Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole Skink; Polk County, FL; Categorical Exclusion, 56083-56084 [2022-19712]

Download as PDF Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices 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), announce receipt of an application from the Polk County, Florida (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 sand skink (Neoseps reynoldsi) and blue-tailed mole-skink (Eumeces egregius lividus) (skinks) incidental to the construction of improvements at an existing paved-road intersection in Polk County, Florida. We request public comment on the application, which includes the applicant’s 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 available for public review. jspears on DSK121TN23PROD with NOTICES Proposed Project The applicant requests a 5-year ITP to take skinks via the conversion of approximately 2.09 acres (ac) of occupied nesting, foraging, and sheltering skink habitat incidental to the construction of safety improvements at the intersection of County Road 547 and Orchid Drive/Holly Hill Road, within a 2.09-ac parcel at latitude 28.157638°, longitude –81.631621°, Polk County, Florida. The applicant proposes to mitigate for take of the skinks by purchasing credits equivalent to 4.19 ac of skink-occupied habitat from a Service-approved conservation bank. The Service would require the applicant to purchase the credits prior to engaging in any phase of the project. 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. Our Preliminary Determination The Service has made a preliminary determination that the applicant’s VerDate Sep<11>2014 17:30 Sep 12, 2022 Jkt 256001 project, including the installation of turn lanes and traffic signals at an existing paved roadway intersection, would individually and cumulatively have a minor or negligible effect on the skinks and the environment. Therefore, we have preliminarily concluded that the ITP for this project would qualify for categorical exclusion and that the HCP is 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 reasonably 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 to determine whether to issue the requested permit. 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 preceding and other matters, we will determine whether the permit issuance criteria of section 10(a)(1)(B) of the ESA have been met. If met, the Service will issue ITP number PER 0049071 to Polk County, Florida. Authority The Service provides this notice under section 10(c) of the ESA (16 U.S.C. 1531 et seq.) 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 and 43 CFR 46.305). Robert L. Carey, Division Manager, Environmental Review, Florida Ecological Services Office. [FR Doc. 2022–19708 Filed 9–12–22; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS–R4–ES–2022–0124; FXES11130400000–223–FF04EF4000] Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole Skink; Polk County, FL; Categorical Exclusion AGENCY: Fish and Wildlife Service, Interior. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 56083 Notice of availability; request for comments and information. ACTION: We, the Fish and Wildlife Service (Service), announce receipt of an application from Robbins Investment Company, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink and blue-tailed mole skink incidental to the construction and operation of a commercial development in Polk County, Florida. 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 available for public review. DATES: We must receive your written comments on or before October 13, 2022. ADDRESSES: Obtaining Documents: You may obtain copies of the documents online in Docket No. FWS–R4–ES–2022–0124, 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 one of the following methods: • Online: https:// www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS–R4–ES–2022–0124. • U.S. mail: Public Comments Processing, Attn: Docket No. FWS–R4– ES–2022–0124; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041–3803. FOR FURTHER INFORMATION CONTACT: Alfredo Begazo, by U.S. mail (see ADDRESSES), by telephone at 772–469– 4234 or via email at afredo_begazo@ 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), announce receipt of an application from Robbins Investment Company, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. SUMMARY: E:\FR\FM\13SEN1.SGM 13SEN1 56084 Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices 1531 et seq.). The applicant requests the ITP to take the federally listed sand skink (Neoseps reynoldsi) and bluetailed mole-skink (Eumeces egregius lividus) (skinks) incidental to the construction and operation of a commercial development in Polk County, Florida. We request public comment on the application, which includes the applicant’s 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 available for public review. Proposed Project The applicant requests a 5-year ITP to take skinks via the conversion of approximately 4.47 acres (ac) of occupied nesting, foraging, and sheltering skink habitat incidental to the construction of a commercial development on a 25.76-ac parcel in in Section 32, Township 26 South, Range 27 East, Polk County, Florida. The applicant proposes to mitigate for take of the skinks by purchasing credits equivalent to 9.2 ac of skink-occupied habitat from a Service-approved conservation bank. The Service would require the applicant to purchase the credits prior to engaging in any phase of the project. jspears on DSK121TN23PROD with NOTICES 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. Our Preliminary Determination The Service has made a preliminary determination that the applicant’s project—including the construction of multiple commercial buildings, driveway, parking space, green areas, stormwater pond, and associated infrastructure (e.g., electric, water, and sewer lines)—would individually and cumulatively have a minor or negligible effect on the skinks and the environment. Therefore, we have preliminarily concluded that the ITP for this project would qualify for categorical exclusion and that the HCP is 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 VerDate Sep<11>2014 17:30 Sep 12, 2022 Jkt 256001 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 reasonably 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 to determine whether to issue the requested permit. 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 preceding and other matters, we will determine whether the permit issuance criteria of section 10(a)(1)(B) of the ESA have been met. If met, the Service will issue ITP number PER 0050427 to Robbins Investment Company, LLC. Authority The Service provides this notice under section 10(c) of the ESA (16 U.S.C. 1531 et seq.) 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 and 43 CFR 46.305). Robert L. Carey, Division Manager, Environmental Review, Florida Ecological Services Office. [FR Doc. 2022–19712 Filed 9–12–22; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [223A2100DD/AAKC001030/ A0A501010.999900] HEARTH Act Approval of Pueblo of Laguna, New Mexico Business Leasing Ordinance Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: The Bureau of Indian Affairs (BIA) approved the Pueblo of Laguna Business Leasing Ordinance under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). With this approval, the Tribe is authorized to enter into business purpose leases without further BIA approval. DATES: BIA issued the approval on September 7, 2022. SUMMARY: PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 Ms. Carla Clark, Bureau of Indian Affairs, Division of Real Estate Services, 1001 Indian School Road NW, Albuquerque, NM 87104, carla.clark@bia.gov, (702) 484–3233. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Summary of the HEARTH Act The HEARTH Act makes a voluntary, alternative land leasing process available to Tribes, by amending the Indian Long-Term Leasing Act of 1955, 25 U.S.C. 415. The HEARTH Act authorizes Tribes to negotiate and enter into business leases of Tribal trust lands with a primary term of 25 years, and up to two renewal terms of 25 years each, without the approval of the Secretary of the Interior (Secretary). The HEARTH Act also authorizes Tribes to enter into leases for residential, recreational, religious or educational purposes for a primary term of up to 75 years without the approval of the Secretary. Participating Tribes develop Tribal Leasing regulations, including an environmental review process, and then must obtain the Secretary’s approval of those regulations prior to entering into leases. The HEARTH Act requires the Secretary to approve Tribal regulations if the Tribal regulations are consistent with the Department of the Interior’s (Department) leasing regulations at 25 CFR part 162 and provide for an environmental review process that meets requirements set forth in the HEARTH Act. This notice announces that the Secretary, through the Assistant Secretary—Indian Affairs, has approved the Tribal regulations for the Pueblo of Laguna, New Mexico. II. Federal Preemption of State and Local Taxes The Department’s regulations governing the surface leasing of trust and restricted Indian lands specify that, subject to applicable Federal law, permanent improvements on leased land, leasehold or possessory interests, and activities under the lease are not subject to State and local taxation and may be subject to taxation by the Indian Tribe with jurisdiction. See 25 CFR 162.017. As explained further in the preamble to the final regulations, the Federal government has a strong interest in promoting economic development, self-determination, and Tribal sovereignty. 77 FR 72440, 72447–48 (December 5, 2012). The principles supporting the Federal preemption of State law in the field of Indian leasing and the taxation of lease-related interests and activities applies with equal force to leases entered into under Tribal leasing regulations approved by E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Pages 56083-56084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19712]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2022-0124; FXES11130400000-223-FF04EF4000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole 
Skink; Polk County, FL; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments and information.

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

SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Robbins Investment Company, LLC (applicant) for 
an incidental take permit (ITP) under the Endangered Species Act. The 
applicant requests the ITP to take the federally listed sand skink and 
blue-tailed mole skink incidental to the construction and operation of 
a commercial development in Polk County, Florida. 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 available for public 
review.

DATES: We must receive your written comments on or before October 13, 
2022.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents online 
in Docket No. FWS-R4-ES-2022-0124, 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 one of the following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R4-ES-2022-0124.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2022-0124; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Alfredo Begazo, by U.S. mail (see 
ADDRESSES), by telephone at 772-469-4234 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), 
announce receipt of an application from Robbins Investment Company, LLC 
(applicant) for an incidental take permit (ITP) under the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C.

[[Page 56084]]

1531 et seq.). The applicant requests the ITP to take the federally 
listed sand skink (Neoseps reynoldsi) and blue-tailed mole-skink 
(Eumeces egregius lividus) (skinks) incidental to the construction and 
operation of a commercial development in Polk County, Florida. We 
request public comment on the application, which includes the 
applicant's 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 available for public 
review.

Proposed Project

    The applicant requests a 5-year ITP to take skinks via the 
conversion of approximately 4.47 acres (ac) of occupied nesting, 
foraging, and sheltering skink habitat incidental to the construction 
of a commercial development on a 25.76-ac parcel in in Section 32, 
Township 26 South, Range 27 East, Polk County, Florida. The applicant 
proposes to mitigate for take of the skinks by purchasing credits 
equivalent to 9.2 ac of skink-occupied habitat from a Service-approved 
conservation bank. The Service would require the applicant to purchase 
the credits prior to engaging in any phase of the project.

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.

Our Preliminary Determination

    The Service has made a preliminary determination that the 
applicant's project--including the construction of multiple commercial 
buildings, driveway, parking space, green areas, stormwater pond, and 
associated infrastructure (e.g., electric, water, and sewer lines)--
would individually and cumulatively have a minor or negligible effect 
on the skinks and the environment. Therefore, we have preliminarily 
concluded that the ITP for this project would qualify for categorical 
exclusion and that the HCP is 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 
reasonably 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 to 
determine whether to issue the requested permit. 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 
preceding and other matters, we will determine whether the permit 
issuance criteria of section 10(a)(1)(B) of the ESA have been met. If 
met, the Service will issue ITP number PER 0050427 to Robbins 
Investment Company, LLC.

Authority

    The Service provides this notice under section 10(c) of the ESA (16 
U.S.C. 1531 et seq.) 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 and 43 CFR 46.305).

Robert L. Carey,
Division Manager, Environmental Review, Florida Ecological Services 
Office.
[FR Doc. 2022-19712 Filed 9-12-22; 8:45 am]
BILLING CODE 4333-15-P

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