80 FR 51834 - Proposed Joint Programmatic Candidate Conservation Agreement With Assurances and Safe Harbor Agreement in the Saline, Caddo, and Ouachita River (Headwaters) Watersheds, Arkansas

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 165 (August 26, 2015)

Page Range		51834-51835
FR Document		2015-20960

This notice advises the public that the U.S. Fish and Wildlife Service's Arkansas Ecological Services Field Office (ARFO), the Arkansas Game and Fish Commission (AGFC), the U.S. Department of Agriculture--Natural Resources Conservation Service (NRCS), and The Nature Conservancy (TNC) have applied for enhancement of survival permits (permits) pursuant to the Endangered Species Act of 1973 (Act). The permit application includes a proposal (referred to as the ``agreement'') that combines a safe harbor agreement (SHA) for 5 endangered and threatened species and a candidate conservation agreement with assurances (CCAA) for 20 State species of concern. The term of the agreement would be 30 years. If approved, the agreement would allow the applicants to issue certificates of inclusion (CI) to eligible non-Federal landowners throughout the Saline, Caddo, and Ouachita River (Headwaters) Watersheds in Arkansas whose property owner management agreements (POMA) are approved. We invite public comments on these documents.

Federal Register, Volume 80 Issue 165 (Wednesday, August 26, 2015)

[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Notices]
[Pages 51834-51835]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20960]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2015-N139; FF04E00000-1115-0000 156]


Proposed Joint Programmatic Candidate Conservation Agreement With 
Assurances and Safe Harbor Agreement in the Saline, Caddo, and Ouachita 
River (Headwaters) Watersheds, Arkansas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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

SUMMARY: This notice advises the public that the U.S. Fish and Wildlife 
Service's Arkansas Ecological Services Field Office (ARFO), the 
Arkansas Game and Fish Commission (AGFC), the U.S. Department of 
Agriculture--Natural Resources Conservation Service (NRCS), and The 
Nature Conservancy (TNC) have applied for enhancement of survival 
permits (permits) pursuant to the Endangered Species Act of 1973 (Act). 
The permit application includes a proposal (referred to as the 
``agreement'') that combines a safe harbor agreement (SHA) for 5 
endangered and threatened species and a candidate conservation 
agreement with assurances (CCAA) for 20 State species of concern. The 
term of the agreement would be 30 years. If approved, the agreement 
would allow the applicants to issue certificates of inclusion (CI) to 
eligible non-Federal landowners throughout the Saline, Caddo, and 
Ouachita River (Headwaters) Watersheds in Arkansas whose property owner 
management agreements (POMA) are approved. We invite public comments on 
these documents.

DATES: We must receive any written comments at our Regional Office (see 
ADDRESSES) on or before September 25, 2015.

ADDRESSES: You may obtain a copy of the information available by 
contacting Melvin Tobin, Field Supervisor, Fish and Wildlife Service, 
Arkansas Ecological Services Field Office, 110 South Amity Road, Suite 
300, Conway, AR 72032. Documents are also available for public 
inspection by appointment during normal business hours at the Fish and 
Wildlife Service's Regional Office, 1875 Century Boulevard, Suite 200, 
Atlanta, GA 30345; or at the Arkansas Ecological Services Field Office, 
Fish and Wildlife Service, 110 Amity Road, Suite 300, Conway, AR 72032. 
Note that requests for any documents must be in writing to be 
processed. When you are requesting or commenting on the information 
provided in this notice, please reference ``Programmatic CCAA and SHA 
in the Saline, Caddo, and Ouachita Rivers'' in any correspondence.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Harris, At-Risk Species 
Coordinator, at the Regional Office (see ADDRESSES), telephone: 404-
679-7066; or Mr. Chris Davidson, Endangered Species Program Supervisor, 
at the Arkansas Field Office (see ADDRESSES), telephone: 501-513-4481.

SUPPLEMENTARY INFORMATION: 
    We announce the availability of the agreement, which covers the 
Arkansas fatmucket (Lampsilis powellii), pink mucket (Lampsilis 
abrupta), spectaclecase (Cumberlandia monodonta), and rabbitsfoot 
(Quadrula cylindrica cylindrica) mussels, and Harperella (Ptilmnium 
nodosum), a plant, and a candidate conservation agreement with 
assurances (CCAA) for 20 State species of concern (collectively 
``covered species'').

CCAAs and SHAs

    Under a CCAA, participating property owners voluntarily undertake 
management activities on their property to enhance, restore, or 
maintain habitat benefiting species that may warrant listing under the 
Act. CCAAs encourage private and other non-Federal property owners to 
implement conservation efforts for candidate and at-risk species by 
assuring property owners they will not be subjected to increased 
property use restrictions should the species become listed as 
threatened or endangered under the Act. Under a SHA, participating 
property owners voluntarily undertake management activities on their 
property to enhance, restore, or maintain habitat benefiting federally 
listed species under the Act. SHAs encourage private and other non-
Federal property owners to implement conservation efforts for federally 
listed species by assuring property owners they will not be subjected 
to increased property use restrictions under the Act. Application 
requirements and issuance criteria for SHAs and CCAAs are found in 50 
CFR 17.22(d) and 50 CFR 17.32(d), respectively. Because of the 
significant overlap between the covered species' habitat requirements 
and the anticipated beneficial effects from implementation of the 
voluntary conservation measures, we believe that it is appropriate to 
combine the CCAA/SHA components in a single agreement for consideration 
in this notice.

Parties' Agreement

    The Agreement describes conservation practices designed to protect 
and enhance streambed and bankside habitats for the benefit of the 
covered species on private or non-Federal public lands enrolled under 
the agreement. Enrolled landowners who implement these measures would 
receive assurances against take liability for the federally listed 
species, as well as for the covered species that might become federally 
listed in the future. Conservation land use practices will vary 
according to the needs of a particular enrolled landowner. Typical 
measures include controlling livestock access to streams; protection, 
enhancement, or restoration of streamside or in-stream habitats; 
species reintroduction to unoccupied suitable habitat; and other 
conservation measures that may be developed in the future.
    We specifically request information, views, and opinions from the 
public via this notice on our proposed Federal action, including our 
determination that the agreement, including its proposed conservation 
measures, would have minor or negligible effects on the covered 
species. Therefore, we have determined that the agreement is a ``low-
effect'' project and qualifies for categorical exclusion under the 
National Environmental Policy Act (NEPA; 42

[[Page 51835]]

U.S.C. 4321 et seq.) as provided by the Department of the Interior 
Manual (516 DM 2 Appendix 1 and 516 DM 6 Appendix 1). A low-effect 
project involves (1) minor or negligible effects on federally-listed or 
candidate species or their habitats, and (2) minor or negligible 
effects on other environmental values or resources. Further, we 
specifically solicit information regarding the adequacy of the 
agreement per 50 CFR parts 13 and 17.

Public 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 review, we cannot guarantee that we will be 
able to do so.
    If you wish to comment, you may submit comments by any one of 
several methods. Please reference TE 71956B or TE 71959B in such 
comments. You may mail comments to the Fish and Wildlife Service's 
Regional Office (see ADDRESSES). You may also comment via the internet 
to [email protected] or [email protected]. Please include your 
name and return address in your email message. If you do not receive a 
confirmation from us that we have received your email message, contact 
us directly at either telephone number listed under FOR FURTHER 
INFORMATION CONTACT.
    Finally, you may hand-deliver comments to either of our offices 
listed under ADDRESSES.

Covered Area

    The agreement covers approximately 439,792 acres of potentially 
eligible lands in the upper Saline River watershed; 412,556 acres of 
potentially eligible lands in the upper Ouachita River watershed; and 
235,010 acres of potentially eligible lands in the upper Caddo River 
watershed. Lands eligible to enroll in the agreement include any non-
Federal properties within the watershed of the upper Saline, Caddo, and 
Ouachita Rivers.

Next Steps

    We will evaluate the enhancement of survival permit application, 
including the agreement and any comments we receive, to determine 
whether the applications meet the requirements of section 10(a)(1)(A) 
of the Act. We will also evaluate whether the section 10(a)(1)(A) 
enhancement of survival permits would comply with section 7 of the Act 
by conducting an intra-Service section 7 consultation. If we determine 
that the requirements are met, we will issue a permit under section 
10(a)(1)(A) of the Act to the Applicants in accordance with the 
applicable regulatory requirements. We will not make our final decision 
until after the end of the 30-day comment period and will fully 
consider all comments received during the comment period.

Authority

    We provide this notice under section 10 of the Act (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: July 29, 2015.
Mike Oetker,
Deputy Regional Director.
[FR Doc. 2015-20960 Filed 8-25-15; 8:45 am]
BILLING CODE 4310-55-P

51834 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices

Parties for consideration at CoP17. We with assurances (CCAA) for 20 State listing under the Act. CCAAs encourage
will also publish an announcement of a species of concern. The term of the private and other non-Federal property
public meeting to be held approximately agreement would be 30 years. If owners to implement conservation
3 months prior to CoP17. That meeting approved, the agreement would allow efforts for candidate and at-risk species
will enable us to receive public input on the applicants to issue certificates of by assuring property owners they will
our positions regarding CoP17 issues. inclusion (CI) to eligible non-Federal not be subjected to increased property
The procedures for developing U.S. landowners throughout the Saline, use restrictions should the species
documents and negotiating positions for Caddo, and Ouachita River become listed as threatened or
a meeting of the Conference of the (Headwaters) Watersheds in Arkansas endangered under the Act. Under a
Parties to CITES are outlined in 50 CFR whose property owner management SHA, participating property owners
23.87. As noted in paragraph (c) of that agreements (POMA) are approved. We voluntarily undertake management
section, we may modify or suspend the invite public comments on these activities on their property to enhance,
procedures outlined there if they would documents. restore, or maintain habitat benefiting
interfere with the timely or appropriate DATES: We must receive any written federally listed species under the Act.
development of documents for comments at our Regional Office (see SHAs encourage private and other non-
submission to the CoP and of U.S. ADDRESSES) on or before September 25, Federal property owners to implement
negotiating positions. 2015. conservation efforts for federally listed
species by assuring property owners
Author ADDRESSES: You may obtain a copy of
they will not be subjected to increased
the information available by contacting
The primary author of this notice is property use restrictions under the Act.
Melvin Tobin, Field Supervisor, Fish
Patricia De Angelis, Ph.D., Division of Application requirements and issuance
and Wildlife Service, Arkansas
Scientific Authority, U.S. Fish and criteria for SHAs and CCAAs are found
Ecological Services Field Office, 110
Wildlife Service. in 50 CFR 17.22(d) and 50 CFR 17.32(d),
South Amity Road, Suite 300, Conway,
respectively. Because of the significant
Authority AR 72032. Documents are also available
overlap between the covered species’
The authority for this action is the for public inspection by appointment
habitat requirements and the anticipated
Endangered Species Act of 1973, as during normal business hours at the
beneficial effects from implementation
amended (16 U.S.C. 1531 et seq.). Fish and Wildlife Service’s Regional
of the voluntary conservation measures,
Office, 1875 Century Boulevard, Suite
Dated: August 17, 2015. we believe that it is appropriate to
200, Atlanta, GA 30345; or at the
Daniel M. Ashe, combine the CCAA/SHA components in
Arkansas Ecological Services Field
Director, U.S. Fish and Wildlife Service. a single agreement for consideration in
Office, Fish and Wildlife Service, 110 this notice.
[FR Doc. 2015–21033 Filed 8–24–15; 12:00 pm] Amity Road, Suite 300, Conway, AR
BILLING CODE 4310–55–P 72032. Note that requests for any Parties’ Agreement
documents must be in writing to be The Agreement describes
processed. When you are requesting or conservation practices designed to
DEPARTMENT OF THE INTERIOR commenting on the information protect and enhance streambed and
provided in this notice, please reference bankside habitats for the benefit of the
Fish and Wildlife Service ‘‘Programmatic CCAA and SHA in the covered species on private or non-
[FWS–R4–ES–2015–N139; FF04E00000– Saline, Caddo, and Ouachita Rivers’’ in Federal public lands enrolled under the
1115–0000 156] any correspondence. agreement. Enrolled landowners who
FOR FURTHER INFORMATION CONTACT: Mr. implement these measures would
Proposed Joint Programmatic Michael Harris, At-Risk Species receive assurances against take liability
Candidate Conservation Agreement Coordinator, at the Regional Office (see for the federally listed species, as well
With Assurances and Safe Harbor ADDRESSES), telephone: 404–679–7066; as for the covered species that might
Agreement in the Saline, Caddo, and or Mr. Chris Davidson, Endangered become federally listed in the future.
Ouachita River (Headwaters) Species Program Supervisor, at the Conservation land use practices will
Watersheds, Arkansas Arkansas Field Office (see ADDRESSES), vary according to the needs of a
AGENCY: Fish and Wildlife Service, telephone: 501–513–4481. particular enrolled landowner. Typical
Interior. SUPPLEMENTARY INFORMATION: measures include controlling livestock
ACTION: Notice. We announce the availability of the access to streams; protection,
agreement, which covers the Arkansas enhancement, or restoration of
SUMMARY: This notice advises the public fatmucket (Lampsilis powellii), pink streamside or in-stream habitats; species
that the U.S. Fish and Wildlife Service’s mucket (Lampsilis abrupta), reintroduction to unoccupied suitable
Arkansas Ecological Services Field spectaclecase (Cumberlandia habitat; and other conservation
Office (ARFO), the Arkansas Game and monodonta), and rabbitsfoot (Quadrula measures that may be developed in the
Fish Commission (AGFC), the U.S. cylindrica cylindrica) mussels, and future.
Department of Agriculture—Natural Harperella (Ptilmnium nodosum), a We specifically request information,
Resources Conservation Service (NRCS), plant, and a candidate conservation views, and opinions from the public via
and The Nature Conservancy (TNC) agreement with assurances (CCAA) for this notice on our proposed Federal
have applied for enhancement of 20 State species of concern (collectively action, including our determination that
survival permits (permits) pursuant to ‘‘covered species’’). the agreement, including its proposed
rmajette on DSK7SPTVN1PROD with NOTICES

the Endangered Species Act of 1973 conservation measures, would have
(Act). The permit application includes a CCAAs and SHAs minor or negligible effects on the
proposal (referred to as the Under a CCAA, participating property covered species. Therefore, we have
‘‘agreement’’) that combines a safe owners voluntarily undertake determined that the agreement is a
harbor agreement (SHA) for 5 management activities on their property ‘‘low-effect’’ project and qualifies for
endangered and threatened species and to enhance, restore, or maintain habitat categorical exclusion under the National
a candidate conservation agreement benefiting species that may warrant Environmental Policy Act (NEPA; 42

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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices 51835

U.S.C. 4321 et seq.) as provided by the 10(a)(1)(A) enhancement of survival educational purposes for a primary term
Department of the Interior Manual (516 permits would comply with section 7 of of up to 75 years without the approval
DM 2 Appendix 1 and 516 DM 6 the Act by conducting an intra-Service of the Secretary. Participating tribes
Appendix 1). A low-effect project section 7 consultation. If we determine develop tribal leasing regulations,
involves (1) minor or negligible effects that the requirements are met, we will including an environmental review
on federally-listed or candidate species issue a permit under section 10(a)(1)(A) process, and then must obtain the
or their habitats, and (2) minor or of the Act to the Applicants in Secretary’s approval of those regulations
negligible effects on other accordance with the applicable prior to entering into leases. The Act
environmental values or resources. regulatory requirements. We will not requires the Secretary to approve tribal
Further, we specifically solicit make our final decision until after the regulations if the tribal regulations are
information regarding the adequacy of end of the 30-day comment period and consistent with the Department’s leasing
the agreement per 50 CFR parts 13 and will fully consider all comments regulations at 25 CFR part 162 and
17. received during the comment period. provide for an environmental review
process that meets requirements set
Public Comments Authority forth in the Act. This notice announces
Before including your address, phone We provide this notice under section that the Secretary, through the Assistant
number, email address, or other 10 of the Act (16 U.S.C. 1531 et seq.) Secretary—Indian Affairs, has approved
personal identifying information in your and NEPA regulations (40 CFR 1506.6). the tribal regulations for the Squaxin
comment, you should be aware that Dated: July 29, 2015. Island Tribe.
your entire comment—including your
Mike Oetker, II. Federal Preemption of State and
personal identifying information—may
Deputy Regional Director. Local Taxes
be made publicly available at any time.
While you can ask us in your comment [FR Doc. 2015–20960 Filed 8–25–15; 8:45 am] The Department’s regulations
to withhold your personal identifying BILLING CODE 4310–55–P governing the surface leasing of trust
information from public review, we and restricted Indian lands specify that,
cannot guarantee that we will be able to subject to applicable Federal law,
do so. DEPARTMENT OF THE INTERIOR permanent improvements on leased
If you wish to comment, you may land, leasehold or possessory interests,
submit comments by any one of several Bureau of Indian Affairs and activities under the lease are not
methods. Please reference TE 71956B or [156A2100DD/AAKC001030/ subject to State and local taxation and
TE 71959B in such comments. You may A0A501010.999900 253G] may be subject to taxation by the Indian
mail comments to the Fish and Wildlife tribe with jurisdiction. See 25 CFR
Service’s Regional Office (see HEARTH Act Approval of Squaxin 162.017. As explained further in the
ADDRESSES). You may also comment via Island Tribe Regulations preamble to the final regulations, the
the internet to david_dell@fws.gov or Federal government has a strong interest
AGENCY: Bureau of Indian Affairs,
michael_harris@fws.gov. Please include in promoting economic development,
Interior.
your name and return address in your self-determination, and tribal
ACTION: Notice. sovereignty. 77 FR 72440, 72447–48
email message. If you do not receive a
confirmation from us that we have (December 5, 2012). The principles
SUMMARY: On August 20, 2015, the
received your email message, contact us supporting the Federal preemption of
Bureau of Indian Affairs (BIA) approved
directly at either telephone number State law in the field of Indian leasing
the Squaxin Island Tribe leasing
listed under FOR FURTHER INFORMATION and the taxation of lease-related
regulations under the HEARTH Act.
CONTACT. interests and activities applies with
With this approval, the Tribe is
Finally, you may hand-deliver equal force to leases entered into under
authorized to enter into business leases
comments to either of our offices listed tribal leasing regulations approved by
without BIA approval.
under ADDRESSES. the Federal government pursuant to the
FOR FURTHER INFORMATION CONTACT: HEARTH Act.
Covered Area Cynthia Morales, Office of Trust Section 5 of the Indian Reorganization
The agreement covers approximately Services—Division of Realty, Bureau of Act, 25 U.S.C. 465, preempts State and
439,792 acres of potentially eligible Indian Affairs; Telephone (202) 768– local taxation of permanent
lands in the upper Saline River 4166; Email: cynthia.morales@bia.gov. improvements on trust land.
watershed; 412,556 acres of potentially SUPPLEMENTARY INFORMATION: Confederated Tribes of the Chehalis
eligible lands in the upper Ouachita Reservation v. Thurston County, 724
I. Summary of the HEARTH Act F.3d 1153, 1157 (9th Cir. 2013) (citing
River watershed; and 235,010 acres of
potentially eligible lands in the upper The HEARTH (Helping Expedite and Mescalero Apache Tribe v. Jones, 411
Caddo River watershed. Lands eligible Advance Responsible Tribal U.S. 145 (1973)). In addition, as
to enroll in the agreement include any Homeownership) Act of 2012 (the Act) explained in the preamble to the revised
non-Federal properties within the makes a voluntary, alternative land leasing regulations at 25 CFR part 162,
watershed of the upper Saline, Caddo, leasing process available to tribes, by Federal courts have applied a balancing
and Ouachita Rivers. amending the Indian Long-Term Leasing test to determine whether State and
Act of 1955, 25 U.S.C. 415. The Act local taxation of non-Indians on the
Next Steps authorizes tribes to negotiate and enter reservation is preempted. White
rmajette on DSK7SPTVN1PROD with NOTICES

We will evaluate the enhancement of into agricultural and business leases of Mountain Apache Tribe v. Bracker, 448
survival permit application, including tribal trust lands with a primary term of U.S. 136, 143 (1980). The Bracker
the agreement and any comments we 25 years, and up to two renewal terms balancing test, which is conducted
receive, to determine whether the of 25 years each, without the approval against a backdrop of ‘‘traditional
applications meet the requirements of of the Secretary of the Interior. The Act notions of Indian self-government,’’
section 10(a)(1)(A) of the Act. We will also authorizes tribes to enter into leases requires a particularized examination of
also evaluate whether the section for residential, recreational, religious or the relevant State, Federal, and tribal

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Document Created: 2015-12-15 10:58:36
Document Modified: 2015-12-15 10:58:36

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.
Dates		We must receive any written comments at our Regional Office (see
Contact		Mr. Michael Harris, At-Risk Species
FR Citation		80 FR 51834

80 FR 51834 - Proposed Joint Programmatic Candidate Conservation Agreement With Assurances and Safe Harbor Agreement in the Saline, Caddo, and Ouachita River (Headwaters) Watersheds, Arkansas

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 80, Issue 165 (August 26, 2015)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service