Environmental Assessment and Habitat Conservation Plan; Heart of Texas Wind Project; McCulloch County, Texas, 15232-15234 [2017-05969]

Download as PDF 15232 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Dated: March 17, 2017. William H. Holzerland, Senior Director for Information Management, Office of the Chief Administrative Officer Mission Support, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. 2017–05997 Filed 3–24–17; 8:45 am] BILLING CODE 9110–52–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID: FEMA–2016–0031; OMB No. 1660–0086] Agency Information Collection Activities: Submission for OMB Review; Comment Request; Write Your Own (WYO) Company Participation Criteria; New Applicant Federal Emergency Management Agency, DHS. ACTION: Notice. AGENCY: The Federal Emergency Management Agency will submit the information collection abstracted below to the Office of Management and Budget for reinstatement and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The reinstatement submission will describe the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and the actual data collection instruments FEMA will use. DATES: Comments must be submitted on or before April 26, 2017. ADDRESSES: Submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the Desk Officer for the Department of Homeland Security, Federal Emergency Management Agency, and sent via electronic mail to oira.submission@ omb.eop.gov. asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection should be made to Director, Records Management Division, 500 C Street SW., Washington, DC 20472–3100, or email VerDate Sep<11>2014 18:02 Mar 24, 2017 Jkt 241001 address FEMA-Information-CollectionsManagement@fema.dhs.gov. SUPPLEMENTARY INFORMATION: This proposed information collection previously published in the Federal Register on November 23, 2016 at 81 FR 84605 with a 60 day public comment period. No comments were received. This information collection expired on December 31, 2016. The purpose of this notice is to inform the public that FEMA will submit the information collection abstracted below to the Office of Management and Budget for reinstatement and clearance. Collection of Information Title: Write Your Own (WYO) Company Participation Criteria; New Applicant. Type of Information Collection: Reinstatement, without change, of a previously approved information collection for which approval has expired. OMB Number: 1660–0086. FEMA Forms: There is no FEMA form number. Abstract: Under the NFIP, WYO Program, FEMA may enter into arrangements with individual private sector insurance companies that are licensed to engage in the business of offering NFIP flood insurance coverage. The federal government acts as underwriter of this flood insurance. To ensure that a company seeking to return or participate in the WYO program is qualified, FEMA requires an initial submission of information to determine the company’s qualifications, as set forth in 44 CFR 62.24. Affected Public: Business or other forprofit. Number of Respondents: 5. Number of Responses: 5. Estimated Total Annual Burden Hours: 35. Estimated Cost: $1727.95. Comments Comments may be submitted as indicated in the ADDRESSES caption above. Comments are solicited to (a) evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility; (b) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) enhance the quality, utility, and clarity of the information to be collected; and (d) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Dated: March 17, 2017. William H. Holzerland, Senior Director for Information Management, Office of the Chief Administrative Officer, Mission Support, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. 2017–05963 Filed 3–24–17; 8:45 am] BILLING CODE 9111–52–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R2–ES–2016–N212; FXES11140200000–178–FF02ENEH00] Environmental Assessment and Habitat Conservation Plan; Heart of Texas Wind Project; McCulloch County, Texas Fish and Wildlife Service, Interior. ACTION: Notice of availability; draft environmental assessment, draft habitat conservation plan, and permit application. AGENCY: Heart of Texas Wind, LLC (applicant), has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit under the Endangered Species Act of 1973, as amended. If granted, the permit would be in effect for 30 years and would authorize incidental take of the blackcapped vireo (covered species), a bird listed as endangered under the Act. The applicant has completed a draft HCP (dHCP) as part of the application package. The Service also announces the availability of a draft Environmental Assessment (dEA) 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 dHCP, and dEA, available for public review and comment. DATES: To ensure consideration, written comments must be received or postmarked on or before April 26, 2017. ADDRESSES: SUMMARY: Reviewing the Draft Environmental Assessment and Draft Environmental Assessment You may obtain copies of the dEA and dHCP by going to the Service’s Web site at https://www.fws.gov/southwest/es/ AustinTexas/. Alternatively, you may E:\FR\FM\27MRN1.SGM 27MRN1 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices obtain CD–ROM copies of these documents by writing to the Field Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758; by calling (512) 490– 0057; or by faxing (512) 490–0974. A limited number of printed copies of the dEA and dHCP are also available, by request, from the Field Supervisor. Copies of the dEA and dHCP are also available for public inspection and review at the following locations (by appointment only at government offices): • Department of the Interior, Natural Resources Library, 1849 C St. NW., Washington, DC 20240. • U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 4012, Albuquerque, NM 87102. • U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758. Reviewing the Incidental Take Permit Application Persons wishing to review the application may obtain a copy by writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Room 4012, Albuquerque, NM 87103. asabaliauskas on DSK3SPTVN1PROD with NOTICES Submitting Comments or Information To submit written comments, please use one of the following methods: • Email: FW2_AUES_Consult@ fws.gov. Please note that your request is in reference to the Heart of Texas Wind, LLC, HCP (TE–13632C). • Hard copy: Send your comments via U.S. mail to Mr. Adam Zerrenner, Austin Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758–4460; or via fax to 512–490– 0974. Please note that your request is in reference to the Heart of Texas Wind, LLC, HCP (TE–13632C). FOR FURTHER INFORMATION CONTACT: Mr. Adam Zerrenner, via U.S. mail at U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758; or via phone at (512) 490–0057. SUPPLEMENTARY INFORMATION: Heart of Texas Wind, LLC (HoT, applicant), has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (ITP, TE–13632C) under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; Act). The requested permit, which would be in effect for a period of 30 years, if granted, would authorize incidental take of the black-capped vireo (Vireo atricapilla) (BCVI, covered species), a bird species that is listed as endangered under the Act. Incidental take would be covered within 10,808 VerDate Sep<11>2014 18:02 Mar 24, 2017 Jkt 241001 acres in McCulloch County, Texas, for construction of a wind energy facility. Covered activities include clearing for construction of turbine pads, access roads, underground medium voltage collection cables (MV collection cables), a substation, overhead high voltage transmission line, and other necessary infrastructure; installation of turbines and other infrastructure; ongoing operations and maintenance of the proposed project; and any activities necessary to manage habitat for the covered species that could temporarily result in incidental take. The applicant has completed a draft HCP (dHCP) as part of the application package. The Service also announces the availability of a draft Environmental Assessment (dEA) that has been prepared to evaluate the permit application in accordance with the requirements of the National Environmental Policy Act (42 U.S.C. 4321 et seq.; NEPA). We are making the permit application package, including the dHCP, and dEA available for public review and comment. Proposed Action The proposed action involves the issuance of an ITP by the Service for the covered activities in the permit area, pursuant to section 10(a)(1)(B) of the Act. The ITP would cover ‘‘take’’ of the covered species associated with construction of a wind energy facility within the permit area. The requested term of the ITP is 30 years. To meet the requirements of a section 10(a)(1)(B) ITP, the applicant developed and proposes to implement their dHCP, which describes the conservation measures the applicant has agreed to undertake to minimize and mitigate for the impacts of the proposed incidental take of the covered species to the maximum extent practicable, and ensure that incidental take will not appreciably reduce the likelihood of the survival and recovery of these species in the wild. Alternatives Two alternatives to the proposed action we are considering as part of this process are: 1. No Action Alternative. Under the No Action Alternative, HoT would not seek, and the Service would not issue, an ITP. HoT could elect either not to proceed with construction of the proposed project or to proceed with construction without an ITP or an HCP. If construction occurs, the Service assumes that HoT would construct the proposed project in a manner that complies with the Act and avoids take of BCVI. No permanent conservation of BCVI habitat would occur. PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 15233 2. Preferred Alternative: Construction of the HoT wind energy facility under the HCP. This preferred alternative would involve issuance of the requested section 10(a)(1)(B) ITP contingent on the implementation of the Heart of Texas Wind Project HCP. The HCP includes the installation of up to 70 wind turbines, access roads, MV collection cables, substation, high-voltage transmission line, and other related infrastructure constructed within the project area. The covered activities will remove approximately 122.39 acres of occupied BCVI habitat within the plan area and indirectly affect an additional 602.62 acres of BCVI habitat. The applicant has proposed to allow 91.86 acres of BCVI habitat to regenerate within the plan area. The applicant has proposed to mitigate by securing up to 454.23 acres of permanently conserved BCVI habitat. The HoT HCP incorporates actions to minimize and mitigate unavoidable incidental take and includes micro-siting, seasonal clearing restrictions, post-construction habitat restoration, contractor training, and mechanisms to adapt management strategies and respond to emergencies. Section 9 of the Act and its implementing regulations prohibit ‘‘take’’ of fish and wildlife species listed as threatened or endangered under section 4 of the Act. However, section 10(a) of the Act authorizes us to issue permits to take listed wildlife species where such take is incidental to, and not the purpose of, otherwise lawful activities and where the applicant meets certain statutory requirements. Public Availability of Comments Written comments 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 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 request in your comment that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will not consider anonymous comments. 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 section 10(c) of the Act and its implementing E:\FR\FM\27MRN1.SGM 27MRN1 15234 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices regulations (50 CFR 17.22 and 17.32) and NEPA and its implementing regulations (40 CFR 1506.6). Benjamin N. Tuggle, Regional Director, Southwest Region, Albuquerque, New Mexico. [FR Doc. 2017–05969 Filed 3–24–17; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR National Park Service [NPS–WASO–NAGPRA–22938; PPWOCRADN0–PCU00RP14.R50000] Notice of Inventory Completion: U.S. Fish and Wildlife Service, Alaska Region, Anchorage, AK National Park Service, Interior. Notice. AGENCY: ACTION: The U.S. Fish and Wildlife Service, Alaska Region, Anchorage, AK (Alaska Region USFWS), has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, including Alaska Native Tribes, and has determined that there is a cultural affiliation between the human remains and associated funerary objects, and present-day Indian tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization, including Alaska Native Tribes, not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects, should submit a written request to the Alaska Region USFWS. If no additional requestors come forward, transfer of control of the human remains to the lineal descendants, Indian tribes, Native Hawaiian, Alaska Native Tribes, or organizations stated in this notice may proceed. DATES: Representatives of any Indian tribes or Native Hawaiian organizations, including Alaska Native Tribes, not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the Alaska Region USFWS at the address in this notice by April 26, 2017. ADDRESSES: Edward J. DeCleva, Regional Historic Preservation Officer, U.S. Fish and Wildlife Service, Alaska Region, 1011 East Tudor Road, MS–235, Anchorage, AK 99503, telephone (907) 786–3399, email Edward_decleva@ fws.gov. asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:02 Mar 24, 2017 Jkt 241001 Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003(d)(3), of the completion of an inventory of human remains under the control of the Alaska Region USFWS. The human remains and associated funerary objects were removed from Chirikof Island, Kodiak Island Borough, AK. This notice is published as part of the National Park Service’s administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice. SUPPLEMENTARY INFORMATION: Consultation A detailed assessment of the human remains was made by the Alaska Region USFWS professional staff and U.S. Army Corps of Engineers (USACE St. Louis District) staff in consultation with representatives of the Sun’aq Tribe of Kodiak (previously listed as the Shoonaq’ Tribe of Kodiak). History and Description of the Remains In August 1962, human remains representing, at minimum, 109 individuals were removed from multiple sites in the Southwest Anchorage of Chirikof Island, in Kodiak Island Borough, AK. The human remains represent a minimum of 61 individuals, 48 adults and 13 juveniles, from blowout A (also referred to as Site 1); a minimum of 42 individuals 30 adults and 12 juveniles, from blowout B; two adult individuals from Site 2 (also listed as the Midden Site, a secondary site at blowout B); and four adult individuals from the additional locations on the island. No known individuals were identified. The 47 associated funerary objects include 4 vials of blue European trading beads, 2 vials white European trading beads, 34 amber beads, and 1 animal bone shaft all from burial 2 at Site 2; 3 labrets, 2 jet and 1 ivory were recovered from Site 1 on Chirikof Island. Anthropologists collected exposed human remains from two areas designated blowout Area A and B. Area A was a deflating dune trending eastwest 200 meters from the shoreline of the Southwest Anchorage, and Area B is described as an area approximately 200 by 100 meters located east of Area A across a river. At the time of the collection, most of the human remains from Area B were found stacked PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 together in piles, while the skeletal material from Area A were scattered, disarticulated, and badly mixed. In addition to Areas A and B, approximately four individuals were removed from two other areas of the island; these were designated as sites 14 and 21. In the early 1960s, these human remains were held at the University of Wisconsin-Madison. In the late 1960s, most of the collection was loaned to Dr. Neal Tappen at the University of Wisconsin-Milwaukie. In 1982, a doctoral student brought the remains to Indiana University in Bloomington, IN. In March 2016, the collection was transferred to the USACE St. Louis District for inventory and rehousing in anticipation of their return to Alaska. The human remains are believed to be interments stemming from a continuous occupation of the island between 1798 and 1870 by administrators as well as conscript and paid laborers hunting ground squirrels for the RussianAmerican Company. The preponderance of records, including lists of residents for the period 1833–1870, point to the Chirikof population as being mainly Kodiak Island Alutiiq from the southwest portion of the island including those on Tugidak and Sitkinak islands. Therefore, the Chirikof Island human remains are likely Native American and most closely affiliated with the modern Kodiak Alutiiq people. Determinations Made by the Alaska Region USFWS Officials of the Alaska Region USFWS have determined that: • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 109 individuals of Native American ancestry. • Pursuant to 25 U.S.C. 3001(3)(A), the 47 objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony. • Pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and the Sun’aq Tribe of Kodiak (previously listed as the Shoonaq’ Tribe of Kodiak). Additional Requestors and Disposition Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of E:\FR\FM\27MRN1.SGM 27MRN1

Agencies

[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Pages 15232-15234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05969]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2016-N212; FXES11140200000-178-FF02ENEH00]


Environmental Assessment and Habitat Conservation Plan; Heart of 
Texas Wind Project; McCulloch County, Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; draft environmental assessment, draft 
habitat conservation plan, and permit application.

-----------------------------------------------------------------------

SUMMARY: Heart of Texas Wind, LLC (applicant), has applied to the U.S. 
Fish and Wildlife Service (Service) for an incidental take permit under 
the Endangered Species Act of 1973, as amended. If granted, the permit 
would be in effect for 30 years and would authorize incidental take of 
the black-capped vireo (covered species), a bird listed as endangered 
under the Act. The applicant has completed a draft HCP (dHCP) as part 
of the application package. The Service also announces the availability 
of a draft Environmental Assessment (dEA) 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 dHCP, and dEA, available for public 
review and comment.

DATES: To ensure consideration, written comments must be received or 
postmarked on or before April 26, 2017.

ADDRESSES:

Reviewing the Draft Environmental Assessment and Draft Environmental 
Assessment

    You may obtain copies of the dEA and dHCP by going to the Service's 
Web site at https://www.fws.gov/southwest/es/AustinTexas/. 
Alternatively, you may

[[Page 15233]]

obtain CD-ROM copies of these documents by writing to the Field 
Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 
200, Austin, TX 78758; by calling (512) 490-0057; or by faxing (512) 
490-0974. A limited number of printed copies of the dEA and dHCP are 
also available, by request, from the Field Supervisor. Copies of the 
dEA and dHCP are also available for public inspection and review at the 
following locations (by appointment only at government offices):
     Department of the Interior, Natural Resources Library, 
1849 C St. NW., Washington, DC 20240.
     U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 
4012, Albuquerque, NM 87102.
     U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 
200, Austin, TX 78758.

Reviewing the Incidental Take Permit Application

    Persons wishing to review the application may obtain a copy by 
writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. 
Box 1306, Room 4012, Albuquerque, NM 87103.

Submitting Comments or Information

    To submit written comments, please use one of the following 
methods:
     Email: FW2_AUES_Consult@fws.gov. Please note that your 
request is in reference to the Heart of Texas Wind, LLC, HCP (TE-
13632C).
     Hard copy: Send your comments via U.S. mail to Mr. Adam 
Zerrenner, Austin Ecological Services Field Office, 10711 Burnet Road, 
Suite 200, Austin, TX 78758-4460; or via fax to 512-490-0974. Please 
note that your request is in reference to the Heart of Texas Wind, LLC, 
HCP (TE-13632C).

FOR FURTHER INFORMATION CONTACT: Mr. Adam Zerrenner, via U.S. mail at 
U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, 
TX 78758; or via phone at (512) 490-0057.

SUPPLEMENTARY INFORMATION: Heart of Texas Wind, LLC (HoT, applicant), 
has applied to the U.S. Fish and Wildlife Service (Service) for an 
incidental take permit (ITP, TE-13632C) under section 10(a)(1)(B) of 
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; 
Act). The requested permit, which would be in effect for a period of 30 
years, if granted, would authorize incidental take of the black-capped 
vireo (Vireo atricapilla) (BCVI, covered species), a bird species that 
is listed as endangered under the Act. Incidental take would be covered 
within 10,808 acres in McCulloch County, Texas, for construction of a 
wind energy facility. Covered activities include clearing for 
construction of turbine pads, access roads, underground medium voltage 
collection cables (MV collection cables), a substation, overhead high 
voltage transmission line, and other necessary infrastructure; 
installation of turbines and other infrastructure; ongoing operations 
and maintenance of the proposed project; and any activities necessary 
to manage habitat for the covered species that could temporarily result 
in incidental take. The applicant has completed a draft HCP (dHCP) as 
part of the application package. The Service also announces the 
availability of a draft Environmental Assessment (dEA) that has been 
prepared to evaluate the permit application in accordance with the 
requirements of the National Environmental Policy Act (42 U.S.C. 4321 
et seq.; NEPA). We are making the permit application package, including 
the dHCP, and dEA available for public review and comment.

Proposed Action

    The proposed action involves the issuance of an ITP by the Service 
for the covered activities in the permit area, pursuant to section 
10(a)(1)(B) of the Act. The ITP would cover ``take'' of the covered 
species associated with construction of a wind energy facility within 
the permit area. The requested term of the ITP is 30 years. To meet the 
requirements of a section 10(a)(1)(B) ITP, the applicant developed and 
proposes to implement their dHCP, which describes the conservation 
measures the applicant has agreed to undertake to minimize and mitigate 
for the impacts of the proposed incidental take of the covered species 
to the maximum extent practicable, and ensure that incidental take will 
not appreciably reduce the likelihood of the survival and recovery of 
these species in the wild.

Alternatives

    Two alternatives to the proposed action we are considering as part 
of this process are:
    1. No Action Alternative. Under the No Action Alternative, HoT 
would not seek, and the Service would not issue, an ITP. HoT could 
elect either not to proceed with construction of the proposed project 
or to proceed with construction without an ITP or an HCP. If 
construction occurs, the Service assumes that HoT would construct the 
proposed project in a manner that complies with the Act and avoids take 
of BCVI. No permanent conservation of BCVI habitat would occur.
    2. Preferred Alternative: Construction of the HoT wind energy 
facility under the HCP. This preferred alternative would involve 
issuance of the requested section 10(a)(1)(B) ITP contingent on the 
implementation of the Heart of Texas Wind Project HCP. The HCP includes 
the installation of up to 70 wind turbines, access roads, MV collection 
cables, substation, high-voltage transmission line, and other related 
infrastructure constructed within the project area. The covered 
activities will remove approximately 122.39 acres of occupied BCVI 
habitat within the plan area and indirectly affect an additional 602.62 
acres of BCVI habitat. The applicant has proposed to allow 91.86 acres 
of BCVI habitat to regenerate within the plan area. The applicant has 
proposed to mitigate by securing up to 454.23 acres of permanently 
conserved BCVI habitat. The HoT HCP incorporates actions to minimize 
and mitigate unavoidable incidental take and includes micro-siting, 
seasonal clearing restrictions, post-construction habitat restoration, 
contractor training, and mechanisms to adapt management strategies and 
respond to emergencies.

Section 9 of the Act and its implementing regulations prohibit ``take'' 
of fish and wildlife species listed as threatened or endangered under 
section 4 of the Act. However, section 10(a) of the Act authorizes us 
to issue permits to take listed wildlife species where such take is 
incidental to, and not the purpose of, otherwise lawful activities and 
where the applicant meets certain statutory requirements.

Public Availability of Comments

    Written comments 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 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 request in your comment that we withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. We will not consider anonymous 
comments. 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 section 10(c) of the Act and its 
implementing

[[Page 15234]]

regulations (50 CFR 17.22 and 17.32) and NEPA and its implementing 
regulations (40 CFR 1506.6).

Benjamin N. Tuggle,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2017-05969 Filed 3-24-17; 8:45 am]
 BILLING CODE 4333-15-P

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