Draft Environmental Impact Statement for the Elliott State Research Forest Habitat Conservation Plan in Coos and Douglas Counties, OR, 69291-69294 [2022-24980]
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Federal Register / Vol. 87, No. 222 / Friday, November 18, 2022 / Notices
welcomes and is prepared to receive
calls from individuals who are deaf or
hard of hearing, as well as individuals
with speech and communication
disabilities. To learn more about how to
make an accessible telephone call,
please visit https://www.fcc.gov/
consumers/guides/telecommunicationsrelay-service-trs. Copies of available
documents submitted to OMB may be
obtained from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
chapter 35.
Jeffrey D. Little,
General Deputy Assistant Secretary, Office
of Housing.
[FR Doc. 2022–25144 Filed 11–17–22; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7056–N–38]
60-Day Notice of Proposed Information
Collection: Mortgage Insurance for
Cooperative and Condominium
Housing, OMB Control No.: 2502–0141
Office of the Assistant
Secretary for Housing–Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
SUMMARY:
DATES:
Comments Due Date: January 17,
2023.
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, REE, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. HUD welcomes and is
prepared to receive calls from
individuals who are deaf or hard of
hearing, as well as individuals with
speech and communication disabilities.
To learn more about how to make an
accessible telephone call, please visit
https://www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, REE, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email
Colette Pollard at Colette.Pollard@
hud.gov or telephone 202–402–3400.
This is not a toll-free number. HUD
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ADDRESSES:
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A. Overview of Information Collection
Title of Information Collection:
Mortgage Insurance for Cooperative and
Condominium Housing.
OMB Approval Number: 2502–0141.
OMB Expiration Date: November 30,
2020.
Type of Request: Reinstatement,
without change, of previously approved
collection for which approval has
expired.
Form Number: HUD–93201.
Description of the need for the
information and proposed use: The
information collected on the
‘‘Application for Mortgage Insurance for
Cooperative Housing’’ form is used to
analyze data, cost data, drawings, and
specifications to determine cooperative
or condominium project eligibility for
FHA mortgage insurance.
Respondents: 12.
Estimated Number of Respondents:
12.
Estimated Number of Responses: 12.
Frequency of Response: On Occasion.
Average Hours per Response: 2.
Total Estimated Burden: 24.
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.
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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. 3507.
Jeffrey D. Little,
General Deputy Assistant Secretary, Office
of Housing.
[FR Doc. 2022–25145 Filed 11–17–22; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R1–ES–2022–0029;
ES11140100000–234–FF01E0000]
Draft Environmental Impact Statement
for the Elliott State Research Forest
Habitat Conservation Plan in Coos and
Douglas Counties, OR
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; notice of
public meeting; request for comments.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (FWS) and the National
Marine Fisheries Service (NMFS)
(together, the Services), have received
two separate incidental take permit
(ITP) applications from the Oregon
Department of State Lands (ODSL;
applicant), associated with ODSL’s
Elliott State Research Forest habitat
conservation plan (HCP). The
applications, including the HCP, have
been submitted pursuant to the
Endangered Species Act. ODSL is
seeking authorization from the Services
for the incidental take of three species
(two under FWS jurisdiction, and one
under NMFS jurisdiction), expected to
result from research and management
activities on the Elliott State Forest in
Coos and Douglas Counties, Oregon. In
accordance with the National
Environmental Policy Act (NEPA), this
notice also announces the availability of
a draft environmental impact statement
(DEIS). FWS is the lead Federal agency
under NEPA, and NMFS is a
cooperating agency. We invite public
comments on the HCP and DEIS from
the public and Federal, Tribal, State,
and local governments.
DATES:
Submitting Comments: We will accept
online or hardcopy comments.
Hardcopy comments must be received
or postmarked on or before January 3,
2023. (See ADDRESSES.) Comments
submitted online at https://
www.regulations.gov/ must be received
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by 11:59 p.m. Eastern Time on January
3, 2023.
Virtual Public Meeting: FWS will hold
a virtual public meeting on December
13, 2022, from 2 to 3:30 p.m. Pacific
Time. For more information, see Public
Comments and Virtual Public Meeting
under SUPPLEMENTARY INFORMATION.
ADDRESSES:
Submitting Comments: You may
submit comments by one of the
following methods:
• Internet: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–R1–ES–2022–0029.
• U.S. Mail: Public Comments
Processing; Attn: Docket No. FWS–R1–
ES–2022–0029; U.S. Fish and Wildlife
Service Headquarters, MS: PRB/3W;
5275 Leesburg Pike, Falls Church, VA
22041–3803.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post online any
personal information that you provide.
We request that you submit comments
by only the methods above. For
additional information about submitting
comments, see Public Comments and
Virtual Public Meeting under
SUPPLEMENTARY INFORMATION.
Public Meeting: A link and access
instructions to the virtual meeting will
be posted to https://www.fws.gov/
project/elliott-state-research-foresthabitat-conservation-plan/ at least 1
week prior to the public meeting date.
Reviewing U.S. Environmental
Protection Agency (EPA) Comments on
the Draft HCP and DEIS: See EPA’s Role
in the EIS Process under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Shauna Everett, by telephone at 503–
231–6949, or by email at shauna_
everett@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
U.S. Fish and Wildlife Service (FWS),
have prepared a draft environmental
impact statement (DEIS) pursuant to the
requirements of the National
Environmental Policy Act of 1969, as
amended (NEPA; 42 U.S.C. 4321 et seq.)
to evaluate applications for incidental
take permits (ITPs) received on October
10, 2022, from the Oregon Department
of State Lands (ODSL; applicant). ODSL
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submitted two applications, one for two
species under FWS jurisdiction, and the
second application for one species
under National Marine Fisheries Service
(NMFS) jurisdiction. NMFS is a
cooperating agency under NEPA. In
support of the ITP applications, the
ODSL prepared the draft Elliott State
Research Forest Habitat Conservation
Plan (ESRF HCP), which, among other
components, specifies the impacts that
will likely result from the take of
covered species, describes the steps the
applicant will take to avoid, minimize,
and mitigate such impacts, and explains
the funding available to implement such
steps.
Background
Section 9 of the Endangered Species
Act (ESA; 16 U.S.C. 1531 et seq.)
prohibits ‘‘take’’ of fish and wildlife
species listed as endangered under
section 4 (16 U.S.C. 1538 and 16 U.S.C.
1533, respectively). The ESA
implementing regulations extend, under
certain circumstances, the prohibition of
take to threatened species (50 CFR
17.31). Under section 3 of the ESA, the
term ‘‘take’’ means to ‘‘harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or attempt to engage
in any such conduct’’ (16 U.S.C.
1532(19)). The term ‘‘harm’’ is defined
by FWS regulations as ‘‘an act which
actually kills or injures wildlife. Such
act may include significant habitat
modification or degradation where it
actually kills or injures wildlife by
significantly impairing essential
behavioral patterns, including breeding,
feeding, or sheltering’’ (50 CFR 17.3; see
50 CFR 222.102 for NMFS regulations).
Under section 10(a) of the ESA, the
Services may issue permits to authorize
incidental take of listed fish and
wildlife 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. Section 10(a)(1)(B) of the ESA
contains provisions for issuing ITPs to
non-Federal entities for the take of
endangered and threatened species,
provided the following criteria are met:
1. The taking will be incidental;
2. The applicant will, to the
maximum extent practicable, minimize
and mitigate the impact of such taking;
3. The applicant will ensure that
adequate funding for the plan will be
provided;
4. The taking will not appreciably
reduce the likelihood of the survival
and recovery of the species in the wild;
and
5. The applicant will carry out any
other measures that FWS (or NMFS)
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may require as being necessary or
appropriate for the purposes of the HCP.
Applicant’s Proposal
In accordance with the requirements
of the ESA, ODSL is requesting
authorization of incidental take of the
threatened northern spotted owl (Strix
occidentalis caurina), threatened
marbled murrelet (Brachyramphus
marmoratus), and threatened Oregon
Coast coho salmon (Oncorhynchus
kisutch) (together, the covered species),
each of which is known to occur in the
Elliott State Forest. Incidental take
permits for the northern spotted owl
and marbled murrelet fall under the
jurisdiction of FWS; incidental take
permits for the Oregon Coast coho
salmon fall under the jurisdiction of
NMFS.
ODSL is seeking incidental take
coverage for a variety of research and
management activities on the Elliott
State Forest, located in Coos and
Douglas Counties in southwestern
Oregon. The proposed covered activities
include forest research treatments,
timber removal, forest and species
research projects, supporting
management activities, supporting
infrastructure management, and
activities identified in the conservation
strategy and monitoring program that
may result in effects on covered species.
These activities are described further in
the draft HCP and in the DEIS. The
proposed permit term is 80 years.
The draft HCP and DEIS include
analyses of projected impacts to covered
species. ODSL anticipates that take of
northern spotted owl or murrelets is
likely to occur as a result of habitat loss
and modification. For this reason, and
because it is not practical to detect take
of individual northern spotted owls or
marbled murrelets, ODSL has
established modeled habitat units as a
surrogate for use in take estimates.
Similarly, to estimate take for Oregon
Coast coho salmon, ODSL established
surrogate habitat units based on the
proportion of each independent
population within the permit area and
the acres of projected harvest levels
within the watersheds that overlap with
each evolutionarily significant unit.
More details regarding ODSL’s
methodology for estimating and
quantifying take and related
conservation outcomes over time can be
found in the draft HCP.
Measures to minimize and mitigate
impacts on covered species are
described in the draft HCP for each
species as conservation measures and
conditions on covered activities, guided
by goals and objectives in the
conservation strategy of the HCP. ODSL
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would monitor implementation of these
measures for compliance and
effectiveness. Minimization and
mitigation measures are subject to
adaptive management to ensure their
effectiveness, and to ensure
achievement of the ESRF HCP’s
biological goals and objectives.
The ESRF HCP includes funding
information and assurances, monitoring
requirements, adaptive management,
and provisions for changed and
unforeseen circumstances to help
ensure conservation outcomes for the
covered species over the permit term.
Annual reports to the Services would
confirm the amount, type, and location
of impacts and mitigation, as well as the
status of monitoring, adaptive
management, changed circumstances,
and funding.
National Environmental Policy Act
Compliance
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Draft Environmental Impact Statement
The FWS, with input from NMFS as
a cooperating agency, prepared a draft
environmental impact statement (DEIS)
to evaluate the impacts of the proposed
ITP action on the human environment,
consistent with the purpose and goals of
NEPA (42 U.S.C. 4321 et seq.). This
DEIS was prepared pursuant to the
Council on Environmental Quality’s
implementing NEPA regulations at 40
CFR parts 1500–1508, which became
effective on May 20, 2022 (April 20,
2022, 87 FR 23453). The DEIS analyzes
the proposed action and a reasonable
range of alternatives to the proposed
action. The environmental
consequences of each alternative,
including the direct, indirect, and
cumulative effects, were analyzed to
determine if significant impacts to the
human environment would occur. Four
alternatives are analyzed in detail in the
DEIS.
Alternative 1—No-Action Alternative:
The Services would not issue incidental
take authorizations to ODSL, and ODSL
would not implement the HCP. ODSL’s
mandate to manage lands under its
jurisdiction with the objective of
obtaining the greatest benefit for the
people of the State, consistent with the
conservation of the resource under
sound techniques of land management,
would remain in place, and ODSL
would continue to be subject to the ESA
as well as other Federal, State, and local
requirements for any forest management
activities in the Elliott State Forest. The
No Action alternative assumes that
ODSL would manage the Elliott State
Forest for timber harvest using a take
avoidance approach to ESA compliance.
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Alternative 2—Proposed Action: The
Services would, in accordance with
applicable law, issue the requested ITPs
to ODSL for the incidental take of
covered species from covered activities
in the permit area and implementation
of the conservation strategy for a term of
80 years. ODSL would implement the
ESRF HCP and its conservation strategy,
including conditions on covered
activities, mitigation measures to offset
the impacts of the taking on covered
species, and monitoring and reporting
requirements. ODSL would provide
funding for HCP implementation.
Alternative 3—Increased
Conservation: The Services would, in
accordance with applicable law, issue
ITPs to ODSL with the same permit
area, permit term, covered species, and
monitoring and adaptive management
program as the proposed action. The
HCP’s covered activities and
conservation strategy would be
modified to allocate additional covered
species’ habitat and forest stands of a
certain age (≤80 years) to reserves;
expand protected riparian areas around
certain categories of streams, prohibit
harvest activities such as restoration
thinning on steep slopes and in stands
of a certain age (>65 years), and
implement additional conditions for
permanent new road miles and vacated
roads.
Alternative 4—Increased Harvest: The
Services would issue ITPs to ODSL with
the same permit area, covered activities,
covered species, permit term, and
monitoring and adaptive management
program as the proposed action. The
HCP’s research design would be
modified to eliminate reserve areas
located outside of occupied and
modeled potential marbled murrelet
habitat. In these areas, intensive and
extensive prescriptions would be
applied to stands under 65 years of age
as of 2020 and over 65 years of age as
of 2020, respectively. Protected riparian
areas would be reduced around certain
categories of streams and on the Lower
Millicoma River. Under this alternative,
the requirement for no net increase in
permanent road miles in certain
conservation areas would not apply.
EPA’s Role in the EIS Process
The EPA is charged under section 309
of the Clean Air Act with reviewing all
Federal agencies’ EISs and commenting
on the adequacy and acceptability of the
environmental impacts of proposed
actions. Under the CEQ NEPA
regulations, EPA is also responsible for
administering the EIS filing process.
EPA is publishing a notice in the
Federal Register announcing this DEIS.
The publication date of EPA’s notice of
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69293
availability is the official beginning of
the public comment period. EPA serves
as the repository (EIS database) for EISs
prepared by Federal agencies. You may
search for EPA comments on EISs, along
with EISs themselves, at https://
cdxapps.epa.gov/cdx-enepa-II/public/
action/eis/search.
Public Comments and Virtual Public
Meeting
Submitting Comments
You may submit your comments and
materials on the draft HCP and the DEIS
by one of the methods in ADDRESSES. We
specifically request information on the
following:
1. Biological information, analysis,
and relevant data concerning the
covered species, other wildlife, and
ecosystems.
2. Potential effects that the proposed
permit actions could have on the
covered species, and other endangered
or threatened species, and their habitats,
including the interaction of the effects
of the project with climate change and
other stressors.
3. Adequacy of the proposed actions
to minimize and mitigate the impact of
the taking on covered species, including
but not limited to conservation
measures, conditions on covered
activities, and adaptive management
procedures.
4. Potential effects that the proposed
permit action could have on other
aspects of the human environment,
including effects on plants and animals,
water resources, and aesthetic, historic,
cultural, economic, social,
environmental justice, climate change,
or health effects.
5. The alternatives analysis conducted
by FWS, including the alternatives
analyzed, the range of alternatives
analyzed, and the alternatives
considered but not analyzed in detail.
6. The presence of historic
properties—including archaeological
sites, buildings and structures, historic
events, sacred and traditional areas, and
other historic preservation concerns—in
the proposed permit area, which are
required to be considered in project
planning by the National Historic
Preservation Act.
7. Cumulative effects, which are
effects on the environment that result
from the incremental effects of the
action when added to the effects of
other past, present, and reasonably
foreseeable actions, as well as any
connected actions that are closely
related and should be discussed in the
same DEIS.
8. The alternatives, information, and
analyses submitted during the public
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Next Steps and Decision To Be Made
scoping period and the summary
thereof.
9. Other information relevant to the
ESRF HCP and its impacts on the
human environment.
Virtual Public Meeting
To provide for the wide attendance of
interested parties and help protect the
public from potential spread of the
COVID–19 virus, a virtual public
meeting will be conducted. See DATES
and ADDRESSES for the date and time of
the virtual public meeting. During the
virtual public meeting, ODSL and the
Services will present information
pertinent to the ESRF HCP and give the
public the opportunity to ask questions
about the draft HCP and DEIS. Oral
comments will not be accepted during
the meeting; written comments may be
submitted by the methods listed in
ADDRESSES.
Reasonable Accommodations
Persons needing reasonable
accommodations in order to participate
in the public meeting should contact the
Service’s Oregon Fish and Wildlife
Office as soon as possible, using one of
the methods listed in ADDRESSES. In
order to allow sufficient time to process
requests, please make contact at least 15
days before the public meeting.
Information regarding this proposed
action is available in alternative formats
upon request.
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Public Availability of Comments
You may submit your comments and
materials by one of the methods listed
in ADDRESSES. 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. 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.
Comments and materials we receive,
as well as references for supporting
documentation we used in preparing the
DEIS, will be available for public
inspection online in Docket No. FWS–
R1–ES–2022–0029 at https://
www.regulations.gov/ (see FOR FURTHER
INFORMATION CONTACT).
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After public review and comment, the
Services will evaluate the respective
permit applications, associated
documents, and any comments
received, to determine whether the
permit applications meet the
requirements of section 10(a)(1)(B) of
the ESA. The decisions will also be
informed by the data, analyses, and
findings in the EIS and public
comments received on the Draft EIS and
HCP. The Services will each document
their determinations independently in
an ESA section 10 findings document,
ESA section 7 biological opinion, and a
NEPA record of decision developed at
the conclusion of the ESA and NEPA
compliance processes. FWS expects to
submit a Final EIS for publication in the
Federal Register by June 2023. At least
30 days after the FEIS is published, we
expect that the Services will complete
records of decision on the requested
ITPs in accordance with applicable
timeframes established in 40 CFR
1506.11, and that the Services will issue
decisions on the requested ITPs. The
current estimate for the issuance of
records of decision is August 2023.
Authority
We provide this notice in accordance
with the requirements of section 10(c) of
the ESA (16 U.S.C. 1539(c)) and NEPA
and its implementing regulations (40
CFR 1503.1 and 1506.6).
Nanette Seto,
Acting Deputy Regional Director, U.S. Fish
and Wildlife Service.
[FR Doc. 2022–24980 Filed 11–17–22; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R6–ES–2014–0048;
FXES11140600000–234–FF06E22000]
Notice of Intent To Prepare a
Supplemental Environmental Impact
Statement for the R-Project
Transmission Line Revised Habitat
Conservation Plan, Nebraska
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent; virtual public
scoping meeting; request for comments.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (FWS), provide this
notice to open a public scoping period
and announce virtual public scoping
meetings, in accordance with
requirements of the National
Environmental Policy Act and its
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implementing regulations. The scoping
period is associated with the
preparation of a supplemental
environmental impact statement (SEIS)
to the February 2019 Final
Environmental Impact Statement on
Issuance of an Incidental Take Permit
and Implementation of a Habitat
Conservation Plan for the R-Project
Transmission Line. Nebraska Public
Power District (NPPD, applicant) is
preparing a revised habitat conservation
plan (HCP) in support of its anticipated
resubmission of an application for an
incidental take permit (ITP) under the
Endangered Species Act (ESA) for
activities it will undertake in
constructing, operating, and
maintaining a new transmission line
(known as the R-Project) in central
Nebraska. The SEIS will evaluate the
impacts on the human environment
related to the proposed issuance of the
ITP and implementation of the HCP,
including addressing the issues
identified by the U.S. District Court for
the District of Colorado in its remand of
the ITP that FWS issued June 12, 2019.
DATES:
Submitting Comments: We will accept
online or hardcopy comments.
Hardcopy comments must be received
or postmarked on or before December
19, 2022. (See ADDRESSES.) Comments
submitted online at https://
www.regulations.gov/ must be received
by 11:59 p.m. Eastern Time on
December 19, 2022.
Public Meetings: The FWS will hold
2 virtual public scoping meetings during
the scoping period at the following
times:
• December 8, 2022, at 10:00 a.m.
CST.
• December 8, 2022, at 6:30 p.m. CST.
Registration and information on the
virtual public meetings are available at
https://www.fws.gov/project/r-projecttransmission-line. Additionally, a
recording of a public scoping meeting
will be available for viewing by the
public online, at https://www.fws.gov/
project/r-project-transmission-line and
at the following locations:
• North Platte Public Library, 120 W
4th St., North Platte, NE 69101;
• Thomas County Library, 501 Main
St., Thedford, NE 69166;
• Taylor Public Library, 106 William
St., Taylor, NE 68879.
ADDRESSES:
Submitting Comments: You may
submit comments by one of the
following methods:
• Internet: https://
www.regulations.gov. Follow the
instructions for submitting comments
on FWS–R6–ES–2014–0048.
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]]>Agencies
[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Notices]
[Pages 69291-69294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24980]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R1-ES-2022-0029; ES11140100000-234-FF01E0000]
Draft Environmental Impact Statement for the Elliott State
Research Forest Habitat Conservation Plan in Coos and Douglas Counties,
OR
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; notice of public meeting; request for
comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (FWS) and the National
Marine Fisheries Service (NMFS) (together, the Services), have received
two separate incidental take permit (ITP) applications from the Oregon
Department of State Lands (ODSL; applicant), associated with ODSL's
Elliott State Research Forest habitat conservation plan (HCP). The
applications, including the HCP, have been submitted pursuant to the
Endangered Species Act. ODSL is seeking authorization from the Services
for the incidental take of three species (two under FWS jurisdiction,
and one under NMFS jurisdiction), expected to result from research and
management activities on the Elliott State Forest in Coos and Douglas
Counties, Oregon. In accordance with the National Environmental Policy
Act (NEPA), this notice also announces the availability of a draft
environmental impact statement (DEIS). FWS is the lead Federal agency
under NEPA, and NMFS is a cooperating agency. We invite public comments
on the HCP and DEIS from the public and Federal, Tribal, State, and
local governments.
DATES:
Submitting Comments: We will accept online or hardcopy comments.
Hardcopy comments must be received or postmarked on or before January
3, 2023. (See ADDRESSES.) Comments submitted online at https://www.regulations.gov/ must be received
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by 11:59 p.m. Eastern Time on January 3, 2023.
Virtual Public Meeting: FWS will hold a virtual public meeting on
December 13, 2022, from 2 to 3:30 p.m. Pacific Time. For more
information, see Public Comments and Virtual Public Meeting under
SUPPLEMENTARY INFORMATION.
ADDRESSES:
Submitting Comments: You may submit comments by one of the
following methods:
Internet: https://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R1-ES-2022-0029.
U.S. Mail: Public Comments Processing; Attn: Docket No.
FWS-R1-ES-2022-0029; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We will post all comments on https://www.regulations.gov. This
generally means that we will post online any personal information that
you provide. We request that you submit comments by only the methods
above. For additional information about submitting comments, see Public
Comments and Virtual Public Meeting under SUPPLEMENTARY INFORMATION.
Public Meeting: A link and access instructions to the virtual
meeting will be posted to https://www.fws.gov/project/elliott-state-research-forest-habitat-conservation-plan/ at least 1 week prior to the
public meeting date.
Reviewing U.S. Environmental Protection Agency (EPA) Comments on
the Draft HCP and DEIS: See EPA's Role in the EIS Process under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Shauna Everett, by telephone at 503-
231-6949, or by 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 U.S. Fish and Wildlife Service
(FWS), have prepared a draft environmental impact statement (DEIS)
pursuant to the requirements of the National Environmental Policy Act
of 1969, as amended (NEPA; 42 U.S.C. 4321 et seq.) to evaluate
applications for incidental take permits (ITPs) received on October 10,
2022, from the Oregon Department of State Lands (ODSL; applicant). ODSL
submitted two applications, one for two species under FWS jurisdiction,
and the second application for one species under National Marine
Fisheries Service (NMFS) jurisdiction. NMFS is a cooperating agency
under NEPA. In support of the ITP applications, the ODSL prepared the
draft Elliott State Research Forest Habitat Conservation Plan (ESRF
HCP), which, among other components, specifies the impacts that will
likely result from the take of covered species, describes the steps the
applicant will take to avoid, minimize, and mitigate such impacts, and
explains the funding available to implement such steps.
Background
Section 9 of the Endangered Species Act (ESA; 16 U.S.C. 1531 et
seq.) prohibits ``take'' of fish and wildlife species listed as
endangered under section 4 (16 U.S.C. 1538 and 16 U.S.C. 1533,
respectively). The ESA implementing regulations extend, under certain
circumstances, the prohibition of take to threatened species (50 CFR
17.31). Under section 3 of the ESA, the term ``take'' means to
``harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or attempt to engage in any such conduct'' (16 U.S.C.
1532(19)). The term ``harm'' is defined by FWS regulations as ``an act
which actually kills or injures wildlife. Such act may include
significant habitat modification or degradation where it actually kills
or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding, or sheltering'' (50 CFR 17.3;
see 50 CFR 222.102 for NMFS regulations).
Under section 10(a) of the ESA, the Services may issue permits to
authorize incidental take of listed fish and wildlife 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.
Section 10(a)(1)(B) of the ESA contains provisions for issuing ITPs to
non-Federal entities for the take of endangered and threatened species,
provided the following criteria are met:
1. The taking will be incidental;
2. The applicant will, to the maximum extent practicable, minimize
and mitigate the impact of such taking;
3. The applicant will ensure that adequate funding for the plan
will be provided;
4. The taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild; and
5. The applicant will carry out any other measures that FWS (or
NMFS) may require as being necessary or appropriate for the purposes of
the HCP.
Applicant's Proposal
In accordance with the requirements of the ESA, ODSL is requesting
authorization of incidental take of the threatened northern spotted owl
(Strix occidentalis caurina), threatened marbled murrelet
(Brachyramphus marmoratus), and threatened Oregon Coast coho salmon
(Oncorhynchus kisutch) (together, the covered species), each of which
is known to occur in the Elliott State Forest. Incidental take permits
for the northern spotted owl and marbled murrelet fall under the
jurisdiction of FWS; incidental take permits for the Oregon Coast coho
salmon fall under the jurisdiction of NMFS.
ODSL is seeking incidental take coverage for a variety of research
and management activities on the Elliott State Forest, located in Coos
and Douglas Counties in southwestern Oregon. The proposed covered
activities include forest research treatments, timber removal, forest
and species research projects, supporting management activities,
supporting infrastructure management, and activities identified in the
conservation strategy and monitoring program that may result in effects
on covered species. These activities are described further in the draft
HCP and in the DEIS. The proposed permit term is 80 years.
The draft HCP and DEIS include analyses of projected impacts to
covered species. ODSL anticipates that take of northern spotted owl or
murrelets is likely to occur as a result of habitat loss and
modification. For this reason, and because it is not practical to
detect take of individual northern spotted owls or marbled murrelets,
ODSL has established modeled habitat units as a surrogate for use in
take estimates. Similarly, to estimate take for Oregon Coast coho
salmon, ODSL established surrogate habitat units based on the
proportion of each independent population within the permit area and
the acres of projected harvest levels within the watersheds that
overlap with each evolutionarily significant unit. More details
regarding ODSL's methodology for estimating and quantifying take and
related conservation outcomes over time can be found in the draft HCP.
Measures to minimize and mitigate impacts on covered species are
described in the draft HCP for each species as conservation measures
and conditions on covered activities, guided by goals and objectives in
the conservation strategy of the HCP. ODSL
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would monitor implementation of these measures for compliance and
effectiveness. Minimization and mitigation measures are subject to
adaptive management to ensure their effectiveness, and to ensure
achievement of the ESRF HCP's biological goals and objectives.
The ESRF HCP includes funding information and assurances,
monitoring requirements, adaptive management, and provisions for
changed and unforeseen circumstances to help ensure conservation
outcomes for the covered species over the permit term. Annual reports
to the Services would confirm the amount, type, and location of impacts
and mitigation, as well as the status of monitoring, adaptive
management, changed circumstances, and funding.
National Environmental Policy Act Compliance
Draft Environmental Impact Statement
The FWS, with input from NMFS as a cooperating agency, prepared a
draft environmental impact statement (DEIS) to evaluate the impacts of
the proposed ITP action on the human environment, consistent with the
purpose and goals of NEPA (42 U.S.C. 4321 et seq.). This DEIS was
prepared pursuant to the Council on Environmental Quality's
implementing NEPA regulations at 40 CFR parts 1500-1508, which became
effective on May 20, 2022 (April 20, 2022, 87 FR 23453). The DEIS
analyzes the proposed action and a reasonable range of alternatives to
the proposed action. The environmental consequences of each
alternative, including the direct, indirect, and cumulative effects,
were analyzed to determine if significant impacts to the human
environment would occur. Four alternatives are analyzed in detail in
the DEIS.
Alternative 1--No-Action Alternative: The Services would not issue
incidental take authorizations to ODSL, and ODSL would not implement
the HCP. ODSL's mandate to manage lands under its jurisdiction with the
objective of obtaining the greatest benefit for the people of the
State, consistent with the conservation of the resource under sound
techniques of land management, would remain in place, and ODSL would
continue to be subject to the ESA as well as other Federal, State, and
local requirements for any forest management activities in the Elliott
State Forest. The No Action alternative assumes that ODSL would manage
the Elliott State Forest for timber harvest using a take avoidance
approach to ESA compliance.
Alternative 2--Proposed Action: The Services would, in accordance
with applicable law, issue the requested ITPs to ODSL for the
incidental take of covered species from covered activities in the
permit area and implementation of the conservation strategy for a term
of 80 years. ODSL would implement the ESRF HCP and its conservation
strategy, including conditions on covered activities, mitigation
measures to offset the impacts of the taking on covered species, and
monitoring and reporting requirements. ODSL would provide funding for
HCP implementation.
Alternative 3--Increased Conservation: The Services would, in
accordance with applicable law, issue ITPs to ODSL with the same permit
area, permit term, covered species, and monitoring and adaptive
management program as the proposed action. The HCP's covered activities
and conservation strategy would be modified to allocate additional
covered species' habitat and forest stands of a certain age (>80 years)
to reserves; expand protected riparian areas around certain categories
of streams, prohibit harvest activities such as restoration thinning on
steep slopes and in stands of a certain age (>65 years), and implement
additional conditions for permanent new road miles and vacated roads.
Alternative 4--Increased Harvest: The Services would issue ITPs to
ODSL with the same permit area, covered activities, covered species,
permit term, and monitoring and adaptive management program as the
proposed action. The HCP's research design would be modified to
eliminate reserve areas located outside of occupied and modeled
potential marbled murrelet habitat. In these areas, intensive and
extensive prescriptions would be applied to stands under 65 years of
age as of 2020 and over 65 years of age as of 2020, respectively.
Protected riparian areas would be reduced around certain categories of
streams and on the Lower Millicoma River. Under this alternative, the
requirement for no net increase in permanent road miles in certain
conservation areas would not apply.
EPA's Role in the EIS Process
The EPA is charged under section 309 of the Clean Air Act with
reviewing all Federal agencies' EISs and commenting on the adequacy and
acceptability of the environmental impacts of proposed actions. Under
the CEQ NEPA regulations, EPA is also responsible for administering the
EIS filing process. EPA is publishing a notice in the Federal Register
announcing this DEIS. The publication date of EPA's notice of
availability is the official beginning of the public comment period.
EPA serves as the repository (EIS database) for EISs prepared by
Federal agencies. You may search for EPA comments on EISs, along with
EISs themselves, at https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search.
Public Comments and Virtual Public Meeting
Submitting Comments
You may submit your comments and materials on the draft HCP and the
DEIS by one of the methods in ADDRESSES. We specifically request
information on the following:
1. Biological information, analysis, and relevant data concerning
the covered species, other wildlife, and ecosystems.
2. Potential effects that the proposed permit actions could have on
the covered species, and other endangered or threatened species, and
their habitats, including the interaction of the effects of the project
with climate change and other stressors.
3. Adequacy of the proposed actions to minimize and mitigate the
impact of the taking on covered species, including but not limited to
conservation measures, conditions on covered activities, and adaptive
management procedures.
4. Potential effects that the proposed permit action could have on
other aspects of the human environment, including effects on plants and
animals, water resources, and aesthetic, historic, cultural, economic,
social, environmental justice, climate change, or health effects.
5. The alternatives analysis conducted by FWS, including the
alternatives analyzed, the range of alternatives analyzed, and the
alternatives considered but not analyzed in detail.
6. The presence of historic properties--including archaeological
sites, buildings and structures, historic events, sacred and
traditional areas, and other historic preservation concerns--in the
proposed permit area, which are required to be considered in project
planning by the National Historic Preservation Act.
7. Cumulative effects, which are effects on the environment that
result from the incremental effects of the action when added to the
effects of other past, present, and reasonably foreseeable actions, as
well as any connected actions that are closely related and should be
discussed in the same DEIS.
8. The alternatives, information, and analyses submitted during the
public
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scoping period and the summary thereof.
9. Other information relevant to the ESRF HCP and its impacts on
the human environment.
Virtual Public Meeting
To provide for the wide attendance of interested parties and help
protect the public from potential spread of the COVID-19 virus, a
virtual public meeting will be conducted. See DATES and ADDRESSES for
the date and time of the virtual public meeting. During the virtual
public meeting, ODSL and the Services will present information
pertinent to the ESRF HCP and give the public the opportunity to ask
questions about the draft HCP and DEIS. Oral comments will not be
accepted during the meeting; written comments may be submitted by the
methods listed in ADDRESSES.
Reasonable Accommodations
Persons needing reasonable accommodations in order to participate
in the public meeting should contact the Service's Oregon Fish and
Wildlife Office as soon as possible, using one of the methods listed in
ADDRESSES. In order to allow sufficient time to process requests,
please make contact at least 15 days before the public meeting.
Information regarding this proposed action is available in alternative
formats upon request.
Public Availability of Comments
You may submit your comments and materials by one of the methods
listed in ADDRESSES. 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. 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.
Comments and materials we receive, as well as references for
supporting documentation we used in preparing the DEIS, will be
available for public inspection online in Docket No. FWS-R1-ES-2022-
0029 at https://www.regulations.gov/ (see FOR FURTHER INFORMATION
CONTACT).
Next Steps and Decision To Be Made
After public review and comment, the Services will evaluate the
respective permit applications, associated documents, and any comments
received, to determine whether the permit applications meet the
requirements of section 10(a)(1)(B) of the ESA. The decisions will also
be informed by the data, analyses, and findings in the EIS and public
comments received on the Draft EIS and HCP. The Services will each
document their determinations independently in an ESA section 10
findings document, ESA section 7 biological opinion, and a NEPA record
of decision developed at the conclusion of the ESA and NEPA compliance
processes. FWS expects to submit a Final EIS for publication in the
Federal Register by June 2023. At least 30 days after the FEIS is
published, we expect that the Services will complete records of
decision on the requested ITPs in accordance with applicable timeframes
established in 40 CFR 1506.11, and that the Services will issue
decisions on the requested ITPs. The current estimate for the issuance
of records of decision is August 2023.
Authority
We provide this notice in accordance with the requirements of
section 10(c) of the ESA (16 U.S.C. 1539(c)) and NEPA and its
implementing regulations (40 CFR 1503.1 and 1506.6).
Nanette Seto,
Acting Deputy Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-24980 Filed 11-17-22; 8:45 am]
BILLING CODE 4333-15-P
