Safe Harbor Agreement and Enhancement of the Survival Permit for the Gopher Tortoise and Red-Cockaded Woodpecker, Covington County, MS; Categorical Exclusion, 10816-10817 [2022-04018]
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lotter on DSK11XQN23PROD with NOTICES1
10816
Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices
A. Overview of Information Collection
Title of Information Collection:
Multifamily Housing Mortgage and
Housing Assistance Restructuring
Program (Mark-to-Market).
OMB Approval Number: 2502–0533.
Type of Request: Extension of
currently approved collection.
Form Numbers: HUD–9624, HUD–
9625, OPG 3.1, OPG 3.2, OPG 3.3, OPG
3.4, OPG 4.1, OPG 4.2, OPG 4.3, OPG
4.4, OPG 4.7, OPG 4.8, OPG 4.10, OPG
4.11, OPG 4.12, OPG 5.4, OPG 5.5, OPG
6.5, OPG 7.4, OPG 7.6, OPG 7.8, OPG
7.11, OPG 7.12, OPG 7.13, OPG 7.14,
OPG 7.16, OPG 7.21, OPG 7.22, OPG
7.23, OPG 7.25, OPG 9.10, OPG 9.11,
OPG 11.1. In addition, the Post Mark-toMarket documents pending approval:
(1) Accommodation Agreement Debt
Assignment-TPA Post Restructuring, (2)
Assumption Modification of Use
Agreement, (3) Attachment 1:
Assumption Modification Use
Agreement—Term Extension—No M2M
Debt and Not QNP, (4) Attachment 2:
Subordinate Agreement—New
Financing to M2M, (5) Attachment 3:
Assuming of Use Agreement No Term
Extension, (6) Attachment 4:
Attachment 4—Modification of Use
Agreement (Term Extension—Not QNP),
(7) Attachment 5: Subordinate
Agreement-New and Existing Financing
to M2M Use Agreement, and (8) Release,
Assumption and Modification of
Accommodation Agreement.
Description of the need for the
information and proposed use: The
Mark-to-Market Program is authorized
under the Multifamily Assisted Housing
Reform and Affordability Act of 1997, as
modified and extended from time to
time, including by the Market-to-Market
Extension Act of 2001. The information
collection is required and will be used
to determine the eligibility of FHAinsured or formerly insured multifamily
properties for participation in the Markto-Market Program and the terms on
which such participation should occur
as well as to process eligible properties
from acceptance into the program
through closing of the mortgage
restructure in accordance with program
guidelines. The result of participation in
the program is the refinancing and
restructure of the property’s FHAinsured mortgage and, generally the
reduction of Section 8 rent payments
and establishment of adequately funded
accounts to fund required repair and
rehabilitation of the property.
Respondents: Contractors and
Tenants.
Estimated Number of Respondents:
60.
Estimated Number of Responses:
1,346.
VerDate Sep<11>2014
16:44 Feb 24, 2022
Jkt 256001
Frequency of Response: On occasion.
Average Hours per Response: 32.
Total Estimated Burdens: 1,912.
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.
Janet M. Golrick,
Acting, Chief of Staff for the Office of
Housing—Federal Housing Administration.
[FR Doc. 2022–03988 Filed 2–24–22; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R4–ES–2022–0017;
FXES11130400000–223–FF04EM1000]
Safe Harbor Agreement and
Enhancement of the Survival Permit
for the Gopher Tortoise and RedCockaded Woodpecker, Covington
County, MS; Categorical Exclusion
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comment and information.
AGENCY:
We, the Fish and Wildlife
Service (Service), have received a
written request from Dr. John S. Lambert
(applicant) to renew an enhancement of
survival permit TE 075424 (permit) for
an existing safe harbor agreement (SHA)
without change. The Service is making
the proposed permit renewal, which
SUMMARY:
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
includes the applicant’s proposed
updated SHA as well as the Service’s
draft environmental action statement
(EAS), available for public review and
comment.
DATES: We must receive your written
comments on or before March 28, 2022.
ADDRESSES:
Obtaining Documents: You may
obtain copies of the documents online
in Docket No. FWS–R4–ES–2022–0017
at https://www.regulations.gov.
Submitting Comments: If you wish to
submit comments on any of the
documents, you may do so in writing by
any of the following methods:
• Online: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–R4–ES–2022–0017.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: Docket No.
FWS–R4–ES–2022–0017; U.S. Fish and
Wildlife Service, MS: JAO/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
FOR FURTHER INFORMATION CONTACT: John
Tupy, by telephone at 601–321–1133, or
via email at john_tupy@fws.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: We, the
Fish and Wildlife Service (Service),
have received a written request from
John S. Lambert (applicant) to renew an
existing enhancement of survival permit
(TE 075424) (permit) for an additional
20 years beyond its current expiration
date. The Service and the applicant
have mutually agreed that no changes or
amendments would be made to the safe
harbor agreement (SHA). The existing
permit associated with the SHA was
issued on May 27, 2005, under the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.),
and is in effect until December 31, 2025.
Renewing the SHA is intended to
benefit the recovery of the federally
listed threatened gopher tortoise
(Gopherus polyphemus) and federally
listed endangered red-cockaded
woodpecker (Picoides borealis) on 754
acres (ac) of enrolled privately owned
lands in Covington County, Mississippi.
The Service is making the applicant’s
proposed updated SHA (October 1,
2021) and the Service’s draft
environmental action statement (EAS)
available for public review and
E:\FR\FM\25FEN1.SGM
25FEN1
Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
comment. The draft EAS supports the
Service’s preliminary determination that
the proposed permit renewal is eligible
for a categorical exclusion under the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4231 et seq.). To make
this determination, we used our EAS
and low-effect screening form, which
are also available for public review.
Background
Section 9 of the ESA prohibits the
take of fish and wildlife species listed
as endangered or threatened under
section 4 of the ESA. Under the ESA,
the term ‘‘take’’ means to harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to
engage in any such conduct (16 U.S.C.
1532(19)). The term ‘‘harm,’’ as defined
in our regulations, includes significant
habitat modification or degradation that
results in death or injury to listed
species by significantly impairing
essential behavioral patterns, including
breeding, feeding, or sheltering (50 CFR
17.3). The term ‘‘harass’’ is defined in
our regulations as an intentional or
negligent act or omission which creates
the likelihood of injury to wildlife
through annoyance to such an extent as
to significantly disrupt normal
behavioral patterns, which include, but
are not limited to, breeding, feeding, or
sheltering (50 CFR 17.3). Under
specified circumstances, however, we
may issue permits that authorize take of
federally listed species, provided the
take is incidental to, but not the purpose
of, an otherwise lawful activity.
Regulations governing permits for
threatened species are at 50 CFR 17.32.
Under a safe harbor agreement,
participating landowners voluntarily
undertake management activities on
their property to enhance, restore, or
maintain habitat benefiting species
listed under the ESA. SHAs and the
subsequent permits issued to
participating landowners pursuant to
section 10(a)(1)(A) of the ESA encourage
private and other non-Federal property
owners to implement conservation
actions for federally listed species. In
exchange for voluntarily undertaking
management activities, the landowners
are assured that they will not be
subjected to increased property-use
restrictions resulting from their efforts
to either attract listed species to their
property or to increase the numbers or
distribution of listed species already on
their property. Landowners may make
lawful use of their enrolled property
during the permit term and may
incidentally take the listed species
named on the permit. Application
requirements and issuance criteria for
permits associated with SHAs are found
VerDate Sep<11>2014
16:44 Feb 24, 2022
Jkt 256001
in the Code of Federal Regulations
(CFR) at 50 CFR 17.22(c) and 17.32(c).
As provided for in the Service’s final
Safe Harbor Policy (64 FR 32717; June
17, 1999), safe harbor agreements
provide assurances that allow the
property owner to alter or modify their
enrolled property, even if such
alteration or modification results in the
incidental take of a listed species, to
such an extent that the property is
returned back to the originally agreedupon baseline conditions. Private
landowners may voluntarily terminate a
safe harbor agreement at any time and
in accordance with 50 CFR 13.26. If this
occurs, landowners must relinquish the
associated enhancement of survival
permit pursuant to section 10(a)(1)(A) of
the ESA.
Safe Harbor Agreement
The private lands owned by the
applicant and enrolled under the
existing SHA and valid permit consist of
754 ac known as the Martin Branch
Woodlands, in Covington County,
Mississippi. The baseline established in
2005 was 57.3 ac of occupied gopher
tortoise habitat and 0 ac of occupied
red-cockaded woodpecker habitat.
Martin Branch Woodlands has been
managed and enhanced above baseline
since entering the SHA. The renewal of
the SHA contains no changes or
amendments to the SHA. Under the
SHA, the applicant will continue to
undertake the following habitat
maintenance and enhancement actions
intended to benefit the gopher tortoise
on the enrolled property: (1) Avoid
planting or regenerating pine trees in
dense stands with more than 400
surviving seedlings per acre; (2) mark
burrows prior to the operation of
vehicular mechanical equipment used
to thin and harvest timber for habitat
restoration; and (3) avoid running over
tortoises or collapsing burrows and
burying tortoises with heavy equipment
during timber harvest and related
activities.
The applicant’s voluntary forest and
habitat management plan for the
enrolled property will restore, enhance,
and increase habitat for the gopher
tortoise in all pine uplands with soils
suitable for the species on about 480 ac.
Three basic habitat conditions or
measures will be attained by this plan:
(1) Maintenance of basal areas at or
below 70 ft2/ac; (2) application of
frequent prescribed fire; and (3)
restoration of longleaf pine. The
applicant will maintain and restore
suitable nesting and foraging habitat for
at least one group of red-cockaded
woodpecker on the property. Currently,
PO 00000
Frm 00054
Fmt 4703
Sfmt 9990
10817
no red-cockaded woodpeckers inhabit
the property.
The landowner has met the
requirements set forth in the SHA and
is currently in compliance with the
conditions set forth in the permit. All
monitoring and reporting are up to date.
Under comment and review is the
request to renew the existing valid
permit associated with the SHA that
was issued May 27, 2005, under ESA,
and is in effect until December 31, 2025.
The applicant is requesting to extend
the permit period for an additional 20
years beyond its current expiration date.
National Environmental Policy Act
Compliance
The renewal of the permit is a Federal
action that triggers the need for
compliance with NEPA. The Service has
made a preliminary determination that
the proposed permit renewal is eligible
for categorical exclusion under NEPA,
based on the following criteria: (1)
Implementation of the SHA would
result in minor or negligible adverse
effects on federally listed, proposed, and
candidate species and their habitats; (2)
implementation of the SHA would
result in minor or negligible adverse
effects on other environmental values or
resources; and (3) impacts of the SHA,
considered together with the impacts of
other past, present, and reasonably
foreseeable similarly situated projects,
would not result, over time, in
cumulative adverse effects to
environmental values or resources that
would be considered significant. To
make this determination, we used our
EAS and low-effect screening form,
which are also available for public
review.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, be aware that your entire
comment—including your personal
identifying information—may be made
available to the public. While you may
request that we withhold your personal
identifying information, we cannot
guarantee that we will be able to do so.
Authority
The Service provides this notice
under section 10(c) (16 U.S.C. 1539(c))
of the ESA and NEPA regulations at 40
CFR 1506.6 and 43 CFR 46.305.
James Austin,
Acting Field Supervisor, Mississippi Field
Office, South Atlantic-Gulf & MississippiBasin Regions.
[FR Doc. 2022–04018 Filed 2–24–22; 8:45 am]
BILLING CODE 4333–15–P
E:\FR\FM\25FEN1.SGM
25FEN1
]]>Agencies
[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Notices]
[Pages 10816-10817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04018]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2022-0017; FXES11130400000-223-FF04EM1000]
Safe Harbor Agreement and Enhancement of the Survival Permit for
the Gopher Tortoise and Red-Cockaded Woodpecker, Covington County, MS;
Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment and information.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), have received a
written request from Dr. John S. Lambert (applicant) to renew an
enhancement of survival permit TE 075424 (permit) for an existing safe
harbor agreement (SHA) without change. The Service is making the
proposed permit renewal, which includes the applicant's proposed
updated SHA as well as the Service's draft environmental action
statement (EAS), available for public review and comment.
DATES: We must receive your written comments on or before March 28,
2022.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents online
in Docket No. FWS-R4-ES-2022-0017 at https://www.regulations.gov.
Submitting Comments: If you wish to submit comments on any of the
documents, you may do so in writing by any of the following methods:
Online: https://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R4-ES-2022-0017.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: Docket No. FWS-R4-ES-2022-0017; U.S. Fish and Wildlife Service,
MS: JAO/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: John Tupy, by telephone at 601-321-
1133, or via email at [email protected]. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service),
have received a written request from John S. Lambert (applicant) to
renew an existing enhancement of survival permit (TE 075424) (permit)
for an additional 20 years beyond its current expiration date. The
Service and the applicant have mutually agreed that no changes or
amendments would be made to the safe harbor agreement (SHA). The
existing permit associated with the SHA was issued on May 27, 2005,
under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C.
1531 et seq.), and is in effect until December 31, 2025. Renewing the
SHA is intended to benefit the recovery of the federally listed
threatened gopher tortoise (Gopherus polyphemus) and federally listed
endangered red-cockaded woodpecker (Picoides borealis) on 754 acres
(ac) of enrolled privately owned lands in Covington County,
Mississippi. The Service is making the applicant's proposed updated SHA
(October 1, 2021) and the Service's draft environmental action
statement (EAS) available for public review and
[[Page 10817]]
comment. The draft EAS supports the Service's preliminary determination
that the proposed permit renewal is eligible for a categorical
exclusion under the National Environmental Policy Act (NEPA; 42 U.S.C.
4231 et seq.). To make this determination, we used our EAS and low-
effect screening form, which are also available for public review.
Background
Section 9 of the ESA prohibits the take of fish and wildlife
species listed as endangered or threatened under section 4 of the ESA.
Under the ESA, the term ``take'' means to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect, or to attempt to engage
in any such conduct (16 U.S.C. 1532(19)). The term ``harm,'' as defined
in our regulations, includes significant habitat modification or
degradation that results in death or injury to listed species by
significantly impairing essential behavioral patterns, including
breeding, feeding, or sheltering (50 CFR 17.3). The term ``harass'' is
defined in our regulations as an intentional or negligent act or
omission which creates the likelihood of injury to wildlife through
annoyance to such an extent as to significantly disrupt normal
behavioral patterns, which include, but are not limited to, breeding,
feeding, or sheltering (50 CFR 17.3). Under specified circumstances,
however, we may issue permits that authorize take of federally listed
species, provided the take is incidental to, but not the purpose of, an
otherwise lawful activity. Regulations governing permits for threatened
species are at 50 CFR 17.32.
Under a safe harbor agreement, participating landowners voluntarily
undertake management activities on their property to enhance, restore,
or maintain habitat benefiting species listed under the ESA. SHAs and
the subsequent permits issued to participating landowners pursuant to
section 10(a)(1)(A) of the ESA encourage private and other non-Federal
property owners to implement conservation actions for federally listed
species. In exchange for voluntarily undertaking management activities,
the landowners are assured that they will not be subjected to increased
property-use restrictions resulting from their efforts to either
attract listed species to their property or to increase the numbers or
distribution of listed species already on their property. Landowners
may make lawful use of their enrolled property during the permit term
and may incidentally take the listed species named on the permit.
Application requirements and issuance criteria for permits associated
with SHAs are found in the Code of Federal Regulations (CFR) at 50 CFR
17.22(c) and 17.32(c). As provided for in the Service's final Safe
Harbor Policy (64 FR 32717; June 17, 1999), safe harbor agreements
provide assurances that allow the property owner to alter or modify
their enrolled property, even if such alteration or modification
results in the incidental take of a listed species, to such an extent
that the property is returned back to the originally agreed-upon
baseline conditions. Private landowners may voluntarily terminate a
safe harbor agreement at any time and in accordance with 50 CFR 13.26.
If this occurs, landowners must relinquish the associated enhancement
of survival permit pursuant to section 10(a)(1)(A) of the ESA.
Safe Harbor Agreement
The private lands owned by the applicant and enrolled under the
existing SHA and valid permit consist of 754 ac known as the Martin
Branch Woodlands, in Covington County, Mississippi. The baseline
established in 2005 was 57.3 ac of occupied gopher tortoise habitat and
0 ac of occupied red-cockaded woodpecker habitat. Martin Branch
Woodlands has been managed and enhanced above baseline since entering
the SHA. The renewal of the SHA contains no changes or amendments to
the SHA. Under the SHA, the applicant will continue to undertake the
following habitat maintenance and enhancement actions intended to
benefit the gopher tortoise on the enrolled property: (1) Avoid
planting or regenerating pine trees in dense stands with more than 400
surviving seedlings per acre; (2) mark burrows prior to the operation
of vehicular mechanical equipment used to thin and harvest timber for
habitat restoration; and (3) avoid running over tortoises or collapsing
burrows and burying tortoises with heavy equipment during timber
harvest and related activities.
The applicant's voluntary forest and habitat management plan for
the enrolled property will restore, enhance, and increase habitat for
the gopher tortoise in all pine uplands with soils suitable for the
species on about 480 ac. Three basic habitat conditions or measures
will be attained by this plan: (1) Maintenance of basal areas at or
below 70 ft\2\/ac; (2) application of frequent prescribed fire; and (3)
restoration of longleaf pine. The applicant will maintain and restore
suitable nesting and foraging habitat for at least one group of red-
cockaded woodpecker on the property. Currently, no red-cockaded
woodpeckers inhabit the property.
The landowner has met the requirements set forth in the SHA and is
currently in compliance with the conditions set forth in the permit.
All monitoring and reporting are up to date.
Under comment and review is the request to renew the existing valid
permit associated with the SHA that was issued May 27, 2005, under ESA,
and is in effect until December 31, 2025. The applicant is requesting
to extend the permit period for an additional 20 years beyond its
current expiration date.
National Environmental Policy Act Compliance
The renewal of the permit is a Federal action that triggers the
need for compliance with NEPA. The Service has made a preliminary
determination that the proposed permit renewal is eligible for
categorical exclusion under NEPA, based on the following criteria: (1)
Implementation of the SHA would result in minor or negligible adverse
effects on federally listed, proposed, and candidate species and their
habitats; (2) implementation of the SHA would result in minor or
negligible adverse effects on other environmental values or resources;
and (3) impacts of the SHA, considered together with the impacts of
other past, present, and reasonably foreseeable similarly situated
projects, would not result, over time, in cumulative adverse effects to
environmental values or resources that would be considered significant.
To make this determination, we used our EAS and low-effect screening
form, which are also available for public review.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, be aware that
your entire comment--including your personal identifying information--
may be made available to the public. While you may request that we
withhold your personal identifying information, we cannot guarantee
that we will be able to do so.
Authority
The Service provides this notice under section 10(c) (16 U.S.C.
1539(c)) of the ESA and NEPA regulations at 40 CFR 1506.6 and 43 CFR
46.305.
James Austin,
Acting Field Supervisor, Mississippi Field Office, South Atlantic-Gulf
& Mississippi-Basin Regions.
[FR Doc. 2022-04018 Filed 2-24-22; 8:45 am]
BILLING CODE 4333-15-P
