Draft Environmental Impact Statement and Draft Barton Springs Edwards Aquifer Conservation District Habitat Conservation Plan, 32861-32863 [2017-15037]
Download as PDF
Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices
The Transportation Security
Administration (TSA) invites public
comment on a new Information
Collection Request (ICR) abstracted
below, that we will submit to the Office
of Management and Budget (OMB) for
approval in compliance with the
Paperwork Reduction Act (PRA). The
ICR describes the nature of the
information collection and its expected
burden. The collection involves the
submission of travel information to TSA
to provide wounded warriors, severely
injured military personnel, and certain
other travelers with assistance through
the airport security screening process.
DATES: Send your comments by
September 18, 2017.
ADDRESSES: Comments may be emailed
to TSAPRA@dhs.gov or delivered to the
TSA PRA Officer, Office of Information
Technology (OIT), TSA–11,
Transportation Security Administration,
601 South 12th Street, Arlington, VA
20598–6011.
FOR FURTHER INFORMATION CONTACT:
Christina A. Walsh at the above address,
or by telephone (571) 227–2062.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
Comments Invited
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid OMB control
number. The ICR documentation will be
made available at https://
www.reginfo.gov upon its submission to
OMB. Therefore, in preparation for
OMB review and approval of the
following information collection, TSA is
soliciting comments to—
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including using
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Information Collection Requirement
Purpose and Description of Data
Collection
The Transportation Security
Administration (TSA) established the
Military Severely Injured Joint Support
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Operations Center (MSIJSOC) and the
Travel Protocol Office (TPO) programs
to support and facilitate the movement
of wounded warriors, severely injured
military personnel, veterans and other
travelers requiring an escort through the
airport security screening process. The
MSIJSOC and TPO programs are
available at commercial airports within
the continental United States and its
territories.
The MSIJSOC program works with
passengers who are wounded warriors,
severely injured military members, and
veterans. Once flight arrangements are
made with the airlines, the traveler, his
or her family, or other representative
may contact the TSA Cares Hotline no
later than 72 hours prior to their
scheduled flight time with the details of
the itinerary. TSA will collect the
traveler’s name, travel itinerary (flight
departure and arrival information), and
a point-of-contact’s mobile phone
number. Once TSA collects this
information, TSA Cares will contact
MSIJSOC, where the staff will vet the
request via the appropriate Wounded
Warrior Care Coordinator to verify the
wounded warriors, severely injured
military members, and veterans’
eligibility. After verifying eligibility, the
MSIJSOC will contact the respective
TSA official at the appropriate airport
for action.
Additionally, the TPO program
facilitates the movement of foreign
dignitaries, accredited Ambassadors to
the United States and others who may
require an escort through the airport
security screening process. These
travelers may contact the TPO office by
submitting a request for travel support
via telephone. Travelers and their
points-of-contact should submit their
travel support requests no later than 72
hours prior to the respective scheduled
flight to allow TSA to make timely
notification regarding the travel. TSA
will collect the traveler’s name, travel
itinerary (flight departure and arrival
information), and a point-of-contact’s
mobile phone number.
The estimated annual burden for this
collection is 467 hours. The estimated
number of annual respondents is 5,600
with each response taking
approximately 0.0833 hours (5600 ×
0.0833).
Dated: July 12, 2017.
Christina A. Walsh,
TSA Paperwork Reduction Act Officer, Office
of Information Technology.
[FR Doc. 2017–15019 Filed 7–17–17; 8:45 am]
BILLING CODE 9110–05–P
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32861
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2016–0141;
FXES11140200000–178–FF02ENEH00]
Draft Environmental Impact Statement
and Draft Barton Springs Edwards
Aquifer Conservation District Habitat
Conservation Plan
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability: notice of
receipt of a permit application; and
announcement of a public meeting.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of a draft environmental
impact statement (dEIS), which
evaluates the impacts of, and
alternatives to, the proposed Barton
Springs Edwards Aquifer Conservation
District (BSEACD) Habitat Conservation
Plan (dHCP) for federally-listed Barton
Springs salamander (BSS) and Austin
blind salamander (ABS) (collectively,
covered species) incidental take in
portions of Travis and Hays Counties,
Texas, where pumping withdrawals are
implemented, authorized, or permitted
by BSEACD. We also announce that we
will hold a public meeting on this
project.
SUMMARY:
Comments: We will accept
comments received or postmarked on or
before September 18, 2017. Comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES section below) must be
received by 11:59 p.m. Eastern Time on
the closing date. Any comments that we
receive after the closing date may not be
considered in the final decision on these
actions.
ADDRESSES: Obtaining Documents:
• Internet: You may obtain copies of
the dEIS and dHCP on the Federal
eRulemaking Portal at https://
www.regulations.gov (Docket Number
FWS–R2–ES–2016–0141); or
• You may also obtain copies of the
dEIS and dHCP on the Service’s Web
site at https://www.fws.gov/southwest/es/
AustinTexas/ (refer to permit number
TE10607C).
• U.S. Mail: A limited number of CD–
ROM and printed copies of the dEIS and
dHCP are available, by request, from the
Field Supervisor, U.S. Fish and Wildlife
Service, 10711 Burnet Road, Suite 200,
Austin, TX 78758; phone (512) 490–
0057; or fax (512) 490–0974. Please note
that your request is in reference to the
HCP for BSS and ABS (TE10607C).
• In-Person: Copies of the dEIS and
dHCP are also available for public
DATES:
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32862
Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices
inspection and review at the following
locations, by appointment and written
request only, 8 a.m. to 4:30 p.m.:
Æ U.S. Fish and Wildlife Service,
10711 Burnet Road, Suite 200, Austin,
TX 78758, 512/490–0057.
Æ U.S. Fish and Wildlife Service, 500
Gold Avenue SW., Albuquerque, NM
87102, Room 6034, 505/248–6920.
Æ Department of the Interior, Natural
Resources Library, 1849 C. St. NW.,
Washington, DC 20240.
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 6034, Albuquerque, NM
87103 (Attention: Branch of
Environmental Review).
Submitting Comments: You may
submit written comments by one of the
following methods:
• Electronically: Go to the Federal eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R2–ES–2016–0141, which is
the docket number for this notice. On
the left side of the screen, under the
Document Type heading, click on the
Notices link to locate this document and
submit a comment.
• By Hard Copy: Submit by U.S. mail
or hand-delivery to Public Comments
Processing, Attn: FWS–R2–ES–2016–
0141; U.S. Fish and Wildlife Service;
MS BPHC–PPM; 5275 Leesburg Pike,
Falls Church, VA 22041–3803.
• For how to view comments on the
EIS from the Environmental Protection
Agency (EPA), or for information on
EPA’s role in the EIS process, see EPA’s
Role in the EIS Process under
SUPPLEMENTARY INFORMATION.
• We will also accept written and oral
comments at the public meeting (see
DATES).
We request that you send comments
by only the methods described above.
We will post all information received on
https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Public Availability of
Comments section below for more
information).
sradovich on DSK3GMQ082PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Field Supervisor, U.S. Fish and Wildlife
Service, 10711 Burnet Road, Suite 200,
Austin, TX 78758 or (512) 490–0057.
SUPPLEMENTARY INFORMATION: In
addition to this notice of the dEIS, EPA
is publishing a notice announcing the
dEIS, as required under section 309 of
the Clean Air Act (42 U.S.C. 7401 et
seq.). The publication of EPA’s notice is
the official start of the comment period
for an EIS (see EPA’s Role in the EIS
Process below).
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Background
We initially prepared a notice of
intent (NOI) to prepare an
environmental impact statement (EIS),
which was published in the Federal
Register on August 9, 2005 (70 FR
46186). A scoping meeting was held in
Austin, Texas, on August 23, 2005.
Issues identified during the initial
scoping meeting were incorporated into
a combined dHCP and dEIS dated
August 2007. Subsequent to preparation
of this document, the ABS became listed
as an endangered species and new
information became available for the
BSS. In 2014 we initiated a process to
update the scope of issues and concerns
concerning the proposed action. We
prepared a second NOI to prepare an
environmental assessment (EA), which
was published in the Federal Register
on March 5, 2014 (79 FR 12522) and a
public scoping meeting was held on
April 3, 2014. After reviewing the scope
and possible controversy on the
activities covered in the dHCP, the
Service determined that an EIS was the
appropriate NEPA analysis. A summary
of comments provided during both
scoping periods can be found in
Appendix A of the dEIS.
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
Endangered Species Act of 1973 (Act),
as amended. The ITP would cover
‘‘take’’ of the covered species associated
with permitted pumping occurring
within the permit area.
The requested term of the ITP is 20
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
Four alternatives to the proposed
action we are considering as part of this
process are:
No Action Alternative. Under the No
Action Alternative BSEACD would not
seek, and the Service would not issue,
an ITP. Under this alternative,
compliance with the Act would
continue to occur only on an individual
basis through project-specific
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consultations with the Service. BSEACD
would notify pumpers of approaching
drought and issue notices to stop
pumping once drought is declared and
take of the covered species is imminent.
Under this Alternative, each pumper
would be expected to comply with
pumping cessation notices issued by
BSEACD, or would need to seek an
individual ITP for the covered species
in order to continue pumping. Each
independent application for an ITP
would require an analysis of the
incidental take and impacts to listed
species, the identification and
implementation of appropriate and
practicable mitigation measures, and the
preparation of appropriate
documentation to support the
permitting action. Mitigation
requirements would be individually
negotiated with the Service on the basis
of the level of impact to listed species
and the conservation value of the
mitigation options and opportunities
available to the individual applicant.
Alternative 2: The preferred
alternative. Permitted Pumping Under
the District HCP. The permitted
pumping alternative would involve
approval of the BSEACD HCP
addressing authorized pumping of the
Barton Springs Segment of the Edwards
Aquifer and the issuance of an ITP by
the Service. Alternative 2 measures
could meet state-mandated Desired
Future Conditions (DFC). These actions
would limit Aquifer pumping during
Drought of Record (DOR)-like
conditions to no more than 5.2 cubic
feet per second (cfs), thereby
maintaining a minimum average Barton
Springs monthly springflow of 6.5 cfs.
The BSEACD HCP incorporates actions
to minimize and mitigate unavoidable
incidental take and, includes demand
reduction measures, programs
encouraging the development and use of
new water supplies, greater enforcement
capabilities, cooperative efforts with
other entities, and mechanisms to adapt
management strategies and respond to
emergencies.
Alternative 3: Water Demand
Reduction. Under the water demand
reduction alternative BSEACD would
not seek, and the Service would not
issue, an ITP. BSEACD’s permitting
program would control Aquifer
pumping, both in absolute-use terms
and during drought conditions, to
protect the covered species and avoid
incidental take. Alternative 3 would
require mandated pumping reductions
during DOR conditions to less than 1 cfs
to maintain minimum average monthly
Barton Springs springflow of 11 cfs.
These regulatory curtailments, backed
with effective enforcement to ensure
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Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
compliance, would protect springflow
for the covered species. Minimum
required springflows equivalent to
historical conditions would be ensured
under Alternative 3. However, this
alternative would employ the most
severe regulatory measures to achieve
the level of pumping reductions needed
and would require one or more sources
of replacement water for some
indeterminate fraction of the amount
curtailed to meet residual demand.
Alternative 4: Water Supply
Augmentation and Substitution. Under
Alternative 4 BSEACD would propose
an HCP and seek a 5 year ITP.
Alternative 4 would involve the
development of other alternative water
supplies that would augment the
amount of water pumped from the
Aquifer, substitute for Aquifer
withdrawals, or involve a combination
of both to achieve the goal of
substantially reducing Aquifer pumping
to a level below 1 cfs in order to provide
for a minimum average monthly
springflow of 11 cfs during drought of
record conditions. As additional water
supplies become available, the amount
of Aquifer pumping would be reduced
in direct proportion to the amount of
water augmented or substituted.
BSEACD currently does not have the
regulatory authority to develop
alternative water supplies. Use of
augmented or substituted water supplies
would have to be implemented
voluntarily as is currently being done by
some users within the permit area.
There are also current limitations on the
amount of alternative water supplies
that could economically be made
available to groundwater users within
the region.
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 Meeting
The Service will hold a public
meeting during the public comment
period. The date, time, and location of
the meeting will be noticed in local
newspapers at least two weeks before
the meeting and will also be posted on
the following Web site: https://www.fws.
gov/southwest/es/AustinTexas/. The
public meeting will be physically
accessible to people with disabilities.
Requests for reasonable
accommodations (e.g., auxiliary aids or
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17:47 Jul 17, 2017
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sign language interpretation) should be
directed to Charlotte Kuchera, 512/490–
0057, ext. 224, at least 5 working days
prior to the meeting date.
EPA’s Role in the EIS Process
In addition, EPA is publishing a
notice announcing the dEIS, as required
under section 309 of the Clean Air Act.
The publication date of EPA’s notice of
availability is the official start of the
public comment period for the dEIS.
Under the Clean Air Act, EPA also must
subsequently announce the final EIS via
the Federal Register. The EPA is
charged under section 309 of the Clean
Air Act to review all Federal agencies’
EISs and to comment on the adequacy
and the acceptability of the
environmental impacts of proposed
actions in the EISs.
EPA also serves as the repository (EIS
database) for EISs prepared by Federal
agencies and provides notice of their
availability in the Federal Register. The
EIS database provides information about
EISs prepared by Federal agencies, as
well as EPA’s comments concerning the
EISs. All EISs are filed with EPA, which
publishes a notice of availability on
Fridays in the Federal Register.
The notice of availability is the start
of the 60-day public comment period for
draft EISs. For more information, see
https://www.epa.gov/compliance/nepa/
eisdata.html. You may search for EPA
comments on EISs, along with EISs
themselves, at https://cdxnodengn.epa.
gov/cdx-enepa-public/action/eis/search.
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
regulations (50 CFR 17.22 and 17.32)
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32863
and NEPA and its implementing
regulations (40 CFR 1506.6).
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region,
Albuquerque, New Mexico.
[FR Doc. 2017–15037 Filed 7–17–17; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[178A2100DD/AAKC001030/
A0A501010.999900 253G]
Land Acquisitions; The Chickasaw
Nation
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice informs the public
that the Principal Deputy Assistant
Secretary—Indian Affairs proclaimed
approximately 30.03 acres, more or less,
of land near the Town of Willis,
Marshall County, Oklahoma (Willis
Site) in trust for the Chickasaw Nation
for gaming and other purposes on
January 19, 2017.
FOR FURTHER INFORMATION CONTACT: Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Bureau of Indian Affairs, MS–
3657 MIB, 1849 C Street NW.,
Washington, DC 20240, telephone (202)
219–4066.
SUPPLEMENTARY INFORMATION: This
notice is published in the exercise of
authority delegated by the Secretary of
the Interior to the Assistant Secretary—
Indian Affairs by 209 Departmental
Manual 8.1, and is published to comply
with the requirements of 25 CFR
151.12(c)(2)(ii) that notice of the
decision to acquire land in trust be
promptly provided in the Federal
Register.
On January 19, 2017, the Principal
Deputy Assistant Secretary—Indian
Affairs issued a decision to accept the
Willis Site, consisting of approximately
30.03 acres, more or less, of land in trust
for the Chickasaw Nation (Nation),
under the authority of the Indian
Reorganization Act, 25 U.S.C. 5108. The
Principal Deputy Assistant Secretary—
Indian Affairs determined that Nation’s
request also meets the requirements of
the Indian Gaming Regulatory Act’s
‘‘Oklahoma exception,’’ 25 U.S.C.
2719(a)(2)(A)(i), to the general
prohibition contained in 25 U.S.C.
2719(a) on gaming on lands acquired in
trust after October 17, 1988.
The Principal Deputy Assistant
Secretary—Indian Affairs, on behalf of
the Secretary of the Interior, will
SUMMARY:
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Agencies
[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32861-32863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15037]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2016-0141; FXES11140200000-178-FF02ENEH00]
Draft Environmental Impact Statement and Draft Barton Springs
Edwards Aquifer Conservation District Habitat Conservation Plan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability: notice of receipt of a permit
application; and announcement of a public meeting.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a draft environmental impact statement (dEIS), which
evaluates the impacts of, and alternatives to, the proposed Barton
Springs Edwards Aquifer Conservation District (BSEACD) Habitat
Conservation Plan (dHCP) for federally-listed Barton Springs salamander
(BSS) and Austin blind salamander (ABS) (collectively, covered species)
incidental take in portions of Travis and Hays Counties, Texas, where
pumping withdrawals are implemented, authorized, or permitted by
BSEACD. We also announce that we will hold a public meeting on this
project.
DATES: Comments: We will accept comments received or postmarked on or
before September 18, 2017. Comments submitted electronically using the
Federal eRulemaking Portal (see ADDRESSES section below) must be
received by 11:59 p.m. Eastern Time on the closing date. Any comments
that we receive after the closing date may not be considered in the
final decision on these actions.
ADDRESSES: Obtaining Documents:
Internet: You may obtain copies of the dEIS and dHCP on
the Federal eRulemaking Portal at https://www.regulations.gov (Docket
Number FWS-R2-ES-2016-0141); or
You may also obtain copies of the dEIS and dHCP on the
Service's Web site at https://www.fws.gov/southwest/es/AustinTexas/
(refer to permit number TE10607C).
U.S. Mail: A limited number of CD-ROM and printed copies
of the dEIS and dHCP are available, by request, from the Field
Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite
200, Austin, TX 78758; phone (512) 490-0057; or fax (512) 490-0974.
Please note that your request is in reference to the HCP for BSS and
ABS (TE10607C).
In-Person: Copies of the dEIS and dHCP are also available
for public
[[Page 32862]]
inspection and review at the following locations, by appointment and
written request only, 8 a.m. to 4:30 p.m.:
[cir] U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200,
Austin, TX 78758, 512/490-0057.
[cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW.,
Albuquerque, NM 87102, Room 6034, 505/248-6920.
[cir] Department of the Interior, Natural Resources Library, 1849
C. St. NW., Washington, DC 20240.
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 6034, Albuquerque, NM 87103 (Attention: Branch of
Environmental Review).
Submitting Comments: You may submit written comments by one of the
following methods:
Electronically: Go to the Federal e-Rulemaking Portal:
https://www.regulations.gov. In the Search box, enter FWS-R2-ES-2016-
0141, which is the docket number for this notice. On the left side of
the screen, under the Document Type heading, click on the Notices link
to locate this document and submit a comment.
By Hard Copy: Submit by U.S. mail or hand-delivery to
Public Comments Processing, Attn: FWS-R2-ES-2016-0141; U.S. Fish and
Wildlife Service; MS BPHC-PPM; 5275 Leesburg Pike, Falls Church, VA
22041-3803.
For how to view comments on the EIS from the Environmental
Protection Agency (EPA), or for information on EPA's role in the EIS
process, see EPA's Role in the EIS Process under SUPPLEMENTARY
INFORMATION.
We will also accept written and oral comments at the
public meeting (see DATES).
We request that you send comments by only the methods described
above. We will post all information received on https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Availability of
Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Field Supervisor, U.S. Fish and
Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758 or
(512) 490-0057.
SUPPLEMENTARY INFORMATION: In addition to this notice of the dEIS, EPA
is publishing a notice announcing the dEIS, as required under section
309 of the Clean Air Act (42 U.S.C. 7401 et seq.). The publication of
EPA's notice is the official start of the comment period for an EIS
(see EPA's Role in the EIS Process below).
Background
We initially prepared a notice of intent (NOI) to prepare an
environmental impact statement (EIS), which was published in the
Federal Register on August 9, 2005 (70 FR 46186). A scoping meeting was
held in Austin, Texas, on August 23, 2005. Issues identified during the
initial scoping meeting were incorporated into a combined dHCP and dEIS
dated August 2007. Subsequent to preparation of this document, the ABS
became listed as an endangered species and new information became
available for the BSS. In 2014 we initiated a process to update the
scope of issues and concerns concerning the proposed action. We
prepared a second NOI to prepare an environmental assessment (EA),
which was published in the Federal Register on March 5, 2014 (79 FR
12522) and a public scoping meeting was held on April 3, 2014. After
reviewing the scope and possible controversy on the activities covered
in the dHCP, the Service determined that an EIS was the appropriate
NEPA analysis. A summary of comments provided during both scoping
periods can be found in Appendix A of the dEIS.
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 Endangered Species Act of 1973 (Act), as amended.
The ITP would cover ``take'' of the covered species associated with
permitted pumping occurring within the permit area.
The requested term of the ITP is 20 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
Four alternatives to the proposed action we are considering as part
of this process are:
No Action Alternative. Under the No Action Alternative BSEACD would
not seek, and the Service would not issue, an ITP. Under this
alternative, compliance with the Act would continue to occur only on an
individual basis through project-specific consultations with the
Service. BSEACD would notify pumpers of approaching drought and issue
notices to stop pumping once drought is declared and take of the
covered species is imminent. Under this Alternative, each pumper would
be expected to comply with pumping cessation notices issued by BSEACD,
or would need to seek an individual ITP for the covered species in
order to continue pumping. Each independent application for an ITP
would require an analysis of the incidental take and impacts to listed
species, the identification and implementation of appropriate and
practicable mitigation measures, and the preparation of appropriate
documentation to support the permitting action. Mitigation requirements
would be individually negotiated with the Service on the basis of the
level of impact to listed species and the conservation value of the
mitigation options and opportunities available to the individual
applicant.
Alternative 2: The preferred alternative. Permitted Pumping Under
the District HCP. The permitted pumping alternative would involve
approval of the BSEACD HCP addressing authorized pumping of the Barton
Springs Segment of the Edwards Aquifer and the issuance of an ITP by
the Service. Alternative 2 measures could meet state-mandated Desired
Future Conditions (DFC). These actions would limit Aquifer pumping
during Drought of Record (DOR)-like conditions to no more than 5.2
cubic feet per second (cfs), thereby maintaining a minimum average
Barton Springs monthly springflow of 6.5 cfs. The BSEACD HCP
incorporates actions to minimize and mitigate unavoidable incidental
take and, includes demand reduction measures, programs encouraging the
development and use of new water supplies, greater enforcement
capabilities, cooperative efforts with other entities, and mechanisms
to adapt management strategies and respond to emergencies.
Alternative 3: Water Demand Reduction. Under the water demand
reduction alternative BSEACD would not seek, and the Service would not
issue, an ITP. BSEACD's permitting program would control Aquifer
pumping, both in absolute-use terms and during drought conditions, to
protect the covered species and avoid incidental take. Alternative 3
would require mandated pumping reductions during DOR conditions to less
than 1 cfs to maintain minimum average monthly Barton Springs
springflow of 11 cfs. These regulatory curtailments, backed with
effective enforcement to ensure
[[Page 32863]]
compliance, would protect springflow for the covered species. Minimum
required springflows equivalent to historical conditions would be
ensured under Alternative 3. However, this alternative would employ the
most severe regulatory measures to achieve the level of pumping
reductions needed and would require one or more sources of replacement
water for some indeterminate fraction of the amount curtailed to meet
residual demand.
Alternative 4: Water Supply Augmentation and Substitution. Under
Alternative 4 BSEACD would propose an HCP and seek a 5 year ITP.
Alternative 4 would involve the development of other alternative water
supplies that would augment the amount of water pumped from the
Aquifer, substitute for Aquifer withdrawals, or involve a combination
of both to achieve the goal of substantially reducing Aquifer pumping
to a level below 1 cfs in order to provide for a minimum average
monthly springflow of 11 cfs during drought of record conditions. As
additional water supplies become available, the amount of Aquifer
pumping would be reduced in direct proportion to the amount of water
augmented or substituted. BSEACD currently does not have the regulatory
authority to develop alternative water supplies. Use of augmented or
substituted water supplies would have to be implemented voluntarily as
is currently being done by some users within the permit area. There are
also current limitations on the amount of alternative water supplies
that could economically be made available to groundwater users within
the region.
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 Meeting
The Service will hold a public meeting during the public comment
period. The date, time, and location of the meeting will be noticed in
local newspapers at least two weeks before the meeting and will also be
posted on the following Web site: https://www.fws.gov/southwest/es/AustinTexas/. The public meeting will be physically accessible to
people with disabilities. Requests for reasonable accommodations (e.g.,
auxiliary aids or sign language interpretation) should be directed to
Charlotte Kuchera, 512/490-0057, ext. 224, at least 5 working days
prior to the meeting date.
EPA's Role in the EIS Process
In addition, EPA is publishing a notice announcing the dEIS, as
required under section 309 of the Clean Air Act. The publication date
of EPA's notice of availability is the official start of the public
comment period for the dEIS. Under the Clean Air Act, EPA also must
subsequently announce the final EIS via the Federal Register. The EPA
is charged under section 309 of the Clean Air Act to review all Federal
agencies' EISs and to comment on the adequacy and the acceptability of
the environmental impacts of proposed actions in the EISs.
EPA also serves as the repository (EIS database) for EISs prepared
by Federal agencies and provides notice of their availability in the
Federal Register. The EIS database provides information about EISs
prepared by Federal agencies, as well as EPA's comments concerning the
EISs. All EISs are filed with EPA, which publishes a notice of
availability on Fridays in the Federal Register.
The notice of availability is the start of the 60-day public
comment period for draft EISs. For more information, see https://www.epa.gov/compliance/nepa/eisdata.html. You may search for EPA
comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.
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 regulations (50 CFR 17.22 and 17.32) and NEPA and its
implementing regulations (40 CFR 1506.6).
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2017-15037 Filed 7-17-17; 8:45 am]
BILLING CODE 4333-15-P