80 FR 47510 - Endangered and Threatened Wildlife and Plants; Enhancement of Survival Permit Application; Greater Sage-Grouse Candidate Conservation Agreement With Assurances for Smith Creek Ranch LTD

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 152 (August 7, 2015)

Page Range		47510-47511
FR Document		2015-19469

We, the U.S. Fish and Wildlife Service (Service), have received an application for an enhancement of survival permit (EOS) under the Endangered Species Act of 1973, as amended (ESA). The permit application includes a draft candidate conservation agreement with assurances (CCAA) between Smith Creek Ranch LTD and the Service for the greater sage-grouse on private rangelands in Churchill and Lander Counties, Nevada. We invite comments from all interested parties on the application, including the draft CCAA, and a draft environmental action statement (EAS) prepared pursuant to the requirements of the National Environmental Policy Act (NEPA).

Federal Register, Volume 80 Issue 152 (Friday, August 7, 2015)

[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Pages 47510-47511]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19469]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2015-N124: FF08ENVD00-FXES11130800000-156]


Endangered and Threatened Wildlife and Plants; Enhancement of 
Survival Permit Application; Greater Sage-Grouse Candidate Conservation 
Agreement With Assurances for Smith Creek Ranch LTD

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 an application for an enhancement of survival permit (EOS) 
under the Endangered Species Act of 1973, as amended (ESA). The permit 
application includes a draft candidate conservation agreement with 
assurances (CCAA) between Smith Creek Ranch LTD and the Service for the 
greater sage-grouse on private rangelands in Churchill and Lander 
Counties, Nevada. We invite comments from all interested parties on the 
application, including the draft CCAA, and a draft environmental action 
statement (EAS) prepared pursuant to the requirements of the National 
Environmental Policy Act (NEPA).

DATES: To ensure consideration, written comments must be received from 
interested parties no later than September 8, 2015.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods, and note that your information 
request or comments are in reference to the Smith Creek Ranch LTD CCAA.
    Internet: Documents may be viewed on the Internet at http://www.fws.gov/nevada.
    Email: [email protected]. Include ``Smith Creek Ranch CCAA'' in 
the subject line of the message or comments.
    U.S. Mail: U.S. Fish and Wildlife Service, Reno Fish and Wildlife 
Office, 1340 Financial Boulevard, Suite 234, Reno, NV 89502.
    Fax: 775-861-6301. Include ``Smith Creek Ranch CCAA'' in the 
subject line of the message or comments.
    In-Person Viewing or Pickup: Documents will be available for public 
inspection by appointment during normal business hours at the Reno Fish 
and Wildlife Office (address above).

FOR FURTHER INFORMATION CONTACT: Edward D. Koch, Field Supervisor, Reno 
Fish and Wildlife Office (see ADDRESSES); by telephone (775-861-6300), 
or by facsimile (775-861-6301). If you use a telecommunications device 
for the deaf (TDD), please call the Federal Information Relay Service 
at 800-877-8339.

SUPPLEMENTARY INFORMATION: We have received an application from Smith 
Creek Ranch LTD for an EOS permit under the ESA. The permit application 
includes a CCAA between the applicant and the Service for the greater 
sage-grouse (Centrocercus urophasianus) in Churchill and Lander 
Counties, Nevada. The Service and the applicant prepared the CCAA to 
provide the applicant with the opportunity to voluntarily conserve the 
greater sage-grouse and its habitat while carrying out ranch 
operations. We have made a preliminary determination that the proposed 
CCAA and permit issuance are eligible for categorical exclusion under 
NEPA. The basis for our preliminary determination is contained in an 
EAS. We invite comments from all interested parties on the application, 
including the CCAA and the EAS.

Background Information

    Private and other non-Federal property owners are encouraged to 
enter into CCAAs, in which they voluntarily undertake management 
activities on their properties to enhance, restore, or maintain habitat 
benefiting species that are proposed for listing under the ESA, 
candidates for listing, or species that may become candidates or 
proposed for listing. Through a CCAA and its associated EOS permit, the 
Service provides assurances to property owners that they will not be 
subjected to increased land use restrictions if the covered species 
become listed under the ESA in the future, provided the CCAA is being 
properly implemented and the EOS permit conditions are met. Application 
requirements and issuance criteria for EOS permits for CCAAs are found 
in the Code of Regulations (CFR) at 50 CFR 17.22(d) and 17.32 (d), 
respectively. See also our joint policy on CCAAs, which we published in 
the Federal Register with the Department of Commerce's National Oceanic 
and Atmospheric Administration, National Marine Fisheries Service (64 
FR 32726; June 17, 1999), as well as our revisions to that policy (69 
FR 24084; May 3, 2004).
    On March 23, 2010, the Service published a 12-month finding in the 
Federal Register (75 FR 13910) that the greater sage-grouse warrants 
listing under the ESA as threatened or endangered throughout is range, 
but this action was precluded by other higher priority listing actions. 
In anticipation of a future listing decision by the Service, the 
applicant requested assistance from the Service in developing a CCAA 
addressing the needs of the greater sage-grouse on lands owned in 
Churchill and Lander Counties, Nevada. Under the proposed CCAA, the 
applicant will address threats to the greater sage-grouse through 
implementation of conservation measures that are consistent with their 
land use activities and the CCAA. Through the issuance of an EOS 
permit, pursuant to section 10(a)(1)(A) of the ESA, the applicant would 
be authorized to incidentally take greater sage-grouse in the course of 
implementing the CCAA if the species becomes listed under the ESA in 
the future, as long as

[[Page 47511]]

the terms and conditions of the permit and the CCAA are followed.

Proposed Action

    The Service proposes to approve the CCAA and to issue an EOS 
permit, both with a term of 20 years, to Smith Creek Ranch LTD for 
incidental take of greater sage-grouse caused by covered activities, if 
permit issuance criteria are met. The area to be addressed under this 
proposed CCAA (i.e., covered lands) includes approximately 2,200 acres 
in Churchill and Lander Counties, Nevada. Greater sage-grouse currently 
use suitable habitat on the covered lands for nesting, early and late 
brood-rearing, and wintering. The proposed CCAA describes the threats 
to the greater sage-grouse that have been identified on the enrolled 
lands, and the conservation measures the applicant will implement to 
address these threats. Implementation of the conservation measures 
identified in the CCAA is expected to benefit the greater sage-grouse 
by (1) Maintaining tracts of unfragmented and undeveloped land; (2) 
managing weeds and invasive plant species; and (3) maintaining healthy, 
intact nesting, brood-rearing and wintering habitats. The CCAA has been 
developed in support of a EOS permit under section 10(a)(1)(A) of the 
ESA.
    Consistent with our CCAA Policy (64 FR 32726), the conservation 
goal of the proposed CCAA is to encourage enhancement and protection of 
greater sage-grouse habitat on non-Federal lands by either maintaining 
or modifying existing land uses so that they are consistent with the 
conservation needs of the greater sage-grouse. We can meet this 
conservation goal with the use of a CCAA by giving non-Federal 
landowners incentives to implement conservation measures, primarily 
through regulatory certainty concerning land-use restrictions that 
might otherwise apply should the greater sage-grouse become listed 
under the ESA.
    We have made a preliminary determination that the proposed CCAA and 
permit issuance are eligible for categorical exclusion under NEPA. The 
basis for our preliminary determination is contained in an EAS, which 
is available for public review (see ADDRESSES).

Public Comments

    We request data, comments, new information, or suggestions from the 
public, other concerned governmental agencies, the scientific 
community, Tribes, industry, or any other interested party on this 
notice. We particularly seek comments on the following: (1) Biological 
information concerning the greater sage-grouse; (2) relevant data 
concerning this species; (3) additional information concerning the 
range, distribution, population size, and population trends of the 
greater sage-grouse; (4) current or planned activities in the covered 
area and their possible impacts on the species; (5) identification of 
any other environmental issues that should be considered with regard to 
the proposed permit action; and (6) information regarding the adequacy 
of the CCAA pursuant to the requirements for permits at 50 CFR parts 13 
and 17.

Public Availability of Comments

    All comments and materials we receive become part of the public 
record associated with this action. Before including your address, 
phone number, email address, or other personal identifiable information 
(PII) in your comments, you should be aware that your entire comment--
including your PII--may be made publically available at any time. While 
you can ask us in your comment to withhold your PII from public review, 
we cannot guarantee we will be able to do so. Comments and materials we 
receive, as well as supporting documentation we used in preparing the 
draft EAS, will be available for public inspection by appointment, 
during normal business hours, at our Reno Fish and Wildlife Office (see 
ADDRESSES).

Next Steps

    We will evaluate the permit application, associated documents, and 
comments we receive to determine whether the permit application meets 
the requirements of section 10(a)(1)(A) of the ESA and NEPA and their 
implementing regulations. We will also evaluate whether issuance of an 
EOS permit would comply with section 7 of the ESA by conducting an 
intra-Service section 7 consultation on the proposed permit action. If 
we determine that all requirements are met, we will sign the proposed 
CCAA and issue an EOS permit under section 10(a)(1)(A) of the ESA to 
Smith Creek Ranch LTD for incidental take of greater sage-grouse that 
is likely to occur with implementation of the CCAA. We will not make 
our final decision until after the end of the 30-day public comment 
period, and we will fully consider all comments we receive during the 
public comment period.

Authority

    We provide this notice in accordance with the requirements of 
section 10(c) of the ESA (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C. 
4321 et seq.) and their implementing regulations (50 CFR 17.22 and 40 
CFR 1506.6, respectively).

Edward D. Koch,
Field Supervisor, Reno Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, Reno, Nevada.
[FR Doc. 2015-19469 Filed 8-6-15; 8:45 am]
BILLING CODE 4310-55-P

47510 Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices

15. The Federal Housing Administration survival permit (EOS) under the that the proposed CCAA and permit
has codified this provision in HUD Endangered Species Act of 1973, as issuance are eligible for categorical
regulations at 24 CFR 203.405(b) and 24 amended (ESA). The permit application exclusion under NEPA. The basis for
CFR 203.479(b). includes a draft candidate conservation our preliminary determination is
Section 221(g)(4) of the Act provides agreement with assurances (CCAA) contained in an EAS. We invite
that debentures issued pursuant to that between Smith Creek Ranch LTD and comments from all interested parties on
paragraph (with respect to the the Service for the greater sage-grouse the application, including the CCAA
assignment of an insured mortgage to on private rangelands in Churchill and and the EAS.
the Secretary) will bear interest at the Lander Counties, Nevada. We invite
Background Information
‘‘going Federal rate’’ in effect at the time comments from all interested parties on
the debentures are issued. The term the application, including the draft Private and other non-Federal
‘‘going Federal rate’’ is defined to mean CCAA, and a draft environmental action property owners are encouraged to enter
the interest rate that the Secretary of the statement (EAS) prepared pursuant to into CCAAs, in which they voluntarily
Treasury determines, pursuant to a the requirements of the National undertake management activities on
statutory formula based on the average Environmental Policy Act (NEPA). their properties to enhance, restore, or
yield on all outstanding marketable DATES: To ensure consideration, written maintain habitat benefiting species that
Treasury obligations of 8- to 12-year comments must be received from are proposed for listing under the ESA,
maturities, for the 6-month periods of interested parties no later than candidates for listing, or species that
January through June and July through September 8, 2015. may become candidates or proposed for
December of each year. Section 221(g)(4) ADDRESSES: To request further listing. Through a CCAA and its
is implemented in the HUD regulations information or submit written associated EOS permit, the Service
at 24 CFR 221.255 and 24 CFR 221.790. comments, please use one of the provides assurances to property owners
The Secretary of the Treasury has following methods, and note that your that they will not be subjected to
determined that the interest rate to be information request or comments are in increased land use restrictions if the
borne by debentures issued pursuant to reference to the Smith Creek Ranch LTD covered species become listed under the
section 221(g)(4) during the 6-month CCAA. ESA in the future, provided the CCAA
period beginning July 1, 2015, is 21⁄8 Internet: Documents may be viewed is being properly implemented and the
percent. on the Internet at http://www.fws.gov/ EOS permit conditions are met.
The subject matter of this notice falls nevada. Application requirements and issuance
within the categorical exemption from Email: marcy_haworth@fws.gov. criteria for EOS permits for CCAAs are
HUD’s environmental clearance Include ‘‘Smith Creek Ranch CCAA’’ in found in the Code of Regulations (CFR)
procedures set forth in 24 CFR the subject line of the message or at 50 CFR 17.22(d) and 17.32 (d),
50.19(c)(6). For that reason, no comments. respectively. See also our joint policy on
environmental finding has been U.S. Mail: U.S. Fish and Wildlife CCAAs, which we published in the
prepared for this notice. Service, Reno Fish and Wildlife Office, Federal Register with the Department of
Authority: Sections 211, 221, 224, National 1340 Financial Boulevard, Suite 234, Commerce’s National Oceanic and
Housing Act, 12 U.S.C. 1715b, 1715l, 1715o; Reno, NV 89502. Atmospheric Administration, National
Section 7(d), Department of HUD Act, 42 Fax: 775–861–6301. Include ‘‘Smith Marine Fisheries Service (64 FR 32726;
U.S.C. 3535(d). Creek Ranch CCAA’’ in the subject line June 17, 1999), as well as our revisions
Dated: July 23, 2015. of the message or comments. to that policy (69 FR 24084; May 3,
In-Person Viewing or Pickup: 2004).
Edward L. Golding,
Documents will be available for public On March 23, 2010, the Service
Principal Deputy Assistant Secretary for
inspection by appointment during published a 12-month finding in the
Housing.
normal business hours at the Reno Fish Federal Register (75 FR 13910) that the
[FR Doc. 2015–19391 Filed 8–6–15; 8:45 am]
and Wildlife Office (address above). greater sage-grouse warrants listing
BILLING CODE 4210–67–P
FOR FURTHER INFORMATION CONTACT: under the ESA as threatened or
Edward D. Koch, Field Supervisor, Reno endangered throughout is range, but this
Fish and Wildlife Office (see action was precluded by other higher
DEPARTMENT OF THE INTERIOR ADDRESSES); by telephone (775–861– priority listing actions. In anticipation
6300), or by facsimile (775–861–6301). of a future listing decision by the
Fish and Wildlife Service
If you use a telecommunications device Service, the applicant requested
[FWS–R8–ES–2015–N124: FF08ENVD00– for the deaf (TDD), please call the assistance from the Service in
FXES11130800000–156] Federal Information Relay Service at developing a CCAA addressing the
800–877–8339. needs of the greater sage-grouse on
Endangered and Threatened Wildlife
SUPPLEMENTARY INFORMATION: We have lands owned in Churchill and Lander
and Plants; Enhancement of Survival
received an application from Smith Counties, Nevada. Under the proposed
Permit Application; Greater Sage-
Creek Ranch LTD for an EOS permit CCAA, the applicant will address
Grouse Candidate Conservation
under the ESA. The permit application threats to the greater sage-grouse
Agreement With Assurances for Smith
includes a CCAA between the applicant through implementation of conservation
Creek Ranch LTD
and the Service for the greater sage- measures that are consistent with their
AGENCY: Fish and Wildlife Service, grouse (Centrocercus urophasianus) in land use activities and the CCAA.
tkelley on DSK3SPTVN1PROD with NOTICES

Interior. Churchill and Lander Counties, Nevada. Through the issuance of an EOS permit,
ACTION: Notice of availability; request The Service and the applicant prepared pursuant to section 10(a)(1)(A) of the
for comments. the CCAA to provide the applicant with ESA, the applicant would be authorized
the opportunity to voluntarily conserve to incidentally take greater sage-grouse
SUMMARY: We, the U.S. Fish and the greater sage-grouse and its habitat in the course of implementing the
Wildlife Service (Service), have received while carrying out ranch operations. We CCAA if the species becomes listed
an application for an enhancement of have made a preliminary determination under the ESA in the future, as long as

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Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices 47511

the terms and conditions of the permit Biological information concerning the implementing regulations (50 CFR 17.22
and the CCAA are followed. greater sage-grouse; (2) relevant data and 40 CFR 1506.6, respectively).
concerning this species; (3) additional
Proposed Action Edward D. Koch,
information concerning the range,
The Service proposes to approve the Field Supervisor, Reno Fish and Wildlife
distribution, population size, and
CCAA and to issue an EOS permit, both Office, U.S. Fish and Wildlife Service, Reno,
population trends of the greater sage- Nevada.
with a term of 20 years, to Smith Creek grouse; (4) current or planned activities
Ranch LTD for incidental take of greater [FR Doc. 2015–19469 Filed 8–6–15; 8:45 am]
in the covered area and their possible
sage-grouse caused by covered impacts on the species; (5) identification BILLING CODE 4310–55–P

activities, if permit issuance criteria are of any other environmental issues that
met. The area to be addressed under this should be considered with regard to the
proposed CCAA (i.e., covered lands) DEPARTMENT OF THE INTERIOR
proposed permit action; and (6)
includes approximately 2,200 acres in information regarding the adequacy of Geological Survey
Churchill and Lander Counties, Nevada. the CCAA pursuant to the requirements
Greater sage-grouse currently use for permits at 50 CFR parts 13 and 17. [GX15BA02EEW0200]
suitable habitat on the covered lands for
nesting, early and late brood-rearing, Public Availability of Comments Agency Information Collection
and wintering. The proposed CCAA All comments and materials we Activities: Request for Comments;
describes the threats to the greater sage- receive become part of the public record USA National Phenology Network—
grouse that have been identified on the associated with this action. Before The Nature’s Notebook Plant and
enrolled lands, and the conservation including your address, phone number, Animal Observing Program
measures the applicant will implement email address, or other personal AGENCY: U.S. Geological Survey (USGS),
to address these threats. Implementation identifiable information (PII) in your Interior.
of the conservation measures identified comments, you should be aware that ACTION: Notice of a revision of a
in the CCAA is expected to benefit the your entire comment—including your currently approved information
greater sage-grouse by (1) Maintaining PII—may be made publically available collection.
tracts of unfragmented and undeveloped at any time. While you can ask us in
land; (2) managing weeds and invasive your comment to withhold your PII SUMMARY: We (the U.S. Geological
plant species; and (3) maintaining from public review, we cannot Survey) will ask the Office of
healthy, intact nesting, brood-rearing guarantee we will be able to do so. Management and Budget (OMB) to
and wintering habitats. The CCAA has Comments and materials we receive, as approve the information collection (IC)
been developed in support of a EOS well as supporting documentation we described below. As required by the
permit under section 10(a)(1)(A) of the used in preparing the draft EAS, will be Paperwork Reduction Act (PRA) of
ESA. available for public inspection by 1995, and as part of our continuing
Consistent with our CCAA Policy (64 appointment, during normal business efforts to reduce paperwork and
FR 32726), the conservation goal of the hours, at our Reno Fish and Wildlife respondent burden, we invite the
proposed CCAA is to encourage Office (see ADDRESSES). general public and other Federal
enhancement and protection of greater agencies to take this opportunity to
sage-grouse habitat on non-Federal Next Steps comment on this IC. This collection is
lands by either maintaining or We will evaluate the permit scheduled to expire on January 31,
modifying existing land uses so that application, associated documents, and 2016.
they are consistent with the comments we receive to determine DATES: To ensure that your comments
conservation needs of the greater sage- whether the permit application meets are considered, we must receive them
grouse. We can meet this conservation the requirements of section 10(a)(1)(A) on or before October 6, 2015.
goal with the use of a CCAA by giving of the ESA and NEPA and their ADDRESSES: You may submit comments
non-Federal landowners incentives to implementing regulations. We will also on this information collection to the
implement conservation measures, evaluate whether issuance of an EOS Information Collection Clearance
primarily through regulatory certainty permit would comply with section 7 of Officer, U.S. Geological Survey, 12201
concerning land-use restrictions that the ESA by conducting an intra-Service Sunrise Valley Drive MS 807, Reston,
might otherwise apply should the section 7 consultation on the proposed VA 20192 (mail); (703) 648–7197 (fax);
greater sage-grouse become listed under permit action. If we determine that all or gs-info_collections@usgs.gov (email).
the ESA. requirements are met, we will sign the Please reference ‘Information Collection
We have made a preliminary proposed CCAA and issue an EOS 1028–0103, USA National Phenology
determination that the proposed CCAA permit under section 10(a)(1)(A) of the Network—The Nature’s Notebook Plant
and permit issuance are eligible for ESA to Smith Creek Ranch LTD for and Animal Observing Program’ in all
categorical exclusion under NEPA. The incidental take of greater sage-grouse correspondence.
basis for our preliminary determination that is likely to occur with
is contained in an EAS, which is implementation of the CCAA. We will FOR FURTHER INFORMATION CONTACT: Jake
available for public review (see not make our final decision until after Weltzin, U.S. Geological Survey, 1955
ADDRESSES). the end of the 30-day public comment East 6th Street, Tucson, AZ 85721
period, and we will fully consider all (mail); (520) 626–3821 (phone); or
Public Comments jweltzin@usgs.gov (email). You may also
comments we receive during the public
tkelley on DSK3SPTVN1PROD with NOTICES

We request data, comments, new comment period. find information about this ICR at
information, or suggestions from the www.reginfo.gov.
public, other concerned governmental Authority
SUPPLEMENTARY INFORMATION:
agencies, the scientific community, We provide this notice in accordance
Tribes, industry, or any other interested with the requirements of section 10(c) of I. Abstract
party on this notice. We particularly the ESA (16 U.S.C. 1531 et seq.) and The USA–NPN is a program
seek comments on the following: (1) NEPA (42 U.S.C. 4321 et seq.) and their sponsored by the USGS that uses

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Document Created: 2015-12-15 10:56:59
Document Modified: 2015-12-15 10:56:59

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for comments.
Dates		To ensure consideration, written comments must be received from interested parties no later than September 8, 2015.
Contact		Edward D. Koch, Field Supervisor, Reno
FR Citation		80 FR 47510

80 FR 47510 - Endangered and Threatened Wildlife and Plants; Enhancement of Survival Permit Application; Greater Sage-Grouse Candidate Conservation Agreement With Assurances for Smith Creek Ranch LTD

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 80, Issue 152 (August 7, 2015)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service