Draft Habitat Conservation Plan and Draft Categorical Exclusion for the Santa Barbara County Distinct Population Segment of the California Tiger Salamander; Kelt Reservoir Project, Santa Barbara County, CA, 1400-1401 [2023-00291]

Download as PDF 1400 Federal Register / Vol. 88, No. 6 / Tuesday, January 10, 2023 / Notices Section A. Order of Succession INTER-AMERICAN FOUNDATION Subject to the provision of the Federal Vacancies Reform Act of 1998, during any period when, by reason of absence, disability, or vacancy in office, the Assistant Secretary for the Office of Fair Housing and Equal Opportunity is not available to exercise the powers or perform the duties of the Office of the Assistant Secretary for the Office of Fair Housing and Equal Opportunity, the following officials within the Office of Fair Housing and Equal Opportunity are hereby designated to exercise the powers and perform the duties of the Office, including the authority to waive regulations: (1) Principal Deputy Assistant Secretary; (2) General Deputy Assistant Secretary; (3) Deputy Assistant Secretary for Enforcement; (4) Deputy Assistant Secretary for Operations; (5) Deputy Assistant Secretary for Policy, Legislative Initiatives, and Outreach; (6) Associate Deputy Assistant Secretary for Enforcement Compliance; and (7) Executive Director for Field Operations. These officials shall perform the functions and duties of the Office in the order specified herein, and no official shall serve unless all the other officials, whose position titles precedes theirs in this order, are unable to act by reason of absence, disability, or vacancy in office. No individual who is serving in an office listed in an acting capacity shall, by virtue of so acting, act as Assistant Secretary for the Office of Fair Housing and Equal Opportunity pursuant to this Order. Sunshine Act Meetings khammond on DSKJM1Z7X2PROD with NOTICES Section D. Authority Superseded This Order of Succession supersedes any prior Orders of Succession for the Office of Fair Housing and Equal Opportunity, including the September 13, 2021, Amendment to the Order of Succession published in the Federal Register on November 29, 2011 (76 FR 73984). Authority: Section 7(d) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(d)). Adrianne Todman, Deputy Secretary of Housing and Urban Development. [FR Doc. 2023–00188 Filed 1–9–23; 8:45 am] BILLING CODE 4210–67–P VerDate Sep<11>2014 17:32 Jan 09, 2023 Jkt 259001 January 23, 2023, ET. 10:00 a.m.–12:00 p.m. PLACE: Via Zoom. STATUS: Meeting of the Board of Directors and Advisory Council, open to the public MATTERS TO BE CONSIDERED: D Call to Order and Welcome by Board Chair D Overview of Meeting Rules by Acting General Counsel D Approval of minutes from November 15, 2022 meeting D Introductory Remarks by President and CEO D Discussion on IAF’s Learning Agenda and Fellows relaunch D Discussion on Board Trip Logistics D Adjournment CONTACT PERSON FOR MORE INFORMATION: Nicole Stinson, Associate General Counsel, (202) 683–7117. For Dial-in Information Contact: Nicole Stinson, Associate General Counsel, (202) 683–7117. The Inter-American Foundation is holding this meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). TIME AND DATE: Nicole Stinson, Associate General Counsel. [FR Doc. 2023–00318 Filed 1–6–23; 11:15 am] BILLING CODE 7025–01–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R8–ES–2022–0149; FXES11140800000–223–FF08EVEN0] Draft Habitat Conservation Plan and Draft Categorical Exclusion for the Santa Barbara County Distinct Population Segment of the California Tiger Salamander; Kelt Reservoir Project, Santa Barbara County, CA Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. AGENCY: We, the U.S. Fish and Wildlife Service, announce the availability of a draft habitat conservation plan (HCP) and draft categorical exclusion (CatEx) for activities associated with an application for an incidental take permit (ITP) under the Endangered Species Act. The ITP would authorize take of the Santa Barbara County distinct population segment of the California tiger SUMMARY: PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 salamander incidental to activities associated with Golden State Water Company’s (applicant) Kelt Reservoir Project in Orcutt, Santa Barbara County, California. The applicant developed the draft HCP as part of their application for an ITP. The Service prepared a draft low-effect screening form and environmental action statement in accordance with the National Environmental Policy Act to evaluate the potential effects to the natural and human environment resulting from issuing an ITP to the applicant. We invite comments from the public and Federal, Tribal, State, and local governments. DATES: Written comments should be received on or before February 9, 2023. ADDRESSES: Obtaining Documents: You may obtain copies of the documents online in Docket No. FWS–R8–ES–2022–0149 at https://www.regulations.gov, or you may request copies of the documents by U.S. mail (below) or by email (see FOR FURTHER INFORMATION CONTACT). Submitting Written Comments: Please send us your written comments using one of the following methods: • Online: https:// www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS–R8–ES–2022–0149. • U.S. Mail: Public Comments Processing, Attn: Docket No. FWS–R8– ES–2022–0149; U.S. Fish and Wildlife Service; MS: PRB/3W, 5275 Leesburg Pike; Falls Church, VA 22041–3803. FOR FURTHER INFORMATION CONTACT: Joseph Brandt, Fish and Wildlife Biologist, by email at joseph_brandt@ fws.gov or via phone at (805) 677–3324. 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 (Service), announce the availability of a draft habitat conservation plan and draft loweffect screening form and environmental action statement for activities associated with an application for an incidental take permit under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The ITP would authorize take of the Santa Barbara County distinct population segment (DPS) of the California tiger salamander (Ambystoma californiense) incidental to activities E:\FR\FM\10JAN1.SGM 10JAN1 Federal Register / Vol. 88, No. 6 / Tuesday, January 10, 2023 / Notices khammond on DSKJM1Z7X2PROD with NOTICES associated with the construction of two water tanks over a 7.15-acre (ac) project site in Orcutt, Santa Barbara County, California. The project site incorporates a 1.3-mile waterline segment, two water tanks, and an existing staging area. The waterline segment will be constructed within an existing road and will not impact California tiger salamander upland or aquatic habitats. The water tanks will be constructed on 0.68 ac of undeveloped lands that support annual grasslands and coyote brush scrub. The water tank site supports suitable California tiger salamander upland habitat. The applicant developed the draft HCP as part of their application for an ITP. The Service prepared a draft low-effect screening form and environmental action statement in accordance with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) to evaluate the potential effects to the natural and human environment resulting from issuing an ITP to the applicant. We invite comments from the public and Federal, Tribal, State, and local governments on all of these documents. Background The Service listed the Santa Barbara County DPS of the California tiger salamander as endangered on September 21, 2000 (65 FR 57242). Section 9 of the ESA prohibits take of fish and wildlife species listed as endangered (16 U.S.C. 1538). Under the ESA, ‘‘take’’ is defined to include the following activities: ‘‘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). Under section 10(a)(1)(B) of the ESA (16 U.S.C. 1539(a)(1)(B)), we may issue permits to authorize take of listed fish and wildlife species that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing incidental take permits for endangered species are in the Code of Federal Regulations (CFR) at 50 CFR 17.22. Issuance of an ITP also must not jeopardize the existence of federally listed fish, wildlife, or plant species, pursuant to section 7 of the ESA and 50 CFR 402.02. The permittee would receive assurances under our ‘‘No Surprises’’ regulations (50 CFR 17.22(b)(5)). Proposed Activities The applicant has applied for a permit for incidental take of the Santa Barbara County DPS of the California tiger salamander. The take would occur in association with the construction of two VerDate Sep<11>2014 17:32 Jan 09, 2023 Jkt 259001 water tanks permanently impacting 0.68 ac in Orcutt, Santa Barbara County, California, over a 7.15-acre (ac) project site in Orcutt, Santa Barbara County, California. The project site incorporates a 1.3-mile waterline segment, two water tanks, and an existing staging area. The waterline segment will be constructed within an existing road and will not impact California tiger salamander upland or aquatic habitats. The water tanks will be constructed on 0.68 ac of undeveloped lands that support annual grasslands and coyote brush scrub that supports suitable California tiger salamander upland habitat. The HCP includes avoidance and minimization measures for the Santa Barbara County DPS of the California tiger salamander and mitigation for unavoidable loss of habitat. As mitigation, the applicant proposes to purchase credits from a Serviceapproved conservation bank. Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public view, we cannot guarantee that we will be able to do so. Authority We provide this notice under section 10(c) of the Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22), and National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6). Stephen Henry, Field Supervisor, Ventura Fish and Wildlife Office, Ventura, California. [FR Doc. 2023–00291 Filed 1–9–23; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [2231A2100DD/AAKC001030/ A0A501010.999900] HEARTH Act Approval of Miccosukee Tribe of Indians Leasing Ordinance Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 1401 The Bureau of Indian Affairs (BIA) approved the Miccosukee Tribe of Indians 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 agriculture, business, and wind and solar leases without further BIA approval. DATES: BIA issued the approval on December 23, 2022. FOR FURTHER INFORMATION CONTACT: 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: SUMMARY: 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 Miccosukee Tribe of Indians. 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 E:\FR\FM\10JAN1.SGM 10JAN1

Agencies

[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1400-1401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00291]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2022-0149; FXES11140800000-223-FF08EVEN0]


Draft Habitat Conservation Plan and Draft Categorical Exclusion 
for the Santa Barbara County Distinct Population Segment of the 
California Tiger Salamander; Kelt Reservoir Project, Santa Barbara 
County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of a draft habitat conservation plan (HCP) and draft 
categorical exclusion (CatEx) for activities associated with an 
application for an incidental take permit (ITP) under the Endangered 
Species Act. The ITP would authorize take of the Santa Barbara County 
distinct population segment of the California tiger salamander 
incidental to activities associated with Golden State Water Company's 
(applicant) Kelt Reservoir Project in Orcutt, Santa Barbara County, 
California. The applicant developed the draft HCP as part of their 
application for an ITP. The Service prepared a draft low-effect 
screening form and environmental action statement in accordance with 
the National Environmental Policy Act to evaluate the potential effects 
to the natural and human environment resulting from issuing an ITP to 
the applicant. We invite comments from the public and Federal, Tribal, 
State, and local governments.

DATES: Written comments should be received on or before February 9, 
2023.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents online 
in Docket No. FWS-R8-ES-2022-0149 at https://www.regulations.gov, or 
you may request copies of the documents by U.S. mail (below) or by 
email (see FOR FURTHER INFORMATION CONTACT).
    Submitting Written Comments: Please send us your written comments 
using one of the following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2022-0149.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2022-0149; U.S. Fish and Wildlife Service; MS: PRB/3W, 5275 
Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Joseph Brandt, Fish and Wildlife 
Biologist, by email at [email protected] or via phone at (805) 677-
3324. 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 
(Service), announce the availability of a draft habitat conservation 
plan and draft low-effect screening form and environmental action 
statement for activities associated with an application for an 
incidental take permit under section 10(a)(1)(B) of the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The ITP 
would authorize take of the Santa Barbara County distinct population 
segment (DPS) of the California tiger salamander (Ambystoma 
californiense) incidental to activities

[[Page 1401]]

associated with the construction of two water tanks over a 7.15-acre 
(ac) project site in Orcutt, Santa Barbara County, California. The 
project site incorporates a 1.3-mile waterline segment, two water 
tanks, and an existing staging area. The waterline segment will be 
constructed within an existing road and will not impact California 
tiger salamander upland or aquatic habitats. The water tanks will be 
constructed on 0.68 ac of undeveloped lands that support annual 
grasslands and coyote brush scrub. The water tank site supports 
suitable California tiger salamander upland habitat. The applicant 
developed the draft HCP as part of their application for an ITP. The 
Service prepared a draft low-effect screening form and environmental 
action statement in accordance with the National Environmental Policy 
Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) to evaluate the potential 
effects to the natural and human environment resulting from issuing an 
ITP to the applicant. We invite comments from the public and Federal, 
Tribal, State, and local governments on all of these documents.

Background

    The Service listed the Santa Barbara County DPS of the California 
tiger salamander as endangered on September 21, 2000 (65 FR 57242). 
Section 9 of the ESA prohibits take of fish and wildlife species listed 
as endangered (16 U.S.C. 1538). Under the ESA, ``take'' is defined to 
include the following activities: ``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). Under section 10(a)(1)(B) of 
the ESA (16 U.S.C. 1539(a)(1)(B)), we may issue permits to authorize 
take of listed fish and wildlife species that is incidental to, and not 
the purpose of, carrying out an otherwise lawful activity. Regulations 
governing incidental take permits for endangered species are in the 
Code of Federal Regulations (CFR) at 50 CFR 17.22. Issuance of an ITP 
also must not jeopardize the existence of federally listed fish, 
wildlife, or plant species, pursuant to section 7 of the ESA and 50 CFR 
402.02. The permittee would receive assurances under our ``No 
Surprises'' regulations (50 CFR 17.22(b)(5)).

Proposed Activities

    The applicant has applied for a permit for incidental take of the 
Santa Barbara County DPS of the California tiger salamander. The take 
would occur in association with the construction of two water tanks 
permanently impacting 0.68 ac in Orcutt, Santa Barbara County, 
California, over a 7.15-acre (ac) project site in Orcutt, Santa Barbara 
County, California. The project site incorporates a 1.3-mile waterline 
segment, two water tanks, and an existing staging area. The waterline 
segment will be constructed within an existing road and will not impact 
California tiger salamander upland or aquatic habitats. The water tanks 
will be constructed on 0.68 ac of undeveloped lands that support annual 
grasslands and coyote brush scrub that supports suitable California 
tiger salamander upland habitat.
    The HCP includes avoidance and minimization measures for the Santa 
Barbara County DPS of the California tiger salamander and mitigation 
for unavoidable loss of habitat. As mitigation, the applicant proposes 
to purchase credits from a Service-approved conservation bank.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment, including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public view, we cannot guarantee that we will be able 
to do so.

Authority

    We provide this notice under section 10(c) of the Endangered 
Species Act (16 U.S.C. 1531 et seq.) and its implementing regulations 
(50 CFR 17.22), and National Environmental Policy Act (42 U.S.C. 4321 
et seq.) and its implementing regulations (40 CFR 1506.6).

Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2023-00291 Filed 1-9-23; 8:45 am]
BILLING CODE 4333-15-P

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