Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Indiana Crossroads Wind Farm, White County, Indiana; Categorical Exclusion, 73797-73799 [2021-28223]
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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Notices
Covered Species
Public Comments
Authority
The California red-legged frog (Rana
draytonii), a species federally listed as
threatened, is proposed to be included
as a covered species in the proposed
HCP.
We request data, comments, new
information, or suggestions from the
public, other concerned governmental
agencies, the scientific community,
Tribes, industry, or any other interested
party on this notice, the draft screening
form, and the draft HCP. We particularly
seek comments on the following:
1. Biological information concerning
the species;
2. Relevant data concerning the
species;
3. Additional information concerning
the range, distribution, population size,
and population trends of the species;
4. Current or planned activities in the
area and their possible impacts on the
species;
5. The presence of archeological sites,
buildings and structures, historic
events, sacred and traditional areas, and
other historic preservation concerns,
which are required to be considered in
project planning by the National
Historic Preservation Act; and
6. Any other environmental issues
that should be considered with regard to
the proposed development and permit
action.
We publish this notice under the
National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321–4347
et seq.), and its implementing
regulations at 40 CFR 1500–1508, as
well as in compliance with section 10(c)
of the Endangered Species Act (16
U.S.C. 1531–1544 et seq.) and its
implementing regulations at 50 CFR
17.32(b)(1)(ii).
No-Action Alternative
Under the No-Action Alternative, the
Service would not issue an ITP to the
applicant, and routine operations and
maintenance activities and pond
monitoring and maintenance would not
be implemented. The No-Action
Alternative is not feasible, based on the
purpose and need of the operations and
maintenance activities. Without the
action, Lehigh would not be able to
maintain compliance with applicable
water quality and erosion control
requirements and operational safety
standards. Lehigh is mandated by the
State Water Resources Control Board to
comply with existing and applicable
Clean Water Act permits and Water
Quality Certifications; full compliance
would not be possible if operations and
maintenance activities are not
conducted. In addition, not
implementing these activities would
result in erosion and sedimentation that
degrade habitat for the California redlegged frog. Finally, without the
Covered Activities, safety of on-site
material transport and vehicle travel
would be jeopardized. For these
reasons, the No-Action Alternative has
been rejected.
Reduced Project Alternative
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73797
Under the reduced project alternative,
the Service would issue an ITP to the
applicant for a period of 20 years for the
same covered activities and species
described for the Proposed Action
Alternative, but within a reduced HCP
area. The smaller HCP area would
presumably result in reduced
probability for take of California redlegged frog. However, the HCP area
associated with the Proposed Action
Alternative has been minimized to the
smallest possible footprint to fulfill
requirements of the existing storm water
pollution prevention plan and
applicable permits associated with
quarry operation, and to preserve safe
quarry operations. In addition, a
reduced HCP area would reduce the
extent and effectiveness of erosion and
sedimentation control measures,
potentially resulting in degradation of
California red-legged frog habitat. For
these reasons, the Reduced Project
Alternative would not accomplish the
project’s goals and has been rejected.
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22:45 Dec 27, 2021
Jkt 256001
Public Availability of Comments
Before including your address, phone
number, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—might be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Next Steps
Issuance of an incidental take permit
is a Federal proposed action subject to
compliance with NEPA and section 7 of
the ESA. We will evaluate the
application, associated documents, and
any public comments we receive as part
of our NEPA compliance process to
determine whether the application
meets the requirements of section 10(a)
of the ESA. If we determine that those
requirements are met, we will conduct
an intra-Service consultation under
section 7 of the ESA for the Federal
action for the potential issuance of an
ITP. If the intra-Service consultation
confirms that issuance of the ITP will
not jeopardize the continued existence
of any endangered or threatened
species, or destroy or adversely modify
critical habitat, we will issue a permit
to the applicant for the incidental take
of the covered species.
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Fmt 4703
Sfmt 4703
Michael Fris,
Field Supervisor, Sacramento Fish and
Wildlife Office, U.S. Fish and Wildlife Service,
Sacramento, California.
[FR Doc. 2021–28124 Filed 12–27–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R3–ES–2021–0139;
FXES11140300000–223]
Receipt of Incidental Take Permit
Application and Proposed Habitat
Conservation Plan for the Indiana
Crossroads Wind Farm, White County,
Indiana; Categorical Exclusion
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability of
documents; request for comment and
information.
AGENCY:
We, the U.S. Fish and
Wildlife Service, have received an
application from Indiana Crossroads
Wind Farm LLC (applicant), for an
incidental take permit (ITP) under the
Endangered Species Act, for its Indiana
Crossroads Wind Farm (project). If
approved, the ITP would be for a 6-year
period and would authorize the
incidental take of an endangered
species, the Indiana bat, and a
threatened species, the northern longeared bat. The applicant has prepared a
habitat conservation plan that describes
the actions and measures that the
applicant would implement to avoid,
minimize, and mitigate incidental take
of the Indiana bat and northern longeared bat. We request public comment
on the application, which includes the
applicant’s proposed habitat
conservation plan (HCP), and on the
Service’s preliminary determination that
this HCP qualifies as ‘‘low-effect,’’
categorically excluded under the
National Environmental Policy Act. To
make this determination, we used our
environmental action statement and
low-effect screening form, both of which
are also able for public review.
SUMMARY:
E:\FR\FM\28DEN1.SGM
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73798
Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Notices
We will accept comments
received or postmarked on or before
January 27, 2022.
ADDRESSES: Document availability:
Electronic copies of the documents
this notice announces, along with
public comments received, will be
available online in Docket No. FWS–
R3–ES–2021–0139 at https://
www.regulations.gov.
Comment submission: In your
comment, please specify whether your
comment addresses the proposed HCP,
draft environmental action statement, or
any combination of the aforementioned
documents, or other supporting
documents. You may submit written
comments by one of the following
methods:
• Online: https://www.regulations.gov.
Search for and submit comments on
Docket No. FWS–R3–ES–2021–0139.
• By hard copy: Submit comments by
U.S. mail to Public Comments
Processing, Attn: Docket No. FWS–R3–
ES–2021–0139; U.S. Fish and Wildlife
Service; 5275 Leesburg Pike, MS: PRB/
3W; Falls Church, VA 22041–3803.
FOR FURTHER INFORMATION CONTACT:
Scott Pruitt, Field Supervisor,
Bloomington Ecological Services Field
Office, U.S. Fish and Wildlife Service,
620 South Walker Street, Bloomington,
IN 47403; telephone: 812–334–4261,
extension 214; or Andrew Horton,
Regional HCP Coordinator, U.S. Fish
and Wildlife Service—Interior Region 3,
5600 American Blvd., West, Suite 990,
Bloomington, MN 55437–1458;
telephone: 612–713–5337.
Individuals who are hearing impaired
or speech impaired may call the Federal
Relay Service at 1–800–877–8339 for
TTY assistance.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service, have
received an application from Indiana
Crossroads Wind Farm LLC (applicant)
for an incidental take permit (ITP) under
the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.).
The applicant requests the ITP to take
the federally listed Indiana bat (Myotis
sodalis) and northern long-eared bat
(Myotis septentrionalis) incidental to the
operation of 72 wind turbines with a
total generating capacity of 302
megawatt (MW) at the Indiana
Crossroads Wind Farm in White County,
Indiana. While the ITP is for 6 years, the
operational life of most new wind
energy facilities is thirty years and
intensive monitoring conducted during
this permit term will inform the need
for future avoidance or a new long-term
ITP for the remaining life of the project
that will comply with a new NEPA
analysis and habitat conservation plan
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DATES:
VerDate Sep<11>2014
22:45 Dec 27, 2021
Jkt 256001
(HCP). The applicant has prepared an
HCP that describes the actions and
measures that the applicant would
implement to avoid, minimize, and
mitigate incidental take of the covered
species for the first 6 years. We request
public comment on the application,
which includes the applicant’s
proposed HCP, and on the Service’s
preliminary determination that this HCP
qualifies as ‘‘low-effect,’’ categorically
excluded under the National
Environmental Policy Act (NEPA; 42
U.S.C. 4321 et seq.). To make this
determination, we used our
environmental action statement and
low-effect screening form, both of which
are also able for public review.
Background
Section 9 of the ESA and its
implementing regulations prohibit the
‘‘take’’ of animal species listed as
endangered or threatened. Take is
defined under the ESA as to ‘‘harass,
harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect [listed animal
species,] or to attempt to engage in any
such conduct’’ (16 U.S.C. 1532).
However, under section 10(a) of the
ESA, we may issue permits to authorize
incidental take of listed species.
‘‘Incidental take’’ is defined by the ESA
as take that is incidental to, and not the
purpose of, carrying out an otherwise
lawful activity (16 U.S.C. 1539).
Regulations governing incidental take
permits for endangered and threatened
species, respectively, are found in the
Code of Federal Regulations at 50 CFR
17.22 and 50 CFR 17.32.
Applicant’s Proposed Project
The applicant requests a 6-year ITP to
take the federally endangered Indiana
bat (Myotis sodalis) and threatened
northern long-eared bat (Myotis
septentrionalis). The applicant
determined that take is reasonably
certain to occur incidental to operation
of 72 previously constructed wind
turbines in White County, Indiana,
consisting of approximately 32,763
acres of private land. The proposed
conservation strategy in the applicant’s
proposed HCP is designed to avoid,
minimize, and mitigate the impacts of
the covered activity on the covered
species. The biological goals and
objectives are to minimize potential take
of Indiana bats and northern long-eared
bats through on-site minimization
measures and to provide habitat
conservation measures for Indiana bat
and northern long-eared bat to offset any
impacts from operations of the project.
The HCP provides on-site avoidance
and minimization measures, which
include turbine operational
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
adjustments. The authorized level of
take from the project is 18 Indiana bats
and 18 northern long-eared bats over the
6-year permit duration. To offset the
impacts of the taking of the species, the
applicant will implement one or more of
the following mitigation options:
Purchase credits from an approved
conservation bank, contribute to an inlieu fee mitigation fund, implement
permittee responsible mitigation project,
or contribute to a white-nose syndrome
treatment fund.
National Environmental Policy Act
The issuance of an ITP is a Federal
action that triggers the need for
compliance with NEPA. The Service has
made a preliminary determination that
the applicant’s project and the proposed
mitigation measures would individually
and cumulatively have a minor or
negligible effect on the covered species
and the environment. Therefore, we
have preliminarily concluded that the
ITP for this project would qualify for
categorical exclusion, and the HCP
would be low effect under our NEPA
regulations at 43 CFR 46.205 and
46.210. A low-effect HCP is one that
would result in (1) minor or negligible
effects on federally listed, proposed, and
candidate species and their habitats; (2)
minor or negligible effects on other
environmental values or resources; and
(3) impacts that, when considered
together with the impacts of other past,
present, and reasonable foreseeable
similarly situated projects, would not
result in significant cumulative effects
to environmental values or resources
over time.
Next Steps
The Service will evaluate the
application and the comments received
to determine whether the permit
application meets the requirements of
section 10(a) of the ESA. We will also
conduct an intra-Service consultation
pursuant to section 7 of the ESA to
evaluate the effects of the proposed take.
After considering the above findings, we
will determine whether the permit
issuance criteria of section 10(a)(l)(B) of
the ESA have been met. If met, the
Service will issue the requested ITP to
the applicant.
Request for Public Comments
The Service invites comments and
suggestions from all interested parties
on the proposed HCP and screening
form during a 30-day public comment
period (see DATES). In particular,
information and comments regarding
the following topics are requested:
E:\FR\FM\28DEN1.SGM
28DEN1
Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Notices
1. Whether adaptive management,
monitoring, and mitigation provisions
in the proposed HCP are sufficient;
2. The requested 6-year ITP term;
3. Any threats to the Indiana bat and
the northern long-eared bat that may
influence their populations over the life
of the ITP that are not addressed in the
proposed HCP or screening form;
4. Any new information on whitenose syndrome effects on the Indiana
bat and the northern long-eared bat;
5. Whether or not the significance of
the impact on various aspects of the
human environment has been
adequately analyzed; and
6. Any other information pertinent to
evaluating the effects of the proposed
action on the human environment,
including those on the Indiana bat and
the northern long-eared bat.
Availability of Public Comments
You may submit comments by one of
the methods shown under ADDRESSES.
We will post on https://regulations.gov
all public comments and information
received electronically or via hardcopy.
All comments received, including
names and addresses, will become part
of the administrative 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. 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.
khammond on DSKJM1Z7X2PROD with NOTICES
Authority
We provide this notice under section
10(c) of the ESA (16 U.S.C. 1531 et seq.)
and its implementing regulations (50
CFR 17.22) and the NEPA (42 U.S.C.
4371 et seq.) and its implementing
regulations (40 CFR 1500–1508 (2020);
43 CFR part 46).
Lori Nordstrom,
Assistant Regional Director, Ecological
Services.
[FR Doc. 2021–28223 Filed 12–27–21; 8:45 am]
BILLING CODE 4333–15–P
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Jkt 256001
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[222A2100DD/AAKC001030/
A0A501010.999900253G; OMB Control
Number 1076–NEW]
Agency Information Collection
Activities; Tribal Colleges and
Universities CARES Act and CRRSA
Act Report
Bureau of Indian Education,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, we,
the Bureau of Indian Education (BIE),
are proposing a new information
collection.
DATES: Interested persons are invited to
submit comments on or before February
28, 2022.
ADDRESSES: Send your comments on
this information collection request (ICR)
by mail to Steven Mullen, Information
Collection Clearance Officer, Office of
Regulatory Affairs and Collaborative
Action—Indian Affairs, U.S. Department
of the Interior, 1001 Indian School Road
NW, Suite 229, Albuquerque, New
Mexico 87104; or by email to
comments@bia.gov. Please reference
OMB Control Number 1076–NEW in the
subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Dr. Katherine
Campbell, Program Analyst, Office of
Research, Policy and Post-secondary, by
email at Katherine.campbell@bie.edu or
by telephone at (703) 390–6697.
Individuals who are hearing or speech
impaired may call the Federal Relay
Service at 1–800–877–8339 for TTY
assistance. You may also view the ICR
at https://www.reginfo.gov/public/do/
PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 (PRA, 44 U.S.C.
3501 et seq.) and 5 CFR 1320.8(d)(1), all
information collections require approval
under the PRA. We may not conduct or
sponsor and you are not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we invite the public and other
Federal agencies to comment on new,
proposed, revised, and continuing
collections of information. This helps us
assess the impact of our information
collection requirements and minimize
SUMMARY:
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Fmt 4703
Sfmt 4703
73799
the public’s reporting burden. It also
helps the public understand our
information collection requirements and
provide the requested data in the
desired format.
We are especially interested in public
comment addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: The Coronavirus Aid, Relief,
and Economic Security (CARES) Act,
Public Law 116–136, established the
Education Stabilization Fund (ESF) and
allocated $30.75 billion to the U.S.
Department of Education (ED). The
Coronavirus Response and Relief
Supplemental Appropriations (CRRSA)
Act, Public Law 116–260, added $81.9
billion to the ESF.
ED allocated ESF funds to the
Secretary of Interior for programs
operated or funded by the BIE to
prevent, prepare for, and respond to the
Novel Coronavirus Disease 2019
(COVID–19). Specifically, ED allocated
one-half of 1 percent for the Secretary of
Interior for programs operated or funded
by the BIE. On June 12, 2020 ED and BIE
executed a memorandum of agreement
(ESF–BIE I Agreement) regarding the
use of funds.
Additionally, the CRRSA Act requires
ED to allocate one-half of 1 percent of
E:\FR\FM\28DEN1.SGM
28DEN1
]]>Agencies
[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Notices]
[Pages 73797-73799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28223]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2021-0139; FXES11140300000-223]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for the Indiana Crossroads Wind Farm, White
County, Indiana; Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of documents; request for comment and
information.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, have received an
application from Indiana Crossroads Wind Farm LLC (applicant), for an
incidental take permit (ITP) under the Endangered Species Act, for its
Indiana Crossroads Wind Farm (project). If approved, the ITP would be
for a 6-year period and would authorize the incidental take of an
endangered species, the Indiana bat, and a threatened species, the
northern long-eared bat. The applicant has prepared a habitat
conservation plan that describes the actions and measures that the
applicant would implement to avoid, minimize, and mitigate incidental
take of the Indiana bat and northern long-eared bat. We request public
comment on the application, which includes the applicant's proposed
habitat conservation plan (HCP), and on the Service's preliminary
determination that this HCP qualifies as ``low-effect,'' categorically
excluded under the National Environmental Policy Act. To make this
determination, we used our environmental action statement and low-
effect screening form, both of which are also able for public review.
[[Page 73798]]
DATES: We will accept comments received or postmarked on or before
January 27, 2022.
ADDRESSES: Document availability:
Electronic copies of the documents this notice announces, along
with public comments received, will be available online in Docket No.
FWS-R3-ES-2021-0139 at https://www.regulations.gov.
Comment submission: In your comment, please specify whether your
comment addresses the proposed HCP, draft environmental action
statement, or any combination of the aforementioned documents, or other
supporting documents. You may submit written comments by one of the
following methods:
Online: https://www.regulations.gov. Search for and submit
comments on Docket No. FWS-R3-ES-2021-0139.
By hard copy: Submit comments by U.S. mail to Public
Comments Processing, Attn: Docket No. FWS-R3-ES-2021-0139; U.S. Fish
and Wildlife Service; 5275 Leesburg Pike, MS: PRB/3W; Falls Church, VA
22041-3803.
FOR FURTHER INFORMATION CONTACT: Scott Pruitt, Field Supervisor,
Bloomington Ecological Services Field Office, U.S. Fish and Wildlife
Service, 620 South Walker Street, Bloomington, IN 47403; telephone:
812-334-4261, extension 214; or Andrew Horton, Regional HCP
Coordinator, U.S. Fish and Wildlife Service--Interior Region 3, 5600
American Blvd., West, Suite 990, Bloomington, MN 55437-1458; telephone:
612-713-5337.
Individuals who are hearing impaired or speech impaired may call
the Federal Relay Service at 1-800-877-8339 for TTY assistance.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service, have
received an application from Indiana Crossroads Wind Farm LLC
(applicant) for an incidental take permit (ITP) under the Endangered
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The
applicant requests the ITP to take the federally listed Indiana bat
(Myotis sodalis) and northern long-eared bat (Myotis septentrionalis)
incidental to the operation of 72 wind turbines with a total generating
capacity of 302 megawatt (MW) at the Indiana Crossroads Wind Farm in
White County, Indiana. While the ITP is for 6 years, the operational
life of most new wind energy facilities is thirty years and intensive
monitoring conducted during this permit term will inform the need for
future avoidance or a new long-term ITP for the remaining life of the
project that will comply with a new NEPA analysis and habitat
conservation plan (HCP). The applicant has prepared an HCP that
describes the actions and measures that the applicant would implement
to avoid, minimize, and mitigate incidental take of the covered species
for the first 6 years. We request public comment on the application,
which includes the applicant's proposed HCP, and on the Service's
preliminary determination that this HCP qualifies as ``low-effect,''
categorically excluded under the National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.). To make this determination, we used our
environmental action statement and low-effect screening form, both of
which are also able for public review.
Background
Section 9 of the ESA and its implementing regulations prohibit the
``take'' of animal species listed as endangered or threatened. Take is
defined under the ESA as to ``harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect [listed animal species,] or to attempt
to engage in any such conduct'' (16 U.S.C. 1532). However, under
section 10(a) of the ESA, we may issue permits to authorize incidental
take of listed species. ``Incidental take'' is defined by the ESA as
take that is incidental to, and not the purpose of, carrying out an
otherwise lawful activity (16 U.S.C. 1539). Regulations governing
incidental take permits for endangered and threatened species,
respectively, are found in the Code of Federal Regulations at 50 CFR
17.22 and 50 CFR 17.32.
Applicant's Proposed Project
The applicant requests a 6-year ITP to take the federally
endangered Indiana bat (Myotis sodalis) and threatened northern long-
eared bat (Myotis septentrionalis). The applicant determined that take
is reasonably certain to occur incidental to operation of 72 previously
constructed wind turbines in White County, Indiana, consisting of
approximately 32,763 acres of private land. The proposed conservation
strategy in the applicant's proposed HCP is designed to avoid,
minimize, and mitigate the impacts of the covered activity on the
covered species. The biological goals and objectives are to minimize
potential take of Indiana bats and northern long-eared bats through on-
site minimization measures and to provide habitat conservation measures
for Indiana bat and northern long-eared bat to offset any impacts from
operations of the project. The HCP provides on-site avoidance and
minimization measures, which include turbine operational adjustments.
The authorized level of take from the project is 18 Indiana bats and 18
northern long-eared bats over the 6-year permit duration. To offset the
impacts of the taking of the species, the applicant will implement one
or more of the following mitigation options: Purchase credits from an
approved conservation bank, contribute to an in-lieu fee mitigation
fund, implement permittee responsible mitigation project, or contribute
to a white-nose syndrome treatment fund.
National Environmental Policy Act
The issuance of an ITP is a Federal action that triggers the need
for compliance with NEPA. The Service has made a preliminary
determination that the applicant's project and the proposed mitigation
measures would individually and cumulatively have a minor or negligible
effect on the covered species and the environment. Therefore, we have
preliminarily concluded that the ITP for this project would qualify for
categorical exclusion, and the HCP would be low effect under our NEPA
regulations at 43 CFR 46.205 and 46.210. A low-effect HCP is one that
would result in (1) minor or negligible effects on federally listed,
proposed, and candidate species and their habitats; (2) minor or
negligible effects on other environmental values or resources; and (3)
impacts that, when considered together with the impacts of other past,
present, and reasonable foreseeable similarly situated projects, would
not result in significant cumulative effects to environmental values or
resources over time.
Next Steps
The Service will evaluate the application and the comments received
to determine whether the permit application meets the requirements of
section 10(a) of the ESA. We will also conduct an intra-Service
consultation pursuant to section 7 of the ESA to evaluate the effects
of the proposed take. After considering the above findings, we will
determine whether the permit issuance criteria of section 10(a)(l)(B)
of the ESA have been met. If met, the Service will issue the requested
ITP to the applicant.
Request for Public Comments
The Service invites comments and suggestions from all interested
parties on the proposed HCP and screening form during a 30-day public
comment period (see DATES). In particular, information and comments
regarding the following topics are requested:
[[Page 73799]]
1. Whether adaptive management, monitoring, and mitigation
provisions in the proposed HCP are sufficient;
2. The requested 6-year ITP term;>
3. Any threats to the Indiana bat and the northern long-eared bat
that may influence their populations over the life of the ITP that are
not addressed in the proposed HCP or screening form;
4. Any new information on white-nose syndrome effects on the
Indiana bat and the northern long-eared bat;
5. Whether or not the significance of the impact on various aspects
of the human environment has been adequately analyzed; and
6. Any other information pertinent to evaluating the effects of the
proposed action on the human environment, including those on the
Indiana bat and the northern long-eared bat.
Availability of Public Comments
You may submit comments by one of the methods shown under
ADDRESSES. We will post on https://regulations.gov all public comments
and information received electronically or via hardcopy. All comments
received, including names and addresses, will become part of the
administrative 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. 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 ESA (16 U.S.C.
1531 et seq.) and its implementing regulations (50 CFR 17.22) and the
NEPA (42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR
1500-1508 (2020); 43 CFR part 46).
Lori Nordstrom,
Assistant Regional Director, Ecological Services.
[FR Doc. 2021-28223 Filed 12-27-21; 8:45 am]
BILLING CODE 4333-15-P
