Assistance Act (Pub. L. 93–638, as
amended). Section 403(b)(2) also
specifies, ‘‘nothing in this subsection
may be construed to provide any tribe
with a preference with respect to the
opportunity of the tribe to administer
programs, services, functions, and
activities, or portions thereof, unless
such preference is otherwise provided
for by law.’’
(2) Under section 403(c) of the Act,
the Secretary may include other
programs, services, functions, and
activities or portions thereof that are of
‘‘special geographic, historical, or
cultural significance’’ to a selfgovernance tribe.
Under section 403(k) of the Tribal
Self-Governance Act, funding
agreements cannot include programs,
services, functions, or activities that are
inherently Federal or where the statute
establishing the existing program does
not authorize the type of participation
sought by the tribe. However, a tribe (or
tribes) need not be identified in the
authorizing statutes in order for a
program or element to be included in a
self-governance funding agreement.
While general legal and policy guidance
regarding what constitutes an inherently
Federal function exists, the non-BIA
Bureaus will determine whether a
specific function is inherently Federal
on a case-by-case basis considering the
totality of circumstances. In those
instances where the tribe disagrees with
the Bureau’s determination, the tribe
may request reconsideration from the
Secretary.
E:\FR\FM\05OCN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60169-60171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25216]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2015-N181; FXES11120100000-156-FF01E00000]
Draft Habitat Conservation Plan for Oregon Department of
Transportation Routine Maintenance Activities
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from the Oregon Department of Transportation
(ODOT) for an incidental take permit (permit) under the Endangered
Species Act (ESA) of 1973, as amended. The ODOT's application requests
a 25-year permit that would authorize ``take'' of the endangered
Fender's blue butterfly and the threatened Oregon silverspot butterfly
incidental to otherwise lawful activities associated with road right-
of-way (ROW) maintenance and management activities. The application
includes ODOT's draft habitat conservation plan (HCP), which describes
the actions ODOT will implement to minimize and mitigate the impacts of
incidental take caused by covered activities. We invite comment on the
application, draft HCP, and the Service's draft environmental action
statement (EAS) and preliminary determination that the draft HCP
qualifies for a categorical exclusion under the National Environmental
Policy Act (NEPA).
DATES: Written comments on the draft HCP and the NEPA categorical
exclusion determination must be received from interested parties no
later than November 4, 2015.
ADDRESSES: To 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 ODOT HCP.
Internet: Documents may be viewed on the Internet at
https://www.fws.gov/oregonfwo/ToolsForLandowners/HabitatConservationPlans/.
Email: ODOTHCPcomments@fws.gov. Include ``ODOT HCP'' in
the subject line of the message or comments.
U.S. Mail: State Supervisor, Oregon Fish and Wildlife
Office, U.S. Fish and Wildlife Service, 2600 SE 98th Avenue, Suite 100,
Portland, OR 97266.
Fax: 503-231-6195, Attn: ODOT HCP.
In-Person Viewing or Pickup: Comments and materials
received will be available for public inspection, by appointment,
during normal business hours at the Oregon Fish and Wildlife Office,
U.S. Fish and Wildlife Service, 2600 SE 98th Avenue, Suite 100,
Portland, OR 97266.
FOR FURTHER INFORMATION CONTACT: Richard Szlemp, 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 Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Section 9 of the ESA (16 U.S.C. 1531 et seq.) prohibits the take of
fish and wildlife species listed as endangered or threatened under
section 4 of the ESA. Under the ESA, the term ``take'' means to harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or
to attempt to engage in any such conduct (16 U.S.C. 1532(19)). The term
``harm,'' as defined in our regulations, includes significant habitat
modification or degradation that results in death or injury to listed
species by significantly impairing essential behavioral patterns,
including breeding, feeding, or sheltering (50 CFR 17.3). The term
``harass'' is defined in our regulations as an intentional or negligent
act or omission which creates the likelihood of injury to wildlife by
annoying it to such an extent as to significantly disrupt normal
behavioral patterns, which include, but are not limited to, breeding,
feeding, or sheltering (50 CFR 17.3).
Under specified circumstances, the Service may issue permits that
authorize take of federally listed species, provided the take is
incidental to, but not the purpose of, an otherwise lawful activity.
Regulations governing permits for endangered and threatened species are
at 50 CFR 17.22 and 17.32, respectively. Section 10(a)(1)(B) of the ESA
contains provisions for issuing such incidental take permits to non-
Federal entities for the take of endangered and threatened species,
provided the following criteria are met:
(1) The taking will be incidental;
(2) The applicant will prepare a conservation plan that, to the
maximum extent practicable, identifies the steps the applicant will
take to minimize and mitigate the impact of such taking;
(3) The applicant will ensure that adequate funding for the plan
will be provided;
(4) The taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild; and
(5) The applicant will carry out any other measures that the
Service may
[[Page 60170]]
require as being necessary or appropriate for the purposes of the plan.
Proposed Action
The Service proposes to approve the HCP and to issue a permit, both
with a term of 25 years, to ODOT for incidental take of the endangered
Fender's blue butterfly (Icaricia icarioides fenderi) and the
threatened Oregon silverspot butterfly (Speyeria zerene hippolyta)
caused by covered activities, if permit issuance criteria are met.
The HCP addresses routine maintenance activities on ODOT-managed
roads and their associated right-of-ways (ROWs) throughout Oregon. The
ROW is defined as property along the State highway system owned by
ODOT, including paved surface, shoulders, and drainage ditches. Medians
and interchanges associated with the highway system are part of the
ROW. The ROW width varies considerably and is often based on property
purchased when the highway was constructed. Typically, the ROW boundary
is just beyond the top of slopes cut into hills or the bottom of low
areas filled for construction of the highway. Populations of Federal
and State listed plants known to occur within ODOT ROW were field
located through targeted surveys, verified, and posted.
The ``Operational Roadway'' is that portion of the ROW that has
been identified as critical for maintaining the integrity of the
highway and the safety of the travelling public. Under the HCP, ODOT
will not specifically protect or manage listed plants or butterfly
habitat in the Operational Roadway because of the importance of this
area for road safety and functionality. This does not preclude the
continued presence of listed species and is one reason an incidental
take permit is being sought.
ODOT has identified known populations of listed species outside the
Operational Roadway that they propose to avoid impacting. ODOT
established a Special Management Area (SMA) Program designed to protect
and manage threatened and endangered species, primarily plants,
occurring adjacent to the highway. The specific boundary between the
Operational Roadway and protected areas is determined on a case-by-case
basis, depending on topography, highway features and facilities, and
proximity to protected resources. When a roadside ditch is present, the
Operational Roadway typically ends 4 feet beyond the bottom center of
the ditch. When no ditch is apparent, the Operational Roadway boundary
is usually 10 feet beyond the edge of pavement. Under the HCP, the SMAs
incorporate the known populations of rare plants on ODOT ROW that ODOT
has agreed to avoid impacting. In most cases, only periodic maintenance
is necessary in SMAs and site-specific restrictions have been developed
to protect listed species in each SMA. However, most of the highway
facilities that require routine maintenance are located in the
Operational Roadway.
All federally listed plants in Oregon are also protected by State
law under the Oregon Endangered Species Act, and their protection and
conservation are administered by the Oregon Department of Agriculture
(ODA). The Oregon ESA protects many other plant species beyond those
protected under the Federal ESA. All State agencies, including ODOT,
must consult with ODA when a proposed action on land owned or leased by
the State, or for which the State holds a recorded easement, has the
potential to appreciably reduce the likelihood of the survival or
recovery of any listed plant species. ODA will accept the HCP as the
foundation for consultation with ODOT regarding possible routine
roadside maintenance impacts to State listed plants. Because of the
Oregon ESA, conservation measures for many plant species are included
in the HCP, but they will not be included under the incidental take
permit since the Federal ESA has very limited take prohibitions with
respect to federally listed plants.
The anticipated extent of impacts for which incidental take permit
coverage is sought includes 0.066 acre of Fender's blue butterfly
larval host plants and 1.11 acres of adult nectar plants. These impacts
will be mitigated at a ratio of 3:1. Impacts to the Oregon silverspot
butterfly along the ROW would amount to about 0.27 acre of its habitat.
These impacts would occur as a result of ODOT mowing less than a mile
of ROW containing herbaceous flowering plants alongside U.S. Highway
101 in the central coast area to discourage use by Oregon silverspot
butterflies so as to reduce their likelihood of being hit by highway
traffic. Additional measures may involve increasing listed butterfly
nectar and larval food plants in meadows that are distant from the
road, and adding hedgerow or forest fringe shelter to meadows on both
sides of the highway so listed butterflies will not have to cross the
road to access nectar and larval plant resources.
National Environmental Policy Act Compliance
The development of the draft HCP and the proposed issuance of an
incidental take permit is a Federal action that triggers the need for
compliance with the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.) (NEPA). We have made a preliminary
determination that the proposed HCP and permit issuance are eligible
for categorical exclusion under the NEPA. The basis for our preliminary
determination is contained in an EAS, which is available for public
review (see ADDRESSES).
Public Comments
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section. We request data, comments, new
information, or suggestions from the public, other concerned
governmental agencies, the scientific community, Tribes, industry, or
any other interested party on our proposed Federal action. We
particularly seek comments on the following: (1) Biological data or
other information regarding the Fender's blue butterfly and Oregon
silverspot butterfly; (2) additional information concerning the range,
distribution, population size, and population trends of these
butterflies; (3) current or planned activities in the HCP area and
their possible impacts on these species; (4) the presence of
archeological sites, buildings and structures, historic events, sacred
and traditional areas, and other historic preservation concerns in the
HCP area, which are required to be considered in Federal project
planning by the National Historic Preservation Act; (5) identification
of any other environmental issues that should be considered with regard
to the permit action; and (6) information regarding the adequacy of the
HCP pursuant to the requirements for permits at 50 CFR parts 13 and 17.
Public Availability of Comments
All comments and materials we receive become part of the public
record associated with this action. Before including your address,
phone number, email address, or other personal identifying information
in your comments, 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. Comments and materials we
receive, as well as supporting documentation will be available for
public inspection by appointment, during normal business hours, at our
Oregon Fish and Wildlife Office (see ADDRESSES).
[[Page 60171]]
Next Steps
We will evaluate the HCP, as well as any comments we receive, to
determine whether implementation of the HCP would meet the criteria for
issuance of a permit under section 10(a)(1)(B) of the ESA. We will also
evaluate whether the proposed permit action would comply with section 7
of the ESA by conducting an intra-Service section 7 consultation. We
will consider the results of this consultation, in combination with the
above findings, in our final analysis to determine whether or not to
issue a permit to the ODOT. We will not make the final NEPA and permit
decisions until after the end of the 30-day public comment period on
this notice, and we will fully consider all comments we receive during
the public comment period. If we determine that the permit issuance
requirements are met, the Service will issue a permit to the ODOT.
Authority
We provide this notice in accordance with the requirements of
section 10 of the ESA (16 U.S.C. 1531 et seq.), and NEPA (42 U.S.C.
4321 et seq.) and their implementing regulations (50 CFR 17.22 and 40
CFR 1506.6, respectively).
Paul Henson,
Oregon State Supervisor, U.S. Fish and Wildlife Service, Portland,
Oregon.
[FR Doc. 2015-25216 Filed 10-2-15; 8:45 am]
BILLING CODE 4333-15-P
