Record of Decision for the Final Environmental Impact Statement for the Deschutes Basin Habitat Conservation Plan, Klamath, Deschutes, Jefferson, Crook, Wasco, and Sherman Counties, Oregon, 1994-1995 [2021-00304]
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1994
Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
The Principal Deputy Assistant
Secretary for Policy Development and
Research, Michael J. Marshall, having
reviewed and approved this document,
is delegating the authority to
electronically sign this document to
submitter, Nacheshia Foxx, who is the
Federal Register Liaison for HUD, for
purposes of publication in the Federal
Register.
Nacheshia Foxx,
Federal Register Liaison for the Department
of Housing and Urban Development.
[FR Doc. 2021–00251 Filed 1–8–21; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2019–0091; FXES111
40100000–212–FF01E00000]
jbell on DSKJLSW7X2PROD with NOTICES
Record of Decision for the Final
Environmental Impact Statement for
the Deschutes Basin Habitat
Conservation Plan, Klamath,
Deschutes, Jefferson, Crook, Wasco,
and Sherman Counties, Oregon
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; record of
decision and habitat conservation plan.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
SUMMARY:
VerDate Sep<11>2014
22:36 Jan 08, 2021
Jkt 253001
availability of a record of decision
(ROD) for the proposed issuance of an
Endangered Species Act (ESA) permit
for the Deschutes Basin Habitat
Conservation Plan (HCP). The ROD
documents the Service’s decision to
issue an incidental take permit (ITP) to
the Deschutes Basin Board of Control
(DBBC)’s eight-member irrigation
districts, and the City of Prineville
(applicants). As summarized in the
ROD, the Service has selected
Alternative 2—the Proposed Action,
which includes implementation of the
HCP and issuance of a 30-year ITP
authorizing take of two threatened
species listed under the ESA that may
occur incidental to covered activities in
the plan area over the permit term.
ADDRESSES: You may obtain copies of
the ROD and other documents
associated with the decision by the
following methods.
• Internet: https://www.regulations.gov
under Docket No. FWS–R1–ES–2019–
0091, or at https://www.fws.gov/
Oregonfwo/articles.cfm?id=149489716.
• Upon Request: You may request
alternative formats of the documents
directly from the Service (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Bridget Moran, by telephone at 541–
383–7146, or by email at bridget_
moran@fws.gov. Hearing or speech
impaired individuals may call the
Federal Relay Service at 800–877–8339
for TTY assistance.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
announce the availability of a record of
decision (ROD) for the proposed
issuance of an Endangered Species Act
(ESA) section 10(a)(1)(B) incidental take
permit (ITP) to the Deschutes Basin
Board of Control (DBBC) member
districts (Arnold, Central Oregon, Lone
Pine, North Unit, Ochoco, Swalley,
Three Sisters, and Tumalo Irrigation
Districts) and the City of Prineville
(collectively referred to as the
applicants) in Klamath, Deschutes,
Jefferson, Crook, Wasco, and Sherman
Counties, Oregon. The ROD documents
the Service’s decision to issue an ITP to
the applicants. As summarized in the
ROD, the Service has selected
Alternative 2, the Proposed Action
(described below), which includes
implementation of a Habitat
Conservation Plan (HCP) and issuance
of the ITP authorizing incidental take of
the federally threatened Oregon spotted
frog (Rana pretiosa) and the threatened
bull trout (Salvelinus confluentus) over
a 30-year period. The applicants have
also requested a separate ITP covering
take of the federally threatened Middle
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
Columbia River steelhead trout
(Oncorhynchus mykiss) and the nonlisted sockeye salmon (O. nerka) from
the National Marine Fisheries Service
(NMFS). The Service and NMFS
(jointly, the Services) make independent
decisions regarding coverage for
incidental take of the species under
their respective jurisdictions. NMFS’s
decision is not addressed in the
Service’s ROD.
We are advising the public of the
availability of the ROD, developed in
compliance with agency decisionmaking requirements of the National
Environmental Policy Act of 1969, as
amended (NEPA), and the final HCP as
submitted by the applicants. The
Service published a notice of
availability (NOA) of the Draft EIS in the
Federal Register on October 4, 2019 (84
FR 53164), and jointly published a NOA
of the Final EIS with NMFS on
November 6, 2020 (85 FR 71086). All
alternatives were described in detail,
evaluated, and analyzed in the Draft and
Final EIS. As the EIS was developed
prior to the September 14, 2020,
effective date for the Council on
Environmental Quality’s updated NEPA
regulations, the Final EIS and ROD were
completed consistent with the previous
regulations (40 CFR 1506.13).
Background
All eight water districts are quasimunicipal corporations formed and
operated according to Oregon State law
to distribute water to irrigators (patrons)
within designated geographic
boundaries and in accordance with the
individual water rights held by those
patrons. The City of Prineville operates
City-owned infrastructure and provides
essential services—including public
safety, municipal water supply, and
sewage treatment—for more than 9,000
residents. The applicants have
determined that continued operation of
irrigation and essential services
(covered activities) requires ITPs to
address unavoidable incidental take of
species listed under the ESA (covered
species), which is ongoing.
The applicants have proposed a
conservation program to avoid,
minimize, and mitigate the impacts of
taking of the covered species. The HCP
addresses the adverse effects of the
covered activities on the covered
species by reducing or eliminating those
effects to the maximum extent
practicable, and by mitigating effects
that cannot be eliminated altogether. In
general, adverse effects on listed species
can result from direct harm or injury of
individuals of the species, and through
changes in habitat that interfere with the
essential life activities of the species.
E:\FR\FM\11JAN1.SGM
11JAN1
Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices
Both types of effects are addressed in
the HCP conservation measures. The
covered activities affect the covered
species primarily through changes in
the hydrology (flow) of occupied waters
associated with the storage, release,
diversion, and return of irrigation water.
In the course of storing, releasing,
diverting, and returning irrigation water,
the applicants alter the hydrology of the
Deschutes River and a number of its
tributaries. In a similar fashion, the
pumping of groundwater for municipal
water supply by the City of Prineville
affects the hydrology in one of those
tributaries, the Crooked River. In most
cases, the hydrologic changes resulting
from activities covered by the HCP have
adverse impacts on aquatic habitats for
the covered species. When flows are
reduced, the total area of usable habitat
for aquatic species generally decreases
and water temperatures typically
increase to the extent that habitat
quality is negatively impacted. The HCP
conservation measures will modify
irrigation activities that reduce instream flow (storage and diversion of
water) to address the adverse effects
described above. As a result, with
implementation of the HCP, flows in the
affected reaches will be higher than they
were historically (over the last 50+
years) in the winter, and provide
improved habitat quality for the covered
species.
jbell on DSKJLSW7X2PROD with NOTICES
Purpose and Need
As described in the Final EIS, the
Service’s purpose for the Federal action
is to fulfill our section 10(a)(1)(B)
conservation authorities and
obligations. The need for our action is
to respond to the ITP application
submitted by the applicants requesting
take of the Oregon spotted frog and bull
trout, the two species under the
Service’s jurisdiction.
Alternatives
In compliance with NEPA (42 U.S.C.
4321 et seq.), the Service prepared a
Final EIS analyzing the proposed action
(Alternative 2, identified as the
preferred alternative), a no-action
alternative, and two additional
alternatives to the proposed action;
summaries of each alternative are
presented below. The Final EIS
analyzed both the Service’s proposed
issuance of an ITP and NMFS’s
proposed issuance of an ITP. The
environmental consequences of each
alternative were analyzed to determine
if significant impacts to the human
environment would occur. Public
comments received in response to the
Draft EIS were considered, and the Final
EIS reflected clarifications of the
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22:36 Jan 08, 2021
Jkt 253001
existing analysis to address public
comments. The Final EIS did not
identify an environmentally preferable
alternative. Pursuant to NEPA
implementing regulations found at 40
CFR 1505.2, the Service identified
Alternative 3 (Enhanced Variable
Streamflows) as the environmentally
preferable alternative in the ROD.
Alternative 1—No-action Alternative:
No ITPs would be issued, and the
applicants’ HCP would not be
implemented. Under Alternative 1,
ongoing applicant activities would
remain subject to the take prohibition
for listed species under section 9 of the
ESA. This alternative assumes
continuation of actions covered in an
ESA section 7 biological opinion issued
to the Bureau of Reclamation addressing
the effects of water management
activities in the Upper Deschutes River
Basin to the Oregon spotted frog, and
continuation of actions covered in other
ESA section 7 consultation documents
addressing the effects of Deschutes
River Basin projects to the Middle
Columbia River steelhead trout and the
bull trout.
Alternative 2—Proposed Action,
Deschutes Basin HCP: Under this
alternative, identified as the preferred
alternative in the Final EIS, the Service
would issue a 30-year ITP to the
applicants for incidental take of the two
covered species under its jurisdiction,
NMFS would issue a separate ITP for
incidental take of the two covered
species under its jurisdiction, and the
applicants would implement the HCP.
Over the 30-year period of HCP
implementation, in-stream flows would
be modified to mimic more natural flow
patterns to support the various life
stages of the covered species. The HCP
also includes the establishment of
conservation funds to support habitat
restoration and enhancement projects,
as well as additional funding for instream water leasing programs.
Alternative 3—Enhanced Variable
Streamflows: Under this alternative, the
Services would issue ITPs to the
applicants for the same plan area,
covered lands and waters, covered
species, covered activities, and permit
term as described for the proposed
action, but with modifications to the
HCP conservation strategy, including
increased fall and winter flows in the
Deschutes River below Wickiup Dam,
and in-stream protection of
uncontracted water releases on the
Crooked River for fish and wildlife.
Alternative 4—Accelerated Schedule
for Enhanced Variable Streamflows:
Under this alternative, the Services
would issue ITPs to the applicants for
the same plan area, covered lands and
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Frm 00079
Fmt 4703
Sfmt 4703
1995
waters, covered species, and covered
activities as described for the proposed
action, but with a 20-year permit term
and modifications to the HCP
conservation strategy for an accelerated
schedule for increases in fall and winter
flows in the Deschutes River below
Wickiup Dam, and in-stream protection
of additional uncontracted water
releases on the Crooked River for fish
and wildlife.
Decision and Rationale for Decision
Based on our review of the
alternatives and their environmental
consequences as described in the Final
EIS, we have selected the Proposed
Action (Alternative 2). The Proposed
Action includes the implementation of
the final HCP and the Service’s issuance
of an ITP authorizing incidental take of
the two covered species under the
Service’s jurisdiction for a 30-year
permit term. Our assessment of the
application was conducted in
accordance with the requirements of
section 10(a)(1)(B) of the ESA and its
implementing regulations. In order to
issue an ITP for covered species under
the ESA, we must determine that the
HCP meets the issuance criteria set forth
in 16 U.S.C. 1539(a)(2)(B). We have
made the determination that the HCP
meets this criteria, as described further
in the ROD.
Authority
We provide this notice in accordance
with the requirements of section 10(c) of
the ESA (16 U.S.C. 1539(c)) and its
implementing regulations (50 CFR
17.32), and NEPA (42 U.S.C. 4321 et
seq.) and its implementing regulations
(40 CFR 1506.6; 43 CFR part 46).
Robyn Thorson,
Regional Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2021–00304 Filed 1–8–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R3–FAC–2020–N122; FF03F22900/
FRFR481203YA200/XXX; OMB Control
Number 1018–New]
Agency Information Collection
Activities; Online Program
Management System for Carbon
Dioxide-Carp
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
E:\FR\FM\11JAN1.SGM
11JAN1
Agencies
[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Notices]
[Pages 1994-1995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00304]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2019-0091; FXES11140100000-212-FF01E00000]
Record of Decision for the Final Environmental Impact Statement
for the Deschutes Basin Habitat Conservation Plan, Klamath, Deschutes,
Jefferson, Crook, Wasco, and Sherman Counties, Oregon
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; record of decision and habitat
conservation plan.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a record of decision (ROD) for the proposed issuance of
an Endangered Species Act (ESA) permit for the Deschutes Basin Habitat
Conservation Plan (HCP). The ROD documents the Service's decision to
issue an incidental take permit (ITP) to the Deschutes Basin Board of
Control (DBBC)'s eight-member irrigation districts, and the City of
Prineville (applicants). As summarized in the ROD, the Service has
selected Alternative 2--the Proposed Action, which includes
implementation of the HCP and issuance of a 30-year ITP authorizing
take of two threatened species listed under the ESA that may occur
incidental to covered activities in the plan area over the permit term.
ADDRESSES: You may obtain copies of the ROD and other documents
associated with the decision by the following methods.
Internet: https://www.regulations.gov under Docket No. FWS-
R1-ES-2019-0091, or at https://www.fws.gov/Oregonfwo/articles.cfm?id=149489716.
Upon Request: You may request alternative formats of the
documents directly from the Service (see FOR FURTHER INFORMATION
CONTACT).
FOR FURTHER INFORMATION CONTACT: Bridget Moran, by telephone at 541-
383-7146, or by email at [email protected]. Hearing or speech
impaired individuals may call the Federal Relay Service at 800-877-8339
for TTY assistance.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a record of decision (ROD) for
the proposed issuance of an Endangered Species Act (ESA) section
10(a)(1)(B) incidental take permit (ITP) to the Deschutes Basin Board
of Control (DBBC) member districts (Arnold, Central Oregon, Lone Pine,
North Unit, Ochoco, Swalley, Three Sisters, and Tumalo Irrigation
Districts) and the City of Prineville (collectively referred to as the
applicants) in Klamath, Deschutes, Jefferson, Crook, Wasco, and Sherman
Counties, Oregon. The ROD documents the Service's decision to issue an
ITP to the applicants. As summarized in the ROD, the Service has
selected Alternative 2, the Proposed Action (described below), which
includes implementation of a Habitat Conservation Plan (HCP) and
issuance of the ITP authorizing incidental take of the federally
threatened Oregon spotted frog (Rana pretiosa) and the threatened bull
trout (Salvelinus confluentus) over a 30-year period. The applicants
have also requested a separate ITP covering take of the federally
threatened Middle Columbia River steelhead trout (Oncorhynchus mykiss)
and the non-listed sockeye salmon (O. nerka) from the National Marine
Fisheries Service (NMFS). The Service and NMFS (jointly, the Services)
make independent decisions regarding coverage for incidental take of
the species under their respective jurisdictions. NMFS's decision is
not addressed in the Service's ROD.
We are advising the public of the availability of the ROD,
developed in compliance with agency decision-making requirements of the
National Environmental Policy Act of 1969, as amended (NEPA), and the
final HCP as submitted by the applicants. The Service published a
notice of availability (NOA) of the Draft EIS in the Federal Register
on October 4, 2019 (84 FR 53164), and jointly published a NOA of the
Final EIS with NMFS on November 6, 2020 (85 FR 71086). All alternatives
were described in detail, evaluated, and analyzed in the Draft and
Final EIS. As the EIS was developed prior to the September 14, 2020,
effective date for the Council on Environmental Quality's updated NEPA
regulations, the Final EIS and ROD were completed consistent with the
previous regulations (40 CFR 1506.13).
Background
All eight water districts are quasi-municipal corporations formed
and operated according to Oregon State law to distribute water to
irrigators (patrons) within designated geographic boundaries and in
accordance with the individual water rights held by those patrons. The
City of Prineville operates City-owned infrastructure and provides
essential services--including public safety, municipal water supply,
and sewage treatment--for more than 9,000 residents. The applicants
have determined that continued operation of irrigation and essential
services (covered activities) requires ITPs to address unavoidable
incidental take of species listed under the ESA (covered species),
which is ongoing.
The applicants have proposed a conservation program to avoid,
minimize, and mitigate the impacts of taking of the covered species.
The HCP addresses the adverse effects of the covered activities on the
covered species by reducing or eliminating those effects to the maximum
extent practicable, and by mitigating effects that cannot be eliminated
altogether. In general, adverse effects on listed species can result
from direct harm or injury of individuals of the species, and through
changes in habitat that interfere with the essential life activities of
the species.
[[Page 1995]]
Both types of effects are addressed in the HCP conservation measures.
The covered activities affect the covered species primarily through
changes in the hydrology (flow) of occupied waters associated with the
storage, release, diversion, and return of irrigation water.
In the course of storing, releasing, diverting, and returning
irrigation water, the applicants alter the hydrology of the Deschutes
River and a number of its tributaries. In a similar fashion, the
pumping of groundwater for municipal water supply by the City of
Prineville affects the hydrology in one of those tributaries, the
Crooked River. In most cases, the hydrologic changes resulting from
activities covered by the HCP have adverse impacts on aquatic habitats
for the covered species. When flows are reduced, the total area of
usable habitat for aquatic species generally decreases and water
temperatures typically increase to the extent that habitat quality is
negatively impacted. The HCP conservation measures will modify
irrigation activities that reduce in-stream flow (storage and diversion
of water) to address the adverse effects described above. As a result,
with implementation of the HCP, flows in the affected reaches will be
higher than they were historically (over the last 50+ years) in the
winter, and provide improved habitat quality for the covered species.
Purpose and Need
As described in the Final EIS, the Service's purpose for the
Federal action is to fulfill our section 10(a)(1)(B) conservation
authorities and obligations. The need for our action is to respond to
the ITP application submitted by the applicants requesting take of the
Oregon spotted frog and bull trout, the two species under the Service's
jurisdiction.
Alternatives
In compliance with NEPA (42 U.S.C. 4321 et seq.), the Service
prepared a Final EIS analyzing the proposed action (Alternative 2,
identified as the preferred alternative), a no-action alternative, and
two additional alternatives to the proposed action; summaries of each
alternative are presented below. The Final EIS analyzed both the
Service's proposed issuance of an ITP and NMFS's proposed issuance of
an ITP. The environmental consequences of each alternative were
analyzed to determine if significant impacts to the human environment
would occur. Public comments received in response to the Draft EIS were
considered, and the Final EIS reflected clarifications of the existing
analysis to address public comments. The Final EIS did not identify an
environmentally preferable alternative. Pursuant to NEPA implementing
regulations found at 40 CFR 1505.2, the Service identified Alternative
3 (Enhanced Variable Streamflows) as the environmentally preferable
alternative in the ROD.
Alternative 1--No-action Alternative: No ITPs would be issued, and
the applicants' HCP would not be implemented. Under Alternative 1,
ongoing applicant activities would remain subject to the take
prohibition for listed species under section 9 of the ESA. This
alternative assumes continuation of actions covered in an ESA section 7
biological opinion issued to the Bureau of Reclamation addressing the
effects of water management activities in the Upper Deschutes River
Basin to the Oregon spotted frog, and continuation of actions covered
in other ESA section 7 consultation documents addressing the effects of
Deschutes River Basin projects to the Middle Columbia River steelhead
trout and the bull trout.
Alternative 2--Proposed Action, Deschutes Basin HCP: Under this
alternative, identified as the preferred alternative in the Final EIS,
the Service would issue a 30-year ITP to the applicants for incidental
take of the two covered species under its jurisdiction, NMFS would
issue a separate ITP for incidental take of the two covered species
under its jurisdiction, and the applicants would implement the HCP.
Over the 30-year period of HCP implementation, in-stream flows would be
modified to mimic more natural flow patterns to support the various
life stages of the covered species. The HCP also includes the
establishment of conservation funds to support habitat restoration and
enhancement projects, as well as additional funding for in-stream water
leasing programs.
Alternative 3--Enhanced Variable Streamflows: Under this
alternative, the Services would issue ITPs to the applicants for the
same plan area, covered lands and waters, covered species, covered
activities, and permit term as described for the proposed action, but
with modifications to the HCP conservation strategy, including
increased fall and winter flows in the Deschutes River below Wickiup
Dam, and in-stream protection of uncontracted water releases on the
Crooked River for fish and wildlife.
Alternative 4--Accelerated Schedule for Enhanced Variable
Streamflows: Under this alternative, the Services would issue ITPs to
the applicants for the same plan area, covered lands and waters,
covered species, and covered activities as described for the proposed
action, but with a 20-year permit term and modifications to the HCP
conservation strategy for an accelerated schedule for increases in fall
and winter flows in the Deschutes River below Wickiup Dam, and in-
stream protection of additional uncontracted water releases on the
Crooked River for fish and wildlife.
Decision and Rationale for Decision
Based on our review of the alternatives and their environmental
consequences as described in the Final EIS, we have selected the
Proposed Action (Alternative 2). The Proposed Action includes the
implementation of the final HCP and the Service's issuance of an ITP
authorizing incidental take of the two covered species under the
Service's jurisdiction for a 30-year permit term. Our assessment of the
application was conducted in accordance with the requirements of
section 10(a)(1)(B) of the ESA and its implementing regulations. In
order to issue an ITP for covered species under the ESA, we must
determine that the HCP meets the issuance criteria set forth in 16
U.S.C. 1539(a)(2)(B). We have made the determination that the HCP meets
this criteria, as described further in the ROD.
Authority
We provide this notice in accordance with the requirements of
section 10(c) of the ESA (16 U.S.C. 1539(c)) and its implementing
regulations (50 CFR 17.32), and NEPA (42 U.S.C. 4321 et seq.) and its
implementing regulations (40 CFR 1506.6; 43 CFR part 46).
Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-00304 Filed 1-8-21; 8:45 am]
BILLING CODE 4333-15-P