Notice of Availability; Draft Amendments to the Oil and Gas and Renewable (Wind and Solar) Energy, Power Line, and Communication Tower Habitat Conservation Plans for the Lesser Prairie-Chicken; Colorado, Kansas, New Mexico, Oklahoma and Texas, 3241-3243 [2025-00566]
Download as PDF
<![CDATA[
Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices
District in the future will be managed
according to the direction in this CCP
and associated EA and will be
incorporated into future revisions and
amendments.
Pre-planning for this CCP began in
2016 and three public scoping meetings
were conducted in February and March
2017 in Winnett, Roundup, and Laurel,
Montana. However, the planning
process stalled. On June 29, 2022, the
Service published a notice of intent in
the Federal Register announcing the
intent to reinitiate the planning process
to develop a CCP and EA for the District
(87 FR 38775). The Service received
comments from two individuals and
three organizations during the new
scoping comment period, which closed
on July 29, 2022. All comments were
shared with the planning team and
considered throughout the planning
process. Some of the valuable comments
focused on public opportunity, wildlife
resources, and livestock grazing.
Findings from public comments and
other information were used to develop
the proposed action for the District and
to analyze the management alternatives.
Background
khammond on DSK9W7S144PROD with NOTICES
Charles M. Russell Wetland
Management District
The District is located within the
Northern Great Plains in central and
southcentral Montana and is bounded
on the north by the Missouri River
Breaks and on the south by the Greater
Yellowstone Ecosystem. While it is part
of the Charles M. Russell NWR
Complex, the District is distinct from
the Charles M. Russell NWR in both
location and management direction. The
District includes wetlands with a mix of
grasses, rushes, and occasional
greasewood; areas of Ponderosa pine
woodlands; creek bottoms filled with
cottonwoods; coulees having a mix of
juniper, sagebrush, and deciduous
shrubs with grass components; and vast,
open, flat and rolling grassland hills
mixed with sagebrush in some areas.
Seasonal and temporary wetland basins
provide critical waterfowl and grassland
bird habitat for feeding and nesting. The
District also lies on the western edge of
the Central Flyway and near the eastern
edge of the Pacific Flyway. The core of
the District’s work is managing wetland
habitat to benefit waterfowl, wading
birds, and shorebirds.
National Environmental Policy Act
Compliance
This CCP is being developed in
accordance with the requirements of the
National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C.
VerDate Sep<11>2014
23:06 Jan 13, 2025
Jkt 265001
668dd-668ee), as amended by the
National Wildlife Refuge System
Improvement Act of 1997 (Improvement
Act; Pub. L. 105–57); the National
Environmental Policy Act of 1969, as
amended (NEPA; 42 U.S.C. 4321 et
seq.); other appropriate Federal laws
and regulations; and the policies and
procedures for compliance with those
laws and regulations.
Tribal Responsibilities
The Service has unique
responsibilities to Tribes, including
under the National Historic Preservation
Act (54 U.S.C. 306101 et seq.); the
American Indian Religious Freedom Act
(42 U.S.C. 1996); the Native American
Graves Protection and Repatriation Act
(25 U.S.C. 3001 et seq.); the Religious
Freedom Restoration Act of 1993 (42
U.S.C. 2000bb et seq.); Joint Secretarial
Order 3403, Fulfilling the Trust
Responsibility to Indian Tribes in the
Stewardship of Federal Lands and
Waters (Secretaries of Interior and
Agriculture; November 15, 2021);
Secretarial Order 3206, American Indian
Tribal Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act (Secretaries of Interior and
Agriculture; June 5, 1997); Executive
Order 13007, Indian Sacred Sites (61 FR
26771; May 29, 1996); and the Service’s
Native American Policy. We apply the
term ‘‘Tribal’’ or ‘‘Tribe(s)’’ generally to
federally recognized Tribes and Alaska
Native Tribal entities. We will refer to
Native Hawaiian Organizations
separately when we intend to include
those entities.
The Service will separately consult
with Tribes on the proposals set forth in
this CCP. We will also ensure that those
Tribes wishing to engage directly in the
planning process will have the
opportunity to do so. As part of this
process, we will protect the confidential
nature of any consultations and other
communications we have with Tribes,
to the extent permitted by the Freedom
of Information Act and other laws.
Review and Comment
At the end of the review and comment
period for the draft CCP, comments will
be analyzed by the Service and
addressed in the final CCP. All
information provided voluntarily by
mail, by phone, or at public meetings
(e.g., names, addresses, letters of
comment, input recorded during
meetings) becomes part of the official
public record. 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
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
3241
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, the
Service cannot guarantee we will be
able to do so.Authority
This notice is published under the
authority of the National Wildlife
Refuge System Improvement Act of
1997 (16 U.S.C. 668dd).
Matthew Hogan,
Regional Director, Mountain-Prairie Region.
[FR Doc. 2024–31631 Filed 1–13–25; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2024–0185; FXES
11140200000–256–FF02ENEH00]
Notice of Availability; Draft
Amendments to the Oil and Gas and
Renewable (Wind and Solar) Energy,
Power Line, and Communication
Tower Habitat Conservation Plans for
the Lesser Prairie-Chicken; Colorado,
Kansas, New Mexico, Oklahoma and
Texas
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have received
applications from LPC Conservation
LLC (applicant) for amended incidental
take permits (permits) supported by
proposed amendments to the ‘‘Oil and
Gas and Renewable (Wind and Solar)
Energy, Power Line, and
Communication Tower Habitat
Conservation Plans for the Lesser
Prairie-chicken; Colorado, Kansas, New
Mexico, Oklahoma and Texas’’ (HCPs).
With this notice, we announce the
availability for public comment of the
permit applications, the proposed HCP
amendments, and the draft
environmental assessments (EAs).
Currently, we are only accepting
comments on the amended portions of
the HCPs and EAs. We invite comments
from the public and Federal, Tribal,
State, and local governments.
DATES: We must receive your written
comments on or before February 13,
2025.
SUMMARY:
ADDRESSES:
Obtaining Documents: The documents
this notice announces, as well as any
comments and materials that we
receive, will be available for public
E:\FR\FM\14JAN1.SGM
14JAN1
khammond on DSK9W7S144PROD with NOTICES
3242
Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices
inspection online in Docket No. FWS–
R2–ES–2024–0185 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–R2–ES–2024–0185.
• U.S. mail: Public Comments
Processing; Attn: Docket No. FWS–R2–
ES–2024–0185; U.S. Fish and Wildlife
Service; MS: PRB/3W; 5275 Leesburg
Pike; Falls Church, VA 22041–3803.
FOR FURTHER INFORMATION CONTACT: Clay
Nichols, Lesser Prairie-Chicken
Coordinator, U.S. Fish and Wildlife
Service Ecological Services, Southwest
Regional Office; telephone 817–471–
6372. 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),
make available for public comment
applications submitted by LPC
Conservation LLC (applicant) for
amended incidental take permits
(permits) under section 10(a)(1)(B) of
the Endangered Species Act (ESA; 16
U.S.C. 1531 et seq.) supported by
proposed amendments to the ‘‘Oil and
Gas and Renewable (Wind and Solar)
Energy, Power Line, and
Communication Tower Habitat
Conservation Plan for the Lesser Prairiechicken; Colorado, Kansas, New
Mexico, Oklahoma and Texas’’ (HCPs)
and the associated draft environmental
assessments (EAs). If approved, the
requested amendments would expand
the plan areas of the HCPs to the north
to reflect updates to the lesser prairiechicken (Tympanuchus pallidicinctus;
LEPC) estimated occupied range (EOR)
made in 2022 by the Lesser PrairieChicken Interstate Working Group. By
expanding the HCP plan areas, the HCPs
would have the ability to provide LEPC
conservation, as well as incidental take
permit coverage for covered activities,
throughout the entire 2022 EOR
boundary.
Background
Section 9 of the ESA and our
implementing regulations at 50 CFR part
17 prohibit the ‘‘take’’ of fish or wildlife
species listed as endangered or
VerDate Sep<11>2014
22:42 Jan 13, 2025
Jkt 265001
threatened. Take is defined under the
ESA as to ‘‘harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or
collect listed animal species, or to
attempt to engage in such conduct’’ (16
U.S.C. 1538(19)). However, under
section 10(a) of the ESA, we may issue
permits to authorize incidental take of
listed species. ‘‘Incidental take’’ is
defined by the ESA as take that is
incidental to, and not the purpose of,
carrying out an otherwise lawful
activity. Regulations governing such
take of endangered and threatened
species are found at 50 CFR 17.21 and
17.22 and 50 CFR 17.31 and 17.32,
respectively.
Proposed Action
The proposed action is the issuance of
amended incidental take permits
(permits) under section 10(a)(1)(B) of
the ESA supported by proposed
amendments to the ‘‘Oil and Gas and
Renewable (Wind and Solar) Energy,
Power Line, and Communication Tower
Habitat Conservation Plan for the Lesser
Prairie-chicken; Colorado, Kansas, New
Mexico, Oklahoma and Texas’’ (HCPs)
to be consistent with changes in the
HCP plan areas, as well as other
administrative changes.
The HCPs were approved and
permitted by the Service on December 1,
2021 (Renewables HCP), and May 27,
2022 (Oil and Gas HCP). At the time of
approval and permit issuance, the plan
area for the HCPs was the 2013 LEPC
EOR boundary plus a 10-mile buffer. In
2022, after the Service’s approval of the
HCPs and issuance of the permits, the
Lesser Prairie-Chicken Interstate
Working Group revised the EOR of the
LEPC to expand the range boundaries
north and east to include LEPC
occurrence documented in Colorado
and to connect to the Kansas Shortgrass/
Conservation Reserve Program Mosaic.
The proposed amendments update the
HCPs and permit to incorporate the
revised EOR boundary and expand the
plan area boundaries in the HCPs
accordingly.
The proposed amendments include
updated text, figures, and captions
resulting from the update to the EOR
and plan area. In addition, the
amendments include updates to
terminology used in figure legends;
miscellaneous formatting, spelling, or
grammatical corrections; and updates to
the certificate of inclusion (CI)
application found in Appendix B of
each HCP. No changes are proposed to
the duration of the HCPs and associated
permits, covered activities, or original
incidental take estimates.
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
Alternatives
We are considering one alternative to
the proposed action as part of this
process, the no action alternative. Under
the no action alternative, the Service
would not approve the proposed
amendments and would not issue the
amended permits. In this case, the plan
areas for the HCPs would remain as
defined in the approved HCPs and
permits.
Next Steps
We will evaluate the permit
applications, proposed amendments,
draft EAs, and comments we receive to
determine whether the applications
meet the requirements of the ESA,
National Environmental Policy Act
(NEPA), and implementing regulations.
If we determine that all requirements
are met, we will approve the
amendments and issue the amended
permits under section 10(a)(1)(B) of the
ESA to the applicant, in accordance
with the terms of the HCPs and specific
terms and conditions of the authorizing
permits. We will not make our final
decision until after the 30-day comment
period ends and we have fully
considered all comments received
during the public comment period.
Public Availability of Comments
All comments we receive become part
of the public record associated with this
action. If you submit a comment at
https://www.regulations.gov, your entire
comment, including any personal
identifying information, will be posted
on the website. If you submit a
hardcopy comment that includes
personal identifying information, such
as your address, phone number, or
email address, 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 hardcopy
document to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so. Moreover, all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Authority
We provide this notice under the
authority of section 10(c) of the ESA and
its implementing regulations (50 CFR
17.22 and 17.32) and NEPA (42 U.S.C.
4321 et seq.) and its implementing
E:\FR\FM\14JAN1.SGM
14JAN1
Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices
regulations (40 CFR 1500 through 1508
and 43 CFR part 46).
Amy Lueders,
Regional Director, Southwest Region, U.S.
Fish and Wildlife Service.
[FR Doc. 2025–00566 Filed 1–13–25; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R4–ES–2024–0190;
FXES11140400000–256–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
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comment.
AGENCY:
We, the Fish and Wildlife
Service (Service), announce receipt of
an application from ADH Rollins Court,
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 (Plestiodon reynoldsi) and bluetailed mole skink (Eumeces egregius
lividus) incidental to the construction of
a residential 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 the proposed permitting action may
be eligible for a categorical exclusion
pursuant to the Council on
Environmental Quality’s National
Environmental Policy Act (NEPA)
regulations, the Department of the
Interior’s (DOI) NEPA regulations, and
the DOI Departmental Manual. To make
this preliminary determination, we
prepared a draft environmental action
statement and low-effect screening form,
both of which are also available for
public review. We invite comment from
the public and local, State, Tribal, and
Federal agencies.
DATES: We must receive your written
comments on or before February 13,
2025.
ADDRESSES:
Obtaining Documents: The documents
this notice announces, as well as any
comments and other materials that we
receive, will be available for public
inspection online in Docket No. FWS–
R4–ES–2024–0190 at https://
www.regulations.gov.
khammond on DSK9W7S144PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
22:42 Jan 13, 2025
Jkt 265001
3243
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–2024–0190.
• U.S. mail: Public Comments
Processing, Attn: Docket No. FWS–R4–
ES–2024–0190; U.S. Fish and Wildlife
Service, MS: PRB/3W, 5275 Leesburg
Pike, Falls Church, VA 22041–3803.
FOR FURTHER INFORMATION CONTACT: Al
Begazo, by U.S. mail (see ADDRESSES),
by telephone at 772–226–8134, or via
email at alfredo_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
ADH Rollins Court, LLC (applicant) for
an incidental take permit (ITP) under
the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.).
The applicant requests the ITP to take
the sand skink (Plestiodon reynoldsi)
and blue-tailed mole skink (Eumeces
egregius lividus) (skinks), federally
listed as threatened under the ESA,
incidental to the construction of a
residential development in Polk County,
Florida. We request public comment on
the application, which includes the
applicant’s habitat conservation plan
(HCP), and on the Service’s preliminary
determination that this proposed ITP
qualifies as low effect, and may qualify
for a categorical exclusion pursuant to
the Council on Environmental Quality’s
National Environmental Policy Act
(NEPA) regulations (40 CFR 1501.4), the
Department of the Interior’s (DOI) NEPA
regulations (43 CFR part 46), and the
DOI’s Departmental Manual (516 DM
8.5(C)(2)). To make this preliminary
determination, we prepared a draft
environmental action statement and
low-effect screening form, both of which
are also available for public review.
Parcels 27–27–11–735500–000140 and
27–27–11–734500–030300 within
Section 11, Township 27 South, Range
27 East, Polk County, Florida. The
applicant proposes to mitigate for take
of skinks through the purchase 10.92 ac
of conservation credits (in accordance
with the Service’s 2:1 mitigation ratio
guidelines) from a Service-authorized
conservation bank prior to engaging in
any phase of the project.
Proposed 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. If you submit a
The applicant requests a 5-year ITP to
take skinks via the conversion of
approximately 5.46 acres (ac) of
occupied nesting, foraging, and
sheltering skink habitat incidental to the
construction of a residential
development on 46 ac on Polk County
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
Our Preliminary Determination
The Service has made a preliminary
determination that the applicant’s
proposed project, including the
construction of a residential
development 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 human
environment. Therefore, we have
preliminarily determined that the
proposed ESA section 10(a)(1)(B) permit
would be a low-effect ITP that
individually or cumulatively would
have a minor effect on the skinks and
may qualify for application of a
categorical exclusion pursuant to the
Council on Environmental Quality’s
NEPA regulations, DOI’s NEPA
regulations, and the DOI Departmental
Manual. A low-effect ITP is one that
would result in (1) minor or
nonsignificant effects on species
covered in the HCP; (2) nonsignificant
effects on the human environment; and
(3) impacts that, when added together
with the impacts of other past, present,
and reasonably foreseeable actions,
would not result in significant
cumulative effects to the human
environment.
Next Steps
The Service will evaluate the
application and the comments to
determine whether to issue the
requested ITP. 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
PER11450292 to ADH Rollins Court,
LLC.
E:\FR\FM\14JAN1.SGM
14JAN1
]]>Agencies
[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Notices]
[Pages 3241-3243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00566]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2024-0185; FXES 11140200000-256-FF02ENEH00]
Notice of Availability; Draft Amendments to the Oil and Gas and
Renewable (Wind and Solar) Energy, Power Line, and Communication Tower
Habitat Conservation Plans for the Lesser Prairie-Chicken; Colorado,
Kansas, New Mexico, Oklahoma and Texas
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received applications from LPC Conservation LLC (applicant) for amended
incidental take permits (permits) supported by proposed amendments to
the ``Oil and Gas and Renewable (Wind and Solar) Energy, Power Line,
and Communication Tower Habitat Conservation Plans for the Lesser
Prairie-chicken; Colorado, Kansas, New Mexico, Oklahoma and Texas''
(HCPs). With this notice, we announce the availability for public
comment of the permit applications, the proposed HCP amendments, and
the draft environmental assessments (EAs). Currently, we are only
accepting comments on the amended portions of the HCPs and EAs. We
invite comments from the public and Federal, Tribal, State, and local
governments.
DATES: We must receive your written comments on or before February 13,
2025.
ADDRESSES:
Obtaining Documents: The documents this notice announces, as well
as any comments and materials that we receive, will be available for
public
[[Page 3242]]
inspection online in Docket No. FWS-R2-ES-2024-0185 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-R2-ES-2024-0185.
U.S. mail: Public Comments Processing; Attn: Docket No.
FWS-R2-ES-2024-0185; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275
Leesburg Pike; Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Clay Nichols, Lesser Prairie-Chicken
Coordinator, U.S. Fish and Wildlife Service Ecological Services,
Southwest Regional Office; telephone 817-471-6372. 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), make available for public comment applications submitted by
LPC Conservation LLC (applicant) for amended incidental take permits
(permits) under section 10(a)(1)(B) of the Endangered Species Act (ESA;
16 U.S.C. 1531 et seq.) supported by proposed amendments to the ``Oil
and Gas and Renewable (Wind and Solar) Energy, Power Line, and
Communication Tower Habitat Conservation Plan for the Lesser Prairie-
chicken; Colorado, Kansas, New Mexico, Oklahoma and Texas'' (HCPs) and
the associated draft environmental assessments (EAs). If approved, the
requested amendments would expand the plan areas of the HCPs to the
north to reflect updates to the lesser prairie-chicken (Tympanuchus
pallidicinctus; LEPC) estimated occupied range (EOR) made in 2022 by
the Lesser Prairie-Chicken Interstate Working Group. By expanding the
HCP plan areas, the HCPs would have the ability to provide LEPC
conservation, as well as incidental take permit coverage for covered
activities, throughout the entire 2022 EOR boundary.
Background
Section 9 of the ESA and our implementing regulations at 50 CFR
part 17 prohibit the ``take'' of fish or wildlife species listed as
endangered or threatened. Take is defined under the ESA as to ``harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect
listed animal species, or to attempt to engage in such conduct'' (16
U.S.C. 1538(19)). However, under section 10(a) of the ESA, we may issue
permits to authorize incidental take of listed species. ``Incidental
take'' is defined by the ESA as take that is incidental to, and not the
purpose of, carrying out an otherwise lawful activity. Regulations
governing such take of endangered and threatened species are found at
50 CFR 17.21 and 17.22 and 50 CFR 17.31 and 17.32, respectively.
Proposed Action
The proposed action is the issuance of amended incidental take
permits (permits) under section 10(a)(1)(B) of the ESA supported by
proposed amendments to the ``Oil and Gas and Renewable (Wind and Solar)
Energy, Power Line, and Communication Tower Habitat Conservation Plan
for the Lesser Prairie-chicken; Colorado, Kansas, New Mexico, Oklahoma
and Texas'' (HCPs) to be consistent with changes in the HCP plan areas,
as well as other administrative changes.
The HCPs were approved and permitted by the Service on December 1,
2021 (Renewables HCP), and May 27, 2022 (Oil and Gas HCP). At the time
of approval and permit issuance, the plan area for the HCPs was the
2013 LEPC EOR boundary plus a 10-mile buffer. In 2022, after the
Service's approval of the HCPs and issuance of the permits, the Lesser
Prairie-Chicken Interstate Working Group revised the EOR of the LEPC to
expand the range boundaries north and east to include LEPC occurrence
documented in Colorado and to connect to the Kansas Shortgrass/
Conservation Reserve Program Mosaic. The proposed amendments update the
HCPs and permit to incorporate the revised EOR boundary and expand the
plan area boundaries in the HCPs accordingly.
The proposed amendments include updated text, figures, and captions
resulting from the update to the EOR and plan area. In addition, the
amendments include updates to terminology used in figure legends;
miscellaneous formatting, spelling, or grammatical corrections; and
updates to the certificate of inclusion (CI) application found in
Appendix B of each HCP. No changes are proposed to the duration of the
HCPs and associated permits, covered activities, or original incidental
take estimates.
Alternatives
We are considering one alternative to the proposed action as part
of this process, the no action alternative. Under the no action
alternative, the Service would not approve the proposed amendments and
would not issue the amended permits. In this case, the plan areas for
the HCPs would remain as defined in the approved HCPs and permits.
Next Steps
We will evaluate the permit applications, proposed amendments,
draft EAs, and comments we receive to determine whether the
applications meet the requirements of the ESA, National Environmental
Policy Act (NEPA), and implementing regulations. If we determine that
all requirements are met, we will approve the amendments and issue the
amended permits under section 10(a)(1)(B) of the ESA to the applicant,
in accordance with the terms of the HCPs and specific terms and
conditions of the authorizing permits. We will not make our final
decision until after the 30-day comment period ends and we have fully
considered all comments received during the public comment period.
Public Availability of Comments
All comments we receive become part of the public record associated
with this action. If you submit a comment at https://www.regulations.gov, your entire comment, including any personal
identifying information, will be posted on the website. If you submit a
hardcopy comment that includes personal identifying information, such
as your address, phone number, or email address, 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 hardcopy document to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so. Moreover, all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, will be
made available for public disclosure in their entirety.
Authority
We provide this notice under the authority of section 10(c) of the
ESA and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA
(42 U.S.C. 4321 et seq.) and its implementing
[[Page 3243]]
regulations (40 CFR 1500 through 1508 and 43 CFR part 46).
Amy Lueders,
Regional Director, Southwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2025-00566 Filed 1-13-25; 8:45 am]
BILLING CODE 4333-15-P
